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Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers

65. Removal of broken down and abandoned vehicles

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(1)

A police officer, a road transport officer, the Dato Bandar, the

Perbadanan Putrajaya, the Mayor of a City Council, the President of a

Municipal Council, the Chairman of a Municipal Council or the

Director General of Highway Authority Malaysia or the concession company duly authorized in writing by the Director General of

Highway Authority Malaysia may require the owner, driver or other person in control or in charge of any motor vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, to move or cause to be moved such motor vehicle from such road to any other road or any such position or place as may be specified.

(2)

Any person who fails to comply when required to move such motor vehicle under this section shall be guilty of an offence.

(3)

Where any vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, a police officer, a road transport officer, the Dato Bandar, the

Perbadanan Putrajaya, the Mayor of a City Council, the President of a

Municipal Council, the Chairman of a Municipal Council or the

Director General of Highway Authority Malaysia or the concession company duly authorized in writing by the Director General of

Highway Authority Malaysia may cause the said motor vehicle to be removed to some suitable place and thereto remain at the risk of the owner, and may detain the same until any fees as may be prescribed under this Act for such removal and detention are paid.

(4)

The fees under subsection (3) shall be paid to—

(a)

the Chief Police Officer, if the motor vehicle was caused to be removed by a police officer;

(aa)

a road transport officer, if the motor vehicle was caused to be removed by a road transport officer;

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(b)

the Dato Bandar, if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the City of Kuala Lumpur authorized in writing by the Dato Bandar;

(b)

the Perbadanan Putrajaya if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the Perbadanan Putrajaya;

(ca)

the Mayor of a City Council, the President of a

Municipal Council or the Chairman of a Municipal

Council, if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the

City Council or the Municipal Council;

(d)

the Director General of Highway Authority Malaysia, if the motor vehicle was caused to be removed by an officer of the Highway Authority Malaysia authorized in writing by the Director General of Highway Authority

Malaysia; or

(e)

the concession company, if the motor vehicle was caused to be removed by an officer of the concession company authorized in writing by the Director General of Highway Authority Malaysia.

(5)

A police officer, a road transport officer, the Dato Bandar, the

Director General of Highway Authority Malaysia, the Perbadanan

Putrajaya, the Mayor of a City Council, the President of a Municipal

Council, the Chairman of a Municipal Council or any other person acting under his or its directions, as the case may be, shall not incur any liability in respect of any loss or damage caused to any motor vehicle or the fittings or contents thereof in the course of its removal or while it is being detained, unless such damage was caused negligently or wilfully.

(6)

When any motor vehicle is detained under this section, the officer detaining the same shall with all reasonable despatch give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him, and if such

100 Laws of Malaysia ACT 333

motor vehicle is not claimed by its owner within three months of the date of its detention, that officer may, after giving one month’s notice in the Gazette of his intention so to do, sell by public auction or otherwise dispose of such motor vehicle and its load (if any);

provided that no such notice need be given in the case of any load of a perishable nature. The proceeds, if any, from such sale or disposal shall be applied in payment of any fees imposed under this Act and the surplus, if any, shall be paid to the owner of the motor vehicle or if not claimed by such person within twelve months after the date of such sale or disposal, shall be forfeited to the Federal Government, the Dato Bandar or the Perbadanan Putrajaya, the Mayor of a City

Council, the President of a Municipal Council, the Chairman of a

Municipal Council, or the Director General of Highway Authority

Malaysia, as the case may be.

(7)

Without prejudice to the powers of the Minister under paragraph 66(1)(f), the Dato Bandar or the Perbadanan Putrajaya, the

Mayor of a City Council, the President of a Municipal Council, the

Chairman of a Municipal Council, or the Director General of

Highway Authority Malaysia may, after consultation with the

Minister, by rules impose fees for the removal of any vehicle from any road within the Federal Territory of Kuala Lumpur or the Federal

Territory of Putrajaya, and the detention thereof in pursuance of this section.

(8)

For the purposes of this section, “concession company” means any company that is authorized to demand, collect and retain tolls under an order made under section 2 of the Federal Roads (Private

Management) Act 1984 [Act 306].

Terms defined in this Act

accident
Defined · s 2
“accident” means an accident or occurrence whereby damage or injury is caused to any person, property, vehicle, structure or animal;
Open s 2
Chairman of a Municipal Council
Defined · s 2
“Chairman of a Municipal Council” means the Chairman of a Municipal Council referred to in section 2 of the Local Government Ordinance 1961 and subsection 2(1) of the Local Authorities Ordinance 1996 and includes the Deputy Chairman of the Municipal Council;
Open s 2
charge
Defined · s 88A
“charge” means the motor vehicle road charge. Application
Open s 88A
Chief Police Officer
Defined · s 2
“Chief Police Officer” means any police officer vested by the Inspector General of Police with the control of the Royal Malaysia Police in respect of any area or state under section 6 of the Police Act 1967 and designated as such by the Inspector General of Police; Road Transport 13
Open s 2
City Council
Defined · s 2
“City Council” includes a Council of a City and a City;
Open s 2
company
Defined · s 2
“company” includes any company as defined in the *Companies Act 1965, any company formed under any law, any corporation incorporated by law, and any firm or partnership;
Open s 2
Dato Bandar
Defined · s 2
“Dato Bandar” means the Dato Bandar Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 read with section 4 of the City of Kuala Lumpur Act 1971 and includes any officer in the service of the City of Kuala Lumpur authorized in writing by the Dato Bandar to exercise powers conferred or to perform duties imposed by this Act on the Dato Bandar;
Open s 2
Director General
Defined · s 2
“Director General” means the Director General for Road Transport appointed under section 3; *NOTE—The Companies Act 1965 has since been repealed by the Companies Act 2016 which comes into operation on 31 January 2017—see subsection 620(1)…
Open s 2
driver
Defined · s 2
“driver” means the person for the time being driving a motor vehicle and, in the case of a stationary motor vehicle, includes the person for the time being responsible for the driving of the motor vehicle;
Open s 2
Government
Defined · s 2
“Government” means the Federal Government or any State Government;
Open s 2
Highway Authority
Defined · s 2
“Highway Authority” means the body corporate established under section 3 of the Highway Authority Malaysia (Incorporation) Act 1980; Road Transport 15
Open s 2
Mayor of a City Council
Defined · s 2
“Mayor of a City Council” includes Commissioner of a City and “Mayor” shall be construed accordingly;
Open s 2
Minister
Defined · s 2
“Minister” means the Minister charged with responsibility for transport;
Open s 2
motor vehicle
Defined · s 2
“motor vehicle” means a vehicle of any description, propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;
Open s 2
Municipal Council
Defined · s 2
“Municipal Council” means a Municipal Council for a local authority area that has been declared and determined in accordance with paragraph 3(d) of the Local Government Act 1976, paragraph 6(1)(cc) of the Local Government Ordinance 1961 and paragraph 3(1)(e) of the Local Authorities Ordinance 1966;
Open s 2
Perbadanan Putrajaya
Defined · s 2
“Perbadanan Putrajaya” means the Perbadanan Putrajaya established under section 3 of the Perbadanan Putrajaya Act 1995;
Open s 2
police officer
Defined · s 2
“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police Act 1967;
Open s 2
President of a Municipal Council
Defined · s 2
“President of a Municipal Council” means the President as defined in section 2 of the Local Government Act 1976;
Open s 2
road
Defined · s 2
“road” means— (a) any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures and fixtures to fully effect its use; (b) for the purposes of sections 70 and 85, also includes a road under construction; and (c) for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;
Open s 2
road transport officer
Defined · s 2
“road transport officer” means any person appointed to be a road transport officer under section 3;
Open s 2
this Act
Defined · s 2
“this Act” includes any subsidiary legislation made under this Act;
Open s 2
traffic warden
Defined · s 2
“traffic warden” means any person appointed to be a traffic warden by the Dato Bandar, the Perbadanan Putrajaya, the Mayor of a City Council, the President of a Municipal Council or the Chairman of a Municipal Council under section 3;
Open s 2
vehicle
Defined · s 2
“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
Open s 2

Report

Read on from s 66

Part III

Roads

Read on from Part III

Part IV

Provisions Against Third Party Risks Arising Out of the Use of Motor Vehicles

Read on from Part IV

Part V

Offences and Miscellaneous Provisions

Read on from Part V