Road Transport Act 1987 · Updated to 15 Oct 2023 · Part III · Roads
82. Forfeiture of vehicles used in competitions and speed trials
Feedback & supportWhere a motor vehicle has been seized by the police under subsection 81(4), and it is proved to the satisfaction of a court that such vehicle has been used in the commission of a second or subsequent offence under subsection 81(3), the court may, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle, notwithstanding that no person has been convicted of that offence:
motor vehicle
“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;
Provided that a copy of the written application of the Public
Prosecutor shall be served on the registered owner or any other claimant whose name is endorsed in the registration certificate of such motor vehicle.
registered owner
“registered owner” means the person registered as the owner of a motor vehicle under paragraph 11(1)(b);
An order for the forfeiture or for the release of a vehicle liable to forfeiture under this section, may be made by the court before which the prosecution in respect of a second or subsequent offence under subsection 81(3), has been or will be held.
vehicle
“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;
If there is no prosecution in respect of a second or subsequent offence under subsection 81(3), a notice in writing shall be given to the owner of the vehicle seized under subsection 81(4), if known, that he or his agent authorized in writing may, within one month from the date of the notice, establish his claim to the vehicle and if no claim is made within that period, the vehicle seized shall be forfeited.
Where the owner of the vehicle seized under subsection 81(4)
is not known, a notice in the Gazette shall be given specifying that such vehicle has been seized and calling upon any person who may have a claim thereto, within one month from the date of such notice, to appear and establish his claim and that if the vehicle is not claimed within the specified period, the vehicle shall be forfeited.
Upon receipt of a claim under subsection (3) or (4) the Chief
Police Officer may direct that such vehicle be released.
police officer
“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police Act 1967;
132 Laws of Malaysia ACT 333
Any person aggrieved by the decision of a Chief Police Officer under subsection (5) may appeal to the Minister whose decision shall be final.
Chief Police Officer
“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
No person shall in any proceedings in any court, in respect of the seizure of any vehicle under subsection 81(4), be entitled to the costs of such proceedings or to any damages or other relief, other than an order for the return of such vehicle, unless such seizure was made without reasonable or probable cause.