Section 90 — ROAD TRANSPORT ACT 1987

(2)

If a person acts in contravention of this section he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both and a person convicted of an offence under this section shall, unless the court for special reasons to be specified in the order thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence under Part II for a period of twelve months from the date of the conviction.

(3)

A person disqualified by virtue of a conviction under this section or of an order made thereunder from holding or obtaining a driving licence shall, for the purposes of Part II, be deemed to be disqualified by virtue of a conviction under the provisions of that Part:

Provided that a person shall not be convicted of an offence against this section if he proves—

(a)

that the vehicle did not belong to him and was not in his possession under a contract of hiring or loan;

(b)

that he was using such vehicle in the course of his employment; and

(c)

that he neither knew, nor had reason to believe, that there was not in force in relation to such user a policy of insurance or such security as complies with the provisions of this Part.

(4)

Notwithstanding any written law prescribing a time within which proceedings may be brought before a court, proceedings for an offence under this section may be brought—

(a)

within a period of six months from the date of the commission of the alleged offence; or

(b)

within a period which exceeds neither three months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor one year from the date of the commission of the offence,

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whichever period is the longer.

(5)

This section shall not apply—

(a)

to a vehicle owned by—

(i)

any Government in Malaysia;

(ii)

the Government of the Republic of Singapore;

(iii)

a Municipality or other local authority approved by the Minister charged with the responsibility for local government except to a public service vehicle, other than an employees vehicle; or

(iv)

a public body, whilst the vehicle is being used for the purpose of any such Government, Municipality or other local authority or public body owning the same;

(b)

to any motor vehicle at any time when it is being driven for police purposes by or under the direction of a police officer; or on a journey to or from any place undertaken for salvage purposes pursuant to Part X of the Merchant

Shipping Ordinance 1952 [Ord. No. 70 of 1952];

(c)

to any motor vehicle at any time when it is being driven by or under the direction of a road transport officer for the purpose of examining or testing the mechanism of the motor vehicle or of testing the ability of a person to control or to drive a motor vehicle in connection with an application for a licence to drive a motor vehicle; or

(d)

to a motor vehicle in respect of which the registered owner has deposited with the Accountant General the sum of one hundred and twenty-five thousand ringgit at any time when such motor vehicle is being driven by the registered owner or by his servant in the course of his

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employment, or is otherwise subject to the control of the registered owner.

Requirements in respect of policies