Section 42
Power to test and prohibit use of vehicle
of Sustainable Resources and Wastes Management, 2025
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The Chief Executive Officer or any authorized person may enter and inspect any vehicle in use and for that purpose may require any vehicle to be stopped, and may detain any vehicle during such time as is required for the inspection, and may require the driver of such vehicle to drive it to another place for the purpose of such inspection and may carry out, at the expense of the owner, all such tests and examinations as he considers desirable or necessary to satisfy himself that the provisions of this Ordinance or any regulation made hereunder have been complied with in respect of the vehicle:
Provided that no vehicle shall be detained under this section for a period exceeding forty-eight hours or such longer period as the
Chief Executive Officer may by writing authorize in any particular case.
(2)
If, on such inspection, it appears to the Chief Executive
Officer or authorized person that, by reason of any defect therein, such vehicle is or is likely to contravene this Ordinance or any regulation made hereunder, he may prohibit the use of such vehicle:
Provided that where in the opinion of the Chief Executive
Officer or authorized person the defects are such as can be remedied within any period not exceeding ten days, the prohibition shall not operate before the expiration of the period.
(3)
Where, under subsection (2), the Chief Executive Officer or authorized person prohibits the use of a vehicle, he shall forthwith give written notice of such prohibition to the registered owner of the vehicle and to the person in charge thereof.
(4)
In the case of prohibition on the grounds of such defects as are specified in the proviso to subsection (2), the notice given under subsection (3) shall specify the period within which the defects can in the opinion of the Chief Executive Officer or such authorized person be remedied and may require the registered owner of the vehicle or the person in charge thereof to produce for his inspection the vehicle at such convenient time and place as may be specified in the notice.
(5)
A notice made under subsection (3) which has become effective may be withdrawn in writing by the Chief Executive
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Officer or any authorized person if he is satisfied that the vehicle is fit to use and he shall give notification thereof to the registered owner of the vehicle.
(6)
The Chief Executive Officer or authorized person may by notice in writing require the registered owner of the vehicle to produce for his inspection, at such convenient time and place as may be specified in the notice, any document relating to the vehicle.
(7)
If any person fails to comply with this section, or uses or permits to be used a vehicle at any time whilst a notice under subsection (3) is in force in relation to such vehicle, he shall be guilty of an offence and shall, upon conviction, be liable to a fine of not less than five thousand ringgit and not exceeding fifty thousand ringgit.