Understanding The Malaysian Road Transport Act

Posted on February 14th, 2010

Some Important Sections of the Road Transport Act 1987 A Driver Should Know

The Road Transport Act (RTO) 1987 has often been mentioned quite frequently in our articles. Like a good Muslim where knowledge of the Syariah Law is important, a motorist should be well versed with the Road Transport Act 1987.

Today’s article will focus on some of the important sections which a driver should be aware of.

Section 26 (1) of the RTO reiterates that no one is allowed to drive a vehicle without a valid license.

Section 26 (2) further goes on to say that those who contravene the above said law is liable to be fined. For this, a driver can be summoned RM150 in a court of law.

The same applies to driving with an expired driving license and non possession of a driving license.

Some readers ask is it an offence not having a license if stopped by the police of J.P.J?

The answer is “yes”. Therefore, make certain you have your driving license with you prior to leaving your house.

Many motorists are unaware that it is an offence to drive underage. The minimum age for driving cars is 17. For motor, it is 16. Drivers who are underage contravene Section 39 of the RTO. A RM1000 awaits you. You can even be given a 6 months imprisonment or both.

This offence is in fact a court case offense. It means an offender has to appear before a magistrate. It cannot be compounded.

A reader rather recently wrote in to this blog to inquire regarding “speeding”. This seems to be a major problem with many motorists. As such, I feel its pertinent this problem be addressed.

Section 69 (1A) talks about the question of speeding. Below are some important facts about speeding which you ought to know:

i) Excess of 40 km/h – RM300 fine

ii) 26 km/h – 40km/h – RM200 fine

iii) 1km/h – 25 km/h – RM100 fine

The above applies to all national roads across the entire nation.

A “P” driver caught speeding can be given 10 Demerit Points. His or her license can be suspended.
To drive carelessly or with undue care, and if you cause death, you can expect to be slapped with Section 41 of the RTO 1987. This is a court case summons. For this, you could get a mandatory jail sentence of 2 to 10 years jail or fined a total of RM500 to RM2000. Your license could also be suspended too.


However, if one is to drive dangerously and with undue care, but not causing death, you will be charged under Section 42. Mandatory jail sentence of 1 day to 5 years awaits you. A RM500 to RM15,000 fine also awaits you.

You will be charged under Section 43 if you should drive dangerously and with undue care, but no death is caused. This court case incident carries a no jail sentence but a RM4000 – RM10,000 fine failing which you can expect to be jailed not more than 12 months.

Let’s now come to the more serious charges under the RTO 1978.

Section 44 is driving under the influence of drugs or alcohol. It is in fact a :

i) Court case incident.

ii) Mandatory imprisonment 3 to 10 years.

iii) Fine of RM8000 – RM20,000.

iv) Your driving license can be suspended.

To commit drunk driving is to contravene Section 45 of the RTO 1978. The fine is RM500 or 1 month’s prison sentence.

For the 2nd offence, one gets a fine of RM1000 and a 3 months imprisonment or both.

And finally, the most famous of all summonses, Section 81 RTO 1987 – Merempit Motor or illegal racing among youths today.

For this, the fines imposed are:

i) A fine of RM2000.

ii) 6 months imprisonment or both.

iii) 6 months imprisonment and your license can be suspended for one year.

The above are some of the important sections of the Road Transport Act 1978, which as a driver, you are expected to be aware of.

Take good note of it, as knowledge of it could make you a better driver.

In the forthcoming articles, the possibility of highlighting other important aspects of Sections of the Road Transport Act 1978 will be made.

Drive safely!


12 Comments • Posted in Driving In Malaysia

Comments

  1. Jack

    Please explain about the malaysian act and law on the emergency warning triangle during the breakdown of car. What is the requirement?
    Thank you.

    • Cikgu Yap

      The RTO 1987 requires all vehicle to possess an emergency triangle. Commercial vehicles especially are time and again checked and action taken.

      The RTO 1987 provides for a RM300 fine for vehicles that do not have the above important item. But frankly, in Malaysia the authorities seldom enforce this law strictly. It is the onus for vehicle owners to see to it that they possess this item. The safety of a driver and its passengers in reality depends on it.

      For further information, in France and other European countries, having an emergency triangle in your car is a legal requirement. In Spain, non Spanish registered vehicle has to have one warning triangle. While Spanish registered vehicles are required to have 2 warning triangle instead!

      In short, all drivers should warn other drivers of potential hazards in an accident or breakdown.

  2. vimalsreethiren

    I’m 15 and i drove my mom’s car last week. The police caught me and gave me a form saying i have to attend in the court. What will happen in the court ?

    • Cikgu Yap

      You will be given a heavy sentence which might amount to one to two thousand ringgit.

  3. xiaobai221

    yesterday i got a accident at around 0430am .this accident didnt caused any injury and im alone. the car finally hit a billboard and stop .now the police change me under sek 43 . but my question is there any way to solve this summon or i should hire a lawyer.will it cause me spend more money ? cause im not wealthy .thank for helping.

    • Cikgu Yap

      You will be charged for reckless driving. You will also most likely be fined for causing damage to public property. Appeal to the court for a lesser punishment.

  4. rajev

    hello, im 17. old enough to drive. but i havent done my licence yet. but sometimes i will take the car out. what will happen if im stopped by the police?

    • Cikgu Yap

      Don’t drive without a licence.

  5. Stephen Tan

    Dear Cikgu Yap,

    I had an accident last week… Which I bump to other car at federal highway.
    But, my license was expired 3 years ago.

    Wanted to ask:

    (1) what can I do, if the car owner that I hit cannot claim the insurance?
    (2) what should I do, if I wanted to renew my CDL license?

    Please do advise me!

    Thank you very much.

    • Cikgu Yap

      Dear Stephen, Sorry to say you are a very irresponsible driver. You seem to be unaware of the difficulties you’ve gotten yourself into. Be ready to anticipate the other driver engaging legal counsel against you.

  6. SK

    Hi Cikgu Yap,

    My fren involved in an accident today when she wanted to turn right but the motorcyclist who was driving straight hit her, at the middle of door, at left driver site.

    From the photos of the car damage, it was hit at the middle, which seems that my fren already turn half way to the junctions but the motor cyclist who was driving fast didn’t slow down.

    When she made the police report with the towing guy, they both hinted her that she will need to pay RM500 , other than compound RM300, so that the sergeant won’t charged her under seksyen 43- reckless driving which will ends up as court case & fines.

    What’s your opinion in this ? Should she paid them? Or it is arguable that it’s the cyclist fault? The cyclist ended up injured & has broken hand & now in hospital.

    Tx.

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