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ROAD TRAFFIC – DUTY OF DIRECTOR GENERAL OF ROAD TRANSPORT

Illustrative scenario:

X acquired a pre-owned vehicle, successfully registering it under his name in 2020 after completing all necessary formalities, including payment, insurance, and road tax. Following the registration, the Road Transport Department conducted a standard inspection and issued a ‘Sijil Pemilikan Kenderaan’ to X.

A year later, X was summoned for an investigative meeting by the Director General of Road Transport, during which he was informed that the vehicle was identified as a clone at the time of its registration by X and would be seized under Section 64 of the Road Transport Act 1987 (RTA). (“RTA”).

It was revealed that the vehicle had been reported stolen in 2018, with its engine and chassis numbers altered. This critical information, however, was not recorded in the Road Transport Department’s registry due to the absence of legal mandates or guidelines for blacklisting vehicles upon receiving such complaints.

The crux of the matter is determining whether the Director of Road Transport neglected statutory responsibilities by allowing the registration of such a vehicle and its operation on public roads.

Legal Framework and Implications:

  • Section 8 of the RTA mandates the Director General of Road Transport to maintain a comprehensive registry of all motor vehicles within his jurisdiction, detailing the format and information as periodically directed by the Director General.
  • Upon receiving reports of vehicle cloning or tampering, it is incumbent upon the Director General to implement measures alerting potential buyers within the registry to prevent ownership transfers during ongoing investigations.
  • In this scenario, the failure to update the vehicle’s status in the registry, thus allowing its purchase and registration by X, constitutes a breach of statutory duty by the Director General of Road Transport.

Reference Cases:

  • Dr Hema a/p Thiyagu v. Pengarah Pengangkutan Jalan, Negeri Pulau Pinang & Ors [2023] 12 MLJ 31
  • Federal Court in case of Pengarah Jabatan Pengangkutan Negeri Selangor & Ors v. Sin Yoong Min [2015] 1 MLH 1
  • Pendaftar dan Pemeriksa Kereta-Kereta Motor, Melaka & Ors v. KS South Motor Sdn Bhd [2000] 2 MLJ 540; [2000] 2 CLJ 57
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