Demerit Points Rules 2017

Key information

Principal Source

Official Gazette / AGC

Enforcer

Road Transport Department Malaysia

IN exercise of the power conferred by subsections 35(2) and 35A(2) of the Road Transport Act 1987 [Act 333], the Minister makes the following rules:

1. Citation and commencement

• (1)
  These rules may be cited as the Road Transport (Demerit Points) Rules 2017.
• (2)
  These Rules come into operation on 6 April 2017.

2. Interpretation

In these Rules, “scheduled offence” means any offence specified in the Schedule.

3. Notification to Director General

• (1)
  Where a holder of a driving licence—
  • (a)
    has been convicted of any scheduled offence; or
  • (b)
    has been compounded for any scheduled offence and has paid that compound,

  the Director General shall be notified of the particulars of the conviction or compound in respect of the holder of the driving licence.

• (2)
  The notification under subrule (1) shall be made by the Director, Chief Police Officer, Dato Bandar, Perbadanan Putrajaya, Mayor of a City Council, President of a Municipal Council, Chairman of a Municipal Council or Director General of the Highway Authority Malaysia, as the case may be.

4. Award of demerit points and records

• (1)
  Upon receipt of notification under rule 3, the Director General shall award demerit points as set out in the Schedule against the holder of the driving licence.
• (2)
  The Director General shall record the demerit points awarded under subrule (1) in the register of holders of driving licences.
• (3)
  The demerit points awarded under subrule (1) shall take effect from the date of the commission of the scheduled offence.

5. Suspension and revocation of driving licence other than probationary driving licence

• (1)
  Where a holder of a driving licence other than probationary driving licence has been awarded a total number of twenty or more accumulated demerit points, the Director General may suspend the driving licence of the holder of the driving licence.
• (2)
  The suspension of a driving licence under subrule (1) shall be—
  • (a)
    in the case of first suspension, for a period of not less than six months but not more than eight months;
  • (b)
    in the case of second suspension, for a period of not less than eight months but not more than ten months; and
  • (c)
    in the case of third suspension or more, for a period of not less than ten months but not more than twelve months.
• (3)
  Subject to subrule (4), if a holder of a driving licence who has been awarded demerit points—
  • (a)
    is not convicted of any scheduled offence or has not been compounded for any scheduled offence for a period of twelve consecutive months from the date of his last commission of a scheduled offence and for every period of twelve consecutive months after that; and
  • (b)
    has, if required by the Director General, attended a rehabilitation course as approved by the Director General,

  the Director General may deduct a total of not exceeding fifty percent of the demerit points from the total demerit points accumulated by the holder of the driving licence for every period of twelve consecutive months.

• (4)
  Paragraph (3)(a) shall not apply if the holder of a driving licence commits any scheduled offence during any period of twelve consecutive months referred to in that paragraph but he is only convicted of or compounded for that offence and awarded demerit points after that period of twelve consecutive months.
• (5)
  Where a person whose driving licence is suspended under this rule is awarded demerit points for a scheduled offence committed during the period of suspension, the demerit points awarded—
  • (a)
    shall not be taken into account for the purpose of cancellation of demerit points at the end of the period of suspension; and
  • (b)
    subject to subrule (6), would, if accumulated to twenty demerit points or more, render his driving licence to be further suspended by the Director General in accordance with subrule (1).
• (6)
  Where a person’s driving licence is suspended under this rule for the third time in a period of five years, the Director General shall revoke the person’s driving licence.

6. Revocation of probationary driving licence

• (1)
  Where a holder of a probationary driving licence has been awarded a total number of twenty or more accumulated demerit points, the Director General shall revoke the person’s probationary driving licence.
• (2)
  In the case where a holder of a probationary driving licence is granted a driving licence, any demerit points awarded against him when he was holding the probationary licence shall remain recorded as against his name in the register of holders of driving licences.
• (3)
  Where a person who has been granted a driving licence is awarded demerit points for a scheduled offence committed when he was holding a probationary driving licence and the demerit points would, if taken into account with the demerit points awarded when he was holding the probationary driving licence, amount to twenty demerit points or more, the Director General may revoke the driving licence granted to the person.
• (4)
  Where a probationary driving licence is revoked under this rule, every demerit point awarded against the holder of the probationary licence shall be cancelled.

7. Surrender of driving licence

• (1)
  Any person who receives a notice in writing of a suspension or revocation of a driving licence under subsection 37(1) of the Act shall, within twenty-one days from the date of service of the notice, surrender the driving licence at any branch of the Road Transport Department or at any other places approved by the Director General.
• (2)
  The suspension or revocation of a driving licence shall take effect on the date of the surrender of the driving licence or at the end of the period of twenty-one days from the date of service of the notice, whichever is earlier.

8. Effect of suspension and revocation of driving licence

• (1)
  Any person whose driving licence is suspended under these Rules shall not drive a motor vehicle under any driving licence, including a driving licence issued by any other authority, or obtain a driving licence during the period of suspension.
• (2)
  Any person whose driving licence is revoked under these Rules shall not drive a motor vehicle under any driving licence, including a driving licence issued by any other authority, or obtain a driving licence for a period of twelve months from the date of revocation of the licence.
• (3)
  Notwithstanding this rule, the Director General may refuse or suspend any dealing or transaction applicable to the person under the Act.

9. Revocation and transitional provisions

• (1)
  The Motor Vehicles (Demerit Points) Rules 1997 [P.U. (A) 79/1997] (hereinafter referred to as “the revoked Rules”) is revoked.
• (2)
  Any demerit points awarded under the revoked Rules shall, on the date of coming into operation of these Rules, be cancelled and shall not be taken into account in the computation of demerit points under these Rules.
• (3)
  Any notice of suspension sent to any person under the revoked Rules before the coming into operation of these Rules shall be revoked and shall not be taken into account in the computation of a further suspension or for revocation under these Rules.
• (4)
  Any period of suspension under the revoked Rules which is still in operation shall, on the date of coming into operation of these Rules, be terminated and shall not be taken into account in the computation of a further suspension or for revocation under these Rules.
• (5)
  Any record made under the revoked Rules shall, on the date of coming into operation of these Rules, continue to be kept under these Rules.

Schedule — Scheduled offences and demerit points

SCHEDULED OFFENCES AND DEMERIT POINTS

Schedule table table

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Search 20 rows

SCHEDULED OFFENCES AND DEMERIT POINTS

No.	Offence	Description of offence	Demerit points to be awarded
			Driver of motor vehicle other than goods vehicle and bus	Driver of goods vehicle or bus
1.	Subsection 43(1) of the Act	Careless and inconsiderate driving	10	10
2.	Subsection 45(1) of the Act	Being in charge of motor vehicle when under the influence of intoxicating liquor or drugs	10	10
6.	Rule 18 of the Road Traffic Rules, 1959 [L.N. 166/1959] or subrule 92(1) of the Motor Vehicles (Construction and Use) Rules, 1959 [L.N. 170/1959]	Driving goods vehicle with load that causes danger or likely to cause danger	-	10
7.	Rule 21 of the Road Traffic Rules, 1959 or subrule 92(2) of the Motor Vehicle (Construction and Use) Rules, 1959	Driving goods vehicle with load that projects beyond the rear, front or side of body of vehicle without prior approval from Director General	-	10
8.	Rule 19 of the Road Traffic Rules, 1959 or rule 92A of the Motor Vehicle (Construction and Use) Rules, 1959	Driving goods vehicle with falling load or with spilling from the goods vehicle	-	10
9.	Rule 20 of the Road Traffic Rules, 1959 or rule 93 of the Motor Vehicle (Construction and Use) Rules, 1959	Driving goods vehicle that is unsuitable that causes danger or likely to cause danger	-	10
10.	Subsection 79(1) of the Act	Failing or neglecting directions by police officer, road transport officer or traffic warden in regulating traffic while driving or propelling vehicle	4	6
11.	Subsection 79(2) of the Act	Failing or neglecting to conform to indication given by the following traffic signs while driving or propelling vehicle: (a) red signal; (b) stop sign at road intersection; or (c) speed limit sign by— (i) exceeding 40 km per hour; (ii) exceeding 25 km to 40 km per hour; or (iii) exceeding 1 km to 25 km per hour	4 4 4 3 2	6 6 6 5 4
12.	Subrule 17(1) of the Traffic Signs (Size, Colour and Type) Rules, 1959 [L.N. 167/1959]	Failing to conform to red signal	4	6
13.	Subsection 40(1) of the Act	Exceeding the speed limit imposed for a vehicle as follows: (a) exceeding 40 km per hour; (b) exceeding 25 km to 40 km per hour; (c) exceeding 1 km to 25 km per hour	4 3 2	6 5 4
14.	Rule 17B of the Road Traffic Rules, 1959 or paragraph 12(3)(a) or 12(3)(b) of the Traffic Signs (Size, Colour and Type) Rules, 1959	Overtaking vehicle on continuous line	4	6
15.	Rule 89 of the Motor Vehicles (Construction and Use) Rules, 1959	Driving goods vehicle exceeding the maximum permissible laden weight	-	6
16.	Rule 90 of the Motor Vehicles (Construction and Use) Rules, 1959	Carrying persons on public service vehicle exceeding the number of persons specified in any valid licence or public service vehicle certificate	-	6
17.	Rule 5 of the Road Traffic Rules, 1959	Overtaking traffic on the left side	4	6
18.	Subrule 53(1) of the Road Traffic Rules, 1959	Driving, towing, pushing, parking or leaving unattended vehicle on emergency lane	4	6
19.	Rule 9 of the Road Traffic Rules, 1959	Failing to give way to vehicles which have priority over other traffic	3	5
20.	Subrule 17A(1) of the Road Traffic Rules, 1959	Using or attempting to use hand-held telephone or any other communication equipment not through hand-free kit while driving	3	5
21.	Rule 4A of the Road Traffic Rules, 1959	Driving goods vehicle or public service vehicle continuously in the extremely right lane	-	4
22.	Rule 4 of the Motor Vehicles (Safety Seat-Belts) Rules 1978 [P.U. (A) 378/1978]	Driving a motor vehicle without wearing safety seat-belt in the manner required by the nature and construction of the safety seat-belt	3	3
23.	Rule 4 of the Motor-Cycles (Safety Helmets) Rules 1973 [P.U. (A) 43/1973]	Driving on a motorcycle without wearing safety helmet in the manner required by the nature and construction of the safety helmet	2	2

NOTE:

In this Schedule—

“bus”—

• (a)
  in relation to the Peninsular Malaysia, has the meaning assigned to it in the First Schedule to the Land Public Transport Act 2010 [Act 715]; and
• (b)
  in relation to Sabah, Sarawak and the Federal Territory of Labuan, has the meaning assigned to it in the Commercial Vehicles Licensing Board Act 1987 [Act 334],

and includes excursion bus.

“excursion bus”—

• (a)
  in relation to the Peninsular Malaysia, has the meaning assigned to it in the Second Schedule to the Land Public Transport Act 2010; and
• (b)
  in relation to Sabah, Sarawak and the Federal Territory of Labuan, has the meaning assigned to it in the Commercial Vehicles Licensing Board Act 1987 or the Tourism Vehicles Licensing Act 1999 [Act 594], as the case may be.