Road Traffic Act

to drive a motor vehicle or motorcycle, if he is under the age of 18 years;

to drive a heavy vehicle or a public service vehicle, if he is under the age of 21 years;

while another driving licence granted to him is in force, whether such licence is suspended or not:

if he is by a conviction under Part 5 or by an order of the court under Part 6 disqualified from holding or obtaining the licence.

to revoke the endorsement authorising the holder of a driving licence to drive a public service vehicle if in the opinion of

to revoke the driving licence of any person who appears, in the opinion of the licensing officer, to be suffering from a disease or disability likely to cause the driving by him of a motor vehicle to be a source of danger to the public:

to order a fresh driving test by an examiner in the case of any holder of a driving licence who appears to the licensing officer to be so deficient in driving ability as to be a source of danger to the public, and if the licence holder fails to pass or refuses to attend such test, the licensing officer shall have power to revoke his licence.

Any person who drives a motor vehicle of any class or description on any road within an area specified in Schedule 1 at a speed greater than the speed specified in or by virtue of such Schedule as the

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations amend the provisions of Schedule 1 and the regulations therein contained.

A person prosecuted for driving a motor vehicle on a road at a speed exceeding a speed limit imposed under subsection (1) shall not be liable to be convicted solely on the evidence of one witness to the effect that in the opinion of the witness the person prosecuted was driving the vehicle at a speed exceeding that limit.

Any person who aids, abets, counsels or procures any person who is employed by him to drive a motor vehicle on a road, whether as registered owner or as the temporary possessor of the use of a motor vehicle under a hiring agreement, to commit an offence under this section is guilty of an offence and liable on conviction to a fine of $4,000 and, in the case of a second or subsequent conviction, to a fine of $8,000 and imprisonment for 6 months.

On a second or subsequent conviction under this section, the court shall order —

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and

that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for such period not being less than 3 months from the date of such conviction as the court may think proper unless the court, for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place —

is under the influence of drink, a drug or an intoxicating substance to such an extent as to be incapable of having proper control of such motor vehicle; or

has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for 2 years and, in the case of a second or subsequent conviction, to a fine of $20,000 and imprisonment for 4 years.

On a conviction under subsection (1), the court shall order —

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and

that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for such period not being less than 3 years from the date of such conviction or, where he is sentenced to imprisonment, from the date of his release from prison, as the court may think proper unless the court, having regard to the lapse of time since the date of the previous or last conviction or for any other special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

Any police officer may without a warrant arrest any person committing an offence under this section.

Where a person drives or is in charge of a motor vehicle on a road or other public place —

whilst under the influence of drink, a drug or an intoxicating substance in contravention of section 26(1);

whilst he has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit; or

without a policy of insurance or other security in respect of third party risks in contravention of section 3(1) of the

A licensing officer shall, when suspending a driving licence of a person under subsection (1), give to him a notice in writing informing him that it has been suspended until the charge has been tried and determined by the court and requiring him forthwith to surrender his driving licence.

A person who without reasonable cause or excuse refuses or fails to surrender his driving licence to a licensing officer under subsection (2)

Any person whose driving licence has been suspended under this section shall not during the period of suspension drive or be in charge of a motor vehicle on a road or other public place under any other driving licence granted by any authority or otherwise.

Any person who drives or is in charge of a motor vehicle on a road or other public place when his driving licence has been suspended under this section is guilty of an offence and liable on conviction to a fine of $5,000, imprisonment for 12 months or both and, in the case of a second or subsequent conviction, to a fine of $10,000, imprisonment for 3 years or both.

A person to whom a notice has been given under subsection (2)

In subsection (1), “serious injury” means any injury which cause or caused a person to be, for a period of at least 7 days, in severe bodily pain or unable to follow his ordinary pursuits.

Any person who, when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —

whilst under the influence of drink, a drug or an intoxicating substance, to such an extent as to be incapable of having proper control of such vehicle; or

has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, is guilty of an offence and liable on conviction to a fine of not less than $500

For the purposes of subsection (1), a person is deemed not to have been in charge of a motor vehicle if he proves that —

at the material time, the circumstances were such that there was no likelihood of him driving the vehicle so long as he remained so under the influence or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and

between him becoming so under the influence and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.

On a second or subsequent conviction for an offence under this section, the court shall order that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for a period of 12 months from the last day of his imprisonment unless the court, for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

Where a person convicted of an offence under this section has been previously convicted of an offence under section 26, he shall be treated for the purpose of this section as having been previously convicted under this section.

Any police officer may without a warrant arrest any person committing an offence under this section.

Where a police officer has reasonable cause to suspect that —

a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit, or has committed a traffic offence whilst the vehicle was in motion;

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that person still has alcohol in his body;

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; or

a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place when an accident occurred —

between that motor vehicle and one or more other motor vehicles; or

causing any injury or death to another person, he may, subject to section 26E, require that person forthwith to provide a specimen of his breath for a breath test.

A person may be required under subsection (1) to provide a specimen of his breath either at or near the place where the requirement was made or, if the requirement was made under paragraph (d) of that subsection and the police officer making the requirement thinks fit, at a police station specified by the police officer.

A breath test required under subsection (1) shall be conducted by a police officer.

A person who, without reasonable excuse, fails to provide a specimen of his breath when required to do so in pursuance of this section is guilty of an offence and liable on conviction to a fine of not less than $1,000 and not more than $5,000 or imprisonment for 6 months and, in the case of a second or subsequent conviction, to a fine of $3,000 and not more than $10,000 and imprisonment for 12 months.

A police officer may arrest any person without warrant if —

as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person’s breath or blood exceeds the prescribed limit;

that person has failed to provide a specimen of his breath for a breath test when required to do so in pursuance of this section and the police officer has reasonable cause to suspect that he has alcohol in his body; or

he has reasonable cause to suspect that that person is under the influence of a drug or an intoxicating substance.

In the course of an investigation whether a person arrested under section 26C(5) has committed an offence under section 26 or 26B, a police officer may, subject to this section and to section 26E, require him to provide —

a specimen of his breath for a breath test for analysis; or

at a hospital, a specimen of his blood for a laboratory test, notwithstanding that he has already been required to provide a specimen of his breath for a breath test under section 26C.

A breath test required under this section shall be conducted by a police officer at a police station.

A requirement under this section to provide a specimen of blood shall not be made unless —

the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required;

at the time the requirement is made, the breath-analyser or other device is not available at the police station or it is for any other reason not practicable to use it; or

the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug or an intoxicating substance, and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide a specimen of his breath.

A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence and if it is shown that at the time of any accident referred to in section 26C(1)(d) or of his arrest under section 26C(5) —

he was driving or attempting to drive a motor vehicle on a road or any other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26;

he was in charge of a motor vehicle on a road or other public place, he shall be liable on conviction to be punished as if the offence charged were an offence under section 26B.

A police officer shall, on requiring any person under this section to provide a specimen for a laboratory test, warn him that failure to provide a specimen of blood may make him liable to imprisonment, a fine and disqualification, and, if the police officer fails to do so, the court before which that person is charged with an offence under subsection (4) may dismiss the charge.

A person who is at a hospital as a patient shall not be required to provide a specimen for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.

The medical practitioner referred to in subsection (1) shall not authorise a specimen to be taken where it would be prejudicial to the proper care and treatment of the patient.

In proceedings for an offence under section 26 or 26B, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of breath or blood (as the case may be) provided by the accused shall be taken into account and, subject to subsection (2), it shall be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than in the specimen.

Where the proceedings are for an offence under section 26(1)

he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of the motor vehicle on the road or other public place and before he provided the specimen; and

had he not done so, the proportion of alcohol in his breath or blood —

would not have been such as to make him unfit to drive a motor vehicle in the case of proceedings for an offence under section 26(1) or 26B(1)(a); or

would not have exceeded the prescribed limit in the case of proceedings for an offence under section 26(1)

Subject to subsection (5) —

evidence of the proportion of alcohol in a specimen of breath may be given by the production of a document or documents purporting to be either a statement automatically produced by the breath-analyser or other device and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) to the effect that the statement relates to a specimen provided by the accused at the date and time shown in the statement;

evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood may be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in a specimen of blood identified in the certificate.

A specimen of blood shall be disregarded unless it was taken from the accused with his consent by a medical practitioner; and evidence that a specimen of blood was so taken may be given by the production of a document purporting to certify that fact and to be signed by the medical practitioner.

A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (3) is admissible in evidence on behalf of the prosecution in pursuance of this section only if a copy of it has been handed to the accused when the document was produced or has been served on him not later than 7 days before the hearing, and any other document is so admissible only if a copy of it has been served on the accused not later than 7 days before the hearing.

A document purporting to be a certificate (or so much of a document as purports to be a certificate) is not so admissible if the accused, not later than 3 days before the hearing or within such further time as the court may in special circumstances allow, has served notice on the prosecution requiring the attendance at the hearing of the person by whom the document purports to be signed.

A copy of a certificate required by this section to be served on the accused or a notice required by this section to be served on the prosecution may be served personally or sent by registered post.

Notwithstanding anything in section 26C or 26F, where a person —

was the driver of, had attempted to drive or was in charge of a motor vehicle on a road or other public place when an accident occured —

between that motor vehicle and one or more other motor vehicles; or

causing any injury or death to another person; and

is, for any reason, unable to provide a specimen of his breath under section 26C or to give his consent to a specimen of blood being taken from him for analysis, any medical practitioner treating such person for his injury shall, if so directed by the Commissioner of Police, cause any specimen of blood taken by the medical practitioner from such person in connection with his treatment to be sent for a laboratory test to determine the proportion of alcohol or of any drug or intoxicating substance in the specimen.

In proceedings for an offence under section 26 or 26B, evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed in pursuance of this section shall be taken into account.

Evidence of the proportion of alcohol or of any drug or intoxicating substance in a specimen of blood analysed under this section may, subject to subsection (4), be given by the production of a document purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol, drug or intoxicating substance found in the specimen of blood indentified in the certificate.

The provisions of section 26F(5), (6) and (7) apply, with any necessary modifications, to a certificate referred to in subsection (3) as they apply to a document or certificate referred to section 26F(3).

Whoever, by the conduct described in section 28, causes the death of any person is guilty of an offence and liable on conviction to a fine of $20,000 and imprisonment for 7 years and, in the case of a second or subsequent conviction, the same fine and imprisonment.

The conviction of any person of an offence under section 28

On a conviction under subsection (1), the court shall order that such person be disqualified for life from holding or obtaining a licence to drive any motor vehicle from the date of the conviction, unless the court, for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

If upon the trial of a person for an offence under this section the court is not satisfied that his driving was the cause of death, but is satisfied that he is guilty of driving as specified in subsection (1), it shall be lawful for the court to convict him of an offence under section 28, whether or not the requirements of section 30 have been satisfied as respects that offence.

Any person who drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the road, and the amount of traffic which is, or which might reasonably be expected to be on the road at the time, is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for 2 years and, in the case of a second or subsequent conviction, to a fine of $20,000 and imprisonment for 4 years.

On a first conviction under subsection (1), the court shall order —

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and

that such person be disqualified from holding or obtaining a licence to drive a motor vehicle for such period not being more than 3 years from the date of such conviction as the court may think proper unless the court, for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

On a second or subsequent conviction under subsection (1), the court shall order that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for such period, not being less than 12 months from the date of such conviction, as the court may think proper unless the court, having regard to the lapse of time since the date of the previous or last conviction or for any other special reasons (which shall be set out in the order of the court), thinks fit to order otherwise.

Any police officer may without a warrant arrest any person committing an offence under this section.

Any person who drives a vehicle on a road without due care and attention or without reasonable consideration for other persons using the road is guilty of an offence and liable on conviction to a fine of not less than $600 and not exceeding $5,000 and imprisonment for 12 months.

On a second or subsequent conviction under subsection (1), the court shall order —

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and

that such person be disqualified from holding or obtaining a licence to drive any motor vehicle for such period not being less than 18 months from the date of such conviction as the court may think proper unless the court, having regard to the lapse of time since the date of the previous or last conviction or for any other special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

Any person who, being the driver of a motor vehicle on a road, uses a mobile telephone while the motor vehicle is in motion is guilty of an offence and liable on conviction to a fine of not less than $600 and not

In this section —

Where a person is prosecuted for an offence under section 24, 28

he was warned at the time the offence was committed or within 24 hours thereafter that the question of prosecuting him for an offence under one or other of those sections would be taken into consideration;

within 14 days of the commission of the offence a summons for the offence was served on him; or

within that 14 days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the vehicle at the time of the commission of the offence:

neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or sent as aforesaid;

the accused by his own conduct contributed to the failure.

Notwithstanding subsection (1), an accused person in whose case the requirements of this section have been satisfied or do not apply, as respects an alleged offence under section 28, may be convicted of an offence under section 29.

The requirements of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.

This section does not apply in any case in which the person prosecuted was, in connection with the incident in respect of which a charge against him is preferred, arrested either on the day on which the incident occurred or within 30 days of that date.

Where an accident occurs owing to the presence of a motor vehicle on a road and the accident results in damage or injury to any person, vehicle, structure or animal, the driver of the motor vehicle shall stop the motor vehicle and shall do any of the following as may be applicable —

the driver, if requested to do so by any person at the scene of the accident having reasonable grounds for so requesting the driver’s particulars, provide the driver’s particulars to that person;

if no person referred to in paragraph (a) is present at the scene of the accident, the driver shall take reasonable steps to inform the owner (if any) of the damaged vehicle or structure, or injured animal, of the damage or injury caused to the vehicle, structure or animal (as the case may be), and provide that owner with the driver’s particulars.

The driver of the motor vehicle referred to in subsection (1) shall report the accident at a police station or to a police officer within 24 hours after the accident unless either of the following has occurred —

the driver has provided the driver’s particulars to a person referred to in subsection (1)(a);

the owner referred to in subsection (1)(b) has contacted the driver;

the driver was prevented from making a report by a cause which a court thinks sufficient in the circumstances.

If in any case owing to the presence of a motor vehicle on a road an accident occurs whereby any person is killed or any damage or injury is caused to any person, vehicle, structure or animal, the driver of the motor vehicle shall render such assistance as may be reasonably required by any police officer or in the absence of any police officer such assistance as it may reasonably be in the power of the driver to render.

When, owing to the presence of a motor vehicle on a road, an accident occurs in consequence of which a person is killed or seriously injured or serious damage is caused to any vehicle or structure, no person shall, except under the authority of a police officer, move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle

a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, remove mails, prevent fire or prevent damage or obstruction to the public; and

goods and passengers’ baggage may be removed from a vehicle under the supervision of a police officer.

Subsection (4) does not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is at hand.

If any person fails to comply with any of the provisions of this section, he is guilty of an offence.

Any person who is guilty of an offence under subsection (6)

a fine not exceeding $3,000, imprisonment for a term not exceeding 12 months or both; and

in the case of a second or subsequent conviction, to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.

Where a person is convicted of an offence under subsection (6)

if satisfied that he had in driving or attempting to drive a motor vehicle at the time of the accident referred to in subsection (3)

unless the court for special reasons thinks fit to order otherwise,

for a period of not less than 12 months from the date of his conviction or, where he is sentenced to imprisonment, from the date of his release from prison;

for such longer period as the court thinks fit.

Where at one trial the driver of a motor vehicle is convicted and sentenced to imprisonment for —

an offence involving the use of the motor vehicle by him, whereby any serious injury or death is cause to another person; and

an offence under subsection (6) arising from his failure to comply with subsection (3), the court before which he is convicted shall order that the sentences for those offence shall run consecutively.

Any police officer may arrest without a warrant any person who is reasonably suspected of having failed to comply with subsection (3).

In this section —

Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the regulations made thereunder —

the owner of the motor vehicle shall give such information as he may be required by a police officer to give as to the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence, and as to the driving licence held by

any other person who was or should have been in charge of the motor vehicle shall, if so required as aforesaid, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within 7 days of the date on which the information was required from him, he fails to do so, he is guilty of an offence.

Any person who wilfully furnishes any false or misleading information under subsection (1) is guilty of an offence.

A police officer may require any information to be furnished under subsection (1) to be in writing signed by the person required to furnish such information.

Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or the regulations made thereunder or any offence in connection with the driving of a motor vehicle may be used as evidence without any proof of signature at the hearing of the charge.

Notwithstanding any other written law to the contrary, any statement made by any person to any police officer that a motor vehicle was on a particular occasion being driven by or belonged to that person or that it belonged to a firm in which such person also stated that he was a partner or to a corporation of which such person stated that he was a director, officer or employee shall be admissible in evidence without any proof of signature for the purpose of determining by whom such motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.

Any person who is guilty of an offence under subsection (1)

Any person who otherwise than with lawful authority or reasonable cause interferes with any motor vehicle or its accessories, or tampers with the brakes or any other part of its mechanism is guilty of an offence and liable on conviction to a fine of $8,000 and imprisonment for 18 months.

Any person, whether employed by the owner of such vehicle or not, who takes and drives away any motor vehicle without the consent of the owner thereof or other lawful authority is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for 3 years:

Any person leaving on any road a motor vehicle unattended with the engine running, or without having taken proper precautions to prevent the vehicle from moving or being moved during the absence of the driver is guilty of an offence.

Any person who —

fills petrol into any motor vehicle, while the engine of such vehicle is running, or while any light, other than an electric light, is alight on the vehicle; or

fills petrol into any public service vehicle while any passenger is within such vehicle, is guilty of an offence.

Any person guilty of an offence under this section is liable on conviction to a fine of $2,000 and, in the case of a second or subsequent conviction, to a fine of $4,000 and imprisonment for 6 months.

No competition or trial of speed involving the use of any vehicle shall take place on a road or other public place without the written approval of the Commissioner of Police.

Any such written approval may be made subject to such conditions to be specified therein as the Commissioner of Police may think fit to impose.

For the purpose of any duly approved competition or trial of speed, the Commissioner of Police may, by order published in the Gazette, regulate, restrict or prohibit to such extent and subject to such conditions or exceptions as may be specified therein, the use of a road or public place, or part thereof.

No such order shall be made, unless not less than 7 days before the making thereof, a notice of intention to make the order, specifying its general nature and describing alternative routes, if any, available for traffic, animals and pedestrians, has been published by the Commissioner of Police in one or more newspapers circulating in Brunei Darussalam.

So long as any order made under subsection (3) remains in force, a notice stating the effect of the order and describing any alternative routes available for traffic, animals and pedestrians shall be kept posted in a conspicuous manner at each end of the part of the road or public place to which the order relates and at the points at which it will be necessary for traffic, animals and pedestrians to diverge from the road or public place.

The cost of every such notice and publication shall be paid in advance to the Commissioner of Police by the person promoting the competition or trial of speed.

Any person who promotes or takes part in any competition or trial of speed without the written approval of the Commissioner of Police and any driver or person in charge of any vehicle used in or taking part in any such competition or trial of speed is guilty of an offence and liable on conviction to fine of not less than $1,000 and not more than $2,000 and imprisonment for 6 months and, in the case of a second or subsequent conviction, to a fine of not less than $2,000 and not more than $3,000 and imprisonment for 12 months.

Any police officer may arrest without a warrant any person committing an offence under subsection (7) and may seize and detain for the purpose of proceedings under this Act any vehicle used in or taking part in any competition or trial of speed without the written approval of the

On a conviction under subsection (7), the court shall order that the person convicted be disqualified from holding or obtaining a licence to drive any motor vehicle for such period not being less than 12 months from the date of such conviction as the court may think proper, unless the court for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise.

Where it is proved to the satisfaction of a court that a vehicle has been used in the commission of an offence under section 37A(7) and that the vehicle has been seized by the police, the court shall, on the written application of the Public Prosecutor, make an order for the forfeiture of the vehicle notwithstanding that no person may have been convicted of that offence.

An order for forfeiture or for the release of a vehicle liable to forfeiture under this section may be made by the court before which the prosecution with regard to an offence under section 37A(7) has been or will be held.

If there is no prosecution with regard to an offence under section 37A(7), the vehicle seized under subsection (8) of that section shall be forfeited at the expiry of one month from the date of the seizure unless a claim thereto is made before that date. Any person asserting that he is the owner of the vehicle may give written notice to the Commissioner of Police that he claims the vehicle.

Upon receipt of a notice under subsection (3), the Commissioner of Police may direct that the vehicle be released or may refer the matter by information to a magistrate.

The magistrate shall, on receipt of an information under subsection (4), or on the written application of the Public Prosecutor, hold an inquiry and proceed to determine the matter and shall, on proof that the vehicle was used in the commission of an offence under section 37A(7), order it to be forfeited, or may in the absence of such proof order its release.

No person shall, in any proceedings in any court in respect of the seizure of any vehicle seized in exercise or the purported exercise of any power conferred by this section, be entitled to the costs of such proceedings or to damages or any other relief, other than an order for the return of the vehicle, unless the seizure was made without reasonable or probable cause.

The Director or any person authorised by him may cause or permit traffic signs to be placed on or near any road.

Traffic signs shall be of such size, colour and type as may be prescribed, and after such signs have been prescribed, no traffic sign shall be placed on or near any road except under and in accordance with the provisions of this section:

The Director or any person authorised by him may at any time, by notice in writing, require the owner or occupier of any land on which there is any traffic sign which was placed there without authority, or any object which so closely resembles a traffic sign that it might reasonably be taken to be such a sign, to remove it, and, if any person fails to comply with such notice, the Director or any person authorised by him may effect the removal, doing as little damage as may be, and may recover from the owner or occupier thereof the expense incurred thereby as if the same were a civil debt due to the Government.

The Director and any person authorised by him may enter upon any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of the powers and duties conferred and imposed under this section.

In this Part, “traffic sign” includes all signals, warnings, signposts, direction posts, signs or other devices for the guidance or direction of persons using roads.

Where a police officer in uniform is for the time being engaged in regulation of traffic in a road, or where any traffic sign being a sign for regulating the movement of traffic or indicating the route to be followed by traffic and being of the prescribed size, colour and type has been lawfully placed on or near any road, any person who —

driving or propelling any vehicle neglects or refuses to stop the vehicle or to make it proceed in or keep to a particular line of traffic when directed to do so by the police officer in the execution of his duty; or

fails to conform to any direction of any police officer in the execution of his duty or to the indication given or necessarily implied by any such sign, is guilty of an offence and liable on conviction to a fine of not less than $600

For the purposes of this Act and of any regulations, rules and orders made thereunder, a traffic sign placed on or near a road is deemed to be of the prescribed size, colour and type, and to have been lawfully so placed, unless the contrary is proved.

if the person convicted holds a driving licence, suspend the licence for such time as the court thinks fit, or cancel the licence and declare the person convicted disqualified from obtaining another licence for a stated period, and, unless otherwise provided, shall

if the person convicted holds a driving licence or permit granted in any other country which is valid in Brunei Darussalam by virtue of any regulations made under this Act, suspend the validity of the licence or permit in Brunei Darussalam, either permanently or for such time as the court thinks fit, and declare the person convicted disqualified from obtaining a driving licence in Brunei Darussalam for a stated period, and unless otherwise provided shall endorse upon the licence or permit particulars of any order of the court made under this section, and also, whether such an order is made or not, particulars of the conviction;

if the person convicted does not hold a driving licence, declare him disqualified from obtaining a licence for a stated period;

order that the person convicted be disqualified from holding or obtaining a driving licence until he has, since the date of the order, passed a driving test or satisfied a licensing officer as to his fitness to hold a driving licence in accordance with section 19:

Any person who by virtue of a conviction or order under this Act is disqualified from holding or obtaining a driving licence may at any time after the expiration of 6 months from the date of the conviction or order, and from time to time, apply to the court before which he was convicted or by which the order was made, to remove the disqualification; and on any such application, the court may, if it thinks proper having regard to the character of the person disqualified and his conduct subsequent to the conviction or order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specified in the order, or refuse the application:

If the court orders a disqualification to be removed, the court shall cause particulars of the order to be endorsed on the licence, if any, previously held by the applicant, and the court shall in any case have power to order the applicant to pay the whole or any part of the costs of the application.

being disqualified from holding or obtaining a driving licence, applies for or obtains such licence;

being so disqualified, drives a motor vehicle on a road;

drives on a road a motor vehicle of a class or description which he is disqualified from driving; or

applies for or obtains a licence without disclosing that he has been refused such a licence, is guilty of an offence and liable on conviction for a contravention of paragraph (a), (b) or (c) to a fine of $6,000 and imprisonment for one year and for a contravention of paragraph (d), to a fine of $4,000 and imprisonment for 6 months.

If any person whose driving licence has been ordered to be endorsed, and who has not previously become entitled under the provisions of section 47 to have a licence issued to him free from endorsement, applies for or obtains a licence without giving particulars of the order, he is guilty of an offence and liable on conviction to a fine of $2,000 and imprisonment for 3 months.

Any licence so obtained shall be of no effect.

Notwithstanding anything in this Act, the Director may suspend or revoke a driving licence of a person for a period not exceeding 3 years if —

the person’s record (as kept by the Director) as a driver of motor vehicles or his conduct or habits as such driver establishes that it would not be in the interest of public safety for him to hold a driving licence; or

that such person in not competent to drive a motor vehicle.

For the purpose of establishing that it would not be in the interest of public safety for a person to hold a driving licence or that such person is not competent to drive a motor vehicle, the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations establishing a system of awarding points against a person for the commission of an offence against this Act or any regulations made thereunder.

The regulations made under subsection (2) shall specify the maximum number of points to be awarded against a person before it may be established that it would not be in the interests of public safety for him to hold a driving licence or that such person is not competent to drive a motor vehicle.

The power conferred upon the Director by this section to suspend or revoke the driving licence of a person may be exercised at such time after the maximum number of points, referred to in subsection (3), has been awarded against such person as the Director thinks fit.

Where the points awarded against a person under the regulations made under subsection (2) reach 50 per cent of the maximum number at which the Director may suspend or revoke the driving licence of such person under this section, the Director shall give notice thereof in writing to the person.

Where a person is disqualified by an order of a court from holding or obtaining a driving licence for such period of time as may be specified in the order, every point awarded against him under the regulations made under subsection (2) shall thereupon be cancelled after 24 months with clean driving records.

Where a holder of a driving licence commits on a single occasion more than one offence under this Act or any regulations made thereunder, points shall be awarded against him only for the offence committed by him and in respect of which the largest number of points may be awarded against a person.

In addition to the power conferred on the Director by subsection (1), if a person who holds a driving licence —

fails to comply with any process of court issued against him in respect of any offence committed by him under this Act, any regulations made thereunder or any written law specified in

is arrested under a warrant of court in connection with an offence against this Act, any regulations made thereunder or any written law specified in Schedule 3 and the offence has not been tried and determined by the court, the Director may, as he thinks fit, suspend or revoke the driving licence held by that person until he is satisfied that that person has complied with the process of court referred to in paragraph (a) or until the offence referred to in paragraph (b) has been tried and determined by the court, as the case may be.

The Director shall, before suspending or revoking a driving licence of a person under section 47A, give the person concerned notice in writing, of his intention to do so —

specifying a date, not less than 30 days after the date of the notice, upon which such suspension or revocation shall be made; and

calling upon the person to show cause to the Director why such driving licence should not be suspended or revoked.

Upon the person failing to show cause within the period referred to in subsection (1) and if the Director decides to suspend or revoke the driving licence of such person under section 47A, the Director shall immediately inform the person by notice in writing, of the suspension or revocation.

A person may, within —

30 days of the receipt of the notice referred to in subsection (2); or

such extended period of time as the Director may allow, appeal in writing against the suspension or revocation to the Director whose decision shall be final.

An order of suspension or revocation under section 47A shall not take effect until the expiration of a period of 30 days after the Director has informed the person concerned of the order.

If within that period the person concerned appeals to the

The Director shall, upon suspending or revoking a driving licence under section 47A, require the licence to be surrendered to and retained by him.

Any person whose driving licence has been suspended under section 47A shall immediately surrender the driving licence to the Director.

At the end of a period of suspension, a driving licence surrendered to the Director under subsection (2) shall be returned to the holder thereof, and in the case only of a driving licence suspended under section 47A(1), the points awarded against him shall be cancelled after 24 months with clean driving records.

Any person whose driving licence has been suspended or revoked under section 47A shall not during the period of suspension or revocation drive a motor vehicle on a road under any other driving licence issued by any authority or otherwise.

Any person who drives a motor vehicle on a road when his driving licence is suspended or revoked under section 47A is guilty of an offence and liable on conviction to a fine of not less than $600 and not exceeding $5,000, imprisonment for a term not exceeding one year or both and, in the case of a second or subsequent conviction, to a fine of not less than $600 and not exceeding $10,000, imprisonment for a term not exceeding 3 years or both.

If any person —

who is disqualified from holding or obtaining a driving licence; or

whose driving licence is suspended under the provisions of this Act, drives while he is so disqualified or his licence is under suspension and causes death or serious injury to any other person and is charged for an offence under this Act, the disqualification or suspension shall continue until that offence has been tried and determined by a court.

In subsection (1), “serious injury” means any injury which causes a person to be during a period of 7 days in severe bodily pain or unable to follow his ordinary pursuits.

Where any provision of this Act empowers —

a court to order that a person be disqualified from holding or obtaining a driving licence; or

the Director to suspend or revoke a driving licence of any person, such provision shall, in relation to a foreign tourist, be read as empowering the court or the Director to make a prohibition order which prohibits such foreign tourist from driving any motor vehicle in Brunei Darussalam for the same period for which the court or the Director may, by virtue of that provision, disqualify any person from holding or obtaining a driving licence or suspend or revoke the driving licence of any person, as the case may be.

Any other provision of this Act which relates or which makes reference to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences, including any provision which provides for the punishment of any offence committed by a person who has been disqualified from holding or obtaining a driving licence or whose driving licence has been suspended or revoked, shall, in relation to a foreign tourist, be read as if every reference in that

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations for modifying, in such manner as he may consider necessary, any of the provisions of this Act which relates or refers to the disqualification of persons from holding or obtaining a driving licence or to the suspension or revocation of driving licences in order that such provision may appropriately apply in relation to a foreign tourist against whom a prohibition order has been made under this section.

There shall be established a Motor Transport Licensing

the Director, who shall be the chairman;

the Commissioner of Police;

the Director General of Public Works; and

one other official and not less than four unofficial members

His Majesty the Sultan and Yang Di-Pertuan may appoint a person to be secretary to the Licensing Authority.

The Director may, in his absence from any meeting, be represented by a public officer appointed by him in writing on that behalf;

on his appointment, declare in writing to His Majesty the

after his appointment, declare in writing to His Majesty the

An appointed member of the Licensing Authority shall become disqualified to retain office, if he is absent from four consecutive meetings of the Licensing Authority without the leave of the chairman.

If an application for a franchise or public service vehicle licence is made, or if objection to an application for such franchise or licence is made, by or on behalf of an appointed member or the person employing him, or any transport undertaking operating in Brunei Darussalam in which an appointed member of the person employing him has any financial interest, the appointed member shall be disqualified from sitting or voting at the hearing of such application by the Licensing Authority.

Every appointed member shall, subject to subsection (2), hold office for 3 years and shall be eligible for re-appointment to the Licensing

His Majesty the Sultan and Yang Di-Pertuan may at any time remove any appointed member of the Licensing Authority from his office.

If an appointed member of the Licensing Authority is removed from, or ceases to hold, his office under this section, or dies or resigns before the expiry of the period for which he was appointed, his place shall be filled by a person appointed by His Majesty the Sultan and Yang Di-Pertuan for the remainder of the period for which such appointed member would otherwise have held office.

Where any appointed member is temporarily absent from

At all meetings of the Licensing Authority, the chairman together with three other members of the Licensing Authority shall form a quorum.

Meetings of the Licensing Authority shall be held at such times and places as the chairman may determine.

The chairman shall have a deliberative vote and in the case of equality of votes shall also have a casting vote. A decision of the majority of the members present at a meeting of the Licensing Authority is deemed to be the decision of the Licensing Authority.

The Licensing Authority shall conduct its business in accordance with such procedures as may be prescribed:

All licences or franchises issued under this Part and all communications from the Licensing Authority shall be under the hand of the chairman or secretary or some other person duly authorised by the

The chairman shall submit to the Minister an annual report of the proceedings of the Licensing Authority, and such report shall contain particulars with respect to such matters as the Minister may direct.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order signified in the Gazette, establish district

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order signified in the Gazette, empower such district Licensing Authorities to carry out, under the general directions of the

In any area for which a district Licensing Authority has been established, all applications for franchises or for public service vehicle licences, or for such class or classes of licences as the district Licensing

Notwithstanding anything in this section, the powers of the

Subject to the provision of this Part, no person shall on any road in any regulated area, use a motor vehicle, or cause or permit a motor vehicle to be used, as a public service vehicle unless there is in force, in respect of such vehicle, a valid licence granted under this Part authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto; and if he does so he is guilty of an offence and liable on conviction to a fine of $10,000 and imprisonment for 6 months:

On a conviction under subsection (1), the court shall order —

particulars of such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted; and, either

that if the person convicted holds a driving licence, his driving licence shall be suspended for such period not being less than 12 months from the date of such conviction as the court may think proper unless the court for special reasons (which shall be set out in the order of the court) thinks fit to order otherwise; or

that if the person convicted does not hold a driving licence, shall declare him disqualified from obtaining a licence for a period not being less than 12 months from the date of such conviction.

Where a public service vehicle is being used on any road in any regulated area, the driver of the vehicle, if it belongs to him or is in his possession under the agreement for hire, hire-purchase or loan, and in any other case the person whose agent or servant the driver is, shall for the purposes of this Act be deemed to be the person by whom the vehicle is being used.

Where at any time passengers or goods are carried in a public service vehicle which has been let on hire by the person who at the time of the carriage of the passengers or goods is within the meaning of this Act the user of the vehicle, the passengers or goods are deemed to be carried by that person for hire or reward:

the user of a vehicle shall not be convicted of an offence under section 56 if he proves to the satisfaction of the court that no act or omission on his part conduced to the commission of the offence; and

in such case, the driver or other person responsible for the commission of the offence may be convicted of the offence as though he were the user of the vehicle.

the use of a vehicle for the purpose of funerals;

the use of a vehicle employed by or with the authority of a local authority or of any person empowered to exercise the powers of a local authority for road cleansing, road watering, or the collection or disposal of refuse or night soil;

the use of a vehicle for towing a disabled motor vehicle or for removing goods from a disabled vehicle to a place of safety;

any vehicle owned by the Government;

any vehicle hired by a public officer for use in the execution of his duties, for such time as it is so hired.

Public service vehicle licences shall be issued in respect of —

stage carriages;

motor omnibuses;

contract carriages;

taxicabs;

goods service vehicles;

such classes or description of public service vehicle as may be prescribed.

A person who is a holder of a stage carriage licence may, subject and without prejudice to the conditions of any such licence and, if the stage carriage is subject to or regulated by a franchise, without prejudice to the conditions of any such franchise, use such vehicle as a contract carriage.

Subject to any contrary direction in any regulations made under this Act, the Licensing Authority may in its discretion grant a goods service vehicle licence in respect of the same vehicle or vehicles in respect of which a public service vehicle licence to carry passengers has or is about to be issued.

Except where application for a public service vehicle licence entails also application for a franchise, application shall be made to the

Where such application entails also application for a franchise, the applicant may, in lieu of applying in the prescribed manner, apply to the authority which has authority to grant the franchise indicating whether or not he desires a public service vehicle licence in respect of any vehicle if the

Subject to the provisions of section 59(2), every licence granted under this Part shall, unless previously revoked or suspended, remain in force for one year from the date upon which it is issued.

Notwithstanding anything contained in this Part, with a view to enabling public service vehicles to be used temporarily —

for the purpose of a seasonal business;

for the purpose of the execution of a particular piece of work; or

for any other purpose of limited duration, a licence and if necessary a franchise may be granted for a period of less than one year, but not less than 3 months.

It is hereby declared that nothing in this Part is to be treated as conferring on the holder of a franchise or licence any right to the continuance after the expiration thereof, of any benefits arising from the provisions of this

The grant of a franchise or licence under this Part shall not relieve the holder from complying with the provisions of any written law in force in respect of motor vehicles.

Contemporaneously with or any time subsequent to the making of an order under section 48, the Licensing Authority may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by declaration published in the Gazette declare —

the franchise or franchises in respect of which applications may be made to the Licensing Authority, and the time within which such applications shall be made;

the premium, royalty, fee or other consideration which will become payable under the terms of any such franchise; and

such of the terms and conditions under which it is proposed that the franchise shall be granted as to which the Licensing

The Licensing Authority may either in such declaration or, subject to such regulations as may be prescribed therefor in such other manner as it deems appropriate, stipulate the form and manner in which any application is to be made and the particulars and information to be supplied in connection therewith.

The Licensing Authority, subject to the provisions of this section and section 67, upon application under section 63, may grant or refuse any franchise:

no franchise shall be granted for a period exceeding 7 years, and shall in any case not exceed such period, if any, as may be prescribed for a franchise of a particular class or description;

the Licensing Authority shall not without the consent of

if it proposes to grant a franchise, the Licensing Authority shall first announce by notice published in the Gazette that the grant

if any objection is made within due time, being an objection which the Licensing Authority is bound to take into consideration under subsection (2), the Licensing Authority shall hold a public inquiry consistent with the rules of natural justice or, if a specific procedure is prescribed, then in accordance therewith;

if the Licensing Authority refuses any application for a franchise, it shall inform the applicant accordingly and also of his right of appeal under section 70.

It shall be the duty of the Licensing Authority on any application to which subsection (1) applies to take into consideration any objection to the application which may be made —

by any local authority having jurisdiction in and by any person resident in the regulated area; or

by persons who are already providing facilities (whether by means of road transport or any other kind of transport) for the carriage of passengers for hire or reward in such regulated area, on the ground that —

suitable transport facilities exist for the route in respect of which it is proposed to grant the franchise;

if the franchise were granted, transport facilities for such route would be in excess of requirements;

the applicant has failed to comply with the terms of a franchise held by him;

the Licensing Authority has not exercised its discretion in accordance with the provisions of section 67; or

it is not necessary or desirable in the public interest —

to grant the franchise; or

if the franchise is to be granted to grant such franchise to the applicant.

This section applies to every application for a short term franchise as provided by section 60(2), unless the Licensing Authority is of the opinion either —

that, having regard to the trivial nature of the application, it is not necessary that any opportunity should be given for objecting;

that the application has been made with reasonable expedition and that the demand for the use of the vehicle to be authorised under the franchise is so urgent as to render compliance with the requirements of this section impracticable or inexpedient.

Where, as provided for in this section, any person objects to the grant of a franchise, the burden of satisfying the Licensing Authority that such objection is well founded shall lie upon such person.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations apply the provisions of this section to any class or description of public service vehicle in addition to a stage carriage.

The Licensing Authority shall from time to time hold meetings for the purpose of considering applications to which section 64 applies and any objections duly made to such applications.

At any such meeting, the chairman may by writing under his hand require the attendance of any applicant or objection, and similarly may require any other person to attend who, in the opinion of the chairman, is able to furnish information or produce documents likely to be of assistance to the Licensing Authority.

the extent to which the proposed service is necessary or desirable in the public interest;

the maintenance of efficient transport services in a regulated area;

the suitability of the roads on which a service is intended to be provided;

the extent, if any, to which the transport needs of the proposed routes or areas or any of them are already served;

the financial ability of the applicant to provide the proposed service, and whether the applicant is resident and carrying on business in Brunei Darussalam and whether the greater part of the capital required for operation is derived or to be derived from persons resident or operating in Brunei Darussalam;

the proposals of the applicant as to —

the maximum and minimum charges for the carriage of goods and passengers;

the class or classes of goods to be carried;

the number and type of vehicles proposed to be used and the specifications thereof;

the facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs and overhaul of vehicles;

the conditions of service of employees of the applicant;

the public purposes (if any) to which profits to be derived from the proposed service are to be applied.

The Licensing Authority may from time to time, after such notice to the holder of any franchise as it may think proper, vary or add to the terms and conditions attached thereto.

A franchise or licence granted under this Part may, after such notice to the holder thereof as the Licensing Authority may think proper, be revoked or suspended at any time by the Licensing Authority on the ground that any of the terms or conditions of the franchise or licence have not been complied with, or by reason of the fact that the holder of the franchise or licence has been convicted of an offence under this Act or any regulations made thereunder, or under any other Act relating to motor vehicles.

The Licensing Authority may, in lieu of revoking or suspending a franchise, direct that any one or more of the vehicles to which the franchise relates shall be removed therefrom, or that the maximum number of vehicles to which the franchise relates shall be reduced and references in this or any other section of this Act to the revocation or suspension of a franchise shall be construed as including a reference to the giving of a direction made under this subsection.

On the application of the holder of a franchise, the Licensing

The foregoing provisions of this Part as to applications for franchise, as to the grant or refusal thereof, and as to the attaching of terms and conditions thereto, apply in relation to the variation of any such franchise:

Where it comes to the knowledge of the Licensing Authority that a vehicle specified in a franchise has ceased to be used under the franchise for any reason other than a fluctuation in business, or is specified in another franchise, the Licensing Authority may vary the franchise by directing that the vehicle shall be removed from the franchise.

Any person who —

being an applicant for the grant, renewal or variation of a franchise or licence to which this Part applies, is aggrieved by the decision of the Licensing Authority or a district Licensing Authority on the application;

having duly made an objection to any such application, being an objection which the Licensing Authority or a district

being the holder of a franchise or licence to which this Part applies, is aggrieved by a decision of the Licensing Authority or a district Licensing Authority to vary, revoke or suspend such licence, may, within 21 days of such decision, appeal to His Majesty the Sultan and

Without prejudice to any power from time to time conferred upon His Majesty the Sultan and Yang Di-Pertuan in Council by any written law, it shall be lawful for His Majesty the Sultan and Yang Di-Pertuan in

in any case in which the Licensing Authority has held a public inquiry under section 64(1)(d) to direct the Licensing

in any case in which section 63 has been complied with, to direct the Licensing Authority to proceed under section 64, in which event it shall not be necessary or proper to comply anew with section 63; and

to permit any person who may be prejudiced by the result of any appeal to appear before His Majesty the Sultan and Yang

It shall be the duty of the holder of a public service vehicle licence to report forthwith in writing to the Director any failure or damage to the vehicle subject to the licence of a nature calculated to affect the safety of passengers or of persons using the road.

It shall be the duty of the holder of a public service vehicle licence on any material alteration (other than by way of replacement of parts)

Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on conviction to a fine of $4,000 and imprisonment for 3 months.

The maximum number of passengers allowed to be carried at any one time in a vehicle used under a licence issued under paragraphs (a)

For the purposes of subsection (1), a child under 5 years of age and not occupying a seat shall not be counted as a person, and three children over 5 years of age and under 10 years of age shall be counted as two persons.

If there is found in any public service vehicle more passengers than the vehicle is permitted to carry, then the driver of the vehicle and the conductor of the vehicle, if any, is guilty of an offence and liable on conviction to a fine of $2,000 and imprisonment for one month.

Any person who, on being required by the conductor or driver of a public service vehicle not to enter the vehicle or to leave such vehicle, enters or attempts to enter, or fails to leave such vehicle, when it is carrying without counting the passenger who has been so required the full number of passengers which it is permitted to carry is guilty of an offence and liable on conviction to a fine of $2,000 and imprisonment for one month.

Any motor vehicle in respect of which there is reasonable cause to suspect that there has been committed any offence under section 56 may be seized by a police officer not below the rank of Assistant Superintendent.

When a motor vehicle has been seized under subsection (1), a police officer not below the rank of Assistant Superintendent may, at his

If there is no prosecution with regard to any motor vehicle seized under subsection (1), such vehicle shall, unless it has sooner been released, be released at the expiration of one month from the date of seizure.

any conveyance of persons or goods in a motor vehicle was for hire or reward;

the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them;

a vehicle is not a vehicle is relation to which any licence under Part 7 has been issued;

any person is not the holder of a licence issued under the provisions of Part 7 in respect of a motor vehicle;

any person is the owner of a motor vehicle; and

any person is the holder of a licence under Part 7.

No public service vehicle or heavy vehicle shall be used on any road in any regulated area unless there is in force in respect of such vehicle a valid certificate (hereinafter called a certificate of fitness) issued by an

A certificate of fitness shall state that the vehicle in respect of which it is issued complies with any conditions as to fitness prescribed at the time of the issue thereof and that the vehicle is in all respects fit for the purpose for which it is to be used.

For the purposes of this section, a certificate of fitness shall be valid for such period not exceeding 2 years from the date of issue thereof as the examiner may approve.

Such fees as may be prescribed shall be charged for an examination for a certificate of fitness.

(a) Any licensing officer within any regulated area in which a public service vehicle or heavy vehicle is being used, who has reason to believe that any such vehicle has ceased to be fit for the purpose for which it is being used, may order that the vehicle be produced for examination by an examiner at a specified time and place, and if such order is not obeyed, the licensing officer may at his discretion prohibit the use of the vehicle until the order is obeyed.

If, on examination the public service vehicle or heavy vehicle is found to be unfit for the purpose for which it is being used, the licensing officer shall prohibit the use of the vehicle until all necessary repairs, adjustments or alterations have been effected to the satisfaction of the examiner.

Wherever an examiner finds a public service vehicle or heavy vehicle in any regulated area unfit for use by reason of remediable defects, he shall upon his examination thereof make a full list in writing of all such defects and shall give the owner of the vehicle a copy thereof; and if all such defects are subsequently remedied to the satisfaction of the examiner, he shall issue a certificate of fitness:

Wherever an examiner finds a public service or heavy vehicle in any regulated area to be unfit by reason of irremediable defects, he shall inform the Director accordingly and the owner shall not, without the written consent of the Director, apply to have the vehicle examined by any other examiner.

An examiner shall at any time on production, if so required, of his authority, be entitled to enter and inspect any public service or heavy vehicle, and for that purpose may require any such vehicle to be stopped, and may at any time which is reasonable, having regard to the circumstances of the case, enter any premises upon which he has reason to believe that any public service or heavy vehicle is kept.

If, upon any inspection made under the subsection (8), an examiner is satisfied that it is necessary to do so, he may, notwithstanding the provisions of subsection (3), order that the vehicle be taken off the road forthwith, or may issue such directions restricting the use of the vehicle as he may think fit, and the examiner shall forthwith notify the Director of any such order or directions.

The decision of an examiner that a public service or heavy vehicle is fit for use shall be final. His decision that any such vehicle is unfit for use or should be subjected to restrictions affecting such use, shall, if any person aggrieved thereby so requires, be subject to confirmation by the

Any person who —

causes or permits the use of any vehicle while a prohibition imposed under subsection (5) is in force;

obstructs any examiner in the course of his duty; or

fails to comply with any order or direction given to him under subsection (9) or (10), is guilty of an offence and liable on conviction to a fine of $4,000 and imprisonment for 3 months.

prohibit absolutely or on certain roads or ports thereof the use of any particular description of vehicle which in his opinion is likely to cause excessive wear and tear of the road, or be dangerous or inconvenient to the public;

prohibit or restrict the use of any vehicle or any class of vehicle on any specified road within any area, either generally or during particular hours;

authorise the maintenance in force for any period not exceeding 3 months of any order made under section 78; or

generally restrict or regulate the use of vehicles in such manner as circumstances may appear to require.

Without prejudice to the duties imposed on the constabulary under the Royal Brunei Police Force Act (Chapter 50) and to section 188 of the Penal Code (Chapter 22), the competent authority may when such authority considers that such action is necessary or expedient —

to prevent danger to the public;

to prevent damage to or obstruction of any road; or

to maintain order or control traffic, by order posted in a conspicuous manner and in such other manner as to such authority appears to be calculated to bring the same to the knowledge of persons likely to be affected thereby, control the use of any road or part thereof by traffic or by any description of traffic and without prejudice to the generality of the foregoing may appoint the routes entrances and exits by which traffic or any description thereof shall proceed on any particular occasion or approach and depart from any public place and appoint places

The competent authority shall be the Commissioner of Police and such other persons specified by name or office as the Commissioner of

Without prejudice to the provisions of section 77, no order made under subsection (1) shall remain in force for more than 14 days from the date of the making thereof.

The Commissioner of Police may issue orders, prescribing the routes, entrances and exits by which traffic shall approach or leave any place of assembly or public resort, and prescribing where and the order in which vehicles shall park while waiting at such places.

An order issued under this section may prescribe a parking place upon land in private ownership if the owner or occupier of such land consents.

The Commissioner of Police may, with the consent of the owner or occupier of any place of assembly or public resort, authorise any police officer in uniform to regulate the movement of traffic in such place.

Any person who —

contravenes or fails to comply with an order made under this section; or

neglects or refuses to stop his vehicle or to make it proceed in or keep to a particular line to traffic or neglects or refuses himself to proceed in or keep to a particular line of traffic when directed to do so by a police officer authorised under this section to regulate traffic, is guilty of an offence.

Orders issued under this section shall be published in the Gazette and may be published in such other manner as the Commissioner of Police may think fit.

Wherever the Director General of Public Works or any local authority responsible for the maintenance of any road considers that such road or any part thereof —

is unfit for use by any vehicle or class or description of vehicle; or

is required for the purposes of construction, repair or reconstruction works, the Director General of Public Works or the local authority or any person authorised by the Director General of Public Works or the authority may by notice posted in a conspicuous manner at each end of such road prohibit any vehicle or class or description of vehicle from using such road for any period not exceeding 3 months.

Wherever the Director General of Public Works or any local authority responsible for the maintenance of any bridge is satisfied that any bridge over which a road passes is insufficient to carry vehicles of which the gross weights or dimensions exceed certain limits, the Director General of

of which the gross weight exceeds a maximum weight specified in the notice;

of which the dimensions exceeds any maximum dimensions specified in the notice;

at a speed in excess of any maximum speed specified in the notice.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make orders for the imposition of a toll on vehicles using any road, and any such orders shall specify the nature, amount, rate and the manner of payment of any such toll.

Such orders may provide for different amounts and rates of toll for different types and categories of vehicle.

The Minister may exempt any vehicle or class of vehicle from the provisions of subsection (2) on such conditions as he may impose.

In this section, “toll” includes any levy, due or other charge to be paid to the Government for using the road.

Where any structure has been erected or set up on or over any road or any road reserve otherwise than under the authority of any written law, the Director General of Public Works may, by notice in writing, require the person having control or possession of that structure to remove it within such period as may be specified in the notice or within such extended period as the Director General of Public Works may allow.

If any structure in respect of which a notice has been served under this section is not removed, the Director General of Public Works may remove the structure:

Notwithstanding subsections (1) and (2), where there is a likelihood of immediate danger to traffic arising from any structure, the

Where any structure has been removed by the Director General of Public Works under this section, and the expenses of the removal and detention of the structure have not been paid within one week after the date of such removal, the Director General of Public Works may, after giving one month’s notice in writing to the person having control or possession of the structure immediately before such removal, sell by public auction or otherwise dispose of such structure; and any proceeds from such sale or disposal shall be applied in payment of the expenses of such removal and detention and any surplus shall be paid to the person having the control or possession of the structure immediately before such removal or shall, if not claimed by such person within 3 months after the date of the sale or disposal, be forfeited to the Government.

Nothing in subsection (4) shall prohibit —

the disposal, as the Director General of Public Works may consider necessary, of any food or other perishable goods removed together with the structure, and any proceeds from any such disposal shall be applied in the manner provided in that subsection; and

the recovery as a civil debt of the whole or part of the expenses of removal and detention from the person having the control or possession of the structure immediately before such removal.

Notice under subsection (1) may be served either personally, by post or by affixing it to the structure to which the notice relates.

In this section, “structure” includes any machine, pump, post and any other such object as is capable of causing obstruction or of endangering traffic.

No person shall —

construct any access road (including paths, driveways or other means of access, whether public or private) to join any road;

construct a drain to join a drain constructed alongside a road; or

carry out any works of any description in, upon, over or under any road, unless plans containing details of the layout thereof have been approved by the Director General of Public Works, who may refuse such application or allow it on such conditions as he may impose.

Where in the opinion of the Director General of Public Works there is —

a likelihood of danger to traffic;

any flooding, interference or obstruction; or

any failure to comply with any condition imposed under subsection (1), in the course of or arising from any works referred to in subsection (1), the

Subject to subsection (6), the Director General of Public Works may, by notice published in the Gazette, require the closure or diversion of or alterations to be made to any access road (whether constructed before or after 18th July 2002, being the commencement of the Road Traffic Act

Where any action has been taken by the Director General of

Where any works under subsection (1) have been executed and it is found that they were executed for the purpose of making a direct connection of any public utility to any premises or for joining a drain to one constructed alongside a road for the purpose of drainage of the land on which the first-mentioned drain was constructed, the occupier of such premises or land is deemed to be the person carrying out the works for the purpose of this section.

Where as a result of a notice gazetted by the Director General of

Any person who contravenes subsection (1) or who fails to comply with any conditions imposed under that subsection is guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding one year or both:

The Director General of Public Works may give directions to regulate and control the carrying out or construction of any of the works referred to in subsection (1).

Any person who contravenes the provisions of any order made under section 77 or 78 or of any notice posted under the provisions of section 79, or who removes, injures or tampers with any order or notice made or posted under the provisions of section 78 or 79, is guilty of an offence and liable on conviction to a fine of $2,000 and imprisonment for one month.

For the purposes of sections 78 and 79, an order or notice posted in a conspicuous manner on or near any road or bridge and purporting to have been placed by or in pursuance of the competent or appropriate authority is deemed to have been lawfully posted, unless the contrary is proved.

Crossings for pedestrians may be established on roads, on subways constructed under roads, or on bridges constructed over roads, in accordance with this section.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations with respect to the precedence of vehicles and pedestrians respectively and generally with respect to the movement of traffic (including pedestrians) at and in the vicinity of crossings.

Without prejudice to the generality of subsection (2), regulations made thereunder may be made prohibiting pedestrian traffic on the roadway within 100 metres of a crossing and with respect to the indication of the limits of a crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

Different regulations may be made under this section in relation to different conditions and, in particular, different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and to traffic which is controlled by a police officer or by traffic signals or different kinds of traffic signals, and which is not controlled.

Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

Any person who contravenes any of the regulations made under this section is guilty of an offence and liable on conviction —

if the offence was committed by him in his capacity as the driver of a vehicle, to a fine of $1,000 or imprisonment for 3 months and, in the case of a second and subsequent offence, to a fine of $2,000 or imprisonment for 6 months;

in any other case, to a fine of $500.

In this section, “crossings” means crossings for pedestrians referred to in subsection (1).

Any police officer or any examiner appointed under section 3

Any person who fails when demand is so made to produce any such licence, registration book or public service vehicle licence, shall, unless within 5 days thereafter he produces such licence, registration book or public service vehicle licence at a police station and explains to the police officer in charge thereof that the licence, registration book or public service vehicle licence is produced in compliance with the demand of a police officer, and names the place where such demand was made, is guilty of an offence and liable on conviction to a fine of $2,500.

A police officer in uniform, having reasonable grounds for believing that any person, not being the driver of a motor vehicle, has committed an offence under this Act or any regulations made thereunder, may stop and arrest such person without a warrant:

A police officer may detain any bicycle or tricycle in respect of which an offence has been committed within his view.

A police officer in uniform may stop any motor vehicle the driver of which has committed or is suspected of having committed an offence under this Act or any regulations made thereunder.

Any person driving a motor vehicle shall stop the motor vehicle on being so required by a police officer in uniform, and if he fails to do so he is guilty of an offence.

A police officer in uniform may, except as provided in this section, arrest without a warrant any person in charge of or driving a motor vehicle who has committed or is suspected of having committed an offence under this Act or any regulations made thereunder.

The power of arrest under subsection (5) shall not be exercised if —

such person on the demand of the police officer produces his driving licence to enable the police officer to ascertain his name and address, the date of issue and the authority by which it was issued; or

such person, not being a paid driver, or the driver of motor vehicle used for the carriage of passengers for hire or reward or for the carriage of goods, gives the police officer his name and address in

The Director or any person authorised in writing by him in that behalf on production of such authority, and any police officer, may stop any vehicle other than a motor vehicle, and any police officer in uniform may stop any motor vehicle, for the purpose of examining the licence of any such vehicle and the person driving the vehicle shall stop it on being so required by the Director or such officer or police officer, and if he fails to do so he is guilty of an offence.

Any police officer in uniform may, when exercising any of the powers conferred by subsection (3), (5) or (7), require any person, who appears to him to be or to have been a passenger in the motor vehicle in relation to which he is exercising those powers, to furnish to him his name and address.

When any person referred to in subsection (8) refuses to furnish his name and address, he may be arrested by the police officer in order that his name and address may be ascertained, and he shall, within 24 hours of the arrest, be taken before a court, unless before that time his name and address have been ascertained, in which case he shall forthwith be released on his

When any person is taken before a court under subsection (9), the court shall require him to execute a bond with or without a surety for his appearance before it, if so required.

The competent authority may make rules to provide for the removal from roads and the safe custody of vehicles (including any loads carried thereby) which have broken down, or which have been permitted to remain at rest on a road in such a position or condition or in such circumstances as to be likely to cause danger to traffic using the road, or which appear to have been abandoned.

The competent authority may detain any vehicle so removed until the expenses of removal and charges for detention have been paid, and any such vehicle shall remain at the risk of the owner thereof until such expenses and charges have been paid.

If any vehicle so detained has not been claimed by the owner within 3 months from the date of detention, the competent authority may after due notice published in the Gazette and after giving not less than one month’s notice in writing to the owner (if the name and address of such person is known to the authority) sell by public auction or otherwise dispose of such vehicle.

Any proceeds from the sale or disposal of any vehicle so detained shall be applied in payment of any charges incurred in carrying out the provisions of this section and any surplus shall be paid to the owner of the vehicle or, if such person cannot be traced or fails to claim such surplus within 12 months from the date of such sale or disposal, shall be forfeited to the Government.

In this section, “competent authority” has the same meaning as in section 78(2).

A police officer may, for the purpose of examining any vehicle in respect of which he has reason to believe that an offence under this Act

Any police officer in conducting an investigation into any seizable offence in connection with which a vehicle is suspected to be concerned may enter any place to search for and examine such vehicle.

If any person obstructs a police officer in the exercise of his powers under this section, that person is guilty of an offence.

Subject to this Act, it shall be lawful for any police officer authorised in writing in that behalf by the Commissioner of Police to require the person in charge of any motor vehicle to allow it or any trailer drawn thereby to be weighed either laden or unladen and the weight transmitted to the road by any part of the motor vehicle laden or unladen in contact with the road to be tested and for the purpose forthwith to proceed to a weighbridge or other machine for weighing vehicles, and if any person in charge of a motor vehicle refuses or neglects to comply with any such requirement, he is guilty of an offence.

Subject to this Act, it shall be lawful for any police officer so authorised to require the person in charge of a motor vehicle to unload it or any trailer drawn thereby for the purpose of being weighed unladen.

Where a motor vehicle or trailer is weighed under this section, a certificate of weight shall be given to the person in charge of the motor vehicle by the officer who required it to be weighed.

When a person is found or is reasonably believed to be using a vehicle in contravention of any provision of this Act or of any subsidiary legislation, order or prohibition made thereunder, or in contravention of the terms of the licence for the vehicle, any police officer, the Director, and any

Any unauthorised person removing or causing any such vehicle to be removed from that place pending the order of a magistrate, the

If the owner of the vehicle is convicted of or has been permitted to compound an offence under this Act or under any subsidiary legislation made thereunder, the expenses incurred by the Commissioner of Police, police officer, Director or other authorised person in carrying out the provision of this section, shall be recoverable by or on behalf of the

When any vehicle is detained under this section, the

The proceeds, if any, from such sale or disposal shall be applied in payment of any licence fees which may be due in respect of the vehicle and of any charges incurred in carrying out the provisions of this section and thereafter shall be applied in any damage caused to property of the

Every police officer when acting against any person under this

Any person who refuses to comply with any request, demand or order made by a police officer not in uniform who had declared his office and produced his identification card on any demand being made by him is guilty of an offence.

In addition to the powers conferred by this Act, any police officer in uniform may at any time —

require the driver of any vehicle to stop such vehicle;

require the driver of any vehicle to furnish his name and address and give any other particulars required as to his identification;

require any person in any motor vehicle to furnish his name and address and give any other particulars required as to his identification and to give such information as it is in his power to give and may lead to the identification of the driver or owner of such vehicle;

inspect the brakes or any part of any vehicle or the equipment thereof with a view to ascertaining whether the same complies with the provisions of any regulations made under this Act;

ascertain the dimensions of any motor vehicle or the laden weight or the net weight thereof, and for this purpose require any persons or goods to be removed from such vehicle;

drive any motor vehicle when necessary in the execution of his duties:

Whenever the driver of any vehicle is alleged to be guilty of an offence under this Act —

the owner of the vehicle shall give such information as he may be required by a police officer to give as to the identity of the driver and, if he fails to do so, is guilty of an offence, unless he shows to the satisfaction of the court that he did not know and could not with reasonable diligence have ascertained who the driver was; and

any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the driver, and, if he fails to do so he is guilty of an offence.

Any person who fails to comply with a requirement lawfully made under subsection (1) or (2) is guilty of an offence and liable on conviction to a fine of $2,000 and imprisonment for 3 months.

In addition to any liability imposed by the common law upon the owner of a motor vehicle for any injury or damage that may be caused by, or by reason of the use of such motor vehicle, such owner shall be liable for any injury or damage caused by any accident which occurs through the negligent driving of such motor vehicle by any person employed by him as a driver of such motor vehicle when not acting within the scope of his employment, or by any other person permitted by him to drive such vehicle, or by any person deputed or permitted by such driver or other person to drive such motor vehicle:

any vehicle is used which contravenes the provisions of this

any vehicle is used in such a state or condition or in such manner as to contravene any such provision; or

anything is done or omitted in connection with a vehicle in contravention of any such provisions, then, unless otherwise expressly provided by this Act —

the driver of the vehicle at the time of the offence is guilty of an offence, unless the offence was not due to any act, omission, neglect or default on his part; and

owner of the vehicle is also guilty of an offence, if present at the time of the offence, or, if absent, unless the offence was committed without his consent and was not due to any act or omission on his part, and he had taken all reasonable precautions to prevent an offence.

If in any proceedings under this Act any question arises whether a motor vehicle does or does not comply with any provisions of this Act or any regulations made thereunder, a certificate purporting to be signed by any examiner appointed under section 3(2) that he has examined the vehicle and as to the result of his examination, shall be admissible in evidence and shall be prima facie evidence of any fact or opinion stated therein relating to the matter in question; and the court shall not permit such examiner to be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be credible, or unless for any reason the court considers cross-examination to be necessary in the interests of justice.

Any certified copy of any extract from any register of motor vehicles kept under section 4 and purporting to be signed by the Director or by a licensing officer shall be admissible in evidence.

for the purpose of obtaining the grant of a franchise or licence in accordance with the provisions of this Act to himself or to any other person, or the refusal, suspension or revocation of any such franchise or licence, or the variation of any term or condition subject to which any such franchise or licence was granted, or the attachment of any term or condition to any such franchise or licence, makes a statement which is false or in any material respect misleading;

furnishes any particulars in relation to the registration or licensing in accordance with the provisions of this Act of any vehicle, or of any change of possession or ownership thereof, which is false or in any material respect misleading;

makes or has in his possession or uses or displays on a vehicle any identification mark, plate, licence or document which closely resembles an identification mark, plate, licence or document prescribed by regulations made under section 93(2) as to be calculated to deceive;

uses or exhibits on any vehicle any identification mark, plate, licence or document prescribed by regulations made under section 93(2) which has been altered, defaced or mutilated; or

alters, defaces, mutilates or obliterates any part of any licence granted in accordance with the provisions of this Act or document or identification mark or plate prescribed, is guilty of an offence and liable on conviction to a fine of $8,000 and imprisonment for 6 months.

The Commissioner of Police or any police officer authorised by him in writing in that behalf, or the Director or any person authorised by him in writing in that behalf, may in his discretion compound any such offences against any Act or against any rules or regulations made thereunder as may be prescribed as an offence which may be compounded, and in his discretion compound such offence by collecting from the person reasonably suspected of having committed the same a sum of money not less than $50 and not exceeding $500.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make rules to prescribe the offences which may be compounded and the method and procedure thereof.

Notwithstanding the provisions of any other law regulating the powers and duties of such local authority, a local authority may, with the approval of the Licensing Authority, make rules not inconsistent with this

parking of vehicles, the use of parking places, the vehicles or class or description of vehicles which may be entitled to use any parking place, and the conditions upon which (including payment of a fee) and the times at which a parking place may be used;

places where vehicles of various kinds may or may not stop, wait or take up or set down passengers;

the routes to be followed by vehicles or any particular class or description of vehicles and the use of specified roads by any vehicles or any particular class or description of vehicle;

pedestrian crossings, the precedence of vehicles and foot passengers respectively on or in the vicinity of any pedestrian crossing, and limiting pedestrian crossings by marks on the roadway or otherwise;

traffic lights.

Any such rules may provide that specified contraventions thereof shall constitute an offence and may provide for the punishment thereof by a fine not exceeding $2,000.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations of general or particular application for carrying this Act into effect.

In particular and without prejudice to the generality of the power under subsection (1), such regulations may, whether by way of prohibition, control or regulation provide for —

the number of vehicles of any specified type or class which may be granted a licence in any area or which may be used in any specified area or on any specified road or roads;

the classes or description of public service vehicles which shall be subject to the provisions of section 59 in addition to or by further subdivision of those therein specified;

the registration of vehicles and notification of any change in particulars of registration, transfer, surrender or cancellation of registration;

the licensing of vehicles and drivers and the production, transfer, surrender and cancellation of licences;

the conditions subject to which any power conferred upon any person by this Act or any subsidiary legislation made thereunder shall be exercised;

the conditions on which motor vehicles licensed in any place outside

the extent to which the provisions of Part 7 do not apply to public service vehicles registered and licensed in any place outside

the issue with licences of pamphlets explaining or calling attention to the duties of the licensee and to the provisions of the Act and regulations;

the procedure on applications for and the determination of questions in connection with the grant, variation, suspension and renewal of franchises and public service vehicle licences;

the notification to the Licensing Authority and district

the construction, equipment and use of public service vehicles, the conduct of the drivers, conductors and passengers of public service vehicles and the safe-custody and re-delivery or disposal of any property accidentally left on a public service vehicle and fixing the charges to be made in respect thereof;

the hours, conditions of service and identification by uniform or otherwise of the drivers and conductors of public service vehicles;

fares to be charged for the carriage of passengers and goods by any public service vehicle;

the possession or user of vehicles by dealers in or repairers of vehicles;

identification marks to be affixed on or to vehicles and the manner in which such marks shall be displayed and rendered easily distinguishable, whether by day or by night;

the construction and equipment of vehicles;

the procedure to be followed by persons in possession or demand to be in possession of vehicles who desire temporarily not to use such vehicles and the disposition of such vehicles during such period of non-user;

the settlement of disputes relating to the ownership of motor vehicles and the determination of the absolute ownership of motor vehicles for the purposes of this Act;

the implementation of any international convention applicable in Brunei Darussalam relating to road traffic and in particular relating to the international circulation of motor vehicles or licensing of drivers;

traffic on roads, limit areas, the speed at which any vehicle may be driven, the parking of vehicles, stopping places and stands for vehicles;

the lights to be displayed by vehicles;

anything to be done or the precautions to be taken by persons in charge of vehicles and the reporting of accidents by persons in charge of vehicles to which section 33 does not apply;

the width, height, wheelbase, length and overhang of motor vehicles and trailers and the load carried thereby, the diameter of wheels and the width, nature and condition of tyres of motor vehicles and trailers and the use of any tyres likely to cause damage to the roads;

the towing or drawing of vehicles by other vehicles; the maximum weight unladen of vehicles and the maximum weight laden of motor vehicles and trailers and the maximum weight to be transmitted to the road or any specified area thereof by a motor vehicle or trailer of any class or description or by any part or parts of such vehicle or trailer in contact with the road and the conditions under which the weights may be required to be tested;

the loads which may be carried on vehicles and the manner in which vehicles in or passing along any road shall be loaded, and

the conditions subject to which and the times at which articles of exceptional heavy weight or exceptionally large dimensions may be carried along roads;

Whenever any by-law, regulations, rule or order of any local authority is inconsistent with or repugnant to the provisions of any regulations, rule or order made or licence issued under this Act, the provisions of the Act shall prevail.

Any regulations made under subsection (2) may declare that a contravention of any licence or instrument issued under this Act or the regulations or under the joint effect of both or of any requirement imposed by virtue of the regulations shall constitute an offence and may provide for the punishment thereof by penalties not exceeding a fine of $5,000 and imprisonment for 12 months.

The Minister may cause to be prepared a Code, to be known as the Highway Code, containing such directions as appear to him to be proper for the guidance of persons using roads, and may give such directions as to the publication and issue thereof to members of the public as may appear to him to be expedient.

Failure on the part of any person to observe any provision of the

Any person who —

is dissatisfied with the exercise of any discretion conferred on any officer other than the Director by this Act or any regulations made thereunder other than a discretion the exercise of which such person may require the Director to confirm;

is dissatisfied with any decision confirmed by, or any order, action or decision of the Director either as to the carrying out of or the meaning of any of the provisions of this Act or any regulations made thereunder; or

is dissatisfied with any decision of the Licensing Authority or of a district Licensing Authority to which the provisions for appeal contained in section 70 are inapplicable or with the decision of any other person or body in whom a discretion may be vested by any regulations or rules made under section 92 or 93 respectively, may within 21 days thereof appeal to His Majesty the Sultan and Yang

For the purposes of this section, “prescribed” means prescribed by any written law including any Act replacing the Interpretation and

drawing trailer excluding motorcycle 60 75

public service vehicle —

goods service vehicle —

heavy vehicle 60 75.

The Director may require any local authority to establish and maintain within the area subject to its jurisdiction any prescribed signs in such places as he may direct and in any event the expense of establishing and maintaining any such traffic signs in an area subject to the jurisdiction of a local authority shall be borne by the local authority.

direct the delimiting of any length of road which has been limited or any part thereof;

direct that any length of road be limited;

direct that the maximum speed indicated by the prescribed sign be increased or reduced.