Akta Pengangkutan Jalan 1987
Applies to: Federal (whole of Malaysia) · Official text ↗
- You must hold a driving licence for the class of vehicle you drive, and employers or owners must not let unlicensed people drive (s 26).
- Causing death by reckless or dangerous driving (s 41) now carries 5–10 years' jail and a RM20,000–RM50,000 fine for a first offence, with at least 5 years' licence disqualification.
- Driving above the alcohol limit (s 45A) carries up to 2 years' jail and a RM10,000–RM30,000 fine for a first offence, plus at least 2 years' disqualification. Causing death while drunk (s 44) carries 10–15 years' jail.
- The legal alcohol limit is 22 micrograms per 100 ml of breath, 50 mg per 100 ml of blood or 67 mg per 100 ml of urine (s 45G, since 2020).
- Every vehicle on the road must have third-party insurance (s 90); the insurer must pay judgments for death or injury caused by the insured driver (s 96).
- Since 1 January 2026, compoundable PDRM and JPJ summonses are cheaper if paid early: 50% off within 15 days, 33% off within 30 days.
What this law covers
The Road Transport Act 1987 (Akta Pengangkutan Jalan 1987) regulates motor vehicles and traffic on Malaysian roads. It covers:
- registration and licensing of vehicles (road tax, or lesen kenderaan motor, LKM);
- driving licences (lesen memandu) and their suspension and revocation;
- traffic offences, from careless driving to causing death by reckless or drink driving;
- compulsory third-party insurance;
- police and Road Transport Department (Jabatan Pengangkutan Jalan, JPJ) powers, summonses and compounds.
It is enforced by the police (PDRM), JPJ and some local authorities. Detailed rules, such as speed limits and the demerit point system, are in subsidiary legislation made under the Act. Since 2020 the Act also covers micromobility vehicles such as e-scooters.
Driving licences
- Licence required (s 26): no one may drive a motor vehicle on a road without a licence for that class of vehicle, and no one may employ or permit an unlicensed person to drive.
- Tests (s 29): licences are issued after passing JPJ tests of competence. New drivers first receive a probationary driving licence (lesen memandu percubaan, "P").
- Probationary drivers: if a P-licence holder is convicted of offences such as causing death by reckless driving (s 41), reckless driving (s 42) or drink driving (s 45A), the court must revoke the licence.
- Points system (s 35): the Director General of JPJ must suspend or revoke a licence where a driver's record shows it is not in the interests of public safety for them to drive. Rules made under s 35 set up a demerit points system for traffic offences.
- Disqualification: courts must disqualify drivers convicted of serious offences for minimum periods (see below).
Serious driving offences after the 2020 amendments
The Road Transport (Amendment) Act 2020 came into force on 23 October 2020 and greatly increased the penalties. Jail and fine are both imposed where the table says "and".
| Offence | First conviction | Licence disqualification |
|---|---|---|
| s 41 Causing death by reckless or dangerous driving | Jail 5–10 years and fine RM20,000–RM50,000 (repeat: 10–15 years and RM50,000–RM100,000) | At least 5 years (repeat: 10 years) |
| s 42 Reckless or dangerous driving | Jail up to 5 years and fine RM5,000–RM15,000 | At least 5 years (repeat: 10 years) |
| s 43 Careless and inconsiderate driving | Fine RM5,000–RM10,000, and may be jailed up to 12 months (repeat: RM10,000–RM15,000) | – |
| s 44(1) Driving drunk or drugged and causing death | Jail 10–15 years and fine RM50,000–RM100,000 (repeat: 15–20 years and RM100,000–RM150,000) | At least 10 years (repeat: 20 years) |
| s 44(1A) Driving drunk or drugged and causing injury | Jail 7–10 years and fine RM30,000–RM50,000 (repeat: 10–15 years and RM50,000–RM100,000) | At least 7 years (repeat: 10 years) |
| s 45 Driving or in charge while unfit through drink or drugs | Fine RM1,000–RM5,000, and may be jailed up to 2 years (repeat: RM5,000–RM10,000, up to 5 years) | At least 2 years (repeat: at least 5 years) |
| s 45A Driving or in charge with alcohol above the prescribed limit | Jail up to 2 years and fine RM10,000–RM30,000 (repeat: up to 5 years and RM20,000–RM50,000) | At least 2 years (repeat: at least 5 years) |
| ss 45B, 45C Refusing a breath test or a specimen for analysis | Same as s 45A | Same as s 45A |
Prescribed alcohol limit (s 45G): 22 micrograms of alcohol per 100 ml of breath, 50 mg per 100 ml of blood, or 67 mg per 100 ml of urine (reduced in 2020 from 35, 80 and 107).
Summonses and compounds
Most minor traffic offences, such as speeding, running a red light or illegal parking, are dealt with by a summons (saman) from PDRM or JPJ (or a local council for parking). For offences prescribed as compoundable, an authorised officer may offer a compound (kompaun): you pay a sum and avoid prosecution (s 120).
- Pay early, pay less (from 1 January 2026): compoundable PDRM and JPJ summonses get a 50% reduction if paid within 15 days, 33% within 16–30 days, and the full rate from 31 to 60 days. After 60 days, the summons may go to court or you may be blacklisted, which can block road tax and licence renewal. Blanket discount campaigns were stopped.
- Non-compoundable offences, such as driving without insurance or without valid road tax, get no reduction and may go to court.
- Where to check and pay: the MyBayar PDRM app, the MyJPJ app or MySIKAP portal, and PDRM or JPJ counters.
If you dispute a summons, you can decline the compound and contest the charge in the Magistrates' Court. See Criminal process.
Insurance and third-party claims
Compulsory insurance (s 90): it is an offence to use a motor vehicle, or let someone else use it, without a valid insurance policy or security covering third-party risks. A person convicted is normally disqualified from driving for 12 months unless the court finds special reasons.
Insurer must pay judgments (s 96): if a court gives judgment against an insured driver for death or bodily injury that the policy must cover, the insurer must pay the person who won the judgment, even if the insurer could cancel the policy against its own customer. The insurer must have had notice of the court case before or within 7 days after it began, so victims or their lawyers should notify the insurer promptly.
If you are injured or a family member is killed:
- Make a police report as soon as possible and get the investigation and sketch plan.
- An injured person can sue the negligent driver for damages: medical costs, loss of earnings, and pain and suffering. The insurer usually handles the defence and pays.
- If someone is killed, their dependants (such as the spouse, children and parents) can bring a dependency claim for loss of support, and certain relatives can claim bereavement damages, under section 7 of the Civil Law Act 1956. This claim must be brought within 3 years of the death.
- For your own vehicle's damage, you can claim against the other driver's insurer or your own insurer, depending on your cover and who was at fault.
Laws cited on this page
| Act 67 | Civil Law Act 1956 · Akta Undang-Undang Sivil 1956 | Official text |
| Act 333 | Road Transport Act 1987 · Akta Pengangkutan Jalan 1987 | Official text |
Listed automatically from the federal Acts named on this page. All laws of Malaysia →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 26 | Must hold a driving licence for the class of vehicle; must not let an unlicensed person drive. |
| s 35 | JPJ must suspend or revoke a licence where the driver's record shows a danger to public safety; basis for the demerit points system. |
| s 41 | Causing death by reckless or dangerous driving: 5–10 years' jail and RM20,000–RM50,000 fine; disqualification at least 5 years. |
| s 42 | Reckless or dangerous driving: jail up to 5 years and fine RM5,000–RM15,000; disqualification at least 5 years. |
| s 43 | Careless and inconsiderate driving: fine RM5,000–RM10,000 and possible jail up to 12 months. |
| s 44 | Drunk or drugged driving causing death (10–15 years) or injury (7–10 years), with heavy fines and long disqualification. |
| s 45 | Driving or in charge while unfit through drink or drugs. |
| s 45A | Driving with alcohol above the prescribed limit: up to 2 years' jail and RM10,000–RM30,000 fine. |
| ss 45B–45C | Offences of refusing a breath test or a specimen for laboratory analysis. |
| s 45G | Prescribed alcohol limits: 22 µg/100 ml breath, 50 mg/100 ml blood, 67 mg/100 ml urine. |
| s 90 | Compulsory third-party insurance; offence and 12-month disqualification for driving uninsured. |
| s 96 | Insurer must satisfy judgments against the insured for death or injury, if notified of the case in time. |
| s 120 | Authorised officers may compound prescribed offences. |
Worked examples
Facts. Faiz, 22, races another car on a Johor highway at night, loses control and kills a pedestrian. It is his first offence.
The law. Causing death by reckless or dangerous driving under s 41 carries 5–10 years' jail and a RM20,000–RM50,000 fine (both imposed), and at least 5 years' disqualification. If he holds a P licence, it must be revoked.
Outcome. Faiz faces a mandatory prison term. The victim's family can also bring a civil dependency claim under s 7 of the Civil Law Act 1956 within 3 years, which Faiz's insurer must satisfy (s 96).
Facts. Mr Lee is stopped at a roadblock in Petaling Jaya. His breath test shows 30 micrograms of alcohol per 100 ml of breath. No one is hurt.
The law. The prescribed breath limit is 22 µg/100 ml (s 45G). Driving above it is an offence under s 45A: up to 2 years' jail and a fine of RM10,000–RM30,000 for a first offence, plus at least 2 years' disqualification.
Outcome. Mr Lee will be charged in court. This is not a compoundable matter, so he should get a lawyer. Refusing the test would have carried the same penalties (s 45B).
Facts. Kavitha receives a JPJ speeding summons by post in February 2026 and pays it online after 10 days.
The law. Speeding is a compoundable offence. Under the 2026 early-payment scheme, payment within 15 days attracts a 50% reduction (s 120 compounds).
Outcome. Kavitha pays half the compound and the matter ends. If she had ignored it for more than 60 days she could face court action or blacklisting.
Facts. Ahmad's motorcycle is hit by a car whose owner let a friend drive it with expired insurance. Ahmad suffers a broken leg.
The law. Using or permitting the use of an uninsured vehicle is an offence under s 90, usually with a 12-month disqualification. Ahmad can still sue the driver and owner for damages.
Outcome. Ahmad should lodge a police report, keep medical records and see a lawyer about his claim, including whether any compensation scheme or the vehicle's insurer can be pursued.
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
What is the legal alcohol limit for driving?
22 micrograms of alcohol per 100 ml of breath, 50 mg per 100 ml of blood or 67 mg per 100 ml of urine (s 45G, since 2020). There is no safe amount to drink before driving.
Can a drink-driving charge be settled with a compound?
Drink-driving offences under ss 44, 45 and 45A go to court and carry fines, jail and minimum disqualification periods. Compounds are for prescribed minor offences.
What happens if I don't pay a traffic summons?
Since 1 January 2026, unpaid compoundable summonses lose their discount after 30 days, and after 60 days you may face court action or be blacklisted, which can block road tax or licence renewal.
Does my P licence get cancelled for a traffic offence?
For serious offences, yes. If a probationary licence holder is convicted under ss 41, 42 or 45A, among others, the court must revoke the licence.
A family member was killed in a road accident. Can we claim?
Yes. Dependants can bring a claim for loss of support, and certain relatives can claim bereavement damages, under s 7 of the Civil Law Act 1956. The claim must be filed within 3 years of the death. The driver's insurer must pay any judgment if it was notified of the case in time (s 96).
Is it an offence to lend my car to a friend without a licence?
Yes. Under s 26 no one may employ or permit an unlicensed person to drive. If the friend is not covered by insurance, you may also commit an offence under s 90.
All questions & answers → · Ask your own →
Sources
- Road Transport Act 1987 (Act 333), official reprint (base text)
- Road Transport (Amendment) Act 2020 (Act A1618)
- Allen & Gledhill – Amendments to the Road Transport Act in force from 23 October 2020
- Malay Mail – 'The less you delay, the less you pay' summons scheme from 2026
- SAYS – 50% off if summonses paid within 15 days
- Thomas Philip – Dependency claims in Malaysia
Related
Civil Law Act 1956The criminal process: from police report to verdictPenal CodeLimitation Act 1953Courts and their powers