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OF DANGEROUS DRIVERS AND TRAFFIC OFFENCES
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NEW ZEALAND – 27TH JUNE 2007
‘Worst’ driving offender told to get licence -
He has been called one of New Zealand’s worst disqualified drivers, with more than 30
convictions - but Alan Alexander Hogg could still be coming to an intersection near you.
Hogg, a panelbeater, has escaped a jail term despite notching up his 31st, 32nd, 33rd and 34th convictions for driving while disqualified, along with three for possession of drug utensils and one for possession of methamphetamine.
Three of the latest driving charges were committed while Hogg, 34, was on bail between November 2005 and January this year.
However, Wellington District Court judge Bruce Davidson - who has called Hogg one of the worst driving offenders in New Zealand - wants him to get his driver’s licence.
Yesterday, Judge Davidson outlined Hogg’s previous convictions - 30 for driving while disqualified, 13 for drunk-driving, as well as dangerous driving and drugs.
Hogg had not held a licence for most of the past 18 years.
Judge Davidson said the two critical issues he had to decide were whether Hogg should go to prison and whether he should again be disqualified.
The offences took place 18 months ago and since then Hogg had gained a learner’s licence.
He is eligible to seek his restricted licence in another two months.
Judge Davidson said it was a classic case of giving Hogg the chance to get out of the cycle of offending.
He had every reason to believe that once Hogg had a full licence he could live, work and prosper without offending.
“In the long term, surely the courts must be in the business of avoiding offending,” he said.
In the past 18 months Hogg had completed a driver improvement course - scoring 92 per cent - and started paying off his fines, which Judge Davidson said was a significant step toward reforming.
Hogg was also working and was well regarded by his employer.
Judge Davidson ordered Hogg to do 200 hours of community work.
He did not impose any disqualification but confiscated the Toyota car he was caught in at least twice.
He told Hogg he hoped he recognised the sentence was designed to help him avoid getting into more trouble.
lexborneo.com - Do you agree with the decision of the judge? Was he too lenient on Hogg and over protective of him at the expense of the public who need protection of the Court from ‘tidak apa” attitudes of such dangerous drivers? At times there is a prevalent attitude amongst Asians that the grass is always greener in other pastures but decisions such as this reveal that this is not always the case. Sometimes we have a tendency to be over critical and unreasonably cynical of ourselves and our ‘ local’institutions and paying far too much respect to others. What is your opinion? Let us know what you think by dropping a line to lexborneo@yahoo.com.
What about traffic violations in Malaysia. These are covered under sections 39 to 55 of the Road Transport Act 1987:-
Driving and Offences in Connection Therewith
39. Restriction on driving by young persons
(1) No person under sixteen years of age shall drive a motor vehicle on a road.
(2) No person under seventeen years of age shall drive a motor vehicle other than a motor cycle or an invalid carriage on a road.
(3) No person under twenty-one years of age shall drive a tractor heavy, tractor light, mobile machinery heavy, mobile machinery light, motor car heavy or public service vehicle on a road:
Provided that where a tractor is used solely as a prime mover for machinery or implements used in the cultivation of land, a person over eighteen years of age, who is licensed to drive motor cars, may drive such tractor on a road for the purpose of moving it from one cultivation area to another.
(4) A person prohibited by this section by reason of his age from driving a motor vehicle or a motor vehicle of any class shall for the purposes of this Part be disqualified from holding or obtaining any driving licence other than a licence to drive such motor vehicle, if any, as he is not by this section forbidden to drive.
(5) Any person who drives, or causes or permits any person to drive, a motor vehicle in contravention of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
40. Exceeding speed limit
(1) If any person drives a motor vehicle at a speed exceeding any speed limit imposed for such motor vehicle under the powers conferred by this Act he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit.
(2) The court shall, unless for any special reasons it thinks fit to order otherwise, order particulars of any finding of guilt under this section to be endorsed on any driving licence held by the person convicted.
(3) A first or second conviction for an offence under this section shall not render the offender liable to be disqualified from holding or obtaining a driving licence for a longer period than in the first conviction, one month or, in the case of a second conviction, six months.
41. Causing death by reckless or dangerous driving
(1) Any person who, by the driving of a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road, and the amount of traffic which is or might be expected to be on the road) is dangerous to the public, causes the death of any person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of the conviction from holding or obtaining a driving licence.
(3A) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(4) The court may upon the trial of a person for an offence under this section convict such person of an offence under section 42 or section 43.
42. Reckless and dangerous driving
(1) Any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be punished with imprisonment for a term not exceeding five years and to a fine of not less than five thousand ringgit and not more than fifteen thousand ringgit and, in the case of a second or subsequent conviction, to imprisonment for a term not exceeding ten years and to a fine of not less than ten thousand ringgit and not more than twenty thousand ringgit.
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than two years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
43. Careless and inconsiderate driving
(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road shall be guilty of an offence and shall on conviction be punished with a fine of not less than four thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months.
(2) The court shall, (unless for any special reason it thinks fit to order otherwise), order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving license for a period of not less than three years from the date of the conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction;
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) Notwithstandiing anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect-
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in section 32.
44. Driving while under the influence of intoxicating liquor or drugs
(1) Any person who, when driving a motor vehicle on a road or other public place-
(a) is under the influence of intoxicating liquor or drug, to such an extent as to be incapable of having proper control of the vehicle; or
(b) has so much alcohol in his body that the proportion of it in his breath, blood or urine exceeds the prescribed limit,
and causes the death of or injury to any person shall be guilty of an offence and shall, on conviction, be punished with imprisonment for a term of not less than three years and not more than ten years and to a fine of not less than eight thousand ringgit and not more than twenty thousand ringgit;
(2) The court shall order particulars of any conviction under this section to be endorsed on any driving licence held by the person convicted.
(3) A person convicted under this section shall be disqualified from holding or obtaining a driving licence for a period of not less than five years from the date of conviction and, in the case of a second or subsequent conviction, be disqualified for a period of ten years from the date of the conviction;
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) Notwithstanding anything in any written law for the time being in force, the court before which a person is charged with an offence under this section shall order the immediate confiscation of the driving licence of that person and shall order the suspension of the licence commencing from the date the charge is first read to that person and such suspension shall have effect-
(a) until the court makes a final decision on the charge; and
(b) as if the suspension is the suspension referred to in section 32.
45. Being in charge of motor vehicle when under the influence of intoxicating liquor or drugs
(1) Any person who when in charge of a motor vehicle which is on a road or other public place, but not driving the vehicle, is unfit to drive in that he is under the influence of intoxicating liquor or of a drug to such an extent as to be incapable of having proper control of a motor vehicle, shall be guilty of an offence and shall on conviction be punished with a fine not exceeding one thousand ringgit and shall also be liable to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months:
Provided that a person shall be deemed for the purpose of this section not to have been in charge of a motor vehicle if he proves -
(a) that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive; and
(b) that between his becoming so unfit to drive and the material time he had not driven the vehicle on a road or other public place.
(2) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of conviction from holding or obtaining a driving licence.
(3) Where a person convicted of an offence under this section has been previously convicted of an offence under section 44, he shall be treated for the purpose of this section as having been previously convicted under this section.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45A. Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit
(1) Any person who, when driving or attempting to drive a motor vehicle or when 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, blood or urine exceeds the prescribed limit, shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(2) It is a defence for a person charged with an offence under subsection (1) to prove that at the material time the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(4) Notwithstanding subsection (1), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45B. Breath test
(1) Where a police officer in uniform has reasonable cause to suspect -
(a) that a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A; or
(b) that a person was the driver of or attempted to drive or was in charge of a motor vehicle in an accident involving one or more vehicles on a road or other public place,
he may, subject to section 45D, require that person to provide a specimen of breath for a breath test.
(2) A person may be required under subsection (1) to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under paragraph (b) of subsection (1) and the police officer making the requirement thinks fit, at a police station specified by the police officer.
(3) A breath test required under subsection (1) shall be conducted by the police officer making the requirement or any other police officer.
(4) A person who, without reasonable excuse, fails to provide a specimen of breath when required to do so in pursuance of this section shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(4A) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(4B) Notwithstanding subsections (4) and (4A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
(5) A police officer in uniform may arrest a person without warrant if -
(a) as a result of a breath test he has reasonable cause to suspect that the proportion of alcohol in that person's breath, blood or urine exceeds the prescribed limit; or
(b) that person has failed to provide a specimen of 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,
but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient.
45C. Provision of specimen for analysis
(1) In the course of an investigation whether a person has committed an offence under section 44 or 45 involving intoxicating liquor or under section 45A a police officer may, subject to the provisions of this section and to section 45D, require him -
(a) to provide two specimens of breath for analysis by means of a prescribed breathanalyser; or
(b) to provide a specimen of blood or urine for a laboratory test,
notwithstanding that he has been required to provide a specimen of breath for a breath test under subsection (1) of section 45B.
(2) A requirement under this section to provide a specimen of breath can only be made at a police station.
(3) A breath test under this section shall only be conducted by a police officer not below the rank of sergeant or by an officer in charge of a police station and shall only be conducted at a police station.
(4) A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital, but it cannot be made at a police station unless -
(a) 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;
(b) at the time the requirement is made, the prescribed breathanalyser is not available at the police station or it is for any other reason not practicable to use the breathanalyser,
and may be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.
(5) Where a specimen other than a specimen of breath is required, the police officer making the requirement shall, subject to medical advice, decide whether it is to be a specimen of blood or urine.
(6) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section shall be guilty of an offence and shall on conviction be punished with a fine of not less than one thousand ringgit and not more than six thousand ringgit and shall also be liable to imprisonment for a term not exceeding twelve months and, in the case of a second or subsequent conviction, a fine of not less than two thousand ringgit and not more than ten thousand ringgit and shall also be liable to imprisonment for a term not exceeding two years.
(6A) On a second or subsequent conviction of an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of not less than twelve months from the date of conviction from holding or obtaining a driving licence.
(6B) Notwithstanding subsections (6) and (6A), where a person who is a holder of a probationary driving licence is convicted under this section, the court shall thereupon revoke his driving licence.
45D. Protection of hospital patient
(1) 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 of blood or urine for a laboratory test unless the registered medical practitioner in immediate charge of his case authorises it and the specimen is to be provided at the hospital.
(2) The registered 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.
45E. Detention
(1) A person required to provide a specimen of breath, blood or urine may thereafter be detained at a police station until it appears to a police officer that were that person then driving or attempting to drive a motor vehicle on a road, he would not be committing an offence under section 44 or 45 involving intoxicating liquor or under section 45A, but such period of detention shall not exceed twenty-four hours.
(2) A person shall not be detained in pursuance of this section if it appears to a police officer that by reason of his condition there is no likelihood of his driving or attempting to drive a motor vehicle.
45F. Evidence in proceedings for an offence under sections 44 and 45 involving intoxicating liquor and section 45A
(1) In proceedings for an offence under section 44 or 45 involving intoxicating liquor or in proceedings for an offence under section 45A, evidence of the proportion of alcohol in a specimen of breath, blood or urine provided by the accused shall be taken into account and it shall be assumed that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the speciment; but the assumption shall not be made if the accused proves -
(a) that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and
(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if the proceedings are for an offence under section 44 or 45 involving intoxicating liquor, would not have been such as to make him incapable of having proper control of the vehicle.
(2) Evidence of the proportion of alcohol in a specimen of breath, blood or urine may, subject to subsections (4) and (5), be given by the production of a document or documents purporting to be either -
(a) a statement automatically produced by a prescribed breathanalyser and a certificate signed by a police officer (which may but need not be contained in the same document as the statement) that the statement relates to a specimen provided by the accused at the date and time shown in the statement; or
(b) a certificate signed by a government medical practitioner or government chemist as to the proportion of alcohol found in a specimen of blood or urine identified in the certificate.
(3) A specimen of blood shall be disregarded unless it was taken from the accused by a government medical officer; and evidence that a specimen of blood was taken may be given by the production of a document purporting to certify that fact and signed by a government medical officer.
(4) A document purporting to be such a statement or such a certificate, or both, as is mentioned in subsection (2) is admissible in evidence on behalf of the prosecution of this section only if a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing, and other document is so admissible only if a copy of it has been served on the accused not later than seven days before the hearing; but 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 three 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.
(5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be supplied with such a specimen, evidence of the proportion of alcohol in the specimen is not admissible on behalf of the prosecution unless -
(a) the specimen in which the alcohol was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided; and
(b) the other part was supplied to the accused.
(6) 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.
45G. Interpretation of sections 44 and 45B to 45F
(1) For the purposes of sections 44 and 45B to 45F -
"breath test" includes a preliminary test for the purpose of obtaining, by means of a prescribed breathanalyser, an indication whether the proportion of alcohol in a person's breath, blood or urine equals or exceeds the prescribed limit;
"fail" includes refuse;
"police station" includes any place or conveyance authorized or appointed by the Inspector General of Police to be used as a police station;
"prescribed limit" means -
(a) 35 microgrammes of alcohol in 100 millilitres of breath;
(b) 80 milligrammes of alcohol in 100 millilitres of blood; or
(c) 107 milligrammes of alcohol in 100 millilitres of urine.
(2) A person does not provide a specimen of breath for a breath test or for analysis unless the specimen is sufficient to enable the test or the analysis to be carried out and provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.
(3) (Deleted).
46. Driving when suffering from disease or disability
If any person drives a motor vehicle when he is to his knowledge suffering from any disease or disability calculated to cause his driving of such motor vehicle to be a source of danger to the public, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
47. Riding on running boards and obstruction of driver
If any person driving or in charge of a motor vehicle causes or permits any person to be carried on the running board, or otherwise than within the body of the vehicle, or causes or permits any person to stand or to sit, or anything to be placed or to be carried, in a motor vehicle in such a manner or in such a position as to hamper the driver in his control of the vehicle, or as to cause danger to other persons using the road, he shall be guilty of an offence.
48. Obstruction by vehicle on road
If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, he shall be guilty of an offence.
49. Pillion riding
(1) It shall not be lawful for more than one person in addition to the driver to be carried on any two wheeled motor cycle nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the motor cycle behind the driver on a properly designed seat securely fixed to the motor cycle.
(2) If any person uses a motor cycle in contravention of this section, he and any person so carried on the motor cycle shall be guilty of an offence.
50. Unlawful interference and importuning
(1) If any person, otherwise than with lawful authority or reasonable cause, takes or retains hold of, or gets into a motor vehicle while it is in motion on any road, for the purpose of being drawn or carried, he shall be guilty of an offence.
(2) If, while a motor vehicle is on a road or in a parking place, any person otherwise than with lawful authority or reasonable cause gets onto or moves the motor vehicle, or releases or tampers with any brake or other part of its mechanism, he shall be guilty of an offence.
(3) If any person, otherwise than with lawful authority, remains on any road or at any parking place for the purpose of importuning any other person in respect of the watching or cleaning of a motor vehicle, or for the purpose of directing any of a motor vehicle in respect of parking on such road or at such place, he shall be guilty of an offence.
51. Taking motor vehicle without consent of registered owner
(1) Any person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both:
Provided that no person shall be convicted under this section if he satisfies the court either that he acted in the reasonable belief that he had lawful authority or that the owner would in the circumstances of the case have given his consent if he had been asked therefor.
(2) If, on the trial of any person for the theft of a motor vehicle, the court is of the opinion that the accused was not guilty of such offence but was guilty of an offence under this section, the court may convict the accused under this section.
52. Duty to stop in case of accidents
(1) If in any case, owing to the presence of a motor vehicle on a road, an accident occurs, the driver of the motor vehicle shall stop and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the registration number of the motor vehicle.
(2) In the case of any such accident as aforesaid the driver of such motor vehicle and, if there is more than one motor vehicle, the driver of each such motor vehicle, shall report the accident at the nearest police station as soon as reasonably practicable and in any case within twenty-four hours of such occurrence, and shall produce to the officer in charge of such police station his driving licence and if so required, the certificate of insurance issued under section 90 of this Act.
(3) In the case of any such accident as aforesaid the driver of any such motor vehicle shall render such assistance as may be reasonably required by any police officer or traffic warden or, in the absence of any police officer or traffic warden, such assistance as it may reasonably be in the power of such driver to render.
(4) Where a police officer or traffic warden has reasonable cause to believe that any person -
(a) was the driver of a motor vehicle at a time when an accident occurred owing to the presence of such motor vehicle on a road;
(b) has committed an offence in relation to the use of a motor vehicle on a road; or
(c) was accompanying the holder of a learner's driving licence granted under this Act whilst such holder was driving a motor vehicle and that an accident occurred whereby damage or injury was caused to any person, property or animal owing to the presence of such motor vehicle on a road,
such police officer or traffic warden may require such person to produce for examination his driving licence and the certificate of insurance relating to the user of such vehicle at such time.
(5) If any person fails to comply with this section he shall be guilty of an offence:
Provided that a person shall not be convicted of an offence against subsection (2) or (4) by reason only of the failure to produce his driving licence or certificate of insurance if within five days after the accident or the requirement under subsection (4), he produces such licence or certificate in person at such police office or police station in Malaysia as may be specified by him at the time the accident was reported or the requirement under subsection (4) was made.
53. Power to order appearance in court
(1) Where a police officer, a traffic warden or a road transport officer has reasonable grounds for believing that any person committed an offence against this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person a notice in the prescribed form ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.
(2) If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence.
54. Application to pedal cyclists of provisions relating to certain driving offences
(1) Subsection (1) of section 42, subsection (1) of section 43, subsection (1) of section 44, subsection (1) of section 45A, subsection (4) of section 45B, subsection (5) of section 45B and subsection (6) of section 45C with the omission of the reference to attempting to drive shall, subject to this section, apply to persons riding bicycles and tricycles not being motor vehicles, as they apply to drivers of motor vehicles, and references in those provisions to motor vehicles, drivers and driving shall be construed accordingly.
(2) The maximum penalties which may be imposed on a conviction by virtue of this section shall be as follows:
(a) in the case of a conviction under section 42, 44, 45A, 45B or 45C, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit or imprisonment for a term of three months;
(b) in the case of a conviction under section 43, a fine of three hundred ringgit or, if the conviction is a second or subsequent conviction, a fine of one thousand ringgit.
(3) In determining whether a conviction under section 42, 43, or 44 or 45A is a second or subsequent conviction -
(a) where it is a conviction in connection with the driving of a motor vehicle, any previous conviction by virtue of this section shall be disregarded;
(b) where it is a conviction by virtue of this section, any previous conviction in connection with the driving of a motor vehicle shall be disregarded.
55. Duty to stop vehicles on demand
Any person driving a motor vehicle on a road shall stop the motor vehicle on being so required by a police officer in uniform, a traffic warden in uniform or a road transport officer in uniform, and if he fails so to do he shall be guilty of an offence.
