Received non-compoundable summons for driving without a license

Last activity 24 September 2021 by littleowlnest

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littleowlnestNew member03 September 2021 10:35:45

I hold a current and valid Australian Driver's license. I have read multiple sources that say that after 90 days, you need to convert your license to a Malaysian license. I have been resident in Malaysia for longer than 90 days.

The summons related to the following sections in the Road Transport Act 1987
Driving licences
26. (1) Except as otherwise provided in this Act, no person shall drive a motor vehicle of any class or description, on a road unless he is the holder of a driving licence authorizing him to drive a motor vehicle of that class or description, and no person shall employ or permit another person to drive a motor vehicle on the road unless the person so employed or permitted to drive is the holder of such a driving licence.
Motor vehicle users to be insured against third party risks
90. (1) Subject to this Part, it shall not be lawful for any person to use or to cause or permit any other person to use, a motor vehicle unless there is in force in relation to the user of the motor vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part.

If these are offences under the RTA, then surely the RTA is also my defence.
Recognition of driving licences of other countries
28. A driving licence issued under the corresponding provisions of any law in force in any country which is a party to a treaty to which Malaysia is also a party and which purports to recognize domestic driving licences issued by the contracting countries shall, so long as such licence remains in force in that country, be deemed to be a driving licence granted under this Part.

This says that my license is valid in Malaysia so long as it is valid in Australia. As yet I can't see any legal requirement in the RTA or anywhere else that contradicts this either by time period or requirement of a secondary document like an IDP. I know the RTA has been amended over the years, but that clause appears to remain the same. Do anyone know definitively one way or the other?

GuestPoster704Guest04 September 2021 04:01:59

214245

You need to get an international driver's permit (then it's deemed valid). Get your international driver's permit, then go to JPJ and they'll handle the rest.

It's a pretty easy fix.

ramesh raj76Member04 September 2021 06:13:46

That really sucks. I believe the section you referred to is talking about the recognition of Malaysian drivers license in Australia. Currently Australia does not recognise Malaysian licenses only Singaporeans I believe. So a Malaysian would also need to get an Aussie license over there.

Sorry best you can do is ask for a discount at the police station.

littleowlnestNew member04 September 2021 08:41:30

The list of participant countries are shown in the PDF linked below. Both Malaysia and Australia are participant countries (note it's not in alphabetical order).

Foreign driving license recognition

And no you can't go to the police station to ask for a "discount", you have to appear in court.

littleowlnestNew member04 September 2021 08:55:10

That's not an answer to the question I posed.

If you have an IDP, why would you need to go to JPJ. You would only go to JPJ if you then intend on converting your license. Converting your license is far from easy.

1) You cannot just show up to JPJ. You need to book an appointment online. Bookings are currently out to two weeks in advance.
2) I cannot book because their system is broken. It errors when booking the appointment, most likely because I have foreign ID and not a local IC which needs to be provided.
3) You can't call them because as soon as they transfer you, the call drops.. called over a dozen times.
4) For a foreign license to be converted, it needs to be certified and endorsed by the High Commission/Embassy of the foreign country.
5) The foreign embassy will require that you get a letter of verification from the transport authority in the home country to verify your license is valid and current.
6) I can't submit an online request for the above for much the same reasons as the above system. I have a foreign address on my license which their online form doesn't accept.
7) Can't call either, wait times even for international callers is over 30 minutes... so I sent an email, which has a 7 day turnaround.
8) Once you somehow get your certified and endorsed copy of your license, go back to step 1 and somehow book your online appointment.
9) Once you are in JPJ you need to have:
a) Application form
b) Exemption form
c) Copy of passport and original
d) Copy of visa and original
e) certified license copy and original
10) Submit your forms and they will give you appointment to return
11) Come back for your appointment and collect your license

cvcoMalaysia expert24 September 2021 02:07:23

1219

Right...unless converting, JPJ has nothing to do with this so dont visit them. The IDP or recognized country license is for the cops when stopped and thats it.

It sounds like the OP came upon a cop who didnt know the laws and kicked it to the court to sort out. Print out the law in this thread, go to court, show the judge and walk out (assuming the AU license was still valid at the time of the crime).

Having said that, I never took the chance on a country-recognized license for the very reason of the OPs problem. I had IDP from AAA all along and have shown it 100 times, i bet. Never was i even asked for my country license. They like and understand the IDP in the hands of a foreigner. That said, they should have been trained better and carried the approved list with them when they stopped people. But then, this is Malaysia.

Ive used the IDP for 22 years and was never forced to convert. The reason I didnt voluntarily do it was because of the hassle and expense, together with the fact that a cop will more easily give a summons to a Malaysia license holder than to a foreigner with an IDP. Part of the reason is that an IDP is outside the system and the Malaysia license isnt, meaning that a Malaysia license could be revoked by a court but not the IDP. Having a local license means you have something to lose which is the primary purpose of any license for anything. I say stay out of the system and radar as much as possible anyway.

littleowlnestNew member24 September 2021 11:25:38

Thanks for the educated response. Think many failed to grasp what I was trying to convey and it confirms my understanding of the matter.

Not even sure it was a case of them being uneducated or simply trying to intimidate me into paying them to avoid the court. For some reason it took six officers to issue me the summons.

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