High Court orders licence of careless driver endorsed

KOTA KINABALU: The High Court yesterday ordered the endorsement of a man’s driving licence after his conviction under the Road Transport Act 1987.High Court Judicial Commissioner Datuk Abdul Rahman Sebli made the decision after allowing an appeal by deputy public prosecutor Eyu Ghim Siang for Ejan Halim’s driving licence to be endorsed as required under Section 43(2) of the Act.

Rahman held that the order under Section 43(2) of the RTA was mandatory and should have been made by the magistrates’ court unless there were special reasons for deciding otherwise.

“In this case there is nothing on record to show that there are special reasons not to make the order. According to Section 43(2) of the RTA, I order that the driving licence of the respondent (Ejan) be endorsed with the particulars of his conviction,” Rahman said.

Earlier, Eyu told the court that the magistrate had erred in law by failing to order the respondent’s driving licence to be endorsed with the particulars of his conviction.

Thus he applied for the endorsement so that it can be recorded by police and the Road Transport Department.

Ejan, 55, who was unrepresented, asked the court not to have his driving licence endorsed so that he can continue to earn his living as a driver.

He said he had paid a RM6,000 fine.

Last March 2, the magistrates’ court fined Ejan RM6,000, in default three months’ imprisonment after he pleaded guilty to a charge of driving his vehicle carelessly, which resulted in an accident involving a motorbike.

He admitted to committing the offence at about 1.30pm on Sept 28, 2008 at Km 6.5, Papar-Kota Kinabalu road.

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