Penalties for driving without a license / driving while license is suspended or revoked
FAQ
1.What are the consequences of driving without a license?
Under Malaysia's Road Transport Act 1987 (JPJ), driving without a license is an offense. A first-time violation can result in a fine of up to RM300 or imprisonment for up to 3 months; if driving while the license has been revoked or suspended, the fine can be up to RM5,000 or imprisonment for up to 1 year. Additionally, the vehicle may be impounded, and the record may affect future license applications.
2.Can you be arrested for driving without a license?
Yes, in Malaysia, driving without a license is an arrestable offense. JPJ or police have the authority to arrest unlicensed drivers during inspections, especially if the license has been revoked or suspended. After arrest, the individual will be taken to the police station for statements and may be detained until bail or court appearance. However, for first-time offenders without other serious circumstances, a summons may be issued instead of arrest.
3.What should you do if you have an accident while driving without a license?
If an accident occurs while driving without a license, you should stop immediately and report to the police. Driving without a license is illegal, and fault determination may be affected, with insurers likely to deny claims. You must cooperate with police investigations, provide identification, and may face fines or imprisonment. It is advisable to contact a lawyer immediately to assist, avoiding aggravated liability due to the lack of a license.
4.Is it true that getting caught driving without a license only results in a maximum fine?
Not entirely. The fine for driving without a license in Malaysia is not a fixed maximum but depends on the severity of the case. For first-time unlicensed driving, the maximum fine is RM300, but if driving while the license is revoked or suspended, the maximum fine can reach RM5,000. Courts have discretion, and serious cases may lead to imprisonment. Therefore, the claim of 'only a maximum fine' is inaccurate, as actual consequences may be more severe.
5.Can a foreigner charged with driving without a license hire a lawyer?
Yes. In Malaysia, any accused person, including foreigners, has the right to hire a lawyer for defense. A lawyer can help understand legal procedures, reduce penalties, or seek acquittal. If a foreigner faces language barriers, they should quickly contact a bilingual lawyer and ensure translation services are available in court to protect their legal rights.
6.Can you pay bail for driving without a license?
Yes. After arrest for driving without a license, police or courts may allow bail for temporary release. The bail amount is determined by police or a judge, typically ranging from RM500 to RM3,000, depending on circumstances. Bail is refundable if the case concludes without conviction, but may be forfeited or offset against fines if convicted.
7.Will you be convicted after being released on bail for driving without a license?
Bail does not mean innocence. Bail only provides temporary release, and the case will still proceed to court. If evidence is sufficient, the court may still convict and impose fines or imprisonment. During bail, you must comply with conditions (e.g., appearing in court on time); otherwise, bail may be forfeited and penalties increased.
8.Will foreigners be deported for driving without a license?
Possibly. If a foreigner is convicted of driving without a license, in addition to fines or imprisonment, the immigration department may blacklist them based on the court's decision and deport them after serving their sentence. Whether deportation occurs depends on the severity of the offense, visa status, and the judge's recommendation. Foreigners are advised to avoid driving without a license and consult an immigration lawyer to understand the risks.
9.Can I drive while my license is temporarily suspended?
No. While your license is suspended (e.g., detained by JPJ due to an offense), you are considered to be driving without a license. Driving during this period is illegal. If caught, you face a maximum fine of RM5,000 or imprisonment for up to 1 year, and your vehicle may be seized. Be sure to wait until the suspension period ends and retrieve your license before driving again.
10.How long until I can get my license back after a temporary suspension?
The duration of a license suspension is determined by JPJ or the court, typically ranging from 6 months to 1 year, depending on the type of offense. For example, drunk driving or dangerous driving may result in a 1-year suspension. After the suspension period ends, you must go to a JPJ counter to retrieve your license, which may involve paying a processing fee or attending a course. The specific time frame depends on the court order or JPJ notification.
11.What happens if I drive while my license is confiscated?
Driving while your license is confiscated (suspended or revoked) is a serious offense. If caught, you face a maximum fine of RM5,000 or imprisonment for up to 1 year, and your vehicle may be seized. If an accident occurs, insurance companies will refuse to cover it, and you will bear full responsibility. It is advisable to stop driving immediately and consult a lawyer to handle your existing case.
12.What happens if I drive after my P license is revoked?
Once your P license (probationary driving license) is revoked, you no longer have legal driving qualifications. Continuing to drive is equivalent to driving without a license, which carries a maximum fine of RM5,000 or imprisonment for up to 1 year. Additionally, the revocation record will affect future applications for a new license. It is advisable to obey the law and wait until the revocation period ends before retaking the driving test.
13.What happens if I drive after my CDL is revoked?
After your CDL (Competent Driving License) is revoked, driving any vehicle is illegal. Driving without a license will result in a maximum fine of RM5,000 or imprisonment for 1 year, and your professional career will be damaged. If commercial vehicles are involved, you may also be blacklisted. It is advisable to stop driving immediately and contact JPJ to understand the conditions for reinstatement or consult a lawyer.
14.What happens if I lend my car to someone without a license?
Under Malaysian law, it is an offense for a vehicle owner to lend their car to an unlicensed driver. The owner may be fined up to RM2,000 or imprisoned for up to 6 months. If an accident occurs, the owner bears joint liability, and insurance companies will refuse to cover it. It is advisable to verify the validity of the other person's license before lending your car to avoid legal risks.