Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Overloading of heavy vehicle

  • 8 Dec 2025

    MK GOH TRADING SDN BHD

    Citation
    CD-87-11-02/2025 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    CD-87-11-02/2025 (Mahkamah Majistret)

    The court convicted the company under s57(1)(b)(vi) APAD 2010, imposed a fine of RM35,000 (12 months imprisonment if unpaid) as a proportionate deterrent reflecting the seriousness of a 71.12% overload, but exercised its statutory discretion under s80 APAD 2010 to release the vehicle rather than order forfeiture after weighing mitigation (first offence, early plea, no injury) against public interest.

  • 17 Jan 2024

    YEWAN MAJU ENTERPRISE

    Citation
    WA-87-4519-11/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-87-4519-11/2023 (Mahkamah Majistret)

    Court found the operator guilty of breaching licence load limits under s57(1)(b)(vi) having carried 74.52% excess load; applying s57(3) and balancing public interest/deterrence with mitigating factors (first offender, early guilty plea, hardship), the court imposed a fine of RM9,000 or 4 months' imprisonment and exercised its discretion under s80 to release the vehicle to the owner rather than order forfeiture.