1 PART I PRELIMINARY-1. Short title, application and commencement.

(1) This Act may be cited as the Commercial Vehicles Licensing Board Act 1987 and shall apply throughout Malaysia.

(2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

1A PART I PRELIMINARY-1A. Application.

(1) This Act shall apply only to Sabah, Sarawak and the Federal Territory of Labuan.

(2) This Act shall not apply to any commercial vehicles which are subject to any law relating to tourism or tourism industry in Sabah, Sarawak and the Federal Territory of Labuan.

[Subs. A1376:s.3]

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

  "airport taxi cab"  means a motor vehicle having a seating capacity of not more than seven persons used exclusively for the carriage of persons to and from the airport in consideration of a payment and operated from a fixed base or in an authorised area;

[Ins. Act A1024]

  "authorised vehicle"  , in relation to any licence issued under this Act, means a vehicle specified in such licence and authorised to be used thereunder;

  "bankruptcy"  includes insolvency as a result of which a wage earner's administration order has been made under the laws relating to bankruptcy;

  "base"  -

(a) in relation to an application for a licence, means the address, pre

3 PART II COMMERCIAL VEHICLES LICENSING BOARDS-3. Establishment of commercial vehicles licensing boards.

(1) There shall be established respectively for West Malaysia, Sabah and Sarawak a commercial vehicles licensing board to be known as the "Commercial Vehicles Licensing Board and the "Commercial Vehicles Licensing Board Sarawak".

[Am. Act A1376:s.5]

(2) For the purposes of this Act, the commercial vehicles licensing board for the Federal Territory of Labuan shall be the Commercial Vehicles Licensing Board Sabah.

4 PART II COMMERCIAL VEHICLES LICENSING BOARDS-4. [Deleted by Act A1376:s.6].

[Deleted by Act A1376:s.6] .

5 PART II COMMERCIAL VEHICLES LICENSING BOARDS-5. Membership of the Commercial Vehicles Licensing Board Sabah.

The Commercial Vehicles Licensing Board Sabah shall consist of the following members to be appointed by the Minister:

(a) a Chairman;

(aa) a Deputy Chairman;

[Ins. Act A1024]

(b) a representative of the State Ministry charged with the responsibility for transport;

(c) a representative of the Road Transport Department;

(d) a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles who shall be the Board Secretary and;

[Am. Act A1024]

(e) not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport.

[Am. Act A1024]

6 PART II COMMERCIAL VEHICLES LICENSING BOARDS-6. Membership of the Commercial Vehicles Licensing Board Sarawak.

The Commercial Vehicles Licensing Board Sarawak shall consist of the following members to be appointed by the Minister:

(a) a Chairman;

(aa) a Deputy Chairman;

[Ins. Act A1024]

(b) a representative of the State Ministry charged with the responsibility for transport;

(c) a representative of the Road Transport Department;

(d) a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles who shall be the Board Secretary; and

[Am. Act A1024]

(e) not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport.

[Am. Act A1024]

7 PART II COMMERCIAL VEHICLES LICENSING BOARDS-7. Temporary exercise of functions of Chairman.

The Minister may appoint any member of the Board or any other person as he thinks fit to exercise the functions of the Chairman during the period in which the Chairman is for any reason unable to exercise his functions or during the period of any vacancy in the officer of the Chairman, and such member or other person shall, during the period in which he is exercising the functions of the Chairman under this Section, be deemed to be the Chairman.

8 PART II COMMERCIAL VEHICLES LICENSING BOARDS-8. Committees.

(1) The Board may appoint any committee of two or more persons to assist it in discharging its functions under this Act.

(2) The procedure and functions of any committee appointed under subsection (1) shall be determined by the Board:

Provided that such committee shall keep minutes of its proceedings and copies of such minutes shall forthwith be tabled before the Board.

8A PART II COMMERCIAL VEHICLES LICENSING BOARDS-8A. Appointment of Board Officer.

The Minister may, by of notification in the Gazette, appoint any officer from the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles to be a Board Officer as he thinks fit.

[Ins. Act A1024]

9 PART II COMMERCIAL VEHICLES LICENSING BOARDS-9. Provisions relating to members of the Board and committee.

(1) No person shall be appointed as a member of the Board or as a member of any committee unless before such appointment such person makes a statutory declaration whether he has any and if so what financial interest in any undertaking involving commercial vehicles.

(2) If any member of the Board or a committee acquires any financial interest in any undertaking involving commercial vehicles he shall, within four weeks after so doing, give notice in writing to the Minister specifying the interest so acquired, and the Minister, after taking the matter into consideration may, if he thinks fit, declare that the member has vacated his office.

(3) The Chairman and members of the Board appointed under 5 and 6 shall hold office for such term not exceeding three years as the Minister may determine at the time of their appointment and shall be eligible for re-appointment.

[Am. Act A1376:s.7]

(4) The Minister

10 PART II COMMERCIAL VEHICLES LICENSING BOARDS-10. Procedure of the Board and Minister's general directives.

(1) The Minister may make rules to fix the quorum for any meeting of the Board and to prescribe the procedure which shall be followed by the Board for the purpose of determining applications for the issue of a licence or an intermediation business licence or of exercising any other functions conferred on the Board under this Act.

[Am. by Act A1553]

(2) Subject to this Act, the Minister may in writing give such general directives on the policy to be followed by the Board in determining applications as he may think desirable in the public interest and the Board shall comply with such general directives.

11 PART II COMMERCIAL VEHICLES LICENSING BOARDS-11. Delegation by the Board.

The Board may in writing delegate to the Chairman, a Board Officer, a road transport officer after consultation with the Director General or any public officer as the Board deems fit, any of its functions other than those which the Minister may by rules expressly require to be discharged by the Board.

[Am. Act A1024]

12 PART II COMMERCIAL VEHICLES LICENSING BOARDS-12. Annual reports.

(1) The Board shall submit to the Minister, not later than the 30th day of June, an annual report of its proceedings for the previous year containing particulars with respect to such matters as the Minister may direct.

(2) The Minister shall cause every such annual report to be laid before both Houses of Parliament.

13 PART II COMMERCIAL VEHICLES LICENSING BOARDS-13. Information to be given to the Board.

All registers and records and other documents kept by any person or authority relating to the grant or refusal, before the coming into force of this Act, of licences to transport goods or passengers, shall be made available by such person or authority to the Board on its request and such person or authority shall furnish the Board with such other information relating to the matters aforesaid as the Board may require for the purpose of carrying out its functions under this Act.

14 PART III CLASSIFICATION AND LICENSING OF COMMERCIAL VEHICLES-14. Classes and categories of commercial vehicles.

(1) Public service divided into and licensed classes:

( a ) stage buses;

( b ) charter buses;

( c ) express buses;

( d ) mini buses;

( e ) employees buses;

( f ) feeder buses;

( g ) school buses;

( h ) hire cars;

( i ) hire and drive cars;

( j ) taxi cabs;

( k ) airport taxi cabs; and

( l ) limousine taxi cabs.

[Subs. Act A1024]

(1A) Notwithstanding subsection (1) the Minister may make rules for the purpose of prescribing any other classes of public service vehicles as he thinks fit.

[Ins. Act A1024]

(1B) For the purpose of this Act, an e-hailing vehicle shall be a public service vehicle and subject to an intermediation business licence issued under Part IVA.

15 PART IV GENERAL PROVISIONS AS TO LICENCES-15. Application for licence.

(1) An application for a licence under this Part shall be made to the Board on the prescribed form in the prescribed manner.

(2) In addition to any other information which may be required to be given under this Act, the applicant shall give to the Board the following information which is required for the discharge of its functions in relation to the application:

( a ) complete information on the details of the route which is related to the application;

( b ) a letter of approval from the relevant local authority regarding the usage of stops or terminal facilities in the area of administration of the local authority where the route is located;

( c ) a justification report for the route; and

( d ) any other information as may be determined by the Board.

[Subs. Act A1024]

(3) The Board may refuse to register, proceed with o

16 PART IV GENERAL PROVISIONS AS TO LICENCES-16. Powers of the Board.

(1) Subject to this Act, the Board on an application for a licence under this Act shall have full power in its discretion-

(a) to grant the application in full or in part;

(b) to grant a licence in respect of motor vehicles other than those involved in the application;

(c) to grant a licence of a different class or for a different maximum permissible laden weight, passenger capacity or type of goods to be carried from that specified in the application;

(d) to grant a licence in which the area or time of operation is different from that specified in the application; or

(e) to refuse the application.

(2) A person may be the holder of two or more licences, whether of the same class or of different classes.

17 PART IV GENERAL PROVISIONS AS TO LICENCES-17. Duration of licences.

(1) (a) A licence issued under this Act shall, unless replaced or revoked, continue in force for such period as may be determined by the Board at the time the licence is granted.

[Am. Act A1024]

(b) The period that may be determined by the Board

under paragraph (a) shall not exceed seven years.

(c) When a licence is granted under this Act, the Board shall specify the date on which the licence is to come into force and the date of its expiry, and such dates shall be inserted in the licence when it is issued.

(2) If on the date of the expiration of a licence (other than a short term licence) granted under section 16, proceedings are pending before the Board on an application by the holder of the licence for the renewal of such licence under section 21, such licence shall remain in force until the application is disposed of, but without prejudice to the exerc

18 PART IV GENERAL PROVISIONS AS TO LICENCES-18. Short term licences.

(1) Where an application has been made for a licence to be granted under this Act, the Board may, if for administrative reasons or on the ground of the urgency of the matter it thinks it desirable so to do pending the determination of the application, grant to the applicant a short term licence for such period and subject to such conditions as it thinks fit.

(2) A short term licence shall cease to have effect from the date on which the Board gives its decision on the application and in no case shall have effect for more than twelve months.

19 PART IV GENERAL PROVISIONS AS TO LICENCES-19. Conditions which may be attached to licence.

(1) Subject to this Act, the Board may attach to any licence granted under this Act such conditions as it may think fit and in particular-

(a) in relation to a specified class of public service vehicles licence-

(i) that specified fares shall be charged;

(ii) that where desirable in the public interest, the fares shall be so fixed as to prevent wasteful competition with alternative means of transport, if any, along the route or any part thereof or in proximity thereto;

(iii) that the service shall be operated within the specified areas or routes and in accordance with a specified time-table or in accordance with specified hours of operation and specified frequency;

(iv) that copies of the time-table and faretable and in the case of excursion buses also the itinerary, shall be carried and displayed in vehicles used on the service and shall be liable for inspection;

(v) th

20 PART IV GENERAL PROVISIONS AS TO LICENCES-20. Statutory conditions of licence.

(1) It shall be a condition of every licence granted under this Act-

(a) that the authorised vehicle is maintained in a fit and serviceable condition as determined by the Director General;

(b) that any provision contained in any written law with respect to limits of speed, weight laden and unladen and the loading of vehicles is complied with in relation to the authorised vehicle;

(c) that section 40 is complied with.

(2) The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions under this section, shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

20A PART IV GENERAL PROVISIONS AS TO LICENCES-20A. Application for approval to participate in business or agreement.

(1) If the holder of a licence that is a company or a partnership or a firm intends to participate in any business or agreement that would business or cause-

(a) any change in the equity structure; or

(b) any change in the members of the Board of Directors,

of the company, partnership or firm, as the case may be, the holder of the licence shall obtain the approval of the Board before participating in the business or agreement.

(2) The Board may, upon receipt of the application under subsection (1), approve or reject the application and, if the Board approves the application, it may impose any condition as it thinks fit.

(3) The holder of a licence who fails to comply with this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not ex

21 PART IV GENERAL PROVISIONS AS TO LICENCES-21. Application for renewal of licence.

(1) Subject to subsections (2) and (3), any person who is a holder of a licence under this Act, who satisfies the Board that since the date the licence is granted, he has lawfully and continuously carried on, in a satisfactory and efficient manner, a transport service in accordance with the terms and conditions of the licence, shall on application to the Board for renewal of the licence, be given preference over all other applications for a licence to carry on a transport service substantially the same as that which the licence holder has been providing.

(2) An application for renewal of a licence under subsection (1) shall be made before the date of the expiration of the existing licence.

(3) If the applicant fails to comply with subsection (2) and offers no reason which the Board thinks as reasonable, the Board may refuse to proceed with, hear or determine such application.

21A PART IV GENERAL PROVISIONS AS TO LICENCES-21A. Documents required for renewal of licence.

(1) In addition to any other document which may be required under this Act, an application for a renewal of a licence shall be accompanied with the documents:

( a ) an audited financial statement of the applicant; and

( b ) a performance report of the previous year relating to-

(i) the total number of passengers or total volume of goods carried;

[(i) Am. by Act A1686]

(ii) the total number of operation and revenue mileage;

(iii) the total actual number of trips operated and scheduled; and

(iv) the estimated number of vehicles that are required to provide efficient service for a particular route.

(2) Notwithstanding subsection (1) the Board may require any additional documents to be submitted by the applicant for the renewal of licence.

[Ins. Act A1024]

22 PART IV GENERAL PROVISIONS AS TO LICENCES-22. Application for variation.

Subject to this Act, on an application by the holder of a licence for a variation of the licence or the conditions thereof, the Board shall have full power in its discretion-

(a) to grant the application in full or in part;

(b) to refuse the application; or

(c) to order any variation of the licence or the conditions thereof other than the variation in the application.

23 PART IV GENERAL PROVISIONS AS TO LICENCES-23. Temporary change of use of a public service vehicle.

Notwithstanding anything contained in this Act, the Board may, on an application, authorise for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the holder of a public service vehicle licence of a particular class to use the authorised vehicle as a public service vehicle of any other class.

24 PART IV GENERAL PROVISIONS AS TO LICENCES-24. Temporary use of 'C' vehicle as 'A' vehicle.

Notwithstanding anything contained in this Act, the Board may in exceptional cases, on an application, authorise for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the holder of a carrier's licence 'C' to use the authorised vehicle for the carriage of goods for hire or reward.

25 PART IV GENERAL PROVISIONS AS TO LICENCES-25. Power to revoke or suspend licence.

(1) The Board may revoke or suspend any licence granted under this Act-

(a) on the ground that any of the provisions of this Act or any other written law or that any of the conditions of the licence has not been complied with;

(b) on the ground that the grant of the licence was induced by a false representation of fact by or on behalf of the holder; or

(c) where it is satisfied that the motor vehicle has been or is intended to be used for an unlawful purpose or that the original purpose, for which the licence was issued no longer exists:

Provided that the Board shall not revoke or suspend the licence on the ground of the breach of any of the conditions unless it is satisfied, after giving the holder of the licence an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or

25A PART IV GENERAL PROVISIONS AS TO LICENCES-25A. Prohibition in relation to suspended licence.

(1) The holder of a licence whose licence has been suspended under section 25 shall not, during the period of suspension, use, cause or permit the use of a vehicle to which the licence relates.

(2) Any holder of a licence using, causing or permitting the use of a vehicle when the licence in respect of the vehicle is suspended under section 25 shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Ins Act A1024]

25B PART IV GENERAL PROVISIONS AS TO LICENCES-25B. Power of the Board to replace licence.

(1) The Board shall, in the exercise of its discretion, have the power to replace a licence with a licence of a different class or for a different maximum permissible laden weight or seating capacity or type if the Board is satisfied that there is a need for the carriage of goods that is different from the class of licence granted under this Act for the purpose of-

( a ) reorganizing or consolidating the services provided by the holder of licences of different classes; or

( b ) reorganizing or consolidating the services provided by the holder of the licences of the same class.

(2) Before replacing a licence under subsection (1) the Board shall issue a written notice not less than one year before the proposed date of replacement to the holder of the licence stating the intention of the Board to replace the licence.

(3) A licence replacing any licence under subsection (1) shall be e

26 PART IV GENERAL PROVISIONS AS TO LICENCES-26. Protection of public interest.

Save as otherwise expressly provided, nothing in this Act shall be deemed to confer on the holder of a licence or holder of an intermediation business licence under this Act, any right to the continuance of any benefits arising from the provisions of this Act, or from any licence or intermediation business licence granted or deemed to be granted thereunder or from any conditions attached to any such licence or intermediation business licence.

[Am. by Act A1553]

26A PART IVA LICENSING OF INTERMEDIATION BUSINESS-26A. Licensing of intermediation business.

(1) No person shall operate or provide an intermediation business unless he holds an intermediation business licence issued under this section.

(2) An application for an intermediation business licence under this section shall be made to the Board in the form and manner as determined by the Board and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Board.

(3) The applicant shall provide to the Board complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

(4) Subject to this Act, the Board may, on an application for an intermediation business licence under this section-

(a) grant the application in full or in part or with such modifications as the Board thinks fit, and, upon payment of the prescribed fee, issue an intermediation business licence to the applicant; or

26B PART IVA LICENSING OF INTERMEDIATION BUSINESS-26B. Renewal of licence.

(1) Subject to subsections (2) and (3), the Board may, on an application by the holder of an intermediation business licence, renew the intermediation business licence on such conditions as the Board thinks fit or refuse the application.

(2) An application for the renewal of an intermediation business licence under subsection (1) shall be made at least ninety days before the date of expiry of the intermediation business licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Board.

(3) If the holder of an intermediation business licence fails to comply with subsection (2) and offers no reason which the Board thinks reasonable, the Board may refuse to proceed with, hear or determine such application.

(4) Where no application for renewal of an intermediation business licence has been submitted, the holder of an intermediation business licence shall, within fourteen days from the

26C PART IVA LICENSING OF INTERMEDIATION BUSINESS-26C. Application for variation.

On an application by a holder of an intermediation business licence for a variation of the intermediation business licence or the conditions of the intermediation business licence, the Board shall have full power in its discretion-

(a) to grant the application in full or in part;

(b) to refuse the application; or

(c) to order any variation of the intermediation business licence or the conditions of the intermediation business licence other than the variation specified in the application.

[Ins. by Act A1553]

26D PART IVA LICENSING OF INTERMEDIATION BUSINESS-26D. Revocation or suspension of the intermediation business licence.

(1) The Board may, by written notice to the holder of an intermediation business licence and without any compensation, revoke or suspend any intermediation business licence issued under section 26A-

(a) if any of the provisions of this Act or any of the conditions of the intermediation business licence has not been complied with;

(b) if the issuance of the intermediation business licence was induced by a false representation of fact by or on behalf of the holder of an intermediation business licence; or

(c) in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of an intermediation business licence or, where a receiver or manager is appointed in relation to the business of providing intermediation business by the holder of an intermediation business licence:

Provided that the Board-

(A) in the case of paragraph

26E PART IVA LICENSING OF INTERMEDIATION BUSINESS-26E. Transfer of licence prohibited.

(1) Subject to subsection (3), an intermediation business licence issued under section 26 a shall be personal to the holder of an intermediation business licence thereof, and shall not be transferred or assigned.

(2) A holder of an intermediation business licence who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) Notwithstanding paragraph 26D(1) (c) , the Board may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of an intermediation business licence or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such holder of an intermediation business licence or, where for any reason the Board is satisfied that it would be unjust not

26F PART IVA LICENSING OF INTERMEDIATION BUSINESS-26F. Duty of the holder of an intermediation business licence to keep records, etc.

(1) It shall be the duty of the holder of an intermediation business licence to keep such accounts and records as required by the Board under section 40 in relation to the intermediation business licence issued to him.

(2) A holder of an intermediation business licence who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Ins. by Act A1553]

26G PART IVA LICENSING OF INTERMEDIATION BUSINESS-26G. Duty of the holder of an intermediation business licence to inform Board.

(1) It shall be the duty of every holder of an intermediation business licence, at all times, to inform the Board immediately of the following matters:

(a) any proceedings or claims instituted or made against the holder of an intermediation business licence which might have an adverse effect on his financial condition or on his ability to perform any condition under the intermediation business licence;

(b) any reprimands or fines imposed on the holder of an intermediation business licence by the Government; and

(c) any change in the control of the holder of an intermediation business licence.

(2) For the purposes of this section, "control", in relation to a holder of an intermediation business licence, means having the power, directly or indirectly, to direct the management and policy of the holder of an intermediation business licence.

(3) A holder of an inte

26H PART IVB INTERNATIONAL CIRCULATION OF COMMERCIAL VEHICLES-26H. Permit, licence, etc., under international agreement.

(1) For the purpose of giving effect to any international agreement in relation to the facilitation of the international circulation of any commercial vehicles, the Minister may make such rules as may be expedient or necessary for carrying out this Part.

(2) Without prejudice to the generality of subsection (1), rules may be made for the following purposes:

(a) to recognize the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily into Malaysia by persons residing abroad and intending to make only a temporary stay in Malaysia, including loading and unloading of goods or passengers and transit;

(b) to regulate the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily abroad by persons residing in Malaysia and intending to make only a temporary stay abroad, including loading and

27 PART V APPEALS-27. Appeal to the Minister.

Subject to this Act, any person who-

(a) being an applicant for the grant or renewal of a licence or an intermediation business licence under this Act, is aggrieved by the decision of the Board on the application or by any condition imposed by the Board for a licence or an intermediation business licence granted by it; or

(b) being the holder of a licence or an intermediation business licence granted under this Act, is aggrieved by the revocation of such licence or intermediation business licence,

may, within ninety days from the date of service of the letter of decision of the Board or for such longer period as the Minister may prescribe, appeal in writing to the Minister against such decision setting out the grounds of appeal.

[Am. by Act A1553/2017; Act A1376]

28 PART V APPEALS-28. Minister's power to appoint appeal committee.

(1) The Minister may, where he deems it fit to do so, appoint a committee of two or more persons to consider an appeal under section 27 and to make to the Minister its recommendation with regard to the appeal.

(2) The Minister shall give such consideration as he thinks fit to the recommendations of the committee in arriving at his decision on the appeal.

29 PART V APPEALS-29. Order on appeal to be binding.

(1) Subject to this Act, in giving his decision on an appeal under section 27, the Minister may confirm, reverse or vary the decision of the Board after considering the written grounds of the decision as submitted by the Board to him.

[Am. Act A1024]

(2) The decision of the Minister on the appeal shall be arrived at on the basis of the documents relating to the appeal and there shall be no oral hearing of the appeal.

(3) The decision of the Minister under this section shall be binding and shall be final and conclusive.

30 PART V APPEALS-30. Instances where there is no right of appeal.

There shall be no right of appeal by any person where an application under this Act is refused under subsection 15(3), section 22 or 26C.

[Am. by Act A1553]

31 PART V APPEALS-31. Validity of licence extended in successful appeal.

Notwithstanding sections 17 and 26A, where the Minister allows in full an appeal against an order revoking a licence or an intermediation business licence granted under this Act, the validity of the licence or intermediation business licence shall thereupon be extended by a period corresponding to that during which the licence or intermediation business licence was of no effect and such extended period shall accordingly be inserted in the licence or intermediation business licence.

[Subs. by Act A1553]

32 PART V APPEALS-32. Prohibition of similar application when earlier application still pending appeal.

(1) Where an application is made under this Act and such an application is rejected or only granted in part and the applicant thereafter appeals against such a decision, he shall not subsequently make a similar application under this Act in respect of the same class and type of vehicle, irrespective of the number of vehicles so applied, until such appeal has been determined or disposed of by the Minister.

(2) In the event that any licence is granted either as a result of such appeal or subsequent application, or both, the licence so granted shall be deemed void.

33 PART VI OFFENCES AND PENALTIES-33. Prohibition of use of unlicensed public service vehicle.

Subject to this Act, no person shall use a motor vehicle or cause or permit a motor vehicle to be used as a public service vehicle unless there is in force in respect of such vehicle a licence granted under this Act authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto; and if he does so, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both:

[Am. Act A1024]

Provided that a person shall not be convicted of an offence against this section if he proves to the satisfaction of the court that he used the motor vehicle, the subject of the charge, as a taxi cab or hire car in an emergency for the purpose of conveying a sick or injured person to hospital or to bring medical aid to such person or for the purp

34 PART VI OFFENCES AND PENALTIES-34. Prohibition of use of unlicensed goods vehicle.

(1) Subject to this Act, no person shall use a goods vehicle or cause or permit a goods vehicle to be used for the carriage of goods unless there is in force a carrier's licence granted under this Act authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto, and if he does so he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding of not less than one thousand ringgit but not more than or to imprisonment for a term not exceeding one year or to both.

[Am. Act A1024]

(2) This section shall not apply-

(a) to the use of a public service vehicle in pursuance of a licence granted under this Act when used by the licence holder in accordance with such licence and any conditions attached thereto;

(b) to the use of a motor vehicle for the purpose of funerals;

(c) to the use o

35 PART VI OFFENCES AND PENALTIES-35. Use of goods vehicle for carriage of passengers to be licensed.

Subject to this Act, no person shall use a goods vehicle or cause or permit a goods vehicle to be used for the carriage of passengers unless there is in force a carrier's licence granted under this Act authorising such use, or otherwise than in accordance with such licence and any conditions attached thereto, and if he does so he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding of not less than one thousand ringgit but not more than or to imprisonment for a term not exceeding one year or to both.

[Am. Act A1024]

36 PART VI OFFENCES AND PENALTIES-36. Other transport interests to be disclosed by applicant.

(1) Without prejudice to section 15, any person who applies for a licence or for a variation of a licence or any of the conditions thereof shall disclose or furnish in the application form as prescribed-

(a) any other licence that has been issued to him under this Act;

(b) any financial interest whatsoever which he has in the business of any other person or company which provides facilities for the transport of passengers or goods within Malaysia;

(c) any such interest or right which any other person has in his business and in the case of an applicant being a company, any right which that other person has to nominate any director of the company.

(2) If the applicant fails to disclose the information required under subsection (1) or supplies, such information which to his knowledge is false or incorrect in whole or in part, he shall be guilty of an offence and shall on

37 PART VI OFFENCES AND PENALTIES-37. Information requested by the Board from licence holder.

(1) It shall be the duty of every person who holds any licence under this Act to supply when so requested by the Board, within a period of time as shall be determined by the Board, particulars-

(a) of any agreement or arrangement affecting in any material respect the provision of facilities for the transport of passengers or goods for hire or reward made by him with any other person by whom such facilities are provided, whether within or without Malaysia;

(b) of any financial interest whatsoever which any other person has in the business of the holder of a licence or the holder of an intermediation business licence, and in the case of the holder of a licence or the holder of an intermediation business licence being a company, of any right which that other person has to nominate any director of the company;

[Am. by Act A1553]

(c) of any interest or rights whic

38 PART VI OFFENCES AND PENALTIES-38. Alteration of authorised vehicle.

(1) The holder of a licence shall not make any alteration, other than by way of replacement of parts, to the structure or fixed equipment of an authorised vehicle without the approval of the Director General.

(2) If any person fails to comply with or contravenes this section, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

[Am. Act A1024]

39 PART VI OFFENCES AND PENALTIES-39. Transfer of licence prohibited.

(1) Subject to subsection (4), a licence granted under this Act shall be personal to the holder thereof, and shall not be transferred or assigned.

(2) Except with the previous consent of the Board, the holder of such licence shall not appoint an agent or attorney for the purpose of exercising any of the rights conferred on him and shall not cause or permit any such agent or attorney to exercise any such right.

(3) The holder of a licence granted under this Act who purports to transfer or assign the licence or causes or permits any other person to use an authorised vehicle or to provide the service authorised in the licence shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Am. Act A1024]

(4) The Board may, in the event of the death, in

40 PART VI OFFENCES AND PENALTIES-40. Records and returns.

(1) It shall be the duty of the holder of a licence granted under this Act to keep such accounts and records in relation thereto as may be prescribed and to furnish to the Board such records, accounts, financial and satistical returns or other documents for such period and in such manner as may be prescribed, together with such other particulars as may be required by the Board.

(2) It shall be the duty of the holder of such licence to keep such records in relation to the use of the authorised vehicle as may be prescribed.

(3) The Board or the Director General may, by notice in writing, require the holder of such licence to produce all or any such records, accounts, financial and statistical returns or other documents at such time and place as may be specified in such notice, and to vouch the same, and to afford the Board, Director General, a Board Officer or a road transport officer reasonable facilities for checking and examining such

41 PART VI OFFENCES AND PENALTIES-41. Abetment of offences.

Whoever abets the commission of an offence against this Act shall be punishable with the punishment provided for the offence.

42 PART VI OFFENCES AND PENALTIES-42. False statements.

(1) If any person-

(a) for the purpose of obtaining under the provisions of this Act the grant of any type or description of licence to himself or to any other person or the variation of any such licence, or for the purpose of preventing the grant or variation of any such licence or of procuring the imposition of any condition or limitation in relation to any such licence, makes any statement or declaration which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading;

(b) furnishes any particulars in relation to an application for the grant of a licence under this Act which to his knowledge are false or in any material respect misleading;

(c) makes any entry in a record, register or other document required to be issued, kept, maintained or furnished under this Act which is false or in any material respect misleading,

43 PART VI OFFENCES AND PENALTIES-43. Liability of registered owner and others.

(1) For the purpose of any prosecution or proceedings under this Act, the registered owner of a motor vehicle shall be deemed to be the owner of that motor vehicle.

(2) Except where otherwise provided by this Act, any act or omission by the servant, agent or partner of the registered owner shall, for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner, unless he satisfies the court that he has taken all reasonable steps and precautions to prevent such an act or omission.

(3) In the event of any act or omission by a servant, agent or partner of the registered owner which would have been an offence against this Act if committed by the registered owner, that servant, agent or partner shall also be guilty of that offence.

(4) Where the registered owner is a body corporate, any person who at the time of the commission of such offence was a director, general manager

43A PART VI OFFENCES AND PENALTIES-43A. Offences by body corporate.

(1) If a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management-

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves-

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he had taken all reasonable precaut

44 PART VI OFFENCES AND PENALTIES-44. Powers of the police in investigation.

Every police officer making an investigation under this Act may exercise any or all of the special powers in relation to police investigation in seizable cases conferred on such police officer by Chapter XIII of the Criminal Procedure Code, and the provisions of sections 112 to 114 of that Code shall apply to statements made by persons examined in the course of such investigation.

44A PART VI OFFENCES AND PENALTIES-44A. Powers of road transport officers in investigation.

(1) Every road transport officer making an investigation under this Act shall have the power to require information, whether orally or in writing, from any person supposed to be acquainted with the facts and circumstances of the case under investigation.

(2) Whoever, on being required by a road transport officer to give information under this section, refuses to comply with such request by the officer or furnishes as true, information which he knows or has reason to believe to be false, shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Am. Act A1024]

(3) When any such information is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted, or furnished

44B PART VI OFFENCES AND PENALTIES-44B. Power of Board Officer to investigate, etc.

A Board Officer shall have the power to investigate or to require any information, whether orally or in writing, from any person supposed to be acquainted with the facts and circumstances in relation to the commission of an offence under this Act or any other written law or breach of conditions attached to a licence or an intermediation business licence.

[Am. by Act A1553]

44C PART VI OFFENCES AND PENALTIES-44C. Power to seize document, etc.

(1) If any police officer or road transport officer or Board Officer has reasonable cause to believe that a document carried on a vehicle, or any licence, record or other document produced to him pursuant to this Act by thedriver or person in charge of a vehicle is a document, licence or record in relation to which an offence under this Act has been committed, he may seize or detach the document, licence or record from the vehicle.

(2) If the licence seized under subsection (1) is a licence which has been suspended under section 25, the licence shall be returned to the holder of the licence upon the expiry of the period of suspension.

[Ins. Act A1024]

45 PART VI OFFENCES AND PENALTIES-45. Who may prosecute.

Proceedings for an offence under this Act shall not be instituted or conducted except by or on behalf of the Public Prosecutor, by a police officer or a road transport officer.

45A PART VI OFFENCES AND PENALTIES-45A. Powers to order appearance in court.

(1) Where a police officer 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.

46 PART VI OFFENCES AND PENALTIES-46. Provisions as to evidence.

(1) A copy of a licence or an intermediation business licence granted under this Act, certified by the Chairman or any officer delegated by the Board to be a true copy of such licence or intermediation business licence, shall be admissible as evidence for all purposes for which the original of such copy would have been admissible had such original been produced and admitted as evidence, without proof of the signature or authority of the person signing the said licence or intermediation business licence or the copy thereof.

[Am. by Act A1553]

(2) When in any proceedings for an offence under this Act it is necessary to prove that any person was, or was not, the holder of a licence or intermediation business licence granted under this Act, a certificate purporting to be signed by the Chairman and certifying as to the matters aforesaid, shall be admissible as evidence and shall constitute prima facie proof of the fact

47 PART VI OFFENCES AND PENALTIES-47. Presumptions.

In any proceedings for an offence under this Act, in so far as it may be necessary to establish the offence charged, it shall be presumed until the contrary is proved-

(a) that any conveyance of persons or goods in a motor vehicle was for hire or reward;

(b) that the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them;

(c) that a vehicle is not an authorised vehicle;

(d) that any person is not the holder of a licence or an intermediation business licence issued under this Act in respect of a motor vehicle;

[Am. by Act A1553]

(e) that any person is not the holder of a licence or an intermediation business licence authorizing him to provide any particular service;

[Am. by Act A1553]

(f) that any person is not the holder of a

48 PART VI OFFENCES AND PENALTIES-48. Service and signature of notification or document.

(1) Any notification or document required to be given or served under this Act may, unless some other form of service is prescribed, be sent by registered post to the person affected thereby.

(2) Where a notification or document is served by registered post, it shall be deemed to have been served on the day succeeding the day on which the notification or document would have been received in the ordinary course of post, if the notification or document is addressed-

(a) in the case of a company incorporated in Malaysia, to the registered office of the company;

(b) in the case of a company incorporated outside Malaysia, either to the individual authorised to accept service of process under the Companies Act 1965, at the address filed with the Registrar of Companies or to the registered office of the company, wherever it may be situated;

(c) in the case of an individual or a body of pe

48A PART VI OFFENCES AND PENALTIES-48A. General offences and penalties.

(1) Any person who-

( a ) without reasonable excuse, proof of which penalties shall lie on him, refuses or fails to do anything that he is required to do under this Act;

( b ) without reasonable excuse, proof of which shall lie on him, fails to comply with the requirements of any notice served on him under this Act; or

( c ) without reasonable excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this Act,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under this Act shall, where no special penalty is provided, be liable in the case of a first conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six

49 PART VI OFFENCES AND PENALTIES-49. Powers to compound.

(1) Any of the following officers, that is to say-

(a) a Chief Police Officer or any police officer not below the rank of Inspector specially authorised in writing by name or by office in that behalf by the Minister charged with the responsibility for the police;

(b) the Director General or any road transport officer specially authorised in writing by name or by office in that behalf by the Director General,

may, in his discretion, compound any such offence against this Act as may be prescribed as an offence which may be compounded by such officer by collecting from the person reasonably suspected of having committed the same a sum of money not exceeding three hundred ringgit.

(2) The Minister may make rules to prescribe the offences which may be compounded and the method and procedure therefor.

50 PART VI OFFENCES AND PENALTIES-50. Officers not in uniform to produce identification cards.

(1) Every police officer and every road transport officer, if not in uniform when acting against any person under this Act, shall on demand, declare his office and produce to the person against whom he is acting such document establishing his identity as the Chief Police Officer may direct in the case of a police officer or as the Director General may direct in the case of a road transport officer, to be carried by a police officer and road transport officer respectively.

(2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any police officer or by a road transport officer not in uniform if such police officer or road transport officer refuses to declare his office and produce his identification document on demand being made by such person.

51 PART VII MISCELLANEOUS-51. Seizure.

(1) Any motor vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed any offence against subsection (3) of section 19, subsection (1)( b ) of section 20, section 33 or section 34 may be seized by any road transport officer or any police officer not below the rank of Inspector at any place.

[Am. Act A1024]

(2) When any motor vehicle has been seized under subsection (1), a road transport officer or a police officer not below the rank of Inspector may, at his discretion, temporarily return such vehicle to the owner of the same, on security being furnished to the satisfaction of such officer that the vehicle shall be surrendered to him on demand.

(3) An order for the forfeiture or for the release of any motor vehicle seized under subsection (1) shall be made by the court before which the prosecution with regard thereto has been held, and an order

51A PART VII MISCELLANEOUS-51A. Detention of vehicles.

(1) If any police officer in uniform or of road transport officer in uniform or Board Officer has reasonable cause to believe that the provisions of this Act have not been complied with in respect of any motor vehicle, he may require such vehicle to be stopped and may require the driver of such vehicle to drive it to some other place, and the vehicle may, if necessary, be detained by any police officer not below the rank of sergeant or any police officer in charge of a police station for the purpose of inspection by a police officer or a road transport officer a Board officer to ascertain whether the provisions of this Act have been complied with.

(2) No motor vehicle shall be detained under this section for a period exceeding forty-eight hours.

[Ins. Act A1024]

51B PART VII MISCELLANEOUS-51B. Determination of vehicle's weight.

(1) It shall be lawful for any police officer tion authorised in writing in that behalf by the Chief vehicle's weight. Police Officer, or any road transport officer authorised in writing in that behalf by the Director General or any Board Officer to require the person in charge of any motor vehicle to allow the motor vehicle to be weighed by such officer, either laden or unladen, and for the weight transmitted to the road by any part of the motor vehicle in contact with the road to be tested, and for that purpose may forthwith weigh the motor vehicle.

(2) Upon request by the person in charge of the motor vehicle, the authorised officer shall, after the completion of the weighing of such vehicle, issue a duplicate or copy of a certificate in respect of the weighing to the person.

(3) Any person in charge of any motor vehicle who refuses or fails to comply with the requirement under subsection (1), or removes its load or any part of it be

52 PART VII MISCELLANEOUS-52. Reservation of licences.

(1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may from time to time by order, give directions to the Board as may be required for the reservation of licences or intermediation business licences for Malays and natives in such proportion of the licences or intermediation business licences to be granted under this Act as the Yang di-Pertuan Agong may deem reasonable and the Board shall comply with such directions.

[Am. by Act A1553]

(2) A licence granted to a Malay or to a native by the Board in pursuance of directions given by the Yang di-Pertuan Agong under subsection (1), shall bear an endorsement as follows:

"Granted in pursuance of directions given under subsection (1) of section 52 of the Commercial Vehicles Licensing Board Act 1987".

Such endorsement shall be conclusive evidence that such licence or an intermediation business licence was granted in pursuance of s

53 PART VII MISCELLANEOUS-53. Limitation on number of specified classes of vehicles.

The Minister shall, from time to time as appears to him necessary or desirable and after consultation with the Minister charged with the responsibility for transport and the State Government or the Minister charged with the responsibility for the Federal Territory, as the case may be, fix the number of any class of public service vehicles which he considers should be authorised to be used to meet the reasonable needs of persons requiring the use of such vehicles.

54 PART VII MISCELLANEOUS-54. Classification and numbering of bus routes.

The Board may classify and number, in such manner as may be convenient, the routes in respect of which express, mini and stage bus licences are granted, and may publish a list of the routes so classified and numbered.

55 PART VII MISCELLANEOUS-55. Avoidance of contracts.

Any contract for the conveyance of a passenger in a public service vehicle shall, so far as it purports to negative or to restrict the liability of any person in respect of any claim which might otherwise be lawfully made against that person in respect of the death of or bodily injury to the passenger while being carried in, entering or alighting from the authorised vehicle or purports to impose any condition with respect to the enforcement of any such liability, be void.

56 PART VII MISCELLANEOUS-56. Rules.

(1) The Minister may make rules for any purpose for which rules may be made under this Act and for prescribing anything which may be prescribed under this Act, and generally for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:

(a) the forms to be used and the information to be furnished for any of the purposes of this Act;

(b) the procedure on applications and the determination of questions in connection with the grant, variation, surrender, suspension and revocation of licences or intermediation business licences and conditions attached to licences or intermediation business licences and in connection with appeals;

[Am. by Act A1553]

(c) the grant of licences or intermediation business licences and the issue of cop

57 PART VII MISCELLANEOUS-57. Repeal, transitional and saving.

(1) The Road Traffic Ordinance l958 and the Modification of Laws (Road Traffic Ordinance) (Extension and Modification) Order 1984 in so far as they relate to the licensing of commercial vehicles are hereby repealed:

[Am. Act A878]

Provided that all subsidiary legislations relating to the licensing of commercial vehicles made under the repealed Ordinance shall be deemed to have been made under this Act and shall continue to remain in force until amended, suspended or revoked thereunder:

Provided further that any licence, permit or any other document in respect of an authorised vehicle or any reduction of fees or any exemption issued or granted under the repealed Ordinance and in force immediately before the commencement of this Act shall, in so far as its issue or grant is not inconsistent with this Act, be deemed to have been issued or granted under this Act and shall continue in force until it expires, or

58 PART VII MISCELLANEOUS-58. Power of Minister to make additional provisions. etc.

The Minister may, by rules, make such provisions as he considers necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act, any such rule may be made so as to have effect as from the commencement of this Act.