LAND PUBLIC TRANSPORT ACT 2010
(1) This Act may be cited as the Land Public Transport Act 2010 .
(2) This Act applies to Peninsular Malaysia.
(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette , and the Minister may appoint different dates-
(a) for the coming into operation of this Act in different parts of Peninsular Malaysia;
(b) for the coming into operation of different provisions or Parts of this Act; or
(c) for the coming into operation of different provisions of this Act in different parts of Peninsular Malaysia.
In this Act, unless the context otherwise requires-
"this Act" includes any subsidiary legislation made under this Act;
"luggage" means such articles of personal use and convenience as are usually carried by passengers but does not, except in the case of commercial travellers, include articles which are carried for the purpose of business, trade or profit;
"goods" means goods or any burden of any description, but excludes luggage;
"area congestion pricing charge" means any direct charge specifically imposed for the use of roads in connection with any area congestion pricing scheme; "Government Entity" means-
(a) the Federal Government, or any State Government, State Au
3 PART II LAND PUBLIC TRANSPORT POLICIES, PLANNING AND STRATEGIES Chapter 1 - Policy And Planning-3. Function of Commission in relation to policy and planning for land public transport.
(1) The Commission shall advise the Minister on all matters relating to policy and planning with respect to land public transport.
(2) The Commission shall propose policies and plans, including schemes and programmes in relation to or affecting land public transport, for the approval of the Minister, and develop strategies in line with the approved policies and plans with a view to achieving a safe, reliable, efficient, responsive, accessible, planned, integrated and sustainable land public transport, while ensuring the provision of affordable services for the carriage of passengers and competitive services for the carriage of goods.
(3) Without prejudice to the generality of its obligations under subsection (2), the Commission shall develop, for the approval of the Minister-
(a) a twenty year national land public transport masterplan containing macro-level policies and plans, including schemes and programm
4 PART II LAND PUBLIC TRANSPORT POLICIES, PLANNING AND STRATEGIES Chapter 1 - Policy And Planning-4. Development of policies and plans.
In developing the policies and plans, including schemes and programmes described in section 3, the Commission shall-
(a) consult the State Governments;
(b) consult other Government Entities, where relevant;
(c) consult the National Physical Planning Council, where relevant;
(d) secure that its proposals conform generally to the National Physical Plan;
(e) secure that its proposals conform generally to the state structure plans under the Town and Country Planning Act 1976 for the time being in force, whether or not it has come into effect; and
(f) have regard-
(i) to national, regional and state policies; and
(ii) to any information and other considerations that appear to the Commission to be relevant or as directed by the Minister to be taken into account.
5 PART II LAND PUBLIC TRANSPORT POLICIES, PLANNING AND STRATEGIES Chapter 1 - Policy And Planning-5. Duties of Government Entities.
It shall be the duty of every Government Entity to-
(a) take cognisance of-
(i) such policies and plans, including schemes and programmes described in subsection 3(2) which are approved by the Minister and set out in circulars and guidelines issued by the Commission under this Act; and
(ii) the contents of the masterplans described in subsection 3(3) which are approved by the Minister; and
(b) give due consideration to policies, plans, strategies, initiatives and other recommendations proposed by the Commission in relation to or affecting land public transport, other than those falling within the scope of paragraph (a).
6 Chapter 2 - Licensing of Terminals-6. Licensing of terminals.
(1) Subject to sections 194 and 195, no person shall operate any terminal unless he holds a licence issued under this section.
(2) An application for a licence under this section shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Commission.
(3) The applicant shall provide to the Commission complete information of his financial standing to prove his ability to maintain and operate an adequate, satisfactory, safe and efficient terminal.
(4) Subject to this Act, the Commission may, on an application for a licence under this section-
(a) grant the application in full or in part or with such modifications as the Commission thinks fit, and, upon payment of the prescribed fee, issue a licence to the applicant; or
(b) refuse the applic
7 Chapter 2 - Licensing of Terminals-7. Renewal of licence.
(1) Subject to subsections (2) and (3), the Commission may, on an application by the terminal licensee, renew the licence on such conditions as the Commission thinks fit or refuse the application.
(2) An application for the renewal of a licence under subsection (1) shall be made at least ninety days before the date of expiry of the licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Commission.
(3) If the applicant fails to comply with subsection (2) and offers no reason which the Commission thinks reasonable, the Commission may refuse to proceed with, hear or determine such application.
(4) Where no application for renewal of a licence has been submitted, the terminal licensee shall within fourteen days from the date of expiry of the licence return the licence to the Commission.
8 Chapter 2 - Licensing of Terminals-8. Application for variation.
On an application by a terminal licensee for a variation of the licence or the conditions of the licence, the Commission 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 of the licence, other than the variation specified in the application.
9 Chapter 2 - Licensing of Terminals-9. Revocation or suspension of licence.
(1) The Commission may, by written notice to the terminal licensee and without any compensation, revoke or suspend any licence issued under section 6-
(a) if any of the provisions of this Act or any of the conditions of the licence has not been complied with;
(b) if the issuance of the licence was induced by a false representation of fact by or on behalf of the terminal licensee; or
(c) in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the terminal licensee or, where a receiver or manager is appointed in relation to the business of operating the terminal by the terminal licensee:
Provided that the Commission-
(A) in the case of paragraph (a) , may in lieu of revocation or suspension of the licence appoint a third party to rectify the non-compliance and recover the costs of such rectification fr
10 Chapter 2 - Licensing of Terminals-10. Transfer of licence prohibited.
(1) Subject to subsection (3), a licence issued under section 6 shall be personal to the terminal licensee thereof, and shall not be transferred or assigned.
(2) A terminal licensee 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 9(1) (c) , the Commission may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the terminal licensee or, where a receiver or manager is appointed in relation to the business of operating the terminal of such terminal licensee or, where for any reason the Commission is satisfied that it would be unjust not to do so, authorize the transfer of such licence.
11 Chapter 2 - Licensing of Terminals-11. Duty of terminal licensee to keep records, etc .
(1) It shall be the duty of a terminal licensee to keep such accounts and records as required by rules made by the Commission under paragraph 253(1) (mm) in relation to the licence issued to him.
(2) A terminal licensee 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 six months or to both.
12 Chapter 2 - Licensing of Terminals-12. Duty of terminal licensee to inform Commission.
(1) It shall be the duty of every terminal licensee, at all times, to inform the Commission immediately of the following matters:
(a) any proceedings or claims instituted or made against the terminal licensee which might have an adverse effect on his financial condition or on his ability to perform any condition under the licence;
(b) any reprimands or fines imposed on the terminal licensee by any Government Entity; and
(c) any change in control of the terminal licensee.
(2) For the purposes of this section, "control" in relation to a terminal licensee, means having the power, directly or indirectly, to direct the management and policy of the terminal licensee.
(3) A terminal licensee 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 ring
13 Chapter 3 - Area Congestion Pricing Schemes, Route Planning, Etc-13. Area congestion pricing schemes.
(1) Notwithstanding anything in any other written law, the Minister may, by order published in the Gazette , prescribe the area congestion pricing charge to be paid by users of roads situated within any designated area, provided that an order in respect of any road situated within the jurisdiction of an appropriate.
authority described in paragraphs 67 (a) , (b) , (c) and (e) of the Road Transport Act 1987 shall be made with the concurrence of that appropriate authority.
(2) An order under subsection (1) shall specify-
(a) the parts of the roads in a designated area in respect of which an area congestion pricing charge may be demanded, collected and retained;
(b) the person authorized to demand and collect, and the person authorized to retain, the area congestion pricing charge, including the duration of such authorization;
(c) the d
14 Chapter 3 - Area Congestion Pricing Schemes, Route Planning, Etc-14. Prohibition or restriction of use of roads to facilitate the movement of goods vehicles.
(1) Without prejudice to section 13, the Commission may, by order published in the Gazette , prohibit or restrict the use of specified roads by prescribed vehicles within specified times to facilitate the movement of goods vehicles, provided that an order in respect of any road situated within the jurisdiction of an appropriate authority shall be made with the concurrence of that appropriate authority.
(2) A person who contravenes an order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
15 Chapter 3 - Area Congestion Pricing Schemes, Route Planning, Etc-15. Duty to consult Commission in relation to prescribed actions.
(1) Subject to subsection (2), it shall be the duty of every Government Entity to consult the Commission before undertaking any of the following actions, as may be authorized under any written law for any reason as may be prescribed therein:
(a) the prohibition or restriction, not being part of any area congestion pricing scheme or any order made under section 13, of any class or description of motor vehicles, or motor vehicles with a certain number of passengers, whether on a permanent basis or for such period of time as may be specified, from using any specified road situated within the jurisdiction of the relevant Government Entity;
(b) the diversion of any road as a result of road works, drainage or other public or utility works or accidents not falling within paragraph (a) ;
(c) regulating the conditions subject to which, and the times at which, articles of exceptionally heavy
16 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-16. Requirement for operator's licence.
(1) Subject to sections 194 and 195, no person shall operate or provide a public service vehicle service using a class of public service vehicles unless he holds an operator's licence issued under this Chapter.
(2) For the purposes of this Chapter, a person is deemed to be operating or providing a public service vehicle service if he-
(a) uses or drives a public service vehicle of a class of public service vehicles himself; or
(b) employs one or more persons to use or drive a public service vehicle of a class of public service vehicles,
to operate or provide a public service vehicle service, and-
(a) he owns the said public service vehicle; or
(b) he is responsible, under any form of arrangement with the owner or lessor of the said public service vehicle to manage, maintain or operate such public service vehicle.
17 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-17. Application for operator's licence.
(1) An application for an operator's licence under this Chapter shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee.
(2) The applicant shall give to the Commission the following information in relation to the application:
(a) complete information on the details of the routes which are related to the application and the proposed frequency of the services to be provided;
(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;
(d) the class and maximum number of public service vehicles of that class to be operated by the applicant;
(e) the proposed fares or fares structure and surchar
18 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-18. Issuance of operator's licence.
(1) Subject to this Act, the Commission may, on an application for an operator's licence under this Chapter-
(a) grant the application in full or in part or with such modifications as the Commission thinks fit, and upon payment of the prescribed fee, issue an operator's licence to the applicant; or
(b) refuse the application.
(2) The issuance of an operator's licence by the Commission under subsection (1) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the licensed operator.
19 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-19. Duration of operator's licence.
An operator's licence issued under this Chapter shall, unless replaced or revoked, continue in force for such period as may be determined by the Commission, provided that such period shall not exceed seven years.
20 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-20. Short term operator's licence.
(1) Where an application has been made for an operator's licence under this Chapter, the Commission may, if for administrative reasons or on the ground of the urgency of the matter it thinks it is desirable so to do pending the determination of the application, issue to the applicant a short term operator's licence for such period and subject to such conditions as it thinks fit.
(2) A short term operator's licence shall cease to have effect from the date on which the Commission gives its decision on the application, and in no case shall have effect for more than twelve months.
21 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-21. Temporary change of use of public service vehicle.
Notwithstanding anything contained in this Act, the Commission may, on an application by a licensed operator, authorize for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the licensed operator of a particular class of public service vehicles to use a public service vehicle of any other class.
22 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-22. Conditions which may be attached to operator's licence.
(1) Subject to this Act, the Commission may attach to an operator's licence issued under this Chapter such conditions as it may think fit, and in particular-
(a) that the licensed operator shall, in connection with his operator's licence, only use-
(i) public service vehicles of the class of public service vehicles as specified in the operator's licence; and
(ii) such number of public service vehicles of that class of public service vehicles as may be determined by the Commission, having regard in particular, to such limitations as may be determined by the Minister pursuant to section 33,
to operate or provide the public service vehicle service as specified in the operator's licence; and
(b) that the licensed operator shall have such duties, rights, obligations or restrictions as may be imposed by the Commission in respect of the public service vehicle ser
23 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-23. Statutory conditions of operator's licence.
(1) It shall be a condition of every operator's licence issued under this Chapter-
(a) that the public service vehicle is maintained in a fit and serviceable condition as determined by the Director General;
(b) that the licensed operator and his employees driving the public service vehicle accord the utmost priority to the safety of passengers and other road users and shall, in particular, ensure that all the provisions of this Act and all other written laws with respect to the matters described below are duly complied with in relation to the public service vehicle or in connection with the use or operation thereof:
(i) speed limits imposed in respect of the public service vehicles or classes thereof;
(ii) weight laden and unladen and loading of public service vehicles; and
(iii) construction, use and equipment of motor vehicles in general and, of public service vehicle
24 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-24. Renewal of operator's licence.
(1) Subject to subsection (2), any licensed operator under this Chapter, who satisfies the Commission that since the date of issuance of the operator's licence, he has lawfully and continuously provided in a satisfactory and efficient manner a public service vehicle service in accordance with the terms and conditions of the operator's licence, shall on application to the Commission for renewal of the operator's licence, be given preference over all other applications for an operator's licence to carry on such service or business of operating or providing such service that is substantially the same as that which the licensed operator has been operating or providing.
(2) Subject to subsections (3) and (4), the Commission may, on an application by the licensed operator, renew the operator's licence on such conditions as the Commission thinks fit or refuse the application.
(3) An application for the renewal of an operator's licence under su
25 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-25. Documents required for renewal of operator's licence.
(1) An application for renewal of an operator's licence to operate or provide a public service vehicle service shall be accompanied with the following 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 carried;
(ii) the total number of operation and revenue mileage;
(iii) the total actual number of trips operated and scheduled;
(iv) the estimated number of public service vehicles that are required to provide efficient service for a particular route; and
(v) evidence of compliance with the condition referred to in paragraph 23(1) (a) and such other relevant approvals or licences as may be granted by the relevant authorities as may be specified by the Commission.
(2) Notwithstanding subsection (1), the C
26 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-26. Application for variation.
Subject to this Act, on an application by the licensed operator for a variation of the operator's licence or the conditions of the operator's licence, the Commission 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 operator's licence or the conditions of the operator's licence other than the variation specified in the application.
27 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-27. Revocation or suspension of operator's licence.
(1) The Commission may, by written notice to the licensed operator and without any compensation, revoke or suspend an operator's licence issued under this Chapter-
(a) if any of the provisions of this Act or any of the conditions of the operator's licence has not been complied with;
(b) if the issuance of the operator's licence was induced by a false representation of fact by or on behalf of the licensed operator;
(c) in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating or providing the public service vehicle service of such licensed operator; or
(d) if it is satisfied that the public service vehicle used in connection with the operator's licence to operate or provide the public service vehicle service issued under this Chap
28 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-28. Prohibition in relation to suspended operator's licence.
(1) A licensed operator whose operator's licence has been suspended under section 27 shall not, during the period of suspension, operate or provide the public service vehicle service authorized by such operator's licence or otherwise use, or cause or permit the use of any public service vehicle authorized to be used under the terms of such operator's licence.
(2) A licensed operator 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.
29 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-29. Power of Commission to replace operator's licence.
(1) The Commission shall, in the exercise of its discretion, have the power to replace an operator's licence to operate or provide a public service vehicle service using a class of public service vehicles with an operator's licence to operate or provide a public service vehicle service using a different class of public service vehicles, if the Commission is satisfied that there is a need for the carriage of passengers by a class of public service vehicles that is different from the class of public service vehicles specified in the operator's licence issued under this Chapter for the purpose of-
(a) reorganizing or consolidating the public service vehicle services operated or provided by licensed operators of different classes of public service vehicles; or
(b) reorganizing or consolidating the public service vehicle services operated or provided by licensed operators of the same class of public service veh
30 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-30. Other transport interests to be disclosed by applicant.
(1) Without prejudice to section 17 or 26, any person who applies for an operator's licence or for a variation of an operator's licence or any of the conditions thereof shall disclose or furnish in the application form as determined by the Commission-
(a) any other licence or operator's 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 who provides services or facilities for land public transport within Peninsular Malaysia; and
(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) Where the applicant for an operator's licence under this Chapter fails to disclose the information required under subsection (1), he commits an offence
31 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-31. Transfer of operator's licence prohibited.
(1) Subject to subsection (3), an operator's licence issued under this Chapter shall be personal to the licensed operator thereof, and shall not be transferred or assigned.
(2) A licensed operator 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 27(1) (c) , the Commission may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating or providing public service vehicle services of such licensed operator or, where for any reason the Commission is satisfied that it would be unjust not to do so, authorize the transfer of such operator's licence.
32 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-32. Reservation of operator's licences.
(1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may from time to time by order, give directions to the Commission as may be required for the reservation of operator's licences for Malays and natives in such proportion of the operator's licences to be issued to operators of public service vehicle services under this Chapter as the Yang di-Pertuan Agong may deem reasonable, and the Commission shall comply with such directions.
(2) An operator's licence issued to a Malay or native by the Commission 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 32(1) of the Land Public Transport Act 2010.".
(3) The endorsement in subsection (2) shall be conclusive evidence that such operator's licence was issued in pursuance of such directions.
(4) The C
33 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-33. Limitation on number of specified classes of public service vehicles.
The Minister shall, from time to time as appears to him necessary or desirable and after consultation with the Minister responsible for transport and the State Government or the Minister responsible for the Federal Territory, as the case may be, fix the number of any class of public service vehicles which he considers should be authorized to be used to meet the reasonable needs of persons requiring the use of such vehicles in any particular area.
34 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-34. Classification and numbering of bus routes.
The Commission may classify and number, in such manner as may be convenient, the routes in respect of which operator's licences to operate express buses, mini buses and stage buses are issued under this Chapter, and may publish a list of the routes so classified and numbered.
35 PART III PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS VEHICLES Chapter 1 - Licensing of Operators of Public Service Vehicle Services-35. Protection of public interest.
Save as otherwise expressly provided, nothing in this Chapter shall be deemed to confer on the licensed operator any right to the continuance of any benefits arising from the provisions of this Chapter, or from any operator's licence issued or deemed to be issued thereunder or from any of the conditions attached to any such operator's licence.
36 Chapter 2 - Licensing of Tourism Vehicles-36. Requirement for licence.
(1) Subject to sections 194 and 195, no person shall carry out or hold himself out as carrying on a tourism vehicle business except a company which is licensed as a tourism enterprise under the Tourism Industry Act 1992 and which holds a valid licence issued by the Commission under this Chapter in respect of each tourism vehicle used in such tourism vehicle business.
(2) A person may be the holder of two or more licences issued under this Chapter.
(3) Subsection (1) does not apply to the use of any tourism vehicle or class of tourism vehicles as may be prescribed.
(4) Subject to subsection (3), a person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day
37 Chapter 2 - Licensing of Tourism Vehicles-37. Application for licence.
(1) An application for a licence under this Chapter shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee.
(2) Every application under subsection (1) shall be accompanied by such documents or information as may be determined by the Commission and the Commission may, orally or in writing at any time after receiving the application and before it is determined, require the applicant to provide such additional documents or information as may be considered necessary by the Commission for the purposes of determining the suitability of the applicant for the licence.
(3) The Commission may refuse to register, proceed with or hear or determine an application, and may require that the application be appropriately amended or completed and resubmitted or that a fresh application be submitted in its place if-
(a) the application
38 Chapter 2 - Licensing of Tourism Vehicles-38. Issuance of licence.
(1) Subject to this Act, the Commission may, upon an application for a licence under this Chapter-
(a) grant the application in full or in part or with such modifications as the Commission thinks fit, and upon payment of the prescribed fee, issue a licence to the applicant; or
(b) refuse the application.
(2) The issuance of a licence by the Commission under subsection (1) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the licensee.
39 Chapter 2 - Licensing of Tourism Vehicles-39. Duration of licence.
A licence issued under this Chapter shall, unless replaced or revoked, continue in force for such period as may be determined by the Commission, provided that such period shall not exceed three years.
40 Chapter 2 - Licensing of Tourism Vehicles-40. Short term licence.
(1) Where an application has been made for a licence under this Chapter, the Commission may, if for administrative reasons or on the ground of the urgency of the matter it thinks it is desirable so to do pending the determination of the application, issue 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 Commission gives its decision on the application, and in no case shall have effect for more than six months.
41 Chapter 2 - Licensing of Tourism Vehicles-41. Conditions which may be attached to licence.
(1) Subject to this Act, the Commission may attach to a licence issued under this Chapter such conditions as it may think fit, and in particular-
(a) that the licensee shall, in connection with its licence, only use, cause or permit the use of the tourism vehicle specified in the licence; and
(b) that the licensee shall have such duties, rights, obligations or restrictions as may be imposed by the Commission in respect of the use of the tourism vehicle including-
(i) the conduct of the drivers of the tourism vehicle;
(ii) the measures to safeguard the safety of passengers and other road users, including the maximum number of passengers which can be carried on the tourism vehicle;
(iii) the type of documents and information as specified by the Commission to be carried or displayed on each tourism vehicle, and which may be liable for inspection; and
(iv) the requi
42 Chapter 2 - Licensing of Tourism Vehicles-42. Statutory conditions of licence.
(1) It shall be a condition of every licence issued under this Chapter-
(a) that the tourism vehicle is maintained in a fit and serviceable condition as determined by the Director General;
(b) that the licensee and its employees driving the tourism vehicle accord the utmost priority to the safety of passengers, tourist guides on board the tourism vehicle and other road users and shall, in particular, ensure that all the provisions of this Act and all other written laws with respect to the matters described below are duly complied with in relation to the tourism vehicle or in connection with the use or operation thereof:
(i) speed limits imposed in respect of tourism vehicles or classes thereof, as applicable;
(ii) weight laden and unladen of tourism vehicles; and
(iii) construction, use and equipment of motor vehicles in general and, of tourism vehicles in particular, a
43 Chapter 2 - Licensing of Tourism Vehicles-43. Renewal of licence.
(1) Subject to subsection (2), any licensee under this Chapter who satisfies the Commission that since the date of issuance of the licence, it has lawfully and continuously provided in a satisfactory and efficient manner a tourism vehicle service in accordance with the terms and conditions of the licence, shall on application to the Commission for renewal of the licence, be given preference over all other applications for a licence to carry on such service or business of providing such service that is substantially the same as that which the licensee has been providing.
(2) Subject to subsections (3) and (4), the Commission may, on application of the licensee, renew the licence on such conditions as the Commission thinks fit or refuse the application.
(3) An application for renewal of a licence under subsection (1) shall be made at least ninety days before the date of expiry of the existing licence and shall be accompanied by the prescr
44 Chapter 2 - Licensing of Tourism Vehicles-44. Application for variation.
Subject to this Act, on an application by the licensee for a variation of the licence or the conditions of the licence, the Commission 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 conditions of the licence other than the variation specified in the application.
45 Chapter 2 - Licensing of Tourism Vehicles-45. Revocation or suspension of licence.
(1) The Commission may, by written notice to the licensee and without any compensation, revoke or suspend a licence issued under this Chapter-
(a) if any of the provisions of this Act or any of the conditions of the licence has not been complied with;
(b) if the issuance of the licence was induced by a false representation of fact by or on behalf of the licensee;
(c) in the event of liquidation of the licensee or, where a receiver or manager is appointed in relation to the business of providing a tourism vehicle service of such licensee; or
(d) if it is satisfied that the tourism vehicle in respect of which a licence has been issued under this Chapter 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 Commission-
(a)
46 Chapter 2 - Licensing of Tourism Vehicles-46. Prohibition in relation to suspended licence.
(1) A licensee whose licence has been suspended under section 45 shall not, during the period of suspension, use, or cause or permit the use of the tourism vehicle to which the licence relates.
(2) A licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
47 Chapter 2 - Licensing of Tourism Vehicles-47. Prohibition of use of unlicensed tourism vehicle.
(1) No person shall use a motor vehicle or cause or permit a motor vehicle to be used as a tourism vehicle unless there is in force in respect of such vehicle a licence issued under this Chapter authorizing such use, or otherwise than in accordance with such licence and any conditions attached thereto.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
48 Chapter 2 - Licensing of Tourism Vehicles-48. Other transport interests to be disclosed by applicant.
(1) Without prejudice to section 37 or 44, 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 determined by the Commission-
(a) any other licence or operator's licence that has been issued to it under this Act;
(b) any financial interest whatsoever which it has in the business of any other person who provides services or facilities for land public transport within Peninsular Malaysia; and
(c) any such interest or right which any other person has in its business and any right which that other person has to nominate any director of the company of the applicant.
(2) Where the applicant for a licence under this Chapter fails to disclose the information required under subsection (1), he commits an offence and shall, on conviction, be liable to a fine not exceeding five t
49 Chapter 2 - Licensing of Tourism Vehicles-49. Transfer of licence prohibited.
(1) Subject to subsection (3), a licence issued under this Chapter shall be personal to the licensee thereof, and shall not be transferred or assigned.
(2) A licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) Notwithstanding paragraph 45(1) (c) , the Commission may, in the event of liquidation of the licensee or, where a receiver or manager is appointed in relation to the business of providing a tourism vehicle service of such licensee or, where for any reason the Commission is satisfied that it would be unjust not to do so, authorize the transfer of such licence.
50 Chapter 2 - Licensing of Tourism Vehicles-50. Protection of public interest.
Save as otherwise expressly provided, nothing in this Chapter shall be deemed to confer on the licensee any right to the continuance of any benefits arising from this Chapter, or from any licence issued or deemed to be issued thereunder or from any of the conditions attached to any such licence.
51 Chapter 3 - Licensing of Operators of Goods Vehicle Services-51. Requirement for operator's licence.
(1) Subject to sections 194 and 195, no person shall operate or provide a goods vehicle service using a class of goods vehicles for the carriage of goods-
(a) for hire or reward; or
(b) for or in connection with any trade or business,
unless he holds an operator's licence issued under this Chapter.
(2) For the purposes of this Chapter, a person is deemed to be operating or providing a goods vehicle service if he-
(a) uses or drives a goods vehicle of a class of goods vehicles himself; or
(b) employs one or more persons to use or drive a goods vehicle of a class of goods vehicles,
to operate or provide a goods vehicle service, and-
(a) he owns the said goods vehicle; or
(b) he is responsible, under any form of arrangement with the owner or lessor of the said goods
52 Chapter 3 - Licensing of Operators of Goods Vehicle Services-52. Application for operator's licence.
(1) An application for an operator's licence under this Chapter shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee.
(2) The applicant shall give to the Commission the following information in relation to the application:
(a) complete information on the details of the routes which are related to the application;
(b) a letter of approval from the relevant local authority regarding the usage of stands or terminal facilities in the area of administration of the local authority where the route is located;
(c) a justification report for the route;
(d) the class and maximum number of goods vehicles of that class to be operated by the applicant;
(e) the proposed rates or rates structure and surcharges, if any, to be imposed for the carriage of goods by the goods
53 Chapter 3 - Licensing of Operators of Goods Vehicle Services-53. Issuance of operator's licence.
(1) Subject to this Act, the Commission may, upon an application for an operator's licence under this Chapter-
(a) grant the application in full or in part or with such modifications as the Commission thinks fit, and upon payment of the prescribed fee, issue an operator's licence to the applicant; or
(b) refuse the application.
(2) The issuance of an operator's licence by the Commission under subsection (1) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the licensed operator.
54 Chapter 3 - Licensing of Operators of Goods Vehicle Services-54. Duration of operator's licence.
An operator's licence issued under this Chapter shall, unless replaced or revoked, continue in force for such period as may be determined by the Commission, provided that such period shall not exceed seven years.
55 Chapter 3 - Licensing of Operators of Goods Vehicle Services-55. Short term operator's licence.
(1) Where an application has been made for an operator's licence under this Chapter, the Commission may, if for administrative reasons or on the ground of the urgency of the matter it thinks it is desirable so to do pending the determination of the application, issue to the applicant a short term operator's licence for such period and subject to such conditions as it thinks fit.
(2) A short term operator's licence shall cease to have effect from the date on which the Commission gives its decision on the application, and in no case shall have effect for more than twelve months.
56 Chapter 3 - Licensing of Operators of Goods Vehicle Services-56. Temporary change of use of goods vehicle.
Notwithstanding anything contained in this Act, the Commission may, on an application by a licensed operator, authorize for a period not exceeding three months and subject to such conditions as it thinks fit to impose, the licensed operator of a particular class of goods vehicles to use a goods vehicle of any other class.
57 Chapter 3 - Licensing of Operators of Goods Vehicle Services-57. Conditions which may be attached to operator's licence.
(1) Subject to this Act, the Commission may attach to an operator's licence issued under this Chapter such conditions as it may think fit, and in particular-
(a) that the licensed operator shall, in connection with his operator's licence, only use the goods vehicles of the class of goods vehicles specified in the operator's licence to operate or provide the goods vehicle service specified in the operator's licence; and
(b) that the licensed operator shall have such duties, rights, obligations or restrictions as may be imposed by the Commission, including-
(i) that the goods vehicle shall or shall not be used in specified areas or between specified places or during specified times;
(ii) that the goods vehicle shall or shall not be operated in areas other than the areas for which the operator's licence was issued;
(iii) that certain classes or description of goods only sh
58 Chapter 3 - Licensing of Operators of Goods Vehicle Services-58. Statutory conditions of operator's licence.
(1) It shall be a condition of every operator's licence issued under this Chapter-
(a) that the goods vehicle is maintained in a fit and serviceable condition as determined by the Director General;
(b) that the licensed operator and his employee driving the goods vehicle accord the utmost priority to the safety of passengers on board the goods vehicle, if applicable, and other road users and shall, in particular, ensure that all the provisions of this Act and all other written laws with respect to the matters described below are duly complied with in relation to the goods vehicle or in connection with the use or operation thereof:
(i) speed limits imposed in respect of the goods vehicles or classes thereof;
(ii) weight laden and unladen and, loading and unloading, of the goods vehicles; and
(iii) construction, use and equipment of motor vehicles in general and, of goods
59 Chapter 3 - Licensing of Operators of Goods Vehicle Services-59. Renewal of operator's licence.
(1) Subject to subsection (2), any licensed operator under this Chapter, who satisfies the Commission that since the date of issuance of the operator's licence, he has lawfully and continuously provided in a satisfactory and efficient manner a goods vehicle service in accordance with the terms and conditions of the operator's licence, shall on application to the Commission for renewal of the operator's licence, be given preference over all other applications for an operator's licence to carry on such service or business of operating or providing such service that is substantially the same as that which the licensed operator has been operating or providing.
(2) Subject to subsections (3) and (4), the Commission may, on an application by the licensed operator, renew the operator's licence on such conditions as the Commission thinks fit or refuse the application.
(3) An application for renewal of an operator's licence under subsection (1)
60 Chapter 3 - Licensing of Operators of Goods Vehicle Services-60. Documents required for renewal of operator's licence.
(1) An application for renewal of an operator's licence shall be accompanied with the following documents:
(a) an audited financial statement of the applicant; and
(b) a performance report of the previous year relating to-
(i) the total volume of goods carried;
(ii) the total number of goods vehicle in operation and freight revenue;
(iii) the total actual number of trips operated and scheduled;
(iv) the estimated number of goods vehicles that are required to provide efficient service for a particular route; and
(v) evidence of compliance with the condition referred to in paragraph 58(1) (a) and such other relevant approvals or licences as may be granted by the relevant authorities as may be specified by the Commission.
(2) Notwithstanding subsection (1), the Commission may require any additional documents to be
61 Chapter 3 - Licensing of Operators of Goods Vehicle Services-61. Application for variation.
Subject to this Act, on an application by the licensed operator for a variation of the operator's licence or the conditions of the operator's licence, the Commission 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 operator's licence or the conditions of the operator's licence other than the variation specified in the application.
62 Chapter 3 - Licensing of Operators of Goods Vehicle Services-62. Revocation or suspension of operator's licence.
(1) The Commission may, by written notice to the licensed operator and without any compensation, revoke or suspend an operator's licence issued under this Chapter-
(a) if any of the provisions of this Act or any of the conditions of the operator's licence has not been complied with;
(b) if the issuance of the operator's licence was induced by a false representation of fact by or on behalf of the licensed operator;
(c) in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating or providing the goods vehicle service of such licensed operator; or
(d) if it is satisfied that the goods vehicle used in connection with the operator's licence issued under this Chapter has been or is intended to be used for an unlawful purpose or that the
63 Chapter 3 - Licensing of Operators of Goods Vehicle Services-63. Prohibition in relation to suspended operator's licence.
(1) A licensed operator whose operator's licence has been suspended under section 62 shall not, during the period of suspension, operate or provide the goods vehicle service authorized by such operator's licence or otherwise use, or cause or permit the use of any goods vehicle authorized to be used under the terms of such operator's licence.
(2) A licensed operator 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.
64 Chapter 3 - Licensing of Operators of Goods Vehicle Services-64. Power of Commission to replace operator's licence.
(1) The Commission shall, in the exercise of its discretion, have the power to replace an operator's licence to operate or provide a goods vehicle service using a class of goods vehicles with an operator's licence to operate or provide a goods vehicle service using a different class of goods vehicles, if the Commission is satisfied that there is a need for the carriage of goods by a class of goods vehicles that is different from the class of goods vehicles authorized to be used under the operator's licence issued under this Chapter for the purpose of-
(a) reorganizing or consolidating the goods vehicle services operated or provided by the licensed operators of different classes of goods vehicles; or
(b) reorganizing or consolidating the goods vehicle services operated or provided by the licensed operators of the same class of goods vehicles.
(2) Before replacing an operator's licence
65 Chapter 3 - Licensing of Operators of Goods Vehicle Services-65. Other transport interests to be disclosed by applicant.
(1) Without prejudice to section 52 or 61, any person who applies for an operator's licence or for a variation of an operator's licence or any of the conditions thereof shall disclose or furnish in the application form as determined by the Commission-
(a) any other licence or operator's 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 who provides services or facilities for land public transport within Peninsular Malaysia; and
(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) Where the applicant for an operator's licence under this Chapter fails to disclose the information required under subsection (1), he commits an offence
66 Chapter 3 - Licensing of Operators of Goods Vehicle Services-66. Transfer of operator's licence prohibited.
(1) Subject to subsection (3), an operator's licence issued under this Chapter shall be personal to the licensed operator thereof, and shall not be transferred or assigned.
(2) A licensed operator 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 62(1) (c) , the Commission may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating or providing the goods vehicle service of such licensed operator or, where for any reason the Commission is satisfied that it would be unjust not to do so, authorize the transfer of the operator's licence.
67 Chapter 3 - Licensing of Operators of Goods Vehicle Services-67. Reservation of operator's licences.
(1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may, from time to time by order, give directions to the Commission as may be required for the reservation of operator's licences for Malays and natives in such proportion of the operator's licences to be issued under this Chapter to persons carrying on as their principal business, a business of carriage of goods for any third party for hire or reward by means of a goods vehicle as the Yang di-Pertuan Agong may deem reasonable, and the Commission shall comply with such directions.
(2) An operator's licence issued to a Malay or native by the Commission 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 67(1) of the Land Public Transport Act 2010.".
(3) The endorsement in subsection (2) shall be conclu
68 Chapter 3 - Licensing of Operators of Goods Vehicle Services-68. Protection of public interest.
Save as otherwise expressly provided, nothing in this Chapter shall be deemed to confer on the licensed operator any right to the continuance of any benefits arising from the provisions of this Chapter, or from any operator's licence issued or deemed to be issued thereunder or from any of the conditions attached to any such operator's licence.
69 Chapter 4 - Duties of Licensee and Licensed Operator-69. Standards of performance for licensed operator.
(1) It shall be the duty of a licensed operator under this Part to operate or provide public service vehicle services or goods vehicle services, as the case may be, authorized in his operator's licence to meet the relevant standards of performance for such public service vehicle service or goods vehicle service provided by him.
(2) The Commission may make rules on the standards of performance in connection with the operation or provision of public service vehicle services or goods vehicle services, as the case may be, as in its opinion ought to be achieved by a licensed operator.
(3) Without prejudice to the generality of subsection (2), rules made under that subsection may-
(a) make provisions for procedures to be followed for the enforcement of the standards of performance; and
(b) provide circumstances in which a licensed operator may be exempted from complying with the standards of perf
70 Chapter 4 - Duties of Licensee and Licensed Operator-70. Application by licensed operator for approval to participate in business or agreement.
(1) If a licensed operator operating or providing a public service vehicle service or goods vehicle service is a company, partnership or firm that intends to participate in any business or agreement that would cause-
(a) any change in the equity structure; or
(b) any change in the members of the board of directors of the company, or the partners of the partnership or firm, as the case may be,
the licensed operator shall obtain the approval of the Commission before participating in the business or agreement.
(2) The Commission may, upon receipt of the application under subsection (1), approve or reject the application and, if the Commission approves the application, it may impose any condition as it thinks fit.
(3) A licensed operator operating or providing a public service vehicle service or goods vehicle service, as the case may be, who fails to comply with this secti
71 Chapter 4 - Duties of Licensee and Licensed Operator-71. Duty of licensee and licensed operator to keep records, etc .
(1) It shall be the duty of every licensee and licensed operator under this Part to keep such-
(a) accounts and records as required by rules made by the Commission under paragraph 253(1) (mm) in relation to the licence or operator's licence issued to it or him; and
(b) records in relation to the use of relevant vehicles as may be required by rules made by the Commission under paragraph 253(1) (mm) .
(2) A licensee who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) A licensed operator 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
72 Chapter 4 - Duties of Licensee and Licensed Operator-72. Duty of licensee and licensed operator to inform Commission.
(1) It shall be the duty of every licensee and licensed operator under this Part, at all times, to inform the Commission immediately of the following matters:
(a) any proceedings or claims instituted or made against the licensee or licensed operator which might have an adverse effect on its or his financial condition or on its or his ability to perform any condition under the licence or operator's licence; and
(b) any reprimands or fines imposed on the licensee or licensed operator by any Government Entity.
(2) It shall further be the duty of every licensee and licensed operator under this Part to supply when so requested by the Commission, within a period of time as shall be determined by the Commission, particulars-
(a) of any agreement or arrangement affecting in any material respect the provision of facilities for the conveyance of tourists, carriage
73 Chapter 4 - Duties of Licensee and Licensed Operator-73. Alteration of relevant vehicle.
(1) A licensee and licensed operator, and its or his employees, shall not make any alteration, other than by way of replacement of parts, to the structure or fixed equipment of a relevant vehicle without the approval of the Director General.
(2) A licensee or its employee who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) A licensed operator or his employee 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 six months or to both.
74 Chapter 4 - Duties of Licensee and Licensed Operator-74. Submission of reports, accounts, etc .
(1) Without prejudice to section 207, every licensee and licensed operator shall, within three months after the end of each financial year of the licensee and licensed operator or such longer period as the Commission may allow, furnish the Commission with all such information relating to any matter which-
(a) is connected with the carrying out by the licensee or licensed operator of their respective licensed activities; or
(b) is material to the carrying out by the Commission of any of its powers under this Act,
as the Commission may require or as may be set out in rules made by the Commission under paragraph 253(1) (n) .
(2) Without prejudice to subsection (1), a licensee and licensed operator shall, subject to any exemption as may be set out in rules made by the Commission under paragraph 253(1) (n) , furnish to the Commission-
(a)
75 Chapter 5 - Fares and Freight-75. Fares.
(1) Subject to subsections (2), (3) and (9), no person may demand, collect and retain such fares in relation to a public service vehicle service in excess of such rates of fares as prescribed under this Act.
(2) The Minister may, on the recommendation of the Commission, exempt any person from the payment of any fares in relation to a public service vehicle service, subject to such conditions as he thinks fit.
(3) Nothing in this section shall prevent a licensed operator of a public service vehicle service from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any fares for any period, if an application for such exemption is made by the licensed operator and such application is approved by the Commission in writing, subject to such conditions as it may deem fit.
(4) A person who demands, collects or retains or attempts to demand, collect or retain fares in contravention of subsect
76 Chapter 5 - Fares and Freight-76. Freight.
(1) Subject to subsections (2) and (3), no person may demand, collect and retain such freight in connection with a goods vehicle service in excess of such rates of freight as prescribed under this Act.
(2) The Minister may, on the recommendation of the Commission, exempt any person from the payment of any freight in relation to a goods vehicle service, subject to such terms and conditions as he thinks fit.
(3) Nothing in this section shall prevent a licensed operator of a goods vehicle service from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any freight for any period, if an application for such exemption is made by the licensed operator of a goods vehicle service and such application is approved by the Commission in writing, subject to such conditions as it may deem fit.
(4) A person who demands, collects or retains or attempts to demand, collect or retain any freight in c
77 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-77. Stopping, detaining and inspecting relevant vehicles.
(1) If any police officer in uniform, road transport officer in uniform or appointed officer in uniform has reasonable cause to believe that the provisions of this Act or any conditions of a licence or operator's licence issued under this Act have not been complied with in respect of any relevant 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, road transport officer or appointed officer to ascertain whether the provisions of this Act or the conditions of such licence or operator's licence have been complied with.
(2) No relevant vehicle shall be detained under this section for a period exceeding forty-eight hours.
(3) If on inspection of such relevant vehicle,
78 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-78. Power to set up roadblocks.
(1) Notwithstanding anything contained in any other written law, any police officer in uniform authorized in writing by a senior police officer of the rank of Inspector and above, including a probationary Inspector, any road transport officer in uniform authorized in writing by the Director for Road Transport or any appointed officer in uniform authorized in writing by the Commission, may, if he considers it necessary so to do for the enforcement of this Act, erect or place or cause to be erected or placed any barrier on or across any road in such manner as he may think fit; and any such officer may take all reasonable measures to prevent any relevant vehicle from being driven past any such barrier, including any measure to pursue and stop any such vehicle where, having regard to the attendant circumstances at a given moment of time, it is apparent that if such measure is not taken the escape of such vehicle to avoid detection or otherwise is likely to
79 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-79. Power to seize documents, etc.
(1) If any police officer, road transport officer or appointed officer has reasonable cause to believe that a document carried on a relevant vehicle, or any licence, operator's licence, record or other document produced to him pursuant to this Act by the driver or person in charge of a relevant vehicle is a document, a licence, an operator's licence or a record in relation to which an offence under this Act has been committed, he may seize or detach the document, licence, operator's licence or record from the relevant vehicle.
(2) If the licence or operator's licence seized under subsection (1) is a licence or operator's licence which has been suspended under this Act, the licence or operator's licence shall be returned to the licensee or licensed operator, respectively, upon the expiry of the period of suspension.
(3) For the purposes of this section-
"document" includes a badge; 80 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-80. Power to seize relevant vehicle for certain offences.
(1) Any relevant vehicle in respect of which there has been or there is reasonable cause to suspect that there has been committed any offence against section 16, 28, 36, 46, 51 or 63, subsection 22(3), 41(3) or 57(3), or paragraph 23(1) (b) , 42(1) (b) or 58(1) (b) may be seized by any police officer not below the rank of Inspector, road transport officer or appointed officer, at any place.
(2) When a relevant vehicle has been seized under subsection (1), a police officer not below the rank of Inspector, a road transport officer or an appointed officer, 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 relevant vehicle seized under subsection (1) shall be made by the court before which the prosecution with r
81 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-81. Power to seize relevant vehicle to stop continuance of offences, etc .
(1) When any person is found or is reasonably believed to be using a relevant vehicle in contravention of this Act or any order, prohibition or restriction made thereunder, or in contravention of the terms of the licence or operator's licence for such relevant vehicle, any police officer, any road transport officer authorized in writing in that behalf by the Director General or any appointed officer authorized in writing in that behalf by the Commission may, whenever it appears that such relevant vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of the offence, take or cause to be taken or require the person in charge of the relevant vehicle to take such relevant vehicle to a place of safety, there to be kept until released by order of a Magistrate, Chief Police Officer, Director for Road Transport or Commission, provided and subject to subsection (3), such relevant vehicle shall not be d
82 Chapter 6 - Miscellaneous: Specific Enforcement Provisions-82. Determination of relevant vehicle's weight.
(1) It shall be lawful for any police officer authorized in writing in that behalf by the Chief Police Officer, any road transport officer authorized in writing in that behalf by the Director General or any appointed officer authorized in writing in that behalf by the Commission to require the person in charge of any relevant vehicle to allow the relevant vehicle to be weighed by such officer, either laden or unladen, and for the weight transmitted to the road by any part of the relevant vehicle in contact with the road to be tested, and for that purpose may require the driver of such vehicle to immediately drive it to some other place to be weighed.
(2) Upon request by the person in charge of the relevant vehicle, the police officer authorized in writing in that behalf by the Chief Police Officer, the road transport officer authorized in writing in that behalf by the Director General or the appointed officer authorized in writing in that behal
83 PART IV RAILWAYS Chapter 1 - Railway Scheme-83. Railway scheme.
(1) No railway shall be constructed without the approval of the Minister, acting on the recommendation of the Commission.
(2) Any person intending to construct a railway shall submit a written application to and deposit with the Commission a railway scheme, which shall contain the following information:
(a) the type and system of the proposed railway, including the proposed type or types and quantity of rolling-stock to be used on the railway, the proposed fare collection system and whether the railway will be used for the carriage of passengers or goods or both;
(b) the proposed routes and terminal points of the proposed railway system;
(c) the proposed location of terminals, associated buildings, workshops, depots and yards;
(d) the safety aspects of the proposed railway system, including the signalling systems and communications systems;
(e) the
84 PART IV RAILWAYS Chapter 1 - Railway Scheme-84. Approval of railway scheme and deposit of plans, sections, etc .
(1) The Minister may, after having due regard to the recommendation of the Commission under section 83, reject or grant conditional approval to a railway scheme.
(2) Where the Minister grants conditional approval to the railway scheme under subsection (1), the applicant shall deposit in the office of the Commission for public inspection-
(a) plans and sections on a scale as specified by the Commission or as set out in rules made by the Commission under paragraph 253(1) (oo) showing the lines and levels of the proposed railway and also-
(i) any intended alteration in the water level of any canal or in the level or rate of inclination of any road or railway which will be crossed by the proposed railway;
(ii) any intended diversion, widening or narrowing of any road, navigable river, canal or railway;
(iii) any intended laying of any part of the proposed railway along any r
85 Chapter 2 - Prescribed Modification, Change or Extension of Approved Railway Schemes-85. Prescribed modification, change or extension of approved railway schemes.
(1) No person may undertake any prescribed modification, change or extension of a railway scheme approved in accordance with section 84-
(a) without the approval of the Minister, acting on the recommendation of the Commission; and
(b) save in accordance with the requirements and procedures set out in subsection (2) and such regulations as may be made under this Act for the purposes of this section.
(2) Any person intending to undertake any prescribed modification, change or extension of an approved railway scheme shall submit a written application to and deposit with the Commission such information and documents, including plans, as may be requested by the Commission and, within such period and in such manner as the Commission may require, in order to enable the Minister to evaluate such application.
(3) A person who contravenes subsection (1) commits an offence and shall, on
86 Chapter 2 - Prescribed Modification, Change or Extension of Approved Railway Schemes-86. Approval of prescribed modification, change or extension of approved railway schemes and deposit of plans, information and other documents.
(1) The Minister may, after having due regard to the recommendation of the Commission, reject or grant conditional approval in respect of an application made under section 85.
(2) Where the Minister grants conditional approval in respect of the application under subsection (1), the applicant shall deposit in the office of the Commission for public inspection such documents as may be specified by the Commission.
(3) The Commission shall provide its recommendations on the application under subsection (1) to the Minister and for this purpose subsections 84(4) and (5) shall apply mutatis mutandis .
(4) The Minister may, after considering the plans and sections and book of reference and any other documents as specified by the Commission, and any objections thereto and having due regard to the recommendations of the Commission-
(a) give final approval to or reject the application under subsection
87 Chapter 3 - Construction and Works-87. Railway to be constructed according to approved plans.
(1) Any railway constructed under this Act shall be made and maintained according to the lines and levels shown on the deposited plans with all proper bridges, viaducts, stations, sidings, approaches, junctions, roads, buildings, yards, works and conveniences connected therewith and incidental thereto.
(2) A railway route may deviate from the line of railway shown on the deposited plans, but no such deviation shall extend beyond the limits of deviation shown on the plans.
88 Chapter 3 - Construction and Works-88. Private land may be acquired for railway.
(1) Such of the lands as are required for the purpose of constructing a railway and shown on the plans and sections and mentioned in the book of reference deposited under paragraph 84(2) (b) and if applicable, section 86, shall be deemed to be lands required for a public purpose within the meaning of the Land Acquisition Act 1960 [Act 486] .
(2) Proceedings under the Land Acquisition Act 1960 shall be taken separately in respect of each land shown on the plans and sections and mentioned in the book of reference.
(3) Nothing in this section shall prevent the acquisition of lands for the purpose of constructing a railway by agreement between the railway company and the proprietors of such lands.
89 Chapter 3 - Construction and Works-89. Power of railway company to execute all necessary works.
(1) Subject to this Act, whenever it is necessary so to do, a railway company may, for the purpose of constructing a railway or the accommodation or other works connected therewith-
(a) make or construct in, upon, across, under or over any land or river, such temporary works or structures, including roads, bridges, rails, ways, conduits and drains, as the railway company thinks proper; and
(b) alter temporarily the course of any roads, streets or ways as the railway company thinks proper.
(2) In exercising the powers conferred by subsection (1), the railway company shall be subject to any direction that may be given by the Commission.
(3) A railway company shall, before exercising the powers conferred by subsection (1), give notice to the proprietor or occupier of the land, and simultaneously provide a copy of the notice to the Commission, of its intention to enter the land.
90 Chapter 3 - Construction and Works-90. Power of Commission in case of accident.
(1) The Commission may, in the case of any accident happening or being apprehended to any cutting, embankment or other works under the control of a railway company, authorize the railway company to enter upon any land adjoining its railway for the purpose of carrying out repairs or preventing an accident and to do all such works as are necessary for that purpose.
(2) Notwithstanding subsection (1), a railway company may, in cases of necessity, enter upon any land for the purpose of carrying out repairs or preventing an accident without having the prior authorization from the Commission, but in such a case the railway company shall, within twenty-four hours after such entry, make a report to the Commission specifying the nature of the accident or apprehended accident and of the works necessary to be done.
(3) If after considering the report under subsection (2), the Commission is of the opinion that there is no danger or apprehended dang
91 Chapter 3 - Construction and Works-91. Payment of compensation.
(1) In exercising the powers under sections 89 and 90, a railway company shall cause as little damage as possible to the lands and adequate compensation shall be paid for any damage caused by the exercise of such powers.
(2) Any person claiming compensation from a railway company may lodge his claim with the Administrator who shall forward such claim to the railway company.
(3) Where there is a dispute as to the amount of compensation, the Administrator shall determine the amount, as far as may be, in accordance with the procedures prescribed by the law relating to the acquisition of land for public purposes in force in the State concerned.
(4) Nothing in this section shall prevent the settling by agreement of the amount of compensation to be paid in respect of lands damaged or injuriously affected by the exercise of the powers conferred by this section.
92 Chapter 3 - Construction and Works-92. Accommodation works.
(1) Every railway company shall, subject to subsections (3) and (4), construct and maintain for the accommodation of the proprietors and occupiers of the lands adjoining any railway-
(a) such and so many convenient crossings, bridges, arches, culverts and passages over, under or by the sides of or leading to or from the railway, as are in the opinion of the Commission necessary for the purpose of making good any interruptions caused to the use of the lands by the construction of the railway;
(b) all necessary arches, tunnels, culverts, drains, water-courses or other passages over, under or by the sides of the railway of such dimensions as may, in the opinion of the Commission, be sufficient at all times to convey water from or to the lands adjoining or lying near or by the railway as freely as before the construction of the railway or as nearly so as may be.
(2) Subject to this Act, t
93 Chapter 3 - Construction and Works-93. Additional works.
If-
(a) a proprietor or occupier of any lands adjoining a railway considers that the accommodation works made under section 92 are insufficient for the commodious use of the land; or
(b) any Government Entity desires to construct a road or other works across, over or under a railway,
the proprietor or occupier of the land, or Government Entity may, at his or its own expense, cause to be made such further accommodation works as the proprietor or occupier of the land, or Government Entity considers necessary and if agreed to by the railway company or, in the case of a difference of opinion between the proprietor or occupier of the land, or Government Entity and the railway company, such further accommodation works as authorized by the Commission.
94 Chapter 3 - Construction and Works-94. Fences, boundary marks or screens.
(1) The Commission may, within a time to be specified in the requisition or within such further time as it may specify, require a railway company-
(a) to provide or renew, as the case may be, fences or boundary marks for its railway and any road constructed in connection therewith; or
(b) to provide or renew, as the case may be, any works in the nature of a screen near to or adjoining the side of any road constructed before the making of the railway for the purpose of preventing danger to the public using the road.
(2) A railway company which fails to comply with any requisition made under this section commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
95 Chapter 3 - Construction and Works-95. Graded crossings.
Where a railway company has constructed a railway track across an existing road on the level, the Commission may, if it appears to the Commission that it is necessary for public safety and convenience, at any time, require the railway company, within such time as it thinks fit-
(a) to carry the road either under or over the railway track by means of a bridge or arch with convenient ascents and descents and other convenient approaches instead of crossing the road on the level; or
(b) to execute such other works as in the circumstances of the case appear to the Commission to be best adapted for removing or diminishing the danger arising from the level crossing and for meeting the convenience of the public.
96 Chapter 3 - Construction and Works-96. Road crossings.
(1) Wherever a railway company has constructed a railway track across an existing road on the level (such crossing not being an "occupation crossing" within the meaning of section 98), the railway company shall cause good and efficient gates or barriers to be erected and maintained at the point where the railway track crosses the road, and shall employ proper persons to open and shut such gates or barriers, where such gates or barriers shall be kept closed against the road when rolling-stock is crossing the road.
(2) The Commission may, at any time, declare that subsection (1) shall not apply to such crossings as are specified in the declaration, and thereupon the railway company shall be relieved of the obligations imposed by subsection (1) in respect of the said crossings.
(3) Where any such declaration has been made under subsection (2), the railway company shall erect warning boards alongside the road and whistle-signals alongside t
97 Chapter 3 - Construction and Works-97. Private crossings.
(1) A railway company may, at its discretion, on a request made by any person, construct and open private crossings at any place on a railway track, and may impose conditions regarding the use of the private crossing.
(2) The cost of the construction of a private crossing and an annual rent for the maintenance of the private crossing shall be paid by the person for whom such crossing has been constructed.
(3) The railway company may, in the event of failure by the person for whom the private crossing has been constructed to comply with the conditions imposed, or if it is expedient so to do in the interests of the railway, close any private crossing.
(4) The Commission may make rules under paragraph 253(1) (pp) in respect of the construction, opening and closing and conditions of use of private crossings.
98 Chapter 3 - Construction and Works-98. Occupation crossings.
(1) The Minister may, at any time on the recommendation of the Commission, by notification in the Gazette declare any road or path which a railway track crosses to be an "occupation crossing".
(2) When a declaration has been made under subsection (1), the railway company shall provide at that occupation crossing, gates or barriers across the road or path, which-
(a) shall not be capable of closing across the railway track; and
(b) shall be kept locked when not in use, where the keys of the gates or barriers shall be kept by a railway official.
(3) Notwithstanding subsection (2), duplicates of the keys of the gates or barriers of any occupation crossing may be entrusted by the railway official to any person having frequent occasion to use such occupation crossing, and such keys shall be retained and used by that person for such period and subject to such conditions as
99 Chapter 3 - Construction and Works-99. Removal of trees dangerous to or obstructing the working of railway.
(1) Where in the opinion of the Commission there is at any time danger or suspected danger that any tree standing on land, other than the railway land, may-
(a) fall on to a railway, or on the route of any telegraph, telephone, signal, electric light or electric power wire the working of which is wholly or partially controlled by a railway company; or
(b) obstruct, interfere with, or cause damage to the construction or proper working of a railway or of any such telegraph, telephone, signal, electric light or electric power wire or to any post, other structure or fitting supporting the same or appurtenant thereto,
the railway company may cause the tree to be cut down or dealt with in such other manner as may, in the opinion of the Commission, avert the danger or remove the obstruction, as the case may be.
(2) Where a tree obstructs or interferes with the view of any fixed signa
100 Chapter 3 - Construction and Works-100. Notice of felling or clearing of trees or jungle adjacent to railway.
(1) The proprietor or occupier of any lands shall, before felling or clearing any tree or jungle adjacent to a railway, give seven days' prior written notice to the railway company of his intention to do so and shall take all reasonable precautions for the protection of the railway or any telegraph or telephone post erected thereon.
(2) Where any damage is caused to the railway or any telegraph or telephone post erected thereon, the railway company may, in default of an agreement, recover compensation from the proprietor or occupier of the land by action at law.
101 Chapter 4 - Licence to Operate Railway and Opening of Railway-101. Application for operator's licence.
(1) Subject to sections 194 and 195, no person shall operate any railway unless he holds an operator's licence issued under this Chapter.
(2) An application for an operator's licence under this section shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Commission.
(3) The Commission shall, within such period as set out in rules made by the Commission under paragraph 253(1) (nn) , submit a written recommendation to the Minister on the application.
(4) The written recommendation of the Commission shall specify-
(a) the reasons for its recommendation; and
(b) any conditions which the applicant should be subject to if the Commission recommends to the Minister to issue the operator's licence.
(5) The Mini
102 Chapter 4 - Licence to Operate Railway and Opening of Railway-102. Notice of intended opening of railway.
(1) Subject to subsection (2), a licensed operator shall, at least three months before the intended date of opening of a railway, give to the Commission a written notice of its intention to open the railway.
(2) The Commission may, if it thinks fit or on the application of a licensed operator, reduce the period within which the notice under subsection (1) is to be given or dispense with such notice.
103 Chapter 4 - Licence to Operate Railway and Opening of Railway-103. Minister to approve opening of railway.
(1) No railway shall be opened without the approval of the Minister, on the recommendation of the Commission.
(2) The Minister shall only give his approval to the opening of a railway after he has received a written report from an engineer appointed by the Commission that-
(a) he has made a careful inspection of the railway;
(b) the weight of rails, strength of bridges, general structural character of the works, and the size of and maximum gross load upon the axles of any rolling-stock are such as have been prescribed;
(c) the railway is sufficiently supplied with rolling-stock and otherwise complies with the railway scheme approved under section 84 or 86, and conditions or requirements imposed in connection therewith; and
(d) in his opinion the opening of the railway will not cause any danger to the passengers or any damage to the goods to be carried thereon.
104 Chapter 4 - Licence to Operate Railway and Opening of Railway-104. Revocation or suspension of operator's licence.
(1) Where the Commission is satisfied that a licensed operator is contravening, or has contravened and is likely again to contravene, any of the conditions of its operator's licence or any provision of this Part or subsidiary legislation made in connection therewith which imposes an obligation, duty or responsibility on it, the Commission may give a written notice to the licensed operator requiring it to comply with that condition or provision within the period stated in the notice.
(2) If on the expiry of the period stated in such notice the licensed operator fails to comply with the condition or provision mentioned therein, the Commission shall submit to the Minister a report of such failure by the licensed operator together with any recommendations by the Commission and the report shall be in such form as the Commission considers appropriate.
(3) Where, after considering the report from the Commission and its recommendations, the Min
105 Chapter 4 - Licence to Operate Railway and Opening of Railway-105. Inspection.
After a railway has been opened, the railway shall be inspected by an engineer appointed by the Commission in such manner and at such intervals as may be set out in rules made by the Commission under paragraph 253(1) (qq) .
106 Chapter 4 - Licence to Operate Railway and Opening of Railway-106. Power to close railway when opened.
(1) If after the inspection of a railway, the engineer appointed by the Commission is of the opinion that the use of the railway may cause danger to the public or damage to the goods carried on the railway, he shall inform the Commission of his opinion together with the grounds for his opinion.
(2) The Commission may thereupon order the railway to be closed, or in the case of a rolling-stock, order the rolling-stock to be discontinued from use or the railway be used only on such conditions as the Commission considers necessary for the safety of the public or goods carried on the railway.
107 Chapter 4 - Licence to Operate Railway and Opening of Railway-107. Reopening of railway after closure.
(1) A railway which has been ordered to be closed shall not be reopened until it has been inspected by an engineer appointed by the Commission and its reopening has been approved by the Minister.
(2) A rolling-stock which has been ordered to be discontinued from use under section 106 shall not be used until it has been inspected and certified to be fit for use by an engineer appointed by the Commission and the Minister has approved its use.
108 Chapter 4 - Licence to Operate Railway and Opening of Railway-108. Reopening of railway track after temporary suspension.
When an accident has occurred on a railway or a railway track resulting in a temporary suspension of traffic, and either the original railway track and works have been rapidly restored to their original standard or a temporary diversion has been laid for the purpose of restoring communication, the original railway track and works so restored may be reopened or the temporary diversion opened, as the case may be, subject to the following conditions:
(a) that the railway official in charge of the works undertaken by reason of the accident has certified in writing that the reopening of the restored railway track and works or the opening of the temporary diversion will not, in his opinion, cause any danger to the public or damage to the goods carried on the railway track; and
(b) that written notice of the reopening of the railway track and works or the opening of the temporary diversion has been sent to the Co
109 Chapter 4 - Licence to Operate Railway and Opening of Railway-109. General penalty for failure to comply with Chapter 4 of Part IV.
A licensed operator who contravenes any of the provisions of this Chapter commits an offence and, if no special penalty is expressly provided in this Chapter, shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and, in the case of a continuing offence shall, in addition, be liable to a daily fine not exceeding ten thousand ringgit for each day during which the offence continues to be committed after a written notice by the Commission requiring it to cease the act specified in the notice has been served upon the licensed operator.
110 Chapter 5 - Duties of Licensed Operator-110. Duties of licensed operator.
It shall be the duty of every licensed operator-
(a) to provide railway services and facilities as specified in its operator licence to such extent as is necessary for the licensed operator to meet any prescribed standards of performance; and
(b) to develop and maintain an efficient railway system.
111 Chapter 5 - Duties of Licensed Operator-111. Standards of performance.
(1) The Commission may make rules on standards of performance in connection with the provision of railway services and facilities as, in its opinion, ought to be achieved by a licensed operator.
(2) Without prejudice to the generality of subsection (1), rules made under subsection (1) may-
(a) make provisions for procedures to be followed for the enforcement of the standards of performance; and
(b) provide circumstances in which a licensed operator may be exempted from complying with the standards of performance.
112 Chapter 5 - Duties of Licensed Operator-112. Submission of reports, accounts, etc .
(1) Without prejudice to section 207, a licensed operator shall furnish the Commission with all such information relating to any matter which-
(a) is connected with the carrying out by the licensed operator of its licensed activities; or
(b) is material to the carrying out by the Commission of any of its powers under this Act,
as the Commission may require or as may be set out in rules made by the Commission under paragraph 253(1) (n) .
(2) Without prejudice to subsection (1), a licensed operator shall, within three months after the end of the financial year of the licensed operator or such longer period as the Commission may allow, furnish to the Commission-
(a) a report of its operation during that financial year containing such information as is necessary to enable the Commission to assess the level of the licensed operator's compliance
113 Chapter 5 - Duties of Licensed Operator-113. Commission to be informed of any change in control of licensed operator, etc .
(1) It shall be the duty of every licensed operator, at all times, to inform the Commission immediately of the following matters:
(a) any change in the control of the licensed operator;
(b) any industrial dispute between the licensed operator and its employees;
(c) any occurrence of fire within its premises;
(d) any natural catastrophes affecting it;
(e) any reprimands or fines imposed on the licensed operator by any Government Entity; and
(f) any proceedings or claims instituted or made against the licensed operator which might have an adverse effect on its financial condition or on its ability to perform any condition under the operator's licence.
(2) For the purposes of paragraph (1) (a) , "control" in relation to a licensed operator, means having the power, directly or indirectly, to direct the management a
114 Chapter 5 - Duties of Licensed Operator-114. Traffic facilities.
Every licensed operator shall afford all reasonable facilities for the receiving, forwarding and delivery of traffic on the railway.
115 Chapter 6 - Vocational Licence-115. Vocational licences for railway train drivers.
(1) No person shall drive a railway train unless he holds a vocational licence issued under this section.
(2) The Commission may, subject to regulations made under this Act, attach such conditions as it thinks fit to any vocational licence issued under this section and the holder of any vocational licence shall comply with all such conditions.
(3) A vocational licence may at any time be revoked or suspended by the Commission upon the ground that, by reason of his conduct or physical disability, the holder is not a fit and proper person to hold such a licence or in the event of a breach of any condition of the vocational licence:
Provided that the Commission-
(a) shall not revoke or suspend the vocational licence on the ground of breach of any of the conditions of the vocational licence unless it is satisfied, after giving the holder of the vocational licence an opportunity of making any representati
116 Chapter 6 - Vocational Licence-116. Licensed operator to employ persons with vocational licences.
(1) No licensed operator under this Part shall employ or permit any person who does not hold a vocational licence issued under section 115 to drive a railway train.
(2) A licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
117 Chapter 7 - Fares and Freight-117. Fares.
(1) Subject to subsections (2) and (3), no person may demand, collect and retain such fares in relation to railway services in excess of such rates of fares as the Minister may approve under section 84, 86, 101 or 120.
(2) The Minister may, on the recommendation of the Commission, exempt any person from the payment of any fares in relation to railway services, subject to such terms and conditions as he thinks fit.
(3) Nothing in this section shall prevent a licensed operator from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any fares for any period, if an application for such exemption is made by the licensed operator and such application is approved by the Commission in writing, subject to such conditions as it may deem fit.
(4) A person who demands, collects or retains or attempts to demand, collect or retain any fare in contravention of subsection (1) commits an offence a
118 Chapter 7 - Fares and Freight-118. Freight.
(1) Subject to subsections (2) and (3), no person may demand, collect and retain such freight in relation to railway services in excess of such rates of freight as the Minister may approve under section 84, 86, 101 or 120.
(2) The Minister may, on the recommendation of the Commission, exempt any person from the payment of any freight in relation to railway services, subject to such terms and conditions as he thinks fit.
(3) Nothing in this section shall prevent a licensed operator from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any freight for any period, if an application for such exemption is made by the licensed operator and such application is approved by the Commission in writing, subject to such conditions as it may deem fit.
(4) A person who demands, collects or retains or attempts to demand, collect or retain freight in contravention of subsection (1) commits an of
119 Chapter 7 - Fares and Freight-119. Timetables and lists of fares to be posted up at railway stations.
Every licensed operator shall keep at every railway station a copy of the timetables for the time being in force on the railway and a list of the general fares chargeable for travelling from the railway station, where the lists are posted at every place where tickets are ordinarily issued to passengers at that railway station, and the licensed operator shall allow all persons to inspect the timetable or list of general fares free of charge at all reasonable hours.
120 Chapter 7 - Fares and Freight-120. Submission of memorandum for any change in existing structure of fares, etc .
(1) A licensed operator shall prepare and submit to the Commission a memorandum for any change in the existing structure of fares, freight or charges approved under section 84, 86 or 101, for the approval of the Minister, on the recommendation of the Commission.
(2) Upon the new structure of fares, freight or charges being approved by the Minister under subsection (1), the licensed operator shall within such time not being less than thirty days before the new fares, freight or charges come into effect-
(a) publish the new structure of fares, freight or charges in not less than two national newspapers, one of which shall be in the national language; and
(b) ensure that the new structure of fares, freight or charges are posted for the attention of the public in accordance with section 119.
(3) The Commission shall, as soon as practicable, make necessary notification in the G
121 Chapter 8 - Specific Offences Relating to Railways-121. Intoxication or breach of duty by railway official.
Any railway official who-
(a) is in a state of intoxication while discharging any duty; or
(b) refuses or neglects to perform his duty or performs his duty in an improper manner,
where the duty is such that the intoxication or refusal, neglect or improper performance of the duty, as the case may be, is likely to endanger the safety of any person or goods carried on the railway, commits an offence and shall, on conviction, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.
122 Chapter 8 - Specific Offences Relating to Railways-122. Improper use of emergency signal apparatus.
Any person who makes improper use of the emergency signal apparatus provided by a licensed operator in any railway coach or on any railway train for the use of passengers to stop the railway train in case of emergency commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
123 Chapter 8 - Specific Offences Relating to Railways-123. Removing, etc , stakes, pegs or other marks.
Any person who removes, defaces or in any way interferes with any stakes, pegs or other marks placed by or for the purposes of a licensed operator along a railway track or contiguous thereto commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
124 Chapter 8 - Specific Offences Relating to Railways-124. Entering or leaving railway coach irregularly.
Any person who-
(a) at any time enters or leaves or attempts to enter or leave any railway coach otherwise than by the door provided for the purpose on the side of the railway coach adjacent to the platform or other similar place appointed by the licensed operator as a place for persons to enter or leave a railway coach; or
(b) opens any outer door of any such railway coach while it is in motion,
commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.
125 Chapter 8 - Specific Offences Relating to Railways-125. Resisting entry, and entering and refusing to leave full train.
Any passenger who-
(a) resists the lawful entry of another passenger into a railway coach or a portion of a railway coach not reserved by the licensed operator for the use of the passenger resisting;
(b) after having been refused admission onto a railway train by a railway official, on account of the railway train being full, nevertheless persists in entering or attempting to enter the railway train; or
(c) having gone on board a railway train at any place and having been requested by a railway official, on account of the railway train being full, to leave the railway train before it has quit that place, does not comply with that request,
commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit and, in addition, may be removed from the railway train by any railway official.
126 Chapter 8 - Specific Offences Relating to Railways-126. Trespass upon railway or railway premises.
Any person who trespasses upon a railway or any railway premises commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and, if any such person refuses to leave the railway or railway premises on being requested to do so by a railway official, he commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and may be immediately removed therefrom.
127 Chapter 8 - Specific Offences Relating to Railways-127. Driving any vehicle or animal upon or across a railway track.
Any person who wilfully rides, leads, or drives upon or across a railway track any vehicle or animal, except when directly crossing the railway track at any road or place appointed for that purpose at a time at which he may lawfully do so, commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit for each offence.
128 Chapter 8 - Specific Offences Relating to Railways-128. Damage, whether wilful or negligent, etc .
(1) Any person who-
(a) wilfully or negligently damages any railway, railway premises or any property belonging to a licensed operator;
(b) removes sand, stone, earth or any other matter or thing from banks, bridges, culverts, retaining walls, railway tracks or any other property belonging to a licensed operator; or
(c) fells timber in a manner likely to endanger the safety of passing railway trains or any person or goods in or upon such trains, or to cause damage to the railway track,
commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) Any person who ties up the wires of wire fencing appertaining to a railway, breaks down or destroys any fencing or hedges appertaining to a railway, or does or causes to be done any act that damages or is lik
129 Chapter 8 - Specific Offences Relating to Railways-129. Opening or not properly shutting gates.
If-
(a) any person, without the permission or knowledge of a railway official, opens or attempts to open any gate set up on either side of any railway track across a road, or passes or attempts to pass, or drives or takes or attempts to drive or take, any vehicle, animal or other thing across the railway tracks; or
(b) any person who in pursuance of subsection 98(3) omits to shut and fasten and, where necessary, to lock such a gate as aforesaid as soon as he and any vehicle, animal or other thing under his charge has passed through the gate,
he commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
130 Chapter 8 - Specific Offences Relating to Railways-130. Maliciously obstructing or attempting to obstruct a railway.
If any person unlawfully-
(a) puts, throws or causes to fall against, upon or across a railway any wood, stone or other matter or thing;
(b) takes up, removes, loosens, or displaces any rail, sleeper or other matter or thing appertaining to a railway;
(c) turns, moves, unlocks or diverts any railway points or other machinery appertaining to a railway;
(d) moves any part of the rolling-stock on a railway track or leaves the same on any part of a railway track;
(e) makes, shows, hides or removes any signal or light upon or near a railway; or
(f) does or causes to be done or attempts to do any other act or thing in relation to a railway,
with intent, or with the knowledge that he is likely, to obstruct the working of the railway, or to endanger the safety of any person travelling or being upon the railway or goods carrie
131 Chapter 8 - Specific Offences Relating to Railways-131. Gestures or signals causing railway to stop.
If any person not being a railway official, without reasonable excuse, by making any gesture or exhibiting any signal or otherwise, causes a moving railway to be brought to a standstill, he commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
132 Chapter 8 - Specific Offences Relating to Railways-132. Maliciously hurting or attempting to hurt persons, etc , travelling by railway.
If any person unlawfully throws or causes to fall or strike at, against, into, or upon any rolling-stock forming part of a railway train any wood, stone or other matter or thing with intent, or with the knowledge that he is likely, to endanger the safety of any person being in or upon, or goods carried on, such rolling-stock or in or upon any other rolling-stock forming part of the same railway train, he commits an offence and shall, on conviction, be liable to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
133 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-133. General penalty for breach of Part IV, except Chapter 4, and subsidiary legislation.
Any person who contravenes or fails to comply with any of the provisions of this Part, except Chapter 4, or any subsidiary legislation made under this Act relating to such provisions commits an offence and, if no special penalty is expressly provided in this Part, shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
134 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-134. Lien for fares, freight and other charges.
(1) If, on demand made by or on behalf of a licensed operator, any person fails to pay any sum due to or recoverable by the licensed operator from him in respect of any goods, whether such sum is due for the conveyance, handling, storage, demurrage, or other charges, or in repayment of any sum disbursed by the licensed operator or any other sum howsoever arising, the licensed operator may detain the whole or any of the goods or, if such goods have been removed from the railway premises, any other goods of such person then being in or thereafter coming into the possession of the licensed operator.
(2) When any goods have been detained under subsection (1), the licensed operator may-
(a) in the case of perishable goods, sell the same at once by public auction or private agreement as it may deem expedient; or
(b) in the case of other goods, sell by public auction, on the expiration of at least fourtee
135 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-135. Disposal of unclaimed goods.
(1) When any goods have come into the possession of a licensed operator for transport or otherwise, and are not claimed by the owner or other person appearing to the licensed operator to be entitled thereto, the licensed operator shall, if such owner or person is known, cause a notice to be served upon him requiring him to remove the goods.
(2) If such owner or person is not known, or the notice cannot be served upon him, or he does not comply with the notice, the licensed operator may, after a reasonable time, sell the goods as nearly as may be in accordance with section 134 and render the surplus, if any, of the proceeds of the sale to any person entitled thereto.
(3) For the purposes of this section, "goods" shall be deemed to include luggage.
136 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-136. Requisition for written declaration of description of goods.
(1) The owner or person having charge of any goods which are delivered to a licensed operator for the purpose of being transported, and the consignee of any goods which have been transported, shall, on the request of any railway official authorized in that behalf by the licensed operator, deliver to such official a declaration in writing signed by such owner or person, or by such consignee, as the case may be, containing such a description of the goods as may be sufficient to determine the rate which the licensed operator is entitled to charge in respect thereof.
(2) If such owner, person, or consignee refuses or neglects to give such a declaration or refuses to open the package containing the goods in order that their description may be ascertained, the licensed operator may-
(a) in respect of goods which have been brought for the purpose of being transported, refuse to carry the goods unless a rate is paid in res
137 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-137. Power of entry.
Without prejudice to sections 103, 216 and 217, the Commission or any appointed officer authorized by it in that behalf may, for the purposes of this Part or any subsidiary legislation made under this Part, enter upon any railway or railway premises to inspect and examine the state of the railway or railway premises.
138 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-138. Disposal of differences between licensed operators regarding conduct of joint traffic.
Where two or more licensed operators whose railways have a common terminus or a portion of the same line of railway communication, are not able to agree upon arrangements for conducting, at such common terminus or at the point of junction between them, their joint traffic safety, the Commission, upon the application of either or of any of such licensed operators, may decide the matters in dispute between them, so far as those matters relate to the safety of the public, and may determine whether the whole or what proportion of the expenses attending to such arrangements shall be borne by either or any of the licensed operators respectively.
139 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-139. Special powers in emergency.
(1) The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency or in the interest of public order or safety, authorize the Minister to-
(a) take temporary possession of any railway, railway service, railway premises or facility established, maintained or worked by a licensed operator;
(b) withdraw, partially or totally, the use of any railway service, railway premises or facility from any person or class of persons or from the public at large.
(2) If any doubt arises as to the existence of an emergency or whether any act done under subsection (1) was in the interest of public order or safety, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.
(3) Where the Government takes temporary possession of any
140 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-140. Restriction on execution against railway property.
(1) None of the rolling-stock, machinery, plant, tools, fittings, materials or effects used or provided by a licensed operator for the purposes of traffic on the railway operated by it, or of its stations or workshops, shall be liable to be taken in the execution of any decree or order of any court or of any local authority or person having by law the power to attach or distrain property or otherwise to cause property to be taken in execution, unless by order or direction of the court pursuant to paragraph 194(1) (b) .
(2) Nothing in subsection (1) shall be construed as affecting the authority of any court to attach the earnings of a licensed operator in the execution of a judgement or order.
141 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-141. Legal duties of railway official.
Every railway official shall be legally bound to do every thing necessary for or conducive to the safety of the public, and every such railway official shall be legally prohibited from doing any act which is likely to cause danger.
142 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-142. Apprehension of offenders.
Any person found committing or attempting to commit an offence against this Act relating to railways may be arrested, without warrant, by any police officer, railway official or appointed officer, or by any other person whom such police officer, railway official or appointed officer may call to his aid, and every person so arrested shall, without unnecessary delay, be taken to the nearest police station to be dealt with in accordance with the law relating to criminal procedure for the time being in force:
Provided that a railway official shall not effect any such arrest outside the railway premises.
143 Chapter 9 - Miscellaneous: Specific Enforcement Provisions, Etc-143. Licensed operator not a common carrier.
Notwithstanding any other written law, a licensed operator shall not be deemed to be a common carrier or to be subject to any law relating to common carriers.
144 PART V INTEGRATION-144. Integration of land public transport.
The Commission may, in order to facilitate and accommodate the integration and co-ordination of land public transport, impose on any licensee, licensed operator or terminal licensee such conditions in its or his licence or operator's licence as the Commission deems fit, including a condition requiring integration with other licensees, licensed operators and terminal licensees.
144A PART VA INTERNATIONAL CIRCULATION OF LAND PUBLIC TRANSPORT-144A. 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 land public transport, the Minister may make such regulations as may be expedient or necessary for carrying out this Part.
(2) Without prejudice to the generality of subsection (1), regulations may be made for the following purposes:
(a) to recognize the permits, licences, passes, certificates or other official documents for any land public transport 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 land public transport brought temporarily abroad by persons residing in Malaysia and intending to make only a temporary stay abroad, inc
145 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-145. Notice of accident to be given.
(1) Whenever an accident occurs involving a railway-
(a) the railway official in charge of a railway station nearest to the place at which the accident occurs, shall, without unnecessary delay but in any case not later than twenty-four hours after the occurrence of the accident, give notice of the accident in writing or by any form of telecommunication to the officer in charge of the nearest police station; and
(b) the licensed operator shall, without unnecessary delay but in any case not later than twenty-four hours after the occurrence of the accident, send a written notice of the accident to the Commission.
(2) The notice shall contain a brief statement of the nature of the accident and the extent of the injuries or damage caused.
146 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-146. Inquiry.
(1) The licensed operator shall, as soon as possible after the occurrence of an accident, cause an inquiry to be made by a committee of officers of the licensed operator set up to investigate the cause of the accident, but in cases where there is no reasonable doubt as to the cause of the accident or the licensed operator accepts all responsibility, it shall not be necessary to hold such inquiry.
(2) The licensed operator shall submit to the Commission a report on the accident and such report shall state what action the licensed operator proposes to take with regard to the railway officials responsible for the accident or for the revision of the rules or system of working and, if an inquiry has been held under subsection (1), a report on the inquiry.
(3) The Commission may, if it is not satisfied with the report submitted to it under subsection (2), form an investigation committee to inquire into the cause of the accident.
(4) F
147 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-147. Minister may order inquiry.
(1) The Minister may order that an inquiry into the cause of any accident involving a railway be made by any person designated in such order.
(2) Any person so appointed shall have and may exercise, for the purposes of such inquiry, all the statutory and other powers as are for the time being vested in and exercisable by a magistrate for summoning and enforcing the attendance of witnesses, for administering oaths or affirmations to such witnesses and for compelling such witnesses to answer all reasonable and proper questions related to the matters which are the subject of such inquiry.
(3) The person holding such inquiry shall submit to the Minister a copy of the proceedings and report his opinion as to the cause of the accident together with full particulars of the case.
148 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-148. Meaning of "accident".
For the purposes of sections 145, 146 and 147, "accident" means an accident attended by loss of human life or grievous hurt to any member of the public, railway passenger or person engaged in the working or driving of railway trains or by serious damage to goods carried on the railway or property or an accident of such a description as is usually attended by such loss, hurt or damage.
149 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-149. Power to make rules relating to notices of accident, etc .
The Commission may make rules relating to-
(a) the forms of the notices mentioned in section 145 and the particulars of the accident which those notices are to contain;
(b) the class of accidents in respect of which a notice is to be sent by any form of telecommunication immediately after the accident has occurred;
(c) the duties of police officers, railway officials or appointed officers on the occurrence of an accident; and
(d) the procedures of any inquiry into an accident.
150 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-150. Submission of return of accidents.
Every licensed operator shall send to the Commission a return of accidents occurring in connection with the railway operated by it, whether attended with personal injury or not, in such form and manner and at such intervals or time as the Commission directs.
151 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-151. Penalty for failure to comply with section 145.
(1) A railway official in charge of a railway station who omits to give such notice of an accident as is required by paragraph 145(1) (a) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) A licensed operator who fails to give notice of an accident as is required by paragraph 145(1) (b) shall pay to the Commission a sum of one thousand ringgit for every day during which the default continues.
152 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-152. Penalty for failure to comply with section 150.
A licensed operator who fails to comply with section 150 shall pay to the Commission a sum of one thousand ringgit for every day during which the default continues after the fourteenth day from the date specified for the submission of the returns.
153 PART VI ACCIDENTS, INQUIRIES AND INVESTIGATIONS Chapter 1 - Accidents Involving Railway-153. Compulsory medical examination of persons injured in railway accident.
Whenever any person injured by an accident on a railway claims compensation on account of the injury, any court having jurisdiction over such matter may order that the person injured be examined by a duly qualified medical practitioner who is not a witness on either side, and may make such order with respect to the costs of the examination as it thinks fit.
154 Chapter 2 - Inquiries-154. Inquiries by Commission.
(1) The Commission shall, in response to a direction by the Minister, hold an inquiry on any matter of a general nature which relates to the administration of this Act, other than an inquiry under section 146 or 147.
(2) The Commission may hold an inquiry on any matter, other than an inquiry under section 146 or 147-
(a) in response to a written request from a person; or
(b) on its own initiative,
only if it is satisfied that the matter is of significant interest to either the public or to the current or prospective licensed operators under this Act.
155 Chapter 2 - Inquiries-155. Conduct of inquiry.
(1) An inquiry under this Chapter is to be conducted as and when the Commission deems fit.
(2) The Commission may combine two or more inquiries into a single inquiry.
(3) All inquiries are to be open to the public.
156 Chapter 2 - Inquiries-156. Publication of notice of inquiry.
(1) if the Commission is directed by the Minister to hold an inquiry under subsection 154(1) or decides to hold an inquiry under subsection 154(2), the Commission shall publish, in any manner it deems appropriate, a notice of the following matters:
(a) the fact that it is holding the inquiry;
(b) the period during which the inquiry is to be held;
(c) the nature of the matter to which the inquiry relates;
(d) the period of at least forty-five days within which, and the form in which, members of the public are invited to make submissions to the Commission about that matter;
(e) the matters that the Commission would like such submissions to deal with; and
(f) the address or addresses to which submissions may be sent.
(2) The Commission is not required to publish a notice of all matters referred to in subsection (1) at th
157 Chapter 2 - Inquiries-157. Private inquiry and confidential materials.
(1) Notwithstanding subsection 155(3), an inquiry or a part of an inquiry may be conducted in private if the Commission is satisfied that-
(a) a document or information that may be given, or a matter that may arise during the public inquiry or a part of the inquiry is of a confidential nature; or
(b) the inquiry or part of the inquiry of a matter or part of a matter would not be conducive to the due administration of this Act if the inquiry or part of the inquiry is open to the public.
(2) The Commission may order that all evidence, documents or other materials presented at a public inquiry which are of a confidential nature are not to be published or disclosed by any person or, that the publication or disclosure of such evidence, documents or materials by any person is to be restricted.
(3) If an inquiry or part of an inquiry takes place in private, the Commission shall give
158 Chapter 2 - Inquiries-158. Reports of public inquiry.
(1) The Commission shall publish a report of its findings in respect of any public inquiry it conducts.
(2) The Commission shall publish the report within sixty days from the conclusion of the public inquiry.
(3) The Commission shall not include in the report any document, information or material-
(a) that is of a confidential nature;
(b) the disclosure of which is likely to prejudice the fair trial of a person;
(c) that would involve the unreasonable disclosure of personal information about any individual, including a deceased individual; or
(d) that is subject to an order made under section 157.
159 Chapter 2 - Inquiries-159. Protection from civil action.
No civil proceedings shall lie against a person in respect of any loss, damage or injury of any kind suffered by another person because of any of the following acts done in good faith:
(a) the making of a request to hold an inquiry under section 154; or
(b) the making of a statement to, or giving of a document or information to, the Commission in relation to an inquiry under this Chapter.
160 Chapter 2 - Inquiries-160. Register of reports.
The Commission shall maintain a register of all reports made pursuant to an inquiry under this Chapter in accordance with section 249.
161 Chapter 3 Investigation-161. Investigation by Commission.
Notwithstanding the provisions of any other written law, the Commission shall investigate any matter pertaining to the administration of this Act if-
(a) the Minister directs the Commission to conduct an investigation into any offence under this Act which may have been or may be committed; or
(b) the Commission has grounds to believe that an offence under this Act was, is or will be committed.
162 Chapter 3 Investigation-162. Complaints to Commission.
(1) The Commission may conduct an investigation on a matter referred to in section 161 upon a written complaint by a person.
(2) The complaint shall specify the person against whom the complaint is made (referred to as the "respondent").
(3) If it appears to the Commission that-
(a) a person wishes to make a complaint; and
(b) the person requires assistance to formulate the complaint or to reduce it into writing,
it is the duty of the Commission to take reasonable steps to provide appropriate assistance to the person.
(4) If a complaint has been made to the Commission under this section, the Commission may make inquiries of the respondent for the purpose of deciding-
(a) whether the Commission has the power to investigate the matter to which the complaint relates; or
(b) whether the Commission should, in its discre
163 Chapter 3 Investigation-163. Conduct of investigation.
(1) Before beginning an investigation of a matter to which the complaint relates, the Commission shall inform the respondent that the matter is to be investigated.
(2) An investigation under this Part is to be conducted as the Commission thinks fit.
(3) The Commission may, for the purposes of an investigation, obtain information from such persons as it thinks fit.
(4) Subject to subsection (5), it is not necessary for a complainant or a respondent to be given an opportunity to appear before the Commission in connection with an investigation.
(5) The Commission shall not, as a result of the investigation, make a finding that is adverse to a complainant or respondent unless it has given the complainant or respondent an opportunity to make submissions about a matter to which the investigation relates within a time period of not less than thirty days.
(6) The Commission shall consider the submissions made by the comp
164 Chapter 3 Investigation-164. Report on investigation.
(1) After concluding an investigation, the Commission shall prepare and give to the Minister a report.
(2) The report under subsection (1) shall cover-
(a) the conduct of the investigation concerned;
(b) any findings that the Commission has made as a result of the investigation;
(c) the evidence and other material on which those findings were based; and
(d) such other matters relating to or, arising out of, the investigation as the Commission thinks fit or as the Minister directs.
165 Chapter 3 Investigation-165. Publication of reports.
The Minister may direct the Commission to publish a report of an investigation if the Minister is satisfied that the publication would be in the national or public interest.
166 PART VII Customer Protection And Resolution Of Disputes Chapter 1 Customer protection-166. Dealing with customers.
A licensee, licensed operator and terminal licensee providing land public transport services have a general duty to deal reasonably with customers and adequately address customer complaints.
167 PART VII Customer Protection And Resolution Of Disputes Chapter 1 Customer protection-167. Customer standards.
(1) The Commission may, on its own initiative or upon the recommendation of the Land Public Transport Forum, prepare or cause to be prepared customer standards which may be set out in guidelines issued under this Act, which shall include model procedures for-
(a) reasonably meeting customer requirements;
(b) the making, receipt and handling of customer complaints regarding the conduct or operations of a licensee, licensed operator or terminal licensee, handling of disputes through processes including mediation, and procedures for the compensation of customers in case of a breach of the customer standards; and
(c) the protection of customer information.
(2) The matters which the customer standards may address include-
(a) the provision of information to customers regarding services, rates and performance;
(b) the service l
168 PART VII Customer Protection And Resolution Of Disputes Chapter 1 Customer protection-168. Land Public Transport Forum.
(1) The Commission shall designate a body to be known as the "Land Public Transport Forum" for the purposes of this Act by notifying the body in writing, if the Commission is satisfied that-
(a) the membership of the body is open to all persons;
(b) the body is capable of performing its functions as required under the relevant provisions of this Act; and
(c) the body has a written constitution.
(2) The body shall agree in writing to be the Land Public Transport Forum before the designation may be registered.
169 PART VII Customer Protection And Resolution Of Disputes Chapter 1 Customer protection-169. Functions of Land Public Transport Forum.
(1) The Land Public Transport Forum shall have all the functions imposed on it under this Act and, without prejudice to the generality of the foregoing, the Land Public Transport Forum shall have the following functions:
(a) to give feedback and make recommendations to the Commission on any matters concerning the interest of customers in respect of land public transport;
(b) to represent the interests of customers in respect of land public transport;
(c) to promote customer's interest in relation to the fares, freight and other charges, and standards of land public passenger transport services;
(d) to identify and keep under review matters affecting the interests of customers and, to ensure that the licensees, licensed operators and terminal licensees are aware of and responsive to concerns about their services;
(e) to publicise the existence, functions an
170 PART VII Customer Protection And Resolution Of Disputes Chapter 1 Customer protection-170. Avoidance of contracts.
Any contract for the conveyance of a passenger in a public service vehicle, tourist vehicle or railway shall, in so far as it purports to negate or 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 public service vehicle, tourist vehicle or railway or purports to impose any condition with respect to the enforcement of any such liability, be void.
171 Chapter 2 Resolution of disputes-171. Disputes.
(1) A dispute between two or more licensees, licensed operators and terminal licensees regarding any matter under this Act shall first be attempted to be resolved by negotiation between the parties to the dispute.
(2) Subject to section 138, if the parties to the dispute fail to reach an agreement, the parties may seek the resolution of the dispute by referring the dispute to the Commission.
(3) The Commission shall establish a committee to hear and resolve the dispute.
(4) Notwithstanding subsection (1)-
(a) the Commission may refer any dispute under section 138; or
(b) the parties to any dispute involving a claim in respect of any aspect of land public transport, whether against any licensee, licensed operator or terminal licensee or otherwise, may jointly seek resolution of such dispute by referring such dispute,
to the committee established by the Commissio
172 Chapter 2 Resolution of disputes-172. Dispute procedures.
(1) A committee established by the Commission to hear and resolve disputes may only do so under this Chapter if it is notified in writing of the dispute or pursuant to a referral under subsection 171(4).
(2) The committee shall adopt such procedures as it deems fit and proper in hearing a dispute.
173 Chapter 2 Resolution of disputes-173. Committee to decide on notified disputes.
(1) Upon receipt of a notification in writing by the parties to the dispute referred to in subsection 171(2) or pursuant to a referral under subsection 171(4), the committee shall as soon as practicable convene to decide the dispute.
(2) The committee shall be bound under subsection (1) to convene to decide a dispute if it is satisfied that-
(a) an agreement will not be reached, or will not be reached within a reasonable time;
(b) the notification of the dispute is not trivial, frivolous or vexatious; and
(c) the resolution of the dispute would promote the objects of this Act.
(3) The committee may resolve the dispute upon such terms and conditions as it deems fit.
174 Chapter 2 Resolution of disputes-174. Decisions to be in writing.
(1) The terms and conditions of any resolution of a dispute by the committee under this Chapter shall be accompanied with reasons and be in writing.
(2) The committee shall provide the parties to the dispute with a copy of its decision as soon as practicable.
(3) The decision of the committee shall be deemed to be the decision of the Commission and shall be binding on the parties to the dispute.
175 Chapter 2 Resolution of disputes-175. Registration of decisions.
(1) The Commission shall maintain a register of all decisions of the committee under this Chapter in accordance with section 249.
(2) The register shall contain-
(a) the names of the parties to the dispute;
(b) a general description of the matter pertaining to the decision and the decision; and
(c) the date of the decision,
except the reasons for the decision.
176 Chapter 2 Resolution of disputes-176. Enforcement of decisions.
A decision given by the Commission may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the decision.
177 PART VIII Appeal Tribunal-177. Establishment of Appeal Tribunal.
There shall be established an Appeal Tribunal for the purpose of reviewing any decision or direction of the Commission under this Act on appeal, except a decision under subsection 17(3), 37(3) or 52(3).
178 PART VIII Appeal Tribunal-178. Constitution of Appeal Tribunal.
(1) The Appeal Tribunal shall consist of the following members who shall be appointed by the Minister:
(a) a Chairman; and
(b) at least two other members, or such greater even number of members as the Minister thinks necessary.
(2) The Minister shall appoint a person who is a member of the Judicial and Legal Service of the Federation for at least ten years or who is a practising advocate and solicitor of the High Court for at least ten years to be the Chairman of the Appeal Tribunal.
(3) The appointment of the members of the Appeal Tribunal shall be published in the Gazette .
(4) A member of the Appeal Tribunal referred to in paragraph (1) (b) -
(a) shall hold office for a term not exceeding three years; and
(b) shall be eligible for reappointment upon expiry of his term of office, but shall not be appointed
179 PART VIII Appeal Tribunal-179. Allowances.
(1) The members of the Appeal Tribunal appointed under section 178 shall be paid such fixed allowances and other allowances as the Minister may determine.
(2) The members of the Appeal Tribunal shall be paid-
(a) a daily sitting allowance during the sitting of the Appeal Tribunal; and
(b) a lodging, travelling and subsistence allowance,
as the Minister may determine.
180 PART VIII Appeal Tribunal-180. Resignation and revocation of appointment.
(1) The Chairman or any other member of the Appeal Tribunal may at any time resign his office by giving a written notice to the Minister.
(2) The Minister may at any time revoke the appointment of the Chairman or any other member of the Appeal Tribunal if-
(a) he is of unsound mind or otherwise incapable of performing his duties or managing his affairs;
(b) he becomes bankrupt or insolvent;
(c) he is prohibited from being a director of a company under the provisions of any written law relating to companies;
(d) he has been convicted of an offence under any law by a court in Malaysia;
(e) he is guilty of serious misconduct in relation to his duties;
(f) he fails to comply with his obligations under section 182; or
(g) his performance has been unsatisfactory for a significant period of time.
181 PART VIII Appeal Tribunal-181. Vacation of office and temporary appointments.
(1) The office of the Chairman or any other member of the Appeal Tribunal shall be vacated if-
(a) he dies;
(b) he resigns or otherwise vacates his office before the expiry of the term for which he is appointed; or
(c) his appointment is revoked under section 180.
(2) The Minister shall appoint another person in accordance with section 178 to replace the Chairman or any other member of the Appeal Tribunal during a vacancy in the office of the Chairman or other member of the Appeal Tribunal.
(3) The Minister may appoint temporarily another person in accordance with section 178 to act as the Chairman or any other member of the Appeal Tribunal-
(a) during any period when the Chairman or member is absent from any duty or from Malaysia; or
(b) if the Chairman or member is, for any other reason, unable to perform the du
182 PART VIII Appeal Tribunal-182. Disclosure of interest.
(1) A member of the Appeal Tribunal shall disclose, as soon as practicable, to the Chairman any interest, whether substantial or not, which might conflict with the member's duties as a member of the Appeal Tribunal in a particular matter.
(2) If the Chairman is of the opinion that the member's interest is in conflict with the member's duties as a member of the Appeal Tribunal, the Chairman shall inform all the parties to the matter of the conflict.
(3) If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Appeal Tribunal in relation to that matter.
(4) If a party to the matter objects to the conflict, the member of the Appeal Tribunal shall not continue to execute his duties as a member of the Appeal Tribunal in relation to that matter.
(5) The failure by the member to disclose his interest under subsection (1) shall-
(a)
183 PART VIII Appeal Tribunal-183. Secretary to Appeal Tribunal and other officers.
(1) There shall be appointed a Secretary to the Appeal Tribunal and such number of officers as may be necessary for carrying out the functions of the Appeal Tribunal.
(2) The Minister may designate such number of public officers as the Minister thinks fit to assist the Secretary in carrying out his functions under subsection (1).
(3) For the purposes of this Act, the Secretary and the officers designated under subsection (2) shall be deemed to be officers of the Appeal Tribunal.
184 PART VIII Appeal Tribunal-184. Appeal to Appeal Tribunal.
(1) A person who is aggrieved by a decision or direction of the Commission as set out in section 177 may, subject to the payment of such fees and compliance with such terms and conditions as may be prescribed, appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal.
(2) A notice of appeal shall be made in writing to the Appeal Tribunal within thirty days from the date of the decision or direction of the Commission and the appellant shall give a copy of the notice of appeal to the Chairman of the Commission.
(3) The notice of appeal shall state shortly the substance of the decision or direction of the Commission appealed against, contain an address at which any notices or documents connected with the appeal may be served upon the appellant or upon his advocate and shall be signed by the appellant or his advocate.
185 PART VIII Appeal Tribunal-185. Record of decision or direction of Commission.
(1) The aggrieved person referred to in subsection 184(1) may, on his own initiative, request in writing to the Commission for a statement of the grounds of the decision or direction of the Commission appealed against.
(2) Subject to subsection (3), the Commission shall, upon receiving the written request under subsection (1), provide a copy of a statement of its grounds for its decision or direction to the aggrieved person upon payment of a prescribed fee.
(3) When a notice of appeal has been filed with the Appeal Tribunal under subsection 184(1), the Commission shall, if it had not already written its grounds for its decision or direction for the matter stated in the notice as requested by the appellant under subsection (1), record in writing its grounds for its decision or direction and the written grounds shall form part of the record of proceedings before the Appeal Tribunal.
186 PART VIII Appeal Tribunal-186. Stay of decision or direction pending appeal.
(1) Pending the decision of an appeal by the Appeal Tribunal, a decision or direction of the Commission shall be valid, binding and enforceable, except where a stay of the decision or direction of the Commission has been applied for by the appellant and granted by the Appeal Tribunal.
(2) An application for a stay shall be in writing and shall be made to the Appeal Tribunal on or after the notice of appeal has been filed with the Appeal Tribunal.
187 PART VIII Appeal Tribunal-187. Composition of Appeal Tribunal.
(1) Every proceeding of the Appeal Tribunal shall be heard and disposed of by three members or such greater uneven number of members of the Appeal Tribunal as the Chairman may in any particular case determine.
(2) In the absence of the Chairman, the senior member of the Appeal Tribunal shall preside.
188 PART VIII Appeal Tribunal-188. Sittings of Appeal Tribunal.
(1) The Appeal Tribunal shall sit on such dates and at such places as the Chairman may from time to time appoint.
(2) The Chairman may cancel or postpone any sitting of the Appeal Tribunal and may change the place of the sittings which has been appointed under subsection (1).
(3) Any changes to the dates or places of any sitting of the Appeal Tribunal shall be informed to the parties to the appeal by written notice.
189 PART VIII Appeal Tribunal-189. Procedure of Appeal Tribunal.
The Appeal Tribunal shall decide its own procedures.
190 PART VIII Appeal Tribunal-190. Powers of Appeal Tribunal.
(1) The Appeal Tribunal shall have power-
(a) to summon parties to the proceedings or any other person to attend before it to give evidence in respect of an appeal;
(b) to procure and receive evidence on oath or affirmation whether written or oral, and examine all such persons as witnesses as the Appeal Tribunal considers necessary;
(c) where a person is so summoned, to require the production of any information, document or other thing in his possession or under his control which the Appeal Tribunal considers necessary for the purposes of the appeal;
(d) to administer any oath, affirmation or statutory declaration, as the case may require;
(e) where a person is so summoned, to allow the payment for any reasonable expenses incurred in connection with his attendance;
(f) to admit evidence or reject evidence adduced, whether oral or documenta
191 PART VIII Appeal Tribunal-191. Decision of Appeal Tribunal.
(1) The decision of the Appeal Tribunal, on any matter, shall be decided on a majority of the members.
(2) A decision of the Appeal Tribunal is final and binding on the parties to the appeal and is not subject to further appeal.
192 PART VIII Appeal Tribunal-192. Enforcement of decision of Appeal Tribunal.
A decision given by the Appeal Tribunal may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the decision.
193 PART VIII Appeal Tribunal-193. Immunity of action for act or omission done in good faith.
No action or suit shall be instituted or maintained in any court against-
(a) the Appeal Tribunal;
(b) the Chairman or any member of the Appeal Tribunal; and
(c) the Secretary or any other officer of the Appeal Tribunal,
for any act or omission done or omitted by it or him in good faith in the performance of its or his functions and the exercise of its or his powers under this Act.
194 PART IX ASSUMPTION OF CONTROL-194. Action by Minister in certain circumstances.
(1) Where a licence or operator's licence issued under this Act has been revoked or suspended under section 9, 27, 45, 62 or 104, and the Minister is satisfied that it is in the public interest for any of the services or facilities provided by the licensee, licensed operator or terminal licensee to be continued
(a) the Minister may by order published in the Gazette provide for the Commission to assume control of the whole of the property, business and affairs of that licensee, licensed operator or terminal licensee and carry on the whole of its business and affairs, or to assume control of such part of its property, business and affairs and carry on such part of its business and affairs, as may be set out in the order, or for the Commission to appoint any person to do so on behalf of the Commission and for the costs and expenses of the Commission or the remuneration of the person so appointed, as the case may be,
195 PART IX ASSUMPTION OF CONTROL-195. Action by Minister in respect of licensee, licensed operator or terminal licensee in national interest.
(1) Notwithstanding any other provisions of this Act or any other written law, the Minister may, if he thinks it necessary for national interest, by order published in the Gazette , direct-
(a) the Commission to assume control of the whole of the property, business and affairs of a licensee, licensed operator or terminal licensee and to carry on the whole of the licensee's, licensed operator's or terminal licensee's business and affairs;
(b) the Commission to assume control of such part of the property, business and affairs of a licensee, licensed operator or terminal licensee as may be specified by the Minister and to carry on such part of the licensee's, licensed operator's or terminal licensee's business and affairs; or
(c) the Commission to appoint any person to exercise any of the actions directed in paragraph (a) or (b) on behalf of the Commission; and
<196 PART IX ASSUMPTION OF CONTROL-196. Provisions relating to appointment under section 194 or 195.
(1) A person appointed by the Commission under paragraph 194(1) (a) or 195(1) (c) shall be appointed for such period as may be determined by the Commission, but not exceeding, in any case, two years, but may be reappointed by the Commission with the approval of the Minister for three further consecutive periods not exceeding one year each, and shall during such period of appointment or reappointment hold his appointment at the pleasure of the Commission.
(2) The terms and conditions of the appointment referred to in subsection (1) shall, subject to the order under which the appointment is made and to subsection (1), be determined by the Commission and shall be binding on the licensee, licensed operator or terminal licensee concerned.
(3) A person holding any appointment as is referred to in subsection (1) shall not incur any obligation or liability solely by reason of his holding such appointment.
(4) Where a rec
197 PART IX ASSUMPTION OF CONTROL-197. Provisions relating to assumption of control under section 194 or 195.
(1) Where the control of a licensee, licensed operator or terminal licensee has been assumed in pursuance of an order under section 194 or 195, the licensee, licensed operator or terminal licensee or, where the licensee, licensed operator or terminal licensee is a company, the company and its directors, and officers shall submit its property, business and affairs to such control, and shall provide the Commission or, if the control is assumed by a person appointed by the Commission (referred to as the "appointed person"), to such appointed person, all such facilities as may be required to carry on the business and affairs of the licensee, licensed operator or terminal licensee.
(2) Where the control of a licensee, licensed operator or terminal licensee has been assumed in pursuance of an order under section 194 or 195, the Commission or the appointed person, as the case may be, shall remain in control of the property, business and affairs of the
198 PART X COMMON OFFENCES AND PENALTIES-198. Unlawfully bringing dangerous or offensive goods or luggage.
(1) No person shall bring or cause to be brought onto a relevant vehicle or railway, any dangerous or offensive goods or luggage-
(a) of a prescribed class or kind; and
(b) except in accordance with regulations made under this Act in respect of the carriage of dangerous or offensive goods by relevant vehicles or railways.
(2) Nothing in this section or any order or regulations made under this Act shall be construed as to derogate from any written law in force relating to the possession or transport of dangerous or offensive goods or luggage.
(3) A licensee or licensed operator may refuse to carry any goods or luggage that is suspected to contain articles of a dangerous nature, and may require the goods or luggage to be opened.
(4) In case any such goods or luggage has been received by any licensee or licensed operator for the purpose of being carried on the relevant ve
199 PART X COMMON OFFENCES AND PENALTIES-199. Entering or leaving railway coach, public service vehicle or tourism vehicle, etc , while in motion or travelling irregularly.
Any passenger who gets into or upon, or attempts to get into or upon, or quits or attempts to quit any railway coach, public service vehicle or tourism vehicle while such coach or vehicle is in motion, or who travels or attempts to travel on or in any part of the coach or vehicle not intended for the use of passengers, commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit for each offence.
200 PART X COMMON OFFENCES AND PENALTIES-200. Disorderly or offensive behaviour or nuisance.
Any person who-
(a) behaves in a disorderly or offensive manner or commits any nuisance on a railway coach, railway premises, public service vehicle or tourism vehicle; or
(b) assaults, hinders or obstructs a licensee or licensed operator or an employee of the licensee or licensed operator, including a railway official, in the execution of his duties,
commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both, and in addition, the offender may be removed by the licensee or licensed operator or an employee of the licensee or licensed operator from such railway coach, railway premises, public service vehicle or tourism vehicle and shall, if he is a passenger, forfeit his fare.
201 PART X COMMON OFFENCES AND PENALTIES-201. Wilful act or omission endangering passenger.
A person who wilfully does any act, or wilfully omits to do what he is legally bound to do, intending by such act or omission to cause or knowing that he is thereby likely to cause the safety of any person travelling or being upon a railway, public service vehicle or tourism vehicle to be endangered, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
202 PART X COMMON OFFENCES AND PENALTIES-202. Negligent act.
A person who rashly or negligently, and without lawful excuse, does any act which is likely to endanger his own safety or that of any person travelling or being upon a railway, public service vehicle or tourism vehicle, commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
203 PART X COMMON OFFENCES AND PENALTIES-203. Smoking prohibited.
(1) No person shall smoke any cigarette or tobacco products in or on any railway or railway premises, public service vehicle or tourism vehicle.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
204 PART X COMMON OFFENCES AND PENALTIES-204. Making false statements, etc .
(1) If any person-
(a) for the purpose of obtaining under the provisions of this Act the issuance of any type or description of licence or operator's licence to himself or to any other person or the variation of any such licence or operator's licence, or for the purpose of preventing the issuance or variation of any such licence or operator's licence or of procuring the imposition of any condition or limitation in relation to any such licence or operator's 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 issuance of a licence or operator's licence under this Act which to his knowledge is false or in any material respect misleading;
(c) furnishes any information to the Commission in response to a request made by the C
205 PART X COMMON OFFENCES AND PENALTIES-205. Soliciting or touting.
(1) Any person who, without lawful authority, solicits or touts for the purposes of offering services in connection with accepting for hire or reward the carriage of passengers or plying for hire or reward, whether or not carried out by that person, at any public place or its ancillary areas or in the vicinity of such place, commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(2) Notwithstanding any other provisions in this Act, a police officer, road transport officer or appointed officer may arrest without warrant any person who has committed or is suspected of having committed an offence under this section and shall without unnecessary delay, bring the person arrested to the nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in forc
206 PART X COMMON OFFENCES AND PENALTIES-206. Penalty for fraud.
Any person who-
(a) defrauds or attempts to defraud a licensed operator of a public service vehicle service or railway service, which requires fares to be paid in advance of the provision of such service-
(i) by travelling or attempting to travel upon a public service vehicle or railway without having previously paid his fare;
(ii) by riding in or upon a railway carriage of a higher class than that for which he has paid his fare; or
(iii) by continuing his journey in or upon any of the public service vehicles or railway carriages beyond the station for which he has paid his fare without having previously either paid the fare for the additional distance or obtained the sanction of the driver of the public service vehicle or station master or guard of the railway train;
(b) knowingly and wilfully refuses or neglects on arriving at the station to which he has
207 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-207. Provision of information.
(1) Notwithstanding any other written law, if the Commission has reasonable grounds to believe that any person-
(a) has any information or document that is relevant to the performance of the powers and functions of the Commission under the land public transport laws; or
(b) is capable of giving any evidence which the Commission has reasonable grounds to believe is relevant to the performance of the powers and functions of the Commission under the land public transport laws,
it may, by a written notice, order the person-
(A) to give an appointed officer, within the period and in the manner and form specified in the notice, any such information;
(B) to produce to an appointed officer, within the period and in the manner specified in the notice, any such documents, whether in a physical form or in electronic media;
(C) to make copies of any such docum
208 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-208. Proof of compliance.
A person shall, if at any time called upon in writing by the Commission to do so, provide to the Commission or its appointed officer all documents and information as the person may have relating to his compliance with any of the provisions of this Act, as the Commission may generally, or in relation to any particular case, require.
209 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-209. Commission may retain documents.
(1) The Commission may take and retain for as long as is necessary possession of a document provided by any person under this Chapter.
(2) The person who provided the document is entitled to be supplied, as soon as practicable, with a copy certified by the Commission to be a true copy of the document.
(3) Notwithstanding any other written law, the certified copy of the document shall be received by all courts and tribunals as evidence as if it was the original document.
(4) Until a certified copy of the document is supplied, the Commission shall, at such times and places as the Commission deems appropriate, permit the person who provided the document or a person authorized by the person to inspect and make copies of or take extracts from the original document.
(5) If the Commission is satisfied that the retaining of the document is no longer necessary, the Commission may return the document to the person who provided the
210 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-210. Access to records.
(1) A licensee, licensed operator or terminal licensee shall, if at any time requested by the Commission by written notice, allow the Commission or its appointed officer access to its records if the Commission has reasonable grounds to believe that the licensee, licensed operator or terminal licensee-
(a) has any information or document that is relevant to the performance of the powers and functions of the Commission under the land public transport laws; or
(b) is capable of giving any evidence which the Commission has reasonable grounds to believe is relevant to the performance of the powers and functions of the Commission under the land public transport laws.
(2) A licensee, licensed operator or terminal licensee who fails to comply with the written notice under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit
211 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-211. Incorrect records.
A person shall not, in purported compliance with a requirement imposed by the rules made by the Commission under paragraph 253(1) (m) in relation to record-keeping, make a record of any matter or thing in such a way that it does not correctly record the matter or thing.
212 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-212. Record of information.
(1) The Commission shall maintain a record of all information or documents received pursuant to a written notice given under subsection 207(1).
(2) A record maintained under subsection (1) may be made available to the public.
213 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-213. Publication of information.
(1) The Commission may publish any information received by it in the course of exercising its powers and functions under this Chapter.
(2) The Commission shall consider the commercial interest of the parties to whom the information relates before publishing such information.
(3) The Commission shall not publish any information or any part of any information disclosed to it if the publication-
(a) is likely to prejudice the fair trial of a person; or
(b) would involve the unreasonable disclosure of personal information about any individual, including a deceased person,
but the Commission may publish an extract relating to such information provided that the particulars in the extract shall not be arranged in any way which would compromise or prejudice the person providing such information.
214 PART XI INFORMATION GATHERING POWERS AND ENFORCEMENT PROVISIONS Chapter 1 - Information Gathering Powers-214. Offence for non-compliance.
A person who fails to comply with an order of the Commission in accordance with this Chapter commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
215 Chapter 2 - Enforcement Powers of Appointed Officers-215. Appointed officer.
(1) The Commission may, in writing, appoint such number of its employees or any public officer, other than a police officer and road transport officer, to exercise the powers of enforcement under the land public transport laws.
(2) Any person appointed under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code [ Act 574 ].
(3) The Commission may make rules on the uniform for and identification cards to be carried by appointed officers while on duty.
216 Chapter 2 - Enforcement Powers of Appointed Officers-216. Power of investigation.
(1) An appointed officer may investigate the activities of a licensee, licensed operator or terminal licensee in relation to the commission of an offence under this Act.
(2) Notwithstanding anything in this Act or any other written law, an appointed officer shall have the right to be present at the site of any accident involving a railway for the purpose of investigating the same and preparing a report of the investigation and recommendations to be submitted to the Commission.
(3) For the avoidance of doubt, it is declared that for the purposes of this Act, the appointed officer shall have all or any of the powers of a police officer of whatever rank in relation to police investigations in seizable cases as provided for under the Criminal Procedure Code [ Act 593 ], and such powers shall be in addition to the powers provided under this Act and shall not be in derogation thereof.
217 Chapter 2 - Enforcement Powers of Appointed Officers-217. Power of arrest.
(1) An appointed officer may arrest without warrant any person-
(a) found committing or attempting to commit or abetting the commission of an offence under this Act; or
(b) whom the appointed officer reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of an offence under this Act.
(2) An appointed officer making an arrest under subsection (1) shall, without unnecessary delay make over the person so arrested to the nearest police officer or, in the absence of a police officer, take such person to the nearest police station, and thereafter the person shall be dealt with as is provided by the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.
218 Chapter 2 - Enforcement Powers of Appointed Officers-218. Search and seizure with warrant.
(1) If it appears to a Magistrate, upon written information on oath from the appointed officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, so that any evidence or thing which is necessary to the conduct of an investigation into an offence may be found in any premises, the Magistrate may issue a warrant authorising the appointed officer named in the warrant to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force and there to search for and seize any such evidence or thing, provided that nothing shall authorize any court other than a High Court to grant a warrant to search for a postal article, telegram or other documents in the custody of the postal or telegraph authorities.
(2) Without affecting the generality of subsection (1), the warrant issued b
219 Chapter 2 - Enforcement Powers of Appointed Officers-219. Search and seizure without warrant.
If an appointed officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 218 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the appointed officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 218 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.
220 Chapter 2 - Enforcement Powers of Appointed Officers-220. Access to computerized data.
An appointed officer conducting a search under sections 218 and 219 shall be given access to computerized data whether stored in a computer or otherwise, and for such purpose shall be provided the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of the computerized data.
221 Chapter 2 - Enforcement Powers of Appointed Officers-221. Warrant admissible notwithstanding defects.
A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant and any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under such warrant shall be admissible in evidence in any proceedings under this Act.
222 Chapter 2 - Enforcement Powers of Appointed Officers-222. List of books, documents, etc , seized.
(1) Except as provided in subsection (2), where any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter is seized pursuant to this Act, the appointed officer making the seizure-
(a) shall prepare-
(i) a list of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized and shall sign the list; and
(ii) a written notice of the seizure containing the grounds for the seizure and shall sign the notice; and
(b) shall as soon as practicable serve a copy of the list of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized and the written notice of the seizure to the occupier of the pr
223 Chapter 2 - Enforcement Powers of Appointed Officers-223. Release of books, documents, etc , seized.
(1) Without prejudice to section 80, if any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter has been seized under this Act, the appointed officer who effected the seizure may, after referring to the Public Prosecutor, release the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter to the person as he determines to be lawfully entitled to it, if the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in such event neither the appointed officer effecting the seizure, nor the Federal Go
224 Chapter 2 - Enforcement Powers of Appointed Officers-224. Power to require attendance of person acquainted with case.
(1) An appointed officer making an investigation under this Act may by order in writing require the attendance before himself of any person who appears to the appointed officer to be acquainted with the facts and circumstances of the case, and such person shall attend as so required.
(2) If any person refuses or fails to attend as so required, the appointed officer may report such refusal or failure to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).
225 Chapter 2 - Enforcement Powers of Appointed Officers-225. Examination of person acquainted with case.
(1) An appointed officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(2) uch person shall be bound to answer all questions relating to the case put to him by the appointed officer:
Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) The appointed officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section shall, whenever possible, be taken down
226 Chapter 2 - Enforcement Powers of Appointed Officers-226. Admissibility of statements in evidence.
(1) Except as provided in this section, no statement made by any person to an appointed officer in the course of an investigation made under this Act shall be used in evidence.
(2) When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the appointed officer in the course of the investigation under this Act and may then, if the courts thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56] .
(3) Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.
(4) Nothing in this section shall be deemed to a
227 Chapter 2 - Enforcement Powers of Appointed Officers-227. Forfeiture of books, documents, etc , seized.
(1) Without prejudice to section 80, any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized shall be liable to forfeiture.
(2) An order for the forfeiture of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized and liable to forfeiture under this Act shall be made by the court before which the prosecution with regard thereto has been held if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized was the subject matter of or was used in the commission of the offence, notwithstanding that no person has been convicted of such offence.
(3
228 Chapter 2 - Enforcement Powers of Appointed Officers-228. Cost of holding books, documents, etc , seized.
Where any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under this Act is held in the custody of the Government or the Commission pending the completion of any proceedings in respect of an offence under this Act, the cost of holding such thing in custody shall, in the event of any person being found to have committed an offence, be a debt due to the Government by such person and shall be recoverable accordingly.
229 Chapter 2 - Enforcement Powers of Appointed Officers-229. No cost or damages arising from seizure to be recoverable.
No person shall, in any proceedings before any court in respect of any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
230 Chapter 2 - Enforcement Powers of Appointed Officers-230. Additional powers.
An appointed officer shall, for the purposes of the execution of this Act, have power to do all or any of the following:
(a) to require the production of any book, accounts, documents, computerized data, card, letter, pamphlet, leaflet or notice kept by a licensee, licensed operator, terminal licensee or any other person and to inspect, examine and to download from them, make copies of them or take extracts from them;
(b) to require the production of any identification document from any person in relation to any act or offence under this Act;
(c) to make such enquiries as may be necessary to ascertain whether the provisions of this Act have been complied with.
231 Chapter 3 - Enforcement Powers of Police Officers, Etc-231. Power of 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 XIIIof 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.
232 Chapter 3 - Enforcement Powers of Police Officers, Etc-232. Power of road transport officer 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, furnishes as true information which he knows or has reason to believe to be false, 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) 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 inadvertently or without criminal or fraudulent intent.
233 Chapter 3 - Enforcement Powers of Police Officers, Etc-233. Appointed officer not in uniform to produce identification card.
(1) Every appointed 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 Commission may direct an appointed officer to carry.
(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, road transport officer or appointed officer, not in uniform, if such police officer, road transport officer or appointed officer refuses to declare his office and produce his identification document on demand being made by such person.
234 Chapter 4 - Miscellaneous-234. Obstruction.
A person who-
(a) refuses any police officer, road transport officer or appointed officer access to any premises which such officer is entitled to have under this Act or in the execution of any duty imposed or power conferred by this Act;
(b) assaults, obstructs, hinders or delays any police officer, road transport officer or appointed officer in effecting any entry which the police officer, road transport officer or appointed officer is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act; or
(c) refuses to give any police officer, road transport officer or appointed officer any information relating to an offence or suspected offence under this Act or any other information which is relevant to the performance of the functions and powers of the Commission under the land public transport laws and which he has in his knowledge or power to
235 Chapter 4 - Miscellaneous-235. Compounding of offences.
(1) The Minister may prescribe any offence under this Act as an offence which may be compounded.
(2) Any of the following persons, namely-
(a) the Chairman of the Commission or any appointed officer authorized by the Commission;
(b) a Chief Police Officer, a Commissioner of Police or any police officer not below the rank of Inspector specially authorized in writing by name or by office in that behalf by the Minister responsible for the police;
(c) the Director General or Director for Road Transport or any road transport officer specially authorized in writing by name or by office in that behalf by the Director General;
(d) the Dato Bandar;
(e) the Perbadanan Putrajaya; or
(f) an officer of the appropriate authority declared to be an appropriate authority under paragraph (a) of the definition of "appropriate authority" in s
236 Chapter 4 - Miscellaneous-236. Commission to be informed of convictions and compounds.
(1) When, during any proceedings leading to the conviction, or upon the conviction, of any person for any criminal offence whatsoever, it comes to the knowledge of the court recording such conviction that such person (whether or not such person is in possession of a licence or operator's licence issued under this Act) is, or has been, or has acted as, the driver, conductor or owner of a public service vehicle or operator of a public service vehicle service, or driver or owner of a tourism vehicle, or driver or owner of a goods vehicle or operator of a goods vehicle service, or operator of a terminal, the court shall immediately send particulars of such conviction, and of any sentence passed thereon, to the Commission.
(2) Where any court convicts a person of any offence under sections 40 to 49 and section 69 of the Road Transport Act 1987, and the person so convicted is the holder of a licence to act as the driver or conductor of a public servi
237 Chapter 4 - Miscellaneous-237. Recovery of fares, freight, special charges, etc .
(1) When any person is convicted before a court of criminal jurisdiction for an offence under this Act, the court may, in addition to imposing any penalty under this Act, fix or assess the amount of any fares, freight, special charges, surcharges, damages, expenses or other sums of money whatsoever which may have become payable by such person to a licensee, licensed operator or terminal licensee, and order such amount to be paid by such person to the licensee, licensed operator or terminal licensee.
(2) Nothing in subsection (1) shall prevent the recovery of any fares, freight, special charges, surcharges, damages, expenses or other sums of money whatsoever which may have become payable by any person to a licensee, licensed operator or terminal licensee by way of a civil claim before a court of civil jurisdiction.
238 Chapter 4 - Miscellaneous-238. Provisions as to evidence.
(1) A copy of a licence, operator's licence or approval, certified by the Chairman of the Commission to be a true copy of such licence, operator's licence or approval, 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 licence, operator's licence or approval or the copy thereof.
(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, operator's licence or approval, a certificate purporting to be signed by the Chairman of the Commission and certifying that a person was, or was not, the holder of a licence, operator's licence or approval, shall be admissible as evidence and shall constitute prima facie proof of the facts certified in such certificate, without proof of
239 Chapter 4 - Miscellaneous-239. 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 passengers in a public service vehicle, tourism vehicle or railway, as the case may be, was for hire or reward;
(b) that any conveyance of goods in a goods vehicle or railway, as the case may be, was for hire or reward;
(c) that passengers carried in-
(i) a public service vehicle were being carried in consideration of separate payments made by them;
(ii) a tourism vehicle were being carried in consideration of a single or separate payments made by them;
(iii) a railway were being carried in consideration of separate payments made by them;
(d) that any person is not the holder of a vocational licence under Chapter 6 of Part IV;
240 Chapter 4 - Miscellaneous-240. Liability of registered owner and others in respect of relevant vehicle.
(1) Unless expressly provided otherwise, any act or omission by any servant, agent or partner of the owner of a relevant vehicle shall, for the purpose of any prosecution or proceeding under this Act, be deemed to be the act or omission of the owner, unless he satisfies the court that he has taken all reasonable steps and precautions to prevent such act or omission.
(2) In the event of any act or omission by any servant, agent or partner of the owner of a relevant vehicle which would have been an offence against this Act if committed by the owner, that servant, agent or partner shall also be guilty of that offence.
241 Chapter 4 - Miscellaneous-241. Prosecution.
(1) No prosecution for any offence under this Act shall be instituted except with the consent in writing of the Public Prosecutor.
(2) Any appointed officer authorized in writing by the Public Prosecutor may conduct the prosecution of any offence committed under this Act.
242 Chapter 4 - Miscellaneous-242. 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
243 Chapter 4 - Miscellaneous-243. Abetment and attempt punishable as offences.
(1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.
(2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for that offence:
Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for that offence.
244 Chapter 4 - Miscellaneous-244. Protection of informers.
(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.
(2) If any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.
(3) If in a trial for an offence under this Act the court, after full inquiry into the case, is of the opinion that the informer wilfully m
245 Chapter 4 - Miscellaneous-245. Manner of service of documents.
(1) Service of any document on any person shall be effected-
(a) by delivering the document to the person or by delivering the document to the last-known address of residence of the person;
(b) by leaving the document at the last-known address of residence or place of business of the person in a cover addressed to that person; or
(c) by forwarding the document by post in a prepaid letter addressed to the person at his last-known address of residence or place of business.
(2) A document required to be served on the owner, management corporation or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner", "management corporation" or "occupier" of such premises without further name or description and may be served by delivering the document to an adult person on the premises or, if there is no such person on the pre
246 Chapter 4 - Miscellaneous-246. Inaccuracies in document.
(1) No misnomer or inaccurate description of any person, premises, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act shall in any way affect the operation of this Act with respect to that person or place if that person or place is so designated in the document as to be identifiable.
(2) No proceedings taken under or by virtue of this Act shall be invalid for want of form.
247 PART XII GENERAL-247. Land Public Transport Fund.
(1) A fund to be known as the "Land Public Transport Fund" is established and shall be controlled and operated by the Commission.
(2) The Land Public Transport Fund shall consist of-
(a) such sums as may be provided by Parliament from time to time for the purposes of land public transport;
(b) all moneys received for the purposes of this Fund pursuant to section 13; and
(c) such other moneys as may be determined by the Minister.
(3) The Land Public Transport Fund shall be expended for the following purposes:
(a) the improvement of land public transport;
(b) the provision of land public transport services in rural developments; or
(c) such other purposes related to land public transport as may be determined by the Minister.
(4) All costs, charges and expenses of administering
248 PART XII GENERAL-248. Reporting to Minister on industry performance.
(1) The Commission shall monitor all significant matters relating to the land public transport and report thereof to the Minister at the end of each financial year of the Commission.
(2) In performing its functions under subsection (1), the Commission shall have regard to such industry performance indicators as the Commission considers appropriate.
(3) The Commission shall monitor and report on the following matters:
(a) the operation and administration of this Act;
(b) the rates applicable for land public transport services;
(c) the total investments in respect of land public transport during such financial year;
(d) the required investment in land public transport in the following year;
(e) the service and performance standards of licensees and licensed operators;
(f) the environmental standards in relation to land public
249 PART XII GENERAL-249. Register.
(1) The Commission shall maintain a register in both physical and electronic forms of all matters which are required to be registered under this Act.
(2) A person may, on payment of a prescribed fee-
(a) inspect the register; and
(b) make a copy of, or take extracts from, the register.
(3) If a person requests that a copy be provided in an electronic form, the Commission may provide the relevant information-
(a) on a data processing device; or
(b) by way of electronic transmission.
250 PART XII GENERAL-250. Directions by Commission.
(1) The Commission may from time to time issue directions in writing to any person, as provided for in this Act, about the compliance or non-compliance of any condition of a licence or operator's licence or any provision of this Act, including the remedying of a breach of a condition of the licence or operator's licence or any provision of this Act.
(2) Prior to making a direction under subsection (1), the Commission shall issue a notice in writing to the person specifying the nature of the required compliance.
(3) The person shall be granted an opportunity to be heard or may submit a written submission on the reasons for his or its conduct or activity within a reasonable time period specified in the notice.
(4) After expiry of the notice specified in subsection (3), the Commission shall take into consideration any reasons provided by the person before making a decision in relation to the relevant conduct or activity of the pers
251 PART XII GENERAL-251. General exemption.
(1) The Minister may, on the recommendation of the Commission, if he considers it consistent with the purposes of this Act or in the interest of the public, by order published in the Gazette exempt a licensee, licensed operator or terminal licensee, or a relevant vehicle or railway or a class thereof from all of or any of the provisions of this Act for such duration and subject to such terms and conditions as the Minister may specify.
(2) The Minister may at any time, on the recommendation of the Commission, by order published in the Gazette , revoke any order made under subsection (1).
252 PART XII GENERAL-252. Power of Minister to make regulations.
(1) The Minister may, on the recommendation of the Commission, make regulations for all or any of the following purposes:
(a) to provide for all matters relating to the issuance of licences, operator's licences and approvals under this Act and the issuance of copies of licences, operator's licences and approvals in the case of licences, operator's licences and approvals that are lost or destroyed, including-
(i) the eligibility of persons applying for licences, operator's licences or approvals;
(ii) the procedure on applications, including standard information required to be furnished to the Commission and determination of questions in connection with the issuance, variation, renewal, surrender, return, revocation and suspension of licences and operator's licences and conditions attached to the same;
(iii) the procedure on applications, including standard information required to be furn
253 PART XII GENERAL-253. Power of Commission to make rules.
(1) The Commission may make rules for all or any of the following purposes:
(a) to provide for the safe carriage of passengers, their luggage and goods by land public transport;
(b) to provide for the safe use and maintenance of-
(i) terminals; and
(ii) railways including railway systems and railway premises;
(c) to regulate the opening and closure of railway stations and railway routes;
(d) to regulate prescribed related, peripheral or ancillary activities undertaken in connection with the provision of any railway services;
(e) to provide for all matters relating to consumer standards under this Act;
(f) to provide for the obligation of licensees and licensed operators in respect of the disruption of land public transport services;
(g) to provide for the prevention of trespass of
254 PART XII GENERAL-254. Penalties for subsidiary legislation.
The regulations made under section 252 and the rules made under section 253 or any other subsidiary legislation made under this Act may provide for any act or omission in contravention of the regulations, rules or other subsidiary legislation to be an offence and may provide for penalties of a fine not exceeding five hundred thousand ringgit or a term of imprisonment not exceeding five years or to both.
255 PART XII GENERAL-255. Power of Minister to amend Schedules.
The Minister may, on the recommendation of the Commission, from time to time, by order published in the Gazette , vary, delete, add to, substitute for, or otherwise amend the First Schedule and Second Schedule.
256 PART XII GENERAL-256. Power of Commission to issue guidelines or circulars.
The Commission may, generally in respect of this Act, or in respect of any particular provision of this Act, or generally in respect of the conduct of all or any of the licensees, licensed operators, terminal licensees or other persons regulated under this Act, issue such guidelines or circulars as the Commission may deem necessary for the purposes of the land public transport laws.
257 PART XII GENERAL-257. Public Authorities Protection Act 1948.
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission, any member of the Commission, any member of an investigation committee or any other committee, any member or officer of the Appeal Tribunal, any employee of the Commission and any appointed officer in respect of any act, neglect or default done or omitted by it or him in such capacity.
258 PART XII GENERAL-258. Protection against suit and legal proceedings.
The Commission, any member of the Commission, any member of an investigation committee or any other committee, any employee of the Commission and any appointed officer shall not be liable to be sued in any court for losses or damages for or on account of, or in respect of, any act or matter done or ordered to be done or omitted be done by it or him in good faith and in the intended exercise of any power or discharge of any duty conferred on it or him under this Act.
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