What is LAND PUBLIC TRANSPORT ACT 2010?

*LAND PUBLIC TRANSPORT ACT 2010 is Malaysia Act, cited as Act 715 2010, currently marked in force and first recorded in 2010.

Is LAND PUBLIC TRANSPORT ACT 2010 still in force?

Yes — LAND PUBLIC TRANSPORT ACT 2010 is currently in force.

When did LAND PUBLIC TRANSPORT ACT 2010 take effect?

LAND PUBLIC TRANSPORT ACT 2010 was first recorded in 2010.

How many sections does LAND PUBLIC TRANSPORT ACT 2010 have?

LAND PUBLIC TRANSPORT ACT 2010 contains 250 sections.

What amends LAND PUBLIC TRANSPORT ACT 2010?

LAND PUBLIC TRANSPORT ACT 2010 has been amended by LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2017, LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2018, and AKTA PENGANGKUTAN AWAM DARAT (PINDAAN) 2023.

Where can I read the official version of LAND PUBLIC TRANSPORT ACT 2010?

The official text of LAND PUBLIC TRANSPORT ACT 2010 is published at lom.agc.gov.my.

LAND PUBLIC TRANSPORT ACT 2010 (No. 715)

PRELIMINARY

Short title, commencement and application

Section 1

(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;

18 Laws of Malaysia ACT 715

(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.

Interpretation

Section 2

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;

“road” has the meaning assigned to it in the Road Transport Act 1987

[Act 333];

“rate” includes any fare, freight, charge or other payment for the transport of any passenger or his luggage, or goods;

“class” includes type or category;

“vehicle” has the meaning assigned to it in the Road Transport

Act 1987;

“goods vehicle” means—

(a)

any motor vehicle constructed or adapted for use for the carriage of goods or a trailer so constructed or adapted; or

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(b)

any motor vehicle or a trailer not so constructed or adapted when used for the carriage of goods solely or in addition to passengers, and includes a p-hailing vehicle;

“motor vehicle” has the meaning assigned to it in the Road Transport

Act 1987;

“p-hailing vehicle” means a motor vehicle used for the carriage of goods on any journey in consideration of a freight for each of the goods, in which the arrangement, booking or transaction, and the freight for such journey are facilitated through an electronic mobile application provided by an intermediation business;

“tourism vehicle” means a motor vehicle categorised under any of the classes described in the Second Schedule;

“public service vehicle” means a motor vehicle categorised under any of the classes described in the First Schedule;

“relevant vehicle” means—

(a)

each public service vehicle of a class of public service vehicles used to operate or provide a public service vehicle service as specified in the operator’s licence issued under

Chapter 1 of Part III;

(b)

each goods vehicle of a class of goods vehicles used to operate or provide a goods vehicle service as specified in the operator’s licence issued under Chapter 3 of Part III; and

(c)

each tourism vehicle identified in the licence issued under

Chapter 2 of Part III;

“railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes—

20 Laws of Malaysia ACT 715

(a)

all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway;

(b)

all rolling-stock used for the purposes of traffic;

(c)

in so far as the context allows, a railway under construction by or for any railway company; and

(d)

any guided system or guided system of a class prescribed to be a railway for purposes of this Act, but does not include—

(A)

the Penang Hill Railway;

(B)

any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises; and

(C)

such other railways as may be prescribed;

“Director General of Land Public Transport” means the Director

General in charge of land public transport;

“Director General of Road Transport” means the Director General for road transport appointed under section 3 of the Road Transport Act 1987, and includes a Deputy Director General, Director and Deputy

Director;

“conductor” means—

(a)

a person authorized under this Act to act as a conductor of a railway; or

(b)

a person licensed under the Road Transport Act 1987 to act as a conductor of a public service vehicle;

“Fund” means the Federal Consolidated Fund;

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“parking” means the bringing of a motor vehicle to a stationary position and causing it to wait for any purpose other than that of immediately taking up or setting down persons, goods or luggage;

“prescribe” means to prescribe by way of regulations;

“Minister” means the Minister charged with the responsibility for transport;

“person” includes an individual person, company, partnership, and any other corporate and unincorporate body of persons;

“railway official” means any person employed by or on behalf of any railway company that is a licensed operator, to perform any function in connection with a railway;

“land public transport officer” means any person appointed to be a land public transport officer under section 215A;

“road transport officer” means any person appointed to be a road transport officer under the Road Transport Act 1987;

“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the

Police Act 1967 [Act 344];

“tourist” has the meaning assigned to it in the Tourism Industry Act 1992 [Act 482];

“driver” means the person for the time being driving a relevant vehicle or railway, as the case may be, and in the case of a stationary relevant vehicle or railway, includes the person for the time being responsible for the driving of the relevant vehicle or railway;

“tourist guide” has the meaning assigned to it in the Tourism Industry

Act 1992;

“licensee” means the holder of a licence issued under Chapter 2 of

Laws of Malaysia ACT 715

“intermediation business licensee” means the holder of a licence issued under Chapter 2A of Part II;

“terminal licensee” means the holder of a licence issued under

Chapter 2 of Part II;

“owner”—

(a)

in relation to a motor vehicle registered or deemed to be registered under the Road Transport Act 1987, means the registered owner of such vehicle; and

(b)

in relation to any other motor vehicle, means the person in possession of or using or having the use of the motor vehicle;

“land public transport” means the transport on land by means of land public passenger transport and land public freight transport, and includes land public transport services, terminals, facilities, networks, systems, operations and other services associated with such transport or land public transport services;

“land public freight transport” means the carriage of goods on land by means of a goods vehicle or railway;

“land public passenger transport” means the carriage of passengers, including their luggage, on land by means of a public service vehicle, tourism vehicle or railway;

“licensed operator” means—

(a)

a holder of an operator’s licence issued under Chapter 1 of

(b)

a holder of an operator’s licence issued under Chapter 3 of

(c)

a holder of an operator’s licence issued under Part IV;

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“tourism enterprise” has the meaning assigned to in the Tourism

Industry Act 1992;

“Administrator” has the same meaning as assigned to “Land

Administrator” by section 5 of the *National Land Code 1965

[Act 56/1965];

“passenger”—

(a)

in relation to a person carried on a public service vehicle, does not include the driver or conductor or any other employee of the licensed operator duly authorized to examine the payment of fares in pursuance of his duties;

(b)

in relation to a tourist carried on a tourism vehicle, does not include the driver or tourist guide;

(c)

in relation to a person carried on a railway, does not include the driver or conductor or any other employee of the licensed operator duly authorized to examine the payment of fares in pursuance of his duties; or

(d)

in relation to a person carried on a goods vehicle, does not include the driver or any attendant required by law to be carried on the vehicle;

“fare stage”, in relation to a route authorized in an operator’s licence for a public service vehicle service, means any division of such route for the purpose of arranging a schedule of fares;

“goods vehicle service” means—

(a)

the carriage of goods for any third party by means of a goods vehicle for hire or reward; or

(b)

the carriage of goods for any third party or the carriage of own goods by means of a goods vehicle in connection with a trade or business;

*NOTE—The National Land Code 1965 was revised and renumbered as the National Land Code

(Revised-2020) Act 828 with effect from 15 October 2020.

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“tourism vehicle service” means the carriage of tourists by means of a tourism vehicle in consideration of a payment which has no fare stages;

“public service vehicle service” means the carriage of passengers by means of one or more public service vehicles of the same class or different classes, whether for hire or reward or for any other valuable consideration or money’s worth or otherwise;

“railway service” means the carriage of passengers or goods or both by means of a railway;

“land public transport service” means—

(a)

the carriage of passengers by means of land public passenger transport; and

(b)

the carriage of goods by means of land public freight transport;

“tourism vehicle business” means the business of operating or letting out for hire a tourism vehicle for the conveyance of tourists;

“intermediation business” means the business of facilitating arrangements, bookings or transactions for the provision of land public transport services as specified in the Third Schedule whether for any valuable consideration or money’s worth or otherwise;

“local authority” has the meaning assigned to it in the Local

Government Act 1976 [Act 171] and the Federal Territory of Putrajaya

(Modification of the Local Government Act 1976) Order 2002

[P.U. (A) 142/2002];

“appropriate authority” has the meaning assigned to it in section 67

of the Road Transport Act 1987;

“railway premises” means all premises under the control of or occupied or used by a railway company that is a licensed operator;

“railway reserve” means—

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(a)

all lands duly reserved, whether before or after the commencement of the Railways Act 1991 [Act 463], for the purposes of the Federated Malay States Railways or the

Johore State Railway or Keretapi Tanah Melayu under the provisions of section 62 of the *National Land Code 1965

or under the corresponding provisions of any previous land law as defined in the *National Land Code 1965; and

(b)

all lands deemed to be railway reserves under the provisions of section 16 or 17 of the repealed Railway Ordinance 1948

[M.U. Ord. 8/1948];

“railway scheme” means a scheme for the construction of any railway deposited with the Director General of Land Public Transport pursuant to Part IV;

“area congestion pricing scheme” means a scheme implemented in a designated area, which aims to reduce traffic congestion or related adverse environmental impact, or both, by imposing a prescribed area congestion pricing charge on the users of roads in such area;

“rolling-stock” includes tenders, motors, coaches, trains, wagons, trucks, trolleys, carriages of any kind and locomotive and other kinds of engine used on a railway;

“company”

has the meaning assigned to it in the

**Companies Act 1965 [Act 125];

“railway company” includes any person or persons, who are the owners or lessees of a railway or parties to an agreement for working a railway;

“fare” includes all sums received or receivable and all sums charged or chargeable for the conveyance of passengers;

*NOTE—The National Land Code 1965 was revised and renumbered as the National Land Code

(Revised-2020) Act 828 with effect from 15 October 2020.

**NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which come into force on 31 January 2017–see subsection 620(1) of Act 777.

26 Laws of Malaysia ACT 715

“freight” includes all sums received or receivable and all sums charged or chargeable for the transport of goods;

“appointed date” means the date on which this Act or parts of this

Act come into operation;

“terminal” means—

(a)

a single or multi-modal station and transport hub dedicated to land public transport or the part or portion thereof relating to land public transport;

(b)

a service counter or ticket counter relating to land public transport; or

(c)

a container depot for storage of containers used for import or export;

“land public transport laws” means this Act and the Road Transport

Act 1987, and includes any subsidiary legislation made under these laws.

LAND PUBLIC TRANSPORT POLICIES, PLANNING AND

STRATEGIES

Section 6

(2)

An application for a licence under this section shall be made to the Director General of Land Public Transport in the form and manner as determined by the Director General of Land Public Transport and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Director

General of Land Public Transport.

(3)

The applicant shall provide to the Director General of Land

Public Transport 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 Director General of Land Public

Transport may, on an application for a licence under this section—

(a)

grant the applicant in full or in part or with such modifications as the Director General of Land Public

Transport thinks fit, and, upon payment of the prescribed fee, issue a licence to the applicant; or

(b)

refuse the application.

(5)

Every licence issued under this section shall set out the duration of the licence and the Director General of Land Public Transport may attach to the licence conditions that include—

(a)

the extent, hours and general level of service at the terminal;

(b)

the maintenance and operation of the terminal and any equipment therein;

(c)

the safety and security of persons using or engaged in any work at the terminal;

(d)

the maximum prescribed fees payable to the terminal licensee by the licensees, licensed operators and the members of the public for the use of the terminal;

28 Laws of Malaysia ACT 715

(e)

the conditions and use of the terminal by employees, agents, tenants and contractors of the terminal licensee and members of the public; and

(f)

the standards of performance to be complied with by the terminal licensee in the maintenance and operation of the terminal.

(6)

The Director General of Land Public Transport may, at any time, add, cancel, or vary any of the conditions attached to a licence issued under this section.

(7)

The issuance of a licence by the Director General of Land

Public Transport under subsection (4) shall not impose any liability on the Director General of Land Public Transport for any loss or damage occasioned by any act, omission or default of the terminal licensee.

(8)

A person who operates a terminal in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.

(9)

A terminal licensee who fails to comply with any of the conditions attached to the licence under subsection (5) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of licence

Section 7

Land Public Transport 27

(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

Land Public Transport 29

such documents as may be specified by the Director General of Land

Public Transport.

(3)

If the applicant fails to comply with subsection (2) and offers no reason which the Director General of Land Public Transport thinks reasonable, the Director General of Land Public Transport 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 Director General of Land Public Transport.

Application for variation

Section 8

On an application by a terminal licensee for a variation of the licence or the conditions of the licence, the Director General of Land

(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.

Revocation or suspension of licence

Section 9

Public Transport shall have full power in his discretion—

(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

30 Laws of Malaysia ACT 715

(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 Director General of Land Public Transport—

(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 from the terminal licensee;

(B)

in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the terminal licensee an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or

(C)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b) or (c), shall not revoke or suspend the licence unless it is satisfied that, after giving the terminal licensee an opportunity of making any representation in writing he may wish to make, the licence should be revoked or suspended.

(2)

Where a licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the terminal licensee shall within fourteen days from the date of revocation of the licence return the licence to the Director General of Land Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

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Transfer of licence prohibited

Section 10

(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 Director General of

Land Public Transport 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 Director General of Land Public Transport is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Duty of terminal licensee to keep records, etc.

Section 11

(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.

Duty of terminal licensee to inform Director General of Land

Public Transport

Section 12

(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 under any written law; 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 ringgit or to imprisonment for a term not exceeding six months or to both.

Chapter 2A

Licensing of intermediation business

Section 12A

(2)

An application for a licence under this section shall be made to the Director General of Land Public Transport in the form and manner as determined by the Director General of Land Public Transport and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Director

General of Land Public Transport.

(3)

The applicant shall provide to the Director General of Land

Public Transport complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

Land Public Transport 33

(4)

Subject to this Act, the Director General of Land Public

Transport 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 Director General of Land Public

Transport thinks fit, and, upon payment of the prescribed fee, issue a licence to the applicant; or

(b)

refuse the application.

(5)

Every licence issued under this section shall set out the duration of the licence and the Director General of Land Public Transport may attach to the licence conditions that include—

(a)

the type and extent of intermediation business to be operated or provided by the intermediation business licensee;

(b)

the general level of service to be provided to persons using services provided by the intermediation business;

(c)

the measures to safeguard the safety and security of persons using services provided by the intermediation business; and

(d)

the standards of performance to be complied with by the intermediation business licensee in the operation of the intermediation business.

(6)

The Director General of Land Public Transport may, at any time, add, cancel or vary any of the conditions attached to a licence issued under this section.

(7)

The issuance of a licence by the Director General of Land Public

Transport under subsection (4) shall not impose any liability on the

Director General of Land Public Transport for any loss or damage occasioned by any act, omission or default of the intermediation business licensee.

(8)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred

34 Laws of Malaysia ACT 715

thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(9)

An intermediation business licensee who fails to comply with any of the conditions attached to the licence under subsection (5)

commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of licence

Section 12B

(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 Director General of Land

Public Transport.

(3)

If the applicant fails to comply with subsection (2) and offers no reason which the Director General of Land Public Transport thinks reasonable, the Director General of Land Public Transport may refuse to proceed with, hear or determine such application.

(4)

Where no application for renewal of a licence has been submitted, the intermediation business licensee shall, within fourteen days from the date of expiry of the licence, return the licence to the

Director General of Land Public Transport.

Application for variation

Section 12C

On an application by an intermediation business licensee for a variation of the licence or the conditions of the licence, the Director

Land Public Transport 35

(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.

Revocation or suspension of licence

Section 12D

General of Land Public Transport shall have full power in his discretion—

(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 intermediation business licensee; or

(c)

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business by the intermediation business licensee:

Provided that the Director General of Land Public Transport—

(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 from the intermediation business licensee;

36 Laws of Malaysia ACT 715

(B)

in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or

(C)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b) or (c), shall not revoke or suspend the licence unless it is satisfied that, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, the licence should be revoked or suspended.

(2)

Where a licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the intermediation business licensee shall within fourteen days from the date of revocation of the licence return the licence to the Director General of Land

Public Transport; or

(b)

has been suspended, any intermediation business licensee which continues to operate or provide an intermediation business during the period of suspension, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Transfer of licence prohibited

Section 12E

(2)

An intermediation business 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 12D(1)(c), the Director General of

Land Public Transport may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such intermediation business licensee or, where for any reason the Director General of Land Public Transport is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Duty of intermediation business licensee to keep records, etc.

Section 12F

Land Public Transport 37

(2)

An intermediation business 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 one year or to both.

Duty of intermediation business licensee to inform Director

General of Land Public Transport

Section 12G

(a)

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

38 Laws of Malaysia ACT 715

(b)

any reprimands or fines imposed on the intermediation business licensee under any written law; and

(c)

any change in the control of the intermediation business licensee.

(2)

For the purposes of this section, “control”, in relation to an intermediation business licensee, means having the power, directly or indirectly, to direct the management and policy of the intermediation business licensee.

(3)

An intermediation business 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 one year or to both.

Area congestion pricing schemes, route planning, etc.

Area congestion pricing schemes

Section 13

(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;

Land Public Transport 39

(c)

the duties and obligations of the person or persons authorized under paragraph (b);

(d)

the persons and classes of vehicles in respect of which area congestion pricing charge may be demanded, collected and retained;

(e)

the rate or rates of area congestion pricing charge that may be imposed;

(f)

the time and manner of payment of area congestion pricing charge, including the place or point of collection and the time when such moneys are to be paid;

(g)

the persons or classes of vehicles to be exempted from the payment of area congestion pricing charge for such period as may be prescribed in the order, subject to such conditions as are deemed fit to be imposed in connection therewith;

and

(h)

any other circumstances or conditions, not falling within this subsection that relate to the demand, collection and retention of area congestion pricing charge.

(3)

A person who fails to pay the area congestion pricing charge in the manner specified in the order under subsection (1) or regulations made under this Act 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.

(4)

Where an area congestion pricing charge is prescribed pursuant to this section 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—

(a)

the responsibility of demanding and collecting the proceeds of such area congestion pricing charge is assigned to such appropriate authority;

40 Laws of Malaysia ACT 715

(b)

such appropriate authority shall pay or cause to be paid the remaining portion of the proceeds of area congestion pricing charge into the Fund in accordance with subsection (5) after accounting for such amounts as described in paragraphs (c) and (d);

(c)

such appropriate authority shall be entitled to such proportion of the proceeds of area congestion pricing charge as may be prescribed and assigned to it by the

Minister from time to time; and

(d)

such appropriate authority shall be reimbursed at actual documented cost for necessary incidental expenses incurred, with the prior written consent of the Minister, in connection with the performance of its responsibility under paragraph (a).

(5)

The remaining portion of the proceeds of area congestion pricing charge demanded and collected pursuant to an order under this section shall, after accounting for all amounts due under paragraphs (4)(c) and (d) to the appropriate authority, be paid into and form part of the Fund, in the prescribed manner.

(6)

For the purposes of this section—

“collection” shall include recovery at law or otherwise of any area congestion pricing charge or portion thereof;

“point of collection” means the point designated in an order under this section as the point at which area congestion pricing charge shall be payable to and collected by the person authorized in the order to demand and collect the area congestion pricing charge.

(7)

(Deleted by Act A1574).

Land Public Transport 41

Prohibition or restriction of use of roads to facilitate the movement of goods vehicles

Section 14

(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.

Section 15

(Deleted by Act A1574).

PUBLIC SERVICE VEHICLES, TOURISM VEHICLES AND GOODS

VEHICLES

Licensing of operators of public service vehicle services

Requirement for operator’s licence

Section 16

(2)

For the purposes of this Chapter, a person is deemed to be operating or providing a public service vehicle service if he—

42 Laws of Malaysia ACT 715

(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.

(3)

A person intending to operate or provide a public service vehicle service using more than one class of public service vehicles shall apply for a separate operator’s licence under this section to operate or provide a public service vehicle service in respect of each such class of public service vehicle.

(4)

Subsection (1) does not apply to the use of any public service vehicle or class of public service vehicles as may be prescribed.

(5)

Subject to subsection (4), a person, other than a company or corporation, 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.

(6)

Subject to subsection (4), a company or corporation which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Application for operator’s licence

Section 17

(2)

The applicant shall give to the Director General of Land Public

Transport 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 surcharges, if any, to be imposed on passengers travelling on the public service vehicle; and

(f)

any other information as may be determined by the

Director General of Land Public Transport.

(3)

The Director General of Land Public Transport 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 form is not duly completed by reason of any omission or misdescription;

(b)

the application form contains any error or alteration;

(c)

the applicant fails to provide the documents or information required under subsection (2) within the time frame stipulated in the requirement or any extension of time

44 Laws of Malaysia ACT 715

granted by the Director General of Land Public Transport;

or

(d)

the application does not comply with any other prescribed requirements.

Issuance of operator’s licence

Section 18

(a)

grant the application in full or in part or with such modifications as the Director General of Land Public

Transport 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 Director General of

Land Public Transport under subsection (1) shall not impose any liability on the Director General of Land Public Transport for any loss or damage occasioned by any act, omission or default of the licensed operator.

Duration of operator’s licence

Section 19

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 Director General of Land Public Transport, provided that such period shall not exceed seven years.

Section 20

Short term operator’s licence

(2)

A short term operators’s licence shall cease to have effect from the date on which the Director General of Land Public Transport gives his decision on the application, and in no case shall have effect for more than twelve months.

Temporary change of use of public service vehicle or tourism vehicle

Section 21

Notwithstanding anything contained in this Act, the Director

General of Land Public Transport 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 or tourism vehicle of any other class.

Section 22

Conditions which may be attached to operator’s licence

(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 Director General of Land Public Transport, having regard in particular, to such limitations as may be determined by the Minister pursuant to section 33,

46 Laws of Malaysia ACT 715

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

Director General of Land Public Transport in respect of the public service vehicle service operated or provided by him and facilities, if any, provided by him, including—

(i)

the extent, hours, frequency and routes or areas to be serviced;

(ii)

the performance level of services to be provided to passengers;

(iii)

the conduct of drivers and conductors of the public service vehicle;

(iv)

the measures to safeguard the safety of passengers and other road users including—

(A)

the requirement that passengers shall not be taken up or set down except at the points specified in the operator’s licence or shall not be taken up or set down between the specified points; and

(B)

the requirement that passengers in excess of a specified number shall not be carried at any one time in each public service vehicle;

(v)

the type of documents to be carried and information to be displayed on each public service vehicle, such as copies of the operator’s licence, timetable and fare table, and which shall be liable for inspection;

(vi)

that the licensed operator shall keep and produce on demand for inspection and verification specified accounts, documents and records, other than the documents mentioned in subparagraph (1)(b)(v); and

Land Public Transport 47

(vii)

the requirement that each public service vehicle is kept in a designated place while not in use.

(2)

The Director General of Land Public Transport may, at any time in his discretion, add, cancel or vary any of the conditions attached to an operator’s licence under this section.

(3)

A licensed operator who fails to comply with any of the conditions attached to the operator’s licence commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Statutory conditions of operator’s licence

Section 23

(a)

that the public service vehicle is maintained in a fit and serviceable condition as determined by the Director General of Road Transport;

(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

48 Laws of Malaysia ACT 715

(iii)

construction, use and equipment of motor vehicles in general and, of public service vehicles in particular, as the case may be; and

(c)

that the duties of a licensed operator under Chapter 4 of this

Part are fully complied with.

(2)

A licensed operator who fails to comply with any of the conditions attached to the operator’s licence under this section commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of operator’s licence

Section 24

(2)

Subject to subsections (3) and (4), the Director General of Land

Public Transport may, on an application by the licensed operator, renew the operator’s licence on such conditions as the Director General of Land Public Transport thinks fit or refuse the application.

(3)

An application for the renewal of an operator’s licence under subsection (1) shall be made at least ninety days before the date of expiry of the existing operator’s licence and shall be accompanied by the prescribed renewal fee.

Land Public Transport 49

(4)

If the applicant fails to comply with subsection (3) and offers no reason which the Director General of Land Public Transport thinks reasonable, the Director General of Land Public Transport may refuse to proceed with, hear or determine such application.

(5)

Where no application for renewal of an operator’s licence has been submitted, the licensed operator shall within fourteen days from the date of expiry of the operator’s licence return the operator’s licence to the Director General of Land Public Transport.

Documents required for renewal of operator’s licence

Section 25

(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

Director General of Land Public Transport.

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(2)

Notwithstanding subsection (1), the Director General of Land

Public Transport may require any additional documents to be submitted by the applicant for the renewal of the operator’s licence.

Application for variation

Section 26

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 Director General of Land Public Transport shall have full power in his 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.

Revocation or suspension of operator’s licence

Section 27

(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

Land Public Transport 51

(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 Chapter has been or is intended to be used for an unlawful purpose or that the original purpose for which the operator’s licence was issued no longer exists:

Provided that the Director General of Land Public Transport—

(A)

in the case of a breach of any of the conditions of the operator’s licence under paragraph (a), shall not revoke or suspend the operator’s licence unless it is satisfied, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the operator’s licence should be revoked or suspended; or

(B)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b), (c) or (d), shall not revoke or suspend the operator’s licence unless it is satisfied that, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, the operator’s licence should be revoked or suspended.

(2)

For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 23(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.

(3)

Where an operator’s licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the licensed operator shall within fourteen days from the date of revocation of the operator’s licence return the operator’s licence to the Director General of Land

Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

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Prohibition in relation to suspended operator’s licence

Section 28

(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.

Power of Director General of Land Public Transport to replace operator’s licence

Section 29

(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 vehicles.

(2)

Before replacing an operator’s licence under subsection (1), the

Director General of Land Public Transport shall issue a written notice not less than one year before the proposed date of replacement to the

Land Public Transport 53

licensed operator stating the intention of the Director General of Land

Public Transport to replace the operator’s licence.

(3)

An operator’s licence replacing any operator’s licence under subsection (1) shall be effective from the date of replacement.

(4)

Upon the coming into effect of the replacement operator’s licence, the operator’s licence which is replaced under subsection (1)

shall be void and shall be surrendered to the Director General of Land

Public Transport within fourteen days from the replacement operator’s licence coming into effect.

Other transport interest to be disclosed by applicant

Section 30

(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), 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.

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Transfer of operator’s licence prohibited

Section 31

Transport—

(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 Director General of

Land Public Transport 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 Director General of Land Public Transport is satisfied that it would be unjust not to do so, authorize the transfer of such operator’s licence.

Reservation of operator’s licences

Section 32

(2)

An operator’s licence issued to a Malay or native by the Director

General of Land Public Transport 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.”.

Land Public Transport 55

(3)

The endorsement in subsection (2) shall be conclusive evidence that such operator’s licence was issued in pursuance of such directions.

(4)

The Director General of Land Public Transport may, in respect of any operator’s licence issued in pursuance of directions given under subsection (1), attach to such operator’s licence such conditions as it thinks fit in addition to the conditions referred to in section 22.

(5)

For the purposes of this section, “Malays” or “natives” shall include a company, an association or a body of persons, whether corporate or unincorporate, a majority part of whose capital is owned by and the management and employees are made up of Malays or natives.

(6)

This section shall not apply to licensed operators of public service vehicle services involving the use of any employees buses.

Limitation on number of specified classes of public service vehicles

Section 33

The Minister shall, from time to time as appears to him necessary or desirable and after consultation with 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.

Section 34

Classification and numbering of routes

The Director General of Land Public Transport may classify and number, in such manner as may be convenient, the routes in respect of which operator’s licences to operate any classes of public service vehicle are issued under this Chapter, and may publish a list of the routes so classified and numbered.

Section 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

56 Laws of Malaysia ACT 715

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.

Licensing of tourism vehicles

Requirement for licence

Section 36

(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 during which the offence continues to be committed.

Application for licence

Section 37

(2)

Every application under subsection (1) shall be accompanied by such documents or information as may be determined by the Director

General of Land Public Transport and the Director General of Land

Public Transport 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 Director General of Land Public Transport for the purposes of determining the suitability of the applicant for the licence.

(3)

The Director General of Land Public Transport 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 form is not duly completed by reason of any omission or misdescription;

(b)

the application form contains any error or alteration;

(c)

the applicant fails to provide additional documents or information required under subsection (2) within the time frame stipulated in the requirement or any extension of time granted by the Director General of Land Public Transport;

or

(d)

the application does not comply with any other prescribed requirements.

Issuance of licence

Section 38

Land Public Transport 57

(a)

grant the application in full or in part or with such modifications as the Director General of Land Public

Transport thinks fit, and upon payment of the prescribed fee, issue a licence to the applicant; or

58 Laws of Malaysia ACT 715

(b)

refuse the application.

(2)

The issuance of a licence by the Director General of Land

Public Transport under subsection (1) shall not impose any liability on the Director General of Land Public Transport for any loss or damage occasioned by any act, omission or default of the licensee.

Duration of licence

Section 39

Transport may, upon an application for a licence under this Chapter—

A licence issued under this Chapter shall, unless replaced or revoked, continue in force for such period as may be determined by the

Director General of Land Public Transport, provided that such period shall not exceed three years.

Section 40

Short term licence

(2)

A short term licence shall cease to have effect from the date on which the Director General of Land Public Transport gives his decision on the application, and in no case shall have effect for more than six months.

Conditions which may be attached to licence

Section 41

(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 Director General of Land Public Transport 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 Director General of Land Public Transport to be carried or displayed on each tourism vehicle, and which may be liable for inspection; and

(iv)

the requirement that the licensee shall keep and produce on demand for inspection and verification specified accounts, documents and records, other than the documents mentioned in subparagraph (1)(b)(iii).

(2)

The Director General of Land Public Transport may, at any time in his discretion, add, cancel or vary any of the conditions attached to a licence under this section.

(3)

A licensee who fails to comply with any of the conditions attached to the licence under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Statutory conditions of licence

Section 42

Land Public Transport 59

(a)

that the tourism vehicle is maintained in a fit and serviceable condition as determined by the Director General of Road Transport;

(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, as the case may be; and

(c)

that the duties of a licensee under Chapter 4 of this Part are fully complied with.

(2)

A licensee who fails to comply with any of the conditions attached to the licence under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Land Public Transport 61

Renewal of licence

Section 43

(2)

Subject to subsections (3) and (4), the Director General of Land

Public Transport may, on application of the licensee, renew the licence on such conditions as the Director General of Land Public Transport 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 prescribed renewal fee and such documents as may be specified by the Director General of Land Public Transport.

(4)

If the applicant fails to comply with subsection (3) and offers no reason which the Director General of Land Public Transport thinks reasonable, the Director General of Land Public Transport may refuse to proceed with, hear or determine such application.

(5)

Where no application for renewal of a licence has been submitted, the licensee shall within fourteen days from the date of expiry of the licence return the licence to the Director General of Land

Public Transport.

Application for variation

Section 44

Subject to this Act, on an application by the licensee for a variation of the licence or the conditions of the licence, the Director

62 Laws of Malaysia ACT 715

(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.

Revocation or suspension of licence

Section 45

General of Land Public Transport shall have full power in his discretion—

(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 Director General of Land Public Transport—

(A)

in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the licensee an opportunity of making any representation in writing it may wish to make, that owing to the frequency of the breach, or to the

Land Public Transport 63

breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or

(B)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b), (c) or (d), shall not revoke or suspend the licence unless it is satisfied that, after giving the licensee an opportunity of making any representation in writing it may wish to make, the licence should be revoked or suspended.

(2)

For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 42(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.

(3)

Notwithstanding subsection (1), in the event that the licensee ceases to be licensed as a tourism enterprise under the Tourism

Industry Act 1992, the licence issued under this Chapter shall be deemed to be revoked with effect from the date the licensee ceases to be licensed as a tourism enterprise.

(4)

It shall be the duty of each licensee to inform the Director

General of Land Public Transport, not later than two days after the occurrence of the event specified in subsection (3), of the occurrence of that event and the effective date of that event, and return the licence issued under this Chapter to the Director General of Land Public

Transport in accordance with subsection (5).

(5)

Where a licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the licensee shall within fourteen days from the date of revocation of the licence return the licence to the

Director General of Land Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

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(6)

A licensee who contravenes subsection (4) 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.

Prohibition in relation to suspended licence

Section 46

(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.

Prohibition of use of unlicensed tourism vehicle

Section 47

(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.

Other transport interests to be disclosed by applicant

Section 48

(a)

any other licence or operator’s licence that has been issued to it under this Act;

Land Public Transport 65

(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), 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.

Transfer of licence prohibited

Section 49

(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 Director General of

Land Public Transport 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 Director General of Land Public Transport is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Protection of public interest

Section 50

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

66 Laws of Malaysia ACT 715

deemed to be issued thereunder or from any of the conditions attached to any such licence.

Licensing of operators of goods vehicle services

Requirement for operator’s licence

Section 51

(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 vehicle to manage, maintain or operate such goods vehicle.

(3)

An operator’s licence issued under this Chapter shall only entitle the holder of the operator’s licence to operate or use one class of goods vehicle.

Land Public Transport 67

(4)

A person may hold one or more operator’s licences issued under this Chapter.

(5)

Subsection (1) does not apply to the use of any goods vehicle or class of goods vehicles as may be prescribed.

(6)

Subject to subsection (5), a person, other than a company or corporation, who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than two thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(7)

Subject to subsection (5), a company or corporation which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.

Application for operator’s licence

Section 52

(2)

The applicant shall give to the Director General of Land Public

Transport 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;

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(e)

the proposed rates or rates structure and surcharges, if any, to be imposed for the carriage of goods by the goods vehicle; and

(f)

any other information as may be determined by the Director

General of Land Public Transport.

(3)

The Director General of Land Public Transport 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 form is not duly completed by reason of any omission or misdescription;

(b)

the application form contains any error or alteration;

(c)

the applicant fails to provide the documents or information required under subsection (2) within the time frame stipulated in the requirement or any extension of time granted by the Director General of Land Public Transport;

or

(d)

the application does not comply with any other prescribed requirements.

Issuance of operator’s licence

Section 53

(a)

grant the application in full or in part or with such modifications as the Director General of Land Public

Transport thinks fit, and upon payment of the prescribed fee, issue an operator’s licence to the applicant; or

(b)

refuse the application.

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(2)

The issuance of an operator’s licence by the Director General of

Land Public Transport under subsection (1) shall not impose any liability on the Director General of Land Public Transport for any loss or damage occasioned by any act, omission or default of the licensed operator.

Duration of operator’s licence

Section 54

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 Director General of Land Public Transport, provided that such period shall not exceed seven years.

Section 55

Short term operator’s licence

(2)

A short term operator’s licence shall cease to have effect from the date on which the Director General of Land Public Transport gives his decision on the application, and in no case shall have effect for more than twelve months.

Temporary change of use of goods vehicle

Section 56

Notwithstanding anything contained in this Act, the Director

General of Land Public Transport 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.

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Section 57

Conditions which may be attached to operator’s licence

(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

Director General of Land Public Transport, 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 shall or shall not be carried;

(iv)

that goods shall or shall not be carried for specified persons;

(v)

that the labour charges for the loading and unloading of the goods vehicle and the charges for the demurrage of the goods vehicle shall be as determined by the Director General of Land Public

Transport;

(vi)

that the laden weight of any goods vehicle shall not exceed a specified maximum;

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(vii)

that dangerous goods or goods which give off an offensive smell shall be carried in a specified manner and that specified precautions shall be taken in relation to the carriage of such goods;

(viii)

the conduct of drivers and attendants of the goods vehicle;

(ix)

whether there is, and if so, the maximum number of passengers that may be carried on each goods vehicle;

(x)

the measures to safeguard the safety of passengers on the goods vehicles and other road users including, the manner and timing of loading and unloading of goods on roads;

(xi)

the type of documents to be carried and information to be displayed on each goods vehicle, such as copies of the operator’s licence, timetable and fare table, and which shall be liable for inspection;

(xii)

that the licensed operator shall keep and produce on demand for inspection and verification specified accounts, documents and records, other than the documents mentioned in subparagraph (1)(b)(xi); and

(xiii)

the requirement that each goods vehicle is kept in a designated place while not in use.

(2)

The Director General of Land Public Transport may, at any time in his discretion, add, cancel or vary any of the conditions attached to an operator’s licence under this section.

(3)

A licensed operator who fails to comply with any of the conditions attached to the operator’s licence under this section commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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(4)

No person shall use a goods vehicle or cause or permit a goods vehicle to be used for the carriage of passengers, unless there is in force an operator’s licence issued under this Chapter authorizing such use and it shall be in accordance with any conditions attached thereto.

(5)

A person who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Statutory conditions of operator’s licence

Section 58

(a)

that the goods vehicle is maintained in a fit and serviceable condition as determined by the Director General of Road

Transport;

(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 vehicles in particular, as the case may be; and

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(c)

that the duties of a licensed operator under Chapter 4 of this

Part are fully complied with.

(2)

A licensed operator who fails to comply with any of the conditions attached to the operator’s licence under this section commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of operator’s licence

Section 59

(2)

Subject to subsections (3) and (4), the Director General of Land

Public Transport may, on an application by the licensed operator, renew the operator’s licence on such conditions as the Director General of Land Public Transport thinks fit or refuse the application.

(3)

An application for renewal of an operator’s licence under subsection (1) shall be made at least ninety days before the date of expiry of the existing operator’s licence and shall be accompanied by the prescribed renewal fee.

(4)

If the applicant fails to comply with subsection (3) and offers no reason which the Director General of Land Public Transport thinks reasonable, the Director General of Land Public Transport may refuse to proceed with, hear or determine such application.

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(5)

Where no application for renewal of an operator’s licence has been submitted, the licensed operator shall within fourteen days from the date of expiry of the operator’s licence return the operator’s licence to the Director General of Land Public Transport.

Documents required for renewal of operator’s licence

Section 60

(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

Director General of Land Public Transport.

(2)

Notwithstanding subsection (1), the Director General of Land

Public Transport may require any additional documents to be submitted by the applicant for the renewal of the operator’s licence.

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Application for variation

Section 61

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 Director General of Land Public Transport shall have full power in his 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.

Revocation or suspension of operator’s licence

Section 62

(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 original purpose for which the operator’s licence was issued no longer exists:

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Provided that the Director General of Land Public Transport—

(A)

in the case of a breach of any of the conditions of the operator’s licence under paragraph (a), shall not revoke or suspend the operator’s licence unless it is satisfied, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the operator’s licence should be revoked or suspended; or

(B)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b), (c) or (d), shall not revoke or suspend the operator’s licence unless it is satisfied that, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, the operator’s licence should be revoked or suspended.

(2)

For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 58(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.

(3)

Where an operator’s licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the licensed operator shall within fourteen days from the date of revocation of the operator’s licence return the operator’s licence to the Director General of Land

Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

Prohibition in relation to suspended operator’s licence

Section 63

(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.

Power of Director General of Land Public Transport to replace operator’s licence

Section 64

(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 under subsection (1), the

Director General of Land Public Transport shall issue a written notice not less than one year before the proposed date of replacement to the licensed operator stating the intention of the Director General of Land

Public Transport to replace the operator’s licence.

(3)

An operator’s licence replacing any operator’s licence under subsection (1) shall be effective from the date of replacement.

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(4)

Upon the coming into effect of the replacement operator’s licence, the operator’s licence which is replaced under subsection (1)

shall be void and shall be surrendered to the Director General of Land

Public Transport within fourteen days from the replacement operator’s licence taking effect.

Other transport interests to be disclosed by applicant

Section 65

(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), 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.

Transfer of operator’s licence prohibited

Section 66

Transport—

(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 Director General of

Land Public Transport 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 Director General of

Land Public Transport is satisfied that it would be unjust not to do so, authorize the transfer of the operator’s licence.

Reservation of operator’s licences

Section 67

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(2)

An operator’s licence issued to a Malay or native by the Director

General of Land Public Transport 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 conclusive evidence that such operator’s licence was issued in pursuance of such directions.

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(4)

The Director General of Land Public Transport may, in respect of any operator’s licence issued in pursuance of directions given under subsection (1), attach to such operator’s licence such conditions as it thinks fit in addition to the conditions referred to in section 57.

(5)

For the purposes of this section, “Malays” or “natives” shall include a company, an association or a body of persons, whether corporate or unincorporate, a majority part of whose capital is owned by and the management and employees are made up of Malays or natives.

Protection of public interest

Section 68

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.

Duties of licensee and licensed operator

Standards of performance for licensed operator

Section 69

(2)

The Minister may make regulations 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), regulations made under that subsection may—

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(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.

Application by licensed operator for approval to participate in business or agreement

Section 70

(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 Director General of Land Public Transport before participating in the business or agreement.

(2)

The Director General of Land Public Transport may, upon receipt of the application under subsection (1), approve or reject the application and, if the Director General of Land Public Transport 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 section 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.

(4)

For the purpose of this section—

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“goods vehicle service” means a goods vehicle service provided by any person carrying on as his principal business, a business of carriage of goods for any third party for hire or reward by means of a goods vehicle;

“public service vehicle service” does not include a public service vehicle service involving the use of any employees buses.

Duty of licensee and licensed operator to keep records, etc.

Section 71

(a)

accounts and records as required by the regulations made under paragraph 252(1)(tak) 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 the regulations made under paragraph 252(1)(tak).

(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 six months or to both.

Duty of licensee and licensed operator to inform Director General of Land Public Transport

Section 72

(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 under any written law.

(2)

It shall further be the duty of every licensee and licensed operator under this Part to supply when so requested by the Director

General of Land Public Transport, within a period of time as shall be determined by the Director General of Land Public Transport, particulars—

(a)

of any agreement or arrangement affecting in any material respect the provision of facilities for the conveyance of tourists, carriage of goods or transport of passengers, as the case may be, made by the licensee or licensed operator with any other person by whom such facilities are provided, whether within or outside Peninsular Malaysia;

(b)

of any financial interest whatsoever which any other person has in the business of the licensee or licensed operator, and in the case of the licensee or licensed operator being a company, of any right which that other person has to nominate any director of the company; and

(c)

of any interest or right which the licensee or licensed operator has in the business of any other person who provides facilities for the conveyance of tourists, carriage of goods or transport of passengers, as the case may be, within Peninsular Malaysia.

(3)

It shall be the duty of every licensee and licensed operator, at all times, to inform the Director General of Land Public Transport immediately of the following matters:

(a)

any change in the control of the licensee or licensed operator; and

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(b)

any industrial dispute between the licensee or licensed operator and its or his employees.

(4)

For the purposes of subsection (3)—

“control”, in relation to a licensee or licensed operator, means having the power, directly or indirectly, to direct the management and policy of the licensee or licensed operator;

“goods vehicle service” means a goods vehicle service provided by any person carrying on as his principal business, a business of carriage of goods for any third party for hire or reward by means of a goods vehicle;

“public service vehicle service” does not include a public service vehicle service involving the use of any employees buses.

(5)

A licensee who fails to comply with subsection (1), (2) or (3) or all of these subsections 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.

(6)

A licensed operator who fails to comply with subsection (1), (2)

or (3) or all of these subsections 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.

Alteration of relevant vehicle

Section 73

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(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.

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(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.

Submission of reports, accounts, etc.

Section 74

(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 Director General of

Land Public Transport of any of his powers under this Act, as the Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).

(2)

Without prejudice to subsection (1), a licensee and licensed operator shall, subject to any exemption as may be set out in the regulations made under paragraph 252(1)(tm), furnish to the Director

General of Land Public Transport—

(a)

a report of its or his operations during that financial year containing such information as is necessary to enable the

Director General of Land Public Transport to assess the level of the licensee’s or licensed operator’s compliance with performance and regulatory standards as well as satisfactory evidence of compliance with the conditions of the licence or operator’s licence;

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(b)

its or his audited annual balance sheet, profit and loss account, together with any notice thereon, and the reports of its or his auditor and, where applicable, its directors;

(c)

a return of all accidents involving the relevant vehicle, whether attended with death or personal injury or not, occurring during the period as specified by the Director

General of Land Public Transport; and

(d)

a return tabulating such information as may be required by the Director General of Land Public Transport in respect of offences committed by the licensee or licensed operator and its or his respective employees, involving the relevant vehicle during the period specified by the Director General of Land Public Transport including—

(i)

all convictions in respect of each such offence; and

(ii)

all offences compounded by such persons and the composition sums paid in respect of such offences.

(3)

Without prejudice to subsection (1), the Director General of

Land Public Transport may require a licensee and licensed operator to submit to it in respect of any period specified by the Director General of Land Public Transport—

(a)

any statistical information relating to the operations of the licensee or licensed operator;

(b)

its or his passenger forecast during such period and in such form as may be determined by the Director General of Land

Public Transport; and

(c)

future development plans relating to any service or facility which the licensee or licensed operator is bound to provide under the conditions of the licence or operator’s licence.

(4)

The information required under this section shall be furnished in such form and manner, at such interval and shall be accompanied or supplemented by such explanations and supporting documents as the

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Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).

(5)

The information which a licensee or licensed operator is required to furnish to the Director General of Land Public Transport under this section may include information which, although the information is not in the possession of the licensee or licensed operator, or would not otherwise come into the possession of the licensee or licensed operator, is information that the licensee or licensed operator can reasonably be required to obtain or compile.

(6)

The Director General of Land Public Transport may require a licensee or licensed operator to appoint, at the licensee’s or licensed operator’s cost, an independent expert with qualifications as may be specified by the Director General of Land Public Transport to conduct an audit of or review any of the information which the licensee or licensed operator is required to furnish to the Director General of Land

Public Transport under this section, but such appointment and report of such an independent expert shall not relieve or derogate in any way the licensee’s or licensed operator’s liability under this section.

(7)

The Director General of Land Public Transport or land public transport officers may at any time, as he deems necessary, conduct an audit on the business and activities of the licensee or licensed operator, and the licensee or licensed operator shall take all necessary steps, at its own cost, to assist and facilitate the Director General of Land Public

Transport or land public transport officers in conducting the audit, including to grant them access to its or his premises and documentation and information.

(8)

A licensee or licensed operator who—

(a)

fails to furnish any information as may be required by the

Director General of Land Public Transport under this section; or

(b)

refuses to assist or facilitate, or obstructs, the Director

General of Land Public Transport or land public transport officers in conducting an audit under this section,

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commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Fares and freight

Fares

Section 75

(2)

The Minister may, on the recommendation of the Director

General of Land Public Transport, 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

Director General of Land Public Transport 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 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 three years or to both.

(5)

Every person travelling on a public service vehicle shall, when required to do so, show proof of payment of the fare to a licensed operator of a public service vehicle service or to an authorized officer of the licensed operator of a public service vehicle service to examine the payment of fares.

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(6)

For the purposes of this section, “proof of payment of the fare” shall include tickets and electronic cards issued for the purpose of payment of fares or any other satisfactory evidence of payment of fares as may be set out in the regulations made under paragraph 252(1)(ty).

(7)

A person who refuses, when lawfully demanded, to pay the appropriate fare for the distance which he has travelled, 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.

(8)

If any dispute arises as to the fare calculated according to distance, the dispute may be referred—

(a)

in the first instance, to the authorized officer of the licensed operator of a public service vehicle service to determine the dispute;

(b)

upon appeal from the decision of the authorized officer of the licensed operator of a public service vehicle service under paragraph (a), to the land public transport officer to determine the dispute, whose decision shall be final, and any certificate issued by the authorized officer of the licensed operator of a public service vehicle service or the land public transport officer, shall be admissible in evidence.

(9)

This section shall not apply to a hire and drive car for tourists or any public service vehicle used for the carriage of passengers without hire or reward.

Freight

Section 76

(2)

The Minister may, on the recommendation of the Director

General of Land Public Transport, 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 Director General of Land Public Transport 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 contravention of subsection (1)

commits an offence and 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.

Miscellaneous: specific enforcement provisions

Stopping, detaining and inspecting relevant vehicles

Section 77

(2)

No relevant vehicle shall be detained under this section for a period exceeding forty-eight hours.

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(3)

If on inspection of such relevant vehicle, it is found that the licensee or licensed operator has contravened the provisions of this Act or any conditions of a licence or operator’s licence issued under this

Act, the Director General of Land Public Transport may order such vehicle to be discontinued from use or to be used on such conditions as the Director General of Land Public Transport considers necessary to be in compliance with this Act or any conditions of the licence or operator’s licence issued under this Act.

(4)

A person who in contravention of subsection (1) fails to stop his relevant vehicle 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 six months or to both.

(5)

A person who continues to use such relevant vehicle in contravention of subsection (3) 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 years or to both.

Power to set up roadblocks

Section 78

(2)

A person who fails to comply with any reasonable signal of a police officer in uniform, road transport officer in uniform or land

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public transport officer in uniform requiring such person or vehicle to stop before reaching any such barrier or attempts to cross or knock any such barrier, 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.

(3)

No officer shall be liable for any loss, injury or damage caused to any person or property consequent upon him taking the steps as mentioned in subsection (1).

Power to seize documents, etc.

Section 79

(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, terminal licensee, intermediation business licensee or licensed operator, respectively, upon the expiry of the period of suspension.

(3)

For the purposes of this section—

“document” includes a badge;

“seize” includes the power to detach from the relevant vehicle.

Power to seize relevant vehicle for certain offences

Section 80

(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 a land public transport 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 regard thereto has been held.

(4)

An order for the forfeiture of a relevant vehicle under subsection (3) shall be made if it is proved to the satisfaction of the court that an offence against any of the provisions referred to under subsection (1) has been committed and that the vehicle was the subject matter of the offence, notwithstanding that no person may have been convicted of such an offence.

(5)

If there is no prosecution with regard to any relevant vehicle seized under subsection (1), such vehicle shall be released at the expiration of one calendar month from the date of seizure unless it has sooner been released.

Power to seize relevant vehicle to stop continuance of offences, etc.

Section 81

(2)

An unauthorized person removing or causing to be removed such relevant vehicle from the place of safety commits an offence and shall be liable in the case of a first conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months 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.

(3)

Any relevant vehicle which has been removed in accordance with subsection (1), may be detained in some suitable place and there to remain at the risk of the owner until any fees as may be prescribed for such removal and detention are paid.

*NOTE—The interpretation of “Director General” was substituted with the interpretation of

“Director General of Land Public Transport” by way of amendment under section 3 of the Land

Public Transport (Amendment) Act 2018 [Act A1574]. However, Act A1574 did not provide the drafting instruction to insert the words “of Land Public Transport” after the words “Director

General” in subsection 81(1) of this Act, as provided by the drafting instruction which amended sections 23, 42, 58 and 73 of this Act.

Land Public Transport 95

(4)

When any relevant vehicle is detained under this section, the officer detaining the same shall with all reasonable despatch, give notice in writing of such detention to the owner of the relevant vehicle if the name and address of such owner is known to him, and if such relevant vehicle is not claimed by its owner within three months from the date of its detention, that officer may, after giving one month’s notice in the Gazette of his intention so to do, sell by public auction or otherwise dispose of such relevant vehicle and its load (if any), provided that no such notice need be given in the case of any load of a perishable nature.

(5)

The proceeds, if any, from the sale or disposal of the relevant vehicle and its load under subsection (4) shall be applied in payment of any fees which may be due in respect of the licence or operator’s licence for such relevant vehicle and of any charges incurred in carrying out this section, and the surplus, if any, shall be paid to the owner of the relevant vehicle or if not claimed by such person within twelve months after the date of such sale or disposal, shall be forfeited to the Federal Government.

Determination of relevant vehicle’s weight

Section 82

(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 of Road Transport or the land public transport officer authorized in writing in that behalf by the

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Director General of Land Public Transport shall, after the completion of the weighing of such vehicle, issue a duplicate or copy of a certificate in respect of the weighing to the person.

(3)

A person in charge of any relevant vehicle who refuses or fails to comply with the requirement under subsection (1), or removes its load or any part of it before the relevant vehicle is duly weighed, commits an offence and shall be liable in the case of a first conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months and, in the case of a second or subsequent conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4)

It shall not 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 of Road Transport or any land public transport officer authorized in writing in that behalf by the Director General of Land

Public Transport to require the person in charge of the relevant vehicle to unload the relevant vehicle for the purpose of having it weighed unladen.

Section 83

(2)

Any person intending to construct a railway shall submit a written application to and deposit with the Director General of Land

Land Public Transport 97

Public Transport 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 proposed structure for rates as may be applicable and other proposed conditions of carriage;

(f)

the proposed integration with other existing or proposed railways;

(g)

the scheduled completion and proposed date of opening of the railway;

(h)

the proposed licensed operator of the railway to be constructed, if different from the person intending to construct the railway;

(i)

the description of proposed related, peripheral or ancillary activities to be undertaken in connection with the provision of railway services;

(j)

the proposed universal accessibility in all relevant parts of the railway to cater to the needs of disabled persons; and

(k)

such other matters as may be prescribed that will enable the

Minister to evaluate the railway scheme.

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(3)

Every railway scheme deposited under subsection (2) shall be accompanied with a map showing the proposed routes for the railway.

(4)

The Director General of Land Public Transport may require the applicant to submit such further or additional information as the

Director General of Land Public Transport deems necessary with reference to any information contained in the railway scheme, and such further or additional information shall be submitted within such period and in such manner as the Director General of Land Public Transport may require.

(5)

The Director General of Land Public Transport shall, within any such period as set out in the regulations made under paragraph 252(1)(tal), submit a written recommendation to the Minister on the application.

(6)

The written recommendation of the Director General of Land

Public Transport shall specify—

(a)

the reasons for its recommendation; and

(b)

any conditions which the applicant should be subject to if the Director General of Land Public Transport recommends to the Minister to grant the approval.

(7)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Approval of railway scheme and deposit of plans, sections, etc.

Section 84

(2)

Where the Minister grants conditional approval to the railway scheme under subsection (1), the applicant shall deposit in the office

Land Public Transport 99

of the Director General of Land Public Transport for public inspection—

(a)

plans and sections on a scale as specified by the Director

General of Land Public Transport or as set out in the regulations made under paragraph 252(1)(tam) 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 road; and

(iv)

any intended crossing of the tracks of the proposed railway over any road, navigable river, canal or railway; and

(b)

a book of reference containing the names of the proprietors and lessees of the lands which may be required for the purposes of the proposed railway.

(3)

The Director General of Land Public Transport may require the applicant to submit such further or additional information as the

Director General of Land Public Transport deems necessary in respect of the plans and sections and book of reference referred to in subsection (2).

(4)

The applicant shall give notice of the deposit of such plans and sections and book of reference by advertisement in at least three successive issues of at least two national newspapers, one of which shall be in the national language, calling on all persons having any objection to the plans and sections and book of reference to send in a statement of their objections in writing to the Director General of Land

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Public Transport within three months from the date of the last notice in the newspapers.

(5)

At the expiration of the period of three months, the Director

General of Land Public Transport shall present the plans and sections and book of reference referred to in subsection (2) together with any objections thereto and his recommendations to the Minister for final approval.

(6)

The Minister may, after considering the plans and sections and book of reference and any objections thereto and having due regard to the recommendations of the Director General of Land Public

Transport—

(a)

give final approval to or reject the railway scheme; or

(b)

where he considers that the plans and sections should be amended, direct the applicant to reconsider such plans and sections and report to the Director General of Land Public

Transport within such period as the Director General of

Land Public Transport may require.

(7)

In the case where paragraph (6)(b) applies, the Minister may, after considering the amendments made to the plans and sections and having due regard to the objections made under subsection (4) and the recommendations of the Director General of Land Public Transport, give final approval to or reject the railway scheme.

(8)

The plans and sections, if approved by the Minister, whether under paragraph (6)(a) or subsection (7), shall be deemed to be deposited plans referred to in this Act.

(9)

The Minister may, in approving any railway scheme, impose any requirement or condition as it considers appropriate, having due regard to the recommendations of the Director General of Land Public

Transport.

(10)

The decision of the Minister to grant or not to grant the approval under this section shall be communicated to the applicant by

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the Director General of Land Public Transport by written notice as soon as practicable.

(11)

The written notice by the Director General of Land Public

Transport under subsection (10) shall specify—

(a)

in the case where the approval is granted, the fact of such grant and the requirements or conditions imposed under subsection (9); and

(b)

in the case of a refusal to grant the approval, the fact of such refusal and the reasons for the refusal.

(12)

A person who contravenes any requirement or condition imposed under subsection (9) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Prescribed modification, change or extension of approved railway schemes

Section 85

(a)

without the approval of the Minister, acting on the recommendation of the Director General of Land Public

Transport; 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

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written application to and deposit with the Director General of Land

Public Transport such information and documents, including plans, as may be requested by the Director General of Land Public Transport and, within such period and in such manner as the Director General of

Land Public Transport 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 conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Approval of prescribed modification, change or extension of approved railway schemes and deposit of plans, information and other documents

Section 86

(2)

Where the Minister grants conditional approval in respect of the application under subsection (1), the applicant shall deposit in the office of the Director General of Land Public Transport for public inspection such documents as may be specified by the Director General of Land Public Transport.

(3)

The Director General of Land Public Transport shall provide his 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 Director

General of Land Public Transport, and any objections thereto and having due regard to the recommendations of the Director General of

Land Public Transport—

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(a)

give final approval to or reject the application under subsection (1); or

(b)

where he considers that the plans and sections should be amended, direct the applicant to reconsider such plans and sections and report to the Director General of Land Public

Transport within such period as the Director General of

Land Public Transport may require.

(5)

In the case where paragraph (4)(b) applies, the Minister may, after considering the amendments made to the plans and sections and having due regard to the objections made thereto and the recommendations of the Director General of Land Public Transport, give final approval to or reject the application under subsection (1).

(6)

The plans and sections, if approved by the Minister, whether under paragraph (4)(a) or subsection (5), shall be deemed to be deposited plans referred to in this Act.

(7)

The Minister may, in approving any application under subsection (1), impose any requirement or condition as he considers appropriate, having due regard to the recommendations of the Director

General of Land Public Transport.

(8)

The decision of the Minister to grant or not to grant the approval under this section shall be communicated to the applicant by the

Director General of Land Public Transport by written notice as soon as practicable.

(9)

The written notice by the Director General of Land Public

Transport under subsection (8) shall specify—

(a)

in the case where the approval is granted, the fact of such grant and the requirements or conditions imposed under subsection (7); and

(b)

in the case of a refusal to grant the approval, the fact of such refusal and the reasons for the refusal.

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(10)

A person who contravenes any requirement or condition imposed under subsection (7) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Construction and works

Railway to be constructed according to approved plans

Section 87

(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.

Private land may be acquired for railway

Section 88

(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.

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Power of railway company to execute all necessary works

Section 89

(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 Director General of Land Public Transport.

(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

Director General of Land Public Transport, of its intention to enter the land.

(4)

The notice mentioned in subsection (3) shall state as fully and accurately as possible the nature and extent of the acts intended to be done.

(5)

The Director General of Land Public Transport may determine the form of the notice mentioned in subsection (3) and the manner in which such notice may be served on a proprietor or occupier of the land.

Power of Director General of Land Public Transport in case of accident

Section 90

(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 Director General of Land Public Transport, but in such a case the railway company shall, within twenty-four hours after such entry, make a report to the Director General of Land Public Transport 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 Director

General of Land Public Transport is of the opinion that there is no danger or apprehended danger to the public, the railway company shall immediately cease work on such lands, if such works are still being carried out.

Payment of compensation

Section 91

(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.

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Accommodation works

Section 92

(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

Director General of Land Public Transport 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 Director

General of Land Public Transport, 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, the works as specified in paragraphs (1)(a)

and (b) shall be made during or immediately after the laying out or formation of the railway over the lands traversed by it, and in such manner as to cause as little damage, injury or inconvenience as possible to persons interested in the lands or affected by the works, as the case may be; and if there is damage or injury to the lands the railway company shall pay adequate compensation to the persons interested therein.

(3)

A railway company shall not be required—

(a)

to make any accommodation works in such a manner as would prevent or obstruct the working or use of a railway;

or

(b)

to make any accommodation works with respect to which the proprietors and occupiers of the land have agreed to receive and have been paid compensation in consideration of their not requiring the works to be made.

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(4)

Where a railway company has provided a suitable crossing for a road or stream, and the road or stream is afterwards diverted by the act or neglect of the person having control over such road or stream, the railway company shall not be required to provide any other crossing for the road or stream.

Additional works

Section 93

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)

the Federal Government, State Government or local government desires to construct a road or other works across, over or under a railway, the proprietor or occupier of the land, or the Federal Government, State

Government or local government may, at his or its own expense, cause to be made such further accommodation works as the proprietor or occupier of the land, or the Federal Government, State Government or local government 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 the Federal Government, State

Government or local government and the railway company, such further accommodation works as authorized by the Director General of

Land Public Transport.

Fences, boundary marks or screens

Section 94

(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.

Graded crossings

Section 95

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Where a railway company has constructed a railway track across an existing road on the level, the Director General of Land Public Transport may, if it appears to the Director General of Land Public Transport 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 Director General of Land Public

Transport to be best adapted for removing or diminishing the danger arising from the level crossing and for meeting the convenience of the public.

Road crossings

Section 96

(2)

The Director General of Land Public Transport 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 the railway track at suitable distances from such level crossing, and the driver of every engine or other motive vehicle shall sound the whistle of his engine or other motive vehicle in accordance with such signals before the engine or other motive vehicle crosses the road.

(4)

The railway company shall not be liable for any damage caused to any person or property by the passage of any engine, other motive vehicle or any other rolling-stock attached to it across the road at any crossing specified in a declaration under subsection (2), unless it is proved that the driver of the engine, other motive vehicle or rolling-stock did not sound the whistle of his engine, other motive vehicle or rolling-stock in accordance with the signals.

(5)

Where the Federal Government, State Government or local government constructs a road across an existing railway track, the

Federal Government, State Government or local government responsible for the maintenance of such road shall be liable to pay to the railway company the cost of the construction of any gate or barrier erected by the railway company at the point where the road crosses the railway track and an annual rent for the maintenance thereof.

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Private crossings

Section 97

(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 Minister may make regulations under paragraph 252(1)

(tan) in respect of the construction, opening and closing and conditions of use of private crossings.

Occupation crossings

Section 98

(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

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occupation crossing, and such keys shall be retained and used by that person for such period and subject to such conditions as the railway company may determine.

(4)

The railway company may, from time to time, define the hours suitable for the opening of the gates and barriers of any occupation crossing, and the gates or barriers shall only be opened by the railway official with whom the keys of such gates or barriers are kept at the times so determined by the railway company.

(5)

A person, not being a person to whom the keys of the gates or barriers are entrusted under subsection (3), who intends to use an occupation crossing outside the hours defined under subsection (4), shall give to the railway official with whom the keys of the gates or barriers are kept, notice of his intention to do so.

Removal of trees dangerous to or obstructing the working of railway

Section 99

(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 Director General of

Land Public Transport, avert the danger or remove the obstruction, as the case may be.

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(2)

Where a tree obstructs or interferes with the view of any fixed signal, a railway company may cause the tree to be cut down or dealt with in such other manner as will remove the obstruction or interference, as the case may be.

(3)

When the tree referred to in subsections (1) and (2) was in existence before the railway was constructed, or the telegraph, telephone, signal, electric light or electric power wire was laid, or the post, structure or fitting was erected or installed, or the signal was fixed, adequate compensation shall be paid by the railway company to the proprietor or occupier of the land where the tree is on.

(4)

For the purposes of this section, “tree” includes the undergrowth.

Notice of felling or clearing of trees or jungle adjacent to railway

Section 100

(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.

Licence to operate railway and opening of railway

Application for operator’s licence

Section 101

(2)

An application for an operator’s licence under this section shall be made to the Director General of Land Public Transport in the form and manner as determined by the Director General of Land Public

Transport and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the

Director General of Land Public Transport.

(3)

The Director General of Land Public Transport shall, within such period as set out in the regulations made under paragraph 252(1)(tal), submit a written recommendation to the

Minister on the application.

(4)

The written recommendation of the Director General of Land

Public Transport shall specify—

(a)

the reasons for its recommendation; and

(b)

any conditions which the applicant should be subject to if the Director General of Land Public Transport recommends to the Minister to issue the operator’s licence.

(5)

The Minister may after having due regard to the recommendations of the Director General of Land Public Transport—

(a)

approve the application and issue an operator’s licence to the applicant upon payment of the prescribed fee; or

(b)

refuse the application.

(6)

Notwithstanding subsection (5), where a railway scheme has been approved in accordance with this Part, the railway company which submitted the railway scheme shall, subject to any condition or requirement imposed by the Minister on such approval, be deemed to be a qualified and suitable applicant for the purpose of operating the railway approved under the railway scheme, and the Minister shall, on an application by the railway company under subsection (2), approve the application and issue an operator’s licence to such railway company upon payment of the prescribed fee.

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(7)

Every operator’s licence issued under this section shall set out the duration of the operator’s licence and the following conditions may be attached to the operator’s licence:

(a)

the type of railway system and railway services and related, peripheral or ancillary activities to be operated or provided by a licensed operator;

(b)

the annual licence fee payable by a licensed operator;

(c)

the fares which a licensed operator may impose on passengers;

(d)

the freight which a licensed operator may impose in respect of the carriage of goods;

(e)

the particular duties of a licensed operator in respect of the railway services operated or facilities provided by it; and

(f)

such other matters or conditions as the Minister thinks fit.

(8)

The Minister may, on the recommendation of the Director

General of Land Public Transport, at any time, add, cancel or vary any of the conditions attached to an operator’s licence issued under this section.

(9)

The issuance of an operator’s licence to the applicant by the

Minister under this section shall not impose any liability on the

Director General of Land Public Transport or the Government for any loss or damage occasioned by any act, omission or default of the applicant.

(10)

A person who contravenes subsection (1) or any condition attached to an operator’s licence issued under this section commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Notice of intended opening of railway

Section 102

(2)

The Director General of Land Public Transport 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.

Minister to approve opening of railway

Section 103

(2)

The Minister shall only give his approval to the opening of a railway after he has received a written report from a person appointed by the Director General of Land Public Transport 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.

(3)

This section shall apply mutatis mutandis—

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(a)

to any addition or modification forming part of or directly connected to a railway constructed after the inspection which preceded the first opening of the railway;

(b)

to any reconstruction materially affecting the structural character of any railway; and

(c)

to any other prescribed modification, change or extension made to the railway scheme approved under section 86, which is prescribed to be applicable for the purposes of this section.

(4)

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Revocation or suspension of operator’s licence

Section 104

(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 Director General of Land Public Transport shall submit to the Minister a report of such failure by the licensed operator together with any recommendations by the Director General of Land Public

Transport and the report shall be in such form as the Director General of Land Public Transport considers appropriate.

(3)

Where, after considering the report from the Director General of

Land Public Transport and his recommendations, the Minister is satisfied that the contravention or apprehended contravention is of a

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serious nature or has affected or is likely to affect public interest or safety, and the licensed operator has refused to take or has not taken all such steps as appear necessary to the Director General of Land

Public Transport for the purpose of securing compliance with the condition or provision in question, the Minister may authorize the

Director General of Land Public Transport to give to the licensed operator a written notice stating that it proposes to revoke or suspend, as the case may be, its operator’s licence and such notice shall also set out or specify—

(a)

the condition of the operator’s licence or provision which the licensed operator has contravened and the acts or omissions which constitute such contravention; and

(b)

the period, not being less than thirty days from the date of the notice, within which the licensed operator may make representations with respect to the proposed revocation or suspension, as the case may be.

(4)

After the expiry of the period specified in the notice and considering any representations made by the licensed operator and any recommendations made by the Director General of Land Public

Transport, the Minister shall decide whether to proceed with the proposed action or to take no further action.

(5)

A notice shall be given by the Director General of Land Public

Transport to the licensed operator of the decision of the Minister and the decision shall take effect from the date on which the notice is served on the licensed operator.

(6)

In addition to his powers under the preceding subsections, the

Minister may, by written notice, revoke or suspend an operator’s licence issued under this Chapter—

(a)

if the issuance of the operator’s licence was induced by a false representation of fact by or on behalf of the licensed operator;

(b)

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or,

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where a receiver or manager is appointed in relation to the business of operating railway services of such licensed operator; or

(c)

if it is satisfied that the railway 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 original purpose for which the operator’s licence was issued no longer exists:

Provided that the Director General of Land Public Transport shall not revoke or suspend the operator’s licence unless it is satisfied that, after giving the licensed operator an opportunity of making any representation in writing it may wish to make, the operator’s licence should be revoked or suspended.

(7)

The decision of the Minister under this section shall be final and conclusive and no compensation shall be payable to the licensed operator in respect of any action lawfully taken against it under this section.

(8)

Where an operator’s licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the licensed operator shall within fourteen days from the date of revocation of the operator’s licence return the operator’s licence to the Director General of Land

Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

(9)

A licensed operator whose operator’s licence has been suspended under this section shall not, during the period of suspension, operate the railway authorized by such operator’s licence.

(10)

A licensed operator who contravenes subsection (8) or (9)

commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

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Inspection

Section 105

After a railway has been opened, the railway shall be inspected by a person appointed by the Director General of Land Public

Transport in such manner and at such intervals as may be set out in the regulations made under paragraph 252(1)(tao).

Section 106

Power to close railway when opened

(2)

The Director General of Land Public Transport 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 Director General of Land Public

Transport considers necessary for the safety of the public or goods carried on the railway.

Reopening of railway after closure

Section 107

(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 a person appointed by the Director General of Land Public Transport and the Minister has approved its use.

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Reopening of railway track after temporary suspension

Section 108

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 Director General of Land Public Transport.

General penalty for failure to comply with Chapter 4 of Part IV

Section 109

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 Director General of Land

Public Transport requiring it to cease the act specified in the notice has been served upon the licensed operator.

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Duties of licensed operator

Section 110

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.

Standards of performance

Section 111

(2)

Without prejudice to the generality of subsection (1), regulations 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.

Submission of reports, accounts, etc.

Section 112

(a)

is connected with the carrying out by the licensed operator of its licensed activities; or

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(b)

is material to the carrying out by the Director General of

Land Public Transport of any of his powers under this Act, as the Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).

(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 Director General of Land Public

Transport may allow, furnish to the Director General of Land Public

Transport—

(a)

a report of its operation during that financial year containing such information as is necessary to enable the Director

General of Land Public Transport to assess the level of the licensed operator’s compliance with performance and regulatory standards as well as satisfactory evidence of compliance with the conditions of the operator’s licence;

(b)

its audited annual balance sheet, profit and loss account, together with any notice thereon, and the reports of its auditor and, where applicable, its directors; and

(c)

a return tabulating such information as may be required by the Director General of Land Public Transport in respect of offences committed by the licensed operator and its employees and members of the public in connection with or relating to the operations of the railway.

(3)

Without prejudice to subsection (1), the Director General of

Land Public Transport may require a licensed operator to submit to it in respect of any period specified by the Director General of Land

Public Transport—

(a)

such information relating to the maintenance by the licensed operator of the terminals in the possession or under the control of the licensed operator as the Director General of Land Public Transport may require or as set out in the regulations made under subparagraph 252(1)(tb)(i), including frequency of maintenance of the same;

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(b)

any statistical information relating to the operations of the licensed operator;

(c)

its passenger or goods forecast during such period and in such form as may be determined by the Director General of

Land Public Transport; and

(d)

future development plans relating to any service or facility which the licensed operator is bound to provide under the conditions of the operator’s licence.

(4)

The information required under this section shall be furnished in such form and manner, at such interval and shall be accompanied or supplemented by such explanations and supporting documents as the

Director General of Land Public Transport may require or as may be set out in the regulations made under paragraph 252(1)(tm).

(5)

The information which a licensed operator is required to furnish to the Director General of Land Public Transport under this section may include information which, although the information is not in the possession of the licensed operator or would not otherwise come into the possession of the licensed operator, is information that the licensed operator can reasonably be required to obtain or compile.

(6)

The Director General of Land Public Transport may require a licensed operator to appoint, at the licensed operator’s cost, an independent expert with qualifications as may be specified by the

Director General of Land Public Transport, to conduct an audit or review any of the information which a licensed operator is required to furnish to the Director General of Land Public Transport under this section, but such appointment and report of the independent expert shall not relieve or derogate in any way the licensed operator’s liability under this section.

(7)

The Director General of Land Public Transport or land public transport officers may, at any time, as it deems necessary, conduct an audit on the business and activities of the licensed operator and the licensed operator shall take all necessary steps, at its own cost, to assist and facilitate the Director General of Land Public Transport or land

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public transport officers in conducting the audit, including to grant them access to its premises and documentation and information.

(8)

A licensed operator who—

(a)

fails to furnish any information as may be required by the

Director General of Land Public Transport under this section; or

(b)

refuses to assist or facilitate, or obstructs, the Director

General of Land Public Transport or land public transport officers in conducting an audit under this section, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Director General of Land Public Transport to be informed of any change in control of licensed operator, etc.

Section 113

(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 under any written law; and

(f)

any proceedings or claims instituted or made against the licensed operator which might have an adverse effect on its

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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 and policy of the licensed operator.

(3)

A licensed operator who fails to comply with this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit and, in the case of a continuing offence shall, in addition, be liable to a daily fine not exceeding one thousand ringgit for each day during which the offence continues to be committed from the date the licensed operator is required to submit the information under subsection (1).

Traffic facilities

Section 114

Every licensed operator shall afford all reasonable facilities for the receiving, forwarding and delivery of traffic on the railway.

Vocational licence

Vocational licences for railway train drivers

Section 115

(2)

The Director General of Land Public Transport 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 Director General of Land Public Transport upon the ground that, by reason of his conduct or physical disability, the holder is not a fit

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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 Director General of Land Public Transport—

(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 representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the vocational licence should be revoked or suspended; or

(b)

shall not revoke or suspend the vocational licence on grounds other than the ground specified in paragraph (a), unless it is satisfied that, after giving the holder of the vocational licence an opportunity of making any representation in writing he may wish to make, the vocational licence should be revoked or suspended.

(4)

A person 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.

Licensed operator to employ persons with vocational licences

Section 116

(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.

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Fares and freight

Fares

Section 117

(2)

The Minister may, on the recommendation of the Director

General of Land Public Transport, 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 Director General of Land Public

Transport 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 and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(5)

No person shall travel on a railway without first having paid his fare and obtaining a ticket.

(6)

Every person intending to travel on a railway shall, upon payment of his fare, be furnished with a ticket specifying the class of railway coach or accommodation for, the station or place from, and the station or place to, which the fare has been paid.

(7)

Every person travelling on a railway shall, when required to do so, show the proof of payment of the fare to a licensed operator or railway official duly authorized to examine the payment of fares.

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(8)

For the purposes of this section, “proof of payment of the fare”

shall include tickets and electronic cards issued for the purpose of payment of fares or any other satisfactory evidence of payment of fares as may be set out in the regulations made under paragraph 252(1)(ty).

(9)

Where a licensed operator or railway official duly authorized to examine the payment of fares is satisfied that any person has made use of a railway without paying the appropriate fare for the distance travelled or where any person fails to produce or deliver up proof of payment of the fare in contravention of subsection (7), he may require such person to pay—

(a)

the fare for the distance travelled; and

(b)

a special charge, not exceeding such sum as may be prescribed.

(10)

Such fare and special charge shall be paid on demand to the railway official duly authorized to examine the payment of fares or collect tickets, and if not so paid, payment thereof may be recovered by the licensed operator by action at law.

(11)

If any dispute arises as to the fare calculated according to distance, the dispute may be referred—

(a)

in the first instance, to the railway official duly authorized to determine the dispute;

(b)

upon appeal from the decision of the railway official, to a land public transport officer to determine the dispute, whose decision shall be final, and any certificate issued by such duly authorized railway official or the land public transport officer, shall be admissible in evidence.

Freight

Section 118

(2)

The Minister may, on the recommendation of the Director

General of Land Public Transport, 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 Director General of Land Public

Transport 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 offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Timetables and lists of fares to be posted up at railway stations

Section 119

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.

Section 120

Submission of memorandum for any change in existing structure of fares, etc.

(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 Director General of Land Public Transport shall, as soon as practicable, make necessary notification in the Gazette in respect of the change in the existing structure of fares, freight or charges.

Specific offences relating to railways

Intoxication or breach of duty by railway official

Section 121

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.

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Improper use of emergency signal apparatus

Section 122

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.

Section 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.

Section 124

Entering or leaving railway coach irregularly

(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.

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Resisting entry, and entering and refusing to leave full train

Section 125

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.

Trespass upon railway or railway premises

Section 126

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, commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit, and may be immediately removed therefrom.

Section 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

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conviction, be liable to a fine not exceeding five hundred ringgit for each offence.

Section 128

Damage, whether wilful or negligent, etc.

(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 likely to damage such fencing or hedges 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.

(3)

Any person who, wilfully or negligently, diverts any stream or drain or, by any means causes water to flow on to a railway or, causes damage to a railway in any manner by water, 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.

(4)

Any person who, having any contract for the supply to a licensed operator of bricks, ballast, timber, fuel, or any other material, or being

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employed in connection with the supply to the licensed operator of such material, negligently places or stacks the said material in an unsafe or careless manner or at less than such distance from the railway tracks as stipulated in the regulations made under subparagraph 252(1)(tb)(ii), so that the safety of passing railway trains or any person or goods in or upon such trains is endangered, 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.

Opening or not properly shutting gates

Section 129

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, 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.

Maliciously obstructing or attempting to obstruct a railway

Section 130

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;

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(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 carried on the railway, 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 twenty years or to both.

Gestures or signals causing railway to stop

Section 131

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, 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.

Section 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

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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, 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.

Miscellaneous: specific enforcement provisions, etc.

General penalty for breach of Part IV, except Chapter 4, and subsidiary legislation

Section 133

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.

Section 134

Lien for fares, freight and other charges

(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

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(b)

in the case of other goods, sell by public auction, on the expiration of at least fourteen days’ notice of the intended auction published in one or more of the local newspapers, such quantity of the goods as will be sufficient to recover the sum due to or recoverable by the licensed operator together with all expenses of such detention, notice and sale, including, in the case of animals, the expenses of feeding, watering and tending thereof.

(3)

The licensed operator may, out of the proceeds of sale, retain the amount of the sum and expenses due to or recoverable by the licensed operator, rendering the surplus, if any, of the proceeds and such of the goods as remain unsold to the person entitled thereto.

(4)

If the person entitled thereto fails to remove from the railway premises, within a reasonable time, any of the goods which have remained unsold, the licensed operator may sell the whole of such goods and shall, after deducting the expenses of the further detention and sale of such goods, render the surplus of the proceeds to the person entitled thereto.

(5)

The person entitled to remove the goods shall not do so unless he tenders to the licensed operator a sum equal to the costs, charges and expenses of the further detention of such goods from the date of sale under subsection (2) to the date of removal.

(6)

Notwithstanding anything in this section, the licensed operator may recover by suit or action any such sum as is referred to in subsection (1).

(7)

For the purposes of this section, “goods” shall be deemed to include luggage.

Disposal of unclaimed goods

Section 135

(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.

Requisition for written declaration of description of goods

Section 136

(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 respect thereof not exceeding the highest rate which may be in force at the time on the railway for any class of goods; or

(b)

in respect of goods which have been transported, charge a rate not exceeding such highest rate.

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(3)

If a declaration delivered under subsection (1) is materially false with respect to the description of any goods to which it purports to relate, and which have been transported, the licensed operator may charge, in respect of the transportation of the goods, a rate not exceeding double the highest rate which may be in force at the time on the railway for any class of goods.

(4)

If any difference arises between a railway official and the owner or person having charge, or the consignee, of any goods which have been delivered for transport, or have been transported, with respect to the description of goods being the subject of a declaration under this section, the railway official may detain and examine the goods.

(5)

If it appears from the examination that the description of the goods is different from that stated in the declaration delivered under subsection (1), the person who delivered the declaration or, if that person is not the owner of the goods, then that person and the owner jointly and severally, shall be liable to pay to the licensed operator the cost of the detention and examination of the goods, and the licensed operator shall be exonerated from all responsibilities for any loss which may have been caused by the detention or examination thereof.

(6)

If it appears that the description of the goods is not different from that stated in the declaration delivered under subsection (1), the licensed operator shall pay the cost of the detention and examination, and be responsible to the owner of the goods for any such loss as aforesaid.

(7)

Any person adversely affected by subsection (3) or (5) may, unless he has previously admitted his liability, within seven days of the making of a claim by or on behalf of the licensed operator under any of the preceding subsections, require, by written notice, the licensed operator to recover such claim by suit or action, and until the termination of such suit or action, the right of the licensed operator to recover such claim by sale and retention of the proceeds thereof in the manner stipulated under this section shall be suspended.

(8)

For the purposes of this section, “goods” shall be deemed to include luggage.

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Power of entry

Section 137

Without prejudice to sections 103, 216 and 217, the Director

General of Land Public Transport or any land public transport officer may enter upon any railway or railway premises to inspect and examine the state of the railway or railway premises.

Section 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 Director General of Land

Public Transport, 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.

Section 139

Special powers in emergency

(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.

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(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 railway, railway service or, railway premises or facility under paragraph (1)(a), adequate compensation shall be paid by the

Government, upon the Government being satisfied that the events as mentioned in subsection (1) was not caused or contributed to in any way by the licensed operator.

Restriction on execution against railway property

Section 140

Minister to—

(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.

Legal duties of railway official

Section 141

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.

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Section 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 land public transport officer, or by any other person whom such police officer, railway official or land public transport 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.

Section 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.

INTEGRATION

Integration of land public transport

Section 144

The Director General of Land Public Transport may, in order to facilitate and accommodate the integration and co-ordination of land public transport, impose on any licensee, licensed operator, terminal licensee or intermediation business licensee such conditions in its or his licence or operator’s licence as the Director General of Land Public

Transport deems fit, including a condition requiring integration with other licensees, licensed operators, terminal licensees and intermediation business licensees.

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PART VA

INTERNATIONAL CIRCULATION OF LAND PUBLIC TRANSPORT

Section 144A

Permit, licence, etc., under international agreement

(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, including loading and unloading of goods or passengers and transit;

(c)

to regulate the use, operation and technical requirements of the land public transport referred to in subparagraphs (a)

and (b), including —

(i)

the extent, hours, frequency and routes or areas to be used or serviced;

(ii)

the type and form of documents to be carried and information to be displayed on each land public transport; and

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(iii)

the accounts, documents and records in connection with this section to be kept and produced on demand for inspection and verification; and

(d)

to prescribe the fees or charges payable in connection with this section and the manner of payment thereof.

Accidents involving railway

Notice of accident to be given

Section 145

(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 Director General of Land Public Transport.

(2)

The notice shall contain a brief statement of the nature of the accident and the extent of the injuries or damage caused.

Inquiry

Section 146

(2)

The licensed operator shall submit to the Director General of

Land Public Transport 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 Director General of Land Public Transport 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)

For the purposes of such inquiry, the investigation committee may summon any person to attend any meeting of the committee to give evidence on oath or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession related to the matters which are the subject matter of such inquiry.

(5)

A person who under subsection (4)—

(a)

having been summoned to attend any such inquiry, fails to do so;

(b)

offers any act of disrespect or any insult or threat to the committee or any member of the committee during an inquiry; or

(c)

having been required by the committee to give evidence on oath or to produce a document or other thing, refuses to do so or gives false evidence or produces a document or any other thing which he knows to be false, 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.

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(6)

The investigation committee shall, on completion of the inquiry, submit its report to the Director General of Land Public Transport and such report shall state the opinion of the committee as to the cause of the accident and the full particulars of the case.

Minister may order inquiry

Section 147

(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.

Meaning of “accident”

Section 148

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.

Section 149

Power to make regulations relating to notices of accident, etc.

The Minister may make regulations relating to—

148 Laws of Malaysia ACT 715

(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 land public transport officers on the occurrence of an accident; and

(d)

the procedures of any inquiry into an accident.

Submission of return of accidents

Section 150

Every licensed operator shall send to the Director General of

Land Public Transport 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

Director General of Land Public Transport directs.

Section 151

Penalty for failure to comply with section 145

(2)

A licensed operator who fails to give notice of an accident as is required by paragraph 145(1)(b) shall pay to the Director General of

Land Public Transport a sum of one thousand ringgit for every day during which the default continues.

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Penalty for failure to comply with section 150

Section 152

A licensed operator who fails to comply with section 150

shall pay to the Director General of Land Public Transport 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.

Section 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.

Inquiries

Inquiries by Director General of Land Public Transport

Section 154

(2)

The Director General of Land Public Transport 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,

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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.

Conduct of inquiry

Section 155

(2)

The Director General of Land Public Transport may combine two or more inquiries into a single inquiry.

(3)

All inquiries are to be open to the public.

Publication of notice of inquiry

Section 156

(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 Director General of Land Public

Transport about that matter;

(e)

the matters that the Director General of Land Public

Transport would like such submissions to deal with; and

(f)

the address or addresses to which submissions may be sent.

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(2)

The Director General of Land Public Transport is not required to publish a notice of all matters referred to in subsection (1) at the same time or in the same manner.

(3)

The Director General of Land Public Transport shall consider any submission received within the period specified in the notice.

(4)

The submissions made by members of the public shall be in the form and nature as specified in the notice.

Private inquiry and confidential materials

Section 157

(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 Director General of Land Public Transport 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

Director General of Land Public Transport shall give instructions as to the persons who may be present at the inquiry or part of the inquiry.

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Reports of public inquiry

Section 158

Public Transport is satisfied that—

(2)

The Director General of Land Public Transport shall publish the report within sixty days from the conclusion of the public inquiry.

(3)

The Director General of Land Public Transport 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.

Protection from civil action

Section 159

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 Director General of Land Public

Transport in relation to an inquiry under this Chapter.

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Register of reports

Section 160

The Director General of Land Public Transport shall maintain a register of all reports made pursuant to an inquiry under this Chapter in accordance with section 249.

Investigation

Investigation by Director General of Land Public Transport

Section 161

Notwithstanding the provisions of any other written law, the

Director General of Land Public Transport shall investigate any matter pertaining to the administration of this Act if—

(a)

the Minister directs the Director General of Land Public

Transport to conduct an investigation into any offence under this Act which may have been or may be committed;

or

(b)

the Director General of Land Public Transport has grounds to believe that an offence under this Act was, is or will be committed.

Complaints to Director General of Land Public Transport

Section 162

(2)

The complaint shall specify the person against whom the complaint is made (referred to as the “respondent”).

(3)

If it appears to the Director General of Land Public Transport that—

(a)

a person wishes to make a complaint; and

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(b)

the person requires assistance to formulate the complaint or to reduce it into writing, it is the duty of the Director General of Land Public Transport to take reasonable steps to provide appropriate assistance to the person.

(4)

If a complaint has been made to the Director General of Land

Public Transport under this section, the Director General of Land

Public Transport may make inquiries of the respondent for the purpose of deciding—

(a)

whether the Director General of Land Public Transport has the power to investigate the matter to which the complaint relates; or

(b)

whether the Director General of Land Public Transport should, in his discretion, investigate the matter.

(5)

If the Director General of Land Public Transport decides not to investigate, or not to investigate further, a matter to which a complaint relates, it shall as soon as practicable and in such manner as it thinks fit, inform the complainant and the respondent of the decision and the reasons for the decision.

Conduct of investigation

Section 163

(2)

An investigation under this Part is to be conducted as the

Director General of Land Public Transport thinks fit.

(3)

The Director General of Land Public Transport may, for the purposes of an investigation, obtain information from such persons as it thinks fit.

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(4)

Subject to subsection (5), it is not necessary for a complainant or a respondent to be given an opportunity to appear before the Director

General of Land Public Transport in connection with an investigation.

(5)

The Director General of Land Public Transport 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 Director General of Land Public Transport shall consider the submissions made by the complainant or respondent under subsection (5) before making his decision.

Report on investigation

Section 164

(2)

The report under subsection (1) shall cover—

(a)

the conduct of the investigation concerned;

(b)

any findings that the Director General of Land Public

Transport 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 Director General of Land Public

Transport thinks fit or as the Minister directs.

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Publication of reports

Section 165

The Minister may direct the Director General of Land Public

Transport to publish a report of an investigation if the Minister is satisfied that the publication would be in the national or public interest.

166–176.

(Deleted by Act A1574).

APPEAL

Appeal to Minister

Section 177

(2)

Notwithstanding subsection (1), there shall be no right of appeal by any person where an application under this Act is refused under subsection 17(3), 37(3) or 52(3).

(3)

An appeal shall be made in writing to the Minister within ninety days from the date the decision of the Director General of Land Public

Transport has been served to the person.

Recommendations by appeal committee

Section 178

(2)

The appeal committee shall make recommendations to the

Minister in relation to the appeal referred to in subsection (1).

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(3)

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

Decision of Minister

Section 179

Subject to this Act, the Minister may confirm, reverse or vary the decision of the Director General of Land Public Transport after considering the decision of the Director General of Land Public

Transport and the decision of the Minister is final.

Section 180

Validity of licence extended for successful appeal

Notwithstanding sections 19, 39 and 54, where the Minister allows an appeal in full against an order revoking a licence granted under this Act, the validity of the licence shall be extended by a period corresponding to the period during which the licence was of no effect and such extended period shall accordingly be inserted into the licence.

Section 181

Prohibition of similar application when earlier application pending appeal

Where any appeal for an application that is refused under this Act has not been determined or disposed of by the Minister, a person shall not make a similar application under this Act and any licence issued in the period of pending appeal shall be deemed to be void.

182–193.

(There are no ss. 182–193)

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ASSUMPTION OF CONTROL

Action by Minister in certain circumstances

Section 194

(a)

the Minister may by order published in the Gazette provide for the Director General of Land Public Transport to assume control of the whole of the property, business and affairs of that licensee, licensed operator, terminal licensee or intermediation business 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 Director General of Land Public Transport to appoint any person to do so on behalf of the Director General of

Land Public Transport and for the costs and expenses of the

Director General of Land Public Transport or the remuneration of the person so appointed, as the case may be, to be payable out of the funds and properties of the licensee, licensed operator, terminal licensee or intermediation business licensee as a first charge thereon;

(b)

the Minister may, whether or not an order has been made under paragraph (a), authorize an application to be made by the Director General of Land Public Transport to the High

Court to appoint a receiver or manager to manage the whole of the property, business and affairs of that licensee, licensed operator, terminal licensee or intermediation business licensee or such part thereof as may be set out in the order, if any, and for all such incidental, ancillary or consequential orders or directions of the High Court in relation to such appointment as may, in the opinion of the

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Director General of Land Public Transport, be necessary or expedient.

(2)

The Minister may, by order published in the Gazette, exempt the person appointed pursuant to paragraph (1)(a) or (b) from the provisions of Chapters 2 and 2A of Part II, Chapters 1, 2, 3 and 4 of

Part III and Chapters 4 and 5 of Part IV.

(3)

An order of the Minister under subsections (1) and (2) may be modified, amended, altered, varied or replaced either prospectively, or where it is not impracticable or unjust to do so, retrospectively, by a further order under subsection (1) or (2), as the case may be.

(4)

An order made under subsection (1), (2) or (3) may, at any time, be revoked by an order similarly made by the Minister and any such order may contain all such orders, directions or provisions of an incidental, ancillary or consequential nature as may be deemed necessary or expedient by the Minister.

Action by Minister in respect of licensee, licensed operator, terminal licensee or intermediation business licensee in national interest

Section 195

(a)

the Director General of Land Public Transport to assume control of the whole of the property, business and affairs of a licensee, licensed operator, terminal licensee or an intermediation business licensee and to carry on the whole of the licensee’s, licensed operator’s, terminal licensee’s or intermediation business licensee’s business and affairs;

(b)

the Director General of Land Public Transport to assume control of such part of the property, business and affairs of a licensee, licensed operator, terminal licensee or an intermediation business licensee as may be specified by the

Minister and to carry on such part of the licensee’s, licensed

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operator’s, terminal licensee’s or intermediation business licensee’s business and affairs; or

(c)

the Director General of Land Public Transport to appoint any person to exercise any of the actions directed in paragraph (a) or (b) on behalf of the Director General of

Land Public Transport; and

(d)

for the expenses of the Director General of Land Public

Transport, or the remuneration of the person so appointed under paragraph (c), as the case may be, to be payable out of the assets of the licensee, licensed operator, terminal licensee or intermediation business licensee in priority to all other claims whether secured or unsecured.

(2)

The determination of what amounts to national interest shall be made by the Minister and such determination shall be final and binding upon all persons.

(3)

The power of the Minister under this section shall only be exercised with the prior approval of the Federal Government.

(4)

The Minister may, by order published in the Gazette, exempt the person appointed by the Director General of Land Public Transport pursuant to subsection (1) from the provisions of Chapters 2 and 2A of Part II, Chapters 1, 2, 3 and 4 of Part III and Chapters 4 and 5 of

Section 196

(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 Director General of Land Public Transport and shall be binding on the licensee, licensed operator, terminal licensee or intermediation business 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 receiver or manager has been appointed in respect of a licensee, licensed operator, terminal licensee or an intermediation business licensee by the High Court under paragraph 194(1)(b), all proper costs, charges and expenses, including the remuneration of the receiver or manager, shall be payable out of the assets of the licensee, licensed operator, terminal licensee or intermediation business licensee in priority to all other claims.

Provisions relating to assumption of control under section 194

or 195

Section 197

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(2)

Where the control of a licensee, licensed operator, terminal licensee or an intermediation business licensee has been assumed in

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pursuance of an order under section 194 or 195, the Director General of Land Public Transport or the appointed person, as the case may be, shall remain in control of the property, business and affairs of the licensee, licensed operator, terminal licensee or intermediation business licensee concerned, and carry on the business and affairs of that licensee, licensed operator, terminal licensee or intermediation business licensee in the name and on behalf of that licensee, licensed operator, terminal licensee or intermediation business licensee, as provided in the said order, until such time as the said order is revoked under subsection 194(4).

(3)

Throughout the period of control of a licensee, licensed operator, terminal licensee or an intermediation business licensee in pursuance of an order under section 194 or 195, there shall be vested in the Director General of Land Public Transport or the appointed person, as the case may be, all the powers of the licensee, licensed operator, terminal licensee or intermediation business licensee or, where the licensee, licensed operator, terminal licensee or intermediation business licensee is a company, of the company and its directors, under the constituent documents of that licensee, licensed operator, terminal licensee or intermediation business licensee, or exercisable by that licensee, licensed operator, terminal licensee or intermediation business licensee or the company or its directors under any written law or otherwise howsoever, regardless whether such powers are exercisable by resolution, special resolution, or in any other manner whatsoever, and any difficulty whatsoever arising in relation thereto may be resolved by the Minister by a direction in writing.

(4)

During the period that an order under section 194 or 195 is in force, no licensee, licensed operator, terminal licensee or intermediation business licensee or where the licensee, licensed operator, terminal licensee or intermediation business licensee is a company, no company or director, to which the order relates shall, either directly or indirectly, engage in any activity in relation to the licensee, licensed operator, terminal licensee or intermediation business licensee, except as may be required or authorized by the

Director General of Land Public Transport or the appointed person, as the case may be, and no remuneration of whatever nature shall accrue or be payable to the licensee, licensed operator, terminal licensee or intermediation business licensee or, where the licensee, licensed

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operator, terminal licensee or intermediation business licensee is a company, the company or any director, except such as may be approved in writing by the Director General of Land Public Transport or the appointed person, as the case may be, in relation to any activity required or authorized as aforesaid by the Director General of Land

Public Transport or the appointed person, as the case may be.

(5)

It is hereby declared that an order under section 194 or 195 shall not have the effect of conferring on, or vesting in, the Director General of Land Public Transport or the appointed person, as the case may be, any title to, or any beneficial interest in, any property of the licensee, licensed operator, terminal licensee or intermediation business licensee to which the order relates.

COMMON OFFENCES AND PENALTIES

Unlawfully bringing dangerous or offensive goods or luggage

Section 198

(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.

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(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 vehicle or railway, any employee of the licensee or licensed operator may stop the transit thereof until he is satisfied as to the nature of the contents of the goods or luggage.

(5)

A person who takes or deposits or causes to be taken or deposited any dangerous or offensive goods or luggage upon a relevant vehicle or railway in contravention of 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 seven years or to both.

Entering or leaving railway coach, public service vehicle or tourism vehicle, etc., while in motion or travelling irregularly

Section 199

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 or to imprisonment for a term not exceeding three months or to both for each offence.

Section 200

Disorderly or offensive behaviour or nuisance

(a)

behaves in a disorderly or offensive manner or commits any nuisance at a terminal or on a railway coach, railway premises, public service vehicle or tourism vehicle; or

(b)

assaults, hinders or obstructs a licensee, terminal licensee, intermediation business licensee or licensed operator or an employee of the licensee, terminal licensee, intermediation business licensee or licensed operator, including a railway

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official, from providing land public transport service or in the execution of the duties of such employees, 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, terminal licensee, intermediation business licensee or licensed operator or an employee of the licensee, terminal licensee, intermediation business licensee or licensed operator from such terminal, railway coach, railway premises, public service vehicle or tourism vehicle and shall, if he is a passenger, forfeit his fare.

Wilful act or omission endangering passenger

Section 201

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.

Section 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.

Section 203

Smoking prohibited

(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.

Making false statements, etc.

Section 204

(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 Director General of Land

Public Transport in response to a request made by the

Director General of Land Public Transport under or for the purposes of this Act which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading; or

(d)

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

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(2)

In any prosecution under this section, when it has been proved that any application, statement, declaration, particulars, information, entry, record, register or other document is false or incorrect in whole or in part or misleading in any material particular, it shall be presumed until the contrary is proved, that such application, statement, declaration, particulars, information, entry, record, register or other document was false or incorrect or misleading in any material particular, as the case may be, to the knowledge of the person signing, delivering or supplying the same.

(3)

If any person—

(a)

forges, alters, tampers with, defaces, mutilates, uses or lends to or allows to be used by any other person any sign, identification mark, plate or document which is required by this Act to be carried or exhibited on any relevant vehicle, railway train, licence, operator’s licence or land public transport facility or terminal;

(b)

makes or has in his possession any sign, identification mark, plate or document so closely resembling any such sign, identification mark, plate or document as stated in paragraph (a) as to be calculated to deceive;

(c)

alters any entry made in a register, licence, operator’s licence or other document issued or kept under this Act;

(d)

exhibits on any relevant vehicle or railway train, any licence, operator’s licence, sign, identification mark, plate or document which has been altered, tampered with, defaced, mutilated or added to, or any imitation of a licence, operator’s licence, sign, identification mark, plate or document which is required under this Act to be carried or exhibited on a relevant vehicle or railway train;

(e)

exhibits on any relevant vehicle or railway train, any licence, operator’s licence, sign, identification mark, plate or document which does not belong to such relevant vehicle or railway train;

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(f)

prepares or maintains or authorizes the preparation or maintenance of false records that are required to be maintained under this Act; or

(g)

falsifies or authorizes the falsification of records that are required to be furnished under this Act, 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:

Provided that in the case of paragraph (d), he does not commit an offence if he proves that he had acted in good faith and had no reasonable grounds for supposing that such licence, operator’s licence, sign, identification mark, plate or document had been altered, tampered with, defaced, mutilated or added to, or that such licence, operator’s licence, sign, identification mark, plate or document was an imitation.

(4)

Paragraphs (3)(a) and (b) shall, with all necessary modifications, apply in relation to a document evidencing the appointment of a land public transport officer as they apply in relation to a licence or operator’s licence.

(5)

For the purposes of this section, “document” includes a badge.

Soliciting or touting

Section 205

(2)

Notwithstanding any other provisions in this Act, a police officer, road transport officer or land public transport officer may arrest without warrant any person who has committed or is suspected of

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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 force.

(3)

For the purposes of this section, “public place” includes all parts of an airport that is freely accessible to members of the public, any road, any terminal, or any place which has been gazetted as a stand for public service vehicles.

Penalty for fraud

Section 206

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 paid his fare to quit such public service vehicle or railway carriage;

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(c)

transfers or profits by the transfer of the return half of any ticket obtained by him; or

(d)

in any other manner whatsoever attempts to evade the payment of his fare, 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 for each offence.

INFORMATION GATHERING POWERS AND ENFORCEMENT

PROVISIONS

Information gathering powers

Provision of information

Section 207

(a)

has any information or document that is relevant to the performance of the powers and functions of the Director

General of Land Public Transport under the land public transport laws; or

(b)

is capable of giving any evidence which the Director

General of Land Public Transport has reasonable grounds to believe is relevant to the performance of the powers and functions of the Director General of Land Public Transport under the land public transport laws, it may, by a written notice, order the person—

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(A)

to give a land public transport officer, within the period and in the manner and form specified in the notice, any such information;

(B)

to produce to a land public transport 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 documents and to produce those copies to a land public transport officer within the period and in the manner specified in the notice;

(D)

if the person is an individual, to appear, at a private hearing, before a land public transport officer at a time and place specified in the notice to give any evidence, either orally or in writing, and produce any such documents, whether in a physical form or in electronic media;

(E)

if the person is a body corporate or a public body, to cause a competent officer of the body to appear, at a private hearing, before a land public transport officer at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents, whether in a physical form or in electronic media; or

(F)

if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear, at a private hearing, before a land public transport officer at a time and place specified in the notice to give any such evidence, either orally or in writing, and to produce any such documents, whether in a physical form or in electronic media.

(2)

The Director General of Land Public Transport shall allow the person so ordered under subsection (1) a reasonable time to provide any such information or documents as specified in the notice.

(3)

Any person required to provide information or documents under subsection (1) shall ensure that the information or documents provided

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are true, accurate and complete and such person should provide a representation to that effect, including a representation that he is not aware of any other information or document which would make the information or document provided untrue or misleading.

Proof of compliance

Section 208

General of Land Public Transport has reasonable grounds to believe that any person—

A person shall, if at any time called upon in writing by the

Director General of Land Public Transport to do so, provide to the

Director General of Land Public Transport or a land public transport officer all documents and information as the person may have relating to his compliance with any of the provisions of this Act, as the Director

General of Land Public Transport may generally, or in relation to any particular case, require.

Section 209

Director General of Land Public Transport may retain documents

(2)

The person who provided the document is entitled to be supplied, as soon as practicable, with a copy certified by the Director

General of Land Public Transport 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 Director

General of Land Public Transport shall, at such times and places as the

Director General of Land Public Transport 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 Director General of Land Public Transport is satisfied that the retaining of the document is no longer necessary, the Director

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General of Land Public Transport may return the document to the person who provided the document under subsection (1) as soon as practicable.

Access to records

Section 210

(a)

has any information or document that is relevant to the performance of the powers and functions of the Director

General of Land Public Transport under the land public transport laws; or

(b)

is capable of giving any evidence which the Director

General of Land Public Transport has reasonable grounds to believe is relevant to the performance of the powers and functions of the Director General of Land Public Transport under the land public transport laws.

(2)

A licensee, licensed operator, terminal licensee or an intermediation business 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 or to imprisonment for a term not exceeding two years or to both.

Incorrect records

Section 211

A person shall not, in purported compliance with a requirement imposed by the regulations made under paragraph 252(1)(tl) 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.

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Section 212

Record of information

(2)

A record maintained under subsection (1) may be made available to the public.

Publication of information

Section 213

(2)

The Director General of Land Public Transport shall consider the commercial interest of the parties to whom the information relates before publishing such information.

(3)

The Director General of Land Public Transport 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 Director General of Land Public Transport 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.

Offence for non-compliance

Section 214

A person who fails to comply with an order of the Director

General of Land Public Transport in accordance with this Chapter

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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.

Enforcement powers

Director General of Land Public Transport

Section 215

(2)

The powers and duties of the Director General of Land Public

Transport required to be exercised by him under this Act may be exercised by a Deputy Director General of Land Public Transport,

Director of Land Public Transport and Deputy Director of Land Public

Transport.

(3)

The Deputy Director General of Land Public Transport,

Director of Land Public Transport and Deputy Director of Land Public

Transport shall exercise his powers, perform his functions and discharged his duty in compliance with the direction, command, control and supervision of the Director General of Land Public

Transport as may be specified orally or in writing by the Director

General of Land Public Transport.

Appointment of land public transport officer

Section 215A

(2)

The land public transport officer appointed under subsection (1)

shall exercise his powers, perform his functions and discharged his duty in compliance with the direction, command, control and supervision of the Director General of Land Public Transport as may

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be specified orally or in writing by the Director General of Land Public

Transport.

(3)

A certificate of appointment in the form of an identification card shall be issued to each land public transport officer appointed under this Act and the card shall be signed by the Director General of Land

Public Transport and shall be prima facie evidence of the appointment under this Act.

Power of investigation

Section 216

(2)

Notwithstanding anything in this Act or any other written law, a land public transport officer or road transport 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 Director

General of Land Public Transport.

(3)

For the avoidance of doubt, it is declared that for the purposes of this Act, the land public transport officer or road transport 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.

Power of arrest

Section 217

(a)

found committing or attempting to commit or abetting the commission of an offence under this Act; or

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(b)

whom the land public transport officer or road transport officer reasonably suspects of being engaged in committing or attempting to commit or abetting the commission of an offence under this Act.

(2)

A land public transport officer or road transport 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.

Search and seizure with warrant

Section 218

(2)

Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—

(a)

copies of any books, account or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;

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(b)

any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence or operator’s licence issued under this Act; or

(c)

any document, equipment, motor vehicle, instrument or matter that is reasonably believed to furnish evidence of the commission of the offence.

(3)

A land public transport officer or road transport officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(4)

A land public transport officer or road transport officer making a search of a person under subsection (3) or section 219 may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any other things which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.

(5)

Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(6)

If, by reason of its nature, size or amount, it is not practicable to remove any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under this section, the land public transport officer or road transport officer shall by any means seal such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter in the premises or container in which it is found.

(7)

A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter under seal or attempts to do so 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.

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Search and seizure without warrant

Section 219

If a land public transport officer or road transport 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 land public transport officer or road transport 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.

Section 220

Access to computerized data

A land public transport officer or road transport 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.

Section 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.

Section 222

List of books, documents, etc., seized

(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 premises which have been searched, or to his agent or servant at those premises.

(2)

The written notice of the seizure shall not be required to be served in pursuance of paragraph (1)(b) where the seizure is made in the presence of the person against whom proceedings under this Act are intended to be taken, or in the presence of the owner of such property or his agent, as the case may be.

(3)

If the premises are unoccupied, the land public transport officer or road transport officer shall post 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 conspicuously on the premises.

Release of books, documents, etc., seized

Section 223

(2)

A record in writing shall be made by the land public transport officer or road transport officer effecting the release of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.

Power to require attendance of person acquainted with case

Section 224

(2)

If any person refuses or fails to attend as so required, the land public transport officer or road transport officer may report such refusal or failure to a Magistrate who shall issue a summons to secure

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the attendance of such person as may be required by the order made under subsection (1).

Examination of person acquainted with case

Section 225

(2)

Such person shall be bound to answer all questions relating to the case put to him by the land public transport officer or road transport 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 land public transport officer or road transport 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 in writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

Admissibility of statements in evidence

Section 226

(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 land public transport officer or road transport 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 apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

(5)

When any person is charged with any offence in relation to—

(a)

the making; or

(b)

the contents, of any statement made by him to a land public transport officer or road transport officer in the course of an investigation made under this Act, that statement may be used as evidence in the prosecution’s case.

Forfeiture of books, documents, etc., seized

Section 227

(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)

If there is no prosecution with regard to any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized under this Act, such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter shall be taken and deemed to be forfeited at the expiration of a period of one calendar month from the date of service of a notice to the last-known address of the person from whom the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter was seized indicating that there is no prosecution in respect of such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter, unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5) and (6).

(4)

Any person asserting that he is the owner of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter referred to in subsection (3) and that it is not liable to forfeiture may, personally or by his agent authorized in writing, give written notice to the land public transport officer or road transport officer in whose possession such book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter is held that he claims the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter.

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(5)

On receipt of the notice under subsection (4), the land public transport officer or road transport officer shall refer the matter to a

Magistrate for his decision.

(6)

The Magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter and the person from whom it was seized to appear before the Magistrate, and upon their appearance or default to appear, due service of the summons having been proved, the

Magistrate shall proceed to the examination of the matter and, on proof 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 such offence, the Magistrate shall order the book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter to be forfeited, and shall, in the absence of such proof, order its release.

(7)

Any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter forfeited or deemed to be forfeited shall be delivered to the Director General of Land Public Transport and shall be disposed of in such manner as the Director General of Land Public

Transport thinks fit.

Cost of holding books, documents, etc., seized

Section 228

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 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.

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Section 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.

Section 230

Additional powers

A land public transport officer or road transport 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, an intermediation business 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.

Enforcement powers of police officers, etc.

Power of police in investigation

Section 231

Every police officer making an investigation under this Act may exercise any or all of the special powers in relation to police

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investigation in seizable cases conferred on such police officer by

Chapter XIII of the Criminal Procedure Code, and the provisions of sections 112 to 114 of that Code shall apply to statements made by persons examined in the course of such investigation.

Section 232

Power of road transport officer in 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.

Land public transport officer not in uniform to produce identification card

Section 233

(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 land public transport officer, not in uniform, if such police officer, road transport officer or land public transport officer

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refuses to declare his office and produce his identification document on demand being made by such person.

Miscellaneous

Obstruction

Section 234

A person who—

(a)

refuses any police officer, road transport officer or land public transport 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 land public transport officer in effecting any entry which the police officer, road transport officer or land public transport 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 land public transport 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 Director General of Land

Public Transport under the land public transport laws and which he has in his knowledge or power to give, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Compounding of offences

Section 235

(2)

Any of the following persons, namely—

(a)

the Director General of Land Public Transport or any land public transport officer;

(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 of Road Transport 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 of Road Transport;

(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 section 67 of the Road

Transport Act 1987, specially authorized in writing by name or by office in that behalf by the Minister responsible for local government, may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence under subsection (1) by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the person making the offer to compound of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his or its written offer.

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(3)

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer or such extended time as the person making the offer to compound may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any book, accounts, documents, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, motor vehicle, instrument or matter seized in connection with the offence may be released or forfeited by the Director General of Land Public Transport or any land public transport officer subject to such terms and conditions as it or he thinks fit to impose in accordance with the conditions of the compound.

(5)

The amount paid in relation to an offence which is compounded under this section shall be paid into the Fund.

Director General of Land Public Transport to be informed of convictions and compounds

Section 236

(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 service vehicle, tourism vehicle or goods vehicle, the court shall immediately send particulars of such conviction, and of any such licence or operator’s licence, if such particulars can be ascertained, to the Director General of Land Public Transport.

(3)

Where any officer has compounded an offence pursuant to subsection 235(2), such officer shall immediately send particulars of such offence to the Director General of Land Public Transport.

Recovery of fares, freight, special charges, etc.

Section 237

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(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, terminal licensee or an intermediation business licensee by way of a civil claim before a court of civil jurisdiction.

Provisions as to evidence

Section 238

(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 Director General of Land Public Transport 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 the signature of the Director General of Land Public Transport to such certificate.

Presumptions

Section 239

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;

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(e)

that any person is not the holder of a short term licence or short term operator’s licence under Part III; or

(f)

that any person is not the holder of a licence or operator’s licence under Part II, Part III or Part IV, as the case may be.

Liability of registered owner and others in respect of relevant vehicle

Section 240

(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.

Prosecution

Section 241

(2)

Any land public transport officer or road transport officer authorized in writing by the Public Prosecutor may conduct the prosecution of any offence committed under this Act.

Magistrate to have full jurisdiction

Section 241A

Notwithstanding the provisions of any written law to the contrary, a court of a Magistrate shall have jurisdiction to try any offence under this Act and to award the full punishment for any such offence.

194 Laws of Malaysia ACT 715

Section 242

Offences by body corporate

(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 precautions and exercised due diligence to prevent the commission of the offence.

(2)

If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—

(a)

by that person’s employee in the course of his employment;

(b)

by the agent when acting on behalf of that person; or

(c)

by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.

Land Public Transport 195

Abetment and attempt punishable as offences

Section 243

(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.

Protection of informers

Section 244

(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 made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceeding without the discovery of the informer, it shall be lawful for the court to require the production of the original

196 Laws of Malaysia ACT 715

complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

Manner of service of documents

Section 245

(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;

(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; or

(d)

by forwarding the document to the person by electronic means.

(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 premises to whom the document can with reasonable diligence be delivered, by fixing the document on some conspicuous part of the premises.

(3)

Where a document is served by post in a prepaid letter, such document shall be deemed to have been served on the succeeding day on which the document would have been received, in the ordinary course of post.

(4)

Where the person to whom a document is served by post in a prepaid letter is informed of the fact that there is a prepaid letter

Land Public Transport 197

awaiting him at a post office, and such person refuses or neglects to take delivery of such prepaid letter, such document shall be deemed to have been served upon him on the date on which he was so informed.

Inaccuracies in document

Section 246

(2)

No proceedings taken under or by virtue of this Act shall be invalid for want of form.

Section 247

(Deleted by Act A1574).

Section 248

(Deleted by Act A1574).

Section 249

Register

(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.

198 Laws of Malaysia ACT 715

(3)

If a person requests that a copy be provided in an electronic form, the Director General of Land Public Transport may provide the relevant information—

(a)

on a data processing device; or

(b)

by way of electronic transmission.

Avoidance of contracts

Section 249A

Any contract for the conveyance of a passenger in a public service vehicle, tourism 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, tourism vehicle or railway or purports to impose any condition with respect to the enforcement of any such liability, be void.

Minister may authorize any person to carry out functions of

Section 249B

Director General of Land Public Transport

Notwithstanding anything in this Act, the Minister may by regulations authorize any person, on such conditions as he deems fit, to carry out any functions of the Director General of Land Public

Transport under this Act in respect of the licensing of terminals, the licensing of operators of public service vehicle services, the licensing of tourism vehicles, the licensing of operators of goods vehicles services, the licensing of operators of railway services and opening of railway, the collecting of payments or charges under this Act.

Section 250

Directions by Director General of Land Public Transport

(2)

Prior to making a direction under subsection (1), the Director

General of Land Public Transport 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

Director General of Land Public Transport shall take into consideration any reasons provided by the person before making a decision in relation to the relevant conduct or activity of the person.

(5)

After due consideration of any reasons provided by the person, the Director General of Land Public Transport may issue a direction pursuant to subsection (1) requiring the person to take a specified action directed towards ensuring that the person does not contravene or does not continue to contravene any of the conditions of the licence or operator’s licence or any of the provisions of this Act.

(6)

The Director General of Land Public Transport shall give the person a written notice of his direction as soon as practicable, and the direction issued by the Director General of Land Public Transport shall be complied with.

(7)

A direction made by the Director General of Land Public

Transport under this Chapter shall be registered as soon as practicable.

(8)

The direction shall be effective from the date of registration or such later date as the Director General of Land Public Transport may specify in the direction.

(9)

The direction shall expire on such date as the Director General of Land Public Transport may specify in the written notice or if no date is specified, the direction shall be in force until the direction is revoked.

200 Laws of Malaysia ACT 715

(10)

The Director General of Land Public Transport may vary or revoke a direction and the procedures set out in subsections (2), (3),

(4)

, (5), (6), (7), (8) and (9) shall apply mutatis mutandis in respect of any variation or revocation of a direction.

(11)

A person who fails to comply with a direction of the Director

General of Land Public Transport under this section commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(12)

The Director General of Land Public Transport shall maintain a register of all directions issued by the Director General of Land

Public Transport, including any variation or revocation of a direction in accordance with section 249.

General exemption

Section 251

(2)

The Minister may at any time, on the recommendation of the

Director General of Land Public Transport, by order published in the

Gazette, revoke any order made under subsection (1).

Power of Minister to make regulations

Section 252

(a)

to provide for all matters relating to the issuance of licences, operator’s licences and approvals under this Act and the

Land Public Transport 201

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 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 and determination of questions in connection with the issuance, variation, revocation and suspension of approvals and conditions attached to the same;

(iv)

forms of licences, operator’s licences and approvals;

(v)

fees imposed in connection with any matter described above and the manner of payment thereof;

(vi)

any matter relating to the circumstances in which licences, operator’s licences and approvals may be revoked or suspended under this Act;

(b)

to provide for all matters relating to exemptions, partial or otherwise, with or without conditions, of any persons or classes of persons, or relevant vehicles or railways or classes of relevant vehicles or railways, or the usage of relevant vehicles or railways or classes thereof, from complying with any or all of the requirements of this Act, including the procedure on applications of the same, standard information, and fees imposed in connection with and the manner of payment of the same;

(c)

(Deleted by Act A1574);

202 Laws of Malaysia ACT 715

(d)

to provide for the form of orders to be made under this Act by the Minister;

(e)

to provide for the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences;

(f)

to provide for the procedures and the manner in which applications for exemption or reductions of fares or freight may be made;

(g)

to provide for the issuance of vocational licences to drivers of relevant vehicles and railway trains, and conductors of public service vehicles, the criteria or tests to be met or applied in relation to the issuance of such licences, the procedure of application for such licences, including standard information required, the forms of such licences, the conditions to be attached thereto, the fees to be charged and the manner of payment of such fees;

(h)

to provide for the imposition, demand, collection and retention of area congestion pricing charges and proceeds thereof, and all other matters connected with the same;

(i)

to regulate terminals by way of licensing of operators or owners of such terminals;

(j)

to provide for the construction of railways and crossings or manner of approach to any road or thoroughfare by a railway train;

(k)

(Deleted by Act A1685);

(l)

(Deleted by Act A1685);

(m)

to declare what shall be deemed to be infectious or contagious diseases and to regulate the conditions under which railway companies may carry persons or animals suffering from such infectious or contagious diseases, and

Land Public Transport 203

to provide for the disinfection of railway coaches which have been used by such persons or animals;

(n)

(Deleted by Act A1574);

(o)

to provide for the conduct, functions and powers of the land public transport officers under this Act and the identification cards and uniforms to be worn by them;

(p)

(Deleted by Act A1574);

(q)

(Deleted by Act A1574);

(r)

to regulate the integration and co-ordination of land public transport and land public transport services provided by licensees, licensed operators, terminal licensees and intermediation business licensees, and all matters related thereto;

(s)

to provide and prescribe for any fees payable in connection with the provision of any service or matter under this Act;

(t)

to provide for any other matter for which this Act makes express provision to be prescribed;

(ta) to provide for the safe carriage of passengers, their luggage and goods by land public transport;

(tb) to provide for the safe use and maintenance of—

(i)

terminals; and

(ii)

railways including railway systems and railway premises;

(tc) to regulate the opening and closure of railway stations and railway routes;

(td) to regulate prescribed related activities undertaken in connection with the provision of any railway services;

204 Laws of Malaysia ACT 715

(te) to provide for the obligation of licensees and licensed operators in respect of the disruption of land public transport services;

(tf) to provide for the prevention of trespass of, nuisance or obstruction upon, or damage or injury in relation to, a railway;

(tg) to provide for the preservation and promotion of good order, sanitation and cleanliness on relevant vehicles and railways;

(th) to provide for the minimum standards and specifications in respect of the design, construction and maintenance of the gates or barriers of an occupation crossing and to regulate the use of such crossing;

(ti) to provide for the custody of licences and operator’s licences, the production, return and surrender of licences and operator’s licences on the expiration, revocation or suspension of the licences and operator’s licences, or variation of the conditions of the licences and operator’s licences and the custody, production, return and obliteration of documents;

(tj) to provide for the form of register and other records to be kept and maintained by the Director General of Land Public

Transport, the opening, maintenance, closure, inspection, supply of copies of, and taking of extracts from, the register and other records;

(tk) to provide for the form of notifications, notices and orders to be made under this Act;

(tl) to provide for the records to be kept by licensees, licensed operators, terminal licensee, intermediation business licensee and drivers of relevant vehicles and railway, the returns to be made and the manner of record-keeping;

Land Public Transport 205

(tm) to provide for all matters relating to the provision of information and additional information, and exemptions from providing information by the licensee, licensed operator, terminal licensee and intermediation business licensee, other than information mentioned in paragraphs 252(1)(b) and (f) and subparagraphs 252(1) (a)(ii) and (iii), and the level of detail, interval, manner and form in which such information is to be provided for purposes of this Act;

(tn) to provide for the establishment, administration and regulations of accreditation-based compliance schemes in relation to the licensees, licensed operators, terminal licensee and intermediation business licensee or drivers of relevant vehicles or railways and all other related matters, including the certification of accreditors of such schemes and provisions relating to the enforcement of such schemes;

(to) to regulate the duties, conduct and conditions of service including hours of duty of drivers, conductors and persons attending to relevant vehicles or railways;

(tp) to regulate the number of persons to be employed as drivers, conductors and persons attending to relevant vehicles or railways;

(tq) to provide for the forms and procedures relating to applications for vocational licences by drivers of relevant vehicles and railway trains, and conductors of public service vehicles, the minimum qualifications to be possessed by the persons, to regulate their conduct, duties and powers, and any matter relating to their terms of service and requirement for continuous training;

(tr) to regulate the number of persons to be carried on a public service vehicle, tourism vehicle or railway;

(ts) to regulate the carriage of passengers on goods vehicles;

206 Laws of Malaysia ACT 715

(tt) to provide for the equipment, including fire extinguishers, first aid kits or safety cones to be carried by or affixed to a relevant vehicle or railway;

(tu) to provide for the types of taximeters that may be authorized, limitations on their use, and the control of testing, repair and maintenance of taximeters;

(tv) to provide for the conduct of persons employed on or in connection with public service vehicles, tourism vehicles or railways, and the means of identification and uniform to be worn by them;

(tw) to provide for the conduct of passengers boarding, travelling in or alighting from a public service vehicle, tourism vehicle or railway and the conduct of intending passengers waiting to board a public service vehicle (except a hire and drive car), tourism vehicle or railway;

(tx) to require—

(i)

any person infringing the regulations made under paragraph 251(1)(tw) to be removed from a public service vehicle, tourism vehicle or railway; and

(ii)

a passenger who is reasonably suspected by the driver or conductor of the public service vehicle, tourism vehicle or railway of contravening regulations made under paragraph 251(1)(tw) to give his name and address to a police officer, or driver, conductor or officer authorized by the licensee or licensed operator, or land public transport officer, where relevant, on demand;

(ty) to regulate the manner of payment and collection of fares and freight for land public transport services and, subject to paragraph 252(1)(r), ticketing systems;

(tz) to require a passenger on a public service vehicle (except a hire and drive car) or railway, if so requested by the driver

Land Public Transport 207

or conductor of the public service vehicle (except a hire and drive car) or railway or an officer authorized by the licensee or licensed operator, to leave the vehicle on the completion of the journey for which he has paid the fare;

(taa)

to provide for the safe custody or disposal of any property accidentally left in a public service vehicle, tourism vehicle or railway and the recovery of costs incurred in respect of the safe custody or disposal of the property;

(tab)

to require road safety seat-belts to be fitted to such class or description of public service vehicles or tourism vehicles as may be specified, to stipulate the minimum standards of quality of material and construction with respect to such safety seat-belts and the position in which such safety seat-belts to be fixed, to require the use of such safety seat-belts in such vehicles, and to control the sale or supply of safety seat-belts that do not conform to the minimum standards of quality of material and construction;

(tac)

to stipulate the size, shape and character of any sign, particulars, words, letters, colours, plates or marks to be displayed on any relevant vehicle or class of the relevant vehicle, the manner in which the sign, particulars, words, letters, colours, plates or marks are to be fixed, displayed, illuminated and rendered easily distinguishable, whether by night or day, and to provide for distinctive signs, particulars, words, letters, colours, plates or marks to be carried by or placed on relevant vehicles licensed for a particular purpose or to identify them as relevant vehicles under this Act;

(tad)

to prohibit, in connection with the use of relevant vehicles and railways, the use of any appliances, accessories or machines, or the commission of any acts, which are likely to cause annoyance or danger;

(tae)

to regulate the lights and reflectors to be fixed or on any relevant vehicle or any class or description of the relevant vehicle, whether in respect of the nature of such lights, the

208 Laws of Malaysia ACT 715

positions in which and the colour of the background on which the lights and reflectors shall be fixed, and the periods during which the lights and reflectors shall be lighted, or otherwise;

(taf)

to prescribe the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried on roads by relevant vehicles;

(tag)

to prescribe the manner in which relevant vehicles used on roads shall be loaded and the precautions to be taken for ensuring the safety of the public;

(tah)

to prescribe the conditions subject to which, and the times at which, goods may be loaded onto or unloaded from relevant vehicles or any particular class or description of relevant vehicles on roads, except in relation to any relevant vehicles registered in any foreign country which is subject to the provisions of any international agreement entered into by the Government;

(tai)

to prohibit or prescribe the conditions subject to which relevant vehicles or any particular class or description of relevant vehicles may remain stationary or be left unattended on any road, any particular class of roads or any particular road;

(taj)

to restrict and regulate the use of vehicles on roads which engage in erecting, placing, removing, altering or repairing of lamps, overhead cables and road or street works;

(tak)

to provide for the accounts and records to be kept by licensees, licensed operators, terminal licensees and intermediation business licensees, and records in respect of terminals or use of relevant vehicles, as the case may be, under this Act;

(tal)

to provide for the period where written recommendations by the Director General of Land Public Transport to the

Land Public Transport 209

Minister may be submitted for a grant of approval of a railway scheme or a licence to operate a railway;

(tam)

to provide for the deposit of plans, sections on a scale and a book of reference for the purposes of approval of a railway scheme;

(tan)

to provide for the construction, opening and closing and conditions of use of private crossings;

(tao)

to provide for the manner and frequency of inspection of a railway after the railway has been opened;

(tap)

to provide for the form and content of any arrangement or agreement between the licensed operators of a public service vehicle service and the driver of a public service vehicle;

(taq)

to authorize any person to carry out the functions of the

Director General of Land Public Transport;

(u)

to provide for all other matters as may be necessary or expedient for giving effect to this Act.

(2)

In exercising his powers under subsection (1), the Minister may make different regulations for different classes, description or use of relevant vehicles or railways within a particular mode of land public transport.

Section 253

(Deleted by Act A1574).

Section 254

Penalties for subsidiary legislation

The regulations made under section 252 or any other subsidiary legislation made under this Act may provide for any act or omission in contravention of the regulations or other subsidiary legislation to be an offence and may provide for penalties of a fine not exceeding five

210 Laws of Malaysia ACT 715

hundred thousand ringgit or a term of imprisonment not exceeding five years or to both.

Section 255

Power of Minister to amend Schedules

The Minister may by order published in the Gazette, vary, delete, add to, substitute for, or otherwise amend the Schedules to this Act.

Section 256

(Deleted by Act A1574).

Section 257

(Deleted by Act A1574).

Section 258

(Deleted by Act A1574).

FIRST SCHEDULE

[Section 2]

CLASSES OF PUBLIC SERVICE VEHICLES

Interpretation

Section 1

In this Schedule—

“bus” means a motor vehicle having a seating capacity of not less than eight persons (including the driver);

“stage bus” means a bus plying along a route approved by the Director General of

Land Public Transport for the carriage of passengers on a service which contains fare stages, with a separate fare, timetable and schedule of fares for each fare stage;

“charter bus” means a bus which is hired as a whole for a single journey for which payment is made to the owner by the person hiring the bus;

“express bus” means a bus plying along the route approved by the Director General of Land Public Transport, with a timetable and fare table, for the carriage of

Land Public Transport 211

passengers at separate fares on a service which contains no fare stages of less than thirty-two kilometres;

“mini bus” means a bus having a seating capacity of not more than twenty-six persons (including the driver) used for the carriage of passengers at separate fares;

“employees bus” means a bus used for the conveyance of workers in any industry to and from their work place and otherwise;

“feeder bus” means a bus which has no fare stages used for the carriage of passengers on a round trip at separate fares from a fixed base for a distance within a radius of not more than seven kilometres;

“school bus” means a bus used exclusively for the conveyance of pupils or staff of schools or other educational institutions;

“taxi cab” means a motor vehicle having a seating capacity of not more than six persons (including the driver) used for carrying persons on any journey in consideration of a single fare;

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

“limousine taxi cab” means a motor vehicle having a seating capacity of not more than seven persons (including the driver) and operating from a fixed base or in an authorized area in consideration of a single payment;

“hire car” means a motor vehicle having a seating capacity of not more than six persons or, in areas approved by the Director General of Land Public Transport, twelve persons (in all cases including the driver) used for carrying persons on one journey in consideration of separate payments made by them;

“hire and drive car” means a motor vehicle let on hire for the purpose of being driven by the hirer or his nominee;

“e-hailing vehicle” means a motor vehicle having a seating capacity of four persons and not more than eleven persons (including the driver) used for the carriage of persons on any journey in consideration of a single or separate fares for each of them, in which the arrangement, booking or transaction, and the fare for such journey are facilitated through an electronic mobile application provided by an intermediation business.

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Section 2

Classes of public service vehicles

For the purposes of this Act, public service vehicles shall be categorised into the following classes:

(a)

stage buses;

(b)

charter buses;

(c)

express buses;

(d)

mini buses;

(e)

employees buses;

(f)

feeder buses;

(g)

school buses;

(h)

airport buses;

(i)

hire cars;

(j)

hire and drive cars;

(k)

taxi cabs;

(l)

airport taxi cabs;

(m)

limousine taxi cabs; and

(n)

e-hailing vehicle.

SECOND SCHEDULE

[Section 2]

CLASSES OF TOURISM VEHICLES

Interpretation

Section 1

In this Schedule—

Land Public Transport 213

“excursion bus” means a bus used exclusively for the conveyance of tourists and in consideration of payment which has no fare stages;

“hire and drive car for tourists” means a motor vehicle let on hire for the purpose of being driven by the hirer or his nominee whether a tourist or not, and used exclusively for the conveyance of a tourist or tourists.

Section 2

Classes of tourism vehicles

For the purposes of this Act, tourism vehicles shall be categorised into the following classes:

(a)

excursion buses; and

(b)

hire and drive cars for tourists.

THIRD SCHEDULE

[Section 2]

LAND PUBLIC TRANSPORT SERVICE UNDER

AN INTERMEDIATION BUSINESS

Section 1

Public service vehicle service.

Section 2

Goods vehicle service.

214

Act 715

LIST OF AMENDMENTS

Amending law

Short title

In force from

Land Public Transport (Amendment)

Act 2017

12-07-2018

Land Public Transport (Amendment)

Act 2018

01-01-2019

P.U. (A)

437/2021

Temporary Measures for Reducing the

Impact Of Coronavirus Disease 2019

(COVID-19) (Extension of Operation)

(No. 3) Order 2021

01-01-2022

until 22-10-2022

Act A1685

Land Public Transport (Amendment)

Act 2023

15-10-2023

P.U. (A)

177/2025

Land Public Transport (Amendment of

Third Schedule) Order 2025

01-07-2025

215

Act 715

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act A1685 12-07-2018 01-01-2019 15-10-2023

01-01-2019

6

Act A1685 01-01-2019 15-10-2023

7-12

Chapter 2A

12A-12E

12F

12G

13-15

17-20

21

P.U. (A) 437/2021 01-01-2022 until 22-10-2022

22-27

216 Laws of Malaysia ACT 715

Section

Amending authority

In force from 29-32

33

34

36-45

48-49

51

52-55

56

P.U. (A) 437/2021 01-01-2022 until 22-10-2022

57-62

64-67

69-78

79

80-86

89-90

92-99

101-109

111-113

115

117-118

120

128

Land Public Transport 217

Section

Amending authority

In force from 137-138

142

144

Part VA

144A

Act A1685

Act A1685 15-10-2023 15-10-2023

145-146

149-152

154-165

172-176

177-193

194

195

196

218 Laws of Malaysia ACT 715

Section

Amending authority

In force from 197

199

200

204-205

207-209

210

211-214

215A

216

217-220

222-228

230

233-236

237

238

241

241A

245

247

Land Public Transport 219

Section

Amending authority

In force from 248-249

249A

249B

250

251

252

Act A1685 12-07-2018 01-01-2019 15-10-2023

253

254

255

256

257-258

First Schedule

Third Schedule

P.U. (A) 177/2025 12-07-2018 01-07-2025

Amending instrument	Year
LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2017	2017
LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2018	2018
AKTA PENGANGKUTAN AWAM DARAT (PINDAAN) 2023	2023

*LAND PUBLIC TRANSPORT ACT 2010

About this act

PART I

(2)

(3)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(c)

(d)

(A)

(B)

(C)

(a)

(b)

Part III;

(a)

(b)

(a)

(b)

Part III; or

(c)

(a)

(b)

(c)

(d)

(a)

(b)

(a)

(b)

(a)

(b)

(a)

(b)

(c)

PART II

Chapter 1–(Deleted by Act A1574)

3–5. (Deleted by Act A1574).

Chapter 2

Licensing of terminals

(2)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(c)

(d)

(e)

(f)

(6)

(7)

(8)

(9)

(2)

(3)

(4)

(a)

(b)

(c)

(a)

(b)

(c)

(A)

(B)

(C)

(2)

(a)

(b)

(2)

(3)