/akn/my/act/amendment_act/2017/A1552
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LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2017 is Malaysia Amendment Act, cited as Amendment Act A1552 2017, currently marked in force and first recorded in 2017.
Opening note
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 for the coming into operation of different provisions of this Act.
Amendment of section 2
The Land Public Transport Act 2010 [Act 715], which is referred to as the “principal Act” in this Act, is amended in section 2—
in the definition of “customer”, by substituting for the words “and includes the hirer of a goods vehicle service”
the words “hirer of a goods vehicle service or customer of an intermediation business”;
LAND PUBLIC TRANSPORT (AMENDMENT)
ACT 2017
by inserting after the definition of “licensee” the following definition:
‘ “intermediation business licensee” means the holder of a licence issued under Chapter 2a of Part II;’;
by substituting for the definition of “goods vehicle service”
the following definition:
‘ “goods vehicle service” means—
the carriage of goods for any third party by means of a goods vehicle for hire or reward;
or
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;’;
by inserting after the definition of “tourism vehicle business” the following definition:
‘ “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;’;
in the definition of “railway company”, by deleting the words “whether incorporated or not,”; and
by substituting for the definition of “terminals” the following definition:
‘ “terminal” means—
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;
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a container depot for storage of containers used for import or export;’.
New Chapter 2a of Part II
The principal Act is amended by inserting after Chapter 2 of
Part II the following chapter:
“Chapter 2a
Licensing of intermediation business
Licensing of intermediation business 12a. (1) Subject to sections 194 and 195, no person shall operate or provide an intermediation business unless he holds a licence issued under this section.
An application for a licence under this section shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Commission.
The applicant shall provide to the Commission complete information of his financial standing to prove his ability to maintain and operate the intermediation business.
Subject to this Act, the Commission may, on an application for a licence under this section—
grant the application in full or in part or with such modifications as the Commission thinks fit, and, upon payment of the prescribed fee, issue a licence to the applicant; or
Every licence issued under this section shall set out the duration of the licence and the Commission may attach to the licence conditions that include—
the type and extent of intermediation business to be operated or provided by the intermediation business licensee;
the general level of service to be provided to persons using services provided by the intermediation business;
the measures to safeguard the safety and security of persons using services provided by the intermediation business; and
the standards of performance to be complied with by the intermediation business licensee in the operation of the intermediation business.
The Commission may, at any time, add, cancel or vary any of the conditions attached to a licence issued under this section.
The issuance of a licence by the Commission under subsection (4) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the intermediation business licensee.
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.
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.
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Renewal of licence 12b. (1) Subject to subsections (2) and (3), the Commission may, on an application by the intermediation business licensee, renew the licence on such conditions as the Commission thinks fit or refuse the application.
An application for the renewal of a licence under subsection (1) shall be made at least ninety days before the date of expiry of the licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Commission.
If the applicant fails to comply with subsection (2) and offers no reason which the Commission thinks reasonable, the
Commission may refuse to proceed with, hear or determine such application.
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 Commission.
Application for variation 12c. On an application by an intermediation business licensee for a variation of the licence or the conditions of the licence, the Commission shall have full power in its discretion—
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 12d. (1) The Commission may, by written notice to the intermediation business licensee and without any compensation, revoke or suspend any licence issued under section 12a—
if any of the provisions of this Act or any of the conditions of the licence has not been complied with;
if the issuance of the licence was induced by a false representation of fact by or on behalf of the intermediation business licensee; or
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 Commission—
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;
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
in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b) or
, 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.
Where a licence—
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 Commission; or
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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 12e. (1) Subject to subsection (3), a licence issued under section 12a shall be personal to the intermediation business licensee thereof, and shall not be transferred or assigned.
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.
Notwithstanding paragraph 12d(1)(c), the Commission 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
Commission 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.
Quoted provision
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 Commission 12g. (1) It shall be the duty of every intermediation business licensee, at all times, to inform the Commission immediately of the following matters:
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;
any reprimands or fines imposed on the intermediation business licensee by any Government Entity; and
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.
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.”.
Amendment of section 21
Section 21 of the principal Act is amended—
in the shoulder note, by inserting after the words “public service vehicle” the words “or tourism vehicle”; and
by inserting after the words “use a public service vehicle”
the words “or tourism vehicle”.
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Amendment of section 34
Section 34 of the principal Act is amended—
by substituting for the words “express buses, mini buses and stage buses” the words “any classes of public service vehicle”.
Amendment of section 51
Section 51 of the principal Act is amended—
in subsection (6), by substituting for the words “A person,”
the words “Subject to subsection (5), a person,”; and
in subsection (7), by substituting for the words “A company”
the words “Subject to subsection (5), a company”.
Amendment of section 79
Subsection 79(2) of the principal Act is amended by inserting after the word “licensee” the words “, terminal licensee, intermediation business licensee”.
Amendment of section 144
by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”; and
by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”.
Amendment of section 166
Section 166 of the principal Act is amended by substituting for the words “and terminal licensee” the words “, terminal licensee and an intermediation business licensee”.
Amendment of section 167
Paragraph 167(1)(b) of the principal Act is amended by substituting for the words “or terminal licensee” the words
“, terminal licensee or an intermediation business licensee”.
Amendment of section 169
Paragraph 169(1)(d) of the principal Act is amended by substituting for the words “and terminal licensees” the words
“, terminal licensees and intermediation business licensees”.
Amendment of section 171
in subsection (1), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”; and
in subsection (4), by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”.
Amendment of section 194
Section 194 of the principal Act is amended—
in subsection (2), by substituting for the words “Chapter 2”
the words “Chapters 2 and 2a”; and
Land Public Transport (Amendment)
by substituting for the words “or terminal licensee”
wherever appearing the words “, terminal licensee or intermediation business licensee”.
Amendment of section 195
Section 195 of the principal Act is amended—
in the shoulder note, by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”;
in the national language text, by substituting for the words
“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;
in paragraphs (a) and (b), by substituting for the words “or terminal licensee” wherever appearing the words “, terminal licensee or an intermediation business licensee”;
in paragraph (d), by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”; and
by substituting for the words “or terminal licensee’s”
wherever appearing the words “, terminal licensee’s or intermediation business licensee’s”; and
in subsection (4), by substituting for the words “Chapter 2”
the words “Chapters 2 and 2a”.
Amendment of section 196
Section 196 of the principal Act is amended—
in the national language text, in subsections (2) and (4), by substituting for the words “atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;
and
in subsections (2) and (4), by substituting for the words “the licensee, licensed operator or terminal licensee” the words “the licensee, licensed operator, terminal licensee or intermediation business licensee”; and
in subsection (4), by substituting for the words
“a licensee, licensed operator or terminal licensee”
the words “a licensee, licensed operator, terminal licensee or an intermediation business licensee”.
Amendment of section 197
Section 197 of the principal Act is amended—
in the national language text, by substituting for the words
“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”; and
by substituting for the words “a licensee, licensed operator or terminal licensee” wherever appearing the words “a licensee, licensed operator, terminal licensee or an intermediation business licensee”;
and
by substituting for the words “licensee, licensed operator or terminal licensee” wherever appearing the words “licensee, licensed operator, terminal licensee or intermediation business licensee”.
Amendment of section 199
Section 199 of the principal Act is amended by inserting after the words “one thousand ringgit” the words “or to imprisonment for a term not exceeding three months or to both”.
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Amendment of section 200
by substituting for paragraph (b) the following paragraph:
“(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 official, from providing land public transport service or in the execution of the duties of such employees,”;
by inserting after the words “the licensee” wherever appearing the words “, terminal licensee, intermediation business licensee”; and
by inserting after the words “licensed operator from such”
the words “terminal,”.
Amendment of section 210
Section 210 of the principal Act is amended—
in the national language text, by substituting for the words
“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;
by substituting for the words “A licensee, licensed operator or terminal licensee” wherever appearing the words “A licensee, licensed operator, terminal licensee or an intermediation business licensee”;
and
in subsection (1), by substituting for the words “the licensee, licensed operator or terminal licensee”
the words “the licensee, licensed operator, terminal licensee or intermediation business licensee”; and
in subsection (2), by inserting after the words “two hundred thousand ringgit” the words “or to imprisonment for a term not exceeding two years or to both”.
Amendment of section 216
Subsection 216(1) of the principal Act is amended by deleting the words “of a licensee, licensed operator or terminal licensee”.
Amendment of section 230
Paragraph 230(a) of the principal Act is amended by inserting after the words “terminal licensee” the words “, an intermediation business licensee”.
Amendment of section 237
in the national language text, by substituting for the words
“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”; and
by substituting for the words “a licensee, licensed operator or terminal licensee”
the words “a licensee, licensed operator, terminal licensee or an intermediation business licensee”; and
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by substituting for the words “the licensee, licensed operator or terminal licensee” the words “the licensee, licensed operator, terminal licensee or intermediation business licensee”; and
in subsection (2), by substituting for the words
“or terminal licensee” the words “, terminal licensee or an intermediation business licensee”.
New section 241a
The principal Act is amended by inserting after section 241
the following section:
“Magistrate to have full jurisdiction 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.”.
Amendment of section 245
in paragraph (1)(c), by substituting for the full stop at the end of the paragraph the words “; or”;
by inserting after paragraph (1)(c) the following paragraph:
“(d) by forwarding the document to the person by electronic means.”; and
by inserting after subsection (2) the following subsections:
“(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.
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 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.”.
Amendment of section 251
Subsection 251(1) of the principal Act is amended by substituting for the words “or terminal licensee” the words
“, terminal licensee or an intermediation business licensee”.
Amendment of section 252
in paragraph (g), by substituting for the words “railway trains” the words “relevant vehicles and railway trains, and conductors of public service vehicles”; and
in paragraph (r), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”.
Amendment of section 253
Subsection 253(1) of the principal Act is amended—
in paragraph (m), by inserting after the words “licensed operators” the words “, terminal licensees, intermediation business licensees”;
in paragraph (n), by substituting for the words “and terminal licensee” the words “, terminal licensee and intermediation business licensee”;
in paragraph (o), by inserting after the words “licensed operators” the words “, terminal licensees, intermediation business licensees”;
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in paragraph (r), by substituting for the words “railway trains” the words “relevant vehicles and railway trains, and conductors of public service vehicles”;
in paragraph (mm), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”;
in paragraph (rr), by substituting for the full stop at the end of the paragraph the words “; and”; and
by inserting after paragraph (rr) the following paragraph:
“(ss) 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.”.
Amendment of section 255
Section 255 of the principal Act is amended by substituting for the words “First Schedule and Second Schedule” the words
“Schedules to this Act”.
Amendment of section 256
Section 256 of the principal Act is amended by inserting after the words “terminal licensees” the words “, intermediation business licensees”.
Amendment of First Schedule
The First Schedule to the principal Act is amended—
in the definition of “hire and drive car”, by substituting for the full stop at the end of the paragraph a semicolon; and
by inserting after the definition of “hire and drive car” the following definition:
‘ “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.’; and
in paragraph (l), by deleting the word “and” at the end of the paragraph;
in paragraph (m), by substituting for the full stop at the end of the paragraph the words “; and”;
and
by inserting after paragraph (m) the following paragraph:
“(n) e-hailing vehicle.”.
New Third Schedule
The principal Act is amended by inserting after the Second
Schedule the following schedule:
“Third Schedule
[Section 2]
LAND PUBLIC TRANSPORT SERVICE UNDER
Quoted provision
Public service vehicle service.”.
Saving and transitional
AN INTERMEDIATION BUSINESS
Any application for a licence pending on the date of the coming into operation of this Act shall be dealt with under the principal Act as amended by this Act.
Any action, investigation or proceedings commenced or pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this
Act, be continued as if the principal Act had not been amended by this Act.
Any such obligation, liability, penalty, or punishment accrued or incurred under the principal Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.