COMMERCIAL VEHICLES LICENSING BOARD ACT 1987

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COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 - Act 334

ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, application and commencement
1a. Application
2. Interpretation
PART II
COMMERCIAL VEHICLES LICENSING BOARDS
3. Establishment of commercial vehicles licensing boards
4. Membership of the Commercial Vehicles Licensing Board Peninsular Malaysia
5. Membership of the Commercial Vehicles Licensing Board Sabah
6. Membership of the Commercial Vehicles Licensing Board Sarawak
7. Temporary exercise of functions of Chairman
8. Committees
8a. Appointment of Board Officer
9. Provisions relating to members of the Board and committee
10. Procedure of the Board and Minister’s general directives
11. Delegation by the Board
12. Annual reports
13. Information to be given to the Board

PART III
CLASSIFICATION AND LICENSING OF COMMERCIAL VEHICLES
14. Classes and categories of commercial vehicles
PART IV
GENERAL PROVISIONS AS TO LICENCES
15. Application for licence
16. Powers of the Board
17. Duration of licences
18. Short term licences
19. Conditions which may be attached to licence
20. Statutory conditions of licence
20a. Application for approval to participate in business or agreement
21. Application for renewal of licence
21a. Documents required for renewal of licence
22. Application for variation
23. Temporary change of use of a public service vehicle
24. Temporary use of ‘C’ vehicle as ‘A’ vehicle
25. Power to revoke or suspend licence
25a. Prohibition in relation to suspended licence
25b. Power of the Board to replace licence
26. Protection of public interest
PART V
APPEALS
27. Appeal to the Minister
28. Minister’s power to appoint appeal committee
29. Order on appeal to be binding
30. Instances where there is no right of appeal
31. Validity of licence extended in successful appeal
32. Prohibition of similar application when earlier application still pending appeal
PART VI
OFFENCES AND PENALTIES
33. Prohibition of use of unlicensed public service vehicle
34. Prohibition of use of unlicensed goods vehicle
35. Use of goods vehicle for carriage of passengers to be licensed
36. Other transport interests to be disclosed by applicant
37. Information requested by the Board from licence holder
38. Alteration of authorized vehicle
39. Transfer of licence prohibited
40. Records and returns
41. Abetment of offences
42. False statements
43. Liability of registered owner and others
44. Powers of the police in investigation
44a. Powers of road transport officers in investigation
44b. Power of Board Officer to investigate, etc.
44c. Power to seize document, etc.
45. Who may prosecute
45a. Power to order appearance in court
46. Provisions as to evidence
47. Presumptions
48. Service and signature of notification or document
48a. General offences and penalties
49. Power to compound
50. Officers not in uniform to produce identification cards
PART VII
MISCELLANEOUS
51. Seizure
51a. Detention of vehicles
51b. Determination of vehicle’s weight
52. Reservation of licences
53. Limitation on number of specified classes of vehicles
54. Classification and numbering of bus routes
55. Avoidance of contracts
56. Rules
57. Repeal, transitional and saving
58. Power of Minister to make additional provisions, etc.

An Act to provide for the licensing and regulating of commercial vehicles and for matters
connected therewith.

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and
consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority
of the same, as follows:
PART I
PRELIMINARY
1. Short title, application and commencement
(1) This Act may be cited as the Commercial Vehicles Licensing Board Act 1987 and shall
apply throughout Malaysia.
(2) This Act shall come into force on such date as the Minister may, by notification in the
Gazette, appoint.
1a. Application
This Act shall not apply to any commercial vehicles which are subject to any law relating to
tourism or tourism industry.
2. Interpretation
In this Act, unless the context otherwise requires—
“airport taxi cab” means a motor vehicle having a seating capacity of not more than seven
persons used exclusively for the carriage of persons to and from the airport in consideration of a
payment and operated from a fixed base or in an authorized area;
“authorized vehicle”, in relation to any licence issued under this Act, means a vehicle
specified in such licence and authorized to be used thereunder;
“bankruptcy” includes insolvency as a result of which a wage earner’s administration order
has been made under the laws relating to bankruptcy;
“base”, —
(a) in relation to an application for a licence, means the address, premises or place
specified in the application as the permanent base or centre from which it is
intended that the motor vehicle, the subject of such application, will be normally
used; and
(b) in relation to a licence, means the address, premises or place specified in the
licence as the permanent base or centre from which the authorized vehicle shall
be used or operated when so used or operated for the purposes authorized by such
licence;
“Board” means the Commercial Vehicles Licensing Board Peninsular Malaysia, the
Commercial Vehicles Licensing Board Sabah or the Commercial Vehicles Licensing Board
Sarawak, as the case may be;
“Board Officer” means an officer appointed under section 8a;
“Board Secretary” means the Secretary to the Commercial Vehicles Licensing Board
appointed under section 4,5 or 6, as the case may be;
“bus” means a public service vehicle having a seating capacity of not less than eight persons
(including the driver);
“carriage of goods” includes the haulage of goods;
“Chairman” means the Chairman of the Board;
“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;
“Chief Police Officer” includes any police officer not below the rank of Inspector authorized
in writing by a Chief Police Officer to exercise the powers vested by this Act in a Chief Police
Officer;
“commercial vehicles” includes public service vehicles and goods vehicles;
“company” includes any company as defined in the Companies Act 1965 [Act 125], any
company formed under any law, any corporation incorporated by law, and any firm or
partnership;
“conductor” means a person licensed under the Road Transport Act 1987 [Act 333] to act as a
conductor of a public service vehicle;
“Deputy Chairman” means the Deputy Chairman of the Board appointed under section 4,5 or
6, as the case may be;
“Director General” means the Director General for Road Transport appointed under section 3
of the Road Transport Act 1987 and includes a Deputy Director General, a Director or a Deputy
Director;
“driver” means the person for the time being driving a motor vehicle;
“employees bus” means a bus used for the conveyance of workers in any industry to and from
their work place and otherwise;
“express bus” means a bus plying along the route approved by the Board, with a time-table
and fare table, for the carriage of passengers at separate fares on a service which contains no fare
stages of less than thirty-two kilometres;
“fare stage”, in relation to a route authorized in a public service vehicle licence, means any
division of such route for the purpose of arranging a schedule of fares;
“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;
“goods” means any thing, including livestock, carried on or in a motor vehicle for the purpose
of any trade or business but does not include—
(a) equipment ordinarily used with the vehicle;
(b) articles of merchandise carried by a person on or in the vehicle solely for the
purpose of exhibition as samples;
(c) articles carried by a person on or in the vehicle for use in the exercise of his trade,
business or profession and not for sale;
“goods vehicle” means—
(a) any motor vehicle constructed or adapted for use for the carriage of goods; or
(b) any motor vehicle not so constructed or adapted when used for the carriage of
goods solely or in addition to passengers,but does not include a private motor car
drawing a trailer for purposes unconnected with trade or business;
“Government” means the Federal Government or any State Government;
“hire and drive car” means a motor vehicle let on hire for the purpose of being driven by the
hirer or his nominee;
“hire car” means a motor vehicle having a seating capacity of not more than six persons or, in
areas approved by the Board, twelve persons (in all cases including the driver) used for carrying persons on one journey in consideration of separate payments made by them;
“licence” means a licence issued under this Act and includes a short term licence issued under
section 18;
“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;
“local authority” shall have the same meaning as that assigned to it under the Local
Government Act 1976 [Act 171];
“Malay” shall have the same meaning as assigned to it in Article 160 of the Federal
Constitution;
“maximum permissible laden weight” means such weight as the Director General may specify
as a suitable laden weight for an authorized vehicle;
“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;
“Minister” means the Minister charged with the responsibility for matters relating to the
licensing of commercial vehicles;
“motor vehicle” means a vehicle of any description, propelled by means of a mechanism
contained within itself and constructed or adapted so as to be capable of being used on roads, and
includes a trailer;
“native” shall have the same meaning as assigned to it in Article 161a of the Federal
Constitution;
“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;
“passenger”, —
(a) in relation to a person carried on a public service vehicle, does not include the
driver or conductor or any ticket inspector in pursuance of his duties; and
(b) in relation to persons carried on a goods vehicle, does not include the driver or
any attendant required by law to be carried on the vehicle;
“police officer” includes an extra police officer, a volunteer reserve police officer and an
auxiliary police officer;
“public service vehicle” means a motor vehicle used for carrying passengers for hire or
reward or for any other valuable consideration;
“registered owner” means the person registered as the owner of a motor vehicle under the
Road Transport Act 1987;
“road” shall have the same meaning as assigned to it in section 2 of the Road Transport Act
1987;
“Road Transport Department” means the Department administered by the Director General;
“road transport officer” means any person appointed to be a road transport officer under
section 3 of the Road Transport Act 1987;
“school bus” means a bus used exclusively for the conveyance of pupils or staff of schools or
other educational institutions;
“stage bus” means a bus plying along a road approved by the Board for the carriage of
passengers on a service which contains fare stages, with a separate fare, time-table and schedule
of fare for each fare stage;
“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;
“this Act” includes any subsidiary legislation made under this Act;
“trailer” shall have the same meaning as assigned to it in section 2 of the Road Transport Act
1987;
“unladen weight” means the weight of a vehicle inclusive of the body and all parts (the
heavier being taken where alternative bodies or parts are used) which are necessary to or
ordinarily used with the vehicle when working on a road but exclusive of loose tools;
“use” means use on any road;
“vehicle” means a motorized structure capable of moving or being moved or used for the
conveyance of any person or thing and which maintains contact with the ground when in motion.

PART II

COMMERCIAL VEHICLES LICENSING BOARDS
3. Establishment of commercial vehicles licensing boards
(1) There shall be established respectively for West Malaysia, Sabah and Sarawak a
commercial vehicles licensing board to be known as the “Commercial Vehicles Licensing Board
Peninsular Malaysia”, the “Commercial Vehicles Licensing Board Sabah” and the “Commercial
Vehicles Licensing Board Sarawak”.
(2) For the purposes of this Act, the commercial vehicles licensing board for the Federal
Territory of Labuan shall be the Commercial Vehicles Licensing Board Sabah.
4. Membership of the Commercial Vehicles Licensing Board Peninsular Malaysia
The Commercial Vehicles Licensing Board Peninsular Malaysia shall consist of the following
members to be appointed by the Minister:
(a) a Chairman;
(aa) a Deputy Chairman;
(b) a representative of the Ministry charged with the responsibility for transport;
(c) a representative of the Ministry charged with the responsibility for matters
relating to the licensing of commercial vehicles, who shall be the Board
Secretary;
(d) a representative of the Road Transport Department; and
(e) not more than six persons who in the opinion of the Minister have had wide
experience or special knowledge in matters relating to transport.
5. Membership of the Commercial Vehicles Licensing Board Sabah
The Commercial Vehicles Licensing Board Sabah shall consist of the following members to be
appointed by the Minister:
(a) a Chairman;
(aa) a Deputy Chairman;
(b) a representative of the State Ministry charged with the responsibility for transport;
(c) a representative of the Road Transport Department;
(d) a representative of the Federal Ministry charged with the responsibility for
matters relating to the licensing of commercial vehicles, who shall be the Board
Secretary; and
(e) not more than six persons who in the opinion of the Minister have had wide
experience or special knowledge in matters relating to transport.
6. Membership of the Commercial Vehicles Licensing Board Sarawak
The Commercial Vehicles Licensing Board Sarawak shall consist of the following members to
be appointed by the Minister:
(a) a Chairman;
(aa) a Deputy Chairman;
(b) a representative of the State Ministry charged with the responsibility for transport;
(c) a representative of the Road Transport Department;
(d) a representative of the Federal Ministry charged with the responsibility for
matters relating to the licensing of commercial vehicles, who shall be the Board
Secretary; and
(e) not more than six persons who in the opinion of the Minister have had wide
experience or special knowledge in matters relating to transport.
7. Temporary exercise of functions of Chairman
The Minister may appoint any member of the Board or any other person as he thinks fit to
exercise the functions of the Chairman during the period in which the Chairman is for any reason
unable to exercise his functions or during the period of any vacancy in the office of the
Chairman, and such member or other person shall, during the period in which he is exercising
the functions of the Chairman under this section, be deemed to be the Chairman.
8. Committees
(1) The Board may appoint any committee of two or more persons to assist it in discharging
its functions under this Act.
(2) The procedure and functions of any committee appointed under subsection (1) shall be
determined by the Board:
Provided that such committee shall keep minutes of its proceedings and copies of such minutes
shall forthwith be tabled before the Board.
8a. Appointment of Board Officer
The Minister may, by notification in the Gazette, appoint any officer from the Federal Ministry
charged with the responsibility for matters relating to the licensing of commercial vehicles to be
a Board Officer as he thinks fit.
9. Provisions relating to members of the Board and committee
(1) No person shall be appointed as a member of the Board or as a member of any committee unless before such appointment such person makes a statutory declaration whether he
has any and if so what financial interest in any undertaking involving commercial vehicles.
(2) If any member of the Board or a committee acquires any financial interest in any
undertaking involving commercial vehicles he shall, within four weeks after so doing, give
notice in writing to the Minister specifying the interest so acquired, and the Minister, after taking
the matter into consideration may, if he thinks fit, declare that the member has vacated his office.
(3) The Chairman and members of the Board appointed under paragraph 4(e), sections 5
and 6 shall hold office for such term not exceeding three years as the Minister may determine at
the time of their appointment and shall be eligible for re-appointment.
(4) The Minister may appoint an alternate member in respect of each member of the Board
(excluding the Chairman) to attend a meeting of the Board whenever such member is unable to
attend such meeting due to illness, incapacity or any other reason.
(5) The Board may appoint an alternate member in respect of each member of a committee
to attend a meeting of the committee whenever such member is unable to attend such meeting
due to illness, incapacity or any other reason.
(6) The Chairman shall be paid such remuneration and allowances as the Minister may
determine after consultation with the Minister of Finance.
(7) Every member of the Board and of every committee appointed under section 8 may be
paid allowances at such rates as the Minister may determine after consultation with the Minister
of Finance.
(8) Every member of the Board and of every committee appointed under section 8 shall be
deemed to be public servants within the meaning of the Penal Code [Act 574 ].
10. Procedure of the Board and Minister’s general directives
(1) The Minister may make rules to fix the quorum for any meeting of the Board and to
prescribe the procedure which shall be followed by the Board for the purpose of determining
applications for the issue of a licence or of exercising any other functions conferred on the Board
under this Act.
(2) Subject to this Act, the Minister may in writing give such general directives on the
policy to be followed by the Board in determining applications as he may think desirable in the
public interest and the Board shall comply with such general directives.
11. Delegation by the Board
The Board may in writing delegate to the Chairman, a Board Officer, a road transport officer
after consultation with the Director General or any public officer as the Board deems fit, any of
its functions other than those which the Minister may by rules expressly require to be discharged
by the Board.
12. Annual reports
(1) The Board shall submit to the Minister, not later than the 30th day of June, an annual
report of its proceedings for the previous year containing particulars with respect to such matters
as the Minister may direct.
(2) The Minister shall cause every such annual report to be laid before both Houses of
Parliament.
13. Information to be given to the Board
All registers and records and other documents kept by any person or authority relating to the
grant or refusal, before the coming into force of this Act, of licences to transport goods or
passengers, shall be made available by such person or authority to the Board on its request and
such person or authority shall furnish the Board with such other information relating to the
matters aforesaid as the Board may require for the purpose of carrying out its functions under
this Act.
PART III
CLASSIFICATION AND LICENSING OF COMMERCIAL VEHICLES
14. Classes and categories of commercial vehicles
(1) Public service vehicles shall be divided into and licensed under 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) hire cars;
(i) hire and drive cars;
(j) taxi cabs;
(k) airport taxi cabs; and
(l) limousine taxi cabs.
(1a) Notwithstanding subsection (1) the Minister may make rules for the purpose of
prescribing any other classes of public service vehicles as he thinks fit.
(2) (a) Goods vehicles shall be divided into and licensed under the following classes:
(i) carrier’s licence ‘A’; and
(ii) carrier’s licence ‘C’.
(b) Goods vehicles of either class may be of different types in respect of their
functions.
(3) A carrier’s licence ‘A’ shall entitle the holder thereof to use the authorized vehicle for
the carriage of goods for hire or reward for or in connection with any trade or business carried on
by him as a carrier of goods.
(4) A carrier’s licence ‘C’ shall entitle the holder thereof to use the authorized vehicle for
the carriage of his own goods for or in connection with any trade or business carried on by him,
but it shall be a condition of the licence that no vehicle which is for the time being an authorized
vehicle shall be used for the carriage of goods for hire or reward other than goods sold and
delivered by the holder under a contract of sale where a charge is made for the delivery of the
goods.
(5) A motor vehicle specified in a carrier’s licence shall not, while it remains so specified,
be specified in any other carrier’s licence.
(6) Where at any time goods are carried in a motor vehicle, being a vehicle which has been
let on hire by a person who, at the time of the carriage of the goods, is within the meaning of this
Act the user of the vehicle, the goods shall be deemed to be carried by that person for hire or
reward:
Provided that—
(a) the collection or delivery by a person of goods bought, sold, used or let on hire
purchase in the course of a trade or business carried on by him;
(b) the collection or delivery by a person of goods which have been or are to be
subjected to a process or treatment in the course of a trade or business carried on
by him;
(c) the carriage of goods in a motor vehicle by a manufacturer, agent or dealer whilst
the vehicle is being used by him for demonstration purposes; or
(d) the carriage of goods in a motor vehicle which is being used under and in
accordance with the rules applicable to a motor trade licence taken out by a
manufacturer, repairer or dealer under the Road Transport Act 1987,
shall not be deemed to constitute carrying of the goods for hire or reward for the purposes of this Act.

PART IV
GENERAL PROVISIONS AS TO LICENCES
15. Application for licence
(1) An application for a licence under this Part shall be made to the Board on the prescribed
form in the prescribed manner.
(2) In addition to any other information which may be required to be given under this Act,
the applicant shall give to the Board the following information which is required for the
discharge of its functions in relation to the application:
(a) complete information on the details of the route which is related to the
application;
(b) a letter of approval from the relevant local authority regarding the usage of stops
or terminal facilities in the area of administration of the local authority where the
route is located;
(c) a justification report for the route; and
(d) any other information as may be determined by the Board.
(3) The Board 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 as prescribed is not duly completed by reason of any
omission or misdescription;
(b) the application form contains any error or alteration; or
(c) the application does not comply with any other prescribed requirement.
16. Powers of the Board
(1) Subject to this Act, the Board on an application for a licence under this Act shall have
full power in its discretion—
(a) to grant the application in full or in part;
(b) to grant a licence in respect of motor vehicles other than those involved in the
application;
(c) to grant a licence of a different class or for a different maximum permissible
laden weight, passenger capacity or type of goods to be carried from that
specified in the application;
(d) to grant a licence in which the area or time of operation is different from that
specified in the application; or
(e) to refuse the application..
(2) A person may be the holder of two or more licences, whether of the same class or of
different classes.
17. Duration of licences
(1) (a) A licence issued under this Act shall, unless replaced or revoked, continue in
force for such period as may be determined by the Board at the time the licence is granted.
(b) The period that may be determined by the Board under paragraph (a) shall not
exceed seven years.
(c) When a licence is granted under this Act, the Board shall specify the date on
which the licence is to come into force and the date of its expiry, and such dates
shall be inserted in the licence when it is issued.
(2) If on the date of the expiration of a licence (other than a short term licence) granted
under section 16, proceedings are pending before the Board on an application by the holder of
the licence for the renewal of such licence under section 21, such licence shall remain in force
until the application is disposed of, but without prejudice to the exercise in the mean time of the
powers of suspension or revocation conferred by this Act.
18. Short term licences
(1) Where an application has been made for a licence to be granted under this Act, the
Board may, if for administrative reasons or on the ground of the urgency of the matter it thinks it
desirable so to do pending the determination of the application, grant to the applicant a short
term licence for such period and subject to such conditions as it thinks fit.
(2) A short term licence shall cease to have effect from the date on which the Board gives
its decision on the application and in no case shall have effect for more than twelve months.
19. Conditions which may be attached to licence
(1) Subject to this Act, the Board may attach to any licence granted under this Act such
conditions as it may think fit and in particular—
(a) in relation to a specified class of public service vehicles licence—
(i) that specified fares shall be charged;
(ii) that where desirable in the public interest, the fares shall be so fixed as to
prevent wasteful competition with alternative means of transport, if any,
along the route or any part thereof or in proximity thereto;
(iii) that the service shall be operated within the specified areas or routes and
in accordance with a specified time-table or in accordance with specified
hours of operation and specified frequency;
(iv) that copies of the time-table and fare-table shall be carried and displayed
in vehicles used on the service and shall be liable for inspection;
(v) that passengers shall not be taken up or set down except at points specified
in the licence or shall not be taken up or set down between specified
points;
(vi) that passengers in excess of a specified number shall not be carried;
(vii) that the holder of the licence or certain specified persons only shall drive
or operate the vehicle;
(viii) that the authorized vehicle is installed with a ticket machine or equipment
of the latest technology as may be determined by the Board;
(b) in relation to a goods vehicle licence—
(i) that the authorized vehicle shall or shall not be used in specified areas or
between specified places or during specified times;
(ii) that the authorized vehicle shall or shall not be operated in areas other
than the areas for which the 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 charge or the maximum or minimum charges to be made for the
carriage of goods, the labour charges for the loading and unloading of
vehicles and the charges for the demurrage of vehicles shall be as
determined by the Board;
(vi) that the laden weight of any authorized vehicle shall not exceed a
specified maximum;
(vii) that explosive, inflammable, poisonous or 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;
(c) in relation to a carrier’s licence ‘A’ which has no restriction on the type of goods
to be carried, that the carriage of goods shall not be refused without reasonable
excuse;
(d) repealed ;
(e) in relation to all licences—
(i) that the wages, conditions and hours of employment of persons employed
in connection with the authorized vehicle or authorized service shall
conform to certain specified requirements;
(ii) that documents relating to the goods or passengers shall be carried on the
authorized vehicle;
(iii) that the issue and control of tickets for passengers and consignment notes
for goods and the numbering or marking of such goods in such manner as
to enable them to be readily identified shall conform to the requirements
of the Board;
(iv) that the holder of the licence shall keep and produce on demand for
inspection and verification specified accounts, documents and records;
(v) that the safety and convenience of passengers on vehicles and persons on
roads shall be promoted;
(vi) that the authorized vehicles is kept in a designated place.
(2) The Board may, at any time and from time to time in its discretion, add, cancel or vary
any of the conditions attached to a licence under this section.
(3) The holder of the licence or any person using, causing or permitting the use of a vehicle
in respect of which a licence has been issued under this Act who fails to comply with any of the
conditions attached to the licence under this section shall be guilty of an offence and shall on
conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand
ringgit or to imprisonment for a term not exceeding one year or to both.
(4) In the case of a vehicle used for the transportation of goods and in respect of which a
licence under this Act has been issued, the holder of the licence or any other person who causes
or permits the vehicle to be used by any person shall, if the person who uses the vehicle fails to
comply with any of the conditions attached to the licence under this section, 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.
20. Statutory conditions of licence
(1) It shall be a condition of every licence granted under this Act—
(a) that the authorized vehicle is maintained in a fit and serviceable condition as
determined by the Director General;
(b) that any provision contained in any written law with respect to limits of speed,
weight laden and unladen and the loading of vehicles is complied with in relation
to the authorized vehicle;
(c) that section 40 is complied with.
(2) The holder of the licence or any person using, causing or permitting the use of a vehicle
in respect of which a licence has been issued under this Act who fails to comply with any of the
conditions under this section, shall be guilty of an offence and shall on conviction be liable to a
fine of not less than one thousand ringgit but not more than ten thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
(3) Where a court has found the holder of the licence or any person using, causing or
permitting the use of a vehicle guilty of failing to comply with any of the conditions specified in
paragraph (1)(a) or (b) , the court shall send notice of such finding of guilt to the Board and,
where applicable, in respect of such person found guilty of using, causing or permitting such use,
to the Director General by whom the vocational licence was granted.
20a. Application for approval to participate in business or agreement
(1) If the holder of a licence that is a company or a partnership or a firm intends to
participate in any business or agreement that would cause—
(a) any change in the equity structure; or
(b) any change in the members of the Board of Directors,
of the company, partnership or firm, as the case may be, the holder of the licence shall obtain the
approval of the Board before participating in the business or agreement.
(2) The Board may, upon receipt of the application under subsection (1), approve or reject
the application and, if the Board approves the application, it may impose any condition as it
thinks fit.
(3) The holder of a licence who fails to comply with this section shall be guilty of an
offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not
more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
21. Application for renewal of licence
(1) Subject to subsections (2) and (3), any person who is a holder of a licence under this
Act, who satisfies the Board that since the date the licence is granted, he has lawfully and
continuously carried on, in a satisfactory and efficient manner, a transport service in accordance
with the terms and conditions of the licence, shall on application to the Board for renewal of the
licence, be given preference over all other applications for a licence to carry on a transport
service substantially the same as that which the licence holder has been providing.
(2) An application for renewal of a licence under subsection (1) shall be made before the
date of the expiration of the existing licence.
(3) If the applicant fails to comply with subsection (2) and offers no reason which the
Board thinks as reasonable, the Board may refuse to proceed with, hear or determine such
application.
21a. Documents required for renewal of licence
(1) In addition to any other document which may be required under this Act, an application
for a renewal of a licence shall be accompanied with the following documents:
(a) an audited financial statement of the applicant; and
(b) a performance report of the previous year relating to—
(i) the total number of passengers carried;
(ii) the total number of operation and revenue mileage;
(iii) the total actual number of trips operated and scheduled; and
(iv) the estimated number of vehicles that are required to provide efficient
service for a particular route.
(2) Notwithstanding subsection (1) the Board may require any additional documents to be
submitted by the applicant for the renewal of licence.
22. Application for variation
Subject to this Act, on an application by the holder of a licence for a variation of the licence or
the conditions thereof, the Board shall have full power in its discretion—
(a) to grant the application in full or in part;
(b) to refuse the application; or
(c) to order any variation of the licence or the conditions thereof other than the
variation specified in the application.
23. Temporary change of use of a public service vehicle
Notwithstanding anything contained in this Act, the Board may, on an application, authorize for
a period not exceeding three months and subject to such conditions as it thinks fit to impose, the
holder of a public service vehicle licence of a particular class to use the authorized vehicle as a
public service vehicle of any other class.
24. Temporary use of ‘C’ vehicle as ‘A’ vehicle
Notwithstanding anything contained in this Act, the Board may in exceptional cases, on an
application, authorize for a period not exceeding three months and subject to such conditions as
it thinks fit to impose, the holder of a carrier’s licence ‘C’ to use the authorized vehicle for the
carriage of goods for hire or reward.
25. Power to revoke or suspend licence
(1) The Board may revoke or suspend any licence granted under this Act—
(a) on the ground that any of the provisions of this Act or any other written law or
that any of the conditions of the licence has not been complied with;
(b) on the ground that the grant of the licence was induced by a false representation
of fact by or on behalf of the holder; or
(c) where it is satisfied that the motor vehicle has been or is intended to be used for
an unlawful purpose or that the original purpose for which the licence was issued
no longer exists:
Provided that the Board shall not revoke or suspend the licence on the ground of the breach of
any of the conditions unless it is satisfied, after giving the holder of the licence an opportunity of
making any representation in writing he may wish to make, that owing to the frequency of the
breach, or to the breach having been committed wilfully or to the danger to the public involved
in the breach, the licence should be revoked or suspended.
(2) For the purposes of subsection (1), a breach of any of the conditions specified in
paragraph 20(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.
(3) Where a licence has been revoked or suspended, it shall have no effect from the date of
revocation or during the period of suspension, as the case may be.
25a. Prohibition in relation to suspended licence
(1) The holder of a licence whose licence has been suspended under section 25 shall not,
during the period of suspension, use, cause or permit the use of a vehicle to which the licence
relates.
(2) Any holder of a licence using, causing or permitting the use of a vehicle when the
licence in respect of the vehicle is suspended under section 25 shall be guilty of an offence and
shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten
thousand ringgit or to imprisonment for a term not exceeding one year or to both.
25b. Power of the Board to replace licence
(1) The Board shall, in the exercise of its discretion, have the power to replace a licence
with a licence of a different class or for a different maximum permissable laden weight or
seating capacity or type if the Board is satisfied that there is a need for the carriage of goods that
is different from the class of licence granted under this Act for the purpose of—
(a) reorganizing or consolidating the services provided by the holder of licences of
different classes; or
(b) reorganizing or consolidating the services provided by the holder of the licences
of the same class.
(2) Before replacing a licence under subsection (1) the Board shall issue a written notice
not less than one year before the proposed date of replacement to the holder of the licence stating
the intention of the Board to replace the licence.
(3) A licence replacing any licence under subsection (1) shall be effective from the date of
replacement.
(4) Upon the coming into effect of the replacement licence, the licence which is replaced
under subsection (1) shall be void and shall be surrendered to the Board.
26. Protection of public interest
Save as otherwise expressly provided, nothing in this Act shall be deemed to confer on the
holder of a licence under this Act, any right to the continuance of any benefits arising from the provisions of this Act, or from any licence granted or deemed to be granted thereunder or from
any conditions attached to any such licence.
PART V
APPEALS
27. Appeal to the Minister
Subject to this Act, any person who—
(a) being an applicant for the grant or renewal of a licence under this Act, is
aggrieved by the decision of the Board on the application or by any condition
imposed by the Board for a licence granted by it; or
(b) being the holder of a licence granted under this Act, is aggrieved by the
revocation of such licence,
may, within thirty days in the case of West Malaysia and ninety days in the case of Sabah, Sarawak and the Federal Territory of Labuan, from the date of service of the letter of decision of
the Board or for such longer period as the Minister may prescribe, appeal in writing to the
Minister against such decision setting out the grounds of appeal.
28. Minister’s power to appoint appeal committee
(1) The Minister may, where he deems it fit to do so, appoint a committee of two or more
persons to consider an appeal under section 27 and to make to the Minister its recommendation
with regard to the appeal.
(2) The Minister shall give such consideration as he thinks fit to the recommendations of
the committee in arriving at his decision on the appeal.
29. Order on appeal to be binding
(1) Subject to this Act, in giving his decision on an appeal under section 27, the Minister
may confirm, reverse or vary the decision of the Board after considering the written grounds of
the decision as submitted by the Board to him.
(2) The decision of the Minister on the appeal shall be arrived at on the basis of the
documents relating to the appeal and there shall be no oral hearing of the appeal.
(3) The decision of the Minister under this section shall be binding and shall be final and
conclusive.
30. Instances where there is no right of appeal
There shall be no right of appeal by any person where an application under this Act is refused
under subsection 15(3) or under section 22.
31. Validity of licence extended in successful appeal
Notwithstanding section 17, where the Minister allows in full an appeal against an order
revoking a licence granted under this Act, the validity of the licence shall thereupon be extended
by a period corresponding to that during which the licence was of no effect and such extended
period shall accordingly be inserted in the licence.
32. Prohibition of similar application when earlier application still pending appeal
(1) Where an application is made under this Act and such an application is rejected or only
granted in part and the applicant thereafter appeals against such a decision, he shall not
subsequently make a similar application under this Act in respect of the same class and type of
vehicle, irrespective of the number of vehicles so applied, until such appeal has been determined
or disposed of by the Minister.
(2) In the event that any licence is granted either as a result of such appeal or subsequent
application, or both, the licence so granted shall be deemed void.
PART VI
OFFENCES AND PENALTIES
33. Prohibition of use of unlicensed public service vehicle
Subject to this Act, no person shall use a motor vehicle or cause or permit a motor vehicle to be
used as a public service vehicle unless there is in force in respect of such vehicle a licence
granted under this Act authorizing such use, or otherwise than in accordance with such licence
and any conditions attached thereto; and if he does so, he shall be guilty of an offence and shall
on conviction be liable to a fine of not less than one thousand ringgit but not more than ten
thousand ringgit or to imprisonment for a term not exceeding one year or to both:
Provided that a person shall not be convicted of an offence against this section if he proves to the
satisfaction of the court that he used the motor vehicle, the subject of the charge, as a taxi cab or
hire car in an emergency for the purpose of conveying a sick or injured person to hospital or to
bring medical aid to such person or for the purpose of making a police report to a police station and that he made all reasonable efforts to hire a taxi cab or hire car for the purpose of the
journey.
34. Prohibition of use of unlicensed goods vehicle
(1) Subject to this Act, no person shall use a goods vehicle or cause or permit a goods
vehicle to be used for the carriage of goods unless there is in force a carrier’s licence granted
under this Act authorizing such use, or otherwise than in accordance with such licence and any
conditions attached thereto, and if he does so he shall be guilty of an offence and shall on
conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand
ringgit or to imprisonment for a term not exceeding one year or to both.
(2) This section shall not apply—
(a) to the use of a public service vehicle in pursuance of a licence granted under this
Act when used by the licence holder in accordance with such licence and any
conditions attached thereto;
(b) to the use of a motor vehicle for the purpose of funerals;
(c) to the use of a motor vehicle for police, fire brigade or ambulance purposes;
(d) to the use of a motor vehicle for towing a disabled motor vehicle from a road to a
place of safety or for removing goods from a disabled motor vehicle and
removing such goods to a place of safety;
(e) to the use of a motor vehicle for any specified purpose or the use of a motor
vehicle of any class or description, when rules made by the Minister under this
Act provide that such use shall not be subject to this section;
(f) to the use of a motor vehicle for the purpose of the Government or local authority
when such vehicle is owned by the Government or local authority; and
(g) to the use of a motor vehicle in respect of which all the following conditions are
satisfied:
(i) the vehicle is a goods vehicle;
(ii) the maximum permissible laden weight of the vehicle does not exceed
such weight as the Board may specify from time to time;
(iii) the vehicle is registered as a goods vehicle;
(iv) the prescribed motor vehicle licence fee payable in respect of the vehicle
as a goods vehicle has been paid and a motor vehicle licence issued in
consequence of such payment is in force; and
(v) the vehicle is used by its owner solely for the carriage of goods for or in
connection with any trade or business carried on by such owner, provided
that he does not use such vehicle for the carriage of goods for hire or
reward other than goods sold and delivered by him in cases where, under
the contract of sale, a charge is made for the delivery of the goods.
35. Use of goods vehicle for carriage of passengers to be licensed
Subject to this Act, no person shall use a goods vehicle or cause or permit a goods vehicle to be
used for the carriage of passengers unless there is in force a carrier’s licence granted under this
Act authorizing such use, or otherwise than in accordance with such licence and any conditions
attached thereto, and if he does so he shall be guilty of an offence and shall on conviction be
liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
36. Other transport interests to be disclosed by applicant
(1) Without prejudice to section 15, any person who applies for a licence or for a variation
of a licence or any of the conditions thereof shall disclose or furnish in the application form as
prescribed—
(a) any other licence that has been issued to him under this Act;
(b) any financial interest whatsoever which he has in the business of any other person
or company which provides facilities for the transport of passengers or goods
within Malaysia;
(c) any such interest or right which any other person has in his business and in the
case of an applicant being a company, any right which that other person has to
nominate any director of the company.
(2) If the applicant fails to disclose the information required under subsection (1) or
supplies such information which to his knowledge is false or incorrect in whole or in part, he
shall be guilty of an offence and shall on 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.
37. Information requested by the Board from licence holder
(1) It shall be the duty of every person who holds any licence under this Act to supply when
so requested by the Board, within a period of time as shall be determined by the Board,
particulars—
(a) of any agreement or arrangement affecting in any material respect the provision
of facilities for the transport of passengers or goods for hire or reward made by
him with any other person by whom such facilities are provided, whether within
or without Malaysia;
(b) of any financial interest whatsoever which any other person has in his business,
and in the case of the holder being a company, of any right which that other
person has to nominate any director of the company;
(c) of any interest or right which he has in the business of any other person who
provides facilities for the transport of passengers or goods for hire or reward
within Malaysia.
(2) If any person refuses or fails to supply, within the prescribed time, any information
which he is required to supply under this or supplies any information which to his knowledge is
false or incorrect in any respect, he shall be guilty of an offence and shall on conviction be liable
to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to
imprisonment for a term not exceeding six months or to both.
38. Alteration of authorized vehicle
(1) The holder of a licence shall not make any alteration, other than by way of replacement
of parts, to the structure or fixed equipment of an authorized vehicle without the approval of the
Director General.
(2) If any person fails to comply with or contravenes this section, he shall be guilty of an
offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not
more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to
both.
39. Transfer of licence prohibited
(1) Subject to subsection (4), a licence granted under this Act shall be personal to the
holder thereof, and shall not be transferred or assigned.
(2) Except with the previous consent of the Board, the holder of such licence shall not
appoint an agent or attorney for the purpose of exercising any of the rights conferred on him and
shall not cause or permit any such agent or attorney to exercise any such right.
(3) The holder of a licence granted under this Act who purports to transfer or assign the
licence or causes or permits any other person to use an authorized vehicle or to provide the
service authorized in the licence shall be guilty of an offence and shall on conviction be liable to
a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to
imprisonment for a term not exceeding one year or to both.
(4) The Board may, in the event of the death, incapacity, bankruptcy or, in the case of a
company, liquidation, of the holder of such licence or, where a receiver or manager is appointed
in relation to the business of the holder of such licence or, where for any reason the Board is
satisfied that it would be unjust not to do so, authorize the transfer of such licence.
40. Records and returns
(1) It shall be the duty of the holder of a licence granted under this Act to keep such
accounts and records in relation thereto as may be prescribed and to furnish to the Board such
records, accounts, financial and statistical returns or other documents for such period and in such
manner as may be prescribed, together with such other particulars as may be required by the
Board.
(2) It shall be the duty of the holder of such licence to keep such records in relation to the
use of the authorized vehicle as may be prescribed.
(3) The Board or the Director General may, by notice in writing, require the holder of such
licence to produce all or any such records, accounts, financial and statistical returns or other
documents at such time and place as may be specified in such notice, and to vouch the same, and
to afford the Board, Director General, a Board Officer or a road transport officer reasonable
facilities for checking and examining such records, accounts, financial and statistical returns or
other documents and satisfying himself as to the completeness and accuracy thereof.
(4) If any person fails to comply with or contravenes this section, he shall be guilty of an
offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not
more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to
both.
41. Abetment of offences
Whoever abets the commission of an offence against this Act shall be punishable with the
punishment provided for the offence.
42. False statements
(1) If any person—
(a) for the purpose of obtaining under the provisions of this Act the grant of any type
or description of licence to himself or to any other person or the variation of any
such licence, or for the purpose of preventing the grant or variation of any such
licence or of procuring the imposition of any condition or limitation in relation to
any such licence, makes any statement or declaration which to his knowledge is
false or incorrect, either in whole or in part, or in any material respect misleading;
(b) furnishes any particulars in relation to an application for the grant of a licence
under this Act which to his knowledge are false or in any material respect
misleading;
(c) makes any entry in a record, register or other document required to be issued,
kept, maintained or furnished under this Act which is false or in any material
respect misleading,
he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one
thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
(2) In any prosecution under this section, when it has been proved that any application,
particulars, returns, accounts, document or written statement 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, particulars, returns, accounts, document or written statement was false or
incorrect or misleading in a 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 mark, plate or document which is required by this
Act to be carried or exhibited on a motor vehicle or licence;
(b) makes or has in his possession any mark, plate or document so closely resembling
any such mark, plate or document as aforesaid as to be calculated to deceive;
(c) alters any entry made in a register, licence or other document issued or kept under
this Act;
(d) exhibits on any motor vehicle any licence or identification mark, plate or
document which has been altered, tampered with, defaced, mutilated or added to,
or any imitation of a licence, mark, plate or document which is required under this
Act to be carried or exhibited on a motor vehicle;
(e) exhibits on any motor vehicle any licence or identification mark, plate or
document which does not belong to such vehicle;
(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,
he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one
thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not
exceeding one year or to both:
Provided that in the case of paragraph (d), he shall not be found guilty of an offence if he proves
that he had acted in good faith and had no reasonable grounds for supposing that such licence or
identification mark, plate or document had been altered, tampered with, defaced, mutilated or
added to, or that such licence, mark, plate or document was an imitation.
(4) If any police officer or road transport officer has reasonable cause to believe that a
document carried on a motor vehicle or any licence or record or other document produced to him
in pursuance of this Act by the driver or person in charge of a motor vehicle is a document in
relation to which an offence under this section has been committed, he may seize the document,
licence or record.
(5) For the purpose of this section, the expression “document” includes a badge and the
expression “seize” includes power to detach from the motor vehicle.
43. Liability of registered owner and others
(1) For the purpose of any prosecution or proceedings under this Act, the registered owner
of a motor vehicle shall be deemed to be the owner of that motor vehicle.
(2) Except where otherwise provided by this Act, any act or omission by the servant, agent
or partner of the registered owner shall, for the purpose of any prosecution or proceedings under
this Act, be deemed to be the act or omission of the registered owner, unless he satisfies the court
that he has taken all reasonable steps and precautions to prevent such an act or omission.
(3) In the event of any act or omission by a servant, agent or partner of the registered owner
which would have been an offence against this Act if committed by the registered owner, that
servant, agent or partner shall also be guilty of that offence.
(4) Where the registered owner is a body corporate, any person who at the time of the
commission of such offence was a director, general manager, manager, secretary or other similar
officer of the body corporate, or who was purporting to act in any such capacity, shall be deemed
to be guilty of the offence unless he proves that the offence was committed without his consent
or connivance, and that he has exercised due diligence to prevent the commission of the offence
as he ought to have exercised having regard to the nature of his functions and to all the
circumstances.
44. Powers of the police in investigation
Every police officer making an investigation under this Act may exercise any or all of the special
powers in relation to police investigation in seizable cases conferred on such police officer by
Chapter XIII of the Criminal Procedure Code [Act 593], and the provisions of sections 112 to
114 of that Code shall apply to statements made by persons examined in the course of such
investigation.
44a. Powers of road transport officers in investigation
(1) Every road transport officer making an investigation under this Act shall have the
power to require information, whether orally or in writing, from any person supposed to be
acquainted with the facts and circumstances of the case under investigation.
(2) Whoever, on being required by a road transport officer to give information under this
section, refuses to comply with such request by the officer or furnishes as true, information
which he knows or has reason to believe to be false, shall be guilty of an offence and shall on
conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand
ringgit or to imprisonment for a term not exceeding one year or to both.
(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.
44b. Power of Board Officer to investigate, etc.
A Board Officer shall have the power to investigate or to require any information, whether orally
or in writing, from any person supposed to be acquainted with the facts and circumstances in
relation to the commission of an offence under this Act or any other written law or breach of
conditions attached to a license.
44c. Power to seize document, etc.
(1) If any police officer or road transport officer or Board Officer has reasonable cause to
believe that a document carried on a vehicle, or any licence, record or other document produced
to him pursuant to this Act by the driver or person in charge of a vehicle is a document, licence
or record in relation to which an offence under this Act has been committed, he may seize or
detach the document, licence or record from the vehicle.
(2) If the licence seized under subsection (1) is a licence which has been suspended under
section 25, the licence shall be returned to the holder of the licence upon the expiry of the period
of suspension.
45. Who may prosecute
Proceedings for an offence under this Act shall not be instituted or conducted except by or on
behalf of the Public Prosecutor, by a police officer or a road transport officer.
45a. Power to order appearance in court
(1) Where a police officer or a road transport officer has reasonable grounds for believing
that any person committed an offence against this Act, he may, in lieu of applying to the court
for a summons forthwith serve upon that person a notice in the prescribed form ordering that
person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at
a time and date to be stated in such notice.
(2) If any person who is served with a notice as provided by subsection (1) fails to appear
in person or by counsel, then, unless it appears that it was not reasonably possible for that person
so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest
of that person unless in the case of a compoundable offence, that person has within the period
specified in the notice been permitted to compound the offence.
46. Provisions as to evidence
(1) A copy of a licence granted under this Act, certified by the Chairman or any officer
delegated by the Board to be a true copy of such licence, shall be admissible as evidence for all purposes for which the original of such copy would have been admissible had such original been
produced and admitted as evidence, without proof of the signature or authority of the person
signing the said licence or the copy thereof.
(2) When in any proceedings for an offence under this Act it is necessary to prove that any
person was, or was not, the holder of a licence granted under this Act, a certificate purporting to
be signed by the Chairman and certifying as to the matters aforesaid, shall be admissible as
evidence and shall constitute prima facie proof of the facts certified in such certificate, without
proof of the signature of the Chairman to such certificate.
47. Presumptions
In any proceedings for an offence under this Act, in so far as it may be necessary to establish the
offence charged, it shall be presumed until the contrary is proved—
(a) that any conveyance of persons or goods in a motor vehicle was for hire or
reward;
(b) that the passengers carried in a motor vehicle were being carried in consideration
of separate payments made by them;
(c) that a vehicle is not an authorized vehicle;
(d) that any person is not the holder of a licence issued under this Act in respect of a
motor vehicle;
(e) that any person is not the holder of a licence authorizing him to provide any
particular service;
(f) that any person is not the holder of a licence issued under section 18;
(g) that any person is the owner of a motor vehicle; or
(h) that any person is the holder of a licence under this Act.
48. Service and signature of notification or document
(1) Any notification or document required to be given or served under this Act may, unless
some other form of service is prescribed, be sent by registered post to the person affected
thereby.
(2) Where a notification or document is served by registered post, it shall be deemed to
have been served on the day succeeding the day on which the notification or document would
have been received in the ordinary course of post, if the notification or document is addressed—
(a) in the case of a company incorporated in Malaysia, to the registered office of the
company;
(b) in the case of a company incorporated outside Malaysia, either to the individual
authorized to accept service of process under the Companies Act 1965, at the
address filed with the Registrar of Companies or to the registered office of the
company, wherever it may be situated;
(c) in the case of an individual or a body of persons, to the last-known business or
private address of such individual or body of persons.
(3) Where the person to whom there has been addressed a registered letter containing any
notice which may be given under the provisions of this Act is informed of the fact that there is a
registered letter awaiting him at a post office, and such person refuses or neglects to take
delivery of such registered letter, such notice shall be deemed to have been served upon him on
the date on which he was informed.
48a. General offences and penalties
(1) Any person who—
(a) without reasonable excuse, proof of which shall lie on him, refuses or fails to do
anything that he is required to do under this Act;
(b) without reasonable excuse, proof of which shall lie on him, fails to comply with
the requirements of any notice served on him under this Act; or
(c) without reasonable excuse, proof of which shall lie on him, contravenes or fails to
comply with any provision of this Act,
shall be guilty of an offence.
(2) Any person who is guilty of an offence under this Act shall, where no special penalty is
provided, be liable in the case of a first conviction to a fine not exceeding one thousand ringgit
or to imprisonment for a term not exceeding three months and, in the case of a second or
subsequent conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a
term not exceeding six months or to both.
49. Power to compound
(1) Any of the following officers, that is to say—
(a) a Chief Police Officer or any police officer not below the rank of Inspector
specially authorized in writing by name or by office in that behalf by the Minister
charged with the responsibility for the police;
(b) the Director General or any road transport officer specially authorized in writing
by name or by office in that behalf by the Director General,
may, in his discretion, compound any such offence against this Act as may be prescribed as an
offence which may be compounded by such officer by collecting from the person reasonably
suspected of having committed the same a sum of money not exceeding three hundred ringgit.
(2) The Minister may make rules to prescribe the offences which may be compounded and
the method and procedure therefor.
50. Officers not in uniform to produce identification cards
(1) Every police officer and every road transport officer, if not in uniform when acting
against any person under this Act, shall on demand, declare his office and produce to the person
against whom he is acting such document establishing his identity as the Chief Police Officer
may direct in the case of a police officer or as the Director General may direct in the case of a
road transport officer, to be carried by a police officer and road transport officer respectively.
(2) It shall not be an offence for any person to refuse to comply with any request, demand
or order made by any police officer or by a road transport officer not in uniform if such police
officer or road transport officer refuses to declare his office and produce his identification
document on demand being made by such person.
PART VII
MISCELLANEOUS
51. Seizure
(1) Any motor vehicle in respect of which there has been or there is reasonable cause to
suspect that there has been committed any offence against subsection 19(3), paragraph 20(1)(b),
section 33 or 34 may be seized by any road transport officer or any police officer not below the
rank of Inspector at any place.
(2) When any motor vehicle has been seized under subsection (1), a road transport officer
or a police officer not below the rank of Inspector may, at his discretion, temporarily return such
vehicle to the owner of the same, on security being furnished to the satisfaction of such officer
that the vehicle shall be surrendered to him on demand.
(3) An order for the forfeiture or for the release of any motor vehicle seized under
subsection (1) shall be made by the court before which the prosecution with regard thereto has
been held, and an order for the forfeiture of such vehicle shall be made if it is proved to the
satisfaction of the court that an offence against subsection 19(3), paragraph 20(1)(b) , section 33
or 34 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.
(4) If there is no prosecution with regard to any motor 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.
51a. Detention of vehicles
(1) If any police officer in uniform or road transport officer in uniform or Board Officer has
reasonable cause to believe that the provisions of this Act have not been complied with in respect
of any motor vehicle, he may require such vehicle to be stopped and may require the driver of
such vehicle to drive it to some other place, and the vehicle may, if necessary, be detained by
any police officer not below the rank of sergeant or any police officer in charge of a police
station for the purpose of inspection by a police officer or a road transport officer or a Board
Officer to ascertain whether the provisions of this Act have been complied with.
(2) No motor vehicle shall be detained under this section for a period exceeding forty-eight
hours.
51b. Determination of vehicle’s weight
(1) It shall be lawful for any police officer authorized in writing in that behalf by the Chief
Police Officer, or any road transport officer authorized in writing in that behalf by the Director
General or any Board Officer to require the person in charge of any motor vehicle to allow the
motor vehicle to be weighed by such officer, either laden or unladen, and for the weight
transmitted to the road by any part of the motor vehicle in contact with the road to be tested, and
for that purpose may forthwith weigh the motor vehicle.
(2) Upon request by the person in charge of the motor vehicle, the authorized officer shall,
after the completion of the weighing of such vehicle, issue a duplicate or copy of a certificate in
respect of the weighing to the person.
(3) Any person in charge of any motor vehicle who refuses or fails to comply with the
requirement under subsection (1), or removes its load or any part of it before the motor vehicle is duly weighed, shall be guilty of an offence.
(4) It shall not be lawful for any authorized officer to require the person in charge of the
motor vehicle to unload the motor vehicle for the purpose of having it weighed unladen.
52. Reservation of licences
(1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may from
time to time by order, give directions to the Board as may be required for the reservation of
licences for Malays and natives in such proportion of the licences to be granted under this Act as
the Yang di-Pertuan Agong may deem reasonable and the Board shall comply with such
directions.
(2) A licence granted to a Malay or to a native by the Board in pursuance of directions
given by the Yang di-Pertuan Agong under subsection (1), shall bear an endorsement as follows:
“Granted in pursuance of directions given under subsection 52(1) of the Commercial Vehicles
Licensing Board Act 1987”.
Such endorsement shall be conclusive evidence that such licence was granted in pursuance of
such directions.
(3) The Board may, in respect of any licence granted in pursuance of directions given under
subsection (1), attach to such licence such conditions as it thinks fit in addition to the conditions
referred to in section 19.
(4) For the purposes of this section, the expression “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.
53. Limitation on number of specified classes of vehicles
The Minister shall, from time to time as appears to him necessary or desirable and after
consultation with the Minister charged with the responsibility for transport and the State
Government or the Minister charged with the responsibility for the Federal Territory, as the case
may be, fix the number of any class of public service vehicles which he considers should be
authorized to be used to meet the reasonable needs of persons requiring the use of such vehicles.
54. Classification and numbering of bus routes
The Board may classify and number, in such manner as may be convenient, the routes in respect
of which express, mini and stage bus licences are granted, and may publish a list of the routes so classified and numbered.
55. Avoidance of contracts
Any contract for the conveyance of a passenger in a public service vehicle shall, so far as it
purports to negative or to restrict the liability of any person in respect of any claim which might
otherwise be lawfully made against that person in respect of the death of or bodily injury to the
passenger while being carried in, entering or alighting from the authorized vehicle or purports to
impose any condition with respect to the enforcement of any such liability, be void.
56. Rules
(1) The Minister may make rules for any purpose for which rules may be made under this
Act and for prescribing anything which may be prescribed under this Act, and generally for the
purpose of carrying this Act into effect, and in particular, but without prejudice to the generality
of the foregoing provisions, may make rules with respect to any of the following matters:
(a) the forms to be used and the information to be furnished for any of the purposes
of this Act;
(b) the procedure on applications and the determination of questions in connection
with the grant, variation, surrender, suspension and revocation of licences and
conditions attached to licences and in connection with appeals;
(c) the grant of licences and the issue of copies of licences in the case of licences lost
or destroyed;
(d) the fees to be paid under this Act, the manner of payment and the persons liable to
pay the same, the exemption of such fees to any person or classes of persons or
company or the reduction of such fees;
(e) the custody of licences, the production, return, surrender and cancellation of
licences on the expiration, suspension, revocation or variation of the conditions
thereof and the custody, production, return and obliteration of documents;
(f) the form of register and other records to be kept and maintained by the Board,
provisions for the opening, maintenance and closure thereof, provisions for the
inspection and taking extracts therefrom and the supply of copies thereof and the
fees to be paid for such inspection, extracts and copies respectively;
(g) the notification to the Director General or Chairman, of motor vehicles which
have ceased to be used under a licence granted under this Act;
(h) the records to be kept by licence holders and by drivers of authorized vehicles and
the returns to be made;
(i) prescribing penalties (not exceeding those specified by section 119 of the Road
Transport Act 1987) for any breach or failure to comply with any such rules;
(j) the means by which commercial vehicles are to be identified as authorized
vehicles whether by plates, marks and otherwise and providing for distinguishing
words, letters, numbers, colours or marks being or not being affixed to authorized
vehicles;
(k) the safe custody or disposal of any property accidentally left in a public service
vehicle and the fixing of charges made in respect thereof,
and different rules may be made as respects different classes or descriptions of authorized
vehicles and as respects the same class and description of authorized vehicles in different
circumstances.
(2) Any rules made by the Minister under this Act shall be published in the Gazette.
57. Repeal, transitional and saving
(1)The Road Traffic Ordinance 1958 [Ord. 49 of 1958] and the Modification of Laws
(Road Traffic Ordinance) (Extension and Modification) Order 1984 [P.U.(A) 136/84] in so far as
they relate to the licensing of commercial vehicles are hereby repealed:
Provided that all subsidiary legislations relating to the licensing of commercial vehicles made
under the repealed Ordinance shall be deemed to have been made under this Act and shall
continue to remain in force until amended, suspended or revoked thereunder:
Provided further that any licence, permit or any other document in respect of an authorized
vehicle or any reduction of fees or any exemption issued or granted under the repealed
Ordinance and in force immediately before the commencement of this Act shall, in so far as its
issue or grant is not inconsistent with this Act, be deemed to have been issued or granted under
this Act and shall continue in force until it expires, or is varied, amended, suspended or revoked
thereunder.
(2) Where an application for the grant of a licence in respect of a commercial vehicle has
been made before the commencement of this Act and is pending immediately before such
commencement the decision of any authority as is referred to in subsection (3), proceedings in
respect of the said application shall be continued under the repealed Ordinance subject to such
modifications to the application being made so as to bring it into accord with the provisions of
this Act, and subject to such directions as the said authority may give with regard to the
continuation of proceedings on such an application.
(3) Any authority established under the repealed Ordinance, having power to grant licences
in respect of commercial vehicles and existing immediately before the date of commencement of
this Act, shall continue to remain in existence and shall exercise all such functions as are
conferred on a Road Transport Licensing Board constituted under the repealed Ordinance until
there is established a Commercial Vehicles Licensing Board under section 3 to replace such
authority.
(4) Where any appeal in respect of a decision made under the repealed Ordinance is
pending before any right to appeal in respect of such decision has accrued, the proceedings in
respect of the appeal or in respect of any appeal under the accrued right to appeal, shall be
continued or had, as the case may be, under this Act as if in respect of a decision under this Act,
subject to all such directions as the authority or the court, as the case may be, may deem fit or
expedient to give in the matter.
58. Power of Minister to make additional provisions, etc.
The Minister may, by rules, make such provisions as he considers necessary or expedient for the
purpose of removing any difficulties occasioned by the coming into force of this Act, any such
rule may be made so as to have effect as from the commencement of this Act.