* Land Public Transport Act 2010

Original Language Title: * Land Public Transport Act 2010

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 715 PUBLIC TRANSPORT ACT 2010 As at 1 January 2015 2 PUBLIC TRANSPORT ACT 2010 date of Assent............... 2 June 2010 the date of publication in the Gazette......... 10 June 2010 3 laws of MALAYSIA Act 715 PUBLIC TRANSPORT ACT 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation part II PUBLIC TRANSPORT POLICY, planning and STRATEGY Chapter 1 policy and planning 3. The Commission's function in respect of policy and planning for public transport 4. Development policy and plan 5. The duty of the Government entities Chapter 2 Licensing terminal 6. Licensing terminal 7. Renewal of licence 8. Application for variation 9. Cancellation or suspension of licence 10. Transfer of licence prohibited 11. Duty of licensee terminals to keep records, etc.
4 laws of Malaysia ACT 12 Section 715. Duty of licensee terminal to tell the Commission chapter 3 Pricing Scheme for congestion area, route planning, etc.

13. Pricing Scheme for congestion area 14. Prohibition or restriction of use of road to facilitate movement of goods vehicles 15. Duty to consult with the Commission with respect to action set PART III public SERVICE VEHICLES and GOODS VEHICLES VEHICLES TRAVEL Chapter 1 Pelesanan public service vehicle operator 16. Requirements for operator's licence 17. Application for licence operators 18. Issuance of licence operators 19. Period of license operators 20. Short term operator licence 21. Changes while the use of a public service vehicle 22. Conditions that may be imposed on the operator's licence 23. Statutory license operators 24. Renewal of licence 25 operators. Documents required for the renewal of licence 26 operators. Application for variation of 27. Cancellation or suspension of licence operators 28. Prohibition relating to the operator's license suspended 29. The power of the Commission to replace 30 operator's license. Other transport interests shall be disclosed by the applicant 5 public transport section 31. Transfer of license operators prohibited 32. Reservation of 33 operators license. Limitations on the number of classes of public service vehicles set out 34. Classification and numbering of bus route 35. Protection of public interest chapter 2 Pelesanan 36 tourist vehicle. Requirements for licenses 37. Application for licence 38. Production licence 39. Period of licence 40. Short term licence 41. Conditions that may be imposed on the licence 42. Statutory license 43. License renewal 44. Application for variation of 45. Cancellation or suspension of a licence 46. Prohibition relating to licence suspended 47. Prohibition of use of travel vehicle licensed 48. Other transport interests shall be disclosed by the applicant 49. Transfer of licence prohibited 50. Protection of public interest chapter 3 goods vehicle operator Licensing 51. Requirements for operator's licence 52. Application for licence 53 operators. 6 operator licensing laws of Malaysia ACT 54 Section 715. Period of license operators 55. Short term operator licence 56. Temporary change of use of goods vehicles 57. Conditions that may be imposed on the operator licence 58. Statutory license operators 59. Renewal of licence operators 60. Documents required for license renewal to 61 operators. Application for variation of 62. Cancellation or suspension of licence operators 63. Prohibition relating to the operator's license suspended 64. The power of the Commission to replace 65 operator's license. Other transport interests shall be disclosed by the applicant is 66. Transfer of license operators are prohibited from 67. Reservation of 68 operator license. Protection of public interest chapter 4 obligations of licensee and licensed operators 69. Performance standards for licensed operators 70. Application by a licensed operator for approval to participate in the business or agreement 71. Duty of licensee and licensed operators to keep records, etc.
72. The obligation of the licensee and licensed operators to notify Commission 73. Variation of vehicle related 74. The production of reports, accounts, etc.
Chapter 5 fares and 75 freight. Public transport fares 7 Section 76. Freight Chapter 6 Various: specific enforcement provisions 77. Discontinue, withhold and checking vehicle related 78. Power to have roadblocks 79. The power to seize documents, etc.
80. The power to seize vehicles for certain related 81. The power to seize vehicles related to stop the offences continue, etc.
82. The determination of the weight of the vehicle related PART IV Chapter 1 RAILWAY train Scheme 83. 84 railway scheme. Approval for the railway scheme and deposit plan, clipping, etc.
Chapter 2 modification, alteration or expansion set for the railway scheme approved 85. Modification, alteration or expansion set for the railway scheme approved 86. Approval for the modification, alteration or expansion set for the railway scheme and approved deposit plan, information and other documents Chapter 3 construction and 87 works. Train will be built according to the plan approved 8 laws of Malaysia ACT 88 Section 715. Private land may be taken for train 89. The power of the railroad company to carry out all the work that needs to be 90. The power of the Commission in case of accident 91. Payment of compensation 92. Work facilities 93. An additional 94 works. The fence, a sign of the border guard or 95. Graded 96 flat crossing. Flat-crossing road 97. Flat-crossing suwa 98. Flat-crossing 99 works. Removal of hazardous trees to or prevent pengerjaan train 100. Notice regarding the felling or penebasan trees or forests adjoining train Chapter 4 a licence to operate the train and railway opening 101. Application for licence operator

102. Notice regarding proposed opening for 103. The Minister shall approve the opening train 104. Cancellation or suspension of licence operators 105. Examination of 106. The authority to close the railway having opened 107. Re-opening train after the close of 108. Reopening the railway after suspension while 109. General penalty for not complying with Chapter 4 part IV public transport 9 Chapter 5 duties of licensed operators Section 110. 111. The duties of licensed operators 112. Performance standards The production of reports, accounts, etc.
113. The Commission shall be notified of any change in control of the licensed operators, etc.
114. Chapter 6 Facilities traffic vocational license 115. Vocational license for 116 train-bound drivers. Licensed operators shall employ people who have a vocational license Chapter 7 Fare and freight 117. 118 fare. Freight 119. Timetable and fare list shall ditampalkan in the train station 120. Submission of the memorandum for any change in the existing fare structure, etc.
Chapter 8 specific Offences relating to train 121. Drunkenness or breach of duty by the 122 train. The use of inappropriate tools alert 123. Move, etc., pillars, spikes or other sign of 124. Entering or leaving coach train irregularities 125. Hold-in and enter and refused to leave the train full of 126. Invade train or railway premises 10 laws of Malaysia ACT 127 Section 715. Drive any vehicle or drive off any animals over or crossing railroad 128. Damage, whether intentional or negligent, etc.
129. Open or not closing properly get 130. Preventing or attempting to prevent malicious train 131. Gestures or cues that cause train stop 132. Harm or attempt to harm by malicious people, etc., traveling by train Chapter 9 Various specific enforcement: provision, etc.
133. General Penalty for breach of part IV, except for Chapter 4, 134 and subsidiary legislation. Lien for fares, freight and other charges 135. Disposal of unclaimed goods 136. A written declaration on the requisition for goods description 137. Power of entry of 138. Settlement of disputes between licensed operators respect the exercise of traffic with 139. Special powers during the Malayan emergency, 140. Restrictions on the implementation of the railway property 141. Obligations law 142 train officers. The arrest of offenders 143. Licensed operators are not a public carrier part V 144 INTEGRATION. Integration of public transport public transport 11 PART VI accident, INVESTIGATION and INVESTIGATION Chapter 1 Accident involving the train Section 145. Notice of an accident shall be given 146. Investigation of 147. The Minister may order an investigation of 148. The meaning of "accident" 149. Power to make rules in relation to a notice of an accident, etc.
150. Submission of statement 151 accident. Penalties for non-compliance with section 145 152. Penalties for non-compliance with section 150 153. Medical examination compulsory for people injured in train accident Investigation Chapter 2 154. Investigation by Commission 155. Conduct of investigation 156. Publication of the notice of inquiry 157. The investigation closed and secret materials 158. Report on inquiry 159. Protection from civil action 160. Express report Chapter 3 investigation of 161. The investigation by the Commission 12 laws of Malaysia ACT 715 Section 162. Complaints to the Commission 163. Conduct of investigation 164. The report on the survey of 165. Publication of report PART VII PROTECTION OUR CLIENTS and DISPUTE RESOLUTION Chapter 1 protection of 166 customers. Manage your customers 167. Standard customers 168. Public transport Forum 169. Functions of public transport Forum 170. Avoidance of contract dispute resolution 171 Chapter 2. Dispute 172. Dispute procedure 173. The Committee shall decide on the disputes notified 174. The decision shall be in writing 175. Registration of results of 176. Enforcement of the decision of the APPEAL TRIBUNAL 177 PART VIII. The establishment of a Tribunal of appeal 178. Membership of the Tribunal Appeal public transport 13 of section 179. Allowance of 180. Resignation and revocation of appointment of 181. Vacation of Office and the appointment of temporary 182. Disclosure of interest 183. The Secretary to the Appeal Tribunal and other officers 184. An appeal to the Appeal Tribunal 185. Record of decision or directive Commission 186. The postponement of decisions or orders pending appeal 187. The composition of the Appellate Tribunal 188. Conference on Tribunal Appeal 189. The Appeal Tribunal procedure 190. Power of Tribunal Appeal 191. The decision of the Tribunal Appeal 192. Enforcement of the decision of the Tribunal Appeal 193. Action immunity because the Act or omission made in good faith ASSUMPTION of CONTROL PART IX 194. Action by the Minister in certain circumstances 195. Action by the Minister in respect of a licensee, the licensed operator or licensee terminal for the sake of national interest 196. The provisions relating to the appointment under section 194 or 195 197. The provisions relating to the acquisition of control under section 194 or 195 part X OFFENCES and PENALTIES GENERAL 198. Carry with illegal goods or luggage or harmful harmful 14 laws of Malaysia ACT 715 Section 199. Entering or leaving coach train, public service vehicles or vehicle travel, etc., during moving or traveling irregularities 200. Profanity or indecent or nuisance 201. Act or omission intentionally harmful 202 passengers. Negligent act 203. 204. No-smoking Making false statements, etc.
205. Urges or pressing 206. Penalties for fraud PART XI POWER INFORMATION GATHERING and PROVISION for the ENFORCEMENT of Chapter 1 information gathering Powers 207. Whistleblowing 208. Proof of compliance with 209. The Commission may retain documents 210. Access to records of 211. Incorrect record 212. Records information 213. Publication information 214. Errors due to non-compliant Chapter 2

Powers of enforcement officers appointed 215. Officials appointed public transport 15 Section 216. 217 investigation power. The power of arrest 218. Search and seizure warrants with 219. Search and seizure without a warrant 220. Access to computerized data 221. A warrant is admissible even if flawed 222. List of books, documents, etc., seized 223. The release of books, documents, etc., seized 224. The power to require the attendance of the person who has knowledge of the 225 cases. Examination of the people with knowledge of the case of 226. Admissibility of statements as evidence of 227. Forfeiture of books, documents, etc., seized 228. The cost for holding books, documents, etc., seized 229. There are no costs or damages arising from seizure can be obtained 230. The extra power Chapter 3 powers of enforcement police officer, etc.
231. The power of the police in the investigation 232. Road Transport Officer in the investigation of 233. Officer was appointed who was not dressed in uniform shall produce identity cards Chapter 4 a variety of 234. Hurdle 235. Compounding of offences 236. The Commission shall be notified of the conviction and compound 16 laws of Malaysia ACT 715 Section 237. Reclaim fares, freight, special charges, etc.
238. The provisions concerning the certificate of 239. Presumption 240. Kebertanggungan the registered owner and others in respect of vehicle related 241. Prosecution 242. Offences by body corporate 243. Abetment and attempt is punishable as an offence of 244. The whistleblower protection 245. Presentation document 246. Inaccuracies in the document PART XII AM 247. Public transport fund 248. Reporting to the Minister of industry performance 249. Express 250. Instructions by the Commission 251. General exclusions 252. Power of Minister to make regulations 253. The power of the Commission to make rules 254. Penalty for subsidiary legislation 255. Minister's power to amend the schedule of 256. The Commission's power to issue guidelines or circulars 257. Public authorities Protection Act 1948 258. Legal protection and legal proceedings the FIRST SCHEDULE SECOND SCHEDULE 17 laws of MALAYSIA Act 715 PUBLIC TRANSPORT ACT 2010 an act to provide for and regulate public transport and for matters incidental thereto.

[31 January 2011 with the exception of section 6 to 12, P.U. (B) 43/2011]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title, commencement and application 1. (1) this Act may be cited as the public transport Act 2010.

(2) this Act shall apply to Peninsular Malaysia.

(3) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates — (a) for the commencement of this Act in different parts in Peninsular Malaysia;

(b) for the commencement of the provisions or parts of different parts in this Act; or 18 laws of Malaysia ACT 715 (c) for the commencement of different provisions in this Act in different parts of Peninsular Malaysia.


Interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;

"luggage" means any article for use in its own facilities and normally carried by passengers but not, except in the case of travel merchants, including objects brought for the purpose of business, trade or profit;

"goods" means the goods or any burden of any description, but do not include baggage;

"pricing for congestion charge area" means any direct charge imposed specifically for road usage associated with any pricing scheme for congestion area;

"Government entity" means — (a) the Federal Government, or any State Government, the State authority or local government; and (b) any Ministry, Department, Office, agency, authority, Commission, Board, Council, Committee or other body, incorporated or unincorporated, for the Federal Government, or any State Government or local government, whether established under law or otherwise;

"the road" has the meaning assigned to it in the road transport act 1987 [Act 333];
Public transport 19 "rate" includes any fares, freight, charges or other payments for transporting any passenger or bagasinya, or goods;

"class" includes being kind or category;

"vehicle" has the meaning assigned to it in the road transport act 1987;

"goods vehicle" means — (a) any motor vehicle constructed or adapted for use for carrying goods or a trailer constructed or adapted in such a way; or (b) any motor vehicle or trailer which is not constructed or adapted to carry such goods when used alone or in addition to the passenger;

"motor vehicle" has the meaning assigned to it in the road transport act 1987;

"a tourist vehicle" means a motor vehicle which is categorized under any of the class described in the second schedule;

"public service vehicle" means a motor vehicle which is categorized under any of the class described in the first schedule;

"related vehicle" means — (a) every public service vehicles from a public service vehicle classes used to handle or hold a service public service vehicle operator licence specified in issued under Chapter 1 part III;

20 laws of Malaysia ACT 715 (b) every goods vehicle of a particular class of goods vehicles used to handle or hold a service vehicle goods set out in the licence operator issued under Chapter 3 part III; and (c) each tourist vehicle identified in licence issued under section 2 of part III;

"railway" means any type of public railway carriage

passengers or goods or both, or any part thereof, and includes — (a) all rail, beam, cable, lateral, or branch that worked for the purpose of, or in connection with, a train;

(b) all stock car that is used for the purpose of traffic;
(c) to the extent permitted by the context, a train that is currently under construction by or for any railroad company; and (d) any system of missile guided system or of a prescribed class as a railway for the purposes of this Act, but does not include — (A) the Penang Hill Railway;
(B) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly to carry passengers in any premises entertainment or recreation; and (C) any other prescribed railway;
"Director General" means the Director General of the road transport appointed under section 3 of the road transport act 1987, and public transport 21 including Deputy Director General, Director or Deputy Director;

"conductors" means — (a) any person authorized under this Act to act as a conductor of a train; or (b) a person licensed under the road transport act 1987 to act as a conductor of a public service vehicle;

"Fund" means the land public transport Fund established under section 247;

"Council of national physical plan" has the meaning assigned to it in the town and country planning Act 1976 [Act 172];

"parking" means bring a motor vehicle into the stationary condition and cause them to wait for any purpose other than taking or lose immediately people, goods or luggage;

"fix" means set by regulations;

"Minister" means the Prime Minister;

"person" includes an individual, company, partnership, and any other body of persons, incorporated or unincorporated another;

"appointed officer" means any employee of the Commission or any other public officer, other than police officers and road transport officer, appointed by the Commission pursuant to section 215;

"train officer" means any person employed by or on behalf of any railroad company which was a licensed operator, to carry out any of the functions associated with a train;
22 laws of Malaysia ACT 715 "road transport officer" means any person appointed to be an official road transport under the road transport act 1987;

"police officer" includes an extra police officer, police officer or police officer voluntary savings Assistant appointed under the Police Act 1967 [Act 344];

"the tourist" has the meaning assigned to it in the tourism industry Act 1992 [Act 482];

"customer" means any passengers carried in a public service vehicle, motor vehicle or train travel, and includes the tenant a service of goods vehicles;

"driver" means a person who at the time was driving a vehicle or train, as the case may be, and in the case of a vehicle or a stationary train, including the person who at the time was responsible for driving a vehicle or the railway;

"tour guide" has the meaning assigned to it in the tourism industry Act 1992;

"licensee" means the holder of a licence issued under section 2 of part III;

"terminal licensee" means the holder of a licence issued under section 2 of part II;

"owner" — (a) in relation to a motor vehicle registered or deemed to have been registered under the road transport act 1987, means the registered owner of the vehicle; Public transport and 23 (b) in relation to any other motor vehicle, means the person in possession or that is using or entitled to use of the motor vehicle;

"public transport" means transport on land using public land transport of passengers and goods transport, and includes public land public transport service, terminal, facilities, networks, systems, operations and other services related to such transport or public transport service;

"public goods land transport" means the carriage of goods on land using a goods vehicle or train;

"public passenger inland transport" means the carriage of passengers, including bagasinya, on land using a public service vehicle, motor vehicle or train;

"licensed operator" means — (a) a licensee operators issued under Chapter 1 part III;

(b) a licensee operators issued under Chapter 3 part III; or (c) a licensee operators issued under part IV;

"tourism industry" has the meaning assigned to it in the tourism industry Act 1992;

"Administrator" has the same meaning given to "Land" by section 5 of the national land code 1965 [Act 56/1965];



24 laws of Malaysia ACT 715 "passenger" — (a) in relation to a person within a public service vehicle, excluding driver or conductor or any other employees licensed operators authorized to check the payment of the fare in the discharge of his duties;

(b) in relation to a tourist who brought in a tourist vehicle, excluding driver or guide;

(c) in relation to a person who brought in a train, not including the driver or conductor or any other employees licensed operators authorized to check the payment of the fare in the discharge of his duties; or (d) in relation to a person who brought in a goods vehicle, excluding driver or any kelindan required by law to be carried in the vehicle;

"fare level", in relation to a path

permitted in an operator licence for a public service vehicle service, means any division of the route for the purpose of organizing a table of fares;

"service goods vehicle" means the carriage of goods of any third party using a goods vehicle for rent or wages or in connection with a trade or business;

"a tourist vehicle services" means the carriage of tourists using a tourist vehicle with consideration of costs that do not have levels of fares;

"service public service vehicle" means the carriage of passengers by using one or more public transport vehicles 25 public service of the same class or in different classes, either to rent or wages or any other valuable consideration or value of money or otherwise;

"rail services" means the carriage of passengers or goods or both by using a train;

"public transport service" means — (a) the carriage of passengers using public land transport passenger; and (b) the carriage of goods by using public land transport of goods;

"business travel vehicle" means the business of operating or rent a vehicle to transport tourists tourism;

"local authority" has the meaning assigned to it in the local Government Act 1976 [Act 171] and the order of the Federal territory of Putrajaya (modification of the local Government Act 1976) 2002 [P.U. (A) 142/2002];

"appropriate authority" has the meaning assigned to it in section 67 the road transport act 1987;

"railway premises" means all premises under the control of or occupied or used by a railway company which is licensed operators;

"National physical plan" has the meaning assigned to it in the town and country planning Act 1976;

"structural plan" has the meaning assigned to it in the town and country planning Act 1976;




26 laws of Malaysia ACT 715 "railway reserve" means — (a) all land reserved accordingly, whether before or after commencement Railway Act 1991 [Act 463], for the purposes of the Federated Malay States Railway or Johor State Railway or Railways under the provisions of section 62 the national land code 1965 or under a corresponding provision in any law previous land as defined in the national land code 1965; and (b) all land deemed to reserve railway under the provisions of section 16 or 17 Railway Ordinance 1948 [M.U. Ord. 8/1948] which repealed laws;

"the railway scheme" means a scheme for the construction of any train that is stored with the Commission in accordance with part IV;

"congestion pricing scheme for area" means a scheme implemented in an area is determined, the goal is to reduce traffic congestion or adverse impact to the environment that are related, or both, to impose a congestion pricing charges for specified areas of motorists in the area;

"stock car" includes tender, motor coach, train, trolley, truck, fleet, the carrier of any kind and locomotion and other types of engines used on a train;

"Commission" means the land public transport Commission established under the land public transport Commission Act 2010 [Act 714];

"company" has the meaning assigned to it in the companies Act 1965 [Act 125];

"railway company" includes any person, whether incorporated or not, which is the owner or recipient public transport 27 lease of a train or a party to an agreement for pengerjaan a train;

"fare" includes all sums received or receivable and all sums charged or be charged for transporting passengers;

"freight" includes all sums received or receivable and all sums charged or be charged for the carriage of goods;

"due date" means the date this Act or parts of this Act come into force;

"terminal" means a single station or a variety of capital and transport centre specialising in public transport or part or if it exceeds in relation to public transport;

"Appeal Tribunal" means the Appeal Tribunal established under section 177;

"the law of the land public transport" means this Act and land public transport Commission Act 2010, and includes any subsidiary legislation made under this law.














28 laws of Malaysia ACT 715 PART II PUBLIC TRANSPORT POLICY, planning and STRATEGY Chapter 1 policy and planning functions of the Commission in relation to policy and planning for public transport 3. (1) the Commission shall advise the Minister on all matters relating to policy and planning relating to public transport.

(2) the Commission shall recommend policies and plans, including the scheme and program relating to or affecting public transport, for the approval of the Minister, and develop strategies in line with the policy and approved the plan with a view to reaching a public transport that is safe, reliable, efficient, responsive, easily accessible, organized, integrated and sustainable manner, while ensuring the provision of services which can be paid for carriage of passengers with the most competitive for the carriage of goods.

(3) without prejudice to the generality of its obligation under subsection (2), the Commission shall develop, for the approval of the Minister: (a) public transport master plan the country for twenty years that contains macro-level policies and plans, including programmes and schemes for public transport, such as scheme described in paragraph 253 (1) (o); and (b) public transport master plan region for twenty years that contain policies and plans, including programmes and schemes for public transport,

29 based on public transport master plan described in paragraph (a).

(4) the Commission shall, for the purposes of fulfilling its obligations under subsection (3), develop public transport master plan and a separate national territory in respect of public passenger transport and haulage land public for approval of the Minister.

(5) public transport Master Plan of the country shall be reviewed by the Commission every ten years.

(6) Notwithstanding subsection (5), any document described in subsection (3) shall be reviewed by the Commission at such intervals or at any time be directed by the Minister.


Development policies and plans 4. In developing policies and plans, including the scheme and program described in section 3, the Commission shall — (a) beruding with State Government;
(b) consult with other Government Entities, if applicable;
(c) consult with national physical planning Council, if applicable;

(d) ensure that its proposal complied with in general national physical plan;

(e) ensure that its proposal complied with in general State structure plan under the town and country planning Act 1976 in force, whether they have come into operation or not; and (f) take into consideration — 30 laws of Malaysia ACT 715 (i) national policies, regional and State; and (ii) any information and other considerations that turned out at the Commission as relevant or as directed by the Minister in order to be taken into account.


The duty of the Government entities 5. Be the duty of every Government entity to — (a) take out about — (i) any policies and plans, including the scheme and program described in subsection 3 (2) approved by the Minister and specified in the circulars and guidelines issued by the Commission under this Act; and (ii) the contents of the master plan described in subsection 3 (3) approved by the Minister; and (b) give consideration to policies, plans, strategies, initiatives and other recommendations proposed by the Commission relating to or affecting public transport, other than those included in the scope of paragraph (a).

Chapter 2 Licensing Licensing terminal terminal 6. (1) subject to sections 194 and 195, no person shall operate any terminal unless he holds a licence issued under this section.

Public transport 31 (2) an application for a licence under this section shall be made to the Commission in the form and manner specified by the Commission and shall be accompanied by the prescribed application fee and any information and documents set out by the Commission.

(3) the applicant shall give the Commission full information about its financial position to prove his ability to maintain and operate the terminal sufficient, satisfactory, secure and efficient.

(4) subject to this Act, the Commission may, when an application is made for a licence under this section — (a) approve the application in whole or in part or by any modification deemed fit by the Commission, and, on payment of the prescribed fee, issue a licence to the applicant; or (b) refuse the application.
(5) every licence issued under this section shall state the duration of the licence and the Commission may impose such conditions on the licence that includes — (a) the extent of, and the level of general services at the terminal;
(b) maintenance and operation of the terminal and any fittings in it;

(c) safety and security of the person using or involved in any work at the terminal;

(d) the maximum fee prescribed due to the licensee's terminal by licensee and licensed operators for the use of the terminal;

(e) the conditions and the use of the terminal by the employees, agents, tenants and contractors the terminal licensees and the public; and 32 laws of Malaysia ACT 715 (f) performance standards that must be observed by licensees maintain and operate terminals in the terminal.

(6) the Commission may, at any time, add, cancel, or amend any conditions imposed on a licence issued under this section.

(7) the issuance of a licence by the Commission under subsection (4) shall not impose any obligations on the Commission for any loss or damage caused by any act, omission or default of a licensee the terminal.

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

(9) a licensee terminal that does not comply with any conditions imposed on a licence under subsection (5) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Renewal of licence 7. (1) subject to subsection (2) and (3), the Commission shall, on application made by the licensee, renew the license terminal with such conditions as it deems fit by the Commission or reject the application.

(2) an application to renew a licence under subsection (1) shall be made at least ninety days before the expiration date of such licence and shall be accompanied by the prescribed renewal fee and any documents specified by the Commission.
Public transport 33 (3) if the applicant fails to comply with subsection (2) and does not give any reason deemed reasonable by the Commission, the Commission may refuse to proceed with, hear or determine the application.

(4) If no application for renewal of a licence is submitted, the licensee terminal shall within fourteen days from the date the license return the licence to the Commission.


Application for variation 8. When the application is made by the licensee terminal for variation of a licence or conditions of licence, the Commission shall have full power in its discretion —


(a) to approve the application in whole or in part;

(b) to refuse the application; or (c) to order any variation on the license or license terms that, in addition to the variation set out in the application.


Cancellation or suspension of licence 9. (1) the Commission may, by written notice to Licensee and terminal without any compensation, cancel or suspend any licence issued under section 6 — (a) if any provision of this Act or any condition of the licence is not complied with;

(b) if the issuance of the licence is driven by a false representation of fact by or on behalf of the licensees of the terminal; or 34 laws of Malaysia ACT 715 (c) in the event of death, incapacity, bankruptcy or, in the case of a corporation, company, licensee or the terminal, where a receiver or manager appointed in connection with the business of handling terminal by terminal licensees the Commission: provided that — (A) in the case of paragraph (a), may in lieu of the cancellation or suspension of licence to appoint a third party to correct the breach and recover the cost of the correction of the licensee of the terminal;

(B) in the case of breach of any conditions of the licence under paragraph (a), can't cancel or suspend the licence unless it is satisfied, after giving licensees the terminal an opportunity to make any representations in writing that he pleases to pick from, that caused the default frequency, or default is done intentionally or danger to the public involved in the breach of the , the license should be revoked or suspended; or (C) in the case of a breach of any provision of this Act under paragraph (a) or paragraph (b) or (c), can not cancel or suspend the licence unless it is satisfied that, after giving licensees the terminal an opportunity to make any representations in writing that he pleases to pick from, the license should be revoked or suspended.

(2) If a licence — (a) has been revoked, it shall have effect from the date of the revocation and the terminal licensees shall within fourteen days from the date of revocation of the license return the license to the Commission; or (b) have been suspended, it has no effect during the period of the suspension.
Public transport 35 transfer of licence prohibited 10. (1) subject to subsection (3), a licence issued under section 6 shall be designed for the terminal licensees, and cannot be transferred or diserahhakkan.

(2) a licensee terminal in violation of subsection (1) commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(3) Notwithstanding paragraph 9 (1) (c), the Commission may, in the event of death, incapacity, bankruptcy or, in the case of a company, company, licensee or the terminal, where a receiver or manager appointed in connection with the business of handling terminal licensees the terminal or, if for any reason the Commission is satisfied that it is unfair not to do so, allowing the transfer of the license.


Obligations of holder of own terminals to keep records, etc.

11. (1) a licensee be the duty terminal to store any accounts and records as may be required by rules made by the Commission under paragraph 253 (1) (mm) in connection with the license issued to him.

(2) a licensee who fails to comply with subsection terminal (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


36 laws of Malaysia ACT 715 Obligations licensee terminal to tell the Commission 12. (1) be the duty of every licensee terminal, at all times, to inform the Commission immediately of the following: (a) any proceeding or claim initiated or made against the licensee of the terminal that may have an adverse effect on its financial condition or against its ability to implement such conditions under the licence;

(b) any sanctions or penalties imposed on the licensees of the terminal by any Government entity; and (c) any change in the control of the licensee of the terminal.

(2) for the purposes of this section, "control" in relation to a licensee terminal, means has the power, directly or indirectly, to direct the management and policies of the licensee of the terminal.

(3) a licensee who fails to comply with subsection terminal (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.

Chapter 3 the congestion pricing Scheme for route planning, spaces, etc.

Pricing scheme for congestion area 13. (1) Notwithstanding anything in any other written law, the Minister may, by order of the public transport 37 published in the Gazette, set pricing for congestion charge area shall be paid by road users located within any area specified, provided that an order in respect of any road which is located within the jurisdiction of an authority may be described in paragraph 67 (a) , (b), (c) and (e) the road transport act 1987 shall be made with the agreement of the authorities in question.

(2) an order under subsection (1) shall state — (a) section of the road in an area determined in respect of which a charge pricing for congestion area can be claimed, collected and held save;

(b) the authorized person to claim and collect, and those authorized to retain, congestion pricing charges for the area, including the duration of the authorisation;;


(c) duties and obligations of authorized person under paragraph (b);

(d) the person and the vehicle class in respect of which pricing for congestion charge area can be claimed, collected and held save;

(e) the rate or rates for pricing for congestion charge area that may be imposed;

(f) the time and mode of payment pricing for congestion charge area, including public collection points or the time and the money shall be paid;

(g) a person or class of vehicle to be exempted from the payment of charges for area congestion pricing for any period specified in 38 laws of Malaysia ACT 715 of the order, subject to such conditions as he deems fit to impose in connection therewith; and (h) any other circumstances or other conditions, which are not included in this subsection relating to claims, collection and holdings save for congestion pricing charges that area.

(3) any person who fails to pay the congestion pricing charge for spaces in the manner specified in the order under subsection (1) or regulations made under this Act commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4) If a charge pricing for congestion areas set out under this section in respect of any road which is located within the jurisdiction of a party authority described in paragraph 67 (a), (b), (c) and (e) the road transport act 1987 — (a) responsibility for the claim and collect revenue for congestion pricing charges such diserahhakkan to the authorities in question;

(b) the authority in question shall pay or cause to be paid the remaining part of the congestion pricing charge for that area into the Fund in accordance with subsection (5) after is meant for any amount described in paragraph (c) and (d);

(c) the authority in question shall be entitled to any share of the proceeds for congestion pricing charges that area and diserahhakkan to it by the Minister from time to time; and (d) the authority in question shall be reimbursed at actual documented costs for public transport expenditure 39 side necessarily incurred, with the prior written consent of the Minister, in connection with the implementation of its responsibilities under paragraph (a).

(5) section remaining of pricing for congestion charge area claimed and collected in accordance with an order under this section shall, after is meant for all amounts payable under paragraph (4) (c) and (d) to the relevant authorities, be paid into and form part of the Fund, in the prescribed manner.

(6) for the purposes of this section — "collection" shall include retrieving in legally or otherwise any pricing for congestion charge area or part thereof;

"collection points" means the points specified in an order under this section as a point where pricing for congestion charge area due to and collected by the authorized person in order to claim and collect the congestion pricing charge for that area.

(7) Notwithstanding any other written law, no government entity may exercise its rights to charge, demand, collect and retain any pricing for congestion charge area or any proceeds thereof under any other written law or otherwise, without the approval of the Minister.


Prohibition or restriction of use of road to facilitate movement of goods vehicles 14. (1) without prejudice to section 13, the Commission may, by order published in the Gazette, prohibit or restrict the use of roads by vehicles laid down in those specified to facilitate movement of goods vehicles, provided that an order 40 laws of Malaysia ACT 715 in respect of any road which is located within the jurisdiction of an authority concerned shall be made with the agreement of the authorities in question.

(2) any person who contravenes an order made under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.


Duty to consult with the Commission with respect to the actions that set 15. (1) subject to subsection (2), be the duty of every Government entity to negotiate with the Commission before undertaking any of the following actions, as permitted under any written law for any reason specified therein: (a) prohibition or restriction, which is not part of any pricing scheme for congestion area or any order made under section 13 in respect of such class or description of motor vehicles , or a motor vehicle with a certain number of passengers, either permanently or for a period for any period of time specified, from using any road specified which is located within the jurisdiction of the relevant government entities;

(b) the deviation of any road due to road works, drainage or public work or other public facilities or accidents that are not included in paragraph (a);

(c) regulating conditions subject to it, and the time when, things weighing unusual or exceptional dimension largely can be taken on the road, public transport 41 except so far as that power is carried out pursuant to paragraph 88 (1) (e) the road transport act 1987;

(d) planning a network of federal roads and highways;

(e) regulating conditions subject to it, and the time when, the goods can be loaded into or offloaded from vehicles or vehicle of such class or description on the road, except to the extent that power is carried out pursuant to paragraph 88 (1) (g)

The road transport act 1987;

(f) make rules about the priority that should be observed between the traffic heading towards the same direction, or the opposite direction, or when crossing the street, except to the extent that power is carried out pursuant to paragraph 88 (1) (h) the road transport act 1987; or (g) any other actions that may cause an obstruction on the road, as may be prescribed.

(2) where it is not reasonably expedient or practical to consult with the Commission before taking any ad hoc action described in subsection (1), except that any matter under paragraph (1) (d), whether for the purpose of protecting public safety, maintaining and preserving law and order or for the prevention or detection of crime, the relevant government entities shall notify the Commission of the action as soon as reasonably practicable after such action is taken.

(3) if dirundingi about any matter described in subsection (1), the Commission shall give syornya as soon as a practicable and Government entities shall, taking into account its responsibilities under section 5, give consideration to the recommendations.



42 laws of Malaysia ACT 715 PART III PUBLIC SERVICE VEHICLES, VEHICLE TRAVEL and GOODS VEHICLE operator Licensing Chapter 1 public service vehicle operator licence for Requirements 16. (1) subject to sections 194 and 195, no person shall operate or hold a public service vehicle service by using a class a public service vehicle unless he holds a licence operator issued under this chapter.

(2) for the purposes of this chapter, a person is deemed to operate or hold a public service vehicle service if he — (a) use or driving a public service vehicle of a class public service vehicles on its own; or (b) employ one or more to use or driving a public service vehicle of a class public service vehicles, to handle or hold a public service vehicle service, and — (A) he has a public service vehicle; or (B) he shall be liable, under any form of arrangement with the owner or lessor of vehicles the public service to manage, maintain or operate public service vehicles that.

Public transport 43 (3) a person who intends to operate or hold a service public service vehicles by using more than one class of public service vehicles must apply for separate operators license under this section to operate or hold a public service vehicle service in respect of each class of public service vehicle such.

(4) subsection (1) shall not apply to the use of any public service vehicle or class of vehicle specified in the public service.

(5) subject to subsection (4), a person, other than a company or Corporation, who contravenes subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(6) subject to subsection (4), a company or corporation who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit.


Application for licence operators 17. (1) an application for an operator's licence under this chapter shall be made to the Commission in the form and manner specified by the Commission and shall be accompanied by the prescribed application fee.

(2) the applicant shall give the Commission the following information relating to the application: (a) complete information of the details of the route in relation to the application and the proposed frequency of services to be held;

44 the laws of Malaysia ACT 715 (b) a letter of approval from the relevant local authorities on the adoption of a pit stop or terminal facilities in the area of the local authority where the path;

(c) a justification for the report;
(d) class and the maximum number of public service vehicles of the class to be conducted by the applicant;

(e) the applicable fare or fare structure and surcharges, if any, proposed to be imposed on passengers who are travelling with the public service vehicles;
and (f) any other information as determined by the Commission.

(3) the Commission may refuse to register, continuing with or hear or decide an application, and may require that the application is amended or completed with appropriate and submitted again or that a new application is submitted in its place if — (a) the application form is not completed properly by reason of any omission or error description;

(b) the application form contains any error or alteration;

(c) the applicant does not provide documents or information required under subsection (2) within the time specified in the requirements or any extension of time granted by the Commission; or (d) the application does not comply with any other requirements that may be prescribed.



Public transport operator licence issuance 45 18. (1) subject to this Act, the Commission may, when application is made for a licence operator under this section — (a) approve the application in whole or in part or by any modification by the Commission thinks fit, and after paid the prescribed fee, issue a licence to the operator to the applicants; or (b) refuse the application.
(2) the issuance of a licence operators by the Commission under subsection (1) shall not impose any obligations on the Commission for any loss or damage caused by any act, omission or default of the licensed operator.


Period of license operators 19. An operator license issued under this chapter

shall, unless superseded or revoked, remain in force for such period as may be determined by the Commission, provided that such period shall not exceed seven years.


Short term operator licence 20. (1) where an application has been made for a licence operator under this chapter, the Commission may, if administrative reasons or on the grounds that it thinks fit keterdesakan thing made such pending the application is disconnected, issue to the applicant a licence operator short term for such period and subject to such conditions as he thinks fit.


46 laws of Malaysia ACT 715 (2) a short term operator licence shall cease to have effect from the date on which the Commission gives its decision against the application, and in any case whatsoever can not force more than twelve months.


Changes while the use of public service vehicles 21. Notwithstanding anything contained in this Act, the Commission may, on an application made by a licensed operator, allowing for a period not exceeding three months and subject to such conditions as he thinks fit to impose, licensed operator for a class of certain public service vehicles to use a public service vehicle from any other class.


Conditions that may be imposed on the licence operator 22. (1) subject to this Act, the Commission may impose on a licence operator issued under this section such conditions as he thinks fit, and in particular — (a) that the licensed operators shall, in relation to a licence, simply use pengendalinya — (i) a public service vehicle class of vehicles the public service as specified in the operator's license; and (ii) so the number of public service vehicles from class a public service vehicle as determined by the Commission, taking into account, in particular, any limitations as determined by the Minister in accordance with section 33, to handle or hold a public service vehicle service as specified in the operator's license; Public transport and 47 (b) that the licensed operators shall have the obligations, rights, obligations or restrictions as may be imposed by the Commission in respect of the services public service vehicles operated or held by him and facilities, if any, held by him, including — (i) point, hours, frequency and route or area to be given service;

(ii) the level of performance of the services to be provided to passengers;

(iii) the behavior of the driver and the conductor public service vehicles;

(iv) measures to protect the security of passengers and other road users including — (A) the requirement that passengers cannot be retrieved or revealed except at the points specified in the operator's license or cannot be retrieved or revealed between specified points; and (B) the requirement that passengers in excess of the number specified cannot be carried at any one time in all public service vehicles;

(v) the type of document to be taken and the information to be displayed in every public service vehicle, such as a copy of the license operators, timetables and fare, and which may be inspected;

(vi) that the licensed operators shall keep and submit when requested for inspection and verification of accounts, documents and records that, in addition to 48 laws of Malaysia ACT 715 documents referred to in subparagraph (1) (b) (v); and (vii) the requirement that every public service vehicles are stored in a place specified when not in use.

(2) the Commission may, at any time at its discretion, add, cancel or vary any of the conditions imposed on an operator's licence under this section.

(3) a licensed operator who fails to comply with any conditions imposed on the licence of an operator commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Statutory license operators 23. (1) be a condition for every operator's license issued under this chapter — (a) that a public service vehicle is maintained in good condition and can be use as determined by the Director General;

(b) that the licensed operators and employees who drive public service vehicles that give the highest priority to the safety of the passengers and other road users and shall, in particular, ensure that all the provisions of this Act and all applicable written law to the other with respect to matters described under appropriately in relation to the public service vehicles or in connection with use or its operation Public transport: 49 (i) speed limit imposed in respect of a public service vehicle or class;

(ii) weight with load and without load and loading a public service vehicle; and (iii) the construction, use and equipment motor vehicles in General and, in particular, public service vehicles, as the case may be; and (c) that the duty of a person licensed operators under Chapter 4 of this part are complied with in full.

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


24 operator license renewal. (1) subject to subsection (2), any operator licensed under this chapter, the satisfaction of the Commission that since the date of issuance of the licence of the operator, he has lawfully and continuously holding satisfactorily and efficiently a service public service vehicles in accordance with the terms and conditions of the operator's licence, shall when making application to the Commission for the operator license renewal, takes precedence of all other applications for licences the operators to carry out such service or business

operate or hold such service which is largely the same as the services have been operated or held by the licensed operator.



50 laws of Malaysia ACT 715 (2) subject to subsection (3) and (4), the Commission may, on an application made by the licensed operator, the operator's licence renewal upon such conditions as it deems fit by the Commission or reject the application.

(3) an application for renewal of licence operator under subsection (1) shall be made at least ninety days before the expiration date of the existing operator license and should be accompanied by the prescribed renewal fee.

(4) if the applicant fails to comply with subsection (3) and did not give any reason deemed reasonable by the Commission, the Commission may refuse to proceed with, hear or decide the application.

(5) where no application for renewal of licence operators presented, the licensed operators shall, within fourteen days from the date the return operator license operator licence to the Commission.


Documents required for license renewal 25 operators. (1) an application for renewal of licence operators to handle or hold a service public service vehicles should be accompanied by the following documents: (a) a the audited financial statements of the applicant; and (b) a performance report for the previous year in relation to — (i) the total number of passengers carried;
(ii) the total number of operational mileage and results;
(iii) the amount of actual number of trips undertaken and scheduled;

Public transport 51 (iv) estimate the number of public service vehicles which are required to provide efficient service for a specific route; and (v) evidence of compliance with the conditions referred to in paragraph 23 (1) (a) and any approval or other related license granted by the relevant authorities as may be specified by the Commission.

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

Application for variation of 26. Subject to this Act, when an application is made by the licensed operators for the variation of the operator's license or license terms that operators, the Commission shall have full discretion — (a) to approve the application in whole or in part;

(b) to refuse the application; or (c) to order any variation of a licence of the operator or the operator's license terms other than the variation set out in the application.


Cancellation or suspension of licence operators 27. (1) the Commission may, by written notice to licensed operators and without any compensation, cancel or suspend a licence operator issued under this chapter — 52 laws of Malaysia ACT 715 (a) if any provision of this Act or any condition of the licence operator is not complied with;

(b) if the operator's licence production driven by false representation of fact by or on behalf of the licensed operators;

(c) in the event of death, incapacity, bankruptcy or, in the case of a company, the company that licensed operators, or, where a receiver or manager appointed in respect of the business of operating or hold services public service vehicle operator licensed it; or (d) if it is satisfied that a public service vehicle used in connection with the operator license to operate or hold a public service vehicle service issued under this chapter have been used or intended for use for a purpose, which is unlawful, or that the original purpose for which the operator's licence issued no longer exist: provided that the Commission — (A) in the case of breach of any conditions of the licence operator under paragraph (a) , can not cancel or suspend the operator's licence unless it is satisfied, after giving the licensed operator an opportunity to make any representations in writing that he pleases to pick from, that caused the default frequency, or default is done intentionally or danger to the public involved in the breach, the operator's license should be revoked or suspended; or (B) in the case of a breach of any provision of this Act under paragraph (a) or paragraph (b), (c) or (d), can not cancel or suspend the operator's licence unless it is satisfied that, after giving public transport 53 licensed operators is an opportunity to make any representations in writing that he pleases to pick from, the operator's licence should be revoked or suspended.

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

(3) If an operator's licence — (a) has been revoked, it shall have effect from the date of the revocation and the licensed operators shall within fourteen days from the date of cancellation of the licence of the operator the operator to return the license Commission; or (b) have been suspended, it has no effect during the period of the suspension.


Prohibition relating to the operator's license suspended 28. (1) a licensed operator license pengendalinya has been suspended under section 27 may not, during the period of the suspension, handle or hold a public service vehicle service permitted by such operator license or otherwise use, or cause or permit the use of any public service vehicle that is allowed to be used under the license terms of the operator.

(2) a licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.


54 laws of Malaysia ACT 715 Power Commission to replace the license operator


29. (1) The Commission shall, in the exercise of its discretion, have the power to replace a licence operator to handle or hold a public service vehicle service that uses a class public service vehicle operator licence to operate with or hold a public service vehicle service that uses the classes in other public service vehicle, if the Commission is satisfied that there is a need to carry passengers in class public service vehicles that are different from class a public service vehicle operator licence specified in issued under Chapter This is for the purpose of — (a) restructure or returning to public service vehicles operated or held by the licensed operator of the class public service vehicles that are different; or (b) restructure or returning to public service vehicles operated or held by the licensed operators of public service vehicles classes are the same.

(2) before replacing a licence operator under subsection (1), the Commission shall issue a written notice not less than one year before the date of the proposed replacement to the licensed operator which States the intention of the Commission to replace the operator's license.

(3) an operator's licence that replaces any licence operator under subsection (1) shall take effect from the date of the replacement.

(4) when the replacement operator licence comes into operation, the operator license replaced under subsection (1) is void and shall be surrendered to the Commission within fourteen days from the begin to the currency of the replacement operator license.
Public transport 55 other transport Interests shall be disclosed by the applicant 30. (1) without prejudice to section 17 or 26, any person applying for a licence operator or for variation of a licence operator or any of the conditions of licence of the operator shall disclose or submit the application form as may be determined by the Commission — (a) any licence or license other operators that have been issued under this Act;

(b) financial interest whatsoever which is owned by him in the business of any other persons who hold services or facilities for public transport in Peninsular Malaysia; and (c) any interest or right which by any other person in his business and, in the case of an applicant which is a company, any right which by others to nominate any Director of the company.

(2) If an applicant for an operator's license under this chapter shall not disclose the information required under subsection (1), he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


Transfer of license operators are prohibited from 31. (1) subject to subsection (3), an operator's licence issued under this chapter shall be licensed to the operator, and shall not be transferred or diserahhakkan.


56 laws of Malaysia ACT 715 (2) a licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(3) Notwithstanding paragraph 27 (1) (c), the Commission may, in the event of death, incapacity, bankruptcy or, in the case of a company, the company that licensed operators, or, where a receiver or manager appointed in connection with the business of operating or hold a public service vehicle service licensed operators or, if for any reason the Commission is satisfied that it is unfair not to do so, allowing the operator license transfer.


Reservation of 32 operators license. (1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may from time to time by order, giving the Commission directives as may be required for the reservation of licence operators for native Malays and in accordance with any rating license operator to be distributed to public service vehicle operator under this chapter as deemed reasonable by the Yang di-Pertuan Agong , and the Commission shall comply with such instructions.

(2) an operator's licence issued to a native Malay or by the Commission in accordance with the instructions given by the Yang di-Pertuan Agong under subsection (1) shall contain the following endorsement: "given in accordance with the instructions given under subsection 32 (1) public transport Act of 2010.".

(3) the Endorsement in subsection (2) shall be conclusive evidence that the operator's licence has been issued in accordance with such instructions.

Public transport 57 (4) the Commission may, in respect of any licence issued in accordance with the operator's instructions given under subsection (1), the operator licence impose such conditions as he thinks fit in addition to the conditions referred to in section 22.

(5) for the purposes of this section, the "Malays" or "native" includes a corporation, an association or group of persons, whether incorporated or unincorporated, which is part of the majority of the capital is owned by its employees and management and consisting of Malays or native.

(6) this section does not apply to licensed operators of public service vehicles service involving the use of any bus workers.


Limitations on the number of classes of public service vehicle specified 33. The Minister shall, from time to time as it considers necessary or appropriate and after consultation with the Minister responsible for transport and the State Government or the Minister responsible for the Federal territory, as the case may be, set the number of any class of public service vehicles which he considers should be allowed to be used to meet the reasonable needs of those who require the use of such vehicles in any particular area.



Classification and numbering of bus routes 34. The Commission may classify and number, in such a way that fit, a route in respect of which the license operator to operate express buses, mini buses and buses issued under this chapter, and may publish a list of routes are classified and numbered the same.


58 laws of Malaysia ACT 715 Protection public interest 35. Except as expressly provided otherwise, there is nothing in this chapter shall be deemed to be a licensed operator to provide any ongoing rights to such benefits arising from the provisions of this chapter, or of any operator license issued or deemed to have been issued thereunder or of any of the conditions imposed on any of the operator's license.

Chapter 2 travel vehicle Licensing Requirements for licence 36. (1) subject to sections 194 and 195, no person shall carry out or submit itself as conducting a business travel vehicle except a company licensed as travel undertaking under the tourism industry Act 1992 and who holds a valid license issued by the Commission under this chapter in respect of each tourist vehicle used in the tourist vehicle business.

(2) the person shall be the holder of two or more licenses issued under this chapter.

(3) subsection (1) shall not apply to the use of any vehicle or class of vehicle specified travel.

(4) subject to subsection (3), a person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence may, in addition, a daily fine not exceeding five hundred dollars for each day the offence continues to do.
Public transport Application for licence 59 37. (1) an application for a license under this chapter shall be made to the Commission in the form and manner specified by the Commission and shall be accompanied by the prescribed application fee.

(2) every application under subsection (1) shall be accompanied by any documents or information as may be determined by the Commission and the Commission may, orally or in writing at any time after receipt of the application and before the application is determined, require the applicant to provide any document or additional information that the Commission considers necessary for the purposes of determining the suitability of the applicant for the license.
(3) the Commission may refuse to register, continuing with or hear or decide an application, and may require that the application is amended or completed with appropriate and submitted again or that a new application is submitted in its place if — (a) the application form is not completed properly by reason of any omission or error description;

(b) the application form contains any error or alteration;

(c) the applicant has not provided documents or additional information required under subsection (2) within the time specified in the requirements or any extension of time granted by the Commission;
or (d) the application does not comply with any other requirements that may be prescribed.



60 laws of Malaysia ACT 715 38 licence issuance. (1) subject to this Act, the Commission may, when an application is made for a licence under this section — (a) approve the application in whole or in part or by any modification by the Commission thinks fit, and after paid the prescribed fee, issue a licence to the applicant; or (b) refuse the application.

(2) the issuance of a licence by the Commission under subsection (1) shall not impose any obligations on the Commission for any loss or damage caused by any act, omission or default of the licensee.


Period of licence 39. A license issued under this chapter shall, unless superseded or revoked, remain in force for such period as may be determined by the Commission, provided that such period shall not exceed three years.


Short term licence 40. (1) where an application has been made for a license under this chapter, the Commission may, if administrative reasons or on the grounds that it thinks fit keterdesakan thing made such pending the application is disconnected, issue to the applicant a license in the short term for such period and subject to such conditions as he thinks fit.



Public transport 61 (2) a short term licence shall cease to have effect from the date the Commission gives its decision on the application, and in any case whatsoever can not force more than six months.


Conditions that may be imposed on licence 41. (1) subject to this Act, the Commission may impose on a licence issued under this section such conditions as he thinks fit, and in particular — (a) that the holder of such licence shall, in relation to his/her license, only using, causing or permitting the use of tourism vehicles specified in such licence; and (b) that the licence holder shall have the obligations, rights, obligations or restrictions as may be imposed by the Commission in respect of the use of vehicle travel that includes — (i) the behavior of motorists travel;
(ii) measures to protect the security of passengers and other road users, including the maximum number of passengers that can be carried on vehicles that travel;

(iii) types of documents and information as may be specified by the Commission to be carried or exhibited on each tourist vehicle, and which may be inspected; and (iv) the requirement that the licensee shall keep and submit when requested for inspection and verification of accounts, certain documents and records, in addition to the documents referred to in subparagraph (1) (b) (iii).

62 laws of Malaysia ACT 715 (2) the Commission may, at any time at its discretion, add, cancel or vary any of the

conditions imposed on a licence under this section.

(3) a licensee who fails to comply with any conditions imposed on the licence under this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Statutory licence 42. (1) be a condition of every licence issued under this section — (a) that vehicle travel is maintained in good condition and can be use as determined by the Director General;

(b) that licensee and its employees who drive vehicles travel that give priority to the highest security of passengers, tourist guide on the tourist vehicles and other road users and shall, in particular, ensure that all the provisions of this Act and all applicable written law to the other with respect to matters described under appropriately in respect of travel of the vehicle or in connection with use or its operation;

(i) speed limit imposed in respect of a vehicle or a class, as applicable;

(ii) weight with load and without load for vehicle travel; and (iii) the construction, equipment and use of motor vehicles in General and of travel, vehicle public transport 63 in particular, as the case may be;
and (c) that the duties of a licensee under section 4 of this part are complied with in full.

(2) a licensee who fails to comply with any conditions imposed on a licence under this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.


Renewal of licence 43. (1) subject to subsection (2), any licensee under this chapter the satisfaction of the Commission that since the date of issuance of the license, it has lawfully and continuously hold by means of adequate and efficient a tourist vehicle service in accordance with the terms and conditions of such licence, shall when making application to the Commission for the renewal of the license, takes precedence of all other applications for licences to carry on such business services or hold such service which is largely the same as the service held by the holder of the license.

(2) subject to subsection (3) and (4), the Commission may, on an application made by the holder of such licence, renew the licence on such conditions as it deems fit by the Commission or reject the application.

(3) an application for renewal of a licence under subsection (1) shall be made at least ninety days before the expiration date of the existing licences and shall be accompanied by the prescribed renewal fee and any documents specified by the Commission.

(4) if the applicant fails to comply with subsection (3) and did not give any reason deemed reasonable by 64 laws of Malaysia ACT 715 the Commission, the Commission may refuse to proceed with, hear or decide the application.

(5) where no application for renewal of a licence is submitted, the licensee shall, within fourteen days from the date the license return the licence to the Commission.


Application for variation of 44. Subject to this Act, upon application made by the licensee for variation of the licence or the licence conditions, the Commission shall have full discretion — (a) to approve the application in whole or in part;

(b) to refuse the application; or (c) to order any variation of the licence or the licence conditions in addition to the variation set out in the application.


Cancellation or suspension of licence 45. (1) the Commission may, by written notice to Licensee and without any compensation, cancel or suspend a licence issued under this section — (a) if any provision of this Act or any condition of the licence is not complied with;

(b) if the issuance of the licence have been fueled by false representation of fact by or on behalf of the licensee;

Public transport 65 (c) in the event the licensee company or, where a receiver or manager appointed in connection with business travel vehicle service is to be held the license holder; or (d) if it is satisfied that a tourist vehicle in respect of which a licence has been issued under this chapter have been used or intended for use for a purpose, which is unlawful, or that the original purpose for which the license was issued no longer exist: provided that the Commission — (A) in the case of breach of any conditions of the licence under paragraph (a) shall not cancel or suspend a licence unless it is satisfied , after giving the licensee an opportunity to make any representations in writing that he pleases to pick from, that caused the default frequency, or default is done intentionally or danger to the public involved in the breach, the license should be revoked or suspended; or (B) in the case of a breach of any provision of this Act under paragraph (a) or paragraph (b), (c) or (d), can not cancel or suspend the licence unless it is satisfied that, after giving the licensee an opportunity to make any representations in writing that he pleases to pick from, the license should be revoked or suspended.

(2) for the purposes of subsection (1), the breach of any of the conditions set out in paragraph 42 (1) (a) or (b) shall be deemed to be a breach of which is a danger to the public.

(3) Notwithstanding subsection (1), if a licensee is licensed as a stalled undertaking tourism under the tourism industry Act 1992, licence issued under section 66 laws of Malaysia ACT 715 shall be deemed to have been cancelled from the date the licensee ceases to be licensed as a travel undertaking.

(4) be the duty of each licensee to notify the Commission, not later than two days after the occurrence of

occurrence specified in subsection (3), on the occurrence of the incident and the effective date of such event, and return the license issued under this chapter to the Commission in accordance with subsection (5).

(5) If a licence — (a) has been revoked, it shall have effect from the date of the revocation and the licensee shall within fourteen days from the date of revocation of the license return the license to the Commission; or (b) have been suspended, it has no effect during the period of the suspension.

(6) a licensee who contravenes subsection (4) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Prohibition relating to licence suspension 46. (1) a licensee whose licences have been suspended under section 45 may not, during the period of the suspension, uses, or causes or permits the use of tourism vehicles the license associated with it.

(2) a licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Public transport travel vehicle 67 prohibition that does not 47 licensed. (1) No person shall use a motor vehicle or cause or permit a motor vehicle used as a tourist vehicle unless force in respect of the vehicle a license issued under this chapter which allows such use, or otherwise in accordance with the licence and any conditions imposed on the licence.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.


Other transport interests shall be disclosed by the applicant 48. (1) without prejudice to section 37 or 44, any person applying for a licence or for variation of a licence or any condition of such licence shall disclose or submit the application form as may be determined by the Commission — (a) any licence or license other operators that have been issued under this Act;

(b) financial interest whatsoever which is owned by him in the business of any other persons who hold services or facilities for public transport in Peninsular Malaysia; and (c) any interest or right which by any other person in his business and any of the rights owned by others to nominate any directors of the applicant.

68 the laws of Malaysia ACT 715 (2) if the applicant for a license under this chapter shall not disclose the information required under subsection (1), he commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.


Transfer of licence prohibited 49. (1) subject to subsection (3), a licence issued under this chapter shall be to the licensee, and shall not be transferred or diserahhakkan.

(2) a licensee who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) Notwithstanding paragraph 45 (1) (c), the Commission may, in the event of the licensee company or, where a receiver or manager appointed in relation to a business holding a tourist vehicle service of the licensee or, if for any reason the Commission is satisfied that it is unfair not to do so, allowing the transfer of the license.


Protection of the public interest 50. Except as expressly provided otherwise, there is nothing in this chapter shall be deemed to give Licensee any right of continuing to any benefit arising from this chapter, or of any licence issued or deemed to have been issued thereunder or of any of the conditions imposed on any such licence.




Public transport 69 Chapter 3-operator Licensing Requirements for goods vehicle operators licence 51. (1) subject to sections 194 and 195, no person shall operate or hold a service of goods vehicles by using a class of goods vehicles for carrying goods — (a) for rent or wages; or (b) for or in connection with any trade or business, unless he holds a licence operator issued under this chapter.

(2) for the purposes of this chapter, a person is deemed to operate or hold a service of goods vehicles if he — (a) the use or driving of a goods vehicle of a class of goods vehicles on its own;
or (b) employ one or more to use or driving of a goods vehicle of a class of goods vehicles, to handle or hold a service of goods vehicles, and — (A) he has the goods vehicles; or (B) he shall be liable, under any form of arrangement with the owner or lessor of goods vehicles to manage, maintain or operate the vehicle that stuff.

70 laws of Malaysia ACT 715 (3) an operator's license issued under this chapter only entitles the licensee operators to handle or use a class of goods vehicles.

(4) a person may hold one or more operator license issued under this chapter.

(5) subsection (1) shall not apply to the use of any goods vehicle or any class of goods vehicle prescribed.

(6) any person, other than a company or Corporation, who contravenes subsection (1) commits an offence and shall, on conviction, be fined not less than two thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(7) a company or corporation who contravenes subsection (1) commits an offence and shall, on

conviction, to a fine not exceeding two hundred thousand dollars.


Application for licence operators 52. (1) an application for an operator's licence under this chapter shall be made to the Commission in the form and manner specified by the Commission and shall be accompanied by the prescribed application fee.

(2) the applicant shall give the Commission the following information relating to the application: (a) complete information of the details of the route in relation to the application;

(b) a letter of approval from the relevant local authorities on the adoption of a pit stop or terminal facilities in the area of the local authority where the path;

(c) a justification for the report;
Public transport 71 (d) class and the maximum number of goods vehicles of the class to be conducted by the applicant;

(e) the rate or the structure of rates and surcharges, if any, proposed to be charged for bringing goods to the goods vehicle; and (f) any other information as determined by the Commission.
(3) the Commission may refuse to register, continuing with or hear or decide an application, and may require that the application is amended or completed with appropriate and submitted again or that a new application is submitted in its place if — (a) the application form is not completed properly by reason of any omission or incorrect description;

(b) the application form contains any error or alteration;

(c) the applicant does not provide documents or information required under subsection (2) within the time specified in the requirements or any extension of time granted by the Commission; or (d) the application does not comply with any other requirements that may be prescribed.


Issuance of licence operators 53. (1) subject to this Act, the Commission may, when application is made for a licence operator under this section — (a) approve the application in whole or in part or by any modification by the Commission thinks fit, and after paid fi 72 laws of Malaysia ACT 715 specified, issue a licence to the operator to the applicants; or (b) refuse the application.
(2) the issuance of a licence operators by the Commission under subsection (1) shall not impose any obligations on the Commission for any loss or damage caused by any act, omission or breach of the licensed operator.


Period of license operators 54. An operator license issued under this chapter shall, unless superseded or revoked, remain in force for such period as may be determined by the Commission, provided that such period shall not exceed seven years.


Short term operator license 55. (1) where an application has been made for a licence operator under this chapter, the Commission may, if administrative reasons or on the grounds that it thinks fit keterdesakan thing made such pending the application is disconnected, issue to the applicant a licence operator short term for such period and subject to such conditions as he thinks fit.

(2) a short term operator licence shall cease to have effect from the date upon which the Commission gives its decision on the application, and in any case whatsoever can not force more than twelve months.


Temporary change of use of goods vehicle 56. Notwithstanding anything contained in this Act, the Commission may, on an application made by public transport operators licensed 73, allowing for a period not exceeding three months and subject to such conditions as he thinks fit to impose, licensed operators for certain classes of goods vehicles to use a goods vehicle from any other class.


Conditions that may be imposed on the operator's licence 57. (1) subject to this Act, the Commission may impose on a licence operator issued under this section such conditions as he thinks fit, and in particular — (a) that the licensed operators shall, in relation to the license pengendalinya, just use the goods vehicles of the class of goods vehicles as specified in the operator's license to operate or hold services goods vehicles as specified in the operator's license; and (b) that the licensed operators shall have the obligations, rights, obligations or restrictions as may be imposed by the Commission, including — (i) that the goods vehicle shall or shall not be used in specified areas or specified or within the time specified;

(ii) that goods vehicles shall be or cannot be operated in the area in addition to the area for which the operator's licence issued;

(iii) that only a particular class or description of goods shall or shall not be carried;

(iv) that the goods shall or shall not be taken of persons specified;

74 laws of Malaysia ACT 715 (v) that the labour charges for loading and memunggahkan goods vehicles and heavy demurrage charges for goods vehicles shall be as determined by the Commission;

(vi) that the laden weight of any goods vehicle shall not exceed the maximum stated;

(vii) that the dangerous goods or goods producing foul smells should be brought in the manner set out and precautions specified shall be taken in relation to the carriage of such goods;

(viii) the behavior of the driver and the kelindan goods vehicles;

(ix) whether there is, and if so, the maximum number of passengers that can be carried on each vehicle that stuff;

(x) measures to protect the security of passengers on goods vehicles and other road users, including the manner and time load and memunggahkan items on the run;

(xi) the type of document to be taken and the information to be displayed at each goods vehicle, such as a copy of the license operators, timetables and fare, and which may be inspected;

(xii) that licensed operators shall keep and submit when requested for inspection and verification of accounts,

documents and records that, in addition to the documents referred to in subparagraph (1) (b) (xi); and public transport 75 (xiii) the requirement that each goods vehicle are stored in the specified place when not in use.

(2) the Commission may, at any time at its discretion, add, cancel or vary any of the conditions imposed on an operator's licence under this section.

(3) a licensed operator who fails to comply with any condition imposed on the operator's licence under this section commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than five hundred thousand dollars or to imprisonment for a term not exceeding two years or to both.

(4) No person shall use a goods vehicle or cause or permit a goods vehicle to be used for the carriage of passengers, unless there is in force an operator's license issued under this chapter that allows the use of such and it shall comply with any conditions imposed on the licence of the operator.

(5) any person who contravenes subsection (4) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than five hundred thousand dollars or to imprisonment for a term not exceeding one year or to both.


Statutory license operators 58. (1) be a condition of every licence operator issued under this section — (a) that the goods vehicle is maintained in good condition and can use as determined by the Director General;

76 laws of Malaysia ACT 715 (b) that the licensed operators and employees who drive vehicles that stuff gives the highest priority to the safety of passengers on a goods vehicle that, if applicable, and other road users and shall, in particular, ensure that all the provisions of this Act and all applicable written law to the other with respect to matters described under appropriately in relation to the goods vehicle or in connection with use or its operation : (i) speed limit imposed in respect of the goods vehicle or class;

(ii) weight with load and without load and, load and memunggahkan, goods vehicles; and (iii) the construction, use and equipment motor vehicles in General and, goods vehicles in particular, as the case may be;
and (c) that the duty of a person licensed operators under Chapter 4 of this part are complied with in full.

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


59 operators license renewal. (1) subject to subsection (2), any operator licensed under this chapter, the satisfaction of the Commission that since the date of issuance of the licence of the operator, he has lawfully and continuously holding satisfactorily and efficient public transport vehicle service 77 items according to the terms and conditions of the licence of the operator, shall when making application to the Commission for the operator license renewal, takes precedence of all other applications for licences the operators to conduct such business services or operate or hold such service
is largely the same as the services have been operated or held by the licensed operator.

(2) subject to subsection (3) and (4), the Commission may, on an application made by the licensed operators, the operator license renewal with such conditions as it deems fit by the Commission or reject the application.

(3) an application for renewal of licence operator under subsection (1) shall be made at least ninety days before the expiration date of the existing operator license and should be accompanied by the prescribed renewal fee.

(4) if the applicant fails to comply with subsection (3) and did not give any reason deemed reasonable by the Commission, the Commission may refuse to proceed with, hear or decide the application.

(5) where no application for renewal of licence operators presented, the licensed operators shall, within fourteen days from the date the return operator license operator licence to the Commission.


Documents required for the renewal of licence operators 60. (1) an application for renewal of licence operators should be accompanied by the following documents: (a) a the audited financial statements of the applicant; and (b) a performance report for the previous year in relation to — 78 laws of Malaysia ACT 715 (i) the total measurement of the goods carried;
(ii) the total number of goods vehicles in the operation and the results of the load;

(iii) the amount of actual number of trips undertaken and scheduled;

(iv) estimate the number of goods vehicles required to provide efficient service for a specific route; and (v) evidence of compliance with the conditions referred to in paragraph 58 (1) (a) and any approval or other related license granted by the relevant authorities as may be specified by the Commission.

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


Application for variation of 61. Subject to this Act, when an application is made by the licensed operators for the variation of the operator's license or license terms that operators, the Commission shall have full power and discretion — (a) to approve the application in whole or in part;

(b) to refuse the application; or (c) to order any variation of a licence of the operator or the operator's license terms other than the variation set out in the application.


Public transport 79

Cancellation or suspension of licence operators 62. (1) the Commission may, by written notice to licensed operators and without any compensation, cancel or suspend a licence operator issued under this section — (a) if any provision of this Act or any condition of the licence operator is not complied with;

(b) if the operator's licence production driven by false representation of fact by or on behalf of the licensed operators;

(c) in the event of death, incapacity, bankruptcy or, in the case of a company, the company that licensed operators, or, where a receiver or manager appointed in respect of the business of operating or hold services that licensed operators of goods vehicles; or (d) if it is satisfied that the goods vehicle used in connection with the operator's license issued under this chapter have been used or intended for use for a purpose, which is unlawful, or that the original purpose for which the operator license has been issued no longer exist: provided that the Commission — (A) in the case of breach of any conditions of the licence operator under paragraph (a) , can not cancel or suspend the operator's licence unless it is satisfied, after giving a licensed operator a chance to make any representations in writing that he pleases to pick from, that caused the default frequency, or default is done intentionally or danger to the public involved in the breach, the operator's license should be revoked or suspended; or 80 laws of Malaysia ACT 715 (B) in the case of a breach of any provision of this Act under paragraph (a) or paragraph (b), (c) or (d), can not cancel or suspend the operator's licence unless it is satisfied that, after giving the licensed operator an opportunity to make any representations in writing that he pleases to pick from, the operator's licence should be revoked or suspended.

(2) for the purposes of subsection (1), the breach of any of the conditions set out in paragraph 58 (1) (a) or (b) shall be deemed to be a breach of which is a danger to the public.

(3) If an operator's licence — (a) has been revoked, it shall have effect from the date of the revocation and the licensed operators shall within fourteen days from the date of cancellation of the licence of the operator the operator to return the license Commission; or (b) have been suspended, it has no effect during the period of the suspension.


Prohibition relating to the operator's license suspended 63. (1) a licensed operator license pengendalinya has been suspended under section 62 may not, during the period of the suspension, handle or hold services goods vehicles permitted by such operator license or otherwise use, or cause or permit the use of any goods vehicles permitted to use under the license terms of the operator.

(2) a licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.
81 the power of public transport Commission to replace the 64 operator license. (1) the Commission shall, in the exercise of its discretion, have the power to replace a licence operator to handle or hold a service of goods vehicles which use a class of goods vehicles with operator license to operate or hold services goods vehicles that use other classes of goods vehicles, if the Commission is satisfied that there is a need to bring goods with goods vehicle classes that are different from the class of goods vehicles permitted to use under license operators issued under this chapter for the purpose of — (a) restructure or returning goods vehicles operated or held by the licensed operator of the different classes of goods vehicles; or (b) restructure or returning goods vehicles operated or held by the licensed operators of goods vehicles of the same class.

(2) before replacing a licence operator under subsection (1), the Commission shall issue a written notice not less than one year before the date of the proposed replacement to the licensed operator which States the intention of the Commission to replace the operator's license.

(3) an operator's licence that replaces any licence operator under subsection (1) shall take effect from the date of the replacement.

(4) when the replacement operator licence comes into operation, the operator license replaced under subsection (1) is void and shall be surrendered to the Commission within fourteen days from the begin to the currency of the replacement operator license.

82 the laws of Malaysia ACT 715 other transport Interests shall be disclosed by the applicant is 65. (1) without prejudice to section 52 or 61, any person applying for a licence operator or for variation of a licence operator or any of the conditions of licence of the operator shall disclose or submit the application form as may be determined by the Commission — (a) any licence or license other operators that have been issued under this Act;

(b) any financial interest owned by him in the business of any other persons who hold services or facilities for public transport in Peninsular Malaysia; and (c) any interest or right which by any other person in his business and, in the case of an applicant which is a company, any right which by others to nominate any Director of the company.

(2) If an applicant for an operator's license under this chapter shall not disclose the information required under subsection (1), he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


Transfer of license operators prohibited


66. (1) Subject to subsection (3), an operator's licence issued under this chapter shall be licensed to the operator, and shall not be transferred or diserahhakkan.

(2) a licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, to a fine public transport 83 not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(3) Notwithstanding paragraph 62 (1) (c), the Commission may, in the event of death, incapacity, bankruptcy or, in the case of a company, the company that licensed operators, or, where a receiver or manager appointed in connection with the business of operating or hold services goods vehicles licensed operators or, if for any reason the Commission is satisfied that it is unfair not to do so, allowing the operator license transfer.


Reservation of licence operators 67. (1) Notwithstanding anything contained in this Act, the Yang di-Pertuan Agong may, from time to time by order, giving the Commission directives as may be required for the reservation of licence operators for native Malays and in any proportion to operator license issued under this chapter to the person running as its main business, a business bringing products to any third party for rent or wages by using goods vehicles as deemed reasonable by the Yang di-Pertuan Agong , and the Commission shall comply with such instructions.

(2) an operator's licence issued to a native Malay or by the Commission in accordance with the instructions given by the Yang di-Pertuan Agong under subsection (1) shall contain the following endorsement: "given in accordance with the instructions given under subsection 67 (1) public transport Act of 2010.".

(3) the Endorsement in subsection (2) shall be conclusive evidence that the operator's licence has been issued in accordance with such instructions.

84 laws of Malaysia ACT 715 (4) the Commission may, in respect of any licence issued in accordance with the operator's instructions given under subsection (1), the operator licence impose such conditions as he thinks fit in addition to the conditions referred to in section 57.

(5) for the purposes of this section, the "Malays" or "native" includes a corporation, an association or group of persons, whether incorporated or unincorporated, which is part of the majority of the capital is owned by its employees and management and consisting of Malays or native.


Protection of the public interest 68. Except as expressly provided otherwise, there is nothing in this chapter shall be deemed to be a licensed operator to provide any ongoing rights to such benefits arising from the provisions of this chapter, or of any operator license issued or deemed to have been issued thereunder or of any conditions attached to any of the operator's license.

Chapter 4 obligations of licensee and licensed operator performance standards for licensed operators 69. (1) be the duty of any person licensed operators under this section to operate or hold a public service vehicle service or service goods vehicle, as the case may be, that are allowed in the license pengendalinya to meet performance standards that are relevant for public service vehicles or services of such goods vehicles held by him.

Public transport 85 (2) the Commission may make rules about the performance standards associated with the handling of procurement or public service vehicle service or service goods vehicle, as the case may be, as in its opinion should be achieved by a licensed operator.

(3) without prejudice to the generality of subsection (2), rules made under that subsection may — (a) provide for the procedure to be followed for the enforcement of performance standards; and (b) grant the circumstances in which a licensed operator can be exempted from complying with the performance standards.


Application by a licensed operator for approval to participate in the business or agreement 70. (1) If a licensed operators who operate or hold a public service vehicle service or service of goods vehicles is a company, partnership or the firm which intends to take part in any business or agreement will cause — (a) any changes in the equity structure; or (b) any changes in the Board of Directors of, or partner in the partnership or firm, as the case may be, the licensed operator must obtain the approval of the Commission before taking part in business or the agreement.


86 the laws of Malaysia ACT 715 (2) the Commission may, when he received an application under subsection (1), approve or reject the application and, if the Commission approves the application, it may impose such conditions as it thinks fit.

(3) a licensed operators who operate or hold a public service vehicle service or service goods vehicle, as the case may be, that does not comply with this section commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(4) for the purposes of this section — "goods vehicle service" means a service of goods vehicles held by any person who carries on as its main business, a business bringing goods for any third party to rent or wages using a goods vehicle;

"service public service vehicle" does not include a public service vehicle service involving the use of any bus workers.


Duty of licensee and licensed operators to

keep records, etc.
71. (1) be the duty of every licensee and licensed operators under this part to store any — (a) the accounts and records as may be required by rules made by the Commission under paragraph 253 (1) (mm) in relation to the licence or the licence operator issued to him; Public transport and 87 (b) relating to the use of the vehicle as may be required by rules made by the Commission under paragraph 253 (1) (mm).

(2) a licensee who fails to comply with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) a licensed operator who fails to comply with subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


Obligations of the holder of the license and licensed operators to notify the Commission 72. (1) be the duty of every licensee and licensed operators under this part, at all times, to inform the Commission immediately of the following: (a) any proceeding or claim initiated or made against the licensee or the licensed operators that may have adverse effects on the financial situation or to his ability to implement such conditions under license or license the operator; and (b) any sanctions or penalties imposed on the licensee or the licensed operator by any Government entity.



88 the laws of Malaysia ACT 715 (2) further be the duty of every licensee and licensed operators under this section to provide when requested by the Commission, within the time specified by the Commission, details of — (a) on any agreement or arrangement that touches in any case material preparation facilities for tourist transport, the carriage of goods or passenger transport, as the case may be, made by the licensee or the licensed operator with any other person by whom such facilities available , either within or outside the Peninsular Malaysia;

(b) concerning any financial interest owned by any other person in the business of licensee or licensed operators, and in the case of a licensee or the licensed operator is a corporation, of any right which by others to nominate any Director of the company; and (c) any interest or rights owned by the licensee or the licensed operator in the business of any other person who provides facilities for tourist transport, the carriage of goods or passenger transport, as the case may be, in the Peninsular Malaysia.

(3) be the duty of every licensee and licensed operators, at all times, to inform the Commission immediately of the following: (a) any change in the control of the licensee or the licensed operators; and (b) any industrial disputes between licensees or a licensed operator with the employees.
Public transport 89 (4) for the purposes of subsection (3) — "control", in relation to a licensee or a licensed operator, means has the power, directly or indirectly, to direct the management and policies of the licensee or the licensed operators;

"goods vehicle service" means a service of goods vehicles held by any person who carries on as its main business, a business bringing goods for any third party to rent or wages using a goods vehicle;

"service public service vehicle" does not include a public service vehicle service involving the use of any bus workers.

(5) a licensee who fails to comply with subsection (1), (2) or (3) or all that subsection commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(6) a licensed operator who fails to comply with subsection (1), (2) or (3) or all that subsection commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


Variation of vehicle related 73. (1) a licensee and licensed operators, and employees, shall not make any alteration, other than through the replacement of parts, to the structure or equipment remains a relevant vehicle without the approval of the Director General.


90 laws of Malaysia ACT 715 (2) a licensee or his employee who fails to comply with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3) a licensed operator or employees who do not comply with subsection (1) commits an offence and shall, on conviction, be fined not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding six months or to both.


The production of reports, accounts, etc.

74. (1) without prejudice to section 207, every licensee and licensed operators shall, within three months after the end of each financial year the licensee and licensed operators or any longer period as may be allowed by the Commission, provide the Commission any information relating to any matter which — (a) in relation to the exercise by the licensee or the licensed operators licensed their activities respectively; or (b) is material for the exercise by the Commission of any of its powers under this Act, as may be required by the Commission or as may be specified in rules made by the Commission

under paragraph 253 (1) (n).

(2) without prejudice to subsection (1), a licensee and licensed operators shall, subject to any exceptions set out in the rules made by the Commission under paragraph 253 (1) (n), give the Commission — public transport 91 (a) a report on its operations in the financial year that contains any information that is necessary to enable the Commission to assess the extent of compliance of the licensee or the licensed operator with performance standards and regulatory supervision and also satisfactory evidence of compliance with conditions of licence or licence
the operator;

(b) the annual balance sheet, the profit and terauditnya account ruginya, together with any notice about it, and the reports of the external auditor and, where applicable, of its directors;

(c) a statement of all accidents involving the vehicles, whether resulting in death or personal injury or not, occurring during the period specified by the Commission; and (d) a statement that scheduling any information required by the Commission in respect of the offence committed by the licensee or licensed operators and employees respectively, involving relevant vehicles during the period specified by the Commission, including — (i) all the conviction in respect of each such offence; and (ii) all offences compounded by any person and the amount of compound that is paid in respect of the offence.

(3) without prejudice to subsection (1), the Commission may require a licensee and licensed operators to submit to him in respect of any period specified by the Commission — (a) any statistical information relating to the operations of the licensee or the licensed operators;

92 the laws of Malaysia ACT 715 (b) forecast its passengers during such period and in such form as may be determined by the Commission; and (c) future development plans relating to any services or facilities that the licensee or the licensed operators are bound to provide under the terms of the license or license the operator.

(4) the information required under this section shall be given in any form and by any means, at any intervals and shall be accompanied by or added to any explanation and supporting documents as required by the Commission or may be specified in rules made by the Commission under paragraph 253 (1) (n).

(5) information that a licensee or licensed operators are required to provide the Commission under this section may include information, even information that is not in the possession of the licensee or the licensed operators, or will not otherwise be in the possession of the licensee or the licensed operators, is information that licensee or the licensed operator can reasonably required to get it or to accumulate.

(6) the Commission may require a licensee or licensed operators to appoint, at the cost of the licensee or the licensed operators, one independent experts with qualifications specified by the Commission to carry out an audit or review any information licensee or licensed operator is required to provide the Commission under this section, but such appointment and report of the independent experts shall not relieve or reduce in any way the liability licensees or a licensed operator under this section.


Public transport (7) 93 or Commission he appointed officer may at any time, as it may deem necessary, to carry out, at the cost of the Commission, an audit of the business and activities of the licensee or the licensed operators, and the licensee or the licensed operator shall take all necessary measures, at the cost itself, to assist and facilitate the Commission he appointed officer or in carrying out the audit , including giving them access to its premises and its information and documentation.

(8) a licensee or licensed operators which — (a) does not provide any information required by the Commission under this section; or (b) refuse to assist or facilitate, or hinder, the Commission he appointed officer or in conducting an audit under this section, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Chapter 5 fares and freight Fares 75. (1) subject to subsection (2), (3) and (9), no person shall claim, collect and retain any fares in respect of a public service vehicle service in excess of any fares prescribed under this Act.

(2) the Minister may, on the recommendation of the Commission, exempt any person from the payment of any fare in respect of a public service vehicle service, subject to such conditions as he thinks fit.
94 laws of Malaysia ACT 715 (3) no nothing in this section shall prevent any person licensed operators of public service vehicles service excludes any person, other than those which are exempted by the Minister under subsection (2), from paying any fares for such period, if an application for such exemption made by the licensed operator and the application was approved by the Commission in writing , subject to such conditions as he thinks fit.

(4) any person to claim, collect or retain or attempt to claim, collect or retain fare in contravention of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(5) every person who are travelling with a public service vehicle shall, when required to do so, provide evidence of payment of the fare to a licensed operator service public service vehicles or employees authorized to examine the fare payment.

(6) for the purposes of this section, "proof of payment of the fare"

including tickets and electronic card issued for the purposes of the payment of the fare or any other evidence of satisfactory payment of fares as specified in rules made by the Commission under paragraph 253 (1) (aa).

(7) a person who, when required to lawfully, to pay the appropriate fare for the distance be frustrating, commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.



Public transport 95 (8) If any dispute arises about the fare is calculated according to the distance, the dispute shall be referred to — (a) initially, the official licensed operator a service public service vehicles duly authorized to decide the dispute;

(b) on appeal against the decision of an officer of the licensed operator a service public service vehicles duly authorized under paragraph (a), to officers who have the authority to decide the dispute, whose decision shall be final, and any certificate issued by a licensed operator a service public service vehicles duly authorized officer or authorized Commission accordingly , be admissible in evidence.

(9) this section shall not apply for a rental car and drive for tourists or any public service vehicles used for carrying passengers without rental or wages.


76 freight. (1) subject to subsection (2) and (3), no person shall claim, collect and retain any freight associated with a goods vehicle service in excess of any freight rate prescribed under this Act.

(2) the Minister may, on the recommendation of the Commission, exempt any person from the payment of any freight in relation to a service of goods vehicles, subject to such terms and conditions as he thinks fit.


96 laws of Malaysia ACT 715 (3) no nothing in this section shall prevent any person licensed operators of goods vehicles service excludes any person, other than those which are exempted by the Minister under subsection (2), from paying any freight for any period, if an application for exemption is made by licensed operators of goods vehicles the service and the application approved by the Commission in writing , subject to such conditions as he thinks fit.

(4) any person to claim, collect or retain or attempt to collect, collect or retain any freight in contravention of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or both.

Chapter 6 Miscellaneous: provision of specialized enforcement Stop, detain and inspect relevant vehicle 77. (1) where any police officer uniform, uniform road transport officer or an officer appointed uniform has reasonable cause to believe that the provisions of this Act or any condition of a licence or the licence operator issued under this Act is not complied with in respect of any related vehicle, he may require that the vehicle is terminated and may require the driver so that drive the vehicle to a place other , and the vehicle may, if necessary, be detained by any police officer not below the rank of Sergeant or any police officer in charge of a police station for the purpose of inspection by a police officer, road transport officer or an officer appointed to ascertain whether the provisions of this Act or conditions of the licence or the operator licence have been complied with.
Public transport 97 (2) no vehicle may be detained under this section for a period exceeding forty-eight hours.

(3) If after the vehicle inspection, it was discovered that the licensee or the licensed operator has violated the provisions of this Act or any condition of a licence or the licence operator issued under this Act, the Commission may order the use of the vehicle or the vehicle used is terminated, subject to any conditions deemed necessary by the Commission to comply with this Act or any condition of the licence or the licence operator issued under this Act.

(4) a person who berlanggaran with subsection (1) shall not discontinue its related vehicle commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) a person who continues to use the vehicle with berlanggaran subsection (3) commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Power to have roadblocks 78. (1) Notwithstanding anything contained in any other written law, any police officer uniform that is authorised in writing by a senior police officer of the rank of Inspector and higher, including one Inspector in the trial, any uniform road transport officer authorized in writing by the Director for road transport or any officer appointed uniform authorized in writing by the Commission , may, if he deems it necessary to do so for the enforcement of this Act, establish or put or cause to be erected or placed any obstruction on top or horizontal any road in 98 laws of Malaysia ACT 715 any way he deems fit; and any such officer may take all reasonable steps to prevent any vehicle from being driven past any such obstruction, including any measures to pursue and stop any such vehicle if, having regard to the circumstances prevailing at the

a certain time, is it appears that if the move not taken the vehicles likely will miss a for the avoidance of tracked or otherwise.

(2) a person who fails to comply with any reasonable signal a police officer uniform, uniform road transport officer or an officer appointed uniform which requires that the person or the vehicle to stop before reaching any obstruction or trying to cross or breaches any of the impedance, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(3) No officer shall be liable for any loss, injury or damage caused to any person or property following the steps to take as is mentioned in subsection (1).


The power to seize documents, etc.

79. (1) If any police officer, road transport officer or appointed officer has reasonable cause to believe that a document which carried on a vehicle related, or of any licence, license operators, records or other documents submitted to it in accordance with this Act by the driver or the person controlling a vehicle related is a document, a licence, a licence operator or a record related to it an offence under this Act has been committed , he may seize or remove documents, license, license operator or the record of the vehicle.

Public transport 99 (2) if the licence or the licence operator seized under subsection (1) is a licence or an operator license is suspended under this Act, the operator's licence or licence shall be returned to the licensee or the licensed operators, respectively, upon the expiry of the suspension.

(3) for the purposes of this section — "document" includes a badge;

"seize" includes the power to remove from vehicle related.


The power to seize vehicles for certain offences related to 80. (1) any related vehicle in respect of which there is or there is reasonable cause to suspect that there has been any offence against section 16, 28, 36, 46, 51 or 63, subsection 22 (3), 41 (3) or 57 (3), or paragraph 23 (1) (b), 42 (1) (b) or 58 (1) (b) may be seized by any police officer not below the rank of Inspector Road Transport Officer, or officer appointed, in any place.

(2) when a vehicle that have been seized under subsection (1), a police officer not below the rank of Inspector, a road transport officer or an officer appointed, may, at its discretion, return the vehicle temporarily to the owner, when officer of assurance is given that the vehicle will be passed back to the officer when requested.

(3) an order for forfeiture or for the release of any related vehicle seized under subsection (1) shall be made by the Court before which the prosecution related to the matter was done.

100 laws of Malaysia ACT 715 (4) an order for forfeiture of a vehicle under subsection (3) shall be made if it is proved to the satisfaction of the Court that an offence against any of the provisions referred to under subsection (1) has been made and that the vehicle is a matter for that offence, though none has been convicted of the offence.

(5) if there is no prosecution in respect of any related vehicle seized under subsection (1), the vehicle shall be released upon the expiry of one calendar month from the date of the seizure unless the vehicle has been released earlier.


The power to seize vehicles related to stop the offences continue, etc.

81. (1) when any person is found or believed to reasonably required to use a vehicle related berlanggaran with this Act or any order, prohibition or restriction made thereunder, or berlanggaran with the terms of the licence or the licence operator for the vehicles, any police officer, any road transport officer authorized in writing in that behalf by the Director General or any officer appointed authorized in writing for that purpose by the Commission may , when it appears that the vehicle or the driver could not adequately identified or that such action is necessary to cause such offence is not possible, take or cause to be taken or require the person in charge of the vehicle to bring the vehicle to a safe place, and the vehicles shall be kept there until released by order of the Magistrate Chief Police officer, Director for road transport or of the Commission, provided that, subject to subsection (3), the vehicle may not be detained longer than is necessary to ensure the identity of the driver or to ensure that the offence will not be continued, and if any person refuses to ignore or to comply with any requirement, he public transport 101 commits an offence and can be in the case of a first conviction , to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

(2) any person who is not allowed to move or cause to move the vehicle from the place is guilty of an offence and can be in the case of a first conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months and, in the case of a second or subsequent conviction, to a fine not exceeding four thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

(3) any relevant vehicles were diverted in accordance with subsection (1), may be detained in any place and kept there the owner up to any

the fee set for removal and detention is paid.

(4) when any related vehicle detained under this section, the officer holding the vehicle shall be as soon as reasonable notice of detention to the owner of the vehicle if the name and address of the owner, and he knows if the vehicle is not claimed by the owner within three months as from the date of, the officer can , after giving one month's notice in the Gazette about his intention to do so, sell through public auction or otherwise dispose of the vehicle and muatannya (if any), provided that no such notice to be given in the case of any load that is perishable.

(5) the results, if any, from the sale or disposal of the vehicle concerned and muatannya under subsection (4) shall be used to pay such fees as may be payable in respect of the licence or the licence operator for the vehicle and any charges incurred in carrying out this section, and in excess thereof, if any, shall be paid to 102 laws of Malaysia ACT 715 of the vehicle owner or if not claimed by that person within twelve months after the date of the sale or
the disposal, shall be forfeited to the Federal Government.


Determination of vehicle weight related 82. (1) be valid for any police officer authorized in writing in that behalf by the Chief Police officer, any road transport officer authorized in writing in that behalf by the Director General or any officer appointed authorized in writing for that purpose by the Commission to require the person in charge of any vehicle in connection to allow the vehicle weighed by the officer , either the load or without load, and for the weight transferred to the road by any part of the vehicle that is in contact with the road to be tested, and for that purpose may require the driver to memandunya immediately to any other place for adoption.

(2) when so requested by the person in charge of the vehicle, police officer authorized in writing in that behalf by the Chief Police officer, road transport officer authorized in writing in that behalf by the Director General or officer appointed authorized in writing for that purpose by the Commission shall, after completion of weigh the vehicle, issue a duplicate or copy of the certificate with respect to weighing it to that person.

(3) a person in charge of any vehicle related refuses or fails to comply with the requirements under subsection (1), or move muatannya or any part thereof before the vehicle weighed accordingly, commits an offence and may, 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.
Public transport 103 (4) becomes invalid for any police officer authorized in writing in that behalf by the Chief Police officer, any road transport officer authorized in writing in that behalf by the Director General or any officer appointed authorized in writing for that purpose by the Commission to require the person in charge of the vehicle to memunggahkan load of the vehicle for the purpose of menimbangnya without load.


PART IV Chapter 1 RAILWAY train Scheme railway Scheme 83. (1) no train can be built without the approval of the Minister, acting on the recommendation of the Commission.

(2) any person who intends to construct a railway shall submit a written request to and deposited with the Commission a railway scheme, which shall contain the following information: (a) the nature and system of a proposed railway, including the type or the types and quantities of stock cars intended to be used on the train, fare collection system proposed and whether the train will be used for the carriage of passengers or goods or both;

(b) route and place proposed terminal for the train system proposed;

(c) the location of the terminal building, related, workshops, depots and limbung proposed;

104 the laws of Malaysia ACT 715 (d) train system safety aspects of a proposed, including signal system and communication system;

(e) the proposed rate structure as apply and conditions of carriage of other proposed;

(f) proposed integration with other train existing or proposed;

(g) schedule of completion and the date proposed for the opening of the railway;

(h) licensed operators for the railway to be built, if different from the person who intends to construct a railway;

(i) a description of the activities in relation to, contiguous or incidental damages proposed to run in connection with the provision of services for the railway;

(j) the proposed universal kebolehaksesan in all the relevant section of the railway to meet the needs of persons with disabilities; and (k) such other matters as may be prescribed that will enable the Minister to assess the railway scheme.

(3) every railroad scheme deposited under subsection (2) shall be accompanied by a map showing the proposed route for the train.

(4) the Commission may require the applicant to submit any further or additional information as deemed necessary by the Commission with respect to any information contained in the railway scheme, and any further or additional information shall be submitted within such period and in such manner as required by the Commission.

Public transport 105 (5) the Commission shall, within such period as may be specified in rules made by the Commission under paragraph 253 (1) (nn), submit a recommendation in writing to the Minister on the application.


(6) the written Recommendations of the Commission shall state — (a) of the reasons for syornya; and (b) any conditions that the applicant should be made subject to him if the Commission recommend to the Minister to provide approval.

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


Approval for the railway scheme and deposit plan, clipping, etc.

84. (1) the Minister may, after considering the recommendation of the Commission accordingly under section 83, reject or give conditional approval for a railway scheme.

(2) where the Minister gave conditional approval for the railway scheme under subsection (1), the applicant must deposit at the Office of the Commission for public examination — (a) plan and cross-section according to a scale set out by the Commission or as may be specified in rules made by the Commission under paragraph 253 (1) (oo) which shows the road and level of a proposed railway and also — (i) any variation is at water level of any Canal or at the level or rate a consequence of any road or the train will be dilintangi by a proposed railway;
106 the laws of Malaysia ACT 715 (ii) any deviation, expansion or narrowing is meant for any road, the river can be navigated, Canal or railway;

(iii) any presentation is meant for any part of a proposed railway along any road; and (iv) any intended crossing of the railway of a proposed on any road, the river can be navigated, Canal or railway;
and (b) a reference book that contains the name of the owner and lessee of lands that may be required for the purposes of the proposed railway.

(3) the Commission may require the applicant to submit any further or additional information as deemed necessary by the Commission in respect of the plan and book of reference and articles referred to in subsection (2).

(4) the applicant shall give notice of the deposit of the plan and the reference books and articles through the ads in at least three consecutive issues for at least two national newspapers, which one of them shall be in the national language, which would like to invite everyone who has any objection to plan and cuttings as well as reference books that so send a statement about their objections in writing to the Commission within three months from the date of the notice on the the paper.

(5) upon the expiry of the three months, the Commission shall submit plans and articles as well as books of reference referred to in subsection (2), together with any objection against him and syornya to the Minister for final approval.

(6) the Minister may, after considering the plan and cuttings as well as reference books and any objection against it and taking into account the recommendations of the Commission accordingly — public transport 107 (a) gave final approval for or reject the railway scheme; or (b) if it considers that the plan and the articles should be amended, so that direct the applicant to consider the plans and clipping it and report to the Commission in any period required by the Commission.

(7) in the case where paragraph (6) (b) applies, the Minister may, after considering amendments made to the plan and the cutting and taking into account the objection made under subsection (4) and the recommendation of the Commission, gave the final approval for or reject the railway scheme.

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

(9) the Minister may, in approving any scheme of railroad, impose any requirements or conditions that it considers appropriate, taking into account the recommendations of the Commission.

(10) the decision of the Minister to grant approval or not give approval under this section shall be communicated to the applicant by the Commission by notice in writing as soon as reasonably practicable.

(11) a notice in writing by the Commission under subsection (10) shall state — (a) in the case when the approval is given, the fact the granting of the approval and the requirements or conditions imposed under subsection (9); and (b) in the case of refusal to grant approval, the fact of such refusal and of the reasons for such refusal.

108 the laws of Malaysia ACT 715 (12) a person who contravenes any of the requirements or conditions imposed under subsection (9) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.


Chapter 2 modification, alteration or expansion set for the railway scheme approved modification, alteration or expansion set for the railway scheme approved 85. (1) No person shall operate any modification, alteration or expansion set for an approved railway scheme in accordance with section 84 — (a) without the approval of the Minister, acting on the recommendation of the Commission; and (b) except in accordance with the requirements and procedures specified in subsection (2) and any regulations made under this Act for the purposes of this section.

(2) any person who intends to operate any modification, alteration or expansion set for approved railway scheme shall submit an application in writing to and deposit with the Commission such information and documents, including the plan, requested by the Commission and, within such period and in such manner as required by the Commission, to enable the Minister to assess the application.

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

Public transport 109 approval for the modification, alteration or expansion set for the railway scheme and approved deposit plan, information and other documents

86. (1) The Minister may, after taking into account the recommendations of the Commission, accordingly refuse or give conditional approval in respect of an application made under section 85.

(2) if the Minister gives conditional approval in respect of an application under subsection (1), the applicant must deposit at the Office of the Commission for public inspection any document specified by the Commission.

(3) the Commission shall give syornya on application under subsection (1) to the Minister for the purposes of this subsection 84 (4) and (5) shall apply mutatis mutandis.

(4) the Minister may, after considering the plan and cuttings as well as reference books and any other documents specified by the Commission, and any objection against him and after taking into account the recommendation of the Commission — (a) give final approval to or rejects the application under subsection (1); or (b) if it considers that the plan and the articles should be amended, so that direct the applicant to consider the plans and clipping it and report to the Commission in any period required by the Commission.

(5) in the case where paragraph (4) (b) applies, the Minister may, after considering amendments made to the plan and the cutting and taking into account the objection made against him and the recommendation of the Commission, gave the final approval to or rejects the application under subsection (1).

110 laws of Malaysia ACT 715 (6) plan and news that, if approved by the Minister, whether under paragraph (4) (a) or subsection (5), shall be deemed to be deposited plan referred to in this Act.

(7) the Minister may, upon the approval of any application under subsection (1), impose such requirements or conditions as it thinks fit, having regard to the recommendation of the Commission.

(8) the decision of the Minister to grant approval or not give approval under this section shall be communicated to the applicant by the Commission by notice in writing as soon as reasonably practicable.

(9) a notice in writing by the Commission under subsection (8) shall state — (a) in the case when the approval is given, the fact the granting of the approval and the requirements or conditions imposed under subsection (7); and (b) in the case of refusal to grant approval, the fact of such refusal and of the reasons for such refusal.

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


Chapter 3 construction and railway works are built according to the plan approved 87. (1) any railway built under this Act shall be made and maintained in accordance with the road and level shown on the deposited plans with all public transport bridges, flyovers, 111, lateral, station entrance, junction, roads, buildings, limbung, works and facilities related and incidental to be.

(2) a train path can deviate from the path train shown on deposited plans, but no such deviation can go beyond the limits of deviation shown on the plan.


Private land may be taken for 88. (1) any land required for the purpose of building a railroad and shown on the plan and cuttings and is mentioned in the book of reference deposited under paragraph 84 (2) (b) and if applicable, section 86 shall be deemed to be the land required for public purpose within the meaning of the land acquisition Act 1960 [Act 486].

(2) proceedings under the land acquisition Act 1960 should be acquired separately in respect of each land as shown on plan and cuttings and referred to in the reference books.

(3) no nothing in this section shall prevent the land acquisition for the purpose of building a railroad through agreement between the railroad company with the proprietor of the land.


The power of the railroad company to carry out all the work that needs to be 89. (1) subject to this Act, when required to do so, a railway company may, for the purpose of constructing a railroad or facilities or other works related thereto — (a) make or construct in, on, thwart, under or over any land or river, any work or temporary structure, including roads, bridges, rail, roads, the 112 laws of Malaysia ACT 715 conduit and drains , as it deems fit by the railroad company; and (b) temporarily changes the direction of any road, street or highway 58 as it deems fit by the railroad company.

(2) in exercise of the powers conferred by subsection (1), the railway company shall be subject to any direction given by the Commission.

(3) a railway company shall, before exercising the power conferred by subsection (1), give notice to the owner or occupier of the land, and at the same time giving the Commission a copy of the notice of his intention to enter the land.

(4) the notice referred to in subsection (3) shall state with comprehensive as and as accurate as possible the type and extent of acts intended to be committed.

(5) the Commission may determine the form of the notice referred to in subsection (3) and in accordance therewith the notice may be served upon the owner or occupier of the land.


The power of the Commission in case of accident 90. (1) the Commission may, in the case of any accident occurring or concern will occur on any instructions, dykes or other works under the control of a railroad company, allowing the railroad company to enter any land contiguous with the car fire for the purpose of carrying out the repair or prevent an accident and to do all the work necessary for that purpose.

(2) Notwithstanding subsection (1), a railway company may, in the case of a necessary, enter any land for purposes of carrying out the repair or prevent an accident without public transport 113 Commission approval in advance, but in such case the railway company shall, within twenty

four hours after the entry, make a report to the Commission stating the type of accident or accident concern will occur and work to do.

(3) If after considering a report under subsection (2), the Commission is of the view that there is no hazard or danger imminent concern to the public, the railway company shall immediately discontinue work on the ground that, if the work is still in progress.


Payment of compensation 91. (1) in the exercise of powers under sections 89 and 90, a railroad company shall do as little damage as possible in the land and adequate compensation shall be paid for any damage done as a result of the exercise of that power.

(2) any person claiming compensation from a railroad company can submit a claim with the administrator who shall submit the claim to the railroad company.

(3) if there is a dispute as to the amount of compensation, the administrator shall determine the amount, to the extent possible, in accordance with the procedure prescribed by laws relating to land acquisition for public purpose and regulations in force in the State concerned.

(4) no nothing in this section shall prevent a solution through consensus are the amount of compensation shall be paid in respect of land damaged or affected by harm as a result of the exercise of the powers conferred by this section.



114 laws of Malaysia ACT 715 works facilities 92. (1) every railway company shall, subject to subsection (3) and (4), build and maintain for the owner and occupier of the land that is contiguous with any train — (a) such and so much crossing, bridges, sewers and a gateway, that fit above, below or on the side or headed to or from the train, which in the opinion of the Commission is necessary for the purpose of overcoming any interruption in the use of the land due to the construction of the railway;

(b) all gateways, tunnels, sewers, drains, watercourses or lorong 29 other above, below or on the side of the train from any dimension which, in the opinion of the Commission, is sufficient at all times to bring water from or to the land contiguous to or located near or on the edge of the train with semudahnya before the construction of the railway or by simple as close as possible.

(2) subject to this Act, the work specified in paragraph (1) (a) and (b) shall be made during or immediately after the presentation or the formation of railway on the land be frustrating, and in such a way that will cause as little damage, harm or distress as possible to people who are interested in the land or affected by works, as the case may be; and if there is damage or harm to the land that the railway company shall pay adequate compensation to the person an interest in the land is.

(3) a railroad company is not required to — (a) to make any work facilities in such a way that will withstand or prevent pengerjaan or use of a train; or public transport 115 (b) to make any work facilities in respect of which the proprietor and the occupier of the land has agreed to receive and paid compensation in return to them because they do not require the work is made.

(4) where a railway company has organized the crossing of a watercourse or road, and the road or stream is then redirected by an act or omission of the person who has control over the street or the River, railroad company is not required to hold any other crossing for road or stream it.


An additional 93 works. If — (a) the proprietor or occupier of any land that is contiguous with a train of the view that the work of the facilities made under section 92 is not sufficient to use the land sigh of relief; or (b) any entity the Government intends to build a road or other works number one, above or under a train, the proprietor or occupier of the land, or Government entities that may, at own, cause to be made any further facilities work deemed necessary by the proprietor or occupier of the land, or Government entities that and if approved by the train company or , in the case of disagreement between the proprietor or occupier of the land, or Government entities that the railroad company, any work facilities further allowed by the Commission.




116 the laws of Malaysia ACT 715 fences, boundary marks or guard 94. (1) the Commission may, within the time specified in the requisition or within such further time as may be specified by him, require that a railroad company — (a) to provide or renew, as the case may be, a fence or boundary marks for a car fire and any road built in connection therewith; or (b) to provide or renew, as the case may be, any work in the form of his guard or contiguous with side of any road which was built before the train is made for the purpose of preventing danger to members of the public who use the roads.

(2) a railway company that does not comply with any requisition made under this section commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.


Graded 95 flat-crossing. If a railway company had built a railroad running existing roads the same has wider flat, the Commission may, if it appears at the Commission that it is necessary for security and convenience of the public, at any time, require that the railroad company, in any time it sees fit — (a) to transfer the road either below or above the train tracks through a bridge or arch with climbing and easy reduction and other entrance easy instead of crossing the road the equality; or


Public transport 117 (b) to perform any other work in case the situation turns out at the Commission as most suitable for eliminating or reducing the danger arising from the flat trajectory and to meet the public facilities.


Flat-crossing road 96. (1) when a railroad company built a railroad running an existing road that same has wider flat (such crossing is not a "flat-crossing work" within the meaning of section 98), the railway company shall cause the gate or barrier is good and effective set up and maintained in the place where railway running across it, and should employ people who should to open and close the gate or barrier is , a gateway or barrier shall be closed to the street when the car crossed the street stocks.

(2) the Commission may, at any time, declare that subsection (1) shall not apply to any of the crossing set out in the Declaration, and therefore the railway company shall be released from the obligation imposed by subsection (1) in respect of the flat crossing.

(3) if any such declaration has been made under subsection (2), the railway company shall erect warning boards on the edge of the road and signal whistles on the edge of the rail at a suitable distance from the flat crossing, and the driver of every engine or vehicle moves to another should be sounding the whistle of the engine or vehicle move the others according to the signal before the engine or vehicle move the other crossing the road.

(4) the Railway Company shall not be liable for any damage that is caused to any person or property by any engine, other moving vehicle or any other car stock installed him crossing the road in any flat-crossing set out in the declaration under subsection (2), unless proven that 118 laws of Malaysia ACT 715 engine driver another moving vehicle, or stocks other cars it's not sounding whistle of the engine, the vehicle is moved to another car or stocks that others follow the signal.

(5) If a Government entity to build a road running a railroad, the Government entity in charge of maintenance shall be liable to pay to the company the railway construction cost of any gateway or barrier set up by the railroad company in the place where the road running across the railway tracks and annual rent for penyenggaraannya.


Suwa 97 flat crossing. (1) a railway company may, at its discretion, upon request made by any person, construct and open a flat crossing in suwa anywhere above a railroad, and may impose conditions on the use of flat-crossing the suwa.

(2) the construction cost of a flat crossing suwa and annual rent for flat-crossing the suwa maintenance shall be paid by persons to whom a flat crossing was built.

(3) the Railway Company shall, if the person to whom a flat crossing built the suwa breach of conditions imposed, or if it is expedient to do so in the interest of the railway, close any flat-crossing suwa.

(4) the Commission may make rules under paragraph 253 (1) (pp) with respect to the construction, opening and closing and conditions of use flat-crossing suwa.







Public transport flat-Crossing work 98 119. (1) the Minister may, at any time on the recommendation of the Commission, by notification in the Gazette declare any street or road is crossed by a railroad as a "flat-crossing work".

(2) Where a declaration has been made under subsection (1), the railway company shall hold in the flat crossing, get or barrier running street or small road that, that — (a) cannot be closed running the railways; and (b) should be locked when not in use, lock the gate or barrier which shall be kept by a train.

(3) Notwithstanding subsection (2), a duplicate of the key gateway or barrier for any flat-crossing can work entrusted by the railway officer to any person who often use the flat crossing, and the key shall be held and used by that person for such period and subject to such conditions as may be determined by the railway company.

(4) the Railway Company may, from time to time, determine the appropriate time for opening the gate and barrier for any flat-crossing and get work, or barrier shall be opened only by an officer of the train with him the key of the barrier or get saved at the time determined by the railway company.

(5) any person, not being a person to whom a lock get or the barrier has been entrusted under subsection (3), which intends to use a flat crossing outside of work determined under subsection (4), shall give to the officer in charge of a train with him the key to get the barrier or stored, notice of his intention to do so.


120 laws of Malaysia ACT 715 removal of trees that could be harmful to or prevent pengerjaan train 99. (1) where the Commission is of the view that at any time there is a hazard or danger suspected that any tree that can be found on the ground, in addition to land train, may — (a) falling on a train, or on route any wire Telegraph, telephone, electric lights or signals, electrical power pengerjaannya controlled wholly or partly by a railroad company; or (b) prevent, interfere with, or cause damage to the construction or the supposed pengerjaan a train or any wire Telegraph, telephone, electric lights or signals, electrical power or to any pole, structure or other equipment or related to it menopangkannya, the railway company may cause the tree cut down or treated in accordance with any other means which, in the opinion of the Commission , will keep out the hazard or eliminate obstacles, as the case may be.

(2) If a trees obstruct or interfere with the views of the

any signal is on, a railway company may cause the tree cut down or treated in accordance with any other means that will eliminate the obstruction or interference, as the case may be.

(3) when referred to in subsection (1) and (2) had existed before the railway was built, or telegraph wires, telephones, electric lights or signals, electrical power is presented, or pole, structure or equipment is erected or installed, or the signal is turned on, adequate compensation should be paid by the railway company to the owner or occupier of the land place is the location of the tree.

Public transport 121 (4) for the purposes of this section, a "tree" includes small plants and low.


Notice regarding the felling or penebasan trees or forests adjoining train 100. (1) the proprietor or occupier of any land shall, before cutting down or done any trees or forests adjoining with a train, advance notice seven days to the railroad company of its intention to do so and shall take all reasonable precautions for the protection of the railway or any telegraph or telephone poles erected on it.

(2) if any damage is caused to the train or any telegraph or telephone poles erected on it, the railway company may, if an agreement is not reached, seek compensation from the proprietor or occupier of the land through legal action.


Chapter 4 the license to operate the train and the opening of the railway operator's licence Application for 101. (1) subject to sections 194 and 195, no person shall operate any train unless he holds a licence operator issued under this chapter.

(2) an application for an operator's licence under this section shall be made to the Commission in the form and manner specified by the Commission and shall be accompanied by the prescribed application fee and any information and documents set out by the Commission.

(3) the Commission shall, within such period as may be specified in rules made by the Commission in 122 laws of Malaysia ACT 715 paragraph 253 (1) (nn), submit a recommendation in writing to the Minister on the application.

(4) the written Recommendations of the Commission shall state — (a) of the reasons for syornya; and (b) any conditions that the applicant should have been made subject to him if the Commission recommends to the Minister that the operator licenses.

(5) the Minister may after taking into account the recommendations of the Commission accordingly — (a) approve the application and issue a licence to the operator the applicant on payment of the prescribed fee; or (b) refuse the application.
(6) Notwithstanding subsection (5), if a rail scheme has been approved in accordance with this section, the railway companies submit the railway scheme shall, subject to any conditions or requirements imposed by the Minister on the approval of the applicant, be deemed to be a fit and proper person for the purposes of handling the train passed under the railway scheme, and the Minister shall , when the application is made by the railway company under subsection (2), approve the application and issue a licence to the operator of the train companies on payment of the prescribed fee.

(7) every operator's licence issued under this section shall state the duration of the operator's licence and conditions may be imposed on the operator licence: (a) the type of train system and train services and activities in relation to, contiguous or incidental damages to be operated or held by a licensed operators;
Public transport 123 (b) annual license fee payable by a licensed operators;

(c) fare may be charged by a licensed operator of a passenger;

(d) freight that may be imposed by a licensed operator in respect of the carriage of goods;

(e) certain obligations of a licensed operators in respect of rail services operated or held by him; and (f) any matter or other conditions that the Minister thinks fit.

(8) the Minister may, on the recommendation of the Commission, at any time, add, cancel or vary any of the conditions imposed on an operator's licence issued under this section.

(9) the production of a licence operator to the applicant by the Minister under this section shall not impose any obligations on the Commission or the Government for any loss or damage caused by any act, omission or breach of the applicants.

(10) any person who contravenes subsection (1) or any conditions imposed on an operator's licence issued under this section commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.






124 the laws of Malaysia ACT 715 notice regarding proposed opening of train 102. (1) subject to subsection (2), a licensed operator shall, at least three months before the date proposed for the opening of a railroad, giving the Commission a written notice of its intention to open the train.

(2) the Commission may, if it thinks fit, or when the application is made by a licensed operator, reducing the period in which the notice under subsection (1) shall be given or waive such notice.


The Minister shall approve the opening train 103. (1) no railway can be opened without the approval of the Minister, on the recommendation of the Commission.

(2) the Minister may only give his approval for the opening of a train after he received a written report from an engineer appointed by the Commission that — (a) he has made painstaking examination on the train;

(b) heavy rail, the strength of the bridge, the nature of the general structure of the work, and the size and maximum gross load on the axles of any stock car is specified;


(c) the railway supplied sufficiently with stock car and otherwise comply with the railway scheme approved under section 84 or 86, and condition or requirement imposed in respect thereof; and (d) in his opinion the railway opening would not cause any danger to the passengers or any damage to the goods to be carried on it.

Public transport 125 (3) of this section shall apply mutatis mutandis — (a) for any additions or modifications forming part of or directly related to a train that was built after the inspections which led to the opening of the first such train;

(b) for any reconstruction which materially affect the nature of the structure of any train; and (c) for any modifications, changes or expansion set that is made to an approved railway scheme under section 86, designated as applicable for the purposes of this section.

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


Cancellation or suspension of licence 104 operators. (1) if the Commission is satisfied that a licensed operator in violation of, or had broken and likely violate again, any license terms pengendalinya or any provision of this Division or subsidiary legislation made in connection therewith that impose obligations, duties or responsibilities towards it, the Commission may provide a written notice to the licensed operator requiring that they comply with the terms or provisions of it within the period specified in the notice.

(2) if upon the expiry period specified in the notice licensed operators that do not comply with the terms or provisions referred to it, the Commission shall submit to the Minister a report on the failure by the licensed operators, together with any recommendations by the Commission and the report shall be in such form as he thinks fit by the Commission.

126 the laws of Malaysia ACT 715 (3) where, after considering a report from the Commission and syornya, the Minister is satisfied that a breach or infringement of concern that serious is going to happen in nature or has affected or may affect the interests or safety of the public, and licensed operator refuses to or does not take all steps necessary to the Commission provided for the purpose of ensuring compliance with the conditions or provisions concerned , The Minister may allow the Commission to provide the licensed operator a written notice stating that it intends to cancel or suspend, as the case may be, pengendalinya and notice the licence shall also list or specify — (a) the operator license terms or provisions that are hit by the licensed operators and act or omission be the violation; and (b) the period, not less than thirty days from the date of the notice, in which the licensed operators could make representations in respect of the proposed cancellation or suspension, as the case may be.

(4) after the expiry of that specified in the notice and after considering any representations made by the licensed operator and any recommendations made by the Commission, the Minister shall decide whether to go ahead with a proposed action or not to take any further action.

(5) a notice shall be given by the Commission to a licensed operator of decision of the Minister and the decision shall become effective from the date the notice was delivered to the licensed operator.




Public transport 127 (6) in addition to its powers under the previous subsection, the Minister may, by notice in writing, cancel or suspend a licence operator issued under this section — (a) if the operator's licence production driven by false representation of fact by or on behalf of the licensed operators;

(b) in the event of death, incapacity, bankruptcy or, in the case of a company, the company that licensed operators, or, where a receiver or manager appointed in respect of business operate train service that licensed operators; or (c) if it is satisfied that the railway used in connection with the license operator issued under this chapter, have been used or intended for use for a purpose, which is unlawful, or that the original purpose for which the operator's licence issued no longer exist: provided that the Commission shall not cancel or suspend a licence operator unless it is satisfied that , after giving an opportunity to the licensed operators to make any representations in writing that he pleases to pick from, the operator's licence should be revoked or suspended.

(7) the decision of the Minister under this section is final and conclusive and no compensation can be paid to the licensed operators with respect to any legal action taken against him under this section.

(8) If an operator's licence — (a) has been cancelled, the operator license does not have effect from the date of the revocation and the licensed operators shall within fourteen days from the date of cancellation of the licence of the operator the operator to return the license Commission; or 128 laws of Malaysia ACT 715 (b) have been suspended, it has no effect during the period of the suspension.

(9) a licensed operator pengendalinya licence has been suspended under this section may not, during the period of the suspension, handling the train permitted by the operator license.

(10) a licensed operator who contravenes subsection (8) or (9) commits an offence and shall, on conviction, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding three years or both of each.


Examination of 105. After a train has been opened, the railway shall be examined by an engineer appointed by the Commission in such manner and at such intervals as may be specified

in the rules made by the Commission under paragraph 253 (1) (qq).


The authority to close the railway having opened 106. (1) If after inspection of a train, an engineer appointed by the Commission are of the opinion that the use of the railway may cause danger to civilians or damage to items carried on the train, he shall inform the Commission about its opinion together with reasons for his opinion of it.

(2) the Commission may thereupon direct that the railway is closed, or in the case of stock car, directing that the car stock discontinued its use or the train is only used on such conditions as may be deemed necessary by the Commission for the safety of the public or goods carried on the train.

129 public transport railway re-opening after the closure of 107. (1) a train as instructed so that closed cannot be re-opened until it has been inspected by an engineer appointed by the Commission and its opening has been approved by the Minister.

(2) a car stock so terminated may direct its use under section 106 shall not be used until it is inspected and certified as eligible for use by an engineer appointed by the Commission and the Minister has approved its use.


Reopening the railway after suspension while 108. When an accident has occurred on a train or a railroad which resulted in the temporary suspension of traffic, and rail or original works has been restored to its original standard or a temporary redirection has presented for the purpose of restoring communications, railways and the original work of such restored can be reopened or redirection meanwhile opened , as the case may be, subject to the following conditions: (a) that the train officials charged for work undertaken due to the accident have been certify in writing that the opening of the railway and restored it or opening the temporary redirection will not, in its opinion, cause any hazard to the public or damage to items carried on the railways; and (b) that notice of re-opening the railway and the work or opening of the deviation in the meantime has been sent to the Commission.
130 the laws of Malaysia ACT 715 General Penalty for not complying with Chapter 4 of part IV of 109. A person licensed operators who contravenes any of the provisions of this chapter commits an offence and, if no special penalty expressly provided for in this chapter, shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both and, in the case of a continuing offence may, in addition, a daily fine not exceeding ten thousand dollars for each day the offence continues to do after a written notice by the Commission which requires it so stop acts as specified in the notice was delivered to the licensed operator.


Chapter 5 the duties of licensed operators licensed operators Obligations 110. Be the duty of every licensed operators — (a) to provide train services and facilities set out in the license pengendalinya to the extent necessary for the licensed operators that meet the specified performance standards; and (b) to develop and maintain an efficient train system.


111. Performance standards (1) the Commission may make rules regarding performance standards related to the procurement of services and facilities that train, in its opinion, should be reached by the licensed operator.

Public transport 131 (2) without prejudice to the generality of subsection (1), rules made under subsection (1) may — (a) provide on the procedure to be followed for the enforcement of performance standards; and (b) allocate about circumstances in which a licensed operator can be exempted from complying with the performance standards.


The production of reports, accounts, etc.

112. (1) without prejudice to section 207, a licensed operators shall submit to the Commission all the information relating to any matter which — (a) in relation to the exercise by the licensed operators are berlesennya activities; or (b) is material for the exercise by the Commission of any of its powers under this Act, as may be required by the Commission or may be specified in rules made by the Commission under paragraph 253 (1) (n).

(2) without prejudice to subsection (1), a licensed operator shall, within three months after the end of the financial year licensed operators or any further period as may be allowed by the Commission, submit to the Commission: (a) a report on its operations in the financial year that contains any information that is necessary to enable the Commission to assess the extent of compliance by the licensed operators are performance standards and regulatory supervision and also satisfactory evidence of compliance with the license terms of the operator;
132 laws of Malaysia ACT 715 (b) the annual balance sheet, profit and terauditnya account ruginya, together with any notice about it, and the reports of the external auditor and, where applicable, of its directors;
and (c) a statement that scheduling any information required by the Commission in respect of the offence committed by the licensed operator and its employees and the public in relation to or in connection with the operation of the railway.

(3) without prejudice to subsection (1), the Commission may require any person licensed operators to submit to him in respect of any period specified by the Commission — (a) any information relating to the maintenance of the terminal by the licensed operator in the possession or under the control of the licensed operators as required by the Commission or may be specified in rules made by the Commission under subparagraph 253 (1) (b) (i) , including the frequency of maintenance of the terminal;


(b) any statistical information relating to the operation of the licensed operators;

(c) ramalannya about passengers or goods within such period and in such form as may be determined by the Commission; and (d) future development plans relating to any services or facilities which the licensed operators are bound to provide under the terms of the license the operator.




Public transport 133 (4) the information required under this section shall be submitted in any form and by any means, at any intervals and shall be accompanied or added to any explanation and supporting documents as required by the Commission or may be specified in rules made by the Commission under paragraph 253 (1) (n).

(5) information required in order to be given by a licensed operator to the Commission under this section, including information, even information that is not in the possession of the licensed operator or otherwise will not be in the possession of the licensed operators, is information that reasonably licensed operators can be required to obtain or accumulate.

(6) the Commission may require a licensed operator to appoint, with the cost borne by the licensed operators, one independent experts with qualifications specified by the Commission, to carry out an audit or review any of the information required so that submitted by licensed operators to the Commission under this section, but the appointment and report of the independent experts shall not relieve or reduce in any way the liability of licensed operators under this section.

(7) the Commission or an officer he appointed may, at any time, as it may deem necessary, to carry out, with the costs incurred by the Commission, an audit of the business and activities of licensed operators and the licensed operators shall take all necessary measures, with the costs incurred by himself, to assist and facilitate the Commission he appointed officer or in carrying out the audit, including giving them access to its premises and its information and documentation.

(8) a licensed operator — (a) does not provide any information required by the Commission under this section; or 134 laws of Malaysia ACT 715 (b) refuse to assist or facilitate, or hinder, the Commission he appointed officer or in conducting an audit under this section, commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


The Commission shall be notified of any change in control of the licensed operators, etc.

113. (1) be the duty of every licensed operators, at all times, to inform the Commission immediately of the following: (a) any change in the control of the licensed operators;

(b) any industrial dispute between the licensed operator with its employees;

(c) any event fire in its premises;
(d) any other Act of nature menjejaskannya;
(e) any sanctions or penalties imposed on the licensed operator by any Government entity;
and (f) any proceeding or claim initiated or made against the licensed operators that may result in adverse effects on its financial condition or on its ability to implement such conditions under the operator's license.



Public transport 135 (2) for the purposes of paragraph (1) (a), "control" in relation to a person licensed operators, means has the power, directly or indirectly, to direct the management and policies of the licensed operator.

(3) a licensed operator who fails to comply with this section commits an offence and shall, on conviction, to a fine not exceeding ten thousand dollars and, in the case of a continuing offence may, in addition, a daily fine not exceeding one thousand dollars for each day that the offence continues to be made from the date the licensed operators are required to submit information under subsection (1).


Traffic facilities 114. Every licensed operators shall hold all reasonable facilities for receiving, forwarding and sending submit traffic on a train.


Chapter 6 vocational license vocational license for drivers train railway 115. (1) No person shall drive a train-bound unless he holds a vocational license issued under this section.

(2) the Commission may, subject to regulations made under this Act, impose such conditions as he thinks fit to any vocational license issued under this section and any other vocational license shall comply with all the conditions.

(3) a vocational licence may at any time be cancelled or suspended by the Commission on the ground that, by reason of his physical incapacity or conduct, the holder is not a 136 laws of Malaysia ACT 715 to be suitable to hold the licence or in the event of a breach of any condition of the vocational licence: provided that — (a) the Commission may not revoke or suspend vocational license on the ground a breach of any condition of the vocational licence unless it is satisfied , after giving vocational licence holders a chance to make any representations in writing that he pleases to pick from, that caused the default frequency, or default is done intentionally or danger to the public involved in the breach, the vocational license should be revoked or suspended; or (b) not be able to cancel or suspend a licence on the ground other than the ground vocational as stated in paragraph (a), unless it is satisfied that, after giving vocational licence holders a chance to make any representations in writing that he pleases to pick from, the vocational license should be revoked or suspended.
(4) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or both



Licensed operators shall employ people who have a vocational license 116. (1) No licensed operators under this part may employ or authorize any person who does not hold a vocational licence issued under section 115 to drive a railway train.

(2) a licensed operator who contravenes subsection (1) commits an offence and shall, on conviction, to a fine public transport 137 not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Chapter 7 Fare and freight Fares 117. (1) subject to subsection (2) and (3), no person shall claim, collect and retain any fare in respect of train service in excess of any fares approved by the Minister under section 84, 86, 101 or 120.

(2) the Minister may, on the recommendation of the Commission, exempt any person from the payment of any fare in relation to rail services, subject to such terms and conditions as he thinks fit.

(3) no nothing in this section shall prevent any person licensed operators of exempt any person, other than those which are exempted by the Minister under subsection (2), from paying any fares for such period, if an application for exemption is made by the licensed operator and the application approved by the Commission in writing, subject to such conditions as he thinks fit.

(4) any person to claim, collect or retain or attempt to claim, collect or retain any fare in contravention of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(5) No person shall travel by train without first paying tambangnya and get tickets.

138 the laws of Malaysia ACT 715 (6) every person intending to travel by train shall, upon payment of the tambangnya, given a ticket stating the coach class train or stay for which, station or the place thereof, and station or place to which, the fare paid.

(7) every person who makes a journey by train shall, when required to do so, provide evidence of payment of the fare to a licensed operator or train officials empowered to examine the fare payment.

(8) for the purposes of this section, "proof of payment of the fare" shall include tickets and electronic card issued for the purposes of the payment of the fare or any other satisfactory evidence of payment of fares as specified in rules made by the Commission under paragraph 253 (1) (aa).

(9) where a licensed operator or train officials empowered to examine the fare payment is satisfied that any person has used the train without paying the appropriate fare for the distance be frustrating or if any person did not submit proof of payment of the fare or menghantarserahkan berlanggaran with subsection (7), he may require that person to pay — (a) the fare for the distance be frustrating; and (b) a special charge, which does not exceed any amount determined.

(10) the Special Fares and charges shall be paid on demand to train officers who have the authority to check the payment of fares or collecting tickets, and if such is not paid, the payment is recoverable by the licensed operators through legal action.


Public transport 139 (11) If any dispute arises regarding the fare is calculated according to the distance, the dispute may be referred to — (a) initially, to train officers who have the authority to decide the dispute;

(b) on appeal against the decision of the railway officers, to an officer of the Commission is authorised to determine the dispute, whose decision shall be final, and any certificate issued by the authorized train accordingly or by a duly authorized officer of the Commission accordingly that, is admissible as evidence.


118 freight. (1) subject to subsection (2) and (3), no person shall claim, collect and retain any respect of the freight train service in excess of any freight rate approved by the Minister under section 84, 86, 101 or 120.

(2) the Minister may, on the recommendation of the Commission, exempt any person from the payment of any freight in relation to rail services, subject to such terms and conditions as he thinks fit.

(3) no nothing in this section shall prevent any person licensed operators of exempt any person, other than those which are exempted by the Minister under subsection (2), from paying any freight for any period, if an application for exemption is made by the licensed operator and the application approved by the Commission in writing, subject to such conditions as he thinks fit.


140 laws of Malaysia ACT 715 (4) any person to claim, collect or retain or attempt to claim, collect or retain freight in contravention of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Timetable and fare list shall ditampalkan in 119 train station. Every licensed operators shall keep in every train station and a copy of the timetable in effect at the time on the train and a list of General fare applicable to travel from the train station, which is the list ditampalkan in every place where tickets are usually issued to passengers at the railway station, and licensed operators shall allow everyone to check the timetable or the General fare list for free at all times that are reasonable.



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

120. (1) a licensed operator shall prepare and submit to the Commission a memorandum for any changes in the fare structure, freight or existing charges approved under section 84, 86 or 101, for the approval of the Minister, on the recommendation of the Commission.

(2) when the fare structure, freight or new charges are approved by the Minister under subsection (1), the licensed operators shall be in any period of not less than thirty days before the currency fares, freight or charges that the new public transport — 141 (a) publish the fare structure, freight or charges new in at least two national newspaper , which one of them shall be in the national language; and (b) ensure that the structure of fares, freight or charges the new ditampalkan to the attention of the general public in accordance with section 119.

(3) the Commission shall, as soon as practicable, make the necessary notification in the Gazette in respect of changes in the structure of fares, freight or existing charges.


Chapter 8 specific Offences relating to train drunkenness or breach of duty by an officer of train 121. Any officer train — (a) is in a State of drunkenness while on any of its obligations; or (b) refuse or ignore to perform its obligations or discharging its duties in a way that does not fit, if the obligation is such until drunk or refusal, neglect or improper implementation of its obligations, as the case may be, is likely to endanger the safety of any person or goods carried on a train, commits an offence and shall, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.


142 laws of Malaysia ACT improper use of 715 alert tool 122. Any person who uses improper basis of alert tools provided by a licensed operator in any railway coach or at any train bound for the number of passengers to discontinue the railway train in case of emergency commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.


Move, etc., pillars, spikes or other mark of 123. Any person who moves, disfigures or in any manner interfere with any pillar, spikes or other marks placed by or for the purpose of a person licensed operators along the railway or adjoining thereto commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.


Entering or leaving coach train irregularities 124. Any person who — (a) at any time enter or leave or attempt to enter or leave any train other than coach by using door provided for that purpose in the presence of the railway coach which is adjacent to the platform or such other place as may be determined by a licensed operator as a place for people entering or leaving a train coach; or (b) open any door outside any such train coach while it is moving, commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.
Public transport 143 Arrested in, and enter and refused to leave the train full of 125. Any passenger who — (a) hold a valid admission to other passengers in a coach train or part coach train that is not reserved by licensed operators for the use of passengers who endure it;

(b) after not being allowed into a train train train by an officer, by reason of the full train-bound, but insisted to enter or try to enter the train trend; or (c) after boarding a train in any place and after requested by an officer, by reason of the train train train, so that leaves the full train the train before the train train leaving the place, do not comply with the request, commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars and, in addition, can be removed from the train-bound by any officer of the train.


Invade train or railway premises 126. Any person who invade a train or any railway premises commits an offence and shall, on conviction, to a fine not exceeding five hundred dollars and, if any such person refuses to leave the train or the railway premises when requested to do so by the train, he commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars , and can be removed immediately from the train or the railway premises.


144 the laws of Malaysia ACT 715 Drive any vehicle or drive off any animals over or crossing railroad 127. Any person who willfully horse, carry, or drive or drive off on or crossing a railroad any vehicles or animals, except when directly crossing the railway in any street or place specified for that purpose at the time that he or she can do so lawfully, commits an offence and shall, on conviction, to a fine not exceeding five hundred dollars for each such offence.


Damage, whether intentional or negligent, etc.

128. (1) any person who — (a) the intentional or reckless damage any train, the railway premises or any property owned by a licensed operators;

(b) remove sand, stone, soil or any substance or other thing from the banks, bridges, culverts, retaining walls, railroad or any other property owned by a licensed operators; or (c) chopping logs in the manner likely to endanger the safety of the train train ago

or any person or goods that are in or on the train, or will cause damage to the railways, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) any person who was binding wire for wire fences concerned with a train, break or destroy any fence or fence life related to a train, or do or cause to public transport 145 done any act which impairs or is likely to damage your fence or fence life so commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.

(3) any person who, intentionally or by negligence, to divert any streams or drains or, in any other way cause water flow on the train or, cause damage to train in such a way through water, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4) any person who, having any contract to supply to a licensed operator bricks, Pebble, timber, fuel, or any other materials, or employed in connection with the provision of the licensed operators to such materials, that reckless placing or arranging the material in a manner that is not secure and is not prudent or less than the specified distance from the rail in the rules made by the Commission under subparagraph 253 (1) (b) (ii) until the safety trend train ago or any person or goods in or on a trend that's affected, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Open or not closing properly get 129. If — (a) any person, without the consent or knowledge of an officer train, open or attempt to open any get placed on any side of any railroad running a road, or past or try for past, or driving or carrying or attempting to drive or lead any vehicles, animals, and other crossing the railways; or 146 laws of Malaysia ACT 715 (b) any person who pursuant to subsection 98 (3) is not shut down and flick and, if necessary, lock the gate as mentioned earlier soon after he and any vehicle, animal or other thing under his care have been past through the gateway, he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.


Preventing or attempting to prevent malicious train 130. If any person with unlawful — (a) put it, throws or causes falling towards, on a train or thwart any wood, rock or material or other thing;

(b) take, move, loosening up, or transfer any rail, ranjang take off or material or other things related to a train;

(c) turn, move, unlock or divert any points for the train or other machinery concerned with a train;

(d) move any part of the stock car on a rail or leaving it on any part of the railway;

(e) making, show, hide or move any signals or lights on or close to a train; or (f) do or cause to be done or tried to do any act or other thing in respect of a train, public transport 147 intentionally, or by knowing that he is likely to become, preventing pengerjaan train, or endanger the safety of any person travelling with or been on the train or goods carried on a train , he is guilty of an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Gestures or cues that cause train stop 131. If any person who is not an officer train, without reasonable grounds, by making any gestures or show any signal or otherwise, caused the train to stop moving, he commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.


Harm or attempt to harm by malicious people, etc., traveling by train 132. If any person with unlawful throwing or cause falls or terketuk any wood, rock or material or other thing at, towards, into, or over any car stock forming part of a subway train with the intention of, or knowing that he is likely to, endanger the safety of any person in or on, or goods carried in car stocks, or in or on any other car stocks forming part of the same train, he commits an offence and shall, on conviction, to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding ten years or both.





148 laws of Malaysia ACT 715 Chapter 9 Various specific enforcement: provision, etc..

General penalty for breach of part IV, with the exception of Chapter 4, and subsidiary legislation 133. Any person who contravenes or fails to comply with any provision of this part, except for Chapter 4, or any subsidiary legislation made under this Act in relation to the provisions commits an offence and, if no special penalty expressly provided in this part, shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to

both.


Lien for fares, freight and other charges 134. (1) If, upon request made by or on behalf of a person licensed operators, any person fails to pay any sums due to or that can be obtained by the licensed operator thereof in respect of any goods, whether the amount of money payable for transportation, handling, storage, heavy demurrage, or other charges, or as a repayment of any sums spent by the licensed operators or any other amount of money howsoever it arising the licensed operator can hold a whole or any of the goods or, if the goods have been removed from the railway premises, any other items that the person who was then or thereafter remain in the possession of the licensed operator.

(2) when any of the goods have been detained under subsection (1), the licensed operator may — (a) in the case of perishable goods, sell the goods immediately via public auction or private treaty as he may deem expedient; or public transport 149 (b) in the case of other goods, sell through public auction, upon the expiry of at least fourteen days notice of the proposed auction published in a local newspaper or more, any quantity of goods sufficient to recover the sum of money payable or recoverable by the licensed operators together with all expenses for the detention notice and sale, including, in the case of animals, the expense to provide food, drinks and taking care of the animal.

(3) a licensed Operator can, from the proceeds of the sales, retain the amount money and expenses payable to and recoverable by the licensed operators, with giving the proceeds of sale, if any, and any items that are still not sold to a person who is entitled to it.

(4) if the person entitled to the goods, it is not moving from the railway premises, within a reasonable time, any items still not sold that, licensed operators can sell the entire goods and shall, after deducting expenses for further detention and the sale of goods, giving the proceeds to the person entitled to it.

(5) the person who is entitled to move that stuff can't do so unless he gives licensed operators that a sum of money equal to the costs, charges and expenses for further detention of the goods from the date of the sale under subsection (2) until the date of removal.

(6) Notwithstanding anything in this section, a licensed operator can recover any sum of money referred to in subsection (1) by suit or action.

(7) for the purposes of this section, "goods" shall be deemed to include baggage.



150 laws of Malaysia ACT 715 disposal of unclaimed goods 135. (1) when any of the goods are in the possession of a licensed operator for transportation or otherwise, and not claimed by the owner or other person turned out to licensed operators to be entitled to it, the licensed operator shall, if the owner or the person is known, cause a notice to be served upon him which requires it to move that stuff.

(2) if the owner or the person is unknown, or the notice cannot be delivered to him, or he fails to comply with the notice, the licensed operator may, after a reasonable period of time, such as selling stuff almost can in accordance with section 134 and giving the proceeds of sale, if any, to any person who is entitled to it.

(3) for the purposes of this section, "goods" shall be deemed to include baggage.


A written declaration on the requisition for goods description 136. (1) the owner or person in charge of any items which are dihantarserahkan to a licensed operators for the purpose of transportation, and konsaini any goods which have been transported, shall, upon the request of any train officer duly authorised for that purpose by a licensed operator, menghantarserahkan to the officer a written declaration signed by the owner or the person, or by konsaini, as the case may be , which contains adequate description of the goods to determine the rates charged by licensed operators entitled to that respect.

(2) if the owner, person, or konsaini refuses to ignore or to give such declaration or refuse to open the packaging containing the goods so that the description of the goods can be determined, the licensed operators can public transport — 151 (a) in respect of goods carried for the purpose of transportation, refuse to carry that stuff unless a rate payable in respect of not more than the highest rate in effect at the time on the train for any class of goods; or (b) in respect of goods which have been transported, charging a rate that does not exceed the highest rate.

(3) If a declaration that dihantarserahkan under subsection (1) is not materially false with respect to the description of any goods in the form of the Declaration related to it, and which have been transported, licensed operators can charge, in respect of the carriage of the goods, at a rate not exceeding twice the highest rate in effect at the time on the train for any class of goods.

(4) If any dispute arises between a train officer with the owner or person in charge, or konsaini, any goods which have been dihantarserahkan for transportation, or which have transported, with respect to the description of the goods that became matter declaration under this section, the railway officers can detain and inspect the goods.

(5) If it appears from the examination that the description of the goods is different from that specified in the Declaration which dihantarserahkan under subsection (1), the person who menghantarserahkan the Declaration or, if that person is not the owner of the goods, then the person and the owner you jointly and severally, shall be liable to pay to the licensed operator the cost of detention and examination of the goods, and the licensed operators shall be released from all

responsibility for any losses that may be caused by detention or the examination.


152 laws of Malaysia ACT 715 (6) if it appears that the description of the goods is not different from that specified in the Declaration which dihantarserahkan under subsection (1), the licensed operators shall pay the cost of the detention and inspection, and be liable to the owner of the goods for any loss referred to earlier.

(7) any person affected in harm by subsection (3) or (5) may, unless he has been admitted before that kebertanggungannya, within seven days from the making of a claim by or on behalf of the licensed operators under any of the previous subsection, require, by notice in writing, the licensed operator to recover the claim through the suit or action, and until termination of the suit or the action the licensed operator, the right to recover the claim through sales and retention as a result in the manner set out under this section shall be suspended.

(8) for the purposes of this section, "goods" shall be deemed to include baggage.


Power entry 137. Without prejudice to section 103, 216 and 217, the Commission or any officer authorized by him to be appointed for that purpose may, for the purposes of this part or any subsidiary legislation made under this section, enter any train or railway premises to inspect and examine the condition of the railway or the railway premises.


Settlement of disputes between licensed operators respect the exercise of traffic with 138. If two or more licensed operators who train each had a turn of the stops of the same or a part of the linkage the same train, unable to agree on arrangements for carrying out, at the turn of the same or anywhere public transport interchanges between them, 153 security traffic with them, then the Commission, on the application of either or any of the licensed operators , could decide disputed them, as far as the matter is in relation to the safety of the public, and may determine whether whole or so rate of expenses involved in such arrangements shall be borne by one or any of the licensed operators respectively.


Special powers during the Malayan emergency, 139. (1) the Yang di-Pertuan Agong may, in the event of any industrial kerusuhan, strike, lockout or any other event that gives rise to a State of emergency or in the interest of public order or public security, give the Minister power to — (a) take possession while any train, train service, premises or facilities train held, maintained or worked by a person licensed operators;

(b) withdraw, either in part or in whole, the use of any train service, premises or facilities train from any person or class of persons or of the public in General.

(2) if any doubts arise about the existence of a State of emergency or whether any act done under subsection (1) is in the interest of public order or public safety, a certificate signed by the Yang di-Pertuan Agong and display in any place that the Minister may think fit shall be conclusive evidence on that point.





154 the laws of Malaysia ACT 715 (3) if the Government take temporary possession of any train, train services or, premises or facilities train under paragraph (1) (a), adequate compensation should be paid by the Government, when the Government is satisfied that the incident referred to in subsection (1) is not caused or contributed in any way by the licensed operator.


South on the implementation of the railway property 140. (1) none of the stock car, machinery, plant, tools, equipment, material or property used or held by a person licensed operators for the purpose of traffic on a train operated by him, or for the purpose of the station or its workshop space, can be taken for the implementation of any decree or order of any court or any local authority or person who by law has the power to detain or seize property or otherwise render the property taken for the implementation of , unless by order or direction of the Court pursuant to paragraph 194 (1) (b).

(2) no nothing in subsection (1) shall be construed as touching the power of any court to withhold income one licensed operators for the implementation of a judgment or order.


Obligations law 141 train officers. Every officer trains are bound legally to do all kind of necessary or conducive for the safety of the public, and every officer of such train is prohibited legally from doing any act which is likely to cause a hazard.






Public transport 155 142 offenders Arrest. Any person who is found guilty of or attempt to commit an offence against this Act relating to the railway can be arrested, without a warrant, by any police officer, officer or an officer appointed train, or by any other persons who may be called by the police officer, officer train or officer appointed to assist him, and every person so arrested shall, without unnecessary delay , taken to the police station that is closest to be treated according to the law relating to criminal procedure in force: provided that an officer train cannot do any such arrests outside the premises of the train.


Licensed public transport operators not 143. Notwithstanding any other written law, one licensed operators shall operate as a public carrier or subject to any law relating to public transport.

Part V public transport Integration INTEGRATION 144. The Commission may, in order to facilitate and enable the integration and coordination of public transport, to impose against any licensee, the licensed operator or

Licensee terminal such conditions on the licence or licence pengendalinya the Commission may think fit, including a condition requiring integration with the licensee, the licensed operator and licensee other terminal.

156 the laws of Malaysia ACT PART VI 715, ACCIDENT INVESTIGATION and INVESTIGATION Chapter 1 accidents involving train accidents shall be given Notice about 145. (1) in the event of an accident involving a train — (a) the officer in charge of a railway train station nearest to the place of occurrence of the accident shall, without unnecessary delay, but in any case no later than twenty-four hours after the accident, give notice of the accident in writing or any other form of telecommunication to the officer in charge of a police station that is closest; and (b) a licensed operator shall, without unnecessary delay, but in any case no later than twenty-four hours after the accident, send a written notice of the accident to the Commission.

(2) the notice shall contain a brief statement of the nature of the accident and extent of injury or damage caused by the accident.


Investigation of 146. (1) a licensed Operator shall, as soon as possible after the occurrence of an accident, cause an inquiry to be made by a licensed operator officer Committee set up to investigate the cause of the accident, but in case there is no reasonable doubt about public transport to accidental or 157 licensed operators that accepted these responsibilities, the investigation need not be held.

(2) a licensed Operator shall submit to the Commission a report on the accident and the report shall state the proposed action to be taken by the licensed operators with respect to train officers responsible for the accident or for the revision of rules or system work and, if an inquiry has been held under subsection (1), a report on the investigation.

(3) the Commission may, if it is not satisfied with the report submitted to him under subsection (2), forming an investigation Committee to investigate the reason for the accident.

(4) for the purposes of the investigation, the investigation Committee may require any person to attend any meeting of the Committee to give evidence on oath or produce any document or other thing in his possession and to can inspect them as a witness or requires it to produce any document or other thing in his possession relating to the matter being a matter of the investigation.

(5) any person under subsection (4) — (a) after having called to attend any such investigation, fails to do so;

(b) show any act disrespectful or any insult or threat to the Committee or any member of the Committee during an inquiry; or 158 laws of Malaysia ACT 715 (c) once the required by the Committee to give evidence on oath or to produce a document or other thing, refuses to do so or give false evidence or produce a document or any other thing which he knows is false, commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.

(6) the investigation Committee shall, on completion of the inquiry, submit its report to the Commission and the report shall state the opinion of the Committee on the reason the accident and complete details about the case.


The Minister may order an investigation of 147. (1) the Minister may order an inquiry about the cause of any accident involving a train made by any person specified in the order.

(2) any person so appointed shall have and may exercise, for the purpose of the investigation, all statutory powers and other powers for the time being vested in and exercisable by a magistrate to summon and enforce the attendance of witnesses, to administer the oath or pledge to the witness and to compel the witness to answer all questions that are reasonable and affordable in relation to matters, which are the matter of the investigation.

(3) the person conducting the investigation shall submit to the Minister a copy of the proceedings and report his opinion about the reason for the accident along with complete details about the case.




Public transport 159 Meaning "crash" 148. For the purposes of section 145, 146 and 147, "accident" means an accident involving loss of human life or serious injury to any member of the public, passengers or train people involved in pengerjaan or drive train train or involving serious damage to items carried on a train or property or an accident than a long description that usually involves loss of , such injury or damage.


Power to make rules in relation to a notice of an accident, etc.

149. The Commission may make rules in relation to — (a) the form of the notice referred to in section 145 and details of the accident shall be contained in the notice;

(b) class accident in respect of which a notice shall be sent by any form of telecommunications immediately after the occurrence of an accident;

(c) the duties of the police officer, officer or an officer appointed railway upon the happening of an accident; and (d) procedures for any investigation on an accident.

Submission of statement 150 accidents. Every licensed operators shall send to the Commission a statement of an accident occurring in connection with the train operated by him, whether involving personal injury or not, in such form and in such manner and at such intervals or times directed by the Commission.
160 the laws of Malaysia ACT 715

Penalties for non-compliance with section 145 151. (1) an officer in charge of a railway train station does not give any notice of an accident as required by paragraph 145 (1) (a) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(2) a licensed operator does not give notice of an accident as required by paragraph 145 (1) (b) shall pay to the Commission a sum of one thousand dollars for each day for the default continues.


Penalties for non-compliance with section 150 152. A person licensed operators who do not comply with section 150 shall pay to the Commission a sum of one thousand dollars for each day for the default continues after the fourteenth day of the date specified for the production of the statement.


Medical examination compulsory for people injured in train accident 153. When any person injured in an accident on a train to claim compensation by reason of the injury, any court having jurisdiction over such matters may order that the injured person be examined by a duly qualified medical practitioner who is not a witness to any of the parties, and may make any order in respect of the cost of the examination as he may deem fit.




Public transport 161 Chapter 2 Investigation the investigation by the Commission 154. (1) the Commission shall, in response to a direction of the Minister, convene an enquiry on any matter of a General in relation to the administration of this Act, other than an inquiry under section 146 or 147.

(2) the Commission may hold an inquiry on any item, other than an inquiry under section 146 or 147 — (a) in response to a written request from someone; or (b) on their own initiatives, only if it is satisfied that the matter has significant importance either to the public or to the licensed operator or prospective operator licensed under this Act.


Conduct of investigation 155. (1) an investigation under this chapter shall be carried out as and when it deems fit by the Commission.

(2) the Commission may consolidate two or more in a single investigation of the investigation.

(3) all investigations shall be open to the public.


Publication of the notice of inquiry 156. (1) if the Commission directed by the Minister so that the holding of an inquiry under subsection 154 (1) or decide to hold an inquiry under 162 laws of Malaysia ACT 715 subsection 154 (2), the Commission shall publish, in such manner as it considers appropriate, a notice of the following: (a) the fact that it conducts the investigations;

(b) the duration of the inquiry will be held;

(c) the kinds of things the investigation was in connection therewith;

(d) a period of at least forty five days in which, and the form of that with it, the public is invited to make submissions to the Commission on the matter;

(e) the matters required by the Commission in order to be covered by the submissions; and (f) the address or addresses public submissions that can be sent.

(2) the Commission is not required to publish a notice on all matters referred to in subsection (1) at the same time or in the same way.

(3) the Commission shall consider any submissions received within the period specified in the notice.

(4) the Submissions made by members of the public shall be in such form and of such nature specified in the notice.


The investigation closed and secret ingredients 157. (1) Notwithstanding subsection 155 (3), an inquiry or a part of an investigation can be carried out confidentially if the Commission is satisfied that — public transport 163 (a) a document or information which may be given, or a thing that may arise during the inquiry or part of the investigation is secret; or (b) inquiry or part of the investigation on an item or part of an item that will not be availed to the proper administration of this Act if the investigation or a portion of the inquiry is open to the public.

(2) the Commission may direct that all evidence, documents or other materials of a secret that was presented at a public inquiry is not published or disclosed by any person or that the publication or disclosure of evidence, documents or such material by any person shall be blocked.

(3) where an inquiry or part of an inquiry held privately, the Commission shall give directions as to the persons who may be present at the investigation or part of the investigation.


Report on inquiry 158. (1) the Commission shall publish a report on dapatannya in connection with any inquiry conducted by him.

(2) the Commission shall publish the report within sixty days from the conclusion of the inquiry.

(3) the Commission may not include in the report any document, information or material — (a) a secret;
(b) that penzahirannya may affect the fair trial of any person;

164 the laws of Malaysia ACT 715 (c) which may involve the unreasonable disclosure of personal information to any person, including a person who has died; or (d) subject to an order made under section 157.


Protection from civil action 159. There are no civil proceedings may be taken against a person in respect of any loss, damage or injury suffered by another person due to any of the following acts performed in good faith: (a) the making of a request for the holding of an inquiry under section 154; or (b) the making of a statement to, or provision of a document or information to the Commission in respect of an inquiry under this chapter.


Express reports 160. The Commission shall maintain a register of

about all reports made pursuant to an investigation under this chapter in accordance with section 249.


Chapter 3 Investigation Investigation by the Commission 161. Notwithstanding the provisions of any other written law, the Commission shall investigate any matter concerning the administration of this Act if — public transport 165 (a) the Minister directs the Commission that carries out an investigation of any offence under this Act which has been committed or may be committed; or (b) the Commission has reason to believe that an offence under this Act has been, is being or will be made.


Complaints to the Commission 162. (1) the Commission may conduct an investigation of matters referred to in section 161 on receipt of a written complaint from someone.

(2) the complaint shall state the person against whom the complaint is made (referred to as the "respondent").

(3) if it appears to the Commission that be — (a) a person wishing to make a complaint; and (b) the person requires assistance to formulate the complaint or change it into writing, be the duty of the Commission to take reasonable steps to provide appropriate assistance to that person.

(4) If a complaint has been made to the Commission under this section, the Commission may conduct an investigation on the respondents to decide for the purposes of — (a) whether the Commission has the power to investigate the matter with it the complaint is in relation to;
or (b) whether the Commission should, at its discretion, to investigate the matter.

166 the laws of Malaysia ACT 715 (5) If the Commission decided not to investigate, or not to investigate further, a matter of the complaint is in relation to him, it shall as soon as reasonably practicable and in such manner as he thinks fit, inform the complainant and the respondent of the decision and reasons for the decision.


Conduct of investigation 163. (1) before commencing an investigation of a matter with it the complaint is in relation to, the Commission shall inform the respondent that the matter will be investigated.

(2) an investigation under this section shall be carried out as it deems fit by the Commission.

(3) the Commission may, for the purposes of an investigation, get information from any person he deems fit.

(4) subject to subsection (5), it shall not be necessary for a complainant or respondent to be given the opportunity to appear before the Commission in connection with the investigation.

(5) the Commission may not, as a result of the investigation, make a finding against a complainant or respondent unless it has given the complainant or the respondent the opportunity to make submissions on matters which the investigation is in relation to the period of time of not less than thirty days.

(6) the Commission shall consider the submissions made by the complainant or the respondent under subsection (5) before making a decision.





Public transport 167 report on investigation of 164. (1) upon the completion of an investigation, the Commission shall prepare and provide a report to the Minister.

(2) a report under subsection (1) shall include — (a) the conduct of the investigation in question;
(b) any finding made by the Commission as a result of the investigation;

(c) evidence and other materials which the finding is made; and (d) any other matter relating to or arising from, the investigation as the Commission thinks fit or as directed by the Minister.


Publication of report of 165. The Minister may direct the Commission so as to publish a report on an investigation if the Minister is satisfied that the publication is necessary in the interest of the country or public.












168 the laws of Malaysia ACT 715 PART VII PROTECTION OUR CLIENTS and DISPUTE RESOLUTION Chapter 1 protection of customers manage clients 166. A licensee, the licensed operator and licensee terminal hold public transport service obligations am to deal with customers on a reasonable basis and focusing on customer complaints with sufficient.


Standard customers 167. (1) the Commission may, on their own initiatives or on the recommendation of public transport Forum, prepare or cause to be provided standard customers who can be noted in the guidelines issued under this Act, which shall include procedures for example — (a) meet with its reasonable needs;
(b) make, receive and deal with complaints with respect to the exercise or operation of a licensee, the licensed operator or licensee disputes through the terminal, including processes and procedures regarding mediasi, for compensation in the case of a violation of the standard customer customer; and (c) the protection of customer information.
(2) the matters that can be focused in the standard customers including — (a) the provision of information to the customer in respect of the services, rates and performance;
Public transport 169 (b) service levels and quality of service that will be provided to the customer; and (c) any other matter relating to the customer.

Public transport Forum 168. (1) the Commission shall nominate a body to be known as the "public transport Forum" for the purposes of this Act by notifying the body in writing, if the Commission is satisfied that — (a) membership of the body is open to all persons;
(b) the body is able to perform its functions as required under the applicable provisions of this Act; and (c) of the body that have the Constitution writing.
(2) the Body shall agree in writing to be a public transport Forum before the nomination can be registered.


Functions of public transport Forum 169. (1) public transport Forum shall have all of the functions assigned to it under this Act and, without prejudice to the generality of the provisions previously, public transport Forum shall have the following functions:


(a) to provide feedback and make recommendations to the Commission on any matter relating to the interests of the customer in respect of public transport;

(b) to represent the interests of customers in respect of public transport;
170 laws of Malaysia ACT 715 (c) to advance the interests of the customer in respect of fares, freight and other charges, and standard passenger transportation services public land;

(d) to identify and study the things that touch the interests of client and, to ensure that the licensee, the licensed operator and licensee terminal aware and responsive to concerns about their service;

(e) to make publicity about the existence, functions and public transport Forum work in protecting the interests of the customer; and (f) to carry out such functions as may be determined by the Commission.

(2) the Commission shall duly take into account the recommendation of the Forum on public transport in the exercise of its powers and the performance of its functions under this Act.


Avoidance of contract of 170. Any contract for the carriage of passenger in a public service vehicle, motor vehicle or train shall, so far as it purports to deny or limit the liability of any person in respect of any claim which may otherwise lawfully be made against that person in respect of death or bodily injury the passenger while carried in, entering or alighting from a public service vehicle travel, vehicles or train it or purporting to impose such conditions with respect to the enforcement of any such liability, is not valid.




Public transport 171 Chapter 2 dispute resolution Dispute 171. (1) a dispute between two licensees, licensed operator and licensee terminals or more in respect of any matter under this Act shall first try settled through negotiations between the parties to the dispute.

(2) subject to section 138, if the parties to the dispute are not able to reach an agreement, the parties may be pursuing dispute resolution by referring the dispute to the Commission.

(3) the Commission shall establish a Committee to hear and resolve the dispute.

(4) Notwithstanding subsection (1) — (a) the Commission may refer any dispute under section 138; or (b) the parties to any dispute involving a claim in respect of any aspect of public transport, either against any licensee, the licensed operator or licensee terminal or otherwise, can you jointly endeavour to resolve the dispute to refer the dispute to the Committee established by the Commission under subsection (3).

(5) the Commission shall appoint any of its members to be the Chairman of the Committee established by him under subsection (3).

172 the laws of Malaysia ACT 715 (6) any reference under this section shall be in writing and shall be subject to the payment of the fee prescribed and subject to such terms and conditions as may be prescribed.


Dispute procedure 172. (1) a Committee established by the Commission to hear and settle disputes can only do so under this chapter if it is notified in writing of the dispute or pursuant to a reference under subsection 171 (4).

(2) the Committee shall adopt such procedures as it thinks fit and proper in the hearing of a dispute.


The Committee shall decide on the disputes notified 173. (1) when a written notification is received from the parties to the dispute referred to in subsection 171 (2) or pursuant to a reference under subsection 171 (4), the Committee shall meet as soon as that could be implemented to determine the dispute.

(2) the Committee shall be governed by subsection (1) to meet to decide a dispute if it is satisfied that — (a) a consensus will not be reached, or will not be achieved in a reasonable time;

(b) notification of the dispute is not a lightweight, frivolous or inconvenience; and (c) dispute resolution that will promote the objectives of this Act.

Public transport 173 (3) the Committee may resolve the dispute on such terms and conditions as it thinks fit.


The decision shall be in writing 174. (1) these terms and conditions any dispute resolution by the Committee under this chapter shall be accompanied by reasons and shall be in writing.

(2) the Committee shall give the parties to the dispute a copy of the decision as soon as workable.

(3) the decision of the Committee shall be deemed to be the decision of the Commission and shall be binding on the parties to the dispute.


Registration of results of 175. (1) the Commission shall maintain a register of all decisions of the Committee under this chapter in accordance with section 249.

(2) the Register shall include — (a) the names of the parties to the dispute;
(b) a general description of matters relating to the decision and the decision; and (c) the date of the decision, unless the reason for the decision.





174 the laws of Malaysia ACT Enforcement results 176 715. A decision rendered by the Commission may, with the permission of the sessions Court, become enforceable in the same manner as a judgment or order to the same effect, and if such permission is granted, the judgment can be included in accordance with the terms of the decision.


PART VIII of the APPEAL TRIBUNAL Appeal Tribunal Establishment 177. An Appeal Tribunal shall be established for the purpose of reviewing any decision or direction of the Commission under this Act on appeal, except a decision under subsection 17 (3), 37 (3) or 52 (3).


Membership of the Tribunal Appeal 178. (1) the Appeal Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; and (b) at least two members of another, or any number of even the more as

deemed necessary by the Minister.

(2) the Minister shall appoint a person who is a member of the Federal judicial and legal service for at least ten years or who is a barrister and solicitor of the High Court who carries on the practice of at least ten years to be the Chairman of the Appeal Tribunal.

Public transport 175 (3) appointment of members of the Appeal Tribunal shall be published in the Gazette.

(4) a member of the Appeal Tribunal referred to in paragraph (1) (b) — (a) shall hold office for a term not exceeding three years; and (b) shall be eligible for reappointment upon expiration of his Office, but shall not be appointed for more than two consecutive periods.


179 allowance. (1) members of the Appeal Tribunal appointed under section 178 shall be paid such allowances and other allowances as determined by the Minister.

(2) members of the Appeal Tribunal shall be — (a) a daily sitting allowances during the Appeal Tribunal; and (b) received allowances for accommodation, travel and living, as determined by the Minister.


Resignation and revocation of appointment of 180. (1) the Chairman or any member of the Appeal Tribunal which can at any time resign his Office by giving a written notice to the Minister.

(2) the Minister may at any time revoke the appointment of the Chairman or any member of the Appeal Tribunal if — 176 other laws of Malaysia ACT 715 (a) he is not of unsound mind or otherwise unable to perform his duties or manage hal-ehwalnya;

(b) he becomes bankrupt or insolvent;
(c) he is prohibited from being a Director of the company under the provisions of any written law relating to the company;

(d) he has been convicted of an offence under any law by a court in Malaysia;

(e) he has been guilty of serious misconduct in relation to his duties;

(f) he does not meet its obligations under section 182; or (g) its performance is not satisfactory for a significant period of time.


Vacation of Office and appointment while 181. (1) the Chairman or any member of the Appeal Tribunal to another shall be vacated if — (a) he dies;
(b) he resigns or otherwise clear his Office before expiration to whom he appointed; or (c) his appointment is revoked under section 180.


Public transport 177 (2) the Minister shall appoint another person in accordance with section 178 to replace the Chairman or any member of the Appeal Tribunal to another during the vacancy the Chairman or member of the Appeal Tribunal of the other.

(3) the Minister may appoint another person temporarily in accordance with section 178 to act as Chairman or any member of the Appeal Tribunal to another — (a) during any period when the Chairman or member is absent on duty or not available in Malaysia; or (b) if the Chairman or members, for any other reason, unable to perform the duties of his Office.

(4) no act done or proceeding taken by the Appeal Tribunal in the exercise of its powers or the performance of its functions can be affected by reason there is any vacancy in the membership of the Tribunal the appeal.


Disclosure of interest 182. (1) a member of the Appeal Tribunal shall disclose, with as soon as practicable, to the Chairman of any interest, either substantial or not, which may conflict with the obligation of the Member as a member of the Appeal Tribunal in a particular matter.

(2) if the Chairman is of the opinion that the Member's interest in conflict with the obligations of the Member as a member of the Appeal Tribunal, the Chairman shall notify all parties to the matter regarding the conflict.

(3) If no party to object to the matter of the conflict, the Member can continue to perform its obligations as a member of the Appeal Tribunal in respect of that matter.


178 the laws of Malaysia ACT 715 (4) where a party to the protest about the conflict, members of the Appeal Tribunal cannot continue the implementation of its obligations as a member of the Appeal Tribunal in respect of that matter.

(5) the failure by a member to disclose his interest under subsection (1) shall — (a) the Appeal Tribunal decision menidaksahkan, unless all parties agree to be bound by the decision; and (b) make the Member subject to the revocation of his appointment under section 180.


The Secretary to the Appeal Tribunal and other officers 183. (1) a Secretary to the Appeal Tribunal and any number of officers needed to carry out the function of the Appeal Tribunal shall be appointed.

(2) the Minister may designate such number of public officers deemed eligible by the Minister to assist the Secretary in carrying out its functions under subsection (1).

(3) for the purposes of this Act, the Secretary and officers determined under subsection (2) shall be deemed to be an officer of the Tribunal of appeal.


An appeal to the Appeal Tribunal 184. (1) any person aggrieved by a decision or direction of the Commission as set out in section 177 may, subject to the payment of any fees and compliance with such terms and conditions as may be prescribed, appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal.

Public transport 179 (2) a notice of appeal shall be made in writing to the Appeal Tribunal within thirty days from the date of the decision or direction of the Commission and the appellant shall give a copy of the notice of appeal to the Chairman of the Commission.

(3) the notice of appeal shall state briefly the content of the decision or direction of the Commission dirayukan, contains an address at which any notices or documents pertaining to the appeal may be served upon the appellant or Attorney belanya and shall be signed by the appellant or Attorney belanya.


Record of decision or directive Commission 185. (1) the person aggrieved referred to in subsection 184 (1) may, on their own initiatives, request in writing to the Commission to obtain a statement of reasons for a decision or direction of the Commission dirayukan.


(2) subject to subsection (3), the Commission may, when he received a written request under subsection (1), provide a copy of the statement of reasons for decisions or instructions to the person aggrieved on payment of the prescribed fee.

(3) when a notice of appeal has been filed with the Appeal Tribunal under subsection 184 (1), the Commission shall, if it has not yet write the reason for the decision or the instructions on matters specified in the notice as may be requested by the appellant under subsection (1), recorded in writing its reasons for decision or instructions and the written reasons shall form part of the record of the proceedings before the Appeal Tribunal.


The postponement of decisions or orders pending appeal 186. (1) pending the decision of the appeal by the Appeal Tribunal, a decision or direction of the Commission shall be valid, binding and enforceable, except where a suspension of 180 laws of Malaysia ACT 715 decision or direction of the Commission has been requested by the appellant and allowed by the Appeal Tribunal.

(2) an application for suspension must be in writing and shall be made to the Appeal Tribunal on or after notice of appeal is filed with the Appeal Tribunal.


The composition of the Appellate Tribunal 187. (1) every Appeal Tribunal proceedings shall be heard and disposed of by three members of or any number of odd members of the larger Appeal Tribunal as decided by the Chairman in any particular case.

(2) in the absence of the Chairman, the members of the Appeal Tribunal more right shall be the Chairman.


The Appeal Tribunal Conference 188. (1) the Appeal Tribunal shall be convened on such date and at any place determined by the Chairman from time to time.

(2) the Chairman may cancel or postpone any Conference Tribunal appeal and can change the place appointed under subsection (1).

(3) any changes to the date or place of any Conference Tribunal appeal shall be notified to the parties to the appeal in writing.


The Appeal Tribunal procedure 189. The Appeal Tribunal shall decide its own procedure.



Public transport Authority Appeal Tribunal 181 190. (1) the Appeal Tribunal shall have power — (a) to convene the parties to the proceedings or any other person to appear before it to give evidence in respect of an appeal;

(b) to seek and receive evidence vow or pledge whether written or verbal, and examine all such persons as witnesses as may be deemed necessary by the Appeal Tribunal;

(c) If a person called so, to require the production of any information, document or other thing in his possession or under his control which are deemed necessary by the Tribunal of appeal for the purposes of the appeal;

(d) to handle any oath, affirmation, or statutory declaration, in accordance with the requirements of the State;

(e) If a person called so, to allow the payment of any reasonable expenses incurred in connection with his presence;

(f) to receive evidence or reject the evidence presented, whether oral or dokumentar, and whether it is acceptable or not acceptable under the provisions of any written law for the time being in force relating to the admissibility of evidence;

(g) to adjourn the hearing of an appeal from time to time, including the power to delay for considering its decision;

(h) to get expert advice on any matter before it, if it thinks necessary; and 182 laws of Malaysia ACT 715 (i) to generally direct or do all things necessary or expedient in order to speed up the results of the appeal.

(2) the Appeal Tribunal shall have the power of the subordinate courts in respect of the enforcement of attendance of the witness, the hearing of evidence in vowed or pledged and surrounding the sentence because of the humiliation of the Court.


The decision of the Tribunal Appeal 191. (1) decision of the Tribunal appeal, on any subject, shall be decided by a majority of its members.

(2) a decision of the Appeal Tribunal shall be final and binding on the parties to the appeal and is not further shall be appealable.


Enforcement of the decision of the Tribunal Appeal 192. A decision rendered by the Appeal Tribunal may, with the permission of the sessions Court, become enforceable in the same way as a judgment or order which has the same effect, and if such permission is granted, the judgment may be entered in accordance with the terms of the decision.


Action immunity because the Act or omission made in good faith 193. No action or suit shall be instituted or maintained in any court against — (a) the Appeal Tribunal;
(b) the Chairman or any member of the Appeal Tribunal; Public transport and 183 (c) the Secretary or any other Appeal Tribunal officer, for any act or omission done or omitted by him in good faith in the performance of its functions and exercise of its powers under this Act.


PART IX ASSUMPTION of CONTROL Action by the Minister in certain circumstances 194. (1) If a licence or licence operator issued under this Act has been cancelled or suspended under section 9, 27, 45, 62 or 104, and the Minister is satisfied that it is in the public interest for any services or facilities provided by the licensee, the licensed operator or licensee the terminal continued – (a) the Minister may by order published in the Gazette set aside for the Commission to take over control over the whole property business and Affairs of the licensee, the licensed operator or licensee the terminal and run the whole business and hal-ehwalnya, or to take over control over any part of the property, business and hal-ehwalnya and conduct any business divisions and hal-ehwalnya, as specified in the order, or for the Commission to appoint any person to do so on behalf of the Commission and for costs and expenses of the Commission or remuneration the person appointed such , as the case may be, paid out of

the money and assets of the licensee, the licensed operator or licensee the terminal as the first charge thereon;

184 the laws of Malaysia ACT 715 (b) the Minister may, whether or not an order has been made under paragraph (a), allowing an application made by the Commission to the High Court to appoint a receiver or Manager to manage the entire property, business and Affairs of the licensee, the licensed operator or licensee the terminal or any part thereof as may be specified in such order, if any , and for all orders or directions of the High Court which is contiguous, incidental or consequential in respect of the appointment of such that, in the opinion of the Commission, are necessary or expedient.

(2) the Minister may, by order published in the Gazette, exempt a person appointed pursuant to paragraph (1) (a) or (b) of the provisions of Chapter 2, part II, Chapters 1, 2, 3 and 4 of part III and Chapters 4 and 5 of part IV.

(3) an order of the Minister under subsection (1) and (2) may be modified, amended, changed, altered or replaced either prospectively or if is practicable or is fair to do so, on the back, by a further order under subsection (1) or (2), as the case may be.

(4) an order made under subsection (1), (2) or (3) may, at any time, be revoked by a similar order made by the Minister and any such order may contain all orders, instructions or provisions of a dampingan, incidental or consequential as he may deem necessary or expedient by the Minister.


Action by the Minister in respect of a licensee, the licensed operator or licensee in the interest of the country's 195 terminal. (1) Notwithstanding any other provisions of this Act or any other written law, the Minister may, if he deems necessary in the interest of the country, by order published in the Gazette, direct that public transport — 185 (a) the Commission took over the control over the whole of the property, business and Affairs of a licensee, the licensed operator or licensee terminal and run the whole business and Affairs of the licensee , a licensed operator or licensee the terminal;

(b) the Commission took over the control over any part of the property, business and Affairs of a licensee, the licensed operator or terminal licensees as specified by the Minister and any part of the business and Affairs of the licensee, the licensed operator or licensee the terminal; or (c) the Commission appoint any person to carry out any actions directed in paragraph (a) or (b) on behalf of the Commission; and (d) the expenditure of the Commission, or remuneration for such person appointed under paragraph (c), as the case may be, paid out of the assets of licensee, the licensed operator or licensee the terminals with precedence of all other claims whether secured or unsecured.

(2) the determination as to what is about addressing the interests of the nation shall be made by the Minister and such determination shall be final and binding on all persons.

(3) the power of the Minister under this section shall be conducted only with the prior approval of the Federal Government.

(4) the Minister may, by order published in the Gazette, exempt a person appointed by the Commission pursuant to subsection (1) of the provisions of Chapter 2, part II, Chapters 1, 2, 3 and 4 of part III and Chapters 4 and 5 of part IV.



186 laws of Malaysia ACT 715 Provisions relating to the appointment under section 194 or 195 196. (1) a person appointed by the Commission under paragraph 194 (1) (a) or 195 (1) (c) shall be appointed for such period as may be determined by the Commission, but not exceeding, in any case, two years, but can be reappointed by the Commission with the approval of the Minister for three more consecutive period of not more than one year for each period, and shall within the period of appointment or reappointment that his position for a period agreed upon by the Commission.

(2) the terms and conditions of appointment referred to in subsection (1) shall, subject to the order under which the appointment is made and to subsection (1), determined by the Commission and shall be binding on the holder of a licence, the licensed operator or licensee relevant terminal.

(3) a person who holds any appointment referred to in subsection (1) shall not incur any obligation or liability simply because he holds such appointments.

(4) where a receiver or Manager has been appointed in respect of a licensee, the licensed operator or licensee terminal by the High Court under paragraph 194 (1) (b), all costs, charges and expenses that should have been, including the remuneration of the receiver or Manager, shall be paid out of the assets of licensee, the licensed operator or licensee the terminals with precedence of all other claims.


The provisions relating to the acquisition of control under section 194 or 195 197. (1) if control of a licensee, the licensed operator or licensee terminal has taken over pursuant to an order under section 194 or 195, licensee, the licensed operator or licensee the terminal or, if public transport 187 licensee, the licensed operator or licensee of the terminal is a company, the company and its directors, and officers shall deliver property , business and hal-ehwalnya to such control, and shall give the Commission or, if the control was taken over by a person appointed by the Commission (referred to as "person appointed"), the person so appointed, all such facilities required to conduct the business and Affairs of the licensee, the licensed operator or licensee of the terminal.

(2) where control over a licensee, the licensed operator or licensee terminal was taken over by order under section 194 or 195, the Commission or the person so appointed, as the case may be, shall continue to control the property, business and Affairs of the licensee,

a licensed operator or terminal licensees, and conducting the business and Affairs of the licensee, the licensed operator or licensee of the terminal in the name and on behalf of the licensee, the licensed operator or licensee of the terminal, as provided in the order, until the time when the order is cancelled under subsection 194 (4).

(3) during the period of control over a licensee, the licensed operator or terminal commands licensees under section 194 or 195, shall be vested in the Commission or the person so appointed, as the case may be, all the powers of licensees, licensed operators or the terminal or licensee, if the licensee, the licensed operator or licence holder that is a terminal company , the company and its directors, under constituent documents, licensee or licensee licensed operator terminal is, or may be exercised by the licensee, the licensed operator or licensee the terminal or the company or its directors under any written law or otherwise in a manner whatsoever, regardless of whether that power may be exercised through the resolution of special stipulation, or by any other means whatsoever , and any difficulty whatsoever arising in connection therewith may be resolved by the Minister by written instruction.

188 the laws of Malaysia ACT 715 (4) within the currency of an order under section 194 or 195, no licensee, licensee or licensed operator terminals or if licensee, the licensed operator or licensee the terminal was a company, no company or Director, whom such order is in relation to possible, either directly or indirectly, engage in any activity relating to the licensee , a licensed operator or terminal licensees, except as required or permitted by the Commission or the person so appointed, as the case may be, and no remuneration of any kind can be accrued or due to the licensee, the licensed operator or licensee the terminal or, if the licensee, the licensed operator or licensee of the terminal is a company, the company or any Director , except as approved in writing by the Commission or the person so appointed, as the case may be, in relation to any activity required or allowed as mentioned earlier by the Commission or the person so appointed, as the case may be.

(5) it is hereby declared that an order under section 194 or 195 shall not have effect to give or vest any title to, or any interest of the beneficiaries of any assets of the licensee, the licensed operator or licensee of the terminal command that is in touch with him at the Commission or the person so appointed, as the case may be.


Part X GENERAL OFFENCES and PENALTIES Leads with illegal goods or luggage or harmful harmful to 198. (1) No person shall bring or cause to be brought to bear on a related vehicle or train, any goods or harmful or prejudicial baggage — public transport 189 (a) of the class or type of prescribed; and (b) except in accordance with regulations made under this Act in respect of the carriage of dangerous goods or harmful by related vehicle or train.

(2) there is nothing in this section or any order or regulation made under this Act shall be construed as reducing any written laws in force relating to the possession or transportation of dangerous goods or baggage or harm.

(3) a licensee or a licensed operator may refuse to carry any luggage or goods suspected of containing harmful things in nature, and may require the goods or baggage is opened.

(4) in the case of any goods or luggage that has been accepted by any licensee or licensed operators for the purpose of taking them on a related vehicle or train, any employee of the licensee or the licensed operator can stop its delivery until he is satisfied about the content properties of the goods or the baggage.

(5) any person who brings or deposit or cause to be carried or deposited any goods or luggage or harmful harmful to upon a related vehicle or train berlanggaran with subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.




190 the laws of Malaysia ACT 715 entering or leaving coach train, public service vehicles or vehicle travel, etc., during moving or traveling irregularities 199. Any passengers into or over, or trying to get into or over, or out or try to get out of any coach train, public service vehicles or vehicle travel time coach or vehicle is on the move, or travel or attempt to travel upon or in any part of the coach or the vehicle is not intended for passenger use , commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars for each such offence.


Profanity or indecent or nuisance 200. Any person who — (a) behaves in a manner suggestive or indecent or commit any nuisance on a coach train, the railway premises, public service vehicles or vehicle travel; or (b) mengamang, menggalang or prevent a licensee or a licensed operator or an employee of the licensee or the licensed operators, including a railway officer, in discharging its duties, commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both, and in addition, the offender may be issued by licensee or licensed operators

or an employee of the licensee or the licensed operator of coach train, the railway premises, public service vehicles or travel vehicle and shall, if he's a passenger, melucuthakkan tambangnya.


Public transport 191 Act or omission intentionally harmful 201 passengers. A person who willfully commits any act, or knowingly leave any act which he is legally bound to do so, with the intention that through the Act or the omission to cause or, by knowing that as such he likely would cause, the safety of any person travelling or being upon the railway, public service vehicles or goods vehicles an endangered , commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.


Act of negligence 202. Someone with and grab or careless, and without a legitimate reason, to do any act which is likely to endanger his own safety or the safety of any person travelling or being upon a railway, a public service vehicle or vehicle travel, commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.


203. No-smoking (1) No person shall smoke any cigarettes or tobacco products in or upon any train or railway premises, public service vehicles or vehicle travel.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

192 the laws of Malaysia ACT 715 Make false statements, etc.

204. (1) If any person — (a) for the purpose of getting under the provisions of this Act, the production of any kind or description of the licence or the licence operator for himself or for any other person or variation of any licence or the operator's licence, or for the purpose of holding the withdrawal or variation of any licence or license such operator or to obtain any conditions or limitations imposed in respect of any licence or license the operator , make any statement or declaration which he knows are false or incorrect, either wholly or partly, or misleading in any material matters;

(b) give such particulars in relation to an application for the issuance of a licence or the licence operator under this Act which in its knowledge is false or misleading in any material matters;

(c) provide such information to the Commission in response to requests made by the Commission under or for the purposes of this Act which in its knowledge is false or is not correct, either wholly or partly, or misleading in any material matters; or (d) make any entries in a record, register or other document required to be so manufactured, stored, maintained or provided under this Act that are false or misleading in any material things, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.
Public transport 193 (2) in any prosecution under this section, when proven that any application, pernyataaan, declarations, details, information, entries, records, registers or other documents are false or incorrect in whole or in part or misleading in any material, then it shall be deemed, until the contrary is proved, that the application, statement, Declaration, details, information, entry, record, register or other document that is false or incorrect or misleading in any material thing , as the case may be, with the knowledge of the person signing, menghantarserahkan or supply it.

(3) if any person — (a) falsify, alter, interfere with, damage, maim, use or lends to or allows to be used by any other person of any signal, signature, plate or document required under this Act so as to be carried or exhibited on any related vehicle, train train, license, license operators or facilities or public transport terminals;

(b) makes or has in his possession any signals, identification mark, plate or document which so resembles any signals, identification mark, plate or document referred to in paragraph (a) so calculated will be recruited;

(c) amend any entry made in a register, license, license operators or other document issued or kept under this Act;

(d) exhibit at any vehicle or train train, any licenses, license operators, signal, signature, plate or document which has been altered, tampered with, defaced, dicacatkan or added to it, or any artificial license, license operators, signal, signature, plate or document required under this Act that carried or 194 laws of Malaysia ACT 715 displayed on a vehicle or train-bound;

(e) display on any vehicle or train train, any licenses, license operators, signal, signature, plate or document which should not be on the relevant vehicle or train the train;

(f) provide or maintain or permit the provision or maintenance of false records that are required to maintained under this Act; or (g) falsify or allow phishing records are required to be submitted under this Act, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both: provided that in the case of paragraph (d), he is not guilty of an offence if he proves that he acted in good faith and had no reasonable grounds to

expect that licenses, license operators, signal, signature, plate or document that has been altered, tampered with, defaced, dicacatkan or added to it, or that the license, license operators, signal, signature, plate or document that is artificial.

(4) paragraph (3) (a) and (b) shall, with the necessary modifications, apply in relation to a document which becomes a description of the appointment of an officer appointed as they apply in relation to a licence or licence operators.

(5) for the purposes of this section, "document" includes a badge.




Public transport or 205 195 Persuaded pressing. (1) any person who, without lawful authority, persuade or pressing for the purpose of offering services related to receive rent or wages to carry passengers or commute to rent or wages, whether done by such person or not, in any public place or its ancillary areas or around the place, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.

(2) Notwithstanding any other provisions of this Act, a police officer, road transport officer or an officer appointed can arrest without warrant any person who has committed or is suspected to have committed an offence under this section and shall without unnecessary delay, bring the person arrested to the nearest police station, and then that person will be dealt with according to the law relating to criminal procedure currently in force.

(3) for the purposes of this section, "public place" includes all parts in an airport that can be entered into freely by the public, any road, any terminal, or any place that has been gazetted as a stop for public service vehicles.


Penalties for fraud 206. Any person who — (a) memfraud or try to memfraud a licensed operator service public service vehicles or trains, which require the fare paid before such service is provided — (i) by making travel or attempt to travel on a vehicle 196 laws of Malaysia ACT 715 civil service or train without paying tambangnya in advance;

(ii) ride in or on a train transport from class higher than for which he had paid tambangnya; or (iii) to continue its proceedings in or on any public service vehicles or rail carrier with beyond the station for which he has paid the previous tambangnya without either paying for the additional distance or get permission from the public service vehicle drivers or station or the train train controllers;

(b) by disedarinya and willfully refuse or ignore to get out of a public service vehicle or carrier of the train when they stay at the station for which he has paid the fare;

(c) submit or profit from delivery of cutting back any ticket diperolehnya; or (d) by any means whatsoever try to avoid to pay tambangnya, commits an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or both for each such offence.









Public transport 197 PART XI POWER COLLECTS INFORMATION and ENFORCEMENT PROVISIONS Chapter 1 Power collects information disclosures 207. (1) Notwithstanding any other law, if the Commission has reasonable grounds to believe that any person — (a) has any information or documents relating to the implementation of the powers and functions of the Commission under the law of the land public transport; or (b) is able to provide any evidence that the Commission has reasonable grounds to believe is related to the implementation of the powers and functions of the Commission under the law of the land public transport, it may, by written notice, direct the person — (A) to provide an officer appointed, within the period and in the manner and in the form set out in the notice, any such information;

(B) to submit to an officer appointed, within the period and in the manner specified in the notice, any such documents, whether in physical form or in electronic media;

(C) to make a copy of any such document and submit the copy to an officer appointed in the period and in the manner specified in the notice;
198 the laws of Malaysia ACT 715 (D) if the person is an individual, so that present, in a closed hearing, in front of an officer appointed on time and at the place specified in the notice to provide any evidence, either orally or in writing, and forward any such documents, whether in physical form or in electronic media;

(E) if that person is a body corporate or public body, so as to cause an official authority of the organization or body is to be present, at a closed hearing, in front of an officer appointed on time and at the place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents, whether in physical form or in the form of electronic media; or (F) if the person is a partnership, so as to cause an individual who is a partner in the partnership or an employee in the partnership to present, at a closed hearing, in front of an officer appointed on time and at the place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents , whether in physical form or in electronic media.

(2) the Commission shall allow a person who is directed under subsection (1) a reasonable period of time to provide any information or documents specified in the notice.

(3) any person required to provide

information or documents under subsection (1) shall ensure that the information or documents provided is true, accurate and complete and that person should provide a representation for that purpose, including a representation that he public transport 199 don't know about any of the information or other documents which may make the information or documents provided incorrect or misleading.


Proof of compliance with 208. A person shall, if at any time called in writing by the Commission to do so, give the Commission or an officer he appointed all documents and information owned by that person in relation to its compliance with any provisions of this act as may be required by the Commission generally or in relation to any particular case.


The Commission may retain documents 209. (1) the Commission may take possession of and retain with as long as necessary a document granted by any person under this chapter.

(2) the person who provides the document has the right to be supplied, with as soon as practicable, a copy certified by the Commission as a true copy of the document.

(3) Notwithstanding any other written law, certified copy of the document shall be accepted by all courts and tribunals in evidence as if the copy is original.

(4) until a certified copies of the documents provided, the Commission shall, at any time and in any place deemed appropriate by the Commission, allowing the person who gives the document or a person authorized by that person to examine and make copies of or take extracts from the original.


200 laws of Malaysia ACT 715 (5) If the Commission is satisfied that the document is no longer need to be held save, the Commission may return the document to the person giving the document under subsection (1) as soon as workable.


Access kepads 210 records. (1) a licensee, the licensed operator or terminal licensees shall, if at any time requested by the Commission by notice in writing, allowing the Commission he appointed officer or gain access to their records if the Commission has reasonable grounds to believe that the licensee, the licensed operator or licensee the terminal — (a) has any information or documents relating to the implementation of the powers and functions of the Commission under the law of the land public transport; or (b) is able to provide any evidence that the Commission has reasonable grounds to believe is related to the implementation of the powers and functions of the Commission under the law of the land public transport.

(2) a licensee, the licensed operator or licensee terminal which fails to comply with a notice in writing under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand dollars.


Incorrect record 211. One cannot, with intent to comply with a requirement imposed by rules made by the Commission under paragraph 253 (1) (m) relating to record keeping, make a record of any public transport article 201 or anything in a way that causes the thing or the thing recorded incorrectly.


212 information records. (1) the Commission shall maintain a record of all information or documents received pursuant to a notice given under subsection 207 (1).

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


Publication information 213. (1) the Commission may publish any information he received during the exercise of the powers and functions under this chapter.

(2) the Commission shall consider the interests of commercial parties thereto that information was in touch before posting such information.

(3) the Commission may not publish any information or any part of any information disclosed to him if the broadcast — (a) likely to affect one's fair trial; or (b) would involve the unreasonable disclosure are personal information about any individual, including those who have died, but the Commission may publish a poll relating to such information provided that the details of the draw is not composed in such a way that would affect or harm the person who gave the information.

202 the laws of Malaysia ACT 715 Offences as non-compliant 214. A person who fails to comply with an order of the Commission by this section commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Chapter 2 powers of enforcement officers appointed Officers appointed 215. (1) the Commission may, in writing, appoint such number of an officer or any public officer, other than police officers and road transport officer, to exercise the powers of enforcement under the law of the land public transport.

(2) any person appointed under subsection (1) shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

(3) the Commission may make rules about uniforms for and identity card that will be brought by an officer appointed at the time on duty.


216. investigation power (1) an officer appointed can investigate the activities of a licensee, the licensed operator or licensee in respect of the conduct of the terminal of an offence under this Act.

(2) Notwithstanding anything else in this Act or any other written law, an officer appointed shall have the right to appear at the site of any accident involving a train for the purpose of investigating the land public transport 203 the accident and prepare an investigation report and recommendations to be submitted to the Commission.

(3) for the avoidance of doubt, declared that for the purposes of this Act, the officers appointed shall have all or any of the powers of a police officer of any rank

in connection with the police investigation in the case can capture as provided under the criminal procedure code [Act 593], and that power is in addition to the powers assigned under this Act and not a reduction thereof.


The power of arrest of 217. (1) an officer appointed can arrest without a warrant any person — (a) who is found committing or attempting to commit, or aiding and abetting in the Commission of an offence under this Act; or (b) reasonably suspected by an officer appointed as involved in committing or attempting to commit or abetting an offence under this Act.

(2) an officer appointed making arrests under subsection (1) shall, without unnecessary delay hand over the person arrested to the nearest police officer or, if no police officer, leading the person to the nearest police station, and then that person shall be dealt with as provided by the law relating to criminal procedure in force as if he was arrested by a police officer.


Search and seizure warrants with 218. (1) if it appears on a person's Magistrate, based on information given in writing from the officer appointed and 204 laws of Malaysia ACT 715 after such inquiry as may be deemed necessary by the Magistrate that there is reasonable cause to believe that an offence under this Act is being or has been committed in any premises, so that any evidence or anything necessary to conduct an investigation of an offence can be found in any premises , A magistrate may issue a warrant empowering an officer appointed to be named in the warrant at any reasonable time during the day or night and with or without assistance, to enter the premises and if necessary using force, and search the premises and seize any evidence or such things, provided that there are no nothing can authorise any court other than the High Court to grant a warrant to search for a post item , telegram or other document which is in the custody of the authorities of the post or telegraph.

(2) without prejudice to the generality of subsection (1), the warrant issued by a magistrate can authorize a search and seizure — (a) a copy of any book, account or other document, including computerized data, which contains or is reasonably suspected to contain information about any suspected offence has been committed;

(b) any signs, cards, letters, pamphlets, sheet or a notice stating or implying that the person has a license or license operators issued under this Act; or (c) any documents, equipment, motor vehicles, equipment or materials that are reasonably believed to be able to give evidence of the Commission of the offence.

(3) an officer appointed conducting a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.

Public transport 205 (4) an officer appointed who checked against a person under subsection (3) or section 219 may seize or take possession of, and keep in safe custody of all things, in addition to clothes to be found on that person, and any other things about it is no reason to believe that the thing is equipment or other evidence of the offence , and it may be detained until the person is discharged or released.

(5) when necessary to cause someone female examined, the examination should be performed by a woman with full courtesy.

(6) If, by reason of the nature, size or the lesser amount, transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or substance seized under this section shall not be carried out, officer appointed shall in any way prevent the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or the materials in premises or container in which it was found.

(7) any person who, without lawful authority, break, interrupt or impair lak referred to in subsection (6) or transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material dilak or try to do so commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Search and seizure without a warrant 219. If an officer appointed is satisfied on information received that she had reasonable cause to believe that by reason of the delay in obtaining a search warrant under section 218 of the investigation will be affected or 206 laws of Malaysia ACT 715 evidence of the Commission of an offence may be interrupted, removed, defaced or destroyed, the appointed officer may enter the premises and conduct in the , on and in respect of premises that all the powers referred to in section 218 in a way that fully and adequately as if he is authorized to do so by a warrant issued under that section.


Access to computerized data 220. An officer was appointed who runs a search under section 218 and 219 to be given access to computerised data either stored in a computer or otherwise and for that purpose shall be given a password, encryption, encrypting code code, software or hardware to be and any other means required to enable computerized data is understandable.


A warrant is admissible even if flawed 221. A search warrant issued under this Act is valid and enforceable notwithstanding any defect, error or omission therein or in the application for the warrant, and any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or substance seized under the warrant shall be admissible in evidence in any proceeding under

This Act.


List of books, documents, etc., seized 222. (1) except as provided in subsection (2), where any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized pursuant to this Act, the officers appointed who made the search — public transport 207 (a) must provide — (i) a list of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings , motor vehicle, equipment or material seized and shall sign the list; and (ii) a written notice of the seizure that contains the reason for the seizure and shall sign the notice; and (b) shall as soon as practicable serve a copy of the list of books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized and written notice of the seizure to the residents of the premises have been searched, or ask your agent or pekhidmatnya in the premises.

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

(3) where the premises not occupied, officer appointed shall post up a copy of the list of books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized it in conspicuous place in the premises.


The release of books, documents, etc., seized 223. (1) without prejudice to section 80, if any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material had been seized under this Act, the officers appointed who made 208 laws of Malaysia ACT 715 seizure can, after referring to the Prosecutor, releasing books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice , equipment, motor vehicles, equipment or material to the person specified by him as legally entitled to it, if the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials shall not be dilucuthakkan under this Act, and shall not otherwise required for the purposes of any proceedings under this Act or for the purpose of any prosecution under any other written law , and if such officer was appointed who made the seizure, or the Federal Government, the Commission or any person acting on behalf of the Federal Government or the Commission shall not be liable to any proceedings by any person if the seizure and release of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials that have been made in good faith.

(2) a written record shall be made by officers appointed who made the release of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials under subsection (1) which sets out in detail the circumstances and the reason for the release, and he shall send a copy of the record to the public prosecutor within seven days from the release.


The power to require the attendance of the person who has knowledge of the case of 224. (1) an officer appointed in carrying out an investigation under this Act may by order in writing require the attendance before it of any person who in the opinion of the appointed officer has knowledge of the facts and circumstances of the case, and such person shall attend as so required.


Public transport 209 (2) if any person refuses or does not attend as so required, the appointed officer may report such refusal or abstention to the magistrate shall issue a summons to secure the attendance of such person as may be required by an order made under subsection (1).


Examination of the people with knowledge of the case of 225. (1) an officer appointed in carrying out an investigation under this Act may examine orally any person alleged to have knowledge of the facts and circumstances of the case and shall change into writing any statement made by the person examined.

(2) such person shall be bound to answer all questions relating to such case put to him by the officer so appointed: provided that such person may refuse to answer any question that the answer may tend to expose him to a criminal charge or penalty or forfeiture.

(3) a person who makes a statement under this section shall be legally bound to state the truth, whether the statement was made in whole or in part in answering the questions or not.

(4) Officers appointed examining a person under subsection (1) shall first inform that person of the provisions of subsection (2) and (3).

(5) a statement made by any person under this section shall, where possible, recorded in writing and signed by the person making it or affixed cap head jarinya, as the case may be, after the statement was read out to him in a language he 210 laws of Malaysia ACT 715 made it and after she is given an opportunity to make any corrections he wanted.


Admissibility of statements as evidence 226. (1) except as provided in this section, no statement made by any person to an officer appointed in the course of an investigation made under this Act may be used as evidence.

(2) when any witness called for the prosecution or defense, other than the accused, the Court shall, at the request of the accused or the Prosecutor, referring to any statement

made by the witness to the officer appointed in the course of an investigation under this Act and may then, if deemed fit by the Court in the interest of Justice, direct that the accused be given a copy of the statement and the statement can be used to challenge the credibility of the witness in the manner provided by the Act Evidence 1950 [Act 56].

(3) if the accused has made a statement during the course of an investigation, the statement is admissible as evidence to support his defence during the course of the trial.

(4) no nothing in this section shall be deemed to apply to any statement made in the course of the parade cam or covered by section 27 or paragraph 32 (1) (a), (i) and (j) of the description of 1950.

(5) upon any person charged with any offence in relation to — (a) manufacturing; or (b) the content of, any statement made by him to an officer appointed in the course of an investigation made under public transport 211 of this Act, the statement can be used as evidence in the prosecution case.


Forfeiture of books, documents, etc., seized 227. (1) without prejudice to section 80, any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized may be dilucuthakkan.

(2) an order for forfeiture of books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized and may be dilucuthakkan under this Act shall be made by the Court before which prosecution therefor held if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that the , accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized is a matter for or was used in the Commission of the offence, although no one has been convicted of the offence.

(3) If no prosecution in respect of any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or substance seized under this Act, the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials shall be taken and deemed to be forfeited upon the expiry of one calendar month from the date of delivery of the notice to the address last known to the person from whom the book , accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material is seized stating that no prosecution in respect of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials that, unless before the expiry of such period a claim therefor 212 laws of Malaysia ACT 715 made in the manner specified in subsection (4) , (5) and (6).

(4) any person who asserts that he is the owner of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material referred to in subsection (3) and that it cannot be dilucuthakkan may, personally or by his agent authorized in writing, notice to the appointed officer in his possession books, accounts, documents, computerised data , signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials is held that he claim the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or the materials.

(5) where notice under subsection (4) is received, the officer appointed shall refer the matter to the magistrate's Court for its decision.

(6) a magistrate to whom the matter is referred under subsection (5) shall issue a summons requiring the person who pointed out that he is the owner of the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or the materials and people from whom it was seized to appear before the Magistrate, and when they are present or when they are not present , having proved that the summons has been duly served, the Magistrate shall proceed with examination of the matter and, upon proof that an offence under this Act has been committed and that the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized is a matter for or was used in the Commission of the offence , A magistrate shall order that the books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials that dilucuthakkan, and shall, in the absence of such proof, ordered its divestment.

Public transport 213 (7) any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material dilucuthakkan or be deemed to be forfeited shall be submitted to the Commission and shall be disposed of in such manner as it thinks fit by the Commission.


The cost for holding books, documents, etc., seized 228. If any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or substance seized under this Act held in the custody of the Government or the Commission pending the settlement of any proceedings in respect of an offence under this Act, the costs of holding the thing in custody shall, if any person is found to have committed an offence , be a debt due by the person to the Government and shall be recovered accordingly.


There are no costs or damages arising from seizure can be retrieved 229. No person shall, in any proceedings before any court in respect of any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or materials

seized in the exercise or purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief unless the seizure is made without reasonable cause.


The extra power 230. An officer appointed shall, for the purposes of the implementation of this Act, have the power to do all or any of the following: 214 laws of Malaysia ACT 715 (a) require the production of any books, accounts, documents, computerized data, cards, letters, pamphlets, sheet or notice placed by a licensee, the licensed operator licensee, terminal or any other person and to examine, review and download them , make copies thereof or take extracts therefrom;

(b) require the production of any document identification of any person in relation to any act or an offence under this Act;

(c) make any necessary investigation to see whether the provisions of this Act have been complied with.


Chapter 3 powers of enforcement police officer, etc.

The power of the police in the investigation of 231. Every police officer making an investigation under this Act may exercise any or all special powers in relation to police investigation in the case can arrest granted to police officers by chapter XIII of the criminal procedure code, and the provisions of sections 112 to 114 of the Code shall apply to the statement made by the person to be examined during the investigation.


Road Transport Officer in the investigation 232. (1) every road transport officer making an investigation under this Act shall have the power to require information, either orally or in writing, of any person who is said to know the facts and circumstances of the cases investigated.

Public transport 215 (2) Whoever, when required by a road transport officer to provide information under this section, giving true information which he knows or has reason to believe as false, commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not more than ten thousand dollars or to imprisonment for a term not exceeding one year or to both.

(3) where any such information is proved untrue or incorrect in whole or in part, shall not be a defence to say that the information or any part of the information has been disalahtafsirkan, or provided by mistake or without the intention of crime or fraud.


The uniform officer appointed shall submit the identity card of 233. (1) every officer appointed, if not uniform when acting on any person under this Act, shall, when requested, to declare his Office and submit to the person against whom he takes action of any documents that show its identity it as directed by the Commission to be brought by an officer appointed (2) It shall not be an offence for any person who refuses to comply with any request , requirements or orders made by any police officer, road transport officer or an officer appointed, which is not uniform, if the police officer, road transport officer or an officer appointed refuses to declare his Office and present his identity when required by that person.





216 laws of Malaysia ACT Chapter 4 715 234 various obstacles. Any person who — (a) refuses to give any police officer, road transport officer or an officer appointed access to any premises which such officer shall be entitled to it under this Act or in the discharge of any duty imposed or power conferred by this Act;

(b) mengamang preventing menggalang or delay any police officer, road transport officer or an officer appointed in making any admission that police officer, road transport officer or officer so appointed shall be entitled to make under this Act, or in the discharge of any duty imposed or power conferred by this Act; or (c) refuse to give any police officer, road transport officer or an officer appointed for any information relating to an offence or suspected offence under this Act or any other information related to the implementation of the functions and powers of the Commission under the law of the land public transport and is in its knowledge or in his power to give, commits an offence and can be , on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.





Public transport 217 compounding of offences 235. (1) the Minister may designate any offence under this act as an offence that can be compounded.

(2) any person who follows, namely — (a) the Chairman of the Commission or any officer appointed authorized by the Commission;

(b) the police officer, the Commissioner of Police or any police officer not below the rank of Inspector specifically authorised in writing by name or Office for that purpose by the Minister responsible for police;

(c) the Director General or Director for road transport or any road transport officer specifically authorised in writing by name or Office for that purpose by the Director General;

(d) Dato Bandar;
(e) the Perbadanan Putrajaya; or (f) an officer of the authority may be declared as the appropriate authority under paragraph (a) the interpretation of the "relevant authority" in section 67 the road transport act 1987, which specifically authorized in writing by name or Office for that purpose by the Minister responsible for local government, may, with the written consent of the public prosecutor, mengkompaunkan any offence committed by any person under this Act and the set became a compoundable under subsection ( 1) by making an offer in writing to the person suspected to have committed the offence to compound the offence when paid to the

make an offer to compound an amount of money not 218 laws of Malaysia ACT 715 exceed fifty per cent of the amount of the maximum fine for the offence within the time stated in the offer of literary skills.

(3) an offer under subsection (2) may be made at any time after the offence committed but before any prosecution for him started, and if the amount specified in the offer is not paid within the time stated in the offer or any extension of time that can be granted by the person making the offer to compound that, the prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.

(4) If an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made, and compound any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, equipment, motor vehicles, equipment or material seized in connection with the offence be released or dilucuthakkan by the Commission or any officer appointed authorised by the Commission , subject to such terms and conditions as he thinks fit to impose upon such terms as the compound.

(5) the amount payable in respect of an offence compounded under this section shall be paid into the funds of the land public transport Commission established under section 29 of the Act land public transport Commission 2010.


The Commission shall be notified of the conviction and compound 236. (1) where, during any of the proceedings leading to conviction, or upon conviction of any person for any criminal offence, comes to the knowledge of the court record of the conviction that the person (whether or not such person holds a license or license operators issued under this Act) is, or has become, or is acting as a driver, conductor or the owner of a public transport service vehicles 219 civil or public service vehicle operator , or the driver or owner of a tourist vehicle, or a vehicle driver or owner of the goods or goods vehicle operator, or the operator of a terminal, the Court shall immediately submit the details of the conviction, and of any sentence passed thereon, to the Commission.

(2) where any court submit a person for any offence under section 40 to 49 and section 69 the road transport act 1987, and the person convicted is the holder of a licence to act as a driver or conductor of a public service vehicle, motor vehicle or goods vehicle, the Court shall immediately send details of conviction, and any licence or such operator license If the details can be verified, to the Commission.

(3) where any officer had mengkompaunkan an offence pursuant to subsection 235 (2), the officer shall immediately submit the details of the offence to the Commission.


Reclaim fares, freight, special charges, etc.

237. (1) when any person is convicted before a court having jurisdiction of the crime is an offence under this Act, the Court may, in addition to imposing any penalty under this Act, determine or assess the amount of any fares, freight, special charges, surcharges, damages, expenses or whatsoever other sums that may become payable by the person to a licensee , a licensed operator or terminal licensees, and ordered the amount paid by that person to the licensee, the licensed operator or licensee of the terminal.


220 laws of Malaysia ACT 715 (2) no nothing in subsection (1) may prevent to recovered any fares, freight, special charges, surcharges, damages, expenses or whatsoever other sums that may be payable by any person to a licensee, the licensed operator or licensee terminal through a civil claim before the Court of civil jurisdiction.


Provision of evidence of 238. (1) a copy of the licence, the licence of an operator or approval, certified by the Chairman of the Commission as a true copy of the licence, the licence of an operator or the approval, be admissible in evidence for all purposes for which the original copy of the copy will be accepted if the original has been submitted and accepted in evidence without proof of the signature or authority of the person signing the license, the license operator or the approval or copies thereof.

(2) where in any proceedings for an offence under this Act has to be proven that any person is, or is not, the holder of a licence, licence operator or approval, a certificate purporting to be signed by the Chairman of the Commission and recommend that the person is, or is not, licensee, licence operator or the approval, be admissible in evidence and shall be prima facie evidence of the facts certified in the certificate , without proof of the signature of the Chairman of the Commission for the certificate.


239 presumption. In any proceedings for an offence under this Act, to the extent necessary to prove the offence charged, it shall be considered until proved otherwise — (a) that any passenger transport in a given public service vehicles, vehicle public transport 221 tourism or train, as the case may be, is to rent or wages;

(b) that any carriage of goods in a goods vehicle or train, as the case may be, is to rent or wages;

(c) that the passengers be carried in — (i) a public service vehicle brought in consideration of separate payments made by them;

(ii) a tourist vehicle brought in return for a payment or a separate payment made by them;

(iii) a train brought in consideration of separate payments made by them;

(d) that any person is not the holder of a vocational license under Chapter 6 part IV;


(e) that any person is not the holder of a licence the short or short term operator licence under part III; or (f) that any person is not the holder of a licence or the licence of an operator under part II, part III or part IV, as the case may be.


Kebertanggungan the registered owner and others in respect of the relevant vehicles 240. (1) unless expressly otherwise provided, any act or omission by any servants, agent or partner of the owner of the vehicle shall, for the purposes of any prosecution or proceeding under this Act, be deemed to be the Act or omission of the owner, unless 222 laws of Malaysia ACT 715 if he satisfy the Court that he took all reasonable steps and precautions to prevent the Act or omission.

(2) in the event of any act or omission by any servants, agent or partner of the owner of the vehicle related can be an offence against this Act if done by the owner, servants, agent or partner that is also guilty of the offence.


Prosecution 241. (1) no prosecution for any offence under this Act shall be instituted except with the written consent of the public prosecutor.

(2) any appointed officer authorized in writing by the public prosecutor may conduct the prosecution of any offence committed under this Act.


Offences by body corporate 242. (1) where a body corporate commits an offence under this Act, any person who at the time of the Commission of the offence was a Director, Chief Executive Officer, Chief Operating Officer, General Manager, Secretary or other similar officer of the body corporate or purporting to act on any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the body corporate or assist in the management of such — (a) may separately or in association in the proceedings the same together with the body corporate; and (b) if the body corporate is found to have committed the offence, shall be deemed to have committed public transport 223 the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya;
and (ii) that he took all reasonable precautions and has conducted all due diligence to avoid the Commission of the offence.

(2) if any person under this Act shall be liable to any penalty or penalties for the Act, omission, neglect or disbelief, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of any employee or his agent, or employee of the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person within its employment;
(b) by the agent while acting on behalf of that person; or (c) by the agent within the employee's employment with the agent or otherwise on behalf of the agent acting on behalf of that person.


Abetment and attempt is punishable as an offence of 243. (1) a person who is an accomplice in the Commission of or attempt to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.

(2) any person who commits any act in preparation to do, or as an extension to the Commission of any offence under this Act is guilty of 224 laws of Malaysia ACT 715 such offence and shall, on conviction, be liable to the punishment provided for the offence: provided that such term of imprisonment imposed shall not exceed half of the maximum term provided for that offence.


Whistleblower 244. (1) except as provided in subsection (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be required or permitted to disclose the name or address of any informer or the content and type of information received from it or to declare any matter that may cause she known.

(2) where any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, fittings, equipment or materials which constitute or which may be inspected in any civil or criminal proceedings whatsoever contains any entries naming or describing any whistleblower it or that may cause she known, the Court shall cause all such entries is closed from sight or deleted to the extent necessary to protect the informant of known.

(3) if in any proceedings for an offence under this Act, the Court, after a full investigation of the case, is of the opinion that the informant intentionally make in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without the informant known , is valid for the Court requires the submission of the original complaint, if written, and allow an inquiry and require full disclosure concerning the informer.
Public transport 225 245 document presentation. (1) service of any document to any person shall be executed — (a) by sending submit the document to that person or by sending submit the document to the person's residential address last known;

(b) by leaving the document at the address of the residence or last known place of business of the person in an envelope addressed to the person; or (c) by sending the document by post paid formerly addressed to that person at the address last known residence or at the place of business.


(2) a document are required to be served on the owner, MC or occupier of any premises shall be deemed to have been properly addressed if addressed by using the description of "owner", "MC" or "residents" of the premises without further description or name and may be served by sending the documents to submit an adult on the premises or, if no such person in the premises to which the document can be sent submit reasonable endeavours , with patch document in any part of the premises to see it.


Inaccuracies in the document 246. (1) no misnomer or inaccuracy description any person, premises, leasehold, street or place named or described in any document available, released or presented at the bottom, according to power or for the purposes of this Act may in any way affect the coming into operation of this Act in respect of a person or place is if the person or 226 laws of Malaysia ACT 715 the place specified in such a way in the document up to can be identified.

(2) no proceeding taken under or by virtue of this Act may not be valid because of bad form.

PART XII GENERAL public transport Fund 247. (1) a fund known as the "public transport Fund" established and shall be controlled and managed by the Commission.

(2) public transport Fund shall consist of — (a) any sum of money allocated by Parliament from time to time for the purpose of public transport;

(b) all money received for the purpose of this Fund in accordance with section 13; and (c) any other money as may be determined by the Minister.
(3) public transport Fund shall be expended for the purposes of the following: (a) public transport improvement;
(b) the provision of public transport services in rural development; or (c) any other purpose relating to public transport as determined by the Minister.

Public transport 227 (4) all costs, charges and expenses of administering the Fund shall be charged on the Fund and can be paid out of the Fund from time to time.

(5) money in the Fund, to the extent it is not immediately required to be expended by the Commission under this Act, shall be invested in any manner approved by the Minister, with the agreement of the Minister of finance.

(6) for the purposes of this Act, the financial year of the Fund shall begin on 1 January and ends on 31 December of each year.

(7) the Commission shall cause proper accounts for the Fund and reporting activities should respect the Fund kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of the accounts shall include a balance sheet and accounts regarding contributions and expenses; and (b) a report on its activities with respect to the management and administration of the Fund.

(8) the Commission shall cause a statement of account described in paragraph (7) (a) audited by independent auditors appointed by the Commission.

(9) the Commission shall as soon as possible to send a copy of the statement of accounts certified by an auditor and a copy of the auditor's report, together with the reports described in paragraph (7) (b) to the Minister who shall cause the statement and the report laid before both houses of Parliament.



228 laws of Malaysia ACT 715 Reporting to the Minister on the performance of industry 248. (1) the Commission shall monitor all significant matters relating to public transport and to report thereon to the Minister at the end of each financial year the Commission.

(2) in carrying out its functions under subsection (1), the Commission shall take into account any industry performance indicators that are found suitable by the Commission.

(3) the Commission should monitor and report on the following matters: (a) the handling and administration of this Act;
(b) the rate applicable to a public transport service;

(c) the amount of the investment in respect of public transport during that financial year;

(d) investment required in public transport for the ensuing year;

(e) standards of service and performance for licensees and licensed operators;

(f) environmental standards in respect of public transport;

(g) scheduling offence committed by the licensee, the licensed operators and their employees that involve each public transport means owned or used by them;

(h) an assessment of the condition and level of maintenance of the terminals and facilities, together with the priority listing and terminal facilities that suggested public transport 229 for an increase or renewal in the following year;

(i) scheduling complaints from members of the public to the Commission about any matters involving public transport;

(j) the response from public transport Forum during the past year about any matter affecting or relating to public transport;

(k) any deficiency in the scope or the coming into operation of this Act;

(l) the framework of competition for public transport service industry; and (m) any other matter deemed necessary by the Minister.
(4) the Commission shall publish a report on the matters specified in subsection (3) in such manner as it regards appropriate and shall make the report available to the public, as soon as that can be implemented, following from the date the Commission submits the report to the Minister.


Express 249. (1) the Commission shall maintain a register in both physical and electronic form on all matters which are required to be registered under this Act.

(2) any person shall, on the appointed dibayarnya fi — (a) inspect the register; and (b) make copies of, or take extracts from, such register.

230 laws of Malaysia ACT 715 (3) where a person is calling for a copy of the provided in electronic form, the Commission may provide information relating to that — (a) by using data processing devices; or (b) by electronic transmission.

Instructions by the Commission 250. (1) the Commission may from time to time issue directions in writing to any person, as provided in this Act, on the compliance or non-compliance with any condition of a licence or the licence of an operator or any of the provisions of this Act, including for the meremedikan breach a license or license the operator or any of the provisions of this Act.

(2) before making a direction under subsection (1), the Commission shall issue a written notice to that person stating the type of compliance required.

(3) the person shall be given the opportunity to be heard or can submit a written submissions about the reason for the behavior or activities within a reasonable time stated in the notice.

(4) after the expiry of the notice specified in subsection (3), the Commission shall consider any reasons provided by that person before making a decision in respect of the conduct or activity in respect of that person.

(5) after considering accordingly any reason given by that person, the Commission may issue a direction pursuant to subsection (1) requiring the person to take an action set out with a view to ensuring that the person does not contravene or not public transport 231 violates any condition of the licence or the licence of the operator or any of the provisions of this Act.

(6) the Commission shall give the person a written notice of the instructions as soon as workable, and instructions issued by the Commission shall be complied with.

(7) an order made by the Commission under this chapter shall be registered with the as soon as reasonably practicable.

(8) the Instructions shall become effective from the date of registration or any later date specified by the Commission in such directions.

(9) the Instructions shall expiry at any date specified by the Commission in the notice or, if no date is stated, the directive shall remain in force until the command is canceled.

(10) the Commission may vary or revoke an instruction and procedure specified in subsection (2), (3), (4), (5), (6), (7), (8) and (9) shall apply mutatis mutandis in respect of any variation or cancellation of an order.

(11) a person who fails to comply with the directions of the Commission under this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(12) the Commission shall maintain a register of all orders issued by the Commission, including any variation or cancellation of an instruction in accordance with section 249.


251. General exclusions (1) the Minister may, on the recommendation of the Commission, if it considers in accordance with the purposes of this Act or in the interest of the public, by order published in the Gazette exempt 232 laws of Malaysia ACT 715 a licensee, the licensed operator or licensee terminal, or a vehicle or train or a class of vehicles or the train from all or any provisions of this Act for such period and subject to any terms and conditions specified by the Minister.

(2) the Minister may at any time, on the recommendation of the Commission, by order published in the Gazette, revoke any order made under subsection (1).


Power of Minister to make regulations 252. (1) the Minister may, on the recommendation of the Commission, make regulations for all or any of the following purposes: (a) provides for all matters relating to the issuance of licenses, license operators and approval under this Act and the production of a copy of the license, the license operator and approval in the case of licenses, license operators and the approval of the lost or destroyed, including — (i) the eligibility of persons applying for a license operator license, or approval;

(ii) the procedure regarding the application, including the information required so that common given to the Commission and the determination of questions relating to the issuance, renewal, variation, surrender, refund, cancellation and suspension of licenses and license operators and conditions attached thereto;

(iii) the procedure regarding the application, including the information required so that common public transport 233 supplied to the Commission and the determination of questions relating to the issuance, alteration, cancellation and suspension of approval and conditions attached thereto;

(iv) the form of licenses, license operators and approval;
(v) fees in connection with any matter described above and way of payment thereof;

(vi) any other matter relating to the circumstances in which a licence, licence operators and approval may be cancelled or suspended under this Act;

(b) provides for all matters relating to exemption, partial or otherwise, with or without conditions, for any person or class of persons, or vehicle related or train or any class of vehicle or train, or use of a vehicle or train or any class of vehicle or train, of compliance with any or all the requirements of this Act , including information about the application procedure, which are required to be given to the Commission, and fees in connection therewith and method of payment of the fees;

(c) provide for any matter relating to Fund public transport;

(d) provides on the order form to be made under this Act by the Minister;

(e) provides for offences which can be compounded and the form to be used and the methods and procedures for the compounding of offences;

234 laws of Malaysia ACT 715

(f) provides for procedures and means of application for exemption or reduction of fare or freight can be made;

(g) allocate about vocational licence issuance to drivers train railway, criteria or tests that need to be filled or used in connection with the issuance of the licence, the procedure to apply for the licence, including information which are required to be given to the Commission in respect thereof, the form of the license, the conditions to be imposed upon him, the fees to be charged and the mode of payment of the fees;

(h) provides on the imposition, collection of claims, and substantial savings for the congestion pricing charge area and as a result thereof, and all other matters relating thereto;

(i) regulating the terminal through the licensing of the terminal operator or owner;

(j) provide for the construction of railway crossing or ways of approaching any road or jalan besar by a railway train;

(k) regulating the use of as a public service vehicle, motor vehicle or goods vehicles or any class thereof in the territory of Malaysia, a motor vehicle that is registered as a public service vehicle, motor vehicle or goods vehicles in any foreign country, by virtue of or subject to the provisions of any international agreement made by the Government;

(l) regulating the use of the train that is registered or licensed in any foreign country in the territory of Malaysia, according to the authority or subject to public transport 235 provision of any international agreements made by the Government;

(m) to declare what was considered as infectious diseases or spread and to regulate the circumstances under which the company train can carry people or animals who suffer from infectious diseases or spread it, and to assign for disinfection coach train that has been used by the person or the animal;

(n) provide for any matter relating to the implementation of the Commission's functions under the law of the land public transport;

(o) provides for conduct, functions and powers of the person appointed as an officer appointed under this Act and identity cards and uniforms to be worn by them;

(p) provides on procedures and any matters relating to appeals under this Act;

(q) provide for any matter relating to the approval of developing policies and plans relating to public transport;

(r) regulating the integration and coordination of public transport and public transport service provided by the licensee, the licensed operator and licensee terminal, and all matters related to it;

(s) provide for and fix any fees payable in connection with the provision of any service or matter under this Act;

236 laws of Malaysia ACT 715 (t) provides for any other matters to which this Act makes provision for real so prescribed;

(u) provides for any other matter necessary or expedient to carry out this Act.

(2) in the exercise of its powers under subsection (1), the Minister may make different regulations for class, description or use of different related vehicle or train in a way a specific public transport.


The power of the Commission to make rules 253. (1) the Commission may make rules for all or any of the following purposes: (a) provides for the carriage of passengers, their luggage and goods securely by public transport;

(b) provides for the use of secure and maintenance — (i) terminal; and (ii) include railway system train and railway premises;

(c) regulating the opening and closure of the train station and rail;

(d) regulating the activities in relation to, contiguous or incidental set operated in connection with the preparation of any rail services;

(e) provides for all matters relating to the standard customer under this Act;
Public transport 237 (f) provides regarding the obligations of the licensee and licensed operators in respect of disturbance to public transport service;

(g) allocate about prevention of trespass, nuisance, or restrictions on, or damage or injury in connection with a train;

(h) provides for the preservation and promotion of decent, sanitation and hygiene on a vehicle and train;

(i) provides for minimum standards and specifications in respect of design, construction and maintenance of a crossing gate or barrier flat work and for regulating the use of the flat-crossing;

(j) provides regarding the custody of licenses and license operators, production, return and surrender the licence and licence operators expiration, cancellation or suspension of licence and the operator license, or variation of conditions and care, production, return and deletion of documents;

(k) provides regarding the form of the register and other records to be kept and maintained by the Commission, the opening of, maintenance and its closing, inspection and taking extracts therefrom and supply copies thereof;

(l) provides regarding the form of the notification, the notice and order shall be made under this Act;

(m) allocate a record shall be kept by the licensee, the licensed operators and motorists and train, a statement shall be made and how to keep records;

238 laws of Malaysia ACT 715 (n) provides on all matters relating to the provision of information and additional information, and exemption from providing the information by the licensee, the licensed operator and licensee terminal, in addition to the information referred to in paragraph 252 (1) (b) and (f) and subparagraph 252 (1) (a) (ii) and (iii), and the level of detail, intervals, manner and form of the information to be provided in accordance therewith for the purpose of this Act;

(o) provides for the creation, administration and regulatory compliance-based commissioning scheme in respect of a licensee, the licensed operator or driver of vehicles

related or train and all matters relating thereto, including the certification pentauliah for such schemes and provisions relating to enforcement of such schemes;

(p) regulating duties, conduct and conditions of service including duty time for drivers, conductors and the person in charge of the relevant vehicle or train;

(q) regulating the number of persons to be employed as drivers, conductors and the person in charge of the relevant vehicle or train;

(r) provides for the form and procedures relating to applications for vocational license by railway train driver, minimum qualifications to be held by that person, to regulate the conduct, duties and authority of the person, and any matters relating to the terms of their services and requirements for on-going training;

(s) regulate the number of people to be carried on a public service vehicle, motor vehicle or train;

Public transport 239 (t) regulating the carriage of passengers in goods vehicles;

(u) provides about equipment, including fire extinguishers, first aid or tool safety cones to be carried by or attached to the relevant vehicle or train;

(v) provides for different types of taxi meter that can be allowed, limitation of its use, and control over the testing, repair and maintenance of taxi meter;

(w) regulating the delay or withdrawal related vehicle tow trucks or other motor vehicles and how to install them and for regulating and controlling the operation of the tow truck;

(x) provides about the behavior of person employed by or related to public service vehicles, vehicle or train, and the way the introduction and uniforms to be worn by them;

(y) provides about the behavior of passengers, on the way in or dropped from a public service vehicle, motor vehicle or train and conduct prospective passengers who are waiting to catch a public service vehicle (except a rental car and drive), travel vehicle or train;

(z) requiring the removal of — (i) any person who contravenes the rules made under paragraph (y) of a public service vehicle, motor vehicle or train; and 240 laws of Malaysia ACT 715 (ii) a passenger suspected with reasonable breach of rules made under paragraph (y) by driver or konduktornya to provide your name and address to a police officer, or a driver, conductor or employee or other enforcement officers licence holders or licensed operators are issued accordingly, or officer appointed, where relevant, when requested;

(aa) regulating the mode of payment and collection of fares and freight for public transport service and, subject to paragraph 252 (1) (r), System pentiketan;

(bb) requiring passenger on a public service vehicle (except a rental car and drive) or train, if requested so by the driver or konduktornya or employee or other enforcement officers licence holders or licensed operators are issued accordingly, so that left the vehicle at the end of the journey for which the fare has been paid by him;

(cc) provides for the safe storage or disposal of any property accidentally left in a public service vehicle, motor vehicle or train and recover costs incurred in connection therewith;

(dd) requires belts road is installed on any class or description public service vehicles or vehicles travel as stated, specifying minimum standard of quality material in respect of such belts and place where seatbelts that you want to install, require the use of public transport belt 241 helmet is in such vehicles, and control the sale or supply of belts which do not comply with the minimum standards for the quality of materials and construction;

(ee) indicating the size, shape and properties for any symbol, details, words, letters, colors, plate or mark to be displayed on any vehicle or class, how the coat of arms, details, words, letters, colors, plate or the sign is to be installed, displayed, disuar and dicamkan, makes it easy whether at night or during the day, and to provide about a symbol, details , words, letters, colors, plate or different marks to be brought by or placed in vehicles that are licensed for a specific purpose or to identify the vehicle as a vehicle under this Act;

(ff) prohibits, in connection with the use of vehicles and trains, the use of any appliance, apparatus or machinery, or conduct any act, which may cause annoyance or danger;

(gg) regulate the light and reflektor you want to install by or on any vehicle or any class or description of the vehicle, whether in respect of the type of light, a place where and at which the background color and light that you want to install, reflektor and time when it is to be lighted, or otherwise;

(hh) prescribing the circumstances that are subject to it, and the time when, items weighing unusual or exceptional dimension largely can be taken on the road by vehicle related;

242 laws of Malaysia ACT 715 (ii) prescribing the manner in which the vehicles used on the road that can be downloaded and precautions to be taken to ensure the safety of civilians in connection therewith;

(jj) prescribing conditions subject to it, and the time when, the goods can be loaded into or offloaded from vehicles or any class or description of vehicle related on the street, except in respect of any related vehicle registered in any foreign country which is subject to the provisions of any international agreement made by the Government;

(kk) prohibit or set conditions subject

to him the relevant vehicle or any class or description of vehicle specific related can be left in a State of rest or left unattended in any road, any road that certain classes or any particular road;

(ll) restrict and regulate the use of the road are vehicles carrying out upholding, place, move, change or repair lamp, cable up and work on the street or highway;

(mm) allocated on accounts and records shall be kept by the licensee, the licensed operator and licensee terminal, and records with respect to the terminals or use of vehicle related, as the case may be, under this Act;




Public transport (nn) provides 243 of the period in which a written recommendation by the Commission to the Minister can be submitted on the granting of approval for a railway scheme or a license to operate a train;

(oo) provides regarding the deposit plan, clipping on the scale and reference books for the purpose of approval a railway scheme;

(pp) provides for the construction, opening and closing and conditions of use flat-crossing suwa;

(qq) provides about how and frequency of inspection of a train after it has been opened;

(rr) provides for any other matters to which this Act makes a real provision for the Commission to make rules.

(2) in the exercise of its powers under subsection (1), the Commission may make rules that are different for class, description or use of different related vehicle or train in a way a specific public transport.


Penalty for subsidiary legislation 254. Regulations made under section 252 and the rules made under section 253 or any subsidiary legislation made under this Act may be set aside for any act or omission which is berlanggaran with the regulations, rules or other subsidiary legislation to be an offence and may provide for a penalty of a fine not exceeding five hundred thousand dollars or imprisonment not exceeding five years or both.


244 laws of Malaysia ACT 715 Minister's power to amend the schedule of 255. The Minister may, on the recommendation of the Commission, from time to time, by order published in the Gazette amend, cancel, add, replace, or otherwise amend the first schedule and the second schedule.


The Commission's power to issue guidelines or circulars 256. The Commission may, in General, in respect of this Act, or in respect of any particular provision of this Act, or in General with respect to the Commission of all or any of its licensees, licensed operators, terminal licensee or other person who is regulated under this Act, issued any guidelines or circulars as deemed necessary by the Commission for the purposes of the law of public transport.


Public authorities Protection Act 1948 257. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings of the Commission, any member of the Commission, any member of an investigation committee or any other Committee, any member of the Appeal Tribunal or officer, any employee of the Commission and any officer appointed in respect of any act, neglect or default done or omitted by him on such properties.


Legal protection and legal proceedings 258. The Commission, any member of the Commission, any member of an investigation committee or any other Committee, any employee of the Commission and any officer appointed cannot be sued against him in public transport 245 any court for loss or damages due to or caused by or in connection with, any act or thing done or commanded to be done or left than done by him in good faith and in the exercise of the proposed are such powers or discharge of any obligation assigned to it under This Act.

The FIRST SCHEDULE [section 2] CLASS VEHICLE PUBLIC SERVICE Interpretation 1. In this schedule — "bus" means a motor vehicle seating capacity not less than eight persons (including driver);

"buses" means a commute bus route approved by the Commission for carriage of passengers at a service that contains levels of fares, with fares, timetables and fare tables for each separate stage fare;

"Charter bus" means a bus rented as a whole for a trip on which payment is made to the owner by the person renting the bus;

the "express bus" means a bus commute along a path that is approved by the Commission, with timetable and fare, for carriage of passengers by a separate fare at a service that does not contain fare level which is less than thirty-two kilometres;

"mini bus" means a bus seating capacity not exceeding twenty six persons (including the driver) used to carry passengers with separate fares;

"employee bus" means a bus used to transport workers in any industry to and from their workplace and vice versa;

"intermediate bus" means a bus that does not have a fare level which is used to carry passengers on a trip round according to the fare separately from a permanent base in the lingkungannya distance of not more than seven kilometres;

246 laws of Malaysia ACT 715 "school bus" means a bus used solely to bring pupils or employees of a school or other educational institutions;

"taxi" means a motor vehicle seating capacity of not more than six persons (including the driver) used to bring a person in any travel in return for one fare;

"airport taxi" means a motor vehicle seating capacity of not more than seven people used solely to bring people to

and from the airport in return for a fee and operated from a fixed base or in a permitted area;

"luxury cab" means a motor vehicle seating capacity of not more than seven persons (including the driver) and operates from a permanent base or in an area which allowed in return for a fee;

"rental car" means a motor vehicle seating capacity of not more than six persons or, in areas approved by the Commission, twelve people (in all circumstances including the driver) used to bring a person in a consideration of the separate payments made by them;

"cars and drive" means a motor vehicle that is rented out for intent to guided by tenants or her nominee.


Public service vehicle classes 2. For the purposes of this Act, the public service vehicles should be categorized into the following classes: (a) stage buses;
(b) bus carter;
(c) express bus;
(d) minibus;
(e) the bus employees;
(f) intermediate bus;
(g) school bus;
(h) the airport buses;
(i) rental cars;
(j) cars and drive;
(k) taxi;
Public transport 247 (l) airport taxi; and (m) luxury taxi.
SECOND SCHEDULE [section 2] TOURIST VEHICLE CLASS Interpretation 1. In this schedule — "tour bus" means a bus used solely to bring tourists and in return for a payment there are no stage fare;

"cars and drive to tourist" means a motor vehicle that is rented for the purpose to guided by tenants or her nominee either tourists or non-travelers, and is used solely to bring travelers or tourists.


A tourist vehicle classes 2. For the purposes of this Act, a tourist vehicle shall be categorized into the following classes: (a) a bus; and (b) cars and drive to tourists.

248 laws of MALAYSIA Act 715 PUBLIC TRANSPORT ACT 2010 LIST AMENDMENT of laws that amend the short title effect from-no-249 laws of MALAYSIA Act 715 PUBLIC TRANSPORT ACT 2010 LIST SECTION AMENDED Section Power amend with effect from-no-