Tourism Vehicle Licensing Act 1999

Original Language Title: Tourism Vehicles Licensing Act 1999

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WM laws of MALAYSIA Act REPRINTING 594 TRAVEL VEHICLE LICENSING ACT 1999 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 594 TRAVEL VEHICLE LICENSING ACT 1999 the date of Royal Assent.................. June 30, 1999, the date of publication in the Gazette......... 8 July 1999 Travel vehicle licensing 3 laws of MALAYSIA Act 594 TRAVEL VEHICLE LICENSING ACT 1999 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation 3. Power of delegation of Commissioner PART II VEHICLE LICENSING TRAVEL 4. Vehicle travel shall be licensed 5. Application for licence 6. Grant of or refusal to grant a licence 7. Cancellation or suspension of licence 8. Period of licence 9. Short term licence 10. Conditions that can be attached to a licence 11. Statutory licence 12. Application for renewal of licence 13. Application for variation 14. Protection of the public interest 4 laws of Malaysia ACT 594 PART III APPEALS section 15. Appeal to the Minister 16. The validity of licences is extended in the successful appeal 17. Prohibition against similar applications when a previous application of the appeal is still under 18. Surrendering a license PART IV OFFENCES and PENALTIES 19. Prohibition of the use of vehicle unlicensed travel 20. Offence in relation to a licence suspended 21. Other transport interests shall be disclosed by the applicant 22. The information requested by the Commissioner of the licensee 23. Alteration of authorised vehicle 24. Transfer of title prohibited licence 25. Records and statement 26. False statement 27. The liability of the registered owner and others 28. The power of the police in the investigation 29. Road Transport Officer in the investigation 30. An initial prosecution 31. Jurisdiction try offence 32. 33. Provision of evidence Presumption 34. Delivery notification or document 35. Power to compound 36. Officers who do not wear uniforms shall submit the identity card of travel vehicle licensing 5 part V MISCELLANEOUS Section 37. Seizure 38. Pentaksahan contract 39. Regulations 40. Transitional and saving of 41. Power of Minister to make additional provisions, etc.
6 laws of Malaysia ACT 594 Travel vehicle licensing 7 laws of MALAYSIA Act 594 TRAVEL VEHICLE LICENSING ACT, 1999 an act to provide for the licensing and regulation of vehicle travel and for matters connected therewith.
[June 22, 2000, P.U. (B) 198/2000]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the tourist vehicle Licensing Act 1999.
(2) this Act shall apply throughout Malaysia.
(3) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "tour bus" means a bus used exclusively to bring tourists and in return for a payment there are no stage fare;
8 laws of Malaysia ACT 594 "vehicle" means a motor structure may move or be moved or used to bring any person or thing and which come into contact with the surface of the earth when moving;
"authorised vehicle", in relation to a licence issued under this Act, means the vehicle specified in the license and permitted to use under the license;
"motor vehicle" means any vehicle type, driven by machinery contained in the body of the vehicle and built or adapted to be used on the road and includes motor homes pulled;
"a tourist vehicle" means a bus or rental car and drive;
"cars and drive" means a motor vehicle that is rented out for purpose driven by tenants or her nominee either a tourist or non-travelers, and used exclusively to carry tourists or tourists;
"The Chief Police officer" has the meaning assigned to it in the Police Act 1967 [Act 344] and includes any police officer not below the rank of Inspector duly authorised in writing by the Chief Police officer to exercise the powers vested in a Chief Police officer by this Act;
"Director General" means the Director-General for road transport appointed under section 3 of the road transport act 1987 [Act 333] and includes Deputy Director General, Director and Deputy Director;
"Secretary-general" means the Secretary-General of the Ministry charged with the responsibility for tourism;
"licence" means a licence issued under this Act and includes a short-term licence issued under section 9;
"Minister" means the Minister charged with the responsibility for tourism;
A tourist vehicle licensing 9 "authorised officer" means an officer appointed under section 40 the tourism industry Act 1992 [Act 482];
"road transport officer" means any person appointed to be a road transport officer under section 3 of the road transport act 1987;
"police officer" includes an additional police officer, police officer voluntary savings or help police officers appointed under the Police Act 1967;
"the tourist" has the meaning assigned to it in the tourism industry Act 1992;
"driver" means a person who is driving a motor vehicle;
"owner", in relation to a motor vehicle registered or deemed to be registered under the road transport act 1987, means the registered owner of the vehicle;
"registered owner" means the person who is registered as the owner of a motor vehicle under the road transport act 1987;
"tourism industry" has the meaning assigned to it in the tourism industry Act 1992;
"business travel vehicle" means the business of operating or rent a tourist vehicle;
"Commissioner" means the Commissioner of tourism appointed under section 4 of the Travel Industry Act 1992;
"company" has the meaning assigned to it in the companies Act 1965 [Act 125].
Power of delegation of Commissioner 3. (1) the Commissioner may, in writing, delegate the exercise of any powers and functions conferred upon him by this Act to any public officer as he thinks fit.
10 laws of Malaysia ACT 594 (2) where any of the powers or functions delegated to any public officer under subsection (1), any reference to "Commissioner" in this Act shall include a reference to the public officer.
PART II TRAVEL travel Vehicle VEHICLES must be licensed 4. (1) No person shall carry out or organizing itself as doing business travel vehicles unless a company licensed under the tourism industry Act 1992 and holding a valid licence granted under this section.
(2) any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both, and in the case of a continuing offence shall, in addition, to a fine not exceeding five hundred dollars for each day that the offence continues to do.
Application for licence 5. (1) an application for a licence shall be made in writing to the Commissioner in the prescribed form.
(2) every application under subsection (1) shall be accompanied by any documents or information as may be prescribed and the Commissioner 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 as it may deem necessary for the purposes of determining the suitability of the applicant for the license.
(3) where any document or additional information required under subsection (2) is not given by the applicant within the time specified in the requirements or any extension of time granted by the Commissioner, the application shall be deemed to be withdrawn and shall not continue, without prejudice to the applicant to make a new application.
Vehicle licensing Travel 11 Grant or refusal to grant a licence 6. (1) on receipt of an application under subsection 5 (1), the Commissioner shall consider the application and may, if he is satisfied as to the suitability of the applicant and on payment of the fee prescribed — (a) approve the application in whole or in part;
(b) provide different classes of licence or with the load carrying passengers that are different from those specified in the application; or (c) reject the application.
(2) a person may hold two or more licenses, from either the same class or in different classes.
Cancellation or suspension of licence 7. (1) the Commissioner may cancel or suspend any licence if he is satisfied that — (a) any provision of this Act or any other written law or any conditions of the licence have not been complied with;
(b) the granting of the licence has been spurred by a false misstatement of fact by or on behalf of the licensee;

(c) travel of the vehicle has been used or proposed to be used for a purpose, which is unlawful or the original purpose for which the license was issued no longer exist; or (d) the travel undertaking who carries or operate a tourist vehicle that has stopped from running or handle any tourism business upon cancellation or suspension or failure to renew his/her license for undertaking tourism under the tourism industry Act 1992.
12 laws of Malaysia ACT 594 (2) Notwithstanding subsection (1), the Commissioner may not cancel or suspend a licence on the ground of infringement referred to in paragraph (a) or (c) unless he is satisfied, after giving the licensee an opportunity to make any representations in writing made by them that wanted to, that the license should be revoked or suspended because of kerapnya breaches, or infringement is done intentionally , or because of the danger to civilians as a result of the infringement.
(3) for the purposes of subsection (1), a breach of any of the conditions referred to in section 11 shall be deemed to be a breach of the dangers to the public.
(4) where a licence has been cancelled or suspended, the license will not have effect from the date of cancellation or during the period of suspension, as the case may be.
Period of licence 8. (1) a licence shall, unless cancelled in advance, valid for a period not exceeding three years.
(2) when a licence is given, the Commissioner shall state the date that the license takes effect and the date of expiry of the licence, and the dates shall be included in the license when the license was issued.
(3) if at the date of expiry of the licence, other than a short term licence granted under section 9, the proceedings before the Commissioner on the licensee's application for renewal of a licence under section 12 has not been completed, the license shall remain in force until the application is disposed of, but in the meantime without prejudice to the exercise of the power of suspension or termination provided by this Act.
Short term licence 9. (1) where an application has been made to obtain a licence under this Act, the Commissioner may, if administrative reasons or by reason of the keterdesakan of the matter he thinks Travel vehicle licensing 13 should be made in such pending the application is disconnected, provide a short term licence to the applicant for such period and subject to such conditions as he thinks fit.
(2) short term Licence cease to have effect from the date the Commissioner gives its decision on the application and will not be able to force more than six months.
Conditions that can be attached to the licence 10. (1) the Commissioner may attach such conditions as he thinks fit to any licence and, in particular, conditions that can include the following: (a) in the case of an authorised vehicle that is a bus, the itinerary of the tour buses and the list of passengers to the number of their identity card or passport, as the case may be, that will be carried in the bus, and both may be inspected;
(b) the maximum number of passengers which may be carried;
(c) the requirement that only the holder of the licence or qualified person only can drive or operate the vehicle allowed;
(d) the requirement that the provisions contained in any written law in respect of the conduct of motorists tourists, followed;
(e) the requirement that licensees must keep and show an account, certain documents and records when requested for inspection and verification.
(2) the Commissioner may, at any time and from time to time in its discretion, add, cancel or vary any of the conditions attached to a licence under this section.
14 laws of Malaysia ACT 594 (3) licensee, or any person who uses or causes or permits the use of travel of a vehicle in respect of which a licence has been issued under this Act, that does not comply with any conditions attached to the licence under this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Statutory licences 11. (1) there shall be a condition of every licence in respect of a tourist vehicle — (a) that vehicle travel is maintained in good condition and can use as determined by the Director General;
(b) that any provision contained in any written law in respect of the limits of speed and vehicle weight, with load and without load, are complied with in relation to vehicle travel.
(2) the licensee, or any person who uses or causes or permits the use of a vehicle in respect of which a licence has been issued under this Act, that does not comply with any requirements under this section, is guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Application for renewal of licence 12. (1) subject to subsection (2) and (3), any person who is a holder of a licence the satisfaction of the Commissioner that since the date of the license provided she conducted lawfully and continuously travel vehicle business in accordance with the terms and conditions of a licence, shall upon application made to the Commissioner for Tourism vehicles licensing renewal 15 the license, takes precedence of all other applicants for a licence to mejalankan business travel vehicle that is largely similar to the service which is provided by the the holder of the license.
(2) an application for renewal of a licence under subsection (1) shall be made at least thirty days, but not more than sixty days before the expiration date of the licence and the application shall be accompanied by any documents and information required by the Commissioner.
(3) the fee prescribed shall be payable when the application is approved.
(4) If 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 Commissioner.
Application for variation 13. When a licensee applying for a variation of conditions of a licence, the Commissioner may — (a) approve the application in whole or in part;
(b) refuse the application; or (c) order any variation of any condition other than the variation set out in the application.
Protection of the public interest 14. Unless expressly otherwise provided, no nothing in this Act shall be deemed to give Licensee any right to pursue any interest arising out of the provisions of this Act, or of any licence granted or deemed to be given or from any conditions imposed on any such licence.
16 laws of Malaysia ACT 594 PART III APPEALS Appeal to the Minister 15. (1) any person aggrieved by — (a) the refusal of the Commissioner to license any tourist vehicle under paragraph 6 (1) (c) or to renew any such licence under section 12;
(b) any condition imposed by the Commissioner; or (c) the cancellation or suspension of any licence under section 7, may appeal in writing to the Minister within thirty days from the date of the notice of refusal or revocation or suspension is delivered to that person.
(2) the decision of the Minister on an appeal shall be final.
The validity of licences is extended in the successful appeal 16. Notwithstanding section 8, if the Minister allows fully an appeal against revocation of a licence under this Act, the validity of the license shall be extended for a period equal to the period of the license has no effect and the extended period shall be included in the license.
Prohibition against similar application when earlier application still under appeal 17. (1) where an application made under this Act and the Commissioner decided to decline it or approve in part only and the applicant subsequently appealed against that decision, he shall not later make a similar application under this Act in respect of a vehicle of class and type of the same regardless of the number of vehicles travel applied, until the appeal has been disconnected or disposed of by the Minister.
Vehicle licensing Travel 17 (2) If any licence granted, whether as a result of an appeal or application then it, or both, such licence granted shall be void and shall not have effect.
Surrender of licence 18. (1) If an appeal is rejected under section 15, the licensee shall, within fourteen days from the date of notice of rejection of the appeal was delivered to him, surrender his/her license to Commissioner.
(2) any person who does not surrender his/her license as required under subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
PART IV OFFENCES and PENALTIES Prohibition against the use of unlicensed travel vehicle

19. (1) No person shall use a motor vehicle or cause or permit a motor vehicle used as a tourist vehicle unless there is in force in respect of the vehicle is a licence granted under this Act that allows such use, or other than in accordance with the licence and any conditions attached to it.
(2) any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or both.
18 laws of Malaysia ACT 594 Offences relating to license suspended 20. Licensee who uses or causes or permits the use of a vehicle as a tourist vehicle during license in respect of the vehicle is suspended under section 7 is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Other transport interests shall be disclosed by the applicant is 21. (1) without prejudice to section 5, any person seeking to obtain a licence or variation of any condition of the licence shall be revealed or stated in the application form prescribed — (a) any other licence issued to him under this Act or under any other written law;
(b) any interest or right which by the applicant in the business of any other person who provides facilities to bring tourists to rent or wages in Malaysia;
(c) any interest or rights owned by others in the business of the applicant and in the case of an applicant which is a company, any right which by others to nominate any Director of the company.
(2) any applicant who does not disclose the information required under subsection (1) or provide any information which he knows is false or incorrect in whole or in part, is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
19 Travel vehicle licensing information requested by the Commissioner from licensees 22. (1) when requested by the Commissioner, then be the duty of every holder of a licence under this Act to provide, within the time specified by the Commissioner, details of — (a) any agreement or arrangement that touches in any case material preparation facilities to bring tourists to rent or wages would be made by the licensee with any other persons who will provide such facilities , whether within or outside Malaysia;
(b) any interest or right which by licensee in the business of any other person who provides facilities to bring tourists to rent or wages in Malaysia;
(c) any interest or right which by any other people in the business licence holder, and in the case of the holder which is a company, any right which by others to nominate any Director of the company.
(2) any person who refuses to or does not provide, in a timely manner, any information required to be supplied by him under subsection (1) or provide any information which he knows is false or incorrect in whole or in part, is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Variation of the vehicle allowed 23. (1) the licensee shall not make any alteration, other than replacing parts, the structure or fixed equipment of a vehicle is allowed without the approval of the Director General.
20 laws of Malaysia ACT 594 (2) any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Transfer of licence prohibited 24. (1) subject to subseskyen (4), the licensee may not transfer or assign the licence to any other person.
(2) except with the agreement prior Commissioner, licensee may not appoint an agent or Attorney for the purpose of exercising any of the rights granted to the licensee and shall not cause or permit any such agent or representative exercise any such rights.
(3) the holder of a licence in the form to transfer title or assign the licence or cause or allow any other person to use an authorised vehicle or hold services allowed in the license is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(4) the Commissioner may allow transfer of title license if a company which is the holder of a licence dilikuidasikan or one recipient or manager appointed in connection with the business of the licensee or, if for any reason the Commissioner is satisfied that the unfair if not done so.
The records and statements of 25. (1) be the duty of the holder of a licence granted in respect of any business travel vehicle to store any accounts and records as may be prescribed and to give to the Commissioner such records, accounts, financial statements and statistical or other documents for such period and in such manner as may be prescribed, along with any other details as may be required by the Commissioner.
Vehicle licensing Travel 21 (2) be the duty of the holder of such licence to store any records relating to the use of authorised vehicle as may be prescribed.
(3) the Commissioner or the Director-General may, by notice in writing, require the licensee to submit any records, accounts, financial statements and statistical or other documents, at any time and place, as specified in the notice, and to provide the Commissioner, Director General, authorized officers or road transport officer reasonable facilities for review and examine records, accounts, financial statements and statistical or other documents and his satisfaction about the adequacy and accuracy.
(4) any person who contravenes this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
False statement 26. (1) any person who — (a) for the purpose of getting under this Act grants of any kind or description license for himself or any other person or any such licence, or for the purpose of preventing the grant or variation of any such license or get the imposition of any conditions or restrictions in connection with any such license, make any statement or declaration at its knowledge is false or incorrect , whether wholly or partly, or misleading in any material matters;
(b) give such particulars in relation to an application for a licence under this Act which in its knowledge is false or misleading in any material matters;
22 laws of Malaysia ACT 594 (c) make any entries in the records, register or other document required to be issued, disimpankan, maintained or provided under this Act that is false or misleading in any material things, is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2) in any prosecution under this section, when it has been proved that any application, details, statement, account, document or written statement was false or incorrect wholly or partly or misleading in any material, then it shall be deemed, until the contrary is proved, that the application, details, statement, account, document or written statement that is false or incorrect or misleading in any material thing , as the case may be, on the knowledge of the person signing, send or set it up.
(3) any person who — (a) falsify, alter, interfere with, damage, maim or uses, or lends to or membenar for use by any other person, any mark, plate or document required by this Act that carried or exhibited on a tourist vehicle or on the license;
(b) makes or has in his possession any mark, plate or document which hardly resembles any mark, plate or such documents with a view to deceive;
(c) amend any entry made in a register, licence or other document issued or kept under this Act;
(d) exhibit at any motor vehicle any licence or identification mark, plate or document which has been altered, tampered with, defaced, dicacatkan or added, or any imitation for a licence, mark, plate or document required under this Act that carried or exhibited on a vehicle travel;
Vehicle licensing Travel 23

(e) exhibit at any motor vehicle any licence or identification mark, plate or document which represents tourist vehicle does not belong to the motor vehicle;
(f) provide or maintain or permit the provision or maintenance of false records that are not required to be maintained under this Act; or (g) falsify or permit the falsification of records which are required to be given under this Act, is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(4) Notwithstanding paragraph (3) (d), a person cannot be found guilty of an offence if he prove that he had acted in good faith and had no reasonable grounds to assume that the license or identification mark, plate or document that has been altered, tampered with, defaced, dicacatkan or added, or that the license, mark, plate or document is a license, mark, plate or document imitation.
(5) If any police officer or road transport officer has reasonable cause to believe that a document be carried in a vehicle or any licence or records or other documents submitted to him by the driver or the person responsible for a tourist vehicle in accordance with this Act, is a document related to it an offence has been committed under this section , police officer or road transport officer can seize documents, licences or the record.
(6) for the purposes of this section, "document" includes badges and "seize" includes "removing from the vehicle".
The liability of the registered owner and others 27. (1) for the purposes of any prosecution or proceeding under this Act, the registered owner of a vehicle travel shall be deemed to be the owner of the tourist vehicle.
24 laws of Malaysia ACT 594 (2) any person who at the time of Commission of the offence under this Act by any body corporate is an independent, General Manager, Manager, Secretary or such other officer of the body corporate, or purporting to act on any such property, shall be deemed to have committed the offence unless he proves that the offence was done without his knowledge or that he has taken reasonable steps to prevent the Commission of the offence.
(3) unless expressly otherwise provided, any act or omission by any servant, agent or partner of the owner of a tourist vehicle shall, for the purposes of any prosecution or proceeding under this Act, be deemed to be acts or omissions of the owner, unless he is the satisfaction of the Court that he took all reasonable steps and precautions to prevent the Act or omission.
(4) in the event of any act or omission by any servant, agent or partner of the owner of a tourist vehicle can be an offence under this Act if done by the owner, servant, agent or partner is also guilty of the offence.
The power of the police in the investigation of 28. Every police officer making an investigation under this Act may exercise any or all special powers relating to police investigations in cases can arrest granted to police officer under Chapter XIII of the criminal procedure code [Act 593] and sections 112 to 114 of the Code shall apply to the statement made by the person to be examined in the course of the investigation.
Road Transport Officer in the investigation 29. (1) every road transport officer making an investigation under this Act shall have the power to get information, either orally or in writing, of any person who is expected to find out the facts and circumstances of the case under inquiry.
Vehicle licensing Travel 25 (2) any person who, when required by a road transport officer to provide information under this section, refuse to comply with the request or stated as true any information which he knows or has reason to believe as false, is guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) when any information that is provided to an officer the road transport proved to be untrue or incorrect in whole or in part, shall not be a defence to say that the information or any part thereof has been disalahtafsirkan, or provided with accidental or culpable criminal or tipuan.
An initial prosecution 30. No prosecution in respect of an offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Jurisdiction try error 31. Notwithstanding any law to the contrary, a first class Magistrate Court has jurisdiction shall try any offence under this Act and may drop the full penalty for any such offence.
Provision of evidence 32. (1) a copy of a licence, which is verified by the Commissioner as a true copy of the licence, 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 who signed the licence or a copy of it.
(2) if in any proceedings for an offence under this Act has to be proven that any person is, or is not, the holder of a license, a certificate in the form of 26 laws of Malaysia ACT 594 signed by the Commissioner and verify that a person is or is not, licensee, is admissible in evidence and shall be prima facie evidence of the facts verified in the certificate , without proof of the signature of the Commissioner for the certificate.
Assuming the 33. In any proceedings for an offence under this Act, to the extent necessary to prove the offence charged, he shall be deemed, until the contrary is proved otherwise — (a) that any carriage of tourists in a tourist vehicle is to rent or wages;
(b) that tourists brought in a tourist vehicle brought in return for a payment or a separate payment made by them;
(c) that a vehicle is not an authorised vehicle under this Act;
(d) that a person is not the holder of a licence in respect of a vehicle travel;
(e) that a person is not the holder of a licence authorizing it to provide any particular service;
(f) that a person is not the holder of a licence issued under section 9;
(g) that a person is the owner of a tourist vehicle; or (h) that a person is the holder of a licence.
Delivery notification or document is 34. (1) any notification or document required to be given or served under this Act shall be sent by registered post to the person who paid to him or to a notification or document is required to be given or served.
Vehicle licensing Travel 27 (2) where a notification or document is served by registered post prepaid, the notification or document shall be deemed to have been served on the day following the day on which the notification or document should be received in the ordinary course of post, if the notification or document addressed — (a) in the case of a company incorporated in Malaysia, at the registered office of the company;
(b) in the case of a company incorporated outside Malaysia, either to the individual authorized to receive service of process under the companies Act, 1965, at the address filed with the Registrar of companies or the registered office of the company, wherever located.
(3) if the person to have addressed a registered letter containing any notice that may be given under the provisions of this Act are alerted to the fact that there is a registered letter that is currently waiting to be collected by it at the post office, and the person refusing or neglecting to take the registered letter, such notice shall be deemed to have been duly delivered to him at the date she was told.
Power to compound 35. (1) any officer of the following can compound any offence under this Act may be prescribed as an offense can compound to collect from the person with reasonably practicable, suspected to have been committed such offence a sum of money not exceeding five hundred ringgit: (a) the police officer or any police officer not below the rank of Inspector duly authorised specifically in writing by name or Office for that purpose by the Minister charged with the responsibility for police;
(b) the Director General or any officer authorised road transport with specifically in writing by name or Office for that purpose by the Director General; or (c) the Commissioner or any officer duly authorised.
28 laws of Malaysia ACT 594 (2) an offer under subsection (1) may be made at any time after the offence is committed but before any prosecution for him started.

(3) if the amount specified in the offer is not paid within the time stated in the offer, or within an extension granted by the officer making the offer or any of the officers referred to in the same paragraph in subsection (1) as the officer, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.
(4) when an offence has been compounded under subsection (1), no prosecution shall be instituted subsequently in respect of the offence against the person to whom the offer to compound has been made.
Officers who do not wear uniforms shall submit the identity card 36. (1) every police officer and road transport officer, 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 is acting any document that proves its identity as directed by the Chief Police officer, in the case of a police officer, or as directed by the Director General, in the case of a road transport officer so that brought about by the police officer or officer in charge of the road transport respectively.
(2) it shall not be an offence for any person to refuse to comply with any requirement, request or order made by any police officer or a road transport officer not dressed in uniform if the police officer or road transport officer refuses to declare his Office and present his identification when requested by the person.
Vehicle licensing Travel 29 part V MISCELLANEOUS Seizure 37. (1) a road transport officer or police officer not below the rank of Inspector may seize any motor vehicle in any place where any offence against section 20 has been done or if he has reasonable cause to suspect that any such offence was committed in respect of the motor vehicle.
(2) where any motor vehicle has been seized under subsection (1), a road transport officer or police officer not below the rank of Inspector may, in its discretion, return the temporarily the vehicle to the owner of the vehicle, when officer of assurance is given that the vehicle will be surrendered to him on demand.
(3) an order for forfeiture or release of any motor vehicle seized under subsection (1) shall be made by the Court before which the prosecution regarding forfeiture or relief that were held.
(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 this Act has been committed and that the vehicle is a matter of the offence, though none has been convicted of such offences.
(5) If no prosecution in respect of any motor vehicle seized under subsection (1), the vehicle shall be released upon the expiry of one calendar month from the date of seizure unless the vehicle has been released in advance.
30 laws of Malaysia ACT 594 contract Pentaksahan 38. Any contract to bring someone in a tourist vehicle shall be invalid in so far as the contract purporting to deny or limit the liability of any person in respect of any claim which may otherwise be in valid against that person in respect of death or bodily injury to tourists while carried in, entering or alighting from the vehicle, or purporting to impose such conditions with respect to the enforcement of any such liability.
Regulations 39. (1) the Minister may make regulations for carrying out the provisions of this Act with more, better and more easily, and without prejudice to the generality of this provision, the Minister may make regulations in respect of — (a) the fixing of the documents and information shall participate in any application for a licence;
(b) the procedure for application and the determination of questions-questions relating to the granting, variation, surrender, suspension and revocation of licences and the conditions imposed on the licence, and in respect of the appeal;
(c) the granting of licences and the issuance of a copy of the licence in the case of a licence is lost or destroyed;
(d) an offence can be compounded and procedures for the compounding of such offence;
(e) the fees payable, mode of payment and the person liable to pay fees, exemption of any person or class of persons or any class of the company from the payment of such fees, or reduction of such fees;
(f) the custody of the license, production, return, surrender and cancellation of license on termination, suspension, cancellation or variation of conditions of a licence and the custody, production, return and deletion of documents;
(g) the form of register and other records to be kept and maintained by the Commissioner, the provisions for the licensing of tourist vehicle 31 opening, maintenance and closure of registers and other records, the provisions for the inspection and taking an extract from the register or record and supply a copy of the register or records and the fee payable for the inspection, extracts and copies of such respectively;
(h) notification to the Director General or the Commissioner of tourism vehicles which have been halted from used under a licence granted under this Act;
(i) the records shall be kept by the licensee and authorised vehicle driver and statements to be made;
(j) prescribing a penalty (not exceeding the penalty specified by section 119 road transport act 1987) for any breach of any regulations made under this Act;
(k) the manner in accordance therewith travel vehicles are identified as the authorised vehicle, either through plates, signs and otherwise, and then assign a Word, letters, numbers, colors or different signature for sealing or not attached to the authorised vehicle;
(l) the safe custody or disposal of any property accidentally left in a tourist vehicle and fixing of payments made in respect of custody;
(2) the Minister may make regulations in respect of different classes or descriptions of different authorised vehicle and in respect of the classes and description authorised vehicle similar in different circumstances.
Transitional and saving 40. (1) all subsidiary legislation relating to the licensing of travel of the vehicle laid down by the commercial vehicles Licensing Board Act 1987 [Act 334] shall be deemed to have been made under this Act and shall remain in force until amended or revoked under this Act.
32 laws of Malaysia ACT 594 (2) any licence, permit or other document in respect of travel of a vehicle, or any reduction in fees or any exemption issued or given under the commercial vehicles Licensing Board Act 1987 and in force immediately before the commencement of this Act, shall, as far as production or pemberiannya is not not in accordance with this Act, continue in force until the expiration , or modified, amended, suspended or cancelled under this Act.
(3) where an application for the grant of a licence in respect of travel of the vehicle had been made before the date of commencement of this Act and is pending immediately before that date, the application shall be determined and continued under the commercial vehicles Licensing Board Act 1987 by the Board established under the Act, subject to any modifications to the application made it to menyelaraskannya with the provisions of this Act , and subject to any direction given by the Board in respect of the continuance of the proceedings upon such an application.
(4) where any appeal in respect of decisions made under the commercial vehicles Licensing Board Act 1987 is still pending before any right to appeal with respect to that decision, the proceedings in respect of accrued thereto or with respect to any appeal under the right to appeal accruing, may be continued or commenced under the Act, as if this Act was not made.
Power of Minister to make additional provisions, etc.
41. (1) the Minister may, by regulations, make such provisions as he thinks necessary or expedient for the purpose of removing any inconvenience caused by the commencement of this Act, and such regulations can be made so with effect from the first currency of this Act.
(2) the Minister's power under subsection (1) shall not be carried out after a period of three years from the first currency of this Act.
Vehicle licensing of travel 33 laws of MALAYSIA Act 594 TRAVEL VEHICLE LICENSING ACT 1999 LIST AMENDMENT law short title force amend from – No – 34 laws of Malaysia ACT 594 laws of MALAYSIA Act 594 TRAVEL VEHICLE LICENSING ACT 1999 LIST SECTION AMENDED Section Power amend with effect from – THERE are –