Commercial Vehicles Licensing Board Act 1987

Original Language Title: Commercial Vehicles Licensing Board Act 1987

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Laws of Malaysia Act 334 Reprinting the commercial vehicles Licensing Board Act 1987 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 2010 2 laws of Malaysia Act 334 commercial vehicles Licensing Board Act 1987 Royal Assent date............... August 30, 1987, the date of publication in the Gazette......... September 24, 1987 commercial vehicle licensing board 3 laws of Malaysia Act 334 commercial vehicles Licensing Board Act 1987 arrangement of sections part i preliminary section 1. Short title and commencement 1a. Application 2. Interpretation part ii commercial vehicles Licensing Board 3. The establishment of the commercial vehicles Licensing Board 4. membership of the commercial vehicles Licensing Board peninsular malaysia 5. membership of the commercial vehicles Licensing Board Sabah 6. membership of the commercial vehicles Licensing Board Sarawak 7. exercise of the functions of the Chairman for a period while 8. 8a Committee. The appointment of Officers of the Board 9. Provisions relating to members of the Board and Committee 10. procedures of the Board and general instructions the Minister 11. Delegation by the Board 12. annual report 13. information to be given to the Board of 4 laws of Malaysia Act 334 part iii classification and licensing of commercial vehicles Section 14. classes and categories of commercial vehicles Division iV General provisions as to licences. Application for licence 16. Power Board 17. period of licence 18. short term licence 19. Conditions that may be imposed on the licence 20. Statutory license 20a. Application for approval to participate in the business in business or agreement 21. Application for renewal of licence 21a. Documents required for renewal of licences 22. Application for variation 23. Temporary transfer of public service vehicles use 24. Temporary use of vehicles ' C ' as the vehicle ' a ' 25. power to cancel or suspend the licence of 25a. Prohibition relating to licence suspended 25B. The power of the Board to replace 26 license. Protection of the public interest part V appeal 27. appeal to the Minister 28. Minister's power to appoint appeal Committee 29. The order on appeal is binding on the 30. a condition in which there is no right of appeal 31. the validity of licences is extended in the successful appeal 32. the same prohibition when previous application still in the commercial vehicles Licensing Board appeal 5 part Vi offences and penalties Section 33. prohibition of use of public service vehicles that are not licensed 34. prohibition of use of unlicensed goods vehicle 35. Use of goods vehicles to carry passengers shall be licensed 36. other transport interests shall be disclosed by the applicant is 37. information required by the Board of licensees 38. Alteration of authorised vehicle 39. Pemindahmilikan a license prohibited 40. the records and statements 41. Pensubahatan offence 42. False statements 43. the liability of the registered owner etc 44. the power of the police in the investigation 44a. Road Transport Officer in the investigation 44B. Officer Board to investigate, etc.
44 c. The power to seize documents, etc. 45. who can claim 45a. The authority ordered the presence in Court of 46. Provide evidence of 47. 48 presumption. Presentation and sign the notification or document 48a. Offences and penalties General 49. power to compound 50. Officer not wearing uniforms shall submit the identity card part Vii miscellaneous 51. Seizure 51a. Detention of vehicle 6 laws of Malaysia Act 334 Section 51B. Determination of vehicle weight 52. Reservation of licence 53. limit on the number of vehicles of a certain class of 54. Classification and numbering of bus route 55. make contracts invalid 56. methods of 57. Repeal, transitional and saving 58. power of Minister to make additional provisions, etc.
Commercial vehicles Licensing Board 7 laws of Malaysia Act 334 commercial vehicles Licensing Board Act 1987 an act to provide for the licensing and regulation of commercial vehicles and matters connected therewith.
[1 January 1988, P.U. (B) 585/1987]
Be it enacted by the Seri Paduka baginda yang di-Pertuan agong with the advice and consent of the Dewan negara and Dewan rakyat in Parliament assembled, and by the authority of the same, as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the commercial vehicles Licensing Board Act 1987.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
application of 1A. This Act shall not apply to any commercial vehicle that is subject to any law relating to tourism or tourism industry.
8 laws of Malaysia Act 334 interpretation 2. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"goods" means any article, including livestock, carried on or in a motor vehicle for the purposes of any trade or business but does not include — (a) equipment that is normally used with the vehicle;
(b) the merchandise carried by a person on or in the vehicle solely for the purpose of performed as sample;
(c) goods carried by a person on or in the vehicle to be used in carrying out trade, business or professional credibility and not for sale;
"bus" means a public service vehicle seating capacity not less than eight persons (including driver);
"buses" means buses travel along routes authorised by the Board to carry passengers on a service that contains levels of fares, with fares, timetables and fare tables for each separate stage fare;
"Charter bus" means a bus rented entirely for a trip for 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 authorized by the Board, 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 according to separate fares;
Commercial vehicles Licensing Board 9 "employee bus" means a bus used to carry workers in any industry to and from their workplace and vice versa;
"intermediate bus" means a bus that does not contain fare level 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;
"tour bus" means a bus used exclusively for carrying on a trip and as a response to a fee there are no stage fare;
"school bus" means a bus used exclusively to bring pupils or employees of a school or other educational institutions;
"the maximum permitted laden weight" means the weight as determined by the Director General as the heavy laden of an authorised vehicle;
"without the load weight" means the weight of a vehicle including body and all the parts (more weight taken into account if the body or parts of alternative use) that are necessary for, or commonly used with, the vehicle when used on a road but excluding the appliance curai;
"native" shall have the same meaning as given to them in article 161a of the Federal Constitution;
"the Road Transport Department" means a Department administered by the Director General;
"the road" shall have the same meaning as given to them in section 2 of the road transport act 1987 [Act 333];
"bankruptcy" includes the consequences thereof an insolvency order administers the salary eaters was made under the law relating to bankruptcy;
10 laws of Malaysia Act 334 "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;
"goods vehicle" means — (a) any motor vehicle constructed or adapted for use to bring goods; or (b) any motor vehicle which is not constructed or adapted to carry such goods when used alone or in addition to the passengers, but does not include private motorcar attractive trailer for purposes not related to trade or business;
"authorised vehicle", in relation to any licence issued under this Act, means the vehicle specified in the license and permitted for use under it;
"motor vehicle" means a motor vehicle of any description, driven by machinery contained in the body of the vehicle and built or adapted to be used on the road, and includes trailers;
"commercial vehicle" includes public service vehicles and goods vehicles;

"public service vehicle" means a motor vehicle used for the carriage of passengers for hire or wages or any other valuable consideration;
"Government" means the Federal Government or any State Government;
"rental car" means a motor vehicle seating capacity of not more than six persons or, in areas that are authorized by the Board, twelve people, (in all circumstances including the driver) used to carry passengers on a trip in consideration of the separate payments made by them;
"cars and drive" means a motor vehicle that is rented out for purpose driven by tenants or her nominee;
Commercial vehicles Licensing Board 11 "Chief Police officer" includes any police officer not below the rank of Inspector duly authorised in writing by a senior police officer to exercise the powers vested by this Act at a senior police officer;
"Director General" means the Director-General for road transport appointed under section 3 of the road transport act 1987 and includes Deputy Director General, Director or Deputy Director;
"conductors" means a person granted a licence under the road transport act 1987 to serve as the conductor of a public service vehicle;
"Board" means the commercial vehicles Licensing Board peninsular malaysia, commercial vehicles Licensing Board Sabah or Sarawak commercial vehicles Licensing Board, as the case may be;
"licence" means a licence issued under this Act and includes a short-term licence issued under section 18;
"Minister" means the Minister charged with responsibility for matters relating to the licensing of commercial vehicles;
"Malays" shall have the same meaning as given to them in article 160 of the Constitution;
"base", — (a) in relation to an application to obtain the license, means, premises or place address disclosed in the application as a base or fixed Centre from where it aims so that the motor vehicle, which is the subject of the application, are usually used; and (b) in relation to a licence, means an address, a place or premises specified in such licence as fixed centre or base from which the vehicle is allowed to be 12 laws of Malaysia Act 334 used or operated when used or handled such for purposes allowed by the license;
"The Board's Officer" means an officer appointed under section 8a;
"road transport officer" means any person appointed as a road transport officer under section 3 of the road transport act 1987;
"police officer" includes an extra police officer, police officer and volunteer auxiliary police officers;
"driver" means a person who at the time was driving a motor vehicle;
"carriage of goods" includes goods penghelaan;
"owner", — (a) in relation to a motor vehicle registered or deemed to be registered under the road transport act 1987, means the registered owner of the vehicle; and (b) in relation to any other motor vehicle, means the person in possession or use or who is entitled to use the motor vehicle;
"registered owner" means the person who is registered as the owner of a motor vehicle under the road transport act 1987;
"Chairman" means the Chairman of the Board;
"use" means the use on any road;
"passenger", — (a) in relation to a person carried on a public service vehicle, not including the driver or conductor or any ticket inspectors in carrying out its work; and commercial vehicles Licensing Board 13 (b) in relation to a person carrying on a goods vehicle, excluding driver or any kelindan required by law to be carried on the vehicle;
"fare level", in relation to a path that is allowed in public service vehicle licence, means any part of the route for the purpose of arranging a schedule of fares;
"local authorities" shall have the same meaning as given to them in the local Government Act 1976 [Act 171];
"The Board Secretary" means the Secretary of the commercial vehicles Licensing Board appointed under section 4, 5 or 6, as the case may be;
"company" includes any company as defined in the companies Act 1965 [Act 125], any company established under any law, any corporation established by law, and any firm or partnership;
"taxi" means motor vehicle seating capacity of not more than six persons (including the driver) used to carry people on any trip in response to a fare;
"airport taxi" means motor vehicle seating capacity of not more than seven people used solely to carry 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 motor vehicle seating capacity of not more than seven persons (including the driver) and operated from a fixed database or in an area which allowed in return for a fee;
"Deputy Chairman" means a Deputy Chairman of the Board appointed under section 4, 5 or 6, as the case may be;
14 laws of Malaysia Act 334 "trailer" shall have the same meaning as given to them in section 2 of the road transport act 1987.
part ii commercial vehicles Licensing Board establishment of the commercial vehicles Licensing Board 3. (1) there shall be established respectively for West malaysia, Sabah and Sarawak a commercial vehicles Licensing Board to be known as the "commercial vehicles Licensing Board peninsular malaysia", "commercial vehicles Licensing Board Sabah" and the "commercial vehicles Licensing Board Sarawak".
(2) for the purposes of this Act, the commercial vehicles Licensing Board for the Federal territory of labuan is the commercial vehicles Licensing Board Sabah.
membership of the commercial vehicles Licensing Board Peninsular Malaysia 4. commercial vehicles Licensing Board peninsular malaysia shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
(aa) the Deputy Chairman;
(b) a representative of the Ministry charged with the responsibility for transportation;
(c) a representative of the Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles who shall be the Secretary of the Board;
(d) a representative of the Department of road transport; and commercial vehicles Licensing Board 15 (e) not more than six persons who in the opinion of the Minister has vast experience or special knowledge about the matters relating to transport.
membership of the commercial vehicles Licensing Board sabah 5. commercial vehicles Licensing Board Sabah shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
(aa) the Deputy Chairman;
(b) a representative of the Ministry of State charged with the responsibility for transportation;
(c) a representative of the Department of road transport;
(d) a waki l kementer ian Federation charged with responsibility for matters relating to the licensing of commercial vehicles who shall be the Secretary of the Board; and (e) not more than six persons who in the opinion of the Minister has vast experience or special knowledge about the matters relating to transport.
membership of the commercial vehicles Licensing Board sarawak 6. commercial vehicles Licensing Board Sarawak shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
(aa) the Deputy Chairman;
(b) a representative of the State Government charged with the responsibility for transportation;
16 laws of Malaysia Act 334 (c) a representative of the Department of road transport;
(d) a waki l kementer ian Federation charged with responsibility for matters relating to the licensing of commercial vehicles who shall be the Secretary of the Board; and (e) not more than six persons who in the opinion of the Minister has vast experience or special knowledge about the matters relating to transport.
Exercise of the functions of the Chairman for a period while 7. the Minister may appoint any member of the Board or any other person as it thinks fit to carry out the functions of the Chairman during the period due to any reason Chairman is unable to perform his functions or during the period of any vacancy in the post of Chairman, and the members or any other person shall, during the period he is carrying out the functions of the Chairman under this section, be deemed to be the Chairman.
The Committee 8. (1) the Board may appoint any Committee consisting of two or more persons to assist the Board in carrying out its functions under this Act.
(2) the procedures and functions to any Committee appointed under subsection (1) shall be determined by the Board:

Provided that the Committee shall keep minutes of the proceedings and a copy of such minutes shall be laid before the Board immediately.
the appointment of the officer Board 8A. the Minister may, by notification in the Gazette, appoint any officers and Federal Ministry charged with the responsibility for the commercial vehicles Licensing Board 17 relating to the licensing of commercial vehicles to be an officer of the Board as it may deem fit.
provisions relating to members of the Board and Committee 9. (1) No person shall be appointed as a member of the Board or as a member of any Committee unless before the appointment, the person making a statutory declaration whether he had any financial interest in any undertaking involving commercial vehicles and, if yes, what are the financial interests.
(2) if any member of the Board or members of a Committee to acquire any financial interest in any undertaking involving commercial vehicles, he shall within four weeks after the memperolehnya, give notice in writing to the Minister stating the importance of the diperolehnya, and the Minister after considering the matter may, if it thinks fit, declare that such Member has vacated his post.
(3) the Chairman and members of the Board appointed under paragraph 4 (e), sections 5 and 6 shall hold office for a term not exceeding three years as determined by the Minister at the time of their appointment and shall be eligible for re-election.
(4) the Minister may appoint an alternate member in respect of every Member of the Board (excluding the Chairman) to attend a meeting of the Board whenever such member is unable to attend the meeting due to illness, incapacity or any other reason.
(5) the Board may appoint an alternate member in respect of every Member of the Committee to attend a meeting of the Committee whenever such member is unable to attend the meeting due to illness, incapacity or any other reason.
(6) the Chairman shall be paid such remuneration and allowances as determined by the Minister after consultation with the Minister of finance.
18 laws of Malaysia Act 334 (7) every Member of the Board and members of each Committee appointed under section 8 may be paid allowances at such rate as may be determined by the Minister after consultation with the Minister of finance.
(8) every Member of the Board and the Committee appointed under section 8 shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
procedures of the Board and general instructions the Minister 10. (1) the Minister may make rules for determining the quorum for any meeting of the Board and establish a procedure to be followed by the Board for the purpose of determining an application for issuance of a licence or to carry out any other functions assigned to the Board under this Act.
(2) subject to this Act, the Minister may in writing give general instructions regarding the policy to be followed by the Board while determining the application as he may deem necessary for the public interest and the Board shall comply with the General instructions.
delegation by Board 11. the Board may in writing delegate to the Chairman, an officer of the Board or a road transport officer after consultation with the Director General or any public officer as may be deemed fit by the Board, any of its functions in addition to the functions that the Minister may by expressly by rules so that exercised by the Board.
annual report 12. (1) the Board shall submit to the Minister not later than the 30th day of June, an annual report of its proceedings for the years that contain details of any matter as directed by the Minister.
Commercial vehicles Licensing Board 19 (2) the Minister shall cause every such annual report laid before both houses of Parliament.
Information to be given to the Board 13. All express and records and other documents kept by any person or authority relating to the granting or denial of a license for carrying goods or passengers before the currency of this Act shall be given by the person or authority to the Board when required by the Board and the person or authority shall provide the Board with any other information relating to the matters aforesaid as may be required by the Board for the purpose of carrying out its functions under this Act.
part iii classification and licensing of commercial vehicles commercial vehicles category and class 14. (1) a public service vehicle shall be divided and is licensed under the following classes: (a) stage buses;
(b) bus charter services;
(c) express bus;
(d) minibus;
(e) the bus employees;
(f) intermediate bus;
(g) school bus;
(h) rental cars;
(i) rental cars and drive;
(j) a taxi;
20 laws of Malaysia Act 334 (k) airport taxi; and (l) luxury taxi.
(1a) Notwithstanding subsection (1) the Minister may make rules for the purposes of fixing any other class a public service vehicle as he thinks fit.
(2) (a) goods vehicles shall be divided and is licensed under the following classes: (i) carrier licence ' a '; and (ii) carrier licence ' C '.
(b) goods vehicles of any one class can be of different type in respect of its function.
(3) a carrier licence ' a ' will allow the holder to use authorised vehicle for carrying goods for rental or wages for or in connection with any trade or business carried on by it as the carrier of the goods.
(4) a carrier licence ' C ' will allow the holder to use authorised vehicle for carrying goods by yourself for or in connection with any trade or business carried on by him, but shall be a condition of the licence that no vehicles at the time a vehicle is allowed to be used for carrying goods for rent or wages other than goods sold and delivered send by the licensee under a contract of sale where a charge is made for penyerahhantaran these products.
(5) a motor vehicle specified in a licence carriers may, in so far as they are stated in such a way specified in any other carrier licence.
(6) if at any time the goods are carried in a motor vehicle, that is to say the vehicle had been rented by a person who, during the carriage of the goods, within the meaning of this Act is the user of the vehicle, the goods shall be deemed to be carried by such person for hire or wages: commercial vehicles Licensing Board 21 provided that — (a) the collection or penyerahhantaran goods purchased, sold, used or rented out in hire-purchase by a person in the trade or business carried on by him;
(b) the collection or penyerahhantaran items have been, or will be subject to a process or treatment by a person in the trade or business carried on by him;
(c) the carriage of goods in a motor vehicle by a manufacturer, agent or trader during the vehicle used by him for the purposes of demonstration; or (d) the carriage of goods in a motor vehicle that is used under and in accordance with the rules applicable to motor trade licence taken by a manufacturer, repairer or dealer under the road transport act 1987, shall not be deemed to bring goods to earn rental or wages for the purposes of this Act.
part iV General provisions as to licences application for licence 15. (1) an application for a licence under this part shall be made to the Board in the prescribed form in the prescribed manner.
(2) in addition to any information required in order to be given under this Act, the applicant shall give to the Board the following information be required for the performance of its functions in relation to the application: (a) complete information about details of the route in relation to the application;
22 laws of Malaysia Act 334 (b) letter of approval from the relevant local authorities in respect of the use of the facility or stops in the terminal area of the local authority places the path is located;
(c) a report on the reasonableness of the routes; and (d) any other information as determined by the Board.
(3) the Board may refuse to register, continue or hear or determine an application, and may require that the application is amended or completed with appropriate and submitted again or in lieu thereof a new application is submitted if — (a) the application form as may be prescribed, it is not executed with proper due to the omission or false description;
(b) the application form contains any error or alteration; or (c) the application does not comply with any other requirements that may be prescribed.
Power Board 16. (1) subject to this Act, the Board, upon application for a licence under this Act, shall have full power and discretion — (a) to approve the application in whole or in part;
(b) to grant a licence in respect of a motor vehicle other than those involved in the application;

(c) to provide different classes of licence or for maximum permitted laden weight of different capacity seating area, or type of goods to be carried are different than those set out in the application;
Commercial vehicles Licensing Board 23 (d) to grant a licence where an area or operating time is different from that stated in the application; or (e) to refuse the application.
(2) a person may hold two or more licences from either the same class or from a different class.
period of licence 17. (1) (a) a licence issued under this Act, unless it is replaced or revoked, shall remain in force for such period as may be determined by the Board at the time of the license granted.
(b) the period that may be determined by the Board under paragraph (a) shall not exceed seven years.
(c) when a licence granted under this Act, the Board shall state the date of the licence takes effect and the date of the expiration period of the license, and that date shall be included in the license when it was issued.
(2) if at the date of the expiration of the licence period (other than short-term licence) granted under section 16, the proceedings before the Board relating to the licensee's application for renewal of the license under section 21 has not been decided, the licence shall remain in force until the application is settled, but in the meantime without compromising power suspend or cancel any licence granted under this Act from being carried out.
short term licence 18. (1) where an application has been made calling for a licence granted under this Act, the Board may, if administrative reasons or on the ground keterdesakan the matter, as he thinks necessary to do so 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.
24 laws of Malaysia Act 334 (2) short-term license was cease with effect from the date of the Board gives its decision on the application and in any case whatsoever can not force more than twelve months.
conditions that may be imposed on the licence 19. (1) subject to this Act, the Board may impose such conditions as it thinks fit to any licence granted under this Act and in particular — (a) in relation to a particular class of public service vehicle licence — (i) that a particular fare shall be charged;
(ii) that if necessary for the public interest, the fare shall be determined so as to prevent the occurrence of wasteful competition by means of transportation alternatives, if any, along the route or any part thereof or in close proximity thereto;
(iii) that the service shall be carried out in the area or certain routes and certain schedule or according to time travel and a certain frequency;
(iv) that your copy of timetable and fare shall be carried and shown in the vehicle used during the service and may be subject to inspection;
(v) that the passenger shall not be retrieved or revealed except at the place specified in such licence and shall not be taken or lowered between certain places;
(vi) that the number of passengers exceeds a certain number shall not be carried;
(vii) that the holder of such licence or a particular person can drive or operate the vehicle;
Commercial vehicles Licensing Board 25 (viii) that the vehicle is fitted with ticket machine or equipment that use new technologies as determined by the Board;
(b) in relation to a goods vehicle licence — (i) that the vehicle should be used or not be used in a particular area or between certain places or at certain times;
(ii) that the authorised vehicle shall be operated or shall not be conducted in an area other than area licence has been issued to him;
(iii) that the goods of a particular class or description can be carried or shall not be carried;
(iv) that the goods shall be carried or shall not be carried to a particular person;
(v) that the charge or charges a maximum or a minimum to be charged for the carriage of goods, labor charges for loading and memunggahkan vehicles and charges for heavy demurrage of vehicles shall be as determined by the Board;
(vi) that the heavy laden any authorised vehicle shall not exceed the maximum stated;
(vii) that the goods are flammable, explosive, poisonous or dangerous or goods producing bad smell must travel by way of specific and particular precautions shall be taken in relation to the carriage of the goods;
(c) in relation to a carrier licence ' a ' who do not have restrictions on the type of goods to be carried, that the carriage of the goods shall not be refused without reasonable cause;
26 laws of Malaysia Act 334 (d) (struck by A1024 Act);
(e) in relation to all licences — (i) that the wages, conditions and working hours of persons employed in connection with the authorised vehicle or the service must meet some specific requirements;
(ii) that the document relating to the goods or passengers shall be carried in the vehicle;
(iii) that the production and control of tickets for passengers and for goods and consignment note numbering or marking of the goods in such a way to allow the goods shall meet the requirements of love known Board;
(iv) that the licensee shall keep and show an account, certain documents and records when requested for inspection or verification;
(v) that the safety and comfort of passengers while in a vehicle and the person who is to be encouraged;
(vi) that the vehicle is kept in a set;
(2) the Board may at any time and from time to time at its absolute discretion add, cancel or vary any of the conditions imposed on a licence under this section.
(3) the licensee or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any conditions imposed on the licence under this section commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or both of each.
Commercial vehicles Licensing Board 27 (4) in the case of vehicles used for the carriage of goods and in respect of which a licence under this Act has been issued, the holder of the licence or any person who causes or permits the vehicle may be used by any person is, if the person using the vehicle fails to comply with any conditions imposed on the licence under this section , commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
statutory licence 20. (1) there shall be a condition of every licence granted under this Act — (a) that the vehicle is maintained in good condition and can use as may be prescribed by the Director General;
(b) that any provision contained in any written law relating to the limits of speed, weight with load and without load and loading vehicle are complied with in relation to the authorised vehicle;
(c) that section 40 are complied with.
(2) the licensee or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act, fails to comply with any requirements under this section commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) where a court has found that the licensee or any person using, causing or permitting the use of a vehicle that guilty 28 laws of Malaysia Act 334 for failing to comply with any conditions set out in paragraph (1) (a) or (b), the Court shall send notice of the fault finding to the Board and, if applicable, of any person who is found guilty for using causing or permitting the use of the vehicle, to the Director General that provides vocational license it.
application for approval to participate in the business or agreement 20A. (1) If a licensee that is a corporation or a partnership or a firm plan to take part in any business or agreement resulting in — (a) any changes in the equity structure; or (b) any change of Board members, company, partnership or firm, as the case may be, the licensee shall obtain approval from the Board before taking part in business or the agreement.

(2) the Board may, on receipt of an application under subsection (1), approve or reject the application and, if the Board approves the application, the Board may impose such conditions as it thinks fit.
(3) a licensee who fails to comply with this section commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
application for renewal of licence 21. (1) subject to subsection (2) and (3), any person who holds a licence under this Act the satisfaction of the Board that he has carried out with invalid or continually from the date of the license is given a service commercial vehicles Licensing Board 29 transportation in accordance with the terms and conditions of the license with satisfactory and efficient, shall when applying to the Board for renewal of the license, takes precedence of all other applications for a licence to carry on a transport service on the whole the same as service provided by the holder of the license.
(2) an application for renewal of a licence under subsection (1) shall be made before the date of the expiration of the existing licence period.
(3) if the applicant fails to comply with subsection (2) and does not give any reason that the Board may deem reasonable, the Board may refuse to continue, to hear or decide the application.
documents required for renewing 21A. (1) in addition to any other documents required under this Act, an application for renewal of a licence shall be accompanied by the following documents: (a) the audited financial statements of the applicant; and (b) report of the previous year's performance 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; and (iv) the estimated number of vehicles required to provide efficient service for certain routes.
(2) Notwithstanding subsection (1) the Board may require that any additional documents submitted by the applicant for license renewal.
30 laws of Malaysia Act 334 applications for variation of 22. subject to this Act, when a licensee applying for a variation of licence or conditions, the Board shall have full power and authority in its discretion — (a) to approve the application in whole or in part;
(b) to refuse the application; or (c) to rule any alteration on the license or conditions other than the variation set out in the application.
temporary transfer of the use of public service vehicles 23. Notwithstanding anything contained in this Act, the Board, on an application, may allow a public service vehicle licence holders from certain classes to use the vehicle as a public service vehicle any other class for a period not exceeding three months and subject to such conditions as he thinks fit to impose by the Board.
temporary use of vehicles ' C ' as the vehicle ' a ' 24. Notwithstanding anything contained in this Act, the Board may, in exceptional circumstances, upon an application, allowing the holder of a carrier licence ' C ' to use the authorised vehicle for carrying goods for rental or wages for a period not exceeding three months and subject to the conditions which the Board may deem fit to impose.
power to cancel or suspend a licence 25. (1) the Board may revoke or suspend any licence granted under this Act — (a) on the ground that any provision of this Act or any other written law or any conditions of the licence have not been complied with;
Commercial vehicles Licensing Board 31 (b) on the ground that the license has been spurred by false statement of facts by the licensee or on his behalf; or (c) if the Board is satisfied that the motor 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: provided that the Board shall not cancel or suspend the licence on the ground of a breach of any condition unless it is satisfied, after giving an opportunity for the licensee to make any written representations made by them wanting to , that being kerapnya breaches or due to infringement is done intentionally or because of a danger to the public as a result of the infringement, the license should be revoked or suspended.
(2) for the purposes of subsection (1), a breach of any of the conditions specified in paragraph 20 (1) (a) or (b) shall be deemed to be a breach of which is a danger to the public.
(3) where a licence has been revoked or suspended, it will not be in force from the date of the revocation or during the period of suspension, as the case may be.
prohibition relating to licence suspended 25A. (1) the holder of a licence whose licences have been suspended under section 25 may not, during the period of the suspension, using, causing or permitting the use of a vehicle associated with the license.
(2) any licensee who are using, causing or permitting the use of a license in respect of the vehicle while the vehicle is suspended under section 24 commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
32 laws of Malaysia Act 334 Power Board to replace license 25b. (1) the Board shall, in the exercise of its discretion, have the power to replace a licence with a different class of licence or for weight with load or the load sitting a maximum allowable or different types if the Board is satisfied that there is a need to bring goods that are different from the class licence has been granted under this Act for the purpose of — (a) restructure or consolidate services provided by licensee from different classes; or (b) restructure or consolidate services provided by licensee of the same class.
(2) before replacing a licence under subsection (1) the Board shall issue a written notice not less than one year before the date of the proposed replacement to the licensee stating the intention of the Board to replace the license.
(3) a licence replaces any licence under subsection (1) shall take effect from the date of the replacement.
(4) when a replacement licence comes into operation, the licence which was replaced under subsection (1) is void and shall be surrendered to the Board.
protection of the public interest 26. except as expressly provided otherwise, nothing-nothing in this Act shall be deemed to give to the holder of a licence under this Act, any right to pursue any interest arising from the provisions of this Act or of any licence granted or deemed to have been given thereunder, or of any conditions imposed on any such licence.
Commercial vehicles Licensing Board 33 part V appeals appeal to the Minister 27. subject to this Act, any person — (a) be the applicant to obtain or to renew a licence under this Act, who is aggrieved by the decision of the Board on the application, or with any conditions imposed by the Board for a licence that has been rendered; or (b) be the holder of a licence granted under this Act, aggrieved by the cancellation of the license, may, within thirty days with respect to West malaysia and ninety days in respect of Sabah, Sarawak and the Federal territory of labuan, after the delivery of the Board's decision letter, or for any longer period specified by the Minister, appeal to the Minister in writing of the decision specifying the reasons for the appeal.
Minister's power to appoint appeal Committee 28. (1) the Minister may, if he thinks fit to do so, appoint a Committee consisting of two or more persons to consider an appeal under section 27 and to make recommendations to the Minister on the appeal.
(2) the Minister shall give such consideration he deems fit on the recommendation of the Committee in reaching its decision on the appeal.
the order on appeal is binding on 29. (1) subject to this Act, in giving its decision on an appeal under section 27, the Minister may 34 laws of Malaysia Act 334 confirm, reverse or vary the decision of the Board after considering the written reasons of the decision as submitted by the Board to him.
(2) the decision of the Minister on the appeal shall be achieved on the basis of document relating to the appeal and no oral hearing can be held on the appeal.
(3) the decision of the Minister under this section shall be binding and shall be final and conclusive.
a condition in which there is no right of appeal 30. then shall not have any right of appeal by any person where an application under this Act is refused under subsection 15 (3) or section 22.
the validity of licences is extended in the successful appeal

31. Notwithstanding section 17, if the Minister approves fully of an appeal against an order that revokes a licence granted under this Act, the validity of the licence shall thereupon 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 accordingly.
the same prohibition when previous application still under appeal 32. (1) where an application is made under this Act and the application is denied or only partially approved and after that the applicant appealed against that decision, he shall not be subsequently made an application under this Act in respect of a vehicle of the same class and type, regardless of the number of vehicles that are applied, until the appeal is determined or resolved by the Minister.
(2) in the case where the licence is granted either as a result of the appeal or application later, or both, then the licence granted shall be deemed to be void.
Commercial vehicles Licensing Board 35 part Vi offences and penalties prohibition of use of public service vehicles that are not licensed 33. subject to this Act, no person shall use a motor vehicle or cause or permit a motor vehicle used as a public service vehicle unless there is in force in respect of the vehicle a licence has been granted under this Act that allows such use, or by other means than allowed by the licence and any conditions attached thereto; and if he does so, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both: provided that a person shall not be convicted of an offence under this section if he proves up to the Court is satisfied that he uses the motor vehicle , which is the subject of the charge, as a taxi or rental car in an emergency for the purpose of transporting sick or injured people to hospital or to bring medical help to the person or for the purpose of making a police report at the police station and that he has made every reasonable effort to rent a taxi or rental car for the purpose of the trip.
prohibition of use of unlicensed goods vehicle 34. (1) subject to this Act, no person shall use a goods vehicle or cause or permit a goods vehicle used for carriage of goods unless there is in force a carrier licence has been granted under this Act that allows such use, or by other means than allowed by the licence and any conditions attached thereto; and if he do so, he carried 36 laws of Malaysia Act 334 of an offence and shall, on conviction, be fined not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2) this section shall not apply — (a) for the use of public service vehicles in accordance with a licence granted under this Act when used by the licensee in accordance with the licence and any conditions attached thereto;
(b) for the use of a motor vehicle for the purpose of burial;
(c) for the use of a motor vehicle for the purpose of police, fire or ambulance;
(d) in respect of the use of motor vehicles for towing damaged motor vehicles from a road to a safe place or for the transfer of goods from motor vehicles damaged and move it to a safe place;
(e) for the use of a motor vehicle for any particular purpose or use of a motor vehicle of any class or description, when the rules are made by the Minister under this Act provides that such use is not subject to this section;
(f) for the use of a motor vehicle for the purposes of the Government or local authorities when the vehicle owned by the Government or the local authority; and (g) for the use of motor vehicles in respect of which all the following conditions are met: (i) the vehicle is a goods vehicle;
(ii) the maximum permissible laden weight of the vehicle does not exceed any weight as may be prescribed by the Board from time to time;
(iii) the vehicle is registered as a goods vehicle;
Commercial vehicles Licensing Board 37 (iv) motor vehicle license fee prescribed payable in respect of the vehicle as goods vehicle has been paid and a motor vehicle licence issued as a result of costs that remain in force; and (v) the vehicle used by the owner to carry goods for or in connection with any trade or business carried on by the owner, provided that he did not use the vehicle to carry goods for rent or wages in addition to goods sold and delivered send by him in the case where, pursuant to a contract of sale, fees are charged for penyerahhantaran that stuff.
use of goods vehicles to carry passengers shall be licensed 35. subject to this Act, no person shall use a goods vehicle or cause or permit a goods vehicle used to carry passengers unless there is in force a carrier licence granted under this Act that allows such use, or by other means than allowed by the licence and any conditions attached to it, and if he do so , he is guilty of an offence and shall, on conviction, be fined not less than one thousand dollars but not exceeding ten 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 36. (1) without prejudice to section 15, any person seeking to obtain a licence, or to vary a licence or any condition, shall disclose or submit the prescribed application form — (a) any other licence that has been issued to him under this Act;
38 the laws of Malaysia Act 334 (b) any financial interest owned by the applicant in the business of any other person or company holding facilities for the carriage of passengers or goods in malaysia;
(c) any interest or right which by any other people in the business, and in the case of an applicant that is a corporation, any right which by others to nominate any Director of the company.
(2) if the applicant failed to disclose the information required under subsection (1), or provide any information which he knows is false or incorrect in whole or in part, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Information required by the Board from licensee 37. (1) it shall be the duty of every person who holds any licence under this Act to supply, if so required by the Board, within the time specified by the Board, details of — (a) on any agreement or arrangement that touches in any case material preparation facilities carry passengers or goods for hire or wages made by him with any other person who provides the facility , whether within or outside malaysia;
(b) about anything financial interest owned by any other person in the business of the licensee and, if the licensee is a company, any right which by others to nominate any Director of the company;
(c) any interest or right which by licensee in the business of any other person who provides facilities to carry passengers or goods for hire or wages in malaysia.
Commercial vehicles Licensing Board 39 (2) if any person in a timely manner refuses or fails to provide any information which he is required to provide under this section or provide any information which he knows is false or incorrect in any case he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
alteration of authorised vehicle 38. (1) a licensee shall not make any alteration to the structure or permanent equipment of a vehicle are allowed, in addition to replacing parts, without the approval of the Director General.
(2) if any person fails to comply with or contravenes this section, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
pemindahmilikan a license prohibited

39. (1) subject to subsection (4), the licence granted under this Act shall be designed to the holder thereof, and shall not be transferred or assigned.
(2) the licensee may not appoint an agent or Attorney for the purpose of exercising any of the rights granted to Licensee except with the prior consent of the Board and the licensee may not cause or authorize any agent or representative of the exercise of any such rights.
(3) the holder of a licence granted under this Act intended to transfer or assign the license or cause or permit any other person using the authorised vehicle or provide services that are allowed in the license, commits an offence and shall, on conviction, liable to a fine of not less than one thousand 40 laws of Malaysia Act 334 dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(4) the Board may, in the event of death, incapacity, bankruptcy or, in the case of a company, solutions, the licensee, or if a receiver or manager appointed in connection with the business of the licensee or, if for any reason the Board is satisfied that it will give rise to injustice if not wrongdoing, allowing pemindahmilikan the license.
the records and statements 40. (1) it shall be the duty of the holder of a licence granted under this Act to keep such accounts and records related to it as may be prescribed and to submit to the Board any records, accounts, financial statements and statistics or other document for such period and in such manner as may be prescribed, together with such other particulars as may be required by the Board.
(2) it shall be the duty of the holder of such licence to store any records relating to the use of authorised vehicle as may be prescribed.
(3) the Board or the Director-General may, by notice in writing, require the holder of the licence submit all or any records, accounts, financial statements and statistics or other document at any time and in any place as may be specified in the notice, and verify all of them, and give the Board, the Director-General, officer of the Board or road transport officer reasonable facilities for review and examine records , accounts, financial statements and statistics or other documents and his satisfaction about the adequacy and accuracy.
(4) if any person fails to comply with or contravenes this section, he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Commercial vehicles Licensing Board 41 pensubahatan offence 41. Whoever abets any offence against this Act shall be punished by the punishment provided for the offence.
false statements 42. (1) if any person — (a) for the purpose of getting under the provisions of this Act, the provision of any kind or description license for himself or any other person, or variation of any such licence, or for the purpose of holding the grant or variation of any such license or get the imposition of such conditions or restrictions in connection with any such license, make any statement or declaration which he knows are 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 he knows is false or misleading in any material matters;
(c) make any entries in a record, register or other document required to be so manufactured, stored, maintained or given under this Act that is 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 exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2) in any prosecution under this section, when proven 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, 42 laws of Malaysia Act 334 document or written statement that is false or incorrect or misleading in terms of material , as the case may be, on the knowledge of the person signing, send or set it up.
(3) if any person — (a) falsify, modify, disrupt, corrupt, mencacat, use or lend to or membenar for use by any other person, any mark, plate or document required by this Act to be carried or exhibited on a motor vehicle or on the license;
(b) makes or has in his possession any mark, plate or document which hardly resembles any mark, plate or document mentioned earlier with intent 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, damaged, mutilated or added, or any imitation for a licence, mark, plate or document required under this Act that carried on or displayed on a motor vehicle;
(e) exhibit at any motor vehicle any licence or identification mark, plate or document which does not belong to the vehicle;
(f) provide or maintain or permit the provision or maintenance of false records required to be maintained under this Act; or (g) falsify or allow phishing records required to be given under this Act, then he commits an offence and shall, on conviction, liable to a fine of not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both: commercial vehicles Licensing Board 43 provided that in the case of paragraph (d), he shall not be found guilty of an offence if he prove that he had acted in good faith and has no reason reasonable to assume that the license or identification mark, plate or document that has been altered, tampered with, damaged, mutilated or added, or that the license, mark, plate or document is artificial.
(4) if any police officer or road transport officer has reasonable cause to believe that the documents carried on a motor vehicle, or any license or records or other documents submitted to him by the driver or person in charge of a motor vehicle pursuant to this Act, documents related to it an offence has been committed under this section, he may seize documents , license or record it.
(5) for the purposes of this section the expression "document" includes badges and the phrase "seize" includes the power to detach from the vehicle.
the liability of the registered owner etc 43. (1) for the purposes of any prosecution or proceeding under this Act, the registered owner of a motor vehicle shall be deemed to be the owner of the vehicle.
(2) unless otherwise provided by this Act, any act or omission by the servants, agent or partner of the registered owner shall be deemed to be the Act or omission of the owner for the purposes of any prosecution or proceeding under this Act, unless he is the satisfaction of the Court that he took all reasonable precautions and actions reasonable surveillance to prevent the Act or omission.
(3) in the event of any act or omission committed by servants, agent or partner of the registered owner which can be an offence under this Act if done by the registered owner, then the servants, agent or partner that was also found guilty of them.
44 the laws of Malaysia Act 334 (4) if the registered owner is a body corporate, any person who at the time of the offence was a Director, General Manager, Manager, Secretary or other similar officer of the body corporate, or purporting to act on such properties, shall be deemed to have committed the offence unless he proves that the offence was done without the consent or pembiarannya , and that he had sought to prevent the occurrence of the offence as he ought to do with paying attention to the types of functions and to all the circumstances.
the power of the police in the investigation of 44. every police officer conducting an investigation under this Act may exercise any or all of the special powers in relation to a police investigation in the case can arrest granted to police officers by criminal procedure code chapter Xiii [Act 594], 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

44A. (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 were know to be the facts and circumstances of the cases investigated.
(2) Whoever, when required by a road transport officer to provide information under this section, refuse to comply with such request by the officer or stated as true information that he knows or has reason to believe as false, commits an offence and shall, on conviction, be fined * not less than one thousand dollars but not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
* NOTE – Formerly "not exceeding five thousand dollars" – see the commercial vehicles Licensing Board Act (Amendment) 1998 [Act A1024].
Commercial vehicles Licensing Board 45 (3) where any such information proved to be untrue or incorrect in whole or in part shall not be dalihan to say that the information or any part thereof has been disalahtafsirkan, or came with accidental or culpable crime or fraud.
officer Board to investigate, etc.
44b. An officer of the Board shall have the power to investigate or seek any information, either orally or in writing, of any person who were know to be the facts and circumstances relating to the Commission of an offence under this Act or any other written law or a breach of any of the conditions imposed on a licence.
the power to seize documents, etc.
44 c. (1) if any police officer or road transport officer or officer of the Board has reasonable cause to believe that the documents are carried on a vehicle, or any licence, record or other document which is submitted to it in accordance with this Act by the driver or the person in charge of a vehicle are documents, licence or records related to it an offence under this Act has been committed , he may seize or remove documents, licences or the record of the vehicle.
(2) if the licence is seized under subsection (1) is a license that has been suspended under section 25, the licence shall be returned to the licensee at the end of the suspension period.
who can claim 45. Proceedings for an offence under this Act shall not be started or done except by or on behalf of the Prosecutor, by a police officer or by a road transport officer.
46 laws of Malaysia Act 334 power order attendance in court 45A. (1) If a police officer or a road transport officer has reasonable grounds to believe that any person guilty of an offence under this Act, he may, in lieu of making an application to the Court to get a summons, forthwith deliver to that person a notice in the prescribed form that the person ordered to appear before the magistrate's Court the most near having jurisdiction tried the offence at the time and date specified in the notice.
(2) if any person who delivered a notice as provided by subsection (1) fails to appear on its own or through the lawyer, then, unless it appears that it is not reasonably possible for that person to attend such a court may, if satisfied that the notice was served, issue a warrant for the arrest of that person except in the case of an offence can be compounded, that person was allowed mengkompaunkan the offence within the time stated in such notice.
provision of evidence 46. (1) a copy of a licence granted under this Act certified by the Chairman or any officer delegated by the Board as a true copy of the licence, may be accepted as evidence for all purposes for which the original 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 licence or a copy thereof.
(2) if in any proceedings for an offence under this Act it is necessary to prove that any person is or is not the holder of a licence granted under this Act, a certificate purporting to be signed by the Chairman and certifying the previous thing, is admissible in evidence and shall be prima facie evidence of the facts certified in the certificate , without proof of the signature of the Chairman for the certificate.
Commercial Vehicle Licensing Board The Assumption 47 47. In any proceedings for an offence under this Act, in so far as it may be necessary to prove the offence charged, he shall be deemed, until the contrary is proved — (a) that any transportation of people or goods in a motor vehicle is to rent or wages;
(b) that a passenger carried in the motor vehicle was taken in consideration of the separate payments made by them;
(c) that a vehicle is not an authorised vehicle;
(d) that any person is not the holder of a licence issued under this Act in respect of a motor vehicle;
(e) that any person is not the holder of a licence authorizing it to provide any particular service;
(f) that any person is not the holder of a licence issued under section 18;
(g) that any person is the owner of a motor vehicle; or (h) that the person is the holder of a licence under this Act.
presentation and sign the notification or document is 48. (1) any notification or document required to be given or served under this Act may, unless any other presentation set, sent by registered post to the people involved with it.
(2) where a notification or document is served by registered post, it shall be deemed to have been delivered 48 laws of Malaysia Act 334 on the day following the day on which the notification or document should be accepted, 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;
(c) in the case of an individual or group of persons, to address business or private individual or group address the person's last known.
(3) If a person to whom addressed registered letter containing any notice that may be given under the provisions of this Act to be notified of the fact that there are menantinya registered letter at the post office, and the person refusing or neglecting to take registered mail that, then such notice shall be deemed to have been duly delivered to him at the date she was told the same.
offences and penalties General 48A. (1) any person who — (a) without reasonable excuse, the proof of it lies on that person, refuses or fails to do anything which he is required to do so under this Act;
(b) without reasonable excuse, the proof of it lies on the person, fails to comply with any notice served upon him under this Act; or (c) without reasonable excuse, the proof of it lies on that person, contravenes or fails to comply with any provision of this Act, commits an offence.
Commercial vehicles Licensing Board 49 (2) any person who commits an offence under this Act may, if there are any special penalty is provided, 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 conviction for the second time or the next, can be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
power to compound 49. (1) any of the following officers, namely — (a) the police officer or any police officer not below the rank of Inspector who specifically authorized in writing by name or Office for that purpose by the Minister responsible for police;
(b) the Director General or any officer road transport with specifically authorised in writing by name or Office for that purpose by the Director General, may, in its discretion compound any offence against this Act designated as an offence that can be compounded by the officer to get from people with its reasonable suspected had committed such offence a sum of money not exceeding three hundred dollars.
(2) the Minister may make rules to prescribe offences can be compounded and the manner and procedure thereon.
officer not wearing uniforms shall submit the identity card

50. (1) every police officer and road transport officer, when acting on any person under this Act, if not uniform, shall when requested, declare his Office and submit to the person against whom he is acting documents that prove its identity as directed by the Chief Police officer in 50 laws of Malaysia Act 334 things a police officer or as directed by the Director General in the case of a road transport officer so that carried by the police officer or officer in charge of the road transport respectively.
(2) it shall not be an offence for any person who refuses 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 upon the request of that person.
part Vii miscellaneous seizure 51. (1) any motor vehicle in respect of which any offence against subsection 19 (3), paragraphs 20 (1) (b), section 33 or 34 have been committed or suspected with reasonable was done may be seized by any road transport officer or any police officer not below the rank of Inspector in any place.
(2) where any motor vehicle has been seized under subsection (1), road transport officer or police officer not below the rank of Inspector may, in its discretion, temporarily restoring the vehicle to the owner, on bail such officer that the vehicle will be extradited to it on demand.
(3) an order for melucut rights or release any vehicle seized under subsection (1) shall be made by the Court before which the prosecution about the release or forfeiture of held, and an order for melucuthakkan the vehicle shall be made if it is proved to the satisfaction of the Court that an offence against subsection 19 (3), paragraphs 20 (1) (b), section 33 or 34 have been made and that the motor vehicle is a matter of the offence , although no one has been convicted of the offence.
Commercial vehicles Licensing Board 51 (4) If no prosecution in respect of any motor vehicle seized under subsection (1), the motor vehicle shall be released when the expiration period of one calendar month from the date of seizure unless it has been released in advance.
detention of vehicle 51A. (1) where any police officer uniform or road transport officer uniform or uniform road transport officer or officer of the Board has reasonable cause to believe that the provisions of this Act are not complied with in respect of any motor vehicle, he may require the vehicle is terminated and the vehicle driver may require memandunya to somewhere else, and the vehicle may, if necessary , detained by any police officer not below the rank of sergeant or any police officer in charge of a police station for the purpose of inspection by a police officer or a road transport officer or officer of the Board for the purpose of determining whether the provisions of this Act have been complied with.
(2) no motor vehicle may be detained under this section for a period exceeding forty-eight hours.
determination of vehicle weight 51b. (1) is valid in law for any police officer authorized in writing in that behalf by the Chief Police officer, or any road transport officer authorized in writing in that behalf by the Director General, or any officer of the Board to require the person in charge of any motor vehicle so as to allow the motor vehicle weighed by the officer, whether laden or without load , and to test the weight transferred to the road by any part of the motor vehicle who is in contact with the road, and for that purpose, shall immediately consider the motor vehicle.
(2) when so requested by the person in charge of the motor vehicle, the authorised officer shall, after weighing the vehicle, issue a duplicate or copy of the certificate with respect to weighing it to that person.
52 laws of Malaysia Act 334 (3) any person in charge of any motor vehicle which refused or failed comply with the requirements under subsection (1), or move muatannya or any part thereof before the motor vehicle weighed accordingly, commits an offence.
(4) are not valid in law for any officer who is empowered to require the person in charge of the motor vehicle so that the loading capacity of the motor vehicle for the purpose of menimbangnya without load.
reservation of licence 52. (1) Notwithstanding anything contained in this Act, the yang di-Pertuan agong may, from time to time by order, make such directions to the Board as may be required for reservation of licences for Malays and bumiputeras in any rates for licence granted under this act as the yang di-Pertuan agong may deem reasonable and the Board shall comply with such instructions.
(2) a licence granted by the Board to the Malay or bumiputera according to 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 52 (1) of the commercial vehicles Licensing Board Act 1987".
Such endorsement shall be conclusive evidence that the licence has been granted in accordance with such instructions.
(3) the Board may, in respect of any licence granted in accordance with the instructions given under subsection (1), the charge to such licence such conditions as he thinks fit in addition to the conditions referred to in section 19.
(4) for the purposes of this section, the expression "Malays" or "bumiputeras" shall include a company, an association, or a group of persons whether incorporated or unincorporated, which is part of the majority of its capital owned by management and employees, and is, the Malays, or bumiputera.
Commercial vehicle licensing board Limit on number of 53 vehicles of certain classes of 53. the Minister shall, from time to time as it may deem necessary or desirable and in consultation with the Minister charged with the responsibility for transport and the State Government or the Minister charged with the responsibility for the Federal District, 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 the person who requires the use of the vehicle.
classification and numbering of bus routes 54. the Board may classify and route number in respect of which a license express buses, mini buses and buses be given, in such manner as appropriate and may publish a list of routes are classified and numbered the same.
Make the contract void 55. any contract to carry one passenger in a public service vehicle, in so far as it is intended 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 a passenger during carried in, entering or alighting from the vehicle allowed, or intended to impose any conditions with respect to the enforcement of any such liability is not valid.
rules 56. (1) the Minister may make rules for any purpose for which rules may be made under this Act and to fix anything that may be prescribed under this Act, and in General for the purpose of giving effect to the 54 laws of Malaysia Act 334 of this Act, and in particular, but without prejudice to the generality of the preceding provision, may make rules with respect to any of the following matters : (a) forms to be used and the information to be submitted for any purpose of this Act;
(b) the procedure for application for, and determination of questions relating to the granting, variation, suspension and revocation of surrendering the licence and 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) the fees payable under this Act, means of payment and the person liable to pay the fee, the fee exemption for any person or class of persons, or corporations, or the reduction of the fee;
(e) care license, production, return, surrender and cancellation of license on termination, suspension, cancellation or variation of conditions, and the custody, production, pengembal ian and removal of documents;
(f) the form of register and other records to be kept and maintained by the Board, the provision for opening, maintaining and closing the register and other records, the provisions for examine and take extracts thereof and supply copies thereof and fees each masingnya due for inspection, extracts and copies thereof;
(g) notification to the Director General or the Chairman of a motor vehicle that has been on hiatus from used under a licence granted under this Act;

(h) records required to be kept by the licensee and authorised vehicle driver and the statement to be made;
(i) prescribing a penalty (not exceeding what is set by section 119 road transport act 1987) for any breach of or failure to comply with any such method;
Commercial vehicles Licensing Board 55 (j) ways of commercial vehicles identified as the authorised vehicle either through plate, sign or otherwise, and then assign a Word, letters, numbers, colors, or a sign of identification affixed or not on the authorised vehicle;
(k) the safe storage or disposal of any property that was left out in a public service vehicle and set the payment made in respect of, and different rules may be made in respect of the classes or description of vehicles allowed different, and in respect of the classes and description authorised vehicle similar in different circumstances.
(2) any rules made by the Minister under this Act shall be published in the Gazette.
repeal, transitional and saving * 57. (1) Road Traffic Ordinance 1958 [Ord. 48 1958] and Order Modification of law (Ordinance traffic road) (Expansion and renovation) 1984 [P.U. (A) 136/1984] in so far as it relates to the licensing of commercial vehicles are hereby repealed: provided that all subsidiary legislation relating to the licensing of commercial vehicles made under the repealed Ordinance shall be deemed to have been made under this Act and shall remain in force until amended , suspended or cancelled under it: provided further that any licence, permit or any other document in respect of a vehicle is allowed, or any reduction in fees or any exemption, issued or granted under the repealed Ordinance and in force immediately before the commencement of this Act * NOTE – Amendment in subsection 36 (2) of the road transport Act (Amendment) Order 1994 [Act A878] shall be deemed to have become an integral part of section 57 commercial vehicles Licensing Board Act 1987 with effect from 1 January 1988 and any act done and proceeding was initiated with respect to the licensing of commercial vehicles during the period between that date and the currency of this Act and continuing thereafter, if any, are hereby declared to be a valid and according to the law, and shall be deemed to be and always and at all times lawful and in accordance with the law.
56 laws of Malaysia Act 334 shall, to the extent that production or pemberiannya in accordance with this Act, be deemed to have been issued or granted under this Act and shall remain in force until it is due, or modified, amended or revoked thereunder.
(2) If an application for the grant of a licence in respect of commercial vehicles were made before this Act comes into force and is pending, before this Act comes into operation, the results of any authority as is mentioned in subsection (3), proceedings in respect of the application shall be continued under the repealed Ordinance subject to any modification to the application being made for menyelaraskannya with the provisions of this Act , and subject to any direction given by the authority in respect of the continuation of the proceedings on the application.
(3) any authority established under the repealed Ordinance, which has power to grant licences in respect of commercial vehicles and existing immediately before the commencement of this Act, shall continue to exist and shall exercise all functions as may be given to road transport Licensing Board established under the repealed Ordinance until established a commercial vehicles Licensing Board under section 3 to replace the authorities.
(4) where any appeal in respect of a decision made under the repealed Ordinance is pending before any right to appeal with respect to the decision have been accrued, proceedings in respect of the appeal or in respect of any appeal under accrued rights to appeal, shall be continued or held, as the case may be, under this Act, subject to all such instructions as may be deemed fit or useful by the authorities or court , as the case may be, to give him on the matter.
power of Minister to make additional provisions, etc.
58. the Minister may, by rules, make such provisions as it may deem necessary or expedient commercial vehicles Licensing Board 57 for the purpose of removing any inconvenience due to the currency of this Act, and any method that can be made so with effect from the first currency of this Act.
58 laws of Malaysia Act 334 laws of Malaysia Act 334 commercial vehicles Licensing Board Act 1987 List Amendment law short title force of the Act amending the vehicle licensing Act a708 15-09-1988 (Amendment) 1988 Trade Act a878 road transport Act 04-03-1994 (Amendment) Act 1994 vehicle licensing Act a1024 01-07-1998: trade (Amendment) 1998 unless paragraph 3 (f) and subparagraph 12 (a) (i) (B) the commercial vehicles Licensing Board 59 laws of Malaysia Act 334 commercial vehicles Licensing Board Act 1987 which Amended Section List
Power to amend section effect from 1a a1024 Act 01-07-1998 2 Act a708 15-09-1988 Act a1024 01-07-1998 4 a1024 Act 01-07-1998 5 a1024 Act 01-07-1998 6 a1024 Act 01-07-1998 7 Act a708 15-09-1988 8a a1024 Act 01-07-1998 10 a708 Act 15-09-1988 11 Act a708 15-09-1988 Act a1024 01-07-1998 14 a1024 Act 01-07-1998 15 a1024 Act 01-07-1998 17 a1024 Act 01-07-1998 19 a1024 Act 01-07-1998 20 a1024 Act 01-07-1998 20a a1024 Act 01-07-1998 21a a1024 Act 01-07-1998 25a-25B a1024 Act 01-07-1998
29 Act a1024 01-07-1998 60 laws of Malaysia Act 334 33 Act a1024 01-07-1998 34 Act a708 15-09-1988 Act a1024 01-07-1998 35 a1024 Act 01-07-1998 36 a1024 Act 01-07-1998 37 Act a1024 01-07-1998 38 a1024 Act 01-07-1998 39 a1024 Act 01-07-1998 40 Act a1024 01-07-1998 42 a1024 Act 01-07-1998 44 a708 Act 15-09-1988 44a a708 Act 15-09-1988 Act a1024 01-07-1998 44B a1024 Act 01-07-1998 44 c a1024 Act 01-07-1998 45 a708 Act 15-09-1988 45a a708 Act 15-09-1988 a708 Act 46 15-09-1988 48a a1024 Act 01-07-1998 49 a708 Act 15-09-1988 50 a708 Act 15-09-1988 a1024 Act 51 01-07-1998 51a-51B a1024 Act 01-07-1998 54 a1024 Act 01-07-1998 57 Act a878 04-03-1994 Section power amend with effect from printed by PerCetakan naSional malaySia berhaD, kuala lumPur on behalf and by order of the Government of malaySia jw515521 14-04-2010

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