*AKTA LEMBAGA PELESENAN KENDERAAN PERDAGANGAN 1987

) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

Application

) This Act shall not apply to any commercial vehicles which are subject to any law relating to tourism or tourism industry in Sabah,

Sarawak and the Federal Territory of Labuan.

Interpretation

in relation to an application for a licence, means the address, premises or place specified in the application as the permanent base or centre from which it is intended that the motor vehicle, the subject of such application, will be normally used; and

in relation to a licence, means the address, premises or place specified in the licence as the permanent base or centre from which the authorized vehicle shall be used or operated when so used or operated for the purposes authorized by such licence;

“Board” means the Commercial Vehicles Licensing Board Sabah or the Commercial Vehicles Licensing Board Sarawak, as the case may be;

Commercial Vehicles Licensing Board 11

“Board Officer” means an officer appointed under section 8A;

“Board Secretary” means the Secretary to the Commercial Vehicles

Licensing Board appointed under section 5 or 6, as the case may be;

“bus” means a public service vehicle having a seating capacity of not less than eight persons (including the driver);

“carriage of goods” includes the haulage of goods;

“Chairman” means the Chairman of the Board;

“charter bus” means a bus which is hired as a whole for a single journey for which payment is made to the owner by the person hiring the bus;

“Chief Police Officer” includes any police officer not below the rank of Inspector authorized in writing by a Chief Police Officer to exercise the powers vested by this Act in a Chief Police Officer;

“commercial vehicles” includes public service vehicles and goods vehicles;

“company” includes any company as defined in the *Companies Act 1965 [Act 125], any company formed under any law, any corporation incorporated by law, and any firm or partnership;

“conductor”

means a person licensed under the

Road Transport Act 1987 [Act 333] to act as a conductor of a public service vehicle;

“Deputy Chairman” means the Deputy Chairman of the Board appointed under section 5 or 6, as the case may be;

*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

w.e.f. 31 January 2017―see subsection 620(1) of Act 777.

12 Laws of Malaysia ACT 334

“Director General” means the Director General for Road Transport appointed under section 3 of the Road Transport Act 1987 and includes a Deputy Director General, a Director or a Deputy Director;

“driver” means the person for the time being driving a motor vehicle;

“employees bus” means a bus used for the conveyance of workers in any industry to and from their work place and otherwise;

“express bus” means a bus plying along the route approved by the

Board, with a time-table and fare table, for the carriage of passengers at separate fares on a service which contains no fare stages of less than thirty-two kilometres;

“e-hailing vehicle” means a motor vehicle having a seating capacity of four persons and not more than eleven persons (including the driver)

used for the carriage of persons on any journey in consideration of a single or separate fares for each of them, in which the arrangement, booking or transaction, and the fare for such journey are facilitated through an electronic mobile application provided by an intermediation business;

“fare stage”, in relation to a route authorized in a public service vehicle licence, means any division of such route for the purpose of arranging a schedule of fares;

“feeder bus” means a bus which has no fare stages used for the carriage of passengers on a round trip at separate fares from a fixed base for a distance within a radius of not more than seven kilometres;

“goods” means any thing, including livestock, carried on or in a motor vehicle for the purpose of any trade or business but does not include—

equipment ordinarily used with the vehicle;

articles of merchandise carried by a person on or in the vehicle solely for the purpose of exhibition as samples;

Commercial Vehicles Licensing Board 13

articles carried by a person on or in the vehicle for use in the exercise of his trade, business or profession and not for sale;

“goods vehicle” means—

any motor vehicle constructed or adapted for use for the carriage of goods; or

any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers, but does not include a private motor car drawing a trailer for purposes unconnected with trade or business;

“Government” means the Federal Government or any State

Government;

“hire and drive car” means a motor vehicle let on hire for the purpose of being driven by the hirer or his nominee;

“hire car” means a motor vehicle having a seating capacity of not more than six persons or, in areas approved by the Board, twelve persons (in all cases including the driver) used for carrying persons on one journey in consideration of separate payments made by them;

“intermediation business” means the business of facilitating arrangements, bookings or transactions of an e-hailing vehicle or a p-hailing vehicle whether for any valuable consideration or money’s worth or otherwise;

“intermediation business licence” means a licence issued under

Part IVA;

“licence” means a licence issued under this Act and includes a short term licence issued under section 18 except an intermediation business licence issued under Part IVA;

“limousine taxi cab” means a motor vehicle having a seating capacity of not more than seven persons (including the driver) and operating

14 Laws of Malaysia ACT 334

from a fixed base or in an authorized area in consideration of a single payment;

“local authority” shall have the same meaning as that assigned to it under the Local Government Act 1976 [Act 171];

“Malay” shall have the same meaning as assigned to it in Article 160

of the Federal Constitution;

“maximum permissible laden weight” means such weight as the

Director General may specify as a suitable laden weight for an authorized vehicle;

“mini bus” means a bus having a seating capacity of not more than twenty-six persons (including the driver) used for the carriage of passengers at separate fares;

“Minister” means the Minister charged with the responsibility for matters relating to the licensing of commercial vehicles in Sabah,

Sarawak and the Federal Territory of Labuan;

“motor vehicle” means a vehicle of any description, propelled by means of a mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;

“native” shall have the same meaning as assigned to it in

Article 161A of the Federal Constitution;

“owner”,—

in relation to a motor vehicle registered or deemed to be registered under the Road Transport Act 1987, means the registered owner of such vehicle; and

in relation to any other motor vehicle, means the person in possession of or using or having the use of the motor vehicle;

Commercial Vehicles Licensing Board 15

“passenger”—

in relation to a person carried on a public service vehicle, does not include the driver or conductor or any ticket inspector in pursuance of his duties; and

in relation to persons carried on a goods vehicle, does not include the driver or any attendant required by law to be carried on the vehicle;

“police officer” includes an extra police officer, a volunteer reserve police officer and an auxiliary police officer;

“public service vehicle” means a motor vehicle used for carrying passengers for hire or reward or for any other valuable consideration;

“p-hailing vehicle” means a motor vehicle used for the carriage of goods on any journey in consideration of a charge for each of the goods, in which the arrangement, booking or transaction, and the charge for such journey are facilitated through an electronic mobile application provided by an intermediation business;

“registered owner” means the person registered as the owner of a motor vehicle under the Road Transport Act 1987;

“road” shall have the same meaning as assigned to it in section 2 of the Road Transport Act 1987;

“Road Transport Department” means the Department administered by the Director General;

“road transport officer” means any person appointed to be a road transport officer under section 3 of the Road Transport Act 1987;

“school bus” means a bus used exclusively for the conveyance of pupils or staff of schools or other educational institutions;

16 Laws of Malaysia ACT 334

“stage bus” means a bus plying along a road approved by the Board for the carriage of passengers on a service which contains fare stages, with a separate fare, time-table and schedule of fare for each fare stage;

“taxi cab” means a motor vehicle having a seating capacity of not more than six persons (including the driver) used for carrying persons on any journey in consideration of a single fare;

“this Act” includes any subsidiary legislation made under this Act;

“trailer” shall have the same meaning as assigned to it in section 2 of the Road Transport Act 1987;

“unladen weight” means the weight of a vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road but exclusive of loose tools;

“use” means use on any road;

“vehicle” means a motorized structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion.

) For the purposes of this Act, the commercial vehicles licensing board for the Federal Territory of Labuan shall be the Commercial

Vehicles Licensing Board Sabah.

Commercial Vehicles Licensing Board 17

*4. (Deleted by Act A1376).

Membership of the Commercial Vehicles Licensing Board Sabah

a Chairman;

a representative of the State Ministry charged with the responsibility for transport;

a representative of the Road Transport Department;

a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles, who shall be the Board Secretary; and

not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport.

Membership of the Commercial Vehicles Licensing Board Sarawak

a Chairman;

*NOTE—see sections 9 to 12 of Commercial Vehicles Licensing Board (Amendment) Act 2010

[Act A1376].

18 Laws of Malaysia ACT 334

a representative of the State Ministry charged with the responsibility for transport;

a representative of the Road Transport Department;

a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles, who shall be the Board Secretary; and

not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport.

Temporary exercise of functions of Chairman

) The procedure and functions of any committee appointed under subsection (1) shall be determined by the Board:

Provided that such committee shall keep minutes of its proceedings and copies of such minutes shall forthwith be tabled before the Board.

Commercial Vehicles Licensing Board 19

Appointment of Board Officer

) If any member of the Board or a committee acquires any financial interest in any undertaking involving commercial vehicles he shall, within four weeks after so doing, give notice in writing to the

Minister specifying the interest so acquired, and the Minister, after taking the matter into consideration may, if he thinks fit, declare that the member has vacated his office.

) The Chairman and members of the Board appointed under sections 5 and 6 shall hold office for such term not exceeding three years as the Minister may determine at the time of their appointment and shall be eligible for re-appointment.

) The Minister may appoint an alternate member in respect of each member of the Board (excluding the Chairman) to attend a meeting of the Board whenever such member is unable to attend such meeting due to illness, incapacity or any other reason.

) The Board may appoint an alternate member in respect of each member of a committee to attend a meeting of the committee whenever such member is unable to attend such meeting due to illness, incapacity or any other reason.

20 Laws of Malaysia ACT 334

) The Chairman shall be paid such remuneration and allowances as the Minister may determine after consultation with the Minister of

Finance.

) Every member of the Board and of every committee appointed under section 8 may be paid allowances at such rates as the Minister may determine after consultation with the Minister of Finance.

) Every member of the Board and of every committee appointed under section 8 shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Procedure of the Board and Minister’s general directives

) Subject to this Act, the Minister may in writing give such general directives on the policy to be followed by the Board in determining applications as he may think desirable in the public interest and the Board shall comply with such general directives.

Delegation by the Board

) The Minister shall cause every such annual report to be laid before both Houses of Parliament.

Information to be given to the Board

stage buses;

charter buses;

express buses;

mini buses;

22 Laws of Malaysia ACT 334

employees buses;

feeder buses;

school buses;

hire cars;

hire and drive cars;

taxi cabs;

airport taxi cabs; and

limousine taxi cabs.

) Notwithstanding subsection (1) the Minister may make rules for the purpose of prescribing any other classes of public service vehicles as he thinks fit.

) For the purpose of this Act, an e-hailing vehicle shall be a public service vehicle and subject to an intermediation business license issued under Part IVA.

) (a) Goods vehicles shall be divided into and licensed under the following classes:

carrier’s licence ‘A’; and

carrier’s licence ‘C’.

Goods vehicles of either class may be of different types in respect of their functions.

) A carrier’s licence ‘A’ shall entitle the holder thereof to use the authorized vehicle for the carriage of goods for hire or reward for or in connection with any trade or business carried on by him as a carrier of goods.

Commercial Vehicles Licensing Board 23

) A carrier’s licence ‘C’ shall entitle the holder thereof to use the authorized vehicle for the carriage of his own goods for or in connection with any trade or business carried on by him, but it shall be a condition of the licence that no vehicle which is for the time being an authorized vehicle shall be used for the carriage of goods for hire or reward other than goods sold and delivered by the holder under a contract of sale where a charge is made for the delivery of the goods.

) A motor vehicle specified in a carrier’s licence shall not, while it remains so specified, be specified in any other carrier’s licence.

)

Where at any time goods are carried in a motor vehicle, being a vehicle which has been let on hire by a person who, at the time of the carriage of the goods, is within the meaning of this Act the user of the vehicle, the goods shall be deemed to be carried by that person for hire or reward:

Provided that—

the collection or delivery by a person of goods bought, sold, used or let on hire purchase in the course of a trade or business carried on by him;

the collection or delivery by a person of goods which have been or are to be subjected to a process or treatment in the course of a trade or business carried on by him;

the carriage of goods in a motor vehicle by a manufacturer, agent or dealer whilst the vehicle is being used by him for demonstration purposes; or

the carriage of goods in a motor vehicle which is being used under and in accordance with the rules applicable to a motor trade licence taken out by a manufacturer, repairer or dealer under the Road Transport Act 1987, shall not be deemed to constitute carrying of the goods for hire or reward for the purposes of this Act.

24 Laws of Malaysia ACT 334

)

For the purpose of this Act, a p-hailing vehicle shall be a goods vehicle and subject to an intermediation business licence issued under

Part IVA.

) In addition to any other information which may be required to be given under this Act, the applicant shall give to the Board the following information which is required for the discharge of its functions in relation to the application:

complete information on the details of the route which is related to the application;

a letter of approval from the relevant local authority regarding the usage of stops or terminal facilities in the area of administration of the local authority where the route is located;

a justification report for the route; and

any other information as may be determined by the Board.

) The Board may refuse to register, proceed with or hear or determine an application, and may require that the application be appropriately amended or completed and resubmitted or that a fresh application be submitted in its place if—

the application form as prescribed is not duly completed by reason of any omission or misdescription;

Commercial Vehicles Licensing Board 25

the application form contains any error or alteration; or

the application does not comply with any other prescribed requirement.

Powers of the Board

to grant the application in full or in part;

to grant a licence in respect of motor vehicles other than those involved in the application;

to grant a licence of a different class or for a different maximum permissible laden weight, passenger capacity or type of goods to be carried from that specified in the application;

to grant a licence in which the area or time of operation is different from that specified in the application; or

to refuse the application.

) A person may be the holder of two or more licences, whether of the same class or of different classes.

Duration of licences

The period that may be determined by the Board under paragraph (a) shall not exceed seven years.

26 Laws of Malaysia ACT 334

When a licence is granted under this Act, the Board shall specify the date on which the licence is to come into force and the date of its expiry, and such dates shall be inserted in the licence when it is issued.

) If on the date of the expiration of a licence (other than a short term licence) granted under section 16, proceedings are pending before the Board on an application by the holder of the licence for the renewal of such licence under section 21, such licence shall remain in force until the application is disposed of, but without prejudice to the exercise in the mean time of the powers of suspension or revocation conferred by this Act.

Short term licences

) A short term licence shall cease to have effect from the date on which the Board gives its decision on the application and in no case shall have effect for more than twelve months.

Conditions which may be attached to licence

in relation to a specified class of public service vehicles licence—

that specified fares shall be charged;

Commercial Vehicles Licensing Board 27

that where desirable in the public interest, the fares shall be so fixed as to prevent wasteful competition with alternative means of transport, if any, along the route or any part thereof or in proximity thereto;

that the service shall be operated within the specified areas or routes and in accordance with a specified time-table or in accordance with specified hours of operation and specified frequency;

that copies of the time-table and fare-table shall be carried and displayed in vehicles used on the service and shall be liable for inspection;

that passengers shall not be taken up or set down except at points specified in the licence or shall not be taken up or set down between specified points;

that passengers in excess of a specified number shall not be carried;

that the holder of the licence or certain specified persons only shall drive or operate the vehicle;

that the authorized vehicle is installed with a ticket machine or equipment of the latest technology as may be determined by the Board;

in relation to a goods vehicle licence—

that the authorized vehicle shall or shall not be used in specified areas or between specified places or during specified times;

that the authorized vehicle shall or shall not be operated in areas other than the areas for which the licence was issued;

28 Laws of Malaysia ACT 334

that certain classes or description of goods only shall or shall not be carried;

that goods shall or shall not be carried for specified persons;

that the charge or the maximum or minimum charges to be made for the carriage of goods, the labour charges for the loading and unloading of vehicles and the charges for the demurrage of vehicles shall be as determined by the Board;

that the laden weight of any authorized vehicle shall not exceed a specified maximum;

that explosive, inflammable, poisonous or dangerous goods or goods which give off an offensive smell shall be carried in a specified manner and that specified precautions shall be taken in relation to the carriage of such goods;

in relation to a carrier’s licence ‘A’ which has no restriction on the type of goods to be carried, that the carriage of goods shall not be refused without reasonable excuse;

(Deleted by Act A1024);

in relation to all licences—

that the wages, conditions and hours of employment of persons employed in connection with the authorized vehicle or authorized service shall conform to certain specified requirements;

that documents relating to the goods or passengers shall be carried on the authorized vehicle;

that the issue and control of tickets for passengers and consignment notes for goods and the numbering or marking of such goods in such manner as to enable

Commercial Vehicles Licensing Board 29

them to be readily identified shall conform to the requirements of the Board;

that the holder of the licence shall keep and produce on demand for inspection and verification specified accounts, documents and records;

that the safety and convenience of passengers on vehicles and persons on roads shall be promoted;

that the authorized vehicle is kept in a designated place.

) The Board may, at any time and from time to time in its discretion, add, cancel or vary any of the conditions attached to a licence under this section.

) The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions attached to the licence under this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

) In the case of a vehicle used for the transportation of goods and in respect of which a licence under this Act has been issued, the holder of the licence or any other person who causes or permits the vehicle to be used by any person shall, if the person who uses the vehicle fails to comply with any of the conditions attached to the licence under this section, be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

30 Laws of Malaysia ACT 334

Statutory conditions of licence

that the authorized vehicle is maintained in a fit and serviceable condition as determined by the Director General;

that any provision contained in any written law with respect to limits of speed, weight laden and unladen and the loading of vehicles is complied with in relation to the authorized vehicle;

that section 40 is complied with.

) The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions under this section, shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

) Where a court has found the holder of the licence or any person using, causing or permitting the use of a vehicle guilty of failing to comply with any of the conditions specified in paragraph (1)(a) or (b), the court shall send notice of such finding of guilt to the Board and, where applicable, in respect of such person found guilty of using, causing or permitting such use, to the Director General by whom the vocational licence was granted.

Application for approval to participate in business or agreement

any change in the equity structure; or

Commercial Vehicles Licensing Board 31

any change in the members of the Board of Directors, of the company, partnership or firm, as the case may be, the holder of the licence shall obtain the approval of the Board before participating in the business or agreement.

) The Board may, upon receipt of the application under subsection (1), approve or reject the application and, if the Board approves the application, it may impose any condition as it thinks fit.

) The holder of a licence who fails to comply with this section shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Application for renewal of licence

) An application for renewal of a licence under subsection (1)

shall be made before the date of the expiration of the existing licence.

) If the applicant fails to comply with subsection (2) and offers no reason which the Board thinks as reasonable, the Board may refuse to proceed with, hear or determine such application.

32 Laws of Malaysia ACT 334

Documents required for renewal of licence

an audited financial statement of the applicant; and

a performance report of the previous year relating to—

the total number of passengers or total volume of goods carried;

the total number of operation and revenue mileage;

the total actual number of trips operated and scheduled; and

the estimated number of vehicles that are required to provide efficient service for a particular route.

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

Application for variation

to grant the application in full or in part;

to refuse the application; or

to order any variation of the licence or the conditions thereof other than the variation specified in the application.

Commercial Vehicles Licensing Board 33

Temporary change of use of a public service vehicle

on the ground that any of the provisions of this Act or any other written law or that any of the conditions of the licence has not been complied with;

on the ground that the grant of the licence was induced by a false representation of fact by or on behalf of the holder; or

where it is satisfied that the motor vehicle has been or is intended to be used for an unlawful purpose or that the original purpose for which the licence was issued no longer exists:

Provided that the Board shall not revoke or suspend the licence on the ground of the breach of any of the conditions unless it is satisfied, after giving the holder of the licence an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed

34 Laws of Malaysia ACT 334

wilfully or to the danger to the public involved in the breach, the licence should be revoked or suspended.

) For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 20(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.

) Where a licence has been revoked or suspended, it shall have no effect from the date of revocation or during the period of suspension, as the case may be.

Prohibition in relation to suspended licence

) Any holder of a licence using, causing or permitting the use of a vehicle when the licence in respect of the vehicle is suspended under section 25 shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Power of the Board to replace licence

reorganizing or consolidating the services provided by the holder of licences of different classes; or

Commercial Vehicles Licensing Board 35

reorganizing or consolidating the services provided by the holder of the licences of the same class.

) Before replacing a licence under subsection (1) the Board shall issue a written notice not less than one year before the proposed date of replacement to the holder of the licence stating the intention of the

Board to replace the licence.

) A licence replacing any licence under subsection (1) shall be effective from the date of replacement.

) Upon the coming into effect of the replacement licence, the licence which is replaced under subsection (1) shall be void and shall be surrendered to the Board.

Protection of public interest

) An application for an intermediation business licence under this section shall be made to the Board in the form and manner as

36 Laws of Malaysia ACT 334

determined by the Board and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Board.

) The applicant shall provide to the Board complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

) Subject to this Act, the Board may, on an application for an intermediation business licence under this section—

grant the application in full or in part or with such modifications as the Board thinks fit, and, upon payment of the prescribed fee, issue an intermediation business licence to the applicant; or

refuse the application.

) Every intermediation business licence issued under this section shall set out the duration of the licence and the Board may attach to the intermediation business licence conditions that include—

the type and extent of intermediation business to be operated or provided by the holder of an intermediation business licence;

the general level of service to be provided to persons using services provided by the holder of an intermediation business licence;

the measures to safeguard the safety and security of persons using services provided by the intermediation business; and

the standards of performance to be complied with by the holder of an intermediation business licence in the operation of the intermediation business.

Commercial Vehicles Licensing Board 37

) The Board may, at any time, add, cancel or vary any of the conditions attached to an intermediation business licence issued under this section.

) The issuance of an intermediation business licence by the Board under subsection (4) shall not impose any liability on the Board for any loss or damage occasioned by any act, omission or default of the holder of an intermediation business licence.

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

) A holder of an intermediation business licence who fails to comply with any of the conditions attached to the licence under subsection (5) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of licence

) An application for the renewal of an intermediation business licence under subsection (1) shall be made at least ninety days before the date of expiry of the intermediation business licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Board.

) If the holder of an intermediation business licence fails to comply with subsection (2) and offers no reason which the Board thinks reasonable, the Board may refuse to proceed with, hear or determine such application.

38 Laws of Malaysia ACT 334

) Where no application for renewal of an intermediation business licence has been submitted, the holder of an intermediation business licence shall, within fourteen days from the date of expiry of the intermediation business licence, return the intermediation business licence to the Board.

Application for variation

to grant the application in full or in part;

to refuse the application; or

to order any variation of the intermediation business licence or the conditions of the intermediation business licence other than the variation specified in the application.

Revocation or suspension of the intermediation business licence

if any of the provisions of this Act or any of the conditions of the intermediation business licence has not been complied with;

if the issuance of the intermediation business licence was induced by a false representation of fact by or on behalf of the holder of an intermediation business licence; or

Commercial Vehicles Licensing Board 39

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of an intermediation business licence or, where a receiver or manager is appointed in relation to the business of providing intermediation business by the holder of an intermediation business licence:

Provided that the Board—

in the case of paragraph (a), may in lieu of revocation or suspension of the intermediation business licence appoint a third party to rectify the non-compliance and recover the costs of such rectification from the holder of an intermediation business licence;

in the case of a breach of any of the conditions of the intermediation business licence under paragraph (a), shall not revoke or suspend the intermediation business licence unless it is satisfied, after giving the holder of an intermediation business licence an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the intermediation business licence should be revoked or suspended; or

in the case of a breach of any of the provisions of this

Act under paragraph (a), or paragraph (b) or (c), shall not revoke or suspend the intermediation business licence unless it is satisfied that, after giving the holder of an intermediation business licence an opportunity of making any representation in writing he may wish to make, the intermediation business licence should be revoked or suspended.

) Where an intermediation business licence—

has been revoked, it shall have no effect from the date of revocation and the holder of an intermediation business

40 Laws of Malaysia ACT 334

licence shall within fourteen days from the date of revocation of the intermediation business licence return the intermediation business licence to the Board; or

has been suspended, the holder of an intermediation business licence who continues to operate or provide an intermediation business during the period of suspension, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Transfer of licence prohibited

) A holder of an intermediation business licence who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

) Notwithstanding paragraph 26D(1)(c), the Board may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of an intermediation business licence or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such holder of an intermediation business licence or, where for any reason the Board is satisfied that it would be unjust not to do so, authorize the transfer of such intermediation business licence.

Commercial Vehicles Licensing Board 41

Duty of the holder of an intermediation business licence to keep records, etc.

) A holder of an intermediation business licence who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Duty of the holder of an intermediation business licence to inform

Board

any proceedings or claims instituted or made against the holder of an intermediation business licence which might have an adverse effect on his financial condition or on his ability to perform any condition under the intermediation business licence;

any reprimands or fines imposed on the holder of an intermediation business licence by the Government; and

any change in the control of the holder of an intermediation business licence.

) For the purposes of this section, “control”, in relation to a holder of an intermediation business licence, means having the power, directly or indirectly, to direct the management and policy of the holder of an intermediation business licence.

42 Laws of Malaysia ACT 334

) A holder of an intermediation business licence who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

INTERNATIONAL CIRCULATION OF COMMERCIAL VEHICLES

Permit, licence, etc., under international agreement

) Without prejudice to the generality of subsection (1), rules may be made for the following purposes:

to recognize the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily into Malaysia by persons residing abroad and intending to make only a temporary stay in Malaysia, including loading and unloading of goods or passengers and transit;

to regulate the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily abroad by persons residing in Malaysia and intending to make only a temporary stay abroad, including loading and unloading of goods or passengers and transit;

to regulate the use, operation and technical requirements of the commercial vehicles referred to in subparagraphs (a) and

, including—

Commercial Vehicles Licensing Board 43

the extent, hours, frequency and routes or areas to be used or serviced;

the type and form of documents to be carried and information to be displayed on each commercial vehicles; and

the accounts, documents and records in connection with this section to be kept and produced on demand for inspection and verification; and

to prescribe the fees or charges payable in connection with this section and the manner of payment thereof.

being an applicant for the grant or renewal of a licence or an intermediation business licence under this Act, is aggrieved by the decision of the Board on the application or by any condition imposed by the Board for a licence or an intermediation business licence granted by it; or

being the holder of a licence or an intermediation business licence granted under this Act, is aggrieved by the revocation of such licence or intermediation business licence, may, within ninety days from the date of service of the letter of decision of the Board or for such longer period as the Minister may prescribe, appeal in writing to the Minister against such decision setting out the grounds of appeal.

44 Laws of Malaysia ACT 334

Minister’s power to appoint appeal committee

) The Minister shall give such consideration as he thinks fit to the recommendations of the committee in arriving at his decision on the appeal.

Order on appeal to be binding

) The decision of the Minister on the appeal shall be arrived at on the basis of the documents relating to the appeal and there shall be no oral hearing of the appeal.

) The decision of the Minister under this section shall be binding and shall be final and conclusive.

Instances where there is no right of appeal

) In the event that any licence is granted either as a result of such appeal or subsequent application, or both, the licence so granted shall be deemed void.

) For the purpose of this Act, subsection (1) shall not apply to an e-hailing vehicle.

Prohibition of use of unlicensed goods vehicle

) This section shall not apply—

to the use of a public service vehicle in pursuance of a licence granted under this Act when used by the licence holder in accordance with such licence and any conditions attached thereto;

to the use of a motor vehicle for the purpose of funerals;

to the use of a motor vehicle for police, fire brigade or ambulance purposes;

to the use of a motor vehicle for towing a disabled motor vehicle from a road to a place of safety or for removing goods

Commercial Vehicles Licensing Board 47

from a disabled motor vehicle and removing such goods to a place of safety;

to the use of a motor vehicle for any specified purpose or the use of a motor vehicle of any class or description, when rules made by the Minister under this Act provide that such use shall not be subject to this section;

to the use of a motor vehicle for the purpose of the

Government or local authority when such vehicle is owned by the Government or local authority;

to the use of a motor vehicle in respect of which all the following conditions are satisfied:

the vehicle is a goods vehicle;

the maximum permissible laden weight of the vehicle does not exceed such weight as the Board may specify from time to time;

the vehicle is registered as a goods vehicle;

the prescribed motor vehicle licence fee payable in respect of the vehicle as a goods vehicle has been paid and a motor vehicle licence issued in consequence of such payment is in force; and

the vehicle is used by its owner solely for the carriage of goods for or in connection with any trade or business carried on by such owner, provided that he does not use such vehicle for the carriage of goods for hire or reward other than goods sold and delivered by him in cases where, under the contract of sale, a charge is made for the delivery of the goods; and

to a p-hailing vehicle.

48 Laws of Malaysia ACT 334

Use of goods vehicle for carriage of passengers to be licensed

any other licence or intermediation business licence that has been issued to him under this Act;

any financial interest whatsoever which he has in the business of any other person or company which provides facilities for the transport of passengers or goods within Malaysia;

any such interest or right which any other person has in his business and in the case of an applicant being a company, any right which that other person has to nominate any director of the company.

) If the applicant fails to disclose the information required under subsection (1) or supplies such information which to his knowledge is false or incorrect in whole or in part, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Commercial Vehicles Licensing Board 49

Information requested by the Board from licence holder or intermediation business licence holder

of any agreement or arrangement affecting in any material respect the provision of facilities for the transport of passengers or goods for hire or reward made by him with any other person by whom such facilities are provided, whether within or without Malaysia;

of any financial interest whatsoever which any other person has in the business of the holder of a licence or the holder of an intermediation business licence, and in the case of the holder of a licence or the holder of an intermediation business licence being a company, of any right which that other person has to nominate any director of the company;

of any interest or rights which the holder of a licence or the holder of an intermediation business licence has in the business of any other person who provides facilities for the transport of passengers or goods for hire or reward within

Malaysia.

) If any person refuses or fails to supply, within the prescribed time, any information which he is required to supply under this section or supplies any information which to his knowledge is false or incorrect in any respect, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

50 Laws of Malaysia ACT 334

Alteration of authorized vehicle

) If any person fails to comply with or contravenes this section, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Transfer of licence prohibited

) Except with the previous consent of the Board, the holder of such licence shall not appoint an agent or attorney for the purpose of exercising any of the rights conferred on him and shall not cause or permit any such agent or attorney to exercise any such right.

) The holder of a licence granted under this Act who purports to transfer or assign the licence or causes or permits any other person to use an authorized vehicle or to provide the service authorized in the licence shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

) The Board may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the holder of such licence or, where a receiver or manager is appointed in relation to the business of the holder of such licence or, where for any reason the Board is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Commercial Vehicles Licensing Board 51

Records and returns

) It shall be the duty of the holder of such licence to keep such records in relation to the use of the authorized vehicle as may be prescribed.

) The Board or the Director General may, by notice in writing, require the holder of such licence to produce all or any such records, accounts, financial and statistical returns or other documents at such time and place as may be specified in such notice, and to vouch the same, and to afford the Board, Director General, a Board Officer or a road transport officer reasonable facilities for checking and examining such records, accounts, financial and statistical returns or other documents and satisfying himself as to the completeness and accuracy thereof.

) If any person fails to comply with or contravenes this section, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Abetment of offences

for the purpose of obtaining under the provisions of this Act the grant of any type or description of licence or intermediation business licence to himself or to any other person or the variation of any such licence or intermediation business licence, or for the purpose of preventing the grant or variation of any such licence or intermediation business licence or of procuring the imposition of any condition or limitation in relation to any such licence or intermediation business licence, makes any statement or declaration which to his knowledge is false or incorrect, either in whole or in part, or in any material respect misleading;

furnishes any particulars in relation to an application for the grant of a licence or an intermediation business licence under this Act which to his knowledge are false or in any material respect misleading;

makes any entry in a record, register or other document required to be issued, kept, maintained or furnished under this

Act which is false or in any material respect misleading, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

) In any prosecution under this section, when it has been proved that any application, particulars, returns, accounts, document or written statement is false or incorrect in whole or in part or misleading in any material particular, it shall be presumed until the contrary is proved, that such application, particulars, returns, accounts, document or written statement was false or incorrect or misleading in a material particular, as the case may be, to the knowledge of the person signing, delivering or supplying the same.

) If any person—

Commercial Vehicles Licensing Board 53

forges, alters, tampers with, defaces, mutilates, uses or lends to or allows to be used by any other person any mark, plate or document which is required by this Act to be carried or exhibited on a motor vehicle or licence or intermediation business licence;

makes or has in his possession any mark, plate or document so closely resembling any such mark, plate or document as aforesaid as to be calculated to deceive;

alters any entry made in a register, licence, intermediation business licence or other document issued or kept under this

Act;

exhibits on any motor vehicle any licence or intermediation business licence or identification mark, plate or document which has been altered, tampered with, defaced, mutilated or added to, or any imitation of a licence or an intermediation business licence, mark, plate or document which is required under this Act to be carried or exhibited on a motor vehicle;

exhibits on any motor vehicle any licence or intermediation business licence or identification mark, plate or document which does not belong to such vehicle;

prepares or maintains or authorizes the preparation or maintenance of false records that are required to be maintained under this Act; or

falsifies or authorizes the falsification of records that are required to be furnished under this Act, he shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both:

Provided that in the case of paragraph (d), he shall not be found guilty of an offence if he proves that he had acted in good faith and had no

54 Laws of Malaysia ACT 334

reasonable grounds for supposing that such licence or intermediation business licence or identification mark, plate or document had been altered, tampered with, defaced, mutilated or added to, or that such licence or intermediation business licence, mark, plate or document was an imitation.

) If any police officer or road transport officer has reasonable cause to believe that a document carried on a motor vehicle or any licence or intermediation business licence or record or other document produced to him in pursuance of this Act by the driver or person in charge of a motor vehicle is a document in relation to which an offence under this section has been committed, he may seize the document, licence or intermediation business licence or record.

) For the purpose of this section, the expression “document”

includes a badge and the expression “seize” includes power to detach from the motor vehicle.

Liability of registered owner and others

) Except where otherwise provided by this Act, any act or omission by the servant, agent or partner of the registered owner shall, for the purpose of any prosecution or proceedings under this Act, be deemed to be the act or omission of the registered owner, unless he satisfies the court that he has taken all reasonable steps and precautions to prevent such an act or omission.

) In the event of any act or omission by a servant, agent or partner of the registered owner which would have been an offence against this

Act if committed by the registered owner, that servant, agent or partner shall also be guilty of that offence.

) Where the registered owner is a body corporate, any person who at the time of the commission of such offence was a director, general

Commercial Vehicles Licensing Board 55

manager, manager, secretary or other similar officer of the body corporate, or who was purporting to act in any such capacity, shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance, and that he has exercised due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions and to all the circumstances.

Offences by body corporate

may be charged severally or jointly in the same proceedings with the body corporate; and

if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

that the offence was committed without his knowledge, consent or connivance; and

that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.

) If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—

56 Laws of Malaysia ACT 334

by that person’s employee in the course of his employment;

by the agent when acting on behalf of that person; or

by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.

Powers of the police in investigation

) Whoever, on being required by a road transport officer to give information under this section, refuses to comply with such request by the officer or furnishes as true, information which he knows or has reason to believe to be false, shall be guilty of an offence and shall on conviction be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

NOTE—Previously “not exceeding five thousand ringgit”–see The Commercial Vehicles Licensing

Board (Amendment) Act 1998 [Act A1024].

Commercial Vehicles Licensing Board 57

) When any such information is proved to be untrue or incorrect in whole or in part, it shall be no defence to allege that such information or any part thereof was misinterpreted, or furnished inadvertently or without criminal or fraudulent intent.

Power of Board Officer to investigate, etc.

) If the licence seized under subsection (1) is a licence which has been suspended under section 25, the licence shall be returned to the holder of the licence upon the expiry of the period of suspension.

Who may prosecute

) If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice been permitted to compound the offence.

Provisions as to evidence

) When in any proceedings for an offence under this Act it is necessary to prove that any person was, or was not, the holder of a licence or an intermediation business licence granted under this Act, a certificate purporting to be signed by the Chairman and certifying as to the matters aforesaid, shall be admissible as evidence and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature of the Chairman to such certificate.

Commercial Vehicles Licensing Board 59

Presumptions

that any conveyance of persons or goods in a motor vehicle was for hire or reward;

that the passengers carried in a motor vehicle were being carried in consideration of separate payments made by them;

that a vehicle is not an authorized vehicle;

that any person is not the holder of a licence or an intermediation business licence issued under this Act in respect of a motor vehicle;

that any person is not the holder of a licence or an intermediation business licence authorizing him to provide any particular service;