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DR 11/2010

A BILL

i n t i t u l e d

An Act to amend the Commercial Vehicles Licensing Board Act 1987.

ENACTED by the Parliament of Malaysia as follows:

1. Short title and commencement

(1) This act may be cited as the Commercial Vehicles Licensing Board (Amendment) Act 2010.

(2) This act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

2. Interpretation

In this Act, "appointed date" means the date appointed by the Minister under subsection 1(2).

3. Amendment of section 1A

The Commercial Vehicles Licensing Board Act 1987 [Act 334], which is referred to as the "principal act" in this act, is amended by substituting for section 1a the following section:

"1A. Application

(1) This Act shall apply only to Sabah, Sarawak and the Federal Territory of Labuan.

(2) 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.".

4. Amendment of section 2

Section 2 of the principal act is amended:-

(a) in the definition of "board", by deleting the words "the Commercial Vehicles licensing board Peninsular Malaysia,";

(b) in the definition of "Minister", by inserting after the words "commercial vehicles" the words "in Sabah, Sarawak and the Federal Territory of Labuan";

(c) in the definition of "board Secretary", by deleting the word "4,"; and

(d) in the definition of "Deputy Chairman", by deleting the word "4,".

5. Amendment of section 3

Subsection 3(1) of the principal act is amended by deleting the words "Peninsular Malaysia," and the words ‘the "Commercial Vehicles licensing board Peninsular Malaysia",’.

6. Deletion of section 4

The principal act is amended by deleting section 4.

7. Amendment of section 9

Section 9 of the principal act is amended in subsection (3) of the English language text by deleting the words "paragraph 4(e),".

8. Amendment of section 27

Section 27 of the principal act is amended by substituting for the words "thirty days in the case of Peninsular Malaysia and ninety days in the case of Sabah, Sarawak and the Federal Territory of Labuan" the words "ninety days".

9. Non-application, dissolution, transitional and saving

(1) On the appointed date:-

(a) the Commercial Vehicles Licensing Board Act 1987, hereinafter referred to as "the act", shall cease to apply to Peninsular Malaysia; and

(b) the Commercial Vehicles licensing board Peninsular Malaysia, hereinafter referred to as the "dissolved board", is dissolved.

(2) Notwithstanding the non-application of the Commercial Vehicles Licensing Board Act 1987 to Peninsular Malaysia, all subsidiary legislation made or deemed to have been made or having effect under the Act and in force or having effect on the appointed date shall, in so far as they are not inconsistent with the land Public Transport Act 2010 [Act ], continue to be in force and have effect in Peninsular Malaysia as if they had been made under the Land Public Transport Act 2010 until they are amended, revoked or replaced by subsidiary legislation made under the Land Public Transport Act 2010.

(3) The powers, rights, privileges, liabilities, obligations and duties which immediately before the appointed date were those of the dissolved board shall devolve on the Suruhanjaya Pengangkutan Awam Darat, hereinafter referred to as the "Commission", as from that date.

(4) All decisions, directions and notifications made or given by the dissolved board in accordance with the Act shall be deemed to have been made or given by the Commission under the Land Public Transport Act 2010 and shall continue in force until the decisions, directions and notifications are amended, revoked or replaced or until the date upon which they expire.

(5) Notwithstanding anything to the contrary, the members of the dissolved board and the members of any committee appointed under the Act and holding office before the appointed date shall cease to hold office on that date.

(6) Any person who immediately before the appointed date was employed as an officer or servant of the dissolved board shall, on the appointed date, have the right to an option to be employed by the Commission upon terms and conditions of service no less favourable than those enjoyed immediately before the appointed date.

(7) Until such time as the terms and conditions of service, including the conduct and discipline of its employees are drawn up by the Commission, the scheme and terms and conditions of service including the conduct and discipline of employees of the dissolved board, shall mutatis mutandis continue to apply to every person who has opted under subsection (6) to be employed by the Commission.

(8) All moneys due to be paid to the dissolved board immediately before the appointed date shall become due to the Commission as from that date.

(9) Any proceedings whether civil or criminal or cause of action pending or existing immediately before the appointed date, by or against the dissolved board may be continued or instituted by or against the Commission as it might have been continued or instituted by or against the dissolved board as if the Land Public Transport Act 2010 had not been passed.

(10) Subject to the provisions of the Land Public Transport Act 2010, nothing in the Act or the Land Public Transport Act 2010 shall affect any person liable to be prosecuted or punished for offences committed under the act before the appointed date, or any investigation made, proceedings brought or sentence imposed before that day in respect of such offence.

(11) A reference in any written in force law immediately before the appointed date to the dissolved board shall, to the extent of its application to Peninsular Malaysia, be construed as a reference to the Commission.

10. Status of existing licences etc, under the Act

(1) Any licence or exemption issued or granted under the Act in respect of the licensing of commercial vehicles prior to the appointed date and expiring at any time after the appointed date shall, on the appointed date be deemed to be issued or granted under the land Public Transport Act 2010 until the expiry of the licence or exemption if the licence or exemption is registered with the Commission within six months from the appointed date or within such other period as may be extended by the Commission.

(2) Nothing in this section shall be construed so as to extend the term or duration of a licence or exemption referred to in subsection (1) beyond the date of its expiry.

(3) Notwithstanding the period of validity of the licence or exemption referred to in subsection (1), if it is not registered with the Commission within the period of registration under subsection (1), such licence or exemption shall lapse on the expiry of the period of registration.

(4) A licence or exemption referred to in subsection (1) shall be subject to terms and conditions as the Commission may determine, and the provisions of the land Public Transport Act 2010 relating to the revocation, suspension and renewal of licences and exemptions shall apply to all licences issued and exemptions given under the Land Public Transport Act 2010 pursuant to subsection (1).

11. Status of pending applications under the Act

(1) all applications for:-

(a) the issuance or renewal of licences in respect of commercial vehicles;

(b) the variation of the conditions of licences issued or renewed as described under paragraph (a); and

(c) exemptions under any provision of the act or any subsidiary legislation made thereunder in respect of the licensing of commercial vehicles, made by any person under the act before the appointed date and pending immediately before the appointed date shall, with effect from the appointed date, be dealt with under the Land Public Transport Act 2010 by the Commission as if such applications had been made to it under the provisions of the Land Public Transport Act 2010.

12. Status of pending appeals under the Act

Where any appeal in respect of a decision made under the Act was pending immediately before the appointed date before the Minister charged with the responsibility for matters relating to the licensing of commercial vehicles or where any right to appeal in respect of such decision had accrued, the proceedings in respect of the appeal or in respect of any appeal under the accrued right to appeal, shall be continued or had, as the case may be, with effect from the appointed date before the appeal Tribunal under the Land Public Transport Act 2010 as if those proceedings were in respect of a decision under the Land Public Transport Act 2010, subject to all such directions or conditions as the appeal Tribunal may deem fit or expedient to give or impose in the matter.

EXPLANATORY STATEMENT

This Bill seeks to amend the Commercial Vehicles Licensing Board Act 1987 ("Act 334") to provide for consequential changes to Act 334 pursuant to the proposed Suruhanjaya Pengangkutan Awam Darat Act 2010 and the proposed Land Public Transport Act 2010. The proposed Suruhanjaya Pengangkutan Awam Darat Act 2010 seeks to establish the Suruhanjaya Pengangkutan Awam Darat ("Commission") as the principal regulator for land public transport, which includes public service vehicles and goods vehicles for Peninsular Malaysia, whilst the proposed Land Public Transport Act 2010 sets out the regulatory framework for land public transport for Peninsular Malaysia. Thus, after the commencement of the proposed Suruhanjaya Pengangkutan Awam Darat Act 2010 and the proposed Land Public Transport Act 2010, Act 334 will only apply to Sabah, Sarawak and the Federal Territory of Labuan.

2. Clause 1 contains the short title and enables the Minister to appoint the commencement date of this Bill.

3. Clause 2 seeks to introduce the definition of "appointed date" of this Bill.

4. Clause 3 seeks to make amendments to section 1 of Act 334 to clarify that Act 334 will only apply to Sabah, Sarawak and the Federal Territory of Labuan.

5. Clauses 4 and 5 seek to amend sections 2 and 3 respectively of Act 334 to delete references made to the Commercial Vehicles licensing board Peninsular Malaysia which is dissolved by this proposed Act.

6. Clauses 6, 7 and 8 seek to propose further consequential amendments to sections 4, 9 and 27 respectively of Act 334.

7. Clause 9 seeks to provide for the non-application of Act 334 to Peninsular Malaysia, the dissolution of the board and transitional matters and savings.

8. Clause 10 provides for the status of existing licences under Act 334.

9. Clause 11 provides for the status of pending applications under Act 334.

10. Clause 12 provides for the status of pending appeals under the Act 334.

FINANCIAL IMPLICATIONS

This Bill will involve the Government in extra financial expenditure the amount of which cannot at present be ascertained.