Legislation	Case Law	Article	Practice Notes	Forms	My CLJ	Members' Menu	Sign Out

DR 15/2010

A BILL

i n t i t u l e d

An Act to amend the Road Transport Act 1987.

[ ]

ENACTED by the Parliament of Malaysia as follows:

1. Short title and commencement

(1) This Act may be cited as the Road Transport (Amendment) Act 2010.

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

2. Amendment of section 2

The Road Transport Act 1987 [Act 333], which is referred to as the "principal Act" in this Act, is amended in section 2:-

(a) by inserting after the definition of "public service vehicle" the following definition:

‘ "recorded image" means any visual (whether still or moving) images recorded, expressed, described or howsoever represented, including any information stated therein;’;

(b) in the definition of "roads":-

(i) in paragraph (a), by deleting the word "and" at the end of the paragraph;

(ii) in paragraph (b), by substituting for the comma at the end of the paragraph the word "; and";

(iii) by inserting after paragraph paragraph (b) the following:-

"(c) for the purpose of sections 48 and 65, also includes a parking place."; and

(iv) by deleting the words "but shall not include any private road, bridge, tunnel or anything connected to that road which is maintained and kept by private persons or private bodies;";

(c) in the definition of "goods vehicle", by inserting after the words "the Commercial Vehicles Licensing Board Act 1987" the words "and the Land Public Transport Act 2010 [Act ]";

(d) in the definition of "public service vehicle", by inserting after the words "Commercial Vehicles Licensing Board Act 1987" the words "and the Land Public Transport Act 2010";

(e) by inserting after the definition of "motor vehicle" the following definition:

‘ "scheduled offence" means an offence prescribed under the First Schedule;’;

(f) by inserting after the definition of "bankruptcy" the following definition:

‘ "camera-recorded offence" means an offence prescribed under the Second Schedule;’;

(g) by inserting after the definition of "vehicle" the following definition:

‘ "vocational licence" means a licence to drive or act as a conductor of a public service vehicle or goods vehicle;’; and

(h) by inserting after the definition of "road transport officer" the following definition:

‘ "Suruhanjaya Pengangkutan Awam Darat" means the Suruhanjaya Pengangkutan Awam Darat established under section 2 of the Suruhanjaya Pengangkutan Awam Darat Act 2010’.

3. New sections 4A and 4B

The principal Act is amended by inserting after section 4 the following sections:-

"4A. Powers of police officer and road transport officer

Notwithstanding anything contained in any written law, any police officer or road transport officer shall exercise the powers conferred by this Act in respect of offences committed under this Act on any road, including roads maintained and kept by private persons or private bodies.

4B. Power of Minister to appoint other officers

The Minister may appoint any officer of the Suruhanjaya Pengangkutan Awam Darat as he considers necessary or expedient for the purposes of this Act to exercise the powers of a road transport officer.".

4. Amendment of section 5

Paragraph 5(1)(a) of the principal Act is amended by substituting for the words "two hundred and fifty" the words "three thousand".

5. Amendment of section 7

Section 7 of the principal Act is amended:-

(a) in paragraph (2)(e), by inserting after the words "the Commercial Vehicles Licensing Board 1987" the words "and the Land Public Transport Act 2010"; and

(b) in subsection (3), by substituting for the words "not exceeding two thousand" the words "of not less than two thousand ringgit and not more than ten thousand".

6. Amendment of section 10

Paragraph 10(3)(a) of the principal Act is amended by deleting the words "engine and".

7. Amendment of section 11

Section 11 of the principal Act is amended by inserting after subsection (1) the following subsection:

"(1A) Notwithstanding paragraph (1)(a), the Director may, subject to any terms and conditions as may be prescribed by the Director General, and on payment of the prescribed fee, re-assign to the registered owner the registration number of any motor vehicle which has been reported to be lost, stolen, broken up, destroyed, or sent permanently out of Malaysia:

Provided that the registration number shall be re-assigned to a motor vehicle which has not been previously registered.".

8. New section 13A

The principal Act is amended by inserting after section 13 the following section:

"13A. Registration number plate

(1) The Director General shall, on application, assign a registration number plate to a motor vehicle registered under this Act.

(2) No person shall:-

(a) manufacture or produce a registration number plate unless authorized by the Director General to do so;

(b) distribute or sell a registration number plate to another person; or

(c) affix a registration number plate on a registered motor vehicle other than the registration number plate assigned by the Director General under subsection (1).

(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall on conviction be liable to a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term of not less than one year and not more than three years or to both.".

9. Amendment of section 14

Section 14 of the principal Act is amended:-

(a) by substituting for subsection (1) the following subsection:-

"(1) The registration number assigned to a motor vehicle upon registration or a new registration number assigned under section 11 shall be displayed and illuminated on the number plate in the manner prescribed by rules under this Act.";

(b) by deleting subsection (2); and

(c) by substituting for subsection (4) the following subsection:-

"(4) If a registration number is not displayed in accordance with this section, the driver or person in charge of the vehicle while it is being used shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit.".

10. Amendment of section 16

Section 16 of the principal Act is amended by inserting after subsection (3) the following subsection:-

"(4) A Director may limit the validity period of a motor vehicle licence to a period not exceeding three months if he discovers that the applicant:-

(a) has been convicted three or more times of any scheduled offence; or

(b) has been compounded three or more times under section 120 for any scheduled offence.".

11. Amendment of section 17

Section 17 of the principal Act is amended:-

(a) in subsection (1):-

(i) in paragraph (b), by deleting the words "engine and"; and

(ii) by inserting after paragraph paragraph (b) the following:

"(bb) in the case of an application through electronic means, the relevant details in the registration certificate of the motor vehicle are duly submitted online;"; and

(b) in subsection (3), by inserting after the words "the Commercial Vehicles Licensing Board 1987" the words ", the Land Public Transport Act 2010".

12. Amendment of section 21

Section 21 of the principal act is amended by inserting after subsection (4) the following subsection:-

"(5) any person who drives a motor vehicle into Malaysia without a valid visitor’s licence shall be guilty of an offence.".

13. Amendment of section 22

Section 22 of the principal act is amended by inserting after subsection (7) the following subsection:

Amendment of section 23

14. Subsection 23(2) of the principal act is amended by substituting for the words "not exceeding two thousand ringgit" the words "of not less than one thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.".

15. New section 27A

The principal Act is amended by inserting after section 27 the following section:

"27A. Register of holders of driving licence

(1) Every Director shall keep and maintain a register of holders of driving licences granted under this Act.

(2) The register shall be in such form and contain such information, details and particulars as the Director General may direct.".

16. Amendment of section 34

Section 34 of the principal Act is amended:-

(a) by substituting for subsection (2) the following subsection:-

"(2) Where a court orders the particulars of any conviction or of any disqualification to which the convicted person has become subject to be endorsed:-

(a) in the case of the convicted person being at the particular time the holder of a driving licence, the endorsement shall be deemed to have been made if the particulars required to be endorsed in the driving licence have been entered into the database maintained by or on behalf of the Director General of the driving licences granted under this act and holders of such driving licences; and

(b) in the case of the convicted person not being then the holder of a driving licence, the Director General shall endorse the disqualification to obtain a driving licence under section 38.";

(b) by deleting subsections (3) and (4);

(c) in subsection (5), by deleting the words "and the surrender of any subsisting driving licence"; and

(d) by deleting subsections (6) and (7).

17. Amendment of section 35

Section 35 of the principal Act is amended:-

(a) by substituting for subsection (8) the following subsection:-

"(8) For the purpose of this section, a person shall be deemed to have committed an offence under this Act if he fails to settle the penalty prescribed for that offence within three months from the issuance of the notice under section 119."; and

(b) by inserting after subsection (8) the following subsection:

"(8A) Nothing in this section shall affect the liability of the person who is deemed to have committed an offence if the penalty prescribed for the offence has been settled within the period of three months from the issuance of the notice mentioned under subsection (8).".

18. Amendment of section 35A

Section 35A of the principal act is amended:-

(a) by substituting for subsection (6) the following subsection:-

"(6) For the purpose of this section, a person shall be deemed to have committed an offence under this Act if he fails to settle the penalty prescribed for that offence within three months from the issuance of the notice under section 119."; and

(b) by inserting after subsection (6) the following subsection:-

"(7) Nothing in this section shall affect the liability of the person who is deemed to have committed an offence if the penalty prescribed for the offence has been settled within the period of three months from the issuance of the notice mentioned under subsection (6).".

19. Amendment of section 36

Subsections 36(3) and (4) of the principal Act are amended respectively by inserting after the words "police officer" the words ", road transport officer".

20. Amendment of section 37

Section 37 of the principal Act is amended by deleting subsections (3), (4) and (5).

21. Amendment of section 38

The principal Act is amended by substituting for section 38 the following section:

"38. Endorsement of suspension, revocation or disqualification

(1) The Director General shall, upon suspending or revoking a driving licence or disqualifying any person from holding or obtaining a driving licence under this Act, order that the particulars relating to such suspension, revocation or disqualification be entered into the database maintained by or on behalf of the Director General.

(2) The Director General shall, upon the expiry of the period of suspension, revocation or disqualification, immediately remove the information on the suspension, revocation or disqualification from the database.

(3) Any person whose driving licence has been suspended or revoked or who has been disqualified from holding or obtaining a driving licence shall not, during the period of suspension or upon the revocation or disqualification, drive a motor vehicle on a road under any other driving licence issued by any authority or obtain a driving licence.

(4) Any person who drives a motor vehicle on a road in contravention of subsection (3) shall be guilty of an offence and shall on conviction be liable to a fine of not less than three thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding three years.".

22. Amendment of section 39

Section 39 of the principal Act is amended:-

(a) in subsection (1), by substituting for the word "sixteen" the word "seventeen";

(b) by deleting subsection (2); and

(c) in subsection (5), by substituting for the words "not exceeding two thousand" the words "of not less than one thousand ringgit and not more than five thousand".

23. Amendment of section 48

Section 48 of the principal Act is amended:-

(a) by numbering the existing provision as subsection (1);

(b) in subsection (1), by inserting after the word "offence" the words "and shall on conviction be liable to a fine of not less than one thousand ringgit and not more than five thousand ringgit or to imprisonment for a term of not less than one year or to both"; and

(c) by inserting after subsection (1) the following subsections:

"(2) if any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, a police officer, road transport officer or any appropriate authority may clamp the wheel of the motor vehicle or remove or cause to be removed the motor vehicle to any other road or some other location or place as may be stated in a notice and remain there at the risk of the owner.

(3) Where the wheel of a motor vehicle has been clamped under subsection (2), the relevant officer shall immediately give notice in writing to the owner of the vehicle informing him of the clamping of the wheel and requiring him or any person who may have a claim over the motor vehicle, within four hours from the time of the notice, to appear and request for the release of the vehicle, and if no claim is received within such period, the motor vehicle may be removed to an appropriate location.

(4) Where any motor vehicle is removed under subsection (2) or (3), the relevant officer shall within twenty-four hours, give notice in writing to the owner of the vehicle informing him of the removal and requiring him or any person who may have a claim over it, within a period of one month from the date of the notice, to appear and claim the vehicle.

(5) Upon receipt of a claim under subsection (3) or (4), the motor vehicle may be released upon payment of a fee for the clamping, removal and detention as may be prescribed by the Minister under this Act.

(6) If within twelve months from the date of removal the motor vehicle is not claimed, the motor vehicle shall be forfeited and the ownership of the motor vehicle shall be vested in the Director General.

(7) A police officer, road transport officer, any appropriate authority or any other person acting under his or its directions, as the case may be, shall not incur any liability in respect of any loss or damage caused to any motor vehicle or the fittings or contents thereof in the course of it being clamped or removed or while it is being detained, unless such damage was caused negligently or wilfully.

(8) For the purpose of this section, "appropriate authority" has the meaning assigned to it in section 67.".

24. Amendment of section 53

Section 53 of the principal Act is amended by inserting after subsection (1) the following subsection:-

"(1A) If a person who has been served a notice under subsection (1) refuses to accept or denies receipt of the notice, the notice shall be considered to have been served to that person on the date of service of the notice.".

25. New sections 53A, 53B and 53C

The principal Act is amended by inserting after section 53 the following sections:-

"53A. Notice of camera-recorded offences

(1) Notwithstanding anything contained in this Act, where a registered owner of a motor vehicle is alleged or is suspected to be guilty of a camera-recorded offence, a police officer or road transport officer shall in lieu of applying to the court for a summons, forthwith serve a notice upon the registered owner of the motor vehicle ordering him to appear before the nearest Magistrate court having jurisdiction to try the offence, at a time and date to be stated in such notice.

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

(3) The notice issued under subsection (1) shall contain the following particulars:

(a) the date, time and location of the offence;

(b) the offence committed;

(c) a recorded image of the vehicle’s registration number plate;

(d) a digital signature of the issuing authority; and

(e) an offer to compound or a request to appear in court.

(4) The Minister may make rules for giving full effect to this section and such rules may include rules:-

(a) to regulate the procedures relating to the implementation of this section;

(b) to prescribe the type of equipment and system to be used, and the repair, maintenance, calibration and testing of apparatus or equipment thereof; and

(c) to prescribe the types of signage and their locations.

53B. Duty to produce name and address of driver

(1) A registered owner of a motor vehicle who:-

(a) is served with a notice under section 53A in respect of a camera-recorded offence; and

(b) was not a driver of the vehicle to which the camera-recorded offence relates at the time the offence was committed,

shall, within thirty days after service of the notice, supported by letter to the authority issuing the notice, produce the name and address of the driver of the motor vehicle at the time the offence was committed.

(2) A registered owner of a motor vehicle who is served with a notice in respect of a camera-recorded offence shall be deemed to be not guilty if:-

(a) that registered owner complies with subsection (1) relating to the offence; and

(b) the authority issuing the notice is satisfied that the registered owner did not know and could not with reasonable diligence have ascertained the name and address of the person who was a driver of the vehicle at the time the offence was committed.

(3) Any registered owner of a motor vehicle who falsely nominates another person as a driver of the motor vehicle at the time the camera-recorded offence occurred, shall be guilty of an offence and shall on conviction be liable to a fine of not less than three thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

53C. Duty not to give, publish or disclose information on camera-recorded offence

(1) Any person who, for any reason, has by any means access to any information on camera-recorded offence shall not give, publish or otherwise disclose to any other person such information unless the disclosure is required or authorized:-

(a) under this Act or rules made under this act;

(b) under any other written law;

(c) by any court; or

(d) for the performance of his functions or the exercise of his powers under this act or rules made under this act.

(2) For the purpose of this section, "information on camera-recorded offence" means any recorded image, data, record, correspondence or any document whatsoever or material or information relating to a camera-recorded offence.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.".

26. Amendment of section 56

Section 56 of the principal act is amended:-

(a) by substituting for subsections (4) and (5) the following subsections:

"(4) a vocational licence may, at any time, be suspended or revoked by the Director if:-

(a) due to any disease or physical disability:-

(i) the holder of the vocational licence is incapable of holding; or

(ii) it is not suitable for the holder of the vocational licence to hold,

such licence; or

(b) the holder of the vocational licence has any outstanding matter or case with the Road Transport Department or the police relating to any contravention of this Act.

(5) if the Director suspends or revokes the vocational licence under paragraph (4)(vocational licence may appeal a), the holder of the to the Director General and based on the appeal, the Director General may, after investigation, if any, make any order as he deems fair and any such order shall bind the Director and appellant."; and

(b) by inserting after subsection (8) the following subsection:

"(9) Notwithstanding anything to the contrary in this section, a Director may limit the validity period of a vocational licence to a period not exceeding three months if he is satisfied that the holder of the vocational licence has any outstanding matter or case regarding any contravention this act.".

27. New section 58A

The principal Act is amended by inserting after section 58 of the following section:

"58A. Change of address

(1) Every registered owner of a motor vehicle or holder of a driving licence who changes his address in Malaysia shall, within one month of such change, serve on the Director a written notice of the change of address.

(2) If the registered owner of a motor vehicle or holder of a driving licence fails to serve the notice of a change of address within the period as required under subsection (1), he shall be deemed to have not informed the Director of the said change of address.

(3) A notice of the change of address under subsection (1) shall be deemed to have been served and received by the Director if:-

(a) served personally, by an acknowledgement of receipt of the notice;

(b) sent through prepaid registered post, by a written acknowledgement of receipt given under the Post Office Rules 1947 [MUG.N. 8436/1947]; and

(c) sent by facsimile, by an acknowledgement of receipt stating that the notice has been sent entirely to the receiver’s facsimile number.

(4) The Director shall, upon receipt of a notice under subsection (1), update the register of motor vehicles under section 8 and the register of driving licence holders under section 27A.

(5) Any person who contravenes subsection (1) or provides an incomplete or inaccurate address shall be guilty of an offence.".

28. Amendment of section 60

Subsection 60(1) of the principal Act is amended by substituting for the words "forty-eight hours" the words "five working days".

29. Amendment of section 62

Subsection 62(1) of the principal Act is amended by inserting after the word "station" the words "or any road transport officer authorized in writing by the Director General".

30. Amendment of section 63

Subsection 63(1) of the principal Act is amended by inserting after the word "offence" the words "and shall on conviction be liable to a fine of not less than two thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both".

31. Amendment of section 64

Section 64 of the principal Act is amended:-

(a) by substituting for subsection (4) the following subsection:

"(4) When any motor vehicle is detained under this section, the police officer or road transport officer detaining the same shall as soon as reasonably practicable, give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him and if within three months from the date of its detention the motor vehicle is not claimed by its owner, that officer shall refer the matter to a Magistrate, who shall make such order as he thinks fit in respect of the forfeiture or disposal of the motor vehicle and its load (if any)."; and

(b) by inserting after subsection (4) the following subsection:

"(5) if a motor vehicle detained has perishable loads and the storage of such loads pending final forfeiture or disposal order under subsection (4) involves unreasonable expense and inconvenience, the Director may direct that such loads be sold or disposed of at any time and the proceeds of sale held to abide by the result of any prosecution or claim under this section.".

32. Amendment of section 65

Section 65 of the principal Act is amended:-

(a) in subsections (1) and (3), by inserting after the word "officer," the words "a road transport officer," respectively;

(b) in subsection (4) by inserting after paragraph (a) the following paragraph:-

"(aa) a road transport officer, if the motor vehicle was caused to be removed by a road transport officer;"; and

(c) in subsection (5), by inserting after the words "officer," the words "a road transport officer,".

33. Amendment of section 66

Subsection 66(1) of the principal Act is amended by deleting paragraphs (f) and (m).

34. New Part IIB

The principal Act is amended by inserting after section 66G the following Part:-

"PART IIB

FOREIGN MOTOR VEHICLES

66H. Foreign motor vehicle entry permit

 (1) Any person who drives a foreign motor vehicle into Malaysia through any route, landing place, check point, or point of entry, other than an authorized point of entry, shall apply to the Director General for a foreign motor vehicle entry permit in such manner as the Director General may determine.

(2) Any person who drives a foreign motor vehicle through an authorized point of entry shall produce, upon demand by any road transport officer, any registration certificate, licence, permit or any other similar document issued in respect of such motor vehicle by the proper authority in the country in which it is registered.

(3) If the road transport officer is satisfied that the person who drives a foreign motor vehicle is only making a temporary stay in Malaysia, the officer may, upon payment by the driver of the foreign motor vehicle of a fee as the Director General may determine, grant a foreign motor vehicle entry permit in respect of that vehicle for such period as the Director General may determine.

(4) Upon issuing the foreign motor vehicle entry permit, the road tranport officer shall cause to be recorded:-

(a) the driver’s particulars such as name and driving licence number;

(b) the registration number of the foreign motor vehicle;

(c) the type of the foreign motor vehicle;

(d) the date, time and place of arrival of the foreign motor vehicle;

(e) the period of validity and other conditions of the foreign motor vehicle entry permit; and

(f) such other information as the Director General may determine.

(5) The Director shall keep and maintain records of motor vehicles and drivers in respect of which vehicle entry permits have been issued in such form as the Director General may direct.

(6) The Director General or a road traffic officer may refuse to grant a foreign motor vehicle entry permit or cancel a foreign motor vehicle entry permit already granted if:-

(a) the foreign motor vehicle contravenes or fails to comply with any provision of this Act or rules made under this Act; or

(b) the Director General or the road traffic officer has reason to believe that the foreign motor vehicle to which the application or permit relates has been or is intended to be used for any unlawful purpose.

(7) Any person who drives a foreign motor vehicle without an entry permit issued under this section shall be guilty of an offence.

66I. Exemption

The Minister may, by order published in the Gazette, exempt any motor vehicle or types or classes of motor vehicles from any of the provisions of section 66H, subject to such conditions as he deems fit.

66J. Outstanding matters relating to foreign motor vehicle

The Director General or any road transport officer may prohibit the entry or exit from Malaysia of any foreign motor vehicle where in respect that vehicle there is any outstanding matter relating to any contravention of or offence against this act or the Commercial Vehicles Licensing Board Act 1987 or the Land Public Transport Act 2010.

66K. Interpretation of sections 66H, 66I and 66J

For the purposes of sections 66H, 66I and 66J:-

"authorized point of entry" means a point of entry declared as an authorized point of entry under subsection 5(1) of the Immigration Act 1959/63 [Act 155];

"foreign driving licence" means a driving licence issued by the proper authority of a foreign country;

"foreign motor vehicle" means a motor vehicle which is registered by the proper authority of a foreign country.".

35. Amendment of section 69

Section 69 of the principal Act is amended:-

(a) by inserting after subsection (1) the following subsection:-

"(1A) Notwithstanding subsection (1), the Minister charged with the responsibility for works may, by order published in the Gazette, prescribe for any highways or any part thereof a speed limit which is lower, or with the concurrence of the Minister, higher than the national speed limit.";

(b) by renumbering the existing subsection (1A) as subsection (1B) and by inserting after the words "(1)" the words "or the speed limit prescribed in subsection (1A)";

(c) in subsection (2):-

(i) by inserting after the words "to a Federal road" the words ", including highways"; and

(ii) in the proviso to the subsection, by inserting after the word "limit" the words "or in relation to highways or part thereof, the speed limit prescribed under subsection (1A) for that highway or part thereof";

(d) by substituting for subsection (3) the following subsection:

"(3) The following persons shall erect and maintain in such positions in any place as shall give adequate notice of the speed limit prescribed under subsections (1) and (1A) and the prohibition under subsection (2), such traffic signs as shall be prescribed, indicating the nature of the prohibition:-

(a) in relation to a Federal road which is also a highway, the Director General of Highway authority or any person with proper authority from the Director General of Highway authority, who is a person authorized under the Federal Roads (Private Maintenance) Act 1984 [Act 306];

(b) in relation to a Federal road which is not a highway, the Director General of Public Works; and

(c) in relation to any other road within the area of any local authority, the relevant local authority."; and

(e) by inserting after subsection (3) the following subsection:-

"(4) In this section, "highway" means:-

(a) a federal road where the traffic for both directions is separated by median and where its intersections are connected to public roads by intersections without any direct connection to any private roads; or

(b) a federal road declared to be a highway by the Minister charged with the responsibility for Gazette, works by an order published in the which is a road where the traffic for both directions is separated by median and where its intersections are connected to public or private roads.".

36. Amendment of section 71

Section 71 of the principal Act is amended by inserting after subsection (2) the following subsection:-

"(3) This section shall not apply to any congestion pricing scheme or the subject matter of any order which may be made under section 13 of the Land Public Transport Act 2010.".

37. Amendment of section 88

Subsection 88(1) of the principal Act is amended by inserting after the proviso to that subsection the following further proviso:

"Provided further that no rules shall be made in respect of the matter specified in paragraphs operators of public service (e), (f) and (g) in relation to vehicles service, tourism vehicles services and goods vehicles service licensed under the Land Public Transport Act 2010.".

38. Amendment of section 108

Section 108 of the principal Act is amended:-

(a) in subsection (3), by substituting for the words "not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year" the words "of not less than five thousand ringgit and not more than twenty thousand ringgit or to imprisonment for a term of not less than one year and not more than five years"; and

(b) by deleting the proviso to subsection (3).

39. Amendment of section 109

Section 109 of the principal Act is amended by substituting for subsection (5) the following subsection:-

"(5) For the purposes of this section, "licence holder" means:-

(a) in respect of Peninsular Malaysia:-

(i) a person licensed as an operator of a public service vehicle service;

(ii) a person issued with a tourism vehicles licence; or

(iii) a person licensed as an operator of a goods vehicle service,

under the Land Public Transport Act 2010; and

(b) in respect of Sabah and Sarawak:-

(i) a person issued with a public service vehicle licence for stage buses, charter buses, express buses, mini buses, employees’ buses, feeder buses or school buses; or

(ii) a person issued with a goods vehicle licence for carrier’s licence ‘A’ or carrier’s licence ‘B’,

under the Commercial Vehicles Licensing Board Act 1987.".

40. Deletion of section 110A

The principal Act is amended by deleting section 110A.

41. Amendment of section 112

Section 112 of the principal Act is amended by inserting after the words "police officer" wherever appearing the words ", road transport officer".

42. New section 115A

The principal Act is amended by inserting after section 115 the following section:

"115A. Duty to give information and power to order appearance in court

(1) Notwithstanding section 115, if an owner of a motor vehicle is alleged to have committed or is suspected of committing an offence in relation to the driving of a motor vehicle, a police officer, a traffic warden or a road transport officer may, in lieu of applying to the court for a summons, forthwith serve upon that owner a notice in the prescribed form to his last-known address ordering him to give such information as to the identity and address of the person who was driving the said motor vehicle at or about the time of the alleged offence, and as to the licence held by that person.

(2) If an owner of a motor vehicle who is served with a notice as provided under subsection (1) fails to comply with the notice within fourteen days on which the information was required from, he shall be deemed to be the driver of the motor vehicle at or around the time the offence was committed and shall appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.

(3) Notwithstanding anything contained in any written law, any information given under this section by any person who is later charged with any offence in connection with the driving of a motor vehicle may be used as evidence at the hearing of the charge.".

43. Amendment of section 117

Section 117 of the principal Act is amended by inserting after subsection (10) the following subsection:-

"(11) In any proceedings in any court, any recorded image tendered by the prosecution for any offence under this act shall be admissible as evidence, and shall constitute prima facie proof of any fact stated therein.".

44. Amendment of section 118

Section 118 of the principal Act is amended:-

(a) by substituting for subsection (1) the following subsection:-

"(1) Any notice required to be given or served under this Act, may, unless some other form of service is prescribed, be served on the person affected thereby as follows:-

(a) by giving the original copy of the notice personally to such person;

(b) by affixing a copy of the notice on any conspicuous part of the house or any other place such person usually resides;

(c) by affixing a copy of the notice on any conspicuous part of such person’s motor vehicle; or

(d) by sending the notice through registered post."; and

(b) in paragraph (2)(c), by substituting for the words "last known business or private address of such individual or body of persons" the words "personal address kept in the Director’s register under sections 8 and and 27A";

(c) by deleting subsection (4).

45. New section 119B

The principal Act is amended by inserting after section 119A the following section:-

"119B. Power of Director to refuse or suspend dealing or transactions

(1) Notwithstanding paragraph 17(1)(d) and subsection 29(1A), the Director may refuse or suspend any dealing or transaction or outstanding part of it under this Act where there is any matter or case relating to any contravention of this Act or any contravention of the written law prescribed in the Third Schedule:

Provided that:-

(a) in the case of a motor vehicle licence, such outstanding matter or case in relation to a particular motor vehicle of a person shall not affect any other motor vehicle registered under his name; and

(b) in the case of a driving licence, such outstanding matter or case in relation to a particular class of driving licence of a person shall not affect his other class of driving licence.".

46. Amendment of section 120

Subsection 120(1) of the principal Act is amended by substituting for the words "three hundred" the words "one thousand".

47. Amendment of section 122

Subsections 122(1) and (2) of the principal Act are amended respectively by inserting after the words "public service vehicle," the words "tourism vehicle,".

48. Amendment of section 125

Section 125 of the principal Act is amended by substituting for the words "and the licensing of motor drivers" the words ", the licensing of motor vehicle drivers and the collecting of payments or charges".

49. New section 127A

The principal Act is amended by inserting after section 127 the following section:-

"127A. Power of the Minister to amend schedules

The Minister may, by order published in the Gazette, amend any of the schedules.".

50. New schedules

The principal Act is amended by inserting after section 129 the following schedules:

"FIRST SCHEDULE

[Section 2]

SCHEDULED OFFENCE

SECOND SCHEDULE

[Section 2]

CAMERA-RECORDED OFFENCE

(i) Driving vehicle other than buses in a bus lane

(ii) Driving above the prescribed speed limit

(iii) Failing to obey traffic light

THIRD SCHEDULE

[Section 119B]

(i) The Environmental Quality Act 1974 [Act 127] ".

51. Saving and transitional

(1) Where on the date of coming into operation of section 23 of this Act, any person under seventeen years of age had made an application for a driving licence for a motor cycle or an invalid carriage under section 27 or 29 of the principal Act, as the case may be, that application shall be continued and dealt with under the provisions of the principal Act as if the principal act had not been amended by this Act.

(2) Every order, which is an order made under section 69 of the principal Act, which prescribes the speed limit for Federal roads that, on the date of coming into operation of section 36 of this Act, includes highways shall be deemed to have been made under subsection 69(1B) of the principal Act as amended by this Act and shall continue to be in force and have effect until amended or cancelled under the principal Act.

(3) Any written appeal made under subsection 37(3) of the principal Act concerning the suspension or revocation of a driving licence before the date of coming into operation of this Act shall be dealt with under the provisions of subsections 37(3), (4) and (5) of the principal Act as if those subsections had not been amended by this Act.

(4) Any motor vehicle and its load (if any) detained under section 64 of the principal Act before the date of coming into operation of this Act shall be sold or disposed of in accordance with subsection 64(4) of the principal Act as if that subsection had not been amended by this Act.

(5) Nothing in the principal Act or this act shall affect the liability of any person charged or punished for any offence under the principal Act before the date of coming into operation of this Act or any proceedings brought or any punishment executed before that day relating to that offence.

EXPLANATORY STATEMENT

This Bill seeks to amend the Road Transport Act 1987 ("Act 333").

2. Clause 1 contains the short title and provision on the commencement of the proposed Act.

3. Clause 2 seeks to amend section 2 of Act 333 by introducing the definitions of "recorded image", "scheduled offence", "camera-recorded offence", "vocational licence" and "Suruhanjaya Pengangkutan Awam Darat". This clause also seeks to amend the definitions of "roads", "goods vehicle" and "public service vehicle".

4. Clause 3 seeks to introduce new sections 4A and 4B into Act 333. The proposed section 4A seeks to allow a police officer or road transport officer to exercise their powers in respect of offences under Act 333 on any road including roads maintained by private persons or bodies whilst section 4B seeks to empower the Minister to appoint officers of Suruhanjaya Pengangkutan Awam Darat to exercise the powers of a road transport officer for the purpose of Act 333.

5. Clause 4 seeks to amend section 5 of Act 333 to increase the unladen weight for invalid carriages from 250 kilogrammes to 3000 kilogrammes.

6. Clause 5 seeks to amend section 7 of Act 333 in consequence of the coming into operation the land Public Transport Act 2010 and to increase the penalty from not exceeding two thousand ringgit to not less than two thousand ringgit and not more than ten thousand ringgit.

7. Clause 6 seeks to amend section 10 of Act 333 to enable all types of vehicles, including vehicles without engine numbers be registered under Act 333.

8. Clause 7 seeks to amend section 11 of Act 333 to enable the registration number of any motor vehicle which has been reported to be lost or stolen, broken up, destroyed, or sent permanently out of Malaysia to be re-assigned.

9. Clause 8 seeks to introduce a new section 13A into Act 333. The proposed subsection 13A(1) seeks to make it clear that only the Director General shall assign a registration number plate to any vehicle registered under Act 333. The proposed subsection 13A manufactures, produces, distributes, (3) further provides that any person who sells or affixes a registration number plate shall be guilty of an offence and on conviction be liable to a fine of not less than twenty thousand ringgit and not more than fifty thousand ringgit or to imprisonment for a term of not less than one year and not more than three years or to both.

10. Clause 9 seeks to amend section 14 of Act 333 to require the registration number to be displayed on a motor vehicle in the manner prescribed in the rules and to increase the maximum penalty for breach.

11. Clause 10 seeks to amend section 16 of Act 333 to limit the validity period of a motor vehicle licence if the applicant has been convicted three times or more with any scheduled offence or has paid the compound under section 120 three times or more for any scheduled offence.

12. Clause 11 seeks to amend section 17 of Act 333. The proposed amendment seeks to introduce new paragraph (bb) to enable the application for registration of motor vehicles and the renewal of licences to be made through electronic means.

13. Clause 12 seeks to amend section 21 of Act 333 to prevent the entry of foreign motor vehicle without a valid visitor’s licence into Malaysia.

14. Clause 13 seeks to introduce subsection 22(8) into Act 333. The proposed subsection 22(8) provides that any person who contravenes section 22 shall be guilty of an offence and shall on conviction be liable to a fine of not less than three thousand ringgit and not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

15. Clause 14 seeks to amend subsection 23(2) to increase the penalty for breach of subsection 23(1) from not exceeding two thousand ringgit to not less than one thousand ringgit and not more than ten thousand ringgit.

16. Clause 15 seeks to introduce a new section 27A into Act 333. Under the proposed new section 27A, every director is obligated to keep and maintain a register of holders of driving licences registered under Act 333.

17. Clause 16 seeks to amend subsection 34(2) of Act 333. The proposed subsection 34(2) seeks to require the court to give notice to the Director informing him of the conviction of any driving licence holder to enable the Director to endorse the information in the database.

18. Clauses 17 and 18 seek to respectively amend sections 35 and 35A of Act 333 regarding the failure of a person to settle the prescribed penalty for any offence committed by him within three months from the issuance of the notice under section 119.

19. Clause 19 seeks to amend subsection 36(3) of Act 333 to empower road transport officers to conduct preliminary urine tests and to detain driving licences of drivers tested positive for drugs.

20. Clause 20 seeks to delete subsections 37(3), (4) and (5) of Act 333 to shorten the period in which action is to be taken against a person who has been awarded maximum number of demerit points for the purpose of suspension or revocation of his driving licence.

21. Clause 21 seeks to amend section 38 of Act 333 to require the particulars relating to the suspension, revocation or disqualification of a person from holding or obtaining a driving licence to be entered into the database.

22. Clause 22 seeks to amend section 39 of Act 333. Subclause (a) seeks to increase the age qualification for the purpose of a driving licence application. Subclause (b) seeks to delete subsection (2) whilst subclause (c) seeks to increase the penalty for breach of this section from not exceeding two thousand ringgit to not less than one thousand and not more than five thousand ringgit.

23. Clause 23 seeks to amend section 48 of Act 333. Subclause (a) seeks to renumber the existing provision as subsection (1). Subclause (b) seeks to prescribe the penalty for causing danger, obstruction or undue inconvenience to other users of the road. Under the proposed amendment the offender will be penalized to a fine of not less than one thousand ringgit and not more than five thousand ringgit or to imprisonment for a term of not less than one year or to both.

Subclause (c) seeks to introduce new subsections (2), (3), (4), (5), (6), (7) and (8) to empower the police officer, road transport officer or any appropriate authority to clamp the wheel of any motor vehicle that obstructs a road or to remove or to cause to be removed such motor vehicle.

24. Clause 24 seeks to introduce a new subsection 53(1A) into Act 333. Under the proposed amendment if a person who has been served a notice under subsection 53(1) refuses to accept or denies receipt of the notice, the notice shall be considered to have been served on that person on the date of service of notice.

25. Clause 25 seeks to introduce new sections 53A, 53B and 53C into Act 333. The proposed section 53A deals with the serving of notice of camera-recorded offences to a registered owner who has been alleged to have committed a camera-recorded offence. The proposed section 53B imposes a duty on the registered owner to produce information on the name and address of the driver of the motor vehicle if he was not the driver of the motor vehicle during the commission of the offence. in addition, the proposed section 53C prohibits any person who, for any reason, has by any means access to any information on camera-recorded from giving, publishing or otherwise disclosing such information to any other person.

26. Clause 26 seeks to amend section 56 of Act 333. Subclause (a) seeks to empower the Director to suspend or revoke a vocational licence whilst subclause (b) seeks to empower the Director to limit the validity period of a vocational licence.

27. Clause 27 seeks to introduce a new section 58A into Act 333. The proposed section imposes a responsibility on the owner of a motor vehicle or holder of a driving licence to inform the Director of any change of address and to make an offence for failure to do so.

28. Clause 28 seeks to amend section 60 of Act 333 to prescribe a longer period of detention of motor vehicles from forty-eight hours to five working days.

29. Clause 29 seeks to amend subsection 62(1) of Act 333 to empower road transport officers to enter and search premises.

30. Clause 30 seeks to amend subsection 63(1) of Act 333 to create penalty for an offence under that subsection.

31. Clause 31 seeks to amend section 64 of Act 333 clarify further the procedure on forfeiting and disposing of a motor vehicle as well as its perishable loads.

32. Clause 32 seeks to amend section 65 of Act 333 to empower road transport officers to remove motor vehicles that have broken down and are abandoned to avoid them from obstructing any road.

33. Clause 33 seeks to delete paragraphs 66(1)(f) and (m) as the power to regulate matters specified under that subparagraphs will be vested in the Suruhanjaya Pengangkutan Awam Darat pursuant to the Suruhanjaya Pengangkutan Awam Darat Act 2010.

34. Clause 34 seeks to introduce a new Part iib which consists of sections 66H, 66I, 66I and 66K into Act 333. The proposed new Part seeks to empower the Director General, Directors and road transport officers to enforce the provisions of Act 333 on foreign motor vehicles. This proposed new Part also empowers the Director General and road transport officers to take action against foreign motor vehicles where there are outstanding matters relating to any contravention of or offence against Act 333, the Commercial Vehicles Licensing Board Act 1987 or the Land Public Transport Act 2010.

35. Clause 35 seeks to amend section 69 of Act 333. The proposed amendment mainly seeks to empower the Minister charged with the responsibility for works, by order published in the Gazette, to prescribe for any highways or any part thereof a speed limit which is lower, or with concurrence of the Minister, higher than the national speed limit. Subclause (d) imposes a responsibility on the appropriate authorities to erect and maintain traffic signs of the speed limit of all roads within their jurisdiction. in addition, subclause (e) seeks to introduce a new definition of "highway".

36. Clause 36 seeks to introduce a new subsection 71(3) into Act 333. The proposed new subsection excludes the application of section 71 of Act 333 to areas where congestion pricing scheme applies or subject matter of any order made under section 13 of the Land Public Transport Act 2010.

37. Clause 37 seeks to introduce a further proviso to subsection 88(1) of Act 333. The proposed proviso seeks to exclude the power of the Minister to make rules in respect of the matters specified in paragraphs (e), (f) and (g) in relation to public service vehicles service operators and tourism vehicles and goods vehicles service operators licenced under the Land Public Transport Act 2010 as the power to regulate such matters will be vested with the Suruhanjaya Pengangkutan Awam Darat pursuant to the Suruhanjaya Pengangkutan Awam Darat Act 2010.

38. Clause 38 seeks to amend subsection 108(3) of Act 333 by increasing the penalty rate from not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both to not less than five thousand ringgit and not more than twenty thousand ringgit or to imprisonment for a term of not less than one year and not more than five years or to both.

39. Clause 39 seeks to amend subsection 109(5) of Act 333 to be in line with the provisions of the Land Public Transport Act 2010.

40. Clause 40 seeks to delete section 110A of Act 333.

41. Clause 41 seeks to amend section 112 of Act 333 to empower a road transport officer to arrest, stop and detain any person who commits an offence under Act 333.

42. Clause 42 seeks to introduce a new section 115A into Act 333 to empower a road transport officer to require information as to the identity and address of the person driving the motor vehicle at the time of an alleged offence. This clause also empowers a road transport officer to order the appearance of a person in court.

43. Clause 43 seeks to insert a new subsection 117(11) into Act 333 in order to enable recorded images to be admissible in court.

44. Clause 44 seeks to amend section 118 of Act 333 to empower the Minister to prescribe the method of service of notices issued under Act 333.

45. Clause 45 seeks to introduce a new section 119B into Act 333 to empower the Director General to refuse or suspend any dealing or transactions under Act 333 where there is an outstanding matter or case relating to the contravention of Act 333 or the prescribed written laws.

46. Clause 46 seeks to amend section 120 of Act 333 to increase the rate of compound that may be imposed from three hundred ringgit to one thousand ringgit.

47. Clause 47 seeks to amend subsections 122(1) and (2) of Act 333 to require the court to inform the Director regarding the conviction of a person who has been or has acted as the driver or conductor or owner of a tourism vehicle.

48. Clause 48 seeks to amend section 125 of Act 333 to enable the Minister to authorize any person to carry out the functions of the Director in respect of collection of payments or charges.

49. Clause 49 seeks to introduce a new section 127A into Act 333 to empower the Minister to amend any schedule to Act 333.

50. Clause 50 seeks to introduce the First, Second and Third Schedules into Act 333. These Schedules seek to prescribe a list of scheduled offences and camera-recorded offences.

51. Clause 51 contains saving and transitional provisions.

FINANCIAL IMPLICATIONS

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