MALAYSIAN INSTITUTE OF ROAD SAFETY RESEARCH ACT 2012

Malaysian Institute of Road Safety Research laws OF MALAYSIA Act 748 Malaysian Institute of Road Safety Research act 2012 1 2 Laws of Malaysia Date of Royal Assent Act 748 ... ... 18 June 2012 Date of publication in the Gazette ... ... ... 22 June 2012 Publisher’s Copyright C percetakan nasional malaysia berhad All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysian Institute of Road Safety Research laws of malaysia Act 748 Malaysian Institute of Road Safety Research act 2012 ARRANGEMENT OF Sections Part I PRELIMINARY Section 1. 2. Short title and commencement Application 3. Interpretation Part II THE INSTITUTE 4. Malaysian Institute of Road Safety Research 6. Functions of Institute 8. Additional power of Institute 5. Common seal 7. Powers of Institute 9. Commercialization of research findings Part III BOARD OF DIRECTORS OF INSTITUTE 10. Board of Directors 12. Representative of renamed organization 11. 13. 14. 15. 16. 17. Membership of Board Deputy Chairman and Secretary Functions of Board Powers of Board Tenure of office Revocation of appointment and resignation 3 4 Laws of Malaysia Act 748 Section 18. Vacation of office 20. Delegation of functions 19. Temporary exercise of functions of Chairman 21. Committees 22. Allowances 24. Validity of acts and proceedings 23. Power of Minister to give directions Part IV DIRECTOR GENERAL, DEPUTY DIRECTOR GENERALS, OFFICERS AND SERVANTS OF INSTITUTE 25. Appointment of Director General 27. Power to delegate 26. 28. Appointment of Deputy Director Generals Appointment of officers, servants, etc. 29. Conditions of service, discipline and surcharge 30. 31. Loans and advances Payment of retirement benefits, etc. Part V FINANCE 32. 33. Establishment of Fund Expenditure to be charged to Fund 34. Conservation of Fund 35. Expenditure and preparation of estimates 37. Power to borrow 36. Bank accounts 38. Investment 39. Financial procedure 41. Accounts and annual reports 40. Financial year Malaysian Institute of Road Safety Research Part VI ASSIGNED OFFICERS Section 42. Appointment of assigned officers 44. Examination of physical entity 43. Access and disclosure of data 45. Collection of samples, etc. Part VII SUPPLEMENTAL 46. Property rights to research findings, etc. 48. Retention of data 47. 49. 50. 51. 52. 53. 54. 55. 56. Access to research findings and facilities Symbol, design or representation of Institute Public servant Public Authorities Protection Act 1948 Protection of members of Board from personal liability Protection against suits and legal proceedings Representation in civil proceedings Obligation of secrecy Service of notices or other documents 57. Institution of prosecution 58. Adoption of regulations, etc. 60. Things done in anticipation of the enactment of this Act 59. Power to make regulations Schedule 5 6 Laws of Malaysia Act 748 7 Malaysian Institute of Road Safety Research laws of malaysia Act 748 Malaysian Institute of Road Safety Research act 2012 An Act to establish the Malaysian Institute of Road Safety Research and for matters connected therewith. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Institute of Road Safety Research Act 2012. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Application 2. This Act shall apply to all persons including the Federal Government and the State Governments. 8 Laws of Malaysia Act 748 Interpretation 3. In this Act, unless the context otherwise requires— “data” means any recorded information or document connected with or relevant to road safety, regardless of form, that covers primary data, secondary data, raw data or aggregated data, including accident data, reports, road accident sketches, injury data and traffic volume; “document” has the meaning assigned to it in section 3 of the Evidence Act 1950 [Act 56]; “physical entity” means any equipment, device, article, item or thing that is designed, constructed, manufactured, distributed, sold or represented for use on roads or that generally relates to land transportation or that is connected with or relevant to road safety, and includes motor vehicles, road furniture and traffic signs; “property” means all movable or immovable property, including intellectual property and all interests, rights and liabilities, whether equitable or legal, in such property, and includes choses-in-action, investments, money and goodwill; “Institute” means the Malaysian Institute of Road Safety Research or MIROS; “driving institution” means a driving school or driving institute which is issued with a permit under the Motor Vehicles (Driving Schools) Rules 1992 [P.U. (A) 60/1992]; “Director General” means the Director General of the Institute appointed under subsection 25(1); “Fund” means the Malaysian Institute of Road Safety Research Fund established under section 32; “Board” means the Board of Directors of the Malaysian Institute of Road Safety Research established under section 10; “Minister” means the Minister responsible for transport; Malaysian Institute of Road Safety Research 9 “assigned officer” means an officer appointed under section 42; “Chairman” means the Chairman of the Board appointed under subsection 11(2); “sample” means any amount, part or quantity taken from a physical entity to be a representative sample; “Deputy Director General” means the Deputy Director General of the Institute appointed under section 26. Part II THE INSTITUTE Malaysian Institute of Road Safety Research 4. (1) A body corporate by the name of the “Malaysian Institute of Road Safety Research” or “MIROS” is established. (2) The Institute shall have perpetual succession and may sue and be sued in its corporate name. (3) Subject to and for the purposes of this Act, the Institute may upon such terms as it deems fit— (a) enter into contracts; and (b) in respect of movable and immovable property and interest in movable and immovable property of every description— (i) acquire, purchase and interest; and take such property and (ii) hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with such property and interest vested in the Institute. 10 Laws of Malaysia Act 748 Common seal 5. (1) The Institute shall have a common seal and the seal may from time to time be altered and made anew as the Institute thinks fit. (2) Until a seal is provided by the Institute, a stamp bearing the words “Malaysian Institute of Road Safety Research” may be used and shall be deemed to be the common seal of the Institute. (3) The common seal shall be kept in the custody of the Director General or any other person authorized by the Institute in writing, and shall be authenticated by either the Director General or such other person as may be authorized by the Director General in writing. (4) All deeds, documents and other instruments purported to be sealed with the common seal and duly authenticated shall, until the contrary is proved, be deemed to have been validly executed. (5) Any deed, document and other instrument which, if executed by a person not being a body corporate and is not required to be under seal may in the like manner be executed by an officer of the Institute authorized in that behalf. (6) The common seal of the Institute shall be officially and judicially noticed. Functions of Institute 6. The functions of the Institute shall be— (a) to conduct comprehensive research on road safety, and to provide general directions for activities in respect of road safety research; (b) to assist in the development of national objectives, policies and priorities for the orderly development and administration of road safety; Malaysian Institute of Road Safety Research 11 (c) to enhance and increase knowledge based on new developments regarding issues related to road safety; (d) to raise the level of public awareness on road safety; (e) to propose practical solutions with optimal effectiveness on road safety issues; (f) to collect, analyze and manage data in relation to road safety; (g) to develop, promote the use of, value add and commercialize research findings on road safety; (h) to collect, collate and disseminate information relating to research findings on road safety by way of publishing or sponsoring the publication of periodicals, journals, books and any other means available, and to provide consultation and advice on road safety issues; (i) to plan and evaluate road safety programmes, and to conduct related training; (j) to review standards and learning outcomes of the curriculum for courses of instruction provided by driving institutions and audit the benchmark in respect of the delivery system of driving institutions; (k) to review testing methods carried out by vehicle inspection organizations; (l) to be a member of, be affiliated with or to maintain liaison with, other organizations, both public and private, local and foreign, having similar functions or activities as those of the Institute; and (m) to co-operate with any person, association or organization, both local and foreign, with a view to furthering the effective performance of the Institute. Powers of Institute 7. (1) The Institute shall have the power to do all things necessary or expedient for or in connection with the performance of its functions. 12 Laws of Malaysia Act 748 (2) Without prejudice to the generality of subsection (1), the powers of the Institute shall include the power— (a) to impose fees or charges in relation to any activity or services rendered by the Institute or usage of the facilities of the Institute, and to collect and receive moneys in respect thereof; (b) to acquire rights in connection with any research findings on road safety owned by any person or organization; (c) to hold, dispose of or grant rights in connection with any research findings on road safety conducted by or for the Institute, or rights in such research findings that are vested in the Institute; and (d) to assign any person or body to conduct research and development activities relating to road safety on behalf of the Institute. Additional power of Institute 8. Without prejudice to section 9, the Institute may, with the approval of the Minister and the concurrence of the Minister of Finance establish companies under the Companies Act 1965 [Act 125] for purposes of carrying out or engaging in any activity which has been planned or undertaken by the Institute in connection with the discharge of its functions and powers. Commercialization of research findings 9. The Institute may enter into any arrangement to make available any research findings vested in the Institute to any person or body on such terms, conditions and the payment of such fees, royalties or other consideration, if any, as the Board may, with the approval of the Minister, determine for the purpose of its commercialization. Malaysian Institute of Road Safety Research 13 Part III BOARD OF DIRECTORS OF INSTITUTE Board of Directors 10. A board of directors to be known as the “Board of Directors of the Malaysian Institute of Road Safety Research” is established. Membership of Board 11. (1) The Board shall consist of the following members: (a) a Chairman; (b) the Director General; (c) the Inspector General of Police or his representative; (d) the Director General of the Road Transport Department or his representative; (e) the Director General of the Road Safety Department or his representative; (f) a representative from t