COMMERCIAL VEHICLES LICENSING BOARD ACT 1987

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 334 COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 As at 15 October 2023 This text is ONLY AN UPDATED TEXT of the Commercial Vehicles Licensing Board Act 1987 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT 2 COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 Date of Royal Assent … … … ... 30 August 1987 Date of publication in the Gazette … … … ... 24 September 1987 Latest amendment made by Act A1686 which came into operation on … … … ... 15 October 2023 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 334 COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 1A. Application 2. Interpretation PART II COMMERCIAL VEHICLES LICENSING BOARDS 3. Establishment of commercial vehicles licensing boards 4. (Deleted) 5. Membership of the Commercial Vehicles Licensing Board Sabah 6. Membership of the Commercial Vehicles Licensing Board Sarawak 7. Temporary exercise of functions of Chairman 8. Committees 8A. Appointment of Board Officer 9. Provisions relating to members of the Board and committee 10. Procedure of the Board and Minister’s general directives 4 Laws of Malaysia ACT 334 Section 11. Delegation by the Board 12. Annual reports 13. Information to be given to the Board PART III CLASSIFICATION AND LICENSING OF COMMERCIAL VEHICLES 14. Classes and categories of commercial vehicles PART IV GENERAL PROVISIONS AS TO LICENCES 15. Application for licence 16. Powers of the Board 17. Duration of licences 18. Short term licences 19. Conditions which may be attached to licence 20. Statutory conditions of licence 20A. Application for approval to participate in business or agreement 21. Application for renewal of licence 21A. Documents required for renewal of licence 22. Application for variation 23. Temporary change of use of a public service vehicle 24. Temporary use of ‘C’ vehicle as ‘A’ vehicle 25. Power to revoke or suspend licence 25A. Prohibition in relation to suspended licence 25B. Power of the Board to replace licence 26. Protection of public interest Commercial Vehicles Licensing Board PART IVA LICENSING OF INTERMEDIATION BUSINESS Section 26A. Licensing of intermediation business 26B. Renewal of licence 26C. Application for variation 26D. Revocation or suspension of the intermediation business licence 26E. Transfer of licence prohibited 26F. Duty of the holder of an intermediation business licence to keep records, etc. 26G. Duty of the holder of an intermediation business licence to inform Board PART IVB INTERNATIONAL CIRCULATION OF COMMERCIAL VEHICLES 26H. Permit, licence, etc., under international agreement PART V APPEALS 27. Appeal to the Minister 28. Minister’s power to appoint appeal committee 29. Order on appeal to be binding 30. Instances where there is no right of appeal 31. Validity of licence extended in successful appeal 32. Prohibition of similar application when earlier application still pending appeal 5 6 Laws of Malaysia ACT 334 PART VI OFFENCES AND PENALTIES Section 33. Prohibition of use of unlicensed public service vehicle 34. Prohibition of use of unlicensed goods vehicle 35. Use of goods vehicle for carriage of passengers to be licensed 36. Other transport interests to be disclosed by applicant 37. Information requested by the Board from licence holder or intermediation business licence holder 38. Alteration of authorised vehicle 39. Transfer of licence prohibited 40. Records and returns 41. Abetment of offences 42. False statements 43. Liability of registered owner and others 43A. Offences by body corporate 44. Powers of the police in investigation 44A. Powers of road transport officers in investigation 44B. Power of Board Officer to investigate, etc. 44C. Power to seize document, etc. 45. Who may prosecute 45A. Power to order appearance in court 46. Provisions as to evidence 47. Presumptions 48. Service and signature of notification or document 48A. General offences and penalties 49. Power to compound 50. Officers not in uniform to produce identification cards Commercial Vehicles Licensing Board PART VII MISCELLANEOUS Section 51. Seizure 51A. Detention of vehicles 51B. Determination of vehicle’s weight 52. Reservation of licences or intermediation business licences 53. Limitation on number of specified classes of vehicles 54. Classification and numbering of bus routes 55. Avoidance of contracts 56. Rules 57. Repeal, transitional and saving 58. Power of Minister to make additional provisions, etc. 7 9 LAWS OF MALAYSIA Act 334 COMMERCIAL VEHICLES LICENSING BOARD ACT 1987 An Act to provide for the licensing and regulating of commercial vehicles and for matters connected therewith. [1 January 1988, P.U. (B) 585/1987] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Commercial Vehicles Licensing Board Act 1987. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Application 1A. (1) This Act shall apply only to Sabah, Sarawak and the Federal Territory of Labuan 10 Laws of Malaysia ACT 334 (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. Interpretation 2. In this Act, unless the context otherwise requires— “airport taxi cab” means a motor vehicle having a seating capacity of not more than seven persons used exclusively for the carriage of persons to and from the airport in consideration of a payment and operated from a fixed base or in an authorized area; “authorized vehicle”, in relation to any licence issued under this Act, means a vehicle specified in such licence and authorized to be used thereunder; “bankruptcy” includes insolvency as a result of which a wage earner’s administration order has been made under the laws relating to bankruptcy; “base”— (a) 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 (b) 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 8 A; “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— (a) equipment ordinarily used with the vehicle; (b) 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 (c) 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— (a) any motor vehicle constructed or adapted for use for the carriage of goods; or (b) 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 f