TOURISM VEHICLES LICENSING ACT 1999

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 594 TOURISM VEHICLES LICENSING ACT 1999 As at 1 December 2011 2 TOURISM VEHICLES LICENSING ACT 1999 Date of Royal Assent ... ... ... ... ... 30 June 1999 Date of publication in the Gazette … … … 8 July 1999 Latest amendment made by Act A1374 which came into operation on … … … … 31 January 2011 … PREVIOUS REPRINT First Reprint Second Reprint ... ... ... ... ... ... ... ... ... ... 2001 2006 3 LAWS OF MALAYSIA Act 594 TOURISM VEHICLES LICENSING ACT 1999 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation 3. Delegation of powers of Commissioner PART II LICENSING OF TOURISM VEHICLES 4. Tourism vehicles to be licensed 5. Application for licence 6. Grant or refusal of licence 7. Revocation or suspension of licence 8. Duration of licences 9. Short term licences 10. Conditions which may be attached to licence 11. Statutory conditions of licence 12. Application for renewal of licence 13. Application for variation 14. Protection of public interest 4 Laws of Malaysia ACT 594 PART III APPEALS Section 15. Appeal to the Minister 16. Validity of licence extended in successful appeal 17. Prohibition of similar application when earlier application still pending appeal 18. Surrender of licence PART IV OFFENCES AND PENALTIES 19. Prohibition of use of unlicensed tourism vehicle 20. Offence in relation to suspended licence 21. Other transport interests to be disclosed by applicant 22. Information requested by the Commissioner from the holder of a licence 23. Alteration of authorized vehicle 24. Transfer of licence prohibited 25. Records and returns 26. False statements 27. Liability of registered owner and others 28. Powers of the police in investigation 29. Powers of road transport officers in investigation 30. Institution of prosecution 31. Jurisdiction to try offences 32. Provisions as to evidence 33. Presumptions 34. Service of notification or document 35. Power to compound 36. Officers not in uniform to produce identification cards Tourism Vehicles Licensing PART V MISCELLANEOUS Section 37. Seizure 38. Avoidance of contracts 39. Regulations 40. Transitional and saving 41. Power of Minister to make additional provisions, etc. 5 7 LAWS OF MALAYSIA Act 594 TOURISM VEHICLES LICENSING ACT 1999 An Act to provide for the licensing and regulation of tourism vehicles and for matters connected therewith. [22 June 2000, P.U. (B) 198/2000] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Tourism Vehicles Licensing Act 1999. * (2) This Act shall apply to Sabah, Sarawak and the Federal Territory of Labuan. (3) This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “authorized officer” means an officer appointed under section 40 of the Tourism Industry Act 1992 [Act 482]; * NOTE—This Act ceased to apply to Peninsular Malaysia since 31 January 2011 as a consequence of the enactment of the Suruhanjaya Pengangkutan Awam Darat Act 2010 [Act 714] and the Land Public Transport Act 2010 [Act 715]—see section 4 of the Tourism Vehicles Licensing (Amendment) Act 2010 [Act A1374]. 8 Laws of Malaysia ACT 594 “authorized vehicle”, in relation to a licence issued under this Act, means a vehicle specified in the licence and authorized to be used under that licence; “Chief Police Officer” has the meaning assigned to it in the Police Act 1967 [Act 344] and 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; “Commissioner” means the Commissioner of Tourism appointed under section 4 of the Tourism Industry Act 1992; “company” has the meaning assigned to it in the Companies Act 1965 [Act 125]; “Director General” means the Director General for Road Transport appointed under section 3 of the Road Transport Act 1987 [Act 333] and includes a Deputy Director General, a Director and a Deputy Director; “driver” means the person for the time being driving a motor vehicle; “excursion bus” means a bus used exclusively for the conveyance of tourists and in consideration of payment which has no fare stages; “hire and drive car” means a motor vehicle let on hire for the purpose of being driven by the hirer or his nominee whether a tourist or not, and used exclusively for the conveyance of a tourist or tourists; “licence” means a licence issued under this Act and includes a short term licence issued under section 9; “Minister” means the Minister charged with the responsibility for tourism; “motor vehicle” means a vehicle of any description, propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads and includes a motor home on tow; Tourism Vehicles Licensing 9 “owner”, in relation to a motor vehicle registered or deemed to be registered under the Road Transport Act 1987, means the registered owner of the vehicle; “police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police Act 1967; “registered owner” means the person registered as the owner of a motor vehicle under the Road Transport Act 1987; “road transport officer” means any person appointed to be a road transport officer under section 3 of the Road Transport Act 1987; “Secretary General” means the Secretary General of the Ministry charged with the responsibility for tourism; “tourism enterprise” has the meaning assigned to it in the Tourism Industry Act 1992; “tourism vehicle” means an excursion bus or a hire and drive car; “tourism vehicle business” means the business of operating or letting out for hire a tourist vehicle; “tourist” has the meaning assigned to it in the Tourism Industry Act 1992; “vehicle” means a motorised 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. Delegation of powers of Commissioner 3. (1) The Commissioner may, in writing, delegate the exercise of any of the powers and functions conferred upon him by this Act to any public officer as he deems fit. (2) Where any power or function is delegated to any public officer under subsection (1), any reference to the “Commissioner” in this Act shall include a reference to that public officer. 10 Laws of Malaysia ACT 594 PART II LICENSING OF TOURISM VEHICLES Tourism vehicles to be licensed 4. (1) No person shall carry on or hold himself out as carrying on tourism vehicle business except a company which is licensed under the Tourism Industry Act 1992 and which holds a valid licence granted under this Part. (2) Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and in the case of a continuing offence shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day during which the offence continues to be committed. Application for licence 5. (1) An application for a licence shall be made in writing to the Commissioner in such form as may be prescribed. (2) Every application under subsection (1) shall be accompanied by such documents or information as may be prescribed and the Commissioner may, orally or in writing at any time after receiving the application and before it is determined, require the applicant to provide such additional documents or information as may be considered necessary by the Commissioner for the purposes of determining the suitability of the applicant for the licence. (3) Where any additional document or information required under subsection (2) is not provided by the applicant within the time specified in the requirement or any extension of time granted by the Commissioner, the application shall be deemed to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant. Grant or refusal of licence 6. (1) Upon receiving an application under subsection 5(1), the Commissioner shall consider the application and may, where he is Tourism Vehicles Licensing 11 satisfied of the suitability of the applicant and upon payment of the prescribed fee— (a) grant the application in full or in part; (b) grant a licence of a different class or of a different passenger capacity to be carried from that specified in the application; or (c) refuse the application. (2) A person may be the holder of two or more licences, whether of the same class or of different classes. Revocation or suspension of licence 7. (1) The Commissioner may revoke or suspend any licence if he is satisfied that— (a) 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; (b) the grant of the licence was induced by a false representation of fact by or on behalf of the holder; (c) the tourism 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; or (d) the tourism enterprise which carries on or operates the tourism vehicle business has ceased to carry on or operate any tourism business upon the revocation or suspension or failure to renew its licence for tourism enterprise under the Tourism Industry Act 1992. (2) Regardless of subsection (1), the Commissioner shall not revoke or suspend the licence on the ground of the breach mentioned in paragraph (a) or (c) unless he is satisfied, after giving the holder of the licence an opportunity of making any representation in writing he may wish to make, that the licence should be revoked or suspended owing to the frequency of the breach, or to the breach having been 12 Laws of Malaysia ACT 594 committed wilfully, or to the danger to the public involved in the breach. (3) For the purposes of subsection (1), a breach of any of the conditions mentioned in section 11 shall be deemed to be a breach which constitutes danger to the public. (4) 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. Duration of licences 8. (1) A licence shall, unless sooner revoked, be valid for a period not exceeding three years. (2) When a licence is granted, the Commissioner 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. (3) Where on the date of the expiration of the licence, other than a short term licence granted under section 9, proceedings are still pending before the Commissioner on an application by the holder of the licence for the renewal of such licence under section 12, such licence shall remain in force until the application is disposed of but without prejudice to the exercise in the meantime of the powers of suspension or revocation conferred by this Act. Short term licences 9. (1) Where an application has been made for a licence under this Act, the Commissioner may, if for administrative reasons or on the ground of the urgency of the matter he thinks it desirable so to do pending the determination of the application, grant to the applicant a short term licence for such period and subject to such conditions as he thinks fit. (2) A short term licence shall cease to have effect from the date on which the Commissioner gives his decision on the application and in no case shall have effect for more than six months. Tourism Vehicles Licensing 13 Conditions which may be attached to licence 10.