Section 126 — ROAD TRANSPORT ACT 1987

(2)

The Minister may make rules for the purposes of subsection (1), and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:

(a)

to prescribe the charges, fees or levy which shall be paid to any person authorized or licensed under subsection (1)

in respect of services provided;

(b)

to prescribe the qualifications of persons to be employed by the person authorized or licensed under subsection (1)

and to regulate their competency;

(c)

to prescribe the type of records to be kept by the person authorized or licensed under subsection (1);

(d)

to prescribe the type of returns to be submitted by the person authorized or licensed under subsection (1) to the

Director General at certain intervals; and

(e)

to regulate the inspection by the Director General of the premises of the person authorized or licensed under subsection (1) and the records kept thereat.

(3)

The Minister may, by order published in the Gazette, authorize a person authorized or licensed under subsection (1) to demand, collect and retain charges, fees or levy prescribed under subsection (2) in respect of the services provided by him.

(4)

An order made under subsection (3) shall specify—

(a)

the type of services in respect of which charges, fees or levy may be demanded, collected and retained;

(b)

the person authorized to demand, collect and retain the charges, fees or levy; and

(c)

the duration of the authorization to demand, collect and retain the charges, fees or levy.

Road Transport 185

(5)

Any person authorized under subsection (3) shall—

(a)

maintain such accounts, books and records in respect of the payment and collection of charges, fees or levy as the

Director General may require;

(b)

furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Director General may require;

and

(c)

permit the Director General or any officer authorized in writing by the Director General to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment or collection of charges, fees or levy.

(6)

The authorization of any person under subsection (3) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the person authorized or licensed to carry out his obligations under the Act in respect of which charges, fees or levy are demanded, collected and retained.

(7)

If a person authorized or licensed under subsection (1)

contravenes or fails to comply with any condition of the authorization or licence or any of the provisions of this section or rules made thereunder for which no penalty is expressly provided the person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(8)

Notwithstanding that any person has been authorized or granted a licence under this section to undertake any function of a road transport officer, the Minister may give directions to the Director

General or a Director to exercise any of such functions.

186 Laws of Malaysia ACT 333

Revocation