Malaysia legislation

Section 88

of *ROAD TRANSPORT ACT 1987

Section 88

Rules

(a)

for regulating the number and nature of brakes, including skid pans and locking chains in the case of vehicles drawn by horses or cattle, of any class or description of vehicles when used on roads and for securing that such brakes shall be efficient and kept in proper working order and for empowering persons authorized under the rules to test and inspect any such brakes, whether on a road or elsewhere;

(b)

to prohibit the use on roads or on any particular class of roads or on any particular road of any wheels, tracks or tyres of a kind likely to cause damage to such roads;

(c)

to prohibit any class or description of vehicles, or any pedestrians to be on or to travel along any part of any road;

(d)

for prescribing the appliances to be fitted to micromobility vehicles (not being motor vehicles) for signalling their presence when used on roads, and for securing that the riders of such vehicles shall by means of such appliances give sufficient warning of their presence;

(e)

for prescribing the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried on roads;

(f)

for prescribing the manner in which vehicles used on roads shall be loaded and the precautions to be taken for ensuring the safety of the public in connection therewith;

(g)

for prescribing the conditions subject to which, and the times at which, goods may be loaded onto or unloaded from vehicles or vehicles of any particular class or description on roads;

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(h)

for prescribing rules as to the precedence to be observed as between traffic proceeding in the same direction, or in opposite directions, or when crossing;

(i)

for prescribing the conditions subject to which, and the times at which, animals may be led or driven on roads;

(j)

for prohibiting or prescribing the conditions subject to which vehicles, or vehicles of any particular class or description, may remain stationary or left unattended on any road, any particular class of roads or on any particular road;

(k)

for prohibiting animals from being on or being left unattended or not under due control on roads or any particular class of roads or on any particular road;

(l)

for restricting the use of vehicles, animals and persons on public roads for the purpose of advertisement of such a nature, or in such a manner, as to be likely to be a source of danger or to cause obstruction to traffic;

(m)

for restricting and regulating the use on roads of vehicles engaged in the erection, placing, removal, alteration or repair of lamps, overhead cables and road or street works;

(n)

for restricting or prohibiting the washing of vehicles and animals on roads;

(o)

for prescribing the lights and reflectors to be carried on vehicles, or on vehicles of any particular class or description when such vehicles are being used on roads, and prescribing the nature of such lights and reflectors, the position in which, and the colour of the background on which, they shall be fixed and the period during which any lights so carried shall be lit;

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(p)

for prescribing the number of persons who may be carried upon micromobility vehicles on roads and the manner in which they may be carried;

(q)

for prescribing the size, colour and type of traffic signs to be placed on or near roads;

(r)

for requiring drivers and persons in charge of motor vehicles and vehicles to drive and use such vehicles, and persons using roads to use such roads, in accordance with rules made under this Part, and to comply with all directions given to them by any police officer, road transport officer or traffic warden for the time being engaged in the regulation of traffic;

(s)

to require persons driving or being carried on motorcycles to wear protective helmets, and to specify the class or description of such motorcycles; to prescribe such protective helmets with reference to shape, construction, labelling, marking or any other quality, and to prohibit the sale, offer for sale, letting on hire, offer to let on hire or supply of helmets when they are not so prescribed:

Provided that no rules shall be made in respect of the matter specified in paragraphs (b), (c), (e), (i), (j), (k), (m), (n) and (q)

without the consultation of the Minister charged with the responsibility for works.

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

(2)

The Minister charged with the responsibility for works in relation to a Federal road, may make rules to prohibit any person from using a road in such a manner as to be likely to affect its cleanliness.

(3)

Rules under this section may provide for the revocation of any rules or by-laws dealing with the same subject matter as the rules and

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for suspending, whilst the rules remain in force, any power of making any such rules or by-laws.

(4)

Rules under this section may exempt or may confer upon any officer or authority, including any local authority, power to exempt from the provision of any rule made under this section any person or class or description of persons or any vehicles or class or description of vehicles.

PART IIIA

MOTOR VEHICLE ROAD CHARGE

Interpretation

Section 88 — ROAD TRANSPORT ACT 1987 | mylaw.my