Section 2

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

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;

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“Board Officer” means an officer appointed under section 8A;

“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*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]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.

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“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—

equipment ordinarily used with the vehicle;

articles of merchandise carried by a person on or in the vehicle solely for the purpose of exhibition as samples;

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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—

any motor vehicle constructed or adapted for use for the carriage of goods; or

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

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from a fixed base or in an authorized area in consideration of a single payment;

“local authority” shall have the same meaning as that assigned to it under the Local Government Act 1976 [Act 171];

“Malay” shall have the same meaning as assigned to it in Article 160

of the Federal Constitution;

“maximum permissible laden weight” means such weight as the

Director General may specify as a suitable laden weight for an authorized vehicle;

“mini bus” means a bus having a seating capacity of not more than twenty-six persons (including the driver) used for the carriage of passengers at separate fares;

“Minister” means the Minister charged with the responsibility for matters relating to the licensing of commercial vehicles in Sabah,

Sarawak and the Federal Territory of Labuan;

“motor vehicle” means a vehicle of any description, propelled by means of a mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;

“native” shall have the same meaning as assigned to it in

Article 161A of the Federal Constitution;

“owner”,—

in relation to a motor vehicle registered or deemed to be registered under the Road Transport Act 1987, means the registered owner of such vehicle; and

in relation to any other motor vehicle, means the person in possession of or using or having the use of the motor vehicle;

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“passenger”—

in relation to a person carried on a public service vehicle, does not include the driver or conductor or any ticket inspector in pursuance of his duties; and

in relation to persons carried on a goods vehicle, does not include the driver or any attendant required by law to be carried on the vehicle;

“police officer” includes an extra police officer, a volunteer reserve police officer and an auxiliary police officer;

“public service vehicle” means a motor vehicle used for carrying passengers for hire or reward or for any other valuable consideration;

“p-hailing vehicle” means a motor vehicle used for the carriage of goods on any journey in consideration of a charge for each of the goods, in which the arrangement, booking or transaction, and the charge for such journey are facilitated through an electronic mobile application provided by an intermediation business;

“registered owner” means the person registered as the owner of a motor vehicle under the Road Transport Act 1987;

“road” shall have the same meaning as assigned to it in section 2 of the Road Transport Act 1987;

“Road Transport Department” means the Department administered by the Director General;

“road transport officer” means any person appointed to be a road transport officer under section 3 of the Road Transport Act 1987;

“school bus” means a bus used exclusively for the conveyance of pupils or staff of schools or other educational institutions;

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“stage bus” means a bus plying along a road approved by the Board for the carriage of passengers on a service which contains fare stages, with a separate fare, time-table and schedule of fare for each fare stage;

“taxi cab” means a motor vehicle having a seating capacity of not more than six persons (including the driver) used for carrying persons on any journey in consideration of a single fare;

“this Act” includes any subsidiary legislation made under this Act;

“trailer” shall have the same meaning as assigned to it in section 2 of the Road Transport Act 1987;

“unladen weight” means the weight of a vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to or ordinarily used with the vehicle when working on a road but exclusive of loose tools;

“use” means use on any road;

“vehicle” means a motorized 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.