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Amendment Act · As enacted

Commercial Vehicle Licensing Board (Amendment) Act 2023

Amends the Commercial Vehicles Licensing Board Act 1987

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Commercial Vehicles

Licensing Board (Amendment) Act 2023.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

s 2Amendment of section 2

The Commercial Vehicles Licensing Board Act 1987

[Act 334], which is referred to as the “principal Act” in this Act, is amended in section 2—

(a)

by inserting after the definition of “public service vehicle”

the following definition:

‘ “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

COMMERCIAL VEHICLE LICENSING BOARD

(AMENDMENT) ACT 2023

arrangement, booking or transaction, and the charge for such journey are facilitated through an electronic mobile application provided by an intermediation business;’; and

(b)

in the definition of “intermediation business”, by inserting after the words “e-hailing vehicle”

the words “or a p-hailing vehicle”.

s 3Amendment of section 14

Section 14 of the principal Act is amended by inserting after subsection (6) the following subsection:

“(7) For the purpose of this Act, a p-hailing vehicle shall be a goods vehicle and subject to an intermediation business licence issued under Part IVa.”.

s 4Amendment of section 21a

Subparagraph 21a(1)(b)(i) of the principal Act is amended by inserting after the word “passengers” the words “or total volume of goods”.

s 5New Part IVb

The principal Act is amended by inserting after Part IVa the following part:

“Part IVb

INTERNATIONAL CIRCULATION OF COMMERCIAL VEHICLES

Permit, licence, etc., under international agreement 26h. (1) For the purpose of giving effect to any international agreement in relation to the facilitation of the international circulation of any commercial vehicles, the Minister may make such rules as may be expedient or necessary for carrying out this Part.

Commercial Vehicle Licensing Board (Amendment)

(2)

Without prejudice to the generality of subsection (1), rules may be made for the following purposes:

(a)

to recognize the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily into Malaysia by persons residing abroad and intending to make only a temporary stay in Malaysia, including loading and unloading of goods or passengers and transit;

(b)

to regulate the permits, licences, passes, certificates or other official documents for any commercial vehicles brought temporarily abroad by persons residing in Malaysia and intending to make only a temporary stay abroad, including loading and unloading of goods or passengers and transit;

(c)

to regulate the use, operation and technical requirements of the commercial vehicles referred to in subparagraphs (a) and (b), including—

(i)

the extent, hours, frequency and routes or areas to be used or serviced;

(ii)

the type and form of documents to be carried and information to be displayed on each commercial vehicles; and

(iii)

the accounts, documents and records in connection with this section to be kept and produced on demand for inspection and verification; and

(d)

to prescribe the fees or charges payable in connection with this section and the manner of payment thereof.”.

s 6Amendment of section 34

Subsection 34(2) of the principal Act is amended—

(a)

in paragraph (f), by deleting the word “and”;

(b)

in subparagraph (g)(v), by substituting for the full stop the words “; and”; and

(c)

by inserting after paragraph (g) the following paragraph:

“(h) to a p-hailing vehicle.”.

s 7Transitional

Any person who was operating or providing any service relating to an intermediation business in respect of goods vehicle service before the date of coming into operation of this Act, shall make an application for a licence in accordance with Part IVa of the principal Act within one year from the date of coming into operation of this Act.