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Amendment Act

Road Transport (Amendment) Act 2012

Amends the Road Transport Act 1987

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Road Transport (Amendment)

Act 2012.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Amendment of section 2

The Road Transport Act 1987 [Act 333], which is referred to as the “principal Act” in this Act, is amended in section 2—

(a)

by inserting after the definition of “driving licence” the following definition:

‘ “electric bicycle” means cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of

Act A1440 0.25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h or sooner if the cyclist stops pedalling;’;

(b)

in the English language text in the definition of “electronic motor vehicle”, by substituting for the word “electronic”

the word “electric”; and

(c)

in the definition of “traffic”, by inserting after the words

“bicycles,” the words “electric bicycles,”.

s 3Amendment of section 5

Subsection 5(1) of the principal Act is amended—

(a)

in paragraph (a), by inserting after the words “three thousand” the words “five hundred”;

(b)

in paragraph (e), by substituting for the words “exceeds three thousand” the words “does not exceed three thousand five hundred”; and

(c)

in paragraph (f), by inserting after the words “three thousand” the words “five hundred”.

s 4Amendment of section 14

Subsection 14(4) of the principal Act is amended by inserting after the words “be liable to a fine” the words “of not less than three hundred ringgit and”.

s 5Amendment of section 15

Subsection 15(4) of the principal Act is amended by substituting for the words “not exceeding” the words “of not less than three hundred ringgit and not more than”.

s 6Amendment of section 17

Subsection 17(1) of the principal Act is amended by inserting after paragraph (bb) the following paragraph:

“(bc) in relation to a class or category of motor vehicles required to undergo periodic inspection under Part IIa, the inspection certificate issued under section 66c is produced;”.

Road Transport (Amendment)

s 7Amendment of section 26

Subsection 26(2) of the principal Act is amended by substituting for the words “not exceeding one thousand” the words “of not less than three hundred ringgit and not more than two thousand”.

s 8Amendment of section 35

Subsection 35(8) of the principal Act is amended by substituting for the words “section 119” the words “section 53, 53a, 115a or 119, as the case may be, unless criminal proceedings have been instituted for that offence”.

s 9Amendment of section 35a

Subsection 35a(6) of the principal Act is amended by substituting for the words “section 119” the words “section 53, 53a, 115a or 119, as the case may be, unless criminal proceedings have been instituted for that offence”.

s 10Amendment of section 40

Subsection 40(1) of the principal Act is amended by substituting for the words “not exceeding one thousand” the words “of not less than three hundred ringgit and not more than two thousand”.

s 11Amendment of section 53a

Section 53a of the principal Act is amended—

(a)

in subsection (1), by substituting for the word “forthwith”

the words “as soon as reasonably practicable”; and

(b)

by substituting for subsection (3) the following subsection:

“(3)  The notice issued under subsection (1) shall—

(a)

contain the following particulars:

(i)

the date, time and location of the offence;

(ii)

the offence committed;

(iii)

a recorded image of the motor vehicle’s registration number plate;

(iv)

a recorded image of the motor vehicle;

and

(v)

an offer to compound or a request to appear in court; and

(b)

be digitally signed by the issuing authority.”.

s 12Amendment of section 54

Section 54 of the principal Act is amended—

(a)

in the shoulder note, by inserting after the word “pedal”

the words “and electric bicycle”; and

(b)

in subsection (1), by inserting after the word “bicycles”

the words “, electric bicycles”.

s 13Amendment of section 56

Section 56 of the principal Act is amended—

(a)

by inserting after subsection (2) the following subsection:

“(2a)  A vocational licence issued under this Part shall be valid for the period specified in the vocational licence unless it is sooner revoked under subsection (4)

or (4a).”;

(b)

in paragraph (4)(a), by inserting after the words “any disease” the words “, conduct as may be prescribed”;

and

(c)

by inserting after subsection (4) the following subsection:

“(4a)  Without prejudice to subsection (4), a vocational licence issued under this Part shall—

(a)

be suspended if the driving licence issued under section 27 is suspended under section 32, 35 or 36;

Road Transport (Amendment)

(b)

be revoked if the driving licence issued under section 27 is revoked under section 35.”.

s 14Amendment of section 59

Subsection 59(9) of the principal Act is amended by substituting for the words “not exceeding two thousand” the words “of not less than three hundred ringgit and not more than two thousand”.

s 15Amendment of section 66a

Subsection 66a(2) of the principal Act is amended by substituting for the words “not exceeding five thousand” the words “of not less than three hundred ringgit and not more than five thousand”.

s 16New section 76a

The principal Act is amended by inserting after section 76

the following section:

“Authorized left turns 76a.  (1)  Notwithstanding a red signal or other traffic sign indicating a place where traffic must stop at any traffic junction, any person driving a motor vehicle on a road may turn left at the traffic junction in accordance with any traffic sign authorizing such left turn that has been lawfully sited on such road after stopping before the marked stop line on the road to ascertain that it is safe to do so.

(2)

For the purpose of subsection (1), the Minister may, after consultation with the Minister charged with the responsibility for works, make rules relating to the movement of motor vehicles and pedestrians and the erection of traffic signs at such authorized left turn traffic junctions.

(3)

An appropriate authority may, with the approval of the

Minister charged with the responsibility for works in relation to a Federal road and designated Federal Territory road, and in any case after consultation with the Chief Police Officer, establish such traffic signs as it considers appropriate, and shall execute any works (including the placing, erection and maintenance of traffic signs) required in connection with such authorized left turn traffic junctions.

(4)

Any person who contravenes this section or any rules made under this section in relation to an authorized left turn shall be guilty of an offence and shall on conviction be liable to a fine of not less than three hundred ringgit and not more than two thousand ringgit.”.

s 17Amendment of section 79

Section 79 of the principal Act is amended—

(a)

in the English language text in the shoulder note, by substituting for the word “neglet” the word “neglect”;

(b)

in subsection (1)—

(i)

by inserting after the words “police officer in uniform” the words “, a road transport officer in uniform”;

(ii)

by inserting after the words “by such police officer”

the words “, road transport officer”; and

(iii)

by substituting for the words “not exceeding five hundred” the words “of not less than three hundred ringgit and not more than two thousand”; and

(c)

in subsection (2)—

(i)

by inserting after the words “subsection (1)” the words “and section 76a”; and

(ii)

by substituting for the words “not exceeding five hundred” the words “of not less than three hundred ringgit and not more than two thousand”.

s 18Amendment of section 88

Subsection 88(1) of the principal Act is amended—

(a)

in paragraph (d), by inserting after the words “bicycles,”

the words “electric bicycles,”; and

Road Transport (Amendment)

(b)

in paragraph (p), by inserting after the words “pedal bicycles,” the words “electric bicycles,”.

s 19Amendment of section 112

Subsection 112(3) of the principal Act is amended by inserting after the word “bicycle” the words “, electric bicycle”.

s 20Amendment of section 115a

Subsection 115a(1) of the principal Act is amended by substituting for the word “forthwith” the words “as soon as reasonably practicable”.

s 21Amendment of section 118

Section 118 of the principal Act is amended in the shoulder note by deleting the words “and signature”.

s 22Amendment of Second Schedule

The Second Schedule to the principal Act is amended by substituting for paragraph (iii) the following paragraph:

“(iii) Subject to section 76a, failing to obey a red signal at the traffic sign”.

KUALA LUMPUR