Road Transport (Amendment) Act 2016

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

by inserting after the definition of “certificate of insurance”

the following definition:

‘ “Chairman of a Municipal Council” means the

Chairman of a Municipal Council referred to in section 2 of the Local Government Ordinance 1961

[Sabah No. 11 of 1991] and subsection 2(1) of the

Local Authorities Ordinance 1996 [Sarawak Cap. 20]

and includes the Deputy Chairman of the Municipal

Council;’;

in the definition of “traffic warden”—

by substituting for the words “or the Perbadanan

Putrajaya” the words “, the Perbadanan Putrajaya, the

President of a Municipal Council or the Chairman of a Municipal Council”; and

by inserting after the definition of “President” the following definition:

‘ “President of a Municipal Council” means the

President as defined in section 2 of the Local Government

Act 1976 [Act 171].’.

Amendment of section 3

in the national language text, in subsection (4), by substituting for the word “beberapa” the words “sekian bilangan”; and

by inserting after subsection (4a) the following subsection:

“(4b)  The President of a Municipal Council or the

Chairman of a Municipal Council may appoint such number of persons in the service of the Municipal

Council as he considers necessary or expedient for the purposes of this Act to be traffic wardens and may, after consultation with the Inspector General of

Police, prescribe uniforms for such officers.”.

Amendment of section 3a

by substituting for the shoulder note the following shoulder note:

“Authorization to Mayor, President of a Municipal

Council, Chairman of a Municipal Council, officers of City Council or Municipal Council, etc.”;

Road Transport (Amendment)

by inserting after subsection (3) the following subsections:

“(3a)  The Minister may, by order published in the Gazette, upon application being made by the

President of a Municipal Council or the Chairman of a Municipal Council, authorize the President of the

Municipal Council, the Chairman of the Municipal

Council and the officers or persons in the service of the Municipal Council to exercise the powers conferred and to perform the duties imposed by this Act on the

President of the Municipal Council, the Chairman of the Municipal Council or traffic warden, as the case may be.

An order made under subsection (3a) may limit the powers to be conferred on and the duties to be performed by the President of a Municipal Council, the Chairman of a Municipal Council and the officers or persons in the service of the Municipal Council.

Upon authorization being made under subsection (3a), the President of a Municipal Council, the Chairman of a Municipal Council and the officers or persons in the service of the Municipal Council may exercise the powers conferred and perform the duties imposed by this Act on the President of a Municipal

Council, the Chairman of a Municipal Council or traffic warden, as the case may be.”; and

in subsections (1) and (4), by substituting for the word

“shall” the word “may”;

in subsection (2), by inserting after the words “this Act”

the words “or a person who has been compounded under this Act and has paid the compound”; and

by deleting subsections (8) and (8a).

Amendment of section 35a

in subsection (1), by substituting for the word “shall” the word “may”;

Road Transport (Amendment)

in subsection (2), by inserting after the word “thereunder”

the words “or a person who has been compounded under this Act and has paid the compound”; and

by deleting subsections (6) and (7).

in subsections (1), (3), (5), (6) and (7), by inserting after the words “the Perbadanan Putrajaya” wherever appearing the words “, the President of a Municipal Council, the

Chairman of a Municipal Council”; and

in subsection (4), by inserting after paragraph (c) the following paragraph:

“(ca) the President of a Municipal Council or the

Chairman of a Municipal Council, if the motor vehicle was caused to be removed by a traffic warden or any officer in the service of the

Municipal Council;”.

Amendment of section 120

by renumbering paragraph (cc) as paragraph (ca); and

by inserting after the renumbered paragraph (ca) the following paragraph:

“(cb) the President of a Municipal Council or the

Chairman of a Municipal Council or the officers of the Municipal Council specially authorized in writing by name or by office in that behalf by the President of a Municipal Council or the

Chairman of a Municipal Council;”.