Amendment Act · As enacted
Road Transport (Amendment) Act 2016
Feedback & supportAmends the Road Transport Act 1987Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Road Transport (Amendment)
Act 2016.
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—
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
in the national language text, by substituting for the full stop a semicolon; 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].’.
s 3Amendment of section 3
Section 3 of the principal Act is amended—
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.”.
s 4Amendment of section 3a
Section 3a of the principal Act is amended—
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 subsection (4)—
by substituting for the full stop a semicolon; and
by inserting after the definition of “Mayor of a
City Council” the following definition:
‘ “Municipal Council” means a Municipal
Council for a local authority area that has been declared and determined in accordance with paragraph 3(d) of the Local Government
Act 1976, paragraph 6(1)(cc) of the
Local Government Ordinance 1961 and paragraph 3(1)(e) of the Local Authorities
Ordinance 1996.’.
s 5Substitution of section 4
The principal Act is amended by substituting for section 4
the following section:
“Powers and duties of Dato Bandar, the Perbadanan
s 4Putrajaya, President of Municipal Council, etc.
The powers and duties of the Dato Bandar, the Perbadanan
Putrajaya, President of a Municipal Council, the Chairman of a Municipal Council and traffic wardens under this Act shall not be exercised outside or in respect of offences committed outside the Federal Territory of Kuala Lumpur, the Federal Territory of Putrajaya or outside the jurisdiction of the Municipal Council, respectively.”.
s 6Amendment of section 17
Subsection 17(1) of the principal Act is amended by renumbering paragraphs (bb) and (bc) as paragraphs (ba) and (bb) respectively.
s 7Amendment of section 35
Section 35 of the principal Act is amended—
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).
s 8Amendment of section 35a
Section 35a of the principal Act is amended—
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).
s 9Substitution of section 37
The principal Act is amended by substituting for section 37
the following section:
Upon the suspension or revocation of a driving licence under section 35 or upon the revocation of a probationary driving licence under section 35a, the Director General shall give the person concerned a notice in writing notifying that person of the suspension or revocation, as the case may be, and shall require that person to surrender the driving licence within twenty-one days from the date of service of such notice.
At the end of the period of suspension under subsection 35(1), a driving licence surrendered to the Director General under subsection (1) shall be returned to the holder and the points awarded against him, if any, shall be cancelled.
Notwithstanding this section, when a person’s driving licence is suspended or revoked under section 35 or 35a, the Director General may refuse or suspend any dealing or transaction applicable to that person under this Act.”.
s 10Amendment of section 52
Section 52 of the principal Act is amended by deleting the words “or traffic warden” wherever appearing.
s 11Amendment of section 53a
Subsection 53a(1) of the principal Act is amended in the
English language text, by substituting for the word “shall” the word “may”.
KUALA LUMPUR
s 12Amendment of section 65
Section 65 of the principal Act is amended—
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;”.
s 13Amendment of section 120
Subsection 120(1) of the principal Act is amended—
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;”.
s 14Amendment of section 123
Section 123 of the principal Act is amended in subsection (1), 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”.