Commercial Vehicles Licensing Board (Amendment) Act 2017

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.

Amendment of section 2

by inserting after the definition of “express bus” the following definition:

‘ “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;’;

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

“section 18” the words “except an intermediation business licence issued under Part IVa”;

by inserting after the definition of “hire car” the following definition:

‘ “intermediation business licence” means a licence issued under Part IVa;’ and

by inserting before the definition of “intermediation business licence” the following definition:

‘ “intermediation business” means the business of facilitating arrangements, bookings or transactions of an e-hailing vehicle whether for any valuable consideration or money’s worth or otherwise;’.

by inserting after the words “holder of a licence” the words “or holder of an intermediation business licence”;

and

by inserting after the word “licence” wherever appearing the words “or intermediation business licence”.

An application for an intermediation business licence under this section shall be made to the Board in the form and manner as determined by the Board and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Board.

The applicant shall provide to the Board complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

Subject to this Act, the Board may, on an application for an intermediation business licence under this section—

Every intermediation business licence issued under this section shall set out the duration of the licence and the Board may attach to the intermediation business licence conditions that include—

The Board may, at any time, add, cancel or vary any of the conditions attached to an intermediation business licence issued under this section.

The issuance of an intermediation business licence by the Board under subsection (4) shall not impose any liability on the Board for any loss or damage occasioned by any act, omission or default of the holder of an intermediation business licence.

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Commercial Vehicles Licensing Board (Amendment)

A holder of an intermediation business licence who fails to comply with any of the conditions attached to the licence under subsection (5) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Renewal of licence 26b.  (1)  Subject to subsections (2) and (3), the Board may, on an application by the holder of an intermediation business licence, renew the intermediation business licence on such conditions as the Board thinks fit or refuse the application.

An application for the renewal of an intermediation business licence under subsection (1) shall be made at least ninety days before the date of expiry of the intermediation business licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the

Board.

If the holder of an intermediation business licence fails to comply with subsection (2) and offers no reason which the

Board thinks reasonable, the Board may refuse to proceed with, hear or determine such application.

Where no application for renewal of an intermediation business licence has been submitted, the holder of an intermediation business licence shall, within fourteen days from the date of expiry of the intermediation business licence, return the intermediation business licence to the Board.

Application for variation 26c. On an application by a holder of an intermediation business licence for a variation of the intermediation business licence or the conditions of the intermediation business licence, the Board shall have full power in its discretion—

Where an intermediation business licence—

A holder of an intermediation business licence who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Notwithstanding paragraph 26d(1)(c), the Board may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the holder of an intermediation business licence or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such holder of an intermediation business licence or, where for any reason the Board is satisfied that it would be unjust not to do so, authorize the transfer of such intermediation business licence.

Duty of the holder of an intermediation business licence to keep records, etc.

in the national language text, by inserting after the word “lesen” wherever appearing the words “atau lesen perniagaan pengantaraan”; and

in the English language text—

by inserting after the words “a licence” wherever appearing the words “or an intermediation business licence”; and

by renumbering the existing section as subsection (1);

and

by inserting after the renumbered subsection (1) the following subsection:

“(2)  For the purpose of this Act, subsection (1) shall not apply to an e-hailing vehicle.”.

Amendment of section 36

by inserting after the words “section 15” the words “and subsection 26a(1)”;

by inserting after the word “licence” wherever appearing the words “or an intermediation business licence”; and

in paragraph (a), by substituting for the words “any other licence” the words “any other licence or intermediation business licence”.

Amendment of section 37

in the shoulder note, by inserting after the words “licence holder” the words “or intermediation business licence holder”; and

in subsection (1)—

by inserting after the word “licence” the words

“or intermediation business licence”;

Commercial Vehicles Licensing Board (Amendment)

by substituting for the words “in his business” the words “in the business of the holder of a licence or the holder of an intermediation business licence”;

in the national language text, by inserting after the words “jika pemegang lesen” the words “atau pemegang lesen perniagaan pengantaraan”;

in the national language text, by inserting after the words “jika pemegang lesen” the words “atau pemegang lesen perniagaan pengantaraan”; and

in the English language text, by inserting after the words “in the case of the holder”

the words “of a licence or the holder of an intermediation business licence”; and

in subsection (1)—

in the national language text, by inserting after the word “lesen” wherever appearing the words

“atau lesen perniagaan pengantaraan”; and

in paragraph (a), by inserting after the word

“licence” wherever appearing the words

“or intermediation business licence”; and

in paragraph (b), by inserting after the word

“licence” wherever appearing the words

“or an intermediation business licence”;

in subsection (3)—

in paragraph (a), by inserting after the word

“licence” the words “or intermediation business licence”;

by inserting after the words “any licence”

the words “or intermediation business licence”; and

by inserting after the words “a licence”

the words “or an intermediation business licence”;

in the proviso, by inserting after the word “licence”

wherever appearing the words “or intermediation business licence”; and

in subsection (4), by inserting after the word “licence”

wherever appearing the words “or intermediation business licence”.

may be charged severally or jointly in the same proceedings with the body corporate; and

if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

that the offence was committed without his knowledge, consent or connivance; and

If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—

in the national language text, by inserting after the word

“lesen” the words “atau lesen perniagaan pengantaraan”;

and

in the English language text, by substituting for the word “license” the words “licence or an intermediation business licence”.

Amendment of section 46

in subsection (1)—

by inserting after the words “a licence” the words

“or an intermediation business licence”; and

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

the words “or an intermediation business licence”.

Amendment of section 47

, (e), (f) and (h), by inserting after the word “licence” the words “or an intermediation business licence” respectively.

Amendment of section 52

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

the words “or intermediation business licences”;

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

wherever appearing the words “or intermediation business licences”;

in subsection (2)—

by inserting after the word “licence” the words

“or an intermediation business licence”; and

in subsection (3)—

by inserting after the word “licence” wherever appearing the words “or intermediation business licence”; and

in paragraphs (b), (c) and (e), by inserting after the word

“licences” wherever appearing the words “or intermediation business licences”;

in paragraph (g), by inserting after the word “licence”

the words “or an intermediation business licence”;

in paragraph (h), by inserting after the words “licence holders” the words “or intermediation business licence holders”;

in paragraph (k), by substituting for the comma at the end of the paragraph a semicolon; and

by inserting after paragraph (k) the following paragraphs:

“(l) regulating any arrangement or agreement between a holder of a licence that is a company, a partnership or a firm and the driver of a public service vehicle;

regulating any arrangement or agreement regarding advertisement on an authorized vehicle,”.

Any action, investigation or proceedings commenced or pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this

Act, be continued as if the principal Act had not been amended by this Act.

Any such obligation, liability, penalty, or punishment accrued or incurred under the principal Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.