Malaysia legislation
Section 77
Section 77
Amendment of section 252
(a)
by deleting the words “, on the recommendation of the
Commission,”;
(b)
in subparagraphs (a)(ii) and (iii) and paragraph (b), by deleting the words “required to be furnished to the
Commission”;
(c)
by deleting paragraph (c);
(d)
in paragraph (g), by deleting the words “to be furnished to the Commission in connection therewith”;
(e)
by deleting paragraph (n);
(f)
in paragraph (o), by substituting for the words
“persons appointed as appointed officers” the words
“the land public transport officers”;
(g)
by deleting paragraph (p);
(h)
by deleting paragraph (q);
(i)
by inserting after paragraph (t) the following paragraphs:
“(ta) to provide for the safe carriage of passengers, their luggage and goods by land public transport;
(tb) to provide for the safe use and maintenance of—
(i)
terminals; and
(ii)
railways including railway systems and railway premises;
Land Public Transport (Amendment)
27
(tc) to regulate the opening and closure of railway stations and railway routes;
(td) to regulate prescribed related activities undertaken in connection with the provision of any railway services;
(te) to provide for the obligation of licensees and licensed operators in respect of the disruption of land public transport services;
(tf) to provide for the prevention of trespass of, nuisance or obstruction upon, or damage or injury in relation to, a railway;
(tg) to provide for the preservation and promotion of good order, sanitation and cleanliness on relevant vehicles and railways;
(th) to provide for the minimum standards and specifications in respect of the design, construction and maintenance of the gates or barriers of an occupation crossing and to regulate the use of such crossing;
(ti) to provide for the custody of licences and operator’s licences, the production, return and surrender of licences and operator’s licences on the expiration, revocation or suspension of the licences and operator’s licences, or variation of the conditions of the licences and operator’s licences and the custody, production, return and obliteration of documents;
(tj) to provide for the form of register and other records to be kept and maintained by the Director
General of Land Public Transport, the opening, maintenance, closure, inspection, supply of copies of, and taking of extracts from, the register and other records;
(tk) to provide for the form of notifications, notices and orders to be made under this Act;
(tl) to provide for the records to be kept by licensees, licensed operators, terminal licensee, intermediation business licensee and drivers of relevant vehicles and railway, the returns to be made and the manner of record-keeping;
(tm) to provide for all matters relating to the provision of information and additional information, and exemptions from providing information by the licensee, licensed operator, terminal licensee and intermediation business licensee, other than information mentioned in paragraphs 252(1)(b)
and (f) and subparagraphs 252(1)(a)(ii) and (iii), and the level of detail, interval, manner and form in which such information is to be provided for purposes of this Act;
(tn) to provide for the establishment, administration and regulations of accreditation-based compliance schemes in relation to the licensees, licensed operators, terminal licensee and intermediation business licensee or drivers of relevant vehicles or railways and all other related matters, including the certification of accreditors of such schemes and provisions relating to the enforcement of such schemes;
(to) to regulate the duties, conduct and conditions of service including hours of duty of drivers, conductors and persons attending to relevant vehicles or railways;
(tp) to regulate the number of persons to be employed as drivers, conductors and persons attending to relevant vehicles or railways;
(tq) to provide for the forms and procedures relating to applications for vocational licences by drivers of relevant vehicles and railway trains, and conductors of public service vehicles, the minimum qualifications to be possessed by the persons, to regulate their conduct, duties and powers, and any matter relating to their terms of service and requirement for continuous training;
Land Public Transport (Amendment)
29
(tr) to regulate the number of persons to be carried on a public service vehicle, tourism vehicle or railway;
(ts) to regulate the carriage of passengers on goods vehicles;
(tt) to provide for the equipment, including fire extinguishers, first aid kits or safety cones to be carried by or affixed to a relevant vehicle or railway;
(tu) to provide for the types of taximeters that may be authorized, limitations on their use, and the control of testing, repair and maintenance of taximeters;
(tv) to provide for the conduct of persons employed on or in connection with public service vehicles, tourism vehicles or railways, and the means of identification and uniform to be worn by them;
(tw) to provide for the conduct of passengers boarding, travelling in or alighting from a public service vehicle, tourism vehicle or railway and the conduct of intending passengers waiting to board a public service vehicle (except a hire and drive car), tourism vehicle or railway;
(tx) to require—
(i)
any person infringing the regulations made under paragraph 251(1)(tw) to be removed from a public service vehicle, tourism vehicle or railway; and
(ii)
a passenger who is reasonably suspected by the driver or conductor of the public service vehicle, tourism vehicle or railway of contravening regulations made under paragraph 251(1)(tw) to give his name and address to a police officer, or driver, conductor or officer authorized by the licensee or licensed operator, or land public transport officer, where relevant, on demand;
(ty) to regulate the manner of payment and collection of fares and freight for land public transport services and, subject to paragraph 252(1)(r), ticketing systems;
(tz) to require a passenger on a public service vehicle
(except a hire and drive car) or railway, if so requested by the driver or conductor of the public service vehicle (except a hire and drive car) or railway or an officer authorized by the licensee or licensed operator, to leave the vehicle on the completion of the journey for which he has paid the fare;
(taa) to provide for the safe custody or disposal of any property accidentally left in a public service vehicle, tourism vehicle or railway and the recovery of costs incurred in respect of the safe custody or disposal of the property;
(tab) to require road safety seat-belts to be fitted to such class or description of public service vehicles or tourism vehicles as may be specified, to stipulate the minimum standards of quality of material and construction with respect to such safety seat-belts and the position in which such safety seat-belts to be fixed, to require the use of such safety seat-belts in such vehicles, and to control the sale or supply of safety seat-belts that do not conform to the minimum standards of quality of material and construction;
(tac) to stipulate the size, shape and character of any sign, particulars, words, letters, colours, plates or marks to be displayed on any relevant vehicle or class of the relevant vehicle, the manner in which the sign, particulars, words, letters, colours, plates or marks are to be fixed, displayed, illuminated and rendered easily distinguishable, whether by night or day, and to provide for distinctive signs, particulars, words, letters, colours, plates or marks to be carried by or placed on relevant vehicles licensed for a particular purpose or to identify them as relevant vehicles under this
Act;
Land Public Transport (Amendment)
31
(tad) to prohibit, in connection with the use of relevant vehicles and railways, the use of any appliances, accessories or machines, or the commission of any acts, which are likely to cause annoyance or danger;
(tae) to regulate the lights and reflectors to be fixed or on any relevant vehicle or any class or description of the relevant vehicle, whether in respect of the nature of such lights, the positions in which and the colour of the background on which the lights and reflectors shall be fixed, and the periods during which the lights and reflectors shall be lighted, or otherwise;
(taf) to prescribe the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried on roads by relevant vehicles;
(tag) to prescribe the manner in which relevant vehicles used on roads shall be loaded and the precautions to be taken for ensuring the safety of the public;
(tah) to prescribe the conditions subject to which, and the times at which, goods may be loaded onto or unloaded from relevant vehicles or any particular class or description of relevant vehicles on roads, except in relation to any relevant vehicles registered in any foreign country which is subject to the provisions of any international agreement entered into by the Government;
(tai) to prohibit or prescribe the conditions subject to which relevant vehicles or any particular class or description of relevant vehicles may remain stationary or be left unattended on any road, any particular class of roads or any particular road;
(taj) to restrict and regulate the use of vehicles on roads which engage in erecting, placing, removing, altering or repairing of lamps, overhead cables and road or street works;
(tak) to provide for the accounts and records to be kept by licensees, licensed operators, terminal licensees and intermediation business licensees, and records in respect of terminals or use of relevant vehicles, as the case may be, under this Act;
(tal) to provide for the period where written recommendations by the Director General of
Land Public Transport to the Minister may be submitted for a grant of approval of a railway scheme or a licence to operate a railway;
(tam) to provide for the deposit of plans, sections on a scale and a book of reference for the purposes of approval of a railway scheme;
(tan) to provide for the construction, opening and closing and conditions of use of private crossings;
(tao) to provide for the manner and frequency of inspection of a railway after the railway has been opened;
(tap) to provide for the form and content of any arrangement or agreement between the licensed operators of a public service vehicle service and the driver of a public service vehicle;
(taq) to authorize any person to carry out the functions of the Director General of Land Public Transport;”.
Deletion of section 253