Malaysia legislation

Section 19

of *COMMERCIAL VEHICLES LICENSING BOARD ACT 1987

Section 19

(a)

in relation to a specified class of public service vehicles licence—

(i)

that specified fares shall be charged;

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(ii)

that where desirable in the public interest, the fares shall be so fixed as to prevent wasteful competition with alternative means of transport, if any, along the route or any part thereof or in proximity thereto;

(iii)

that the service shall be operated within the specified areas or routes and in accordance with a specified time-table or in accordance with specified hours of operation and specified frequency;

(iv)

that copies of the time-table and fare-table shall be carried and displayed in vehicles used on the service and shall be liable for inspection;

(v)

that passengers shall not be taken up or set down except at points specified in the licence or shall not be taken up or set down between specified points;

(vi)

that passengers in excess of a specified number shall not be carried;

(vii)

that the holder of the licence or certain specified persons only shall drive or operate the vehicle;

(viii)

that the authorized vehicle is installed with a ticket machine or equipment of the latest technology as may be determined by the Board;

(b)

in relation to a goods vehicle licence—

(i)

that the authorized vehicle shall or shall not be used in specified areas or between specified places or during specified times;

(ii)

that the authorized vehicle shall or shall not be operated in areas other than the areas for which the licence was issued;

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(iii)

that certain classes or description of goods only shall or shall not be carried;

(iv)

that goods shall or shall not be carried for specified persons;

(v)

that the charge or the maximum or minimum charges to be made for the carriage of goods, the labour charges for the loading and unloading of vehicles and the charges for the demurrage of vehicles shall be as determined by the Board;

(vi)

that the laden weight of any authorized vehicle shall not exceed a specified maximum;

(vii)

that explosive, inflammable, poisonous or dangerous goods or goods which give off an offensive smell shall be carried in a specified manner and that specified precautions shall be taken in relation to the carriage of such goods;

(c)

in relation to a carrier’s licence ‘A’ which has no restriction on the type of goods to be carried, that the carriage of goods shall not be refused without reasonable excuse;

(d)

(Deleted by Act A1024);

(e)

in relation to all licences—

(i)

that the wages, conditions and hours of employment of persons employed in connection with the authorized vehicle or authorized service shall conform to certain specified requirements;

(ii)

that documents relating to the goods or passengers shall be carried on the authorized vehicle;

(iii)

that the issue and control of tickets for passengers and consignment notes for goods and the numbering or marking of such goods in such manner as to enable

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them to be readily identified shall conform to the requirements of the Board;

(iv)

that the holder of the licence shall keep and produce on demand for inspection and verification specified accounts, documents and records;

(v)

that the safety and convenience of passengers on vehicles and persons on roads shall be promoted;

(vi)

that the authorized vehicle is kept in a designated place.

(2)

The Board may, at any time and from time to time in its discretion, add, cancel or vary any of the conditions attached to a licence under this section.

(3)

The holder of the licence or any person using, causing or permitting the use of a vehicle in respect of which a licence has been issued under this Act who fails to comply with any of the conditions attached to the licence under this section shall be guilty of 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.

(4)

In the case of a vehicle used for the transportation of goods and in respect of which a licence under this Act has been issued, the holder of the licence or any other person who causes or permits the vehicle to be used by any person shall, if the person who uses the vehicle fails to comply with any of the conditions attached to the licence under this section, be guilty of 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.

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Statutory conditions of licence