Section 56

the forms to be used and the information to be furnished for any of the purposes of this Act;

the procedure on applications and the determination of questions in connection with the grant, variation, surrender, suspension and revocation of licences or intermediation business licences and conditions attached to licences or intermediation business licences and in connection with appeals;

the grant of licences or intermediation business licences and the issue of copies of licences or intermediation business licences in the case of licences or intermediation business licences lost or destroyed;

the fees to be paid under this Act, the manner of payment and the persons liable to pay the same, the exemption of such fees to any person or classes of persons or company or the reduction of such fees;

the custody of licences or intermediation business licences, the production, return, surrender and cancellation of licences or intermediation business licences on the expiration, suspension, revocation or variation of the conditions thereof and the custody, production, return and obliteration of documents;

the form of register and other records to be kept and maintained by the Board, provisions for the opening, maintenance and closure thereof, provisions for the

Commercial Vehicles Licensing Board 67

inspection and taking extracts therefrom and the supply of copies thereof and the fees to be paid for such inspection, extracts and copies respectively;

the notification to the Director General or Chairman, of motor vehicles which have ceased to be used under a licence or an intermediation business licence granted under this Act;

the records to be kept by licence holders or intermediation business licence holders and by drivers of authorized vehicles and the returns to be made;

prescribing penalties (not exceeding those specified by section 119 of the Road Transport Act 1987) for any breach or failure to comply with any such rules;

the means by which commercial vehicles are to be identified as authorized vehicles whether by plates, marks and otherwise and providing for distinguishing words, letters, numbers, colours or marks being or not being affixed to authorized vehicles;

the safe custody or disposal of any property accidentally left in a public service vehicle and the fixing of charges made in respect thereof;

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, and different rules may be made as respects different classes or descriptions of authorized vehicles and as respects the same class and description of authorized vehicles in different circumstances.

Any rules made by the Minister under this Act shall be published in the Gazette.

68 Laws of Malaysia ACT 334

Repeal, transitional and saving

*57. (1) The Road Traffic Ordinance 1958 [Ord. No. 49 of 1958] and the Modification of Laws (Road Traffic Ordinance) (Extension and

Modification) Order 1984 [P.U. (A) 136/1984] in so far as they relate to the licensing of commercial vehicles are hereby repealed:

Provided that all subsidiary legislations relating to the licensing of commercial vehicles made under the repealed Ordinance shall be deemed to have been made under this Act and shall continue to remain in force until amended, suspended or revoked thereunder:

Provided further that any licence, permit or any other document in respect of an authorized vehicle or any reduction of fees or any exemption issued or granted under the repealed Ordinance and in force immediately before the commencement of this Act shall, in so far as its issue or grant is not inconsistent with this Act, be deemed to have been issued or granted under this Act and shall continue in force until it expires, or is varied, amended, suspended or revoked thereunder.

Where an application for the grant of a licence in respect of a commercial vehicle has been made before the commencement of this

Act and is pending immediately before such commencement the decision of any authority as is referred to in subsection (3), proceedings in respect of the said application shall be continued under the repealed

Ordinance subject to such modifications to the application being made so as to bring it into accord with the provisions of this Act, and subject to such directions as the said authority may give with regard to the continuation of proceedings on such an application.

Any authority established under the repealed Ordinance, having power to grant licences in respect of commercial vehicles and existing immediately before the date of commencement of this Act, shall

*NOTE—The amendment in subsection 36(2) of the Road Transport (Amendment) Act 1994 [Act A878]

shall be deemed to have been an integral part of section 57 of the Commercial Vehicle Licensing Board

Act 1987 as from 1 January 1988 and any act done or proceedings instituted in respect of the licensing of commercial vehicles during the period between the said date and the commencement of this Act and its continuation thereafter, if any, is hereby declared lawful and valid, and shall be deemed to be and to have always and at all times been lawful and valid.

Commercial Vehicles Licensing Board 69

continue to remain in existence and shall exercise all such functions as are conferred on a Road Transport Licensing Board constituted under the repealed Ordinance until there is established a Commercial

Vehicles Licensing Board under section 3 to replace such authority.

Where any appeal in respect of a decision made under the repealed Ordinance is pending before any right to appeal in respect of such decision has accrued, the proceedings in respect of the appeal or in respect of any appeal under the accrued right to appeal, shall be continued or had, as the case may be, under this Act as if in respect of a decision under this Act, subject to all such directions as the authority or the court, as the case may be, may deem fit or expedient to give in the matter.

Power of Minister to make additional provisions, etc.