Section 1
This Ordinance may be cited as the Highways Ordinance.
Interpretation.
State OrdinanceIn force
Highways Ordinance Cap 55 Vol Ii
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Highways Ordinance Cap 55 Vol Ii is Malaysia State Ordinance, cited as State Ordinance Cap. 55, currently marked in force.
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HIGHWAYS ORDINANCE
(Sabah Cap. 55)
LIST OF AMENDMENTS
Ordinance/Enactment No.
Sections amended
Effective date of amendment
G.N.S. 72/1958 1st. Sch.
16-6-1958
G.N.S. 108/1958 1st. Sch.
1-9-1958 11/1980 7, 8 4-12-1980
G.N.S, 49/1983 1st. Sch., 2nd Sch.
1-1-1984
To make provisions for the use of highways.
[16th June, 1947.]
Short title.
Section 2
In this Ordinance unless there is anything repugnant in the context –
“highway” includes every road, bridle-path, or way belonging to the Government, or every road, bridle-path, or way, over which the public have a right of way;
“vehicle” includes every kind of carriage moving on land whether on wheels or runners when drawn or propelled by means whatsoever, except those moving on rails;
2
Certain highways only to be used under permit.
Section 3
(1)
No vehicle shall proceed along any of the highways set forth in the first column of the First Schedule except under permit in that behalf signed by the officer specified in the second column of the said Schedule or his deputy duly appointed in writing in this behalf.
(2)
Such permits may be general or specific and may be withdrawn or cancelled at any time by the officer who issued them.
Certain highways may be closed.
Section 4
(1)
It shall be lawful for the officer specified in the second column of the Second
Schedule or his deputy duly appointed in writing in this behalf to issue an order closing either generally or to any class of vehicles or subject to any exception, any of the highways set forth in the first column of the said Schedule or any part of any of them.
(2)
As long as an order made under this section is in force a notice stating the effect of the order shall be kept posted in a conspicuous manner at each end of the part of the highway to which the order relates and at any point at which it may be necessary for vehicles to diverge from the road.
(3)
No portion of any road which runs through the land of any owner shall be closed under this section to the owner of such road.
Provided that any such owner who uses such portion whenever such road is closed and thereby causes damage may be called upon to make good any damage so caused.
Public Works Department officials may close highways for repairs.
Section 5
Any officer of the Public Works Department not below the rank of Assistant
Engineer or the District Officer in any district where there is no such Public Works
Department officer may, at any time, by notice, restrict or prohibit the use of any highway by vehicles or by vehicles of any particular class or description, where owing to the likelihood of dander to the public or of serious damage to the highway it appears to him necessary that such restriction or prohibition should come into force without delay.
3
Rules.
Section 6
(1)
The Yang di-Pertua Negeri* may make rules for the more effective carrying out of the provisions of this Ordinance.
(2)
Such rules may –
(b)
add to or delete from the list of highways and offences empowered in the First and second Schedules.
Penalty.
Section 7
Any person who uses or permits to be used any vehicle in contravention of section 3 or of an order under section 4 or section 5 shall be guilty of an offence under this
Ordinance and shall be liable on conviction before a court of competent jurisdiction to a fine of five thousand ringgit or on a second or subsequent conviction to imprisonment for six months and to a fine of ten thousand ringgit.
Trial of offences.
Section 8
Notwithstanding the provisions of any written law to the contrary, the Court of a
Magistrate of the First Class shall have jurisdiction to try any offence under this
Ordinance or rules made thereunder and to award the full punishment for such offence.
* “Yang di-Pertua Negeri” substituted for “Governor” by virtue of G.N.S. 87 of 1965 and Enactment No. 17 of 1976.
4
Schedule
Highways
Officer empowered under
Section 3
1.
Tenghilan to Kota Belud as far northwards as the junction with the Pangkalan Abai – Kota Belud road
District Officer, Kota Belud
2.
Melalap - Tenom
District Officer, Tenom
3.
Sapong - Kamabong
District Officer, Tenom
4.
Beaufort – Gadong westwards from
Sungei Barkalau
District Officer, Beaufort
5.
Beaufort – Kota Klias westwards from Sungei Barkalau
District Officer, Beaufort 6.
All bridle-paths not otherwise specified
District Officer of the district or where there is no District
Officer, the Director of Public
Works
7.
Bulus Road, Lahad Datu, from mile 53/4 on
District Officer, Lahad Datu 8.
Semporna - Bubol
Assistant District Officer,
Semporna
9.
The VHF Driveway, Sandakan
Director of Public Works
5
SECOND SCHEDULE
Highways
Officer empowered under
Section 4
1.
Tenom Lama-Sapong
District Officer, Tenom
2.
Melalap - Keningau
District Officer, Keningau
Interior
3.
Keningau – Apin-Apin
District Officer, Keningau
Interior
4.
All earth roads not otherwise specified
District officer of the district 5.
Apas Road, Tawau
Director of Public Works
Common questions
- What is Highways Ordinance Cap 55 Vol Ii?
- Highways Ordinance Cap 55 Vol Ii is Malaysia State Ordinance, cited as State Ordinance Cap. 55, currently marked in force.
- Is Highways Ordinance Cap 55 Vol Ii still in force?
- Yes — Highways Ordinance Cap 55 Vol Ii is currently in force.
- How many sections does Highways Ordinance Cap 55 Vol Ii have?
- Highways Ordinance Cap 55 Vol Ii contains 8 sections.
- Where can I read the official version of Highways Ordinance Cap 55 Vol Ii?
- The official text of Highways Ordinance Cap 55 Vol Ii is published at sagc.sabah.gov.my.
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