Subject to subsections (2) and (3), no person may demand, collect and retain such fares in relation to railway services in excess of such rates of fares as the Minister may approve under section 84, 86,
person
“person” includes an individual person, company, partnership, and any other corporate and unincorporate body of persons;
101 or 120.
The Minister may, on the recommendation of the Director
Minister
“Minister” means the Minister charged with the responsibility for transport;
General of Land Public Transport, exempt any person from the payment of any fares in relation to railway services, subject to such terms and conditions as he thinks fit.
railway
“railway” means any kind of railway for the public carriage of passengers or goods or both, or any portion thereof, and includes— (a) all rails, beams, cables, sidings, or branches worked over for the purposes of, or in connection with, a railway; (b) all rolling-stock used for the purposes of traffic; (c) in so far as the context allows, a railway under construction by or for any railway company; and (d) any guided system or guided system of a class prescribed to be a railway for purposes of this Act, but does not include— (A) the Penang Hill Railway; (B) any railway used or, in the case of a railway to be constructed, intended to be used, wholly or mainly for the carriage of passengers within any amusement or recreational premises; and (C) such other railways as may be prescribed;
Nothing in this section shall prevent a licensed operator from exempting any person, other than persons exempted by the Minister under subsection (2), from paying any fares for any period, if an application for such exemption is made by the licensed operator and such application is approved by the Director General of Land Public
Transport in writing, subject to such conditions as it may deem fit.
A person who demands, collects or retains or attempts to demand, collect or retain any fare in contravention of subsection (1)
commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
No person shall travel on a railway without first having paid his fare and obtaining a ticket.
Every person intending to travel on a railway shall, upon payment of his fare, be furnished with a ticket specifying the class of railway coach or accommodation for, the station or place from, and the station or place to, which the fare has been paid.
Every person travelling on a railway shall, when required to do so, show the proof of payment of the fare to a licensed operator or railway official duly authorized to examine the payment of fares.
railway official
“railway official” means any person employed by or on behalf of any railway company that is a licensed operator, to perform any function in connection with a railway;
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For the purposes of this section, “proof of payment of the fare”
shall include tickets and electronic cards issued for the purpose of payment of fares or any other satisfactory evidence of payment of fares as may be set out in the regulations made under paragraph 252(1)(ty).
Where a licensed operator or railway official duly authorized to examine the payment of fares is satisfied that any person has made use of a railway without paying the appropriate fare for the distance travelled or where any person fails to produce or deliver up proof of payment of the fare in contravention of subsection (7), he may require such person to pay—
the fare for the distance travelled; and
a special charge, not exceeding such sum as may be prescribed.
Such fare and special charge shall be paid on demand to the railway official duly authorized to examine the payment of fares or collect tickets, and if not so paid, payment thereof may be recovered by the licensed operator by action at law.
If any dispute arises as to the fare calculated according to distance, the dispute may be referred—
in the first instance, to the railway official duly authorized to determine the dispute;
upon appeal from the decision of the railway official, to a land public transport officer to determine the dispute, whose decision shall be final, and any certificate issued by such duly authorized railway official or the land public transport officer, shall be admissible in evidence.