Section 13 — LAND PUBLIC TRANSPORT ACT 2010

(2)

An order under subsection (1) shall specify—

(a)

the parts of the roads in a designated area in respect of which an area congestion pricing charge may be demanded, collected and retained;

(b)

the person authorized to demand and collect, and the person authorized to retain, the area congestion pricing charge, including the duration of such authorization;

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(c)

the duties and obligations of the person or persons authorized under paragraph (b);

(d)

the persons and classes of vehicles in respect of which area congestion pricing charge may be demanded, collected and retained;

(e)

the rate or rates of area congestion pricing charge that may be imposed;

(f)

the time and manner of payment of area congestion pricing charge, including the place or point of collection and the time when such moneys are to be paid;

(g)

the persons or classes of vehicles to be exempted from the payment of area congestion pricing charge for such period as may be prescribed in the order, subject to such conditions as are deemed fit to be imposed in connection therewith;

and

(h)

any other circumstances or conditions, not falling within this subsection that relate to the demand, collection and retention of area congestion pricing charge.

(3)

A person who fails to pay the area congestion pricing charge in the manner specified in the order under subsection (1) or regulations made under this Act commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4)

Where an area congestion pricing charge is prescribed pursuant to this section in respect of any road situated within the jurisdiction of an appropriate authority described in paragraphs 67(a), (b), (c) and (e)

of the Road Transport Act 1987—

(a)

the responsibility of demanding and collecting the proceeds of such area congestion pricing charge is assigned to such appropriate authority;

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(b)

such appropriate authority shall pay or cause to be paid the remaining portion of the proceeds of area congestion pricing charge into the Fund in accordance with subsection (5) after accounting for such amounts as described in paragraphs (c) and (d);

(c)

such appropriate authority shall be entitled to such proportion of the proceeds of area congestion pricing charge as may be prescribed and assigned to it by the

Minister from time to time; and

(d)

such appropriate authority shall be reimbursed at actual documented cost for necessary incidental expenses incurred, with the prior written consent of the Minister, in connection with the performance of its responsibility under paragraph (a).

(5)

The remaining portion of the proceeds of area congestion pricing charge demanded and collected pursuant to an order under this section shall, after accounting for all amounts due under paragraphs (4)(c) and (d) to the appropriate authority, be paid into and form part of the Fund, in the prescribed manner.

(6)

For the purposes of this section—

“collection” shall include recovery at law or otherwise of any area congestion pricing charge or portion thereof;

“point of collection” means the point designated in an order under this section as the point at which area congestion pricing charge shall be payable to and collected by the person authorized in the order to demand and collect the area congestion pricing charge.

(7)

(Deleted by Act A1574).

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Prohibition or restriction of use of roads to facilitate the movement of goods vehicles