Malaysia legislation
Section 45
Section 45
General of Land Public Transport shall have full power in his discretion—
(a)
if any of the provisions of this Act or any of the conditions of the licence has not been complied with;
(b)
if the issuance of the licence was induced by a false representation of fact by or on behalf of the licensee;
(c)
in the event of liquidation of the licensee or, where a receiver or manager is appointed in relation to the business of providing a tourism vehicle service of such licensee; or
(d)
if it is satisfied that the tourism vehicle in respect of which a licence has been issued under this Chapter has been or is intended to be used for an unlawful purpose or that the original purpose for which the licence was issued no longer exists:
Provided that the Director General of Land Public Transport—
(A)
in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the licensee an opportunity of making any representation in writing it may wish to make, that owing to the frequency of the breach, or to the
Land Public Transport 63
breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or
(B)
in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b), (c) or (d), shall not revoke or suspend the licence unless it is satisfied that, after giving the licensee an opportunity of making any representation in writing it may wish to make, the licence should be revoked or suspended.
(2)
For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 42(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.
(3)
Notwithstanding subsection (1), in the event that the licensee ceases to be licensed as a tourism enterprise under the Tourism
Industry Act 1992, the licence issued under this Chapter shall be deemed to be revoked with effect from the date the licensee ceases to be licensed as a tourism enterprise.
(4)
It shall be the duty of each licensee to inform the Director
General of Land Public Transport, not later than two days after the occurrence of the event specified in subsection (3), of the occurrence of that event and the effective date of that event, and return the licence issued under this Chapter to the Director General of Land Public
Transport in accordance with subsection (5).
(5)
Where a licence—
(a)
has been revoked, it shall have no effect from the date of revocation and the licensee shall within fourteen days from the date of revocation of the licence return the licence to the
Director General of Land Public Transport; or
(b)
has been suspended, it shall have no effect during the period of suspension.
64 Laws of Malaysia ACT 715
(6)
A licensee who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Prohibition in relation to suspended licence