Malaysia legislation
Section 57
Section 57
Conditions which may be attached to operator’s licence
(a)
that the licensed operator shall, in connection with his operator’s licence, only use the goods vehicles of the class of goods vehicles specified in the operator’s licence to operate or provide the goods vehicle service specified in the operator’s licence; and
(b)
that the licensed operator shall have such duties, rights, obligations or restrictions as may be imposed by the
Director General of Land Public Transport, including—
(i)
that the goods vehicle shall or shall not be used in specified areas or between specified places or during specified times;
(ii)
that the goods vehicle shall or shall not be operated in areas other than the areas for which the operator’s licence was issued;
(iii)
that certain classes or description of goods only shall or shall not be carried;
(iv)
that goods shall or shall not be carried for specified persons;
(v)
that the labour charges for the loading and unloading of the goods vehicle and the charges for the demurrage of the goods vehicle shall be as determined by the Director General of Land Public
Transport;
(vi)
that the laden weight of any goods vehicle shall not exceed a specified maximum;
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(vii)
that dangerous goods or goods which give off an offensive smell shall be carried in a specified manner and that specified precautions shall be taken in relation to the carriage of such goods;
(viii)
the conduct of drivers and attendants of the goods vehicle;
(ix)
whether there is, and if so, the maximum number of passengers that may be carried on each goods vehicle;
(x)
the measures to safeguard the safety of passengers on the goods vehicles and other road users including, the manner and timing of loading and unloading of goods on roads;
(xi)
the type of documents to be carried and information to be displayed on each goods vehicle, such as copies of the operator’s licence, timetable and fare table, and which shall be liable for inspection;
(xii)
that the licensed operator shall keep and produce on demand for inspection and verification specified accounts, documents and records, other than the documents mentioned in subparagraph (1)(b)(xi); and
(xiii)
the requirement that each goods vehicle is kept in a designated place while not in use.
(2)
The Director General of Land Public Transport may, at any time in his discretion, add, cancel or vary any of the conditions attached to an operator’s licence under this section.
(3)
A licensed operator who fails to comply with any of the conditions attached to the operator’s licence under this section commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
72 Laws of Malaysia ACT 715
(4)
No person shall use a goods vehicle or cause or permit a goods vehicle to be used for the carriage of passengers, unless there is in force an operator’s licence issued under this Chapter authorizing such use and it shall be in accordance with any conditions attached thereto.
(5)
A person who contravenes subsection (4) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than five hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Statutory conditions of operator’s licence