Malaysia legislation

Section 62

of *LAND PUBLIC TRANSPORT ACT 2010

Section 62

(a)

if any of the provisions of this Act or any of the conditions of the operator’s licence has not been complied with;

(b)

if the issuance of the operator’s licence was induced by a false representation of fact by or on behalf of the licensed operator;

(c)

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation, of the licensed operator or, where a receiver or manager is appointed in relation to the business of operating or providing the goods vehicle service of such licensed operator; or

(d)

if it is satisfied that the goods vehicle used in connection with the operator’s licence issued under this Chapter has been or is intended to be used for an unlawful purpose or that the original purpose for which the operator’s licence was issued no longer exists:

76 Laws of Malaysia ACT 715

Provided that the Director General of Land Public Transport—

(A)

in the case of a breach of any of the conditions of the operator’s licence under paragraph (a), shall not revoke or suspend the operator’s licence unless it is satisfied, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the operator’s 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 operator’s licence unless it is satisfied that, after giving the licensed operator an opportunity of making any representation in writing he may wish to make, the operator’s licence should be revoked or suspended.

(2)

For the purposes of subsection (1), a breach of any of the conditions specified in paragraph 58(1)(a) or (b) shall be deemed to be a breach which constitutes danger to the public.

(3)

Where an operator’s licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the licensed operator shall within fourteen days from the date of revocation of the operator’s licence return the operator’s licence to the Director General of Land

Public Transport; or

(b)

has been suspended, it shall have no effect during the period of suspension.

Prohibition in relation to suspended operator’s licence