Land Public Transport (Amendment) Act 2017

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

in the definition of “customer”, by substituting for the words “and includes the hirer of a goods vehicle service”

the words “hirer of a goods vehicle service or customer of an intermediation business”;

LAND PUBLIC TRANSPORT (AMENDMENT)

ACT 2017

by inserting after the definition of “licensee” the following definition:

‘ “intermediation business licensee” means the holder of a licence issued under Chapter 2a of Part II;’;

by substituting for the definition of “goods vehicle service”

the following definition:

‘ “goods vehicle service” means—

the carriage of goods for any third party by means of a goods vehicle for hire or reward;

or

the carriage of goods for any third party or the carriage of own goods by means of a goods vehicle in connection with a trade or business;’;

by inserting after the definition of “tourism vehicle business” the following definition:

‘ “intermediation business” means the business of facilitating arrangements, bookings or transactions for the provision of land public transport services as specified in the Third Schedule whether for any valuable consideration or money’s worth or otherwise;’;

in the definition of “railway company”, by deleting the words “whether incorporated or not,”; and

by substituting for the definition of “terminals” the following definition:

‘ “terminal” means—

a single or multi-modal station and transport hub dedicated to land public transport or the part or portion thereof relating to land public transport;

Land Public Transport (Amendment)

a service counter or ticket counter relating to land public transport; or

a container depot for storage of containers used for import or export;’.

An application for a licence under this section shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Commission.

The applicant shall provide to the Commission complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

Subject to this Act, the Commission may, on an application for a licence under this section—

Every licence issued under this section shall set out the duration of the licence and the Commission may attach to the licence conditions that include—

The Commission may, at any time, add, cancel or vary any of the conditions attached to a licence issued under this section.

The issuance of a licence by the Commission under subsection (4) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the intermediation business licensee.

A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

An intermediation business licensee who fails to comply with any of the conditions attached to the licence under subsection (5) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Land Public Transport (Amendment)

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Renewal of licence 12b.  (1)  Subject to subsections (2) and (3), the Commission may, on an application by the intermediation business licensee, renew the licence on such conditions as the Commission thinks fit or refuse the application.

An application for the renewal of a licence under subsection (1) shall be made at least ninety days before the date of expiry of the licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Commission.

If the applicant fails to comply with subsection (2) and offers no reason which the Commission thinks reasonable, the

Commission may refuse to proceed with, hear or determine such application.

Where no application for renewal of a licence has been submitted, the intermediation business licensee shall, within fourteen days from the date of expiry of the licence, return the licence to the Commission.

Application for variation 12c.  On an application by an intermediation business licensee for a variation of the licence or the conditions of the licence, the Commission shall have full power in its discretion—

Where a licence—

An intermediation business licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Notwithstanding paragraph 12d(1)(c), the Commission may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such intermediation business licensee or, where for any reason the

Commission is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Duty of intermediation business licensee to keep records, etc.

in the shoulder note, by inserting after the words “public service vehicle” the words “or tourism vehicle”; and

by inserting after the words “use a public service vehicle”

the words “or tourism vehicle”.

Land Public Transport (Amendment)

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Amendment of section 34

in the shoulder note, by deleting the word “bus”; and

by substituting for the words “express buses, mini buses and stage buses” the words “any classes of public service vehicle”.

Amendment of section 51

in subsection (6), by substituting for the words “A person,”

the words “Subject to subsection (5), a person,”; and

in subsection (7), by substituting for the words “A company”

the words “Subject to subsection (5), a company”.

by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”; and

by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”.

in subsection (1), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”; and

in subsection (4), by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”.

Amendment of section 194

in subsection (1), by inserting after the words “9,” the words “12d,”;

in subsection (2), by substituting for the words “Chapter 2”

the words “Chapters 2 and 2a”; and

Land Public Transport (Amendment)

by substituting for the words “or terminal licensee”

wherever appearing the words “, terminal licensee or intermediation business licensee”.

Amendment of section 195

in the shoulder note, by substituting for the words “or terminal licensee” the words “, terminal licensee or intermediation business licensee”;

in the national language text, by substituting for the words

“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;

in the English language text—

in paragraphs (a) and (b), by substituting for the words “or terminal licensee” wherever appearing the words “, terminal licensee or an intermediation business licensee”;

in subsection (4), by substituting for the words “Chapter 2”

the words “Chapters 2 and 2a”.

Amendment of section 196

in the national language text, in subsections (2) and (4), by substituting for the words “atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;

and

in the English language text—

in subsections (2) and (4), by substituting for the words “the licensee, licensed operator or terminal licensee” the words “the licensee, licensed operator, terminal licensee or intermediation business licensee”; and

in the national language text, by substituting for the words

“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”; and

in the English language text—

by substituting for the words “a licensee, licensed operator or terminal licensee” wherever appearing the words “a licensee, licensed operator, terminal licensee or an intermediation business licensee”;

and

by inserting after the words “any nuisance” the words

“at a terminal or”;

by substituting for paragraph (b) the following paragraph:

“(b) assaults, hinders or obstructs a licensee, terminal licensee, intermediation business licensee or licensed operator or an employee of the licensee, terminal licensee, intermediation business licensee or licensed operator, including a railway official, from providing land public transport service or in the execution of the duties of such employees,”;

by inserting after the words “the licensee” wherever appearing the words “, terminal licensee, intermediation business licensee”; and

by inserting after the words “licensed operator from such”

the words “terminal,”.

Amendment of section 210

in the national language text, by substituting for the words

“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”;

in the English language text—

by substituting for the words “A licensee, licensed operator or terminal licensee” wherever appearing the words “A licensee, licensed operator, terminal licensee or an intermediation business licensee”;

and

in subsection (2), by inserting after the words “two hundred thousand ringgit” the words “or to imprisonment for a term not exceeding two years or to both”.

in the national language text, by substituting for the words

“atau pemegang lesen terminal” wherever appearing the words “, pemegang lesen terminal atau pemegang lesen perniagaan pengantaraan”; and

in the English language text—

in subsection (1)—

by substituting for the words “a licensee, licensed operator or terminal licensee”

the words “a licensee, licensed operator, terminal licensee or an intermediation business licensee”; and

Land Public Transport (Amendment)

by substituting for the words “the licensee, licensed operator or terminal licensee” the words “the licensee, licensed operator, terminal licensee or intermediation business licensee”; and

in paragraph (1)(b), by deleting the word “or” at the end of the paragraph;

in paragraph (1)(c), by substituting for the full stop at the end of the paragraph the words “; or”;

by inserting after paragraph (1)(c) the following paragraph:

“(d)  by forwarding the document to the person by electronic means.”; and

by inserting after subsection (2) the following subsections:

“(3) Where a document is served by post in a prepaid letter, such document shall be deemed to have been served on the succeeding day on which the document would have been received, in the ordinary course of post.

Where the person to whom a document is served by post in a prepaid letter is informed of the fact that there is a prepaid letter awaiting him at a post office, and such person refuses or neglects to take delivery of such prepaid letter, such document shall be deemed to have been served upon him on the date on which he was so informed.”.

in paragraph (g), by substituting for the words “railway trains” the words “relevant vehicles and railway trains, and conductors of public service vehicles”; and

in paragraph (r), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”.

Amendment of section 253

in paragraph (m), by inserting after the words “licensed operators” the words “, terminal licensees, intermediation business licensees”;

in paragraph (n), by substituting for the words “and terminal licensee” the words “, terminal licensee and intermediation business licensee”;

in paragraph (o), by inserting after the words “licensed operators” the words “, terminal licensees, intermediation business licensees”;

Land Public Transport (Amendment)

in paragraph (r), by substituting for the words “railway trains” the words “relevant vehicles and railway trains, and conductors of public service vehicles”;

by deleting paragraph (w);

in paragraph (mm), by substituting for the words “and terminal licensees” the words “, terminal licensees and intermediation business licensees”;

in paragraph (rr), by substituting for the full stop at the end of the paragraph the words “; and”; and

by inserting after paragraph (rr) the following paragraph:

“(ss) to provide for the form and content of any arrangement or agreement between the licensed operators of a public service vehicle service and the driver of a public service vehicle.”.

in item 1—

in the definition of “hire and drive car”, by substituting for the full stop at the end of the paragraph a semicolon; and

in item 2—

in paragraph (l), by deleting the word “and” at the end of the paragraph;

Any application for a licence pending on the date of the coming into operation of this Act shall be dealt with under the principal Act as amended by this Act.

Any action, investigation or proceedings commenced or pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this

Act, be continued as if the principal Act had not been amended by this Act.

Any such obligation, liability, penalty, or punishment accrued or incurred under the principal Act, may be continued, enforced, imposed and be dealt with, as the case may be, as if the principal Act had not been amended by this Act.