Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“accident” means an accident or occurrence whereby damage or injury is caused to any person, property, vehicle, structure or animal;
“airport” has the same meaning assigned to it by the Civil Aviation
Act 1969 [Act 3];
“animal” means any horse, pony, mule, ass, buffalo, cattle, sheep, pig, goat or dog;
“appointed day” means the day appointed by the Minister under section 1 for the coming into force of any Part or provision of this
Act;
“bankruptcy” includes insolvency as a result of which a wage earner’s administration order has been made under the laws relating to bankruptcy;
“camera-recorded offence” means an offence prescribed under the
Second Schedule;
“carriage of goods” includes the haulage of goods;
“certificate of insurance” includes a cover note;
“Chairman of a Municipal Council” means the Chairman of a
Municipal Council referred to in section 2 of the Local Government
Ordinance 1961 [Sabah No. 11 of 1991] and subsection 2(1) of the
Local Authorities Ordinance 1996 [Sarawak Cap. 20] and includes the Deputy Chairman of the Municipal Council;
“Chief Police Officer” means any police officer vested by the
Inspector General of Police with the control of the Royal Malaysia
Police in respect of any area or state under section 6 of the Police Act 1967 [Act 344] and designated as such by the Inspector General of
Police;
Road Transport 13
“City Council” includes a Council of a City and a City;
“commercial vehicle” shall have the same meaning as assigned to that expression in the Commercial Vehicles Licensing Board Act 1987 [Act 334];
“Commissioner of Police” means a Commissioner appointed under section 5 of the Police Act 1967 [Act 344];
“company” includes any company as defined in the *Companies
Act 1965 [Act 125], any company formed under any law, any corporation incorporated by law, and any firm or partnership;
“conductor” means a person licensed under section 56 to act as a conductor of a public service vehicle;
“Dato Bandar” means the Dato Bandar Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 [Act 190] read with section 4 of the City of Kuala Lumpur Act 1971 [Act 59] and includes any officer in the service of the City of Kuala Lumpur authorized in writing by the Dato Bandar to exercise powers conferred or to perform duties imposed by this Act on the Dato Bandar;
“Deputy Director” means a Deputy Director for Road Transport appointed under section 3;
“Deputy Director General” means the Deputy Director General for
Road Transport appointed under section 3;
“Director” means a Director for Road Transport appointed under section 3;
“Director General” means the Director General for Road Transport appointed under section 3;
*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017—see subsection 620(1) of Act 777.
14 Laws of Malaysia ACT 333
“driver” means the person for the time being driving a motor vehicle and, in the case of a stationary motor vehicle, includes the person for the time being responsible for the driving of the motor vehicle;
“driving licence” means a licence to drive a motor vehicle granted or deemed to be granted under Part II and includes a learner’s driving licence and a probationary driving licence granted under section 29;
“electric motor vehicle” means any motor vehicle that is propelled by electrical means and does not include a micromobility vehicle;
“excursion bus” shall have the same meaning as assigned to that expression in the Tourism Vehicles Licensing Act 1999 [Act 594]
and in the Second Schedule to the Land Public Transport Act 2010
[Act 715];
“goods” means anything, including livestock, carried on or in a motor vehicle for the purposes of any trade or business but does not include—
(a)
equipment ordinarily used with the vehicle;
(b)
articles of merchandise carried by a person on or in the vehicle solely for the purpose of exhibition as samples;
(c)
articles carried by a person on or in the vehicle for use in the exercise of his trade, business or profession and not for sale;
“goods vehicle” shall have the same meaning as is assigned to that expression in the Commercial Vehicles Licensing Board Act 1987
and the Land Public Transport Act 2010 [Act 715];
“Government” means the Federal Government or any State
Government;
“Highway Authority” means the body corporate established under section 3 of the Highway Authority Malaysia (Incorporation) Act 1980 [Act 231];
Road Transport 15
“land implement” means any implement or machinery used with a land tractor in connection with the purposes for which a land tractor may be used under this Act;
“land tractor” means a motor tractor designed and used primarily for work on the land in connection with agriculture, planting or forestry, land levelling, draining, dredging or similar operations, which is driven on a road only when proceeding to and from the site of such work and when so driven hauls nothing other than land implements;
“learner’s driving licence” means a driving licence which is granted to any person to learn theoretical and practical driving and thereafter to be tested on the prescribed tests of competence;
“maximum permissible laden weight” means such weight as the
Director General shall specify as a laden weight which is suitable for a specific vehicle using a road;
“Mayor of a City Council” includes Commissioner of a City and
“Mayor” shall be construed accordingly;
“member of the Forces” means—
(a)
a member of the Armed Forces;
(b)
a police officer;
(c)
a member of a visiting force within the meaning of any law for the time being in force regulating visiting forces lawfully present in Malaysia;
“micromobility vehicle” means any vehicle that is propelled by electrical means, an internal-combustion engine or human power or a combination of electrical means, an internal-combustion engine or human power, and having a maximum speed of 50 km/h;
“Minister” means the Minister charged with responsibility for transport;
16 Laws of Malaysia ACT 333
“motor vehicle” means a vehicle of any description, propelled by means of mechanism contained within itself and constructed or adapted so as to be capable of being used on roads, and includes a trailer;
“Municipal Council” means a Municipal Council for a local authority area that has been declared and determined in accordance with paragraph 3(d) of the Local Government Act 1976 [Act 171], paragraph 6(1)(cc) of the Local Government Ordinance 1961
[Sabah No. 11 of 1991] and paragraph 3(1)(e) of the Local Authorities
Ordinance 1966 [Sarawak Cap. 20];
“scheduled offence” means an offence prescribed under the
First Schedule;
“owner”—
(a)
in relation to a motor vehicle registered or deemed to be registered under this Act, means the registered owner of such vehicle; and
(b)
in relation to any other motor vehicle, means the person in possession of or using or having the use of the motor vehicle;
“parking” means the bringing of a motor vehicle to a stationary position and causing it to wait for any purpose other than that of immediately taking up or setting down persons, goods or luggage;
“parking place” means a place set apart as a place at which motor vehicles or any specified class or description of motor vehicles may be parked;
“passenger”—
(a)
in relation to a person carried on a public service vehicle, does not include the driver or conductor or any ticket inspector on the vehicle in pursuance of his duties;
Road Transport 17
(b)
in relation to persons carried on a goods vehicle, does not include the driver or any attendant required by law to be carried on such vehicle;
(ba) in relation to persons carried on an excursion bus, does not include the driver or any tourist guide on the excursion bus in pursuance of his duties; and
(c)
in relation to a private car, does not include the driver;
“Perbadanan
Putrajaya”
means the
Perbadanan
Putrajaya established under section 3 of the Perbadanan Putrajaya Act 1995;
“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police
Act 1967;
“prescribe”, where no mode is mentioned, means to prescribe by rules made under this Act;
“President” means the President of the Perbadanan Putrajaya appointed under section 5 of the Perbadanan Putrajaya Act 1995
[Act 536];
“President of a Municipal Council” means the President as defined in section 2 of the Local Government Act 1976 [Act 171];
“probationary driving licence” means a licence for a probationary period of two years which is granted to any person who has passed the prescribed tests of competence;
“public body” means a body declared by the Minister to be a public body;
“public service vehicle” shall have the same meaning as assigned to that expression in the Commercial Vehicles Licensing Board Act 1987 and the Land Public Transport Act 2010;
18 Laws of Malaysia ACT 333
“recorded image” means any visual (whether still or moving)
images recorded, expressed, described or howsoever represented, including any information stated therein;
“registered owner” means the person registered as the owner of a motor vehicle under paragraph 11(1)(b);
“registered medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“registration certificate” includes registration book;
“road” means—
(a)
any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures and fixtures to fully effect its use;
(b)
for the purposes of sections 70 and 85, also includes a road under construction; and
(c)
for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;
“Road Transport Department” means the Department administered by the Director General;
“road transport officer” means any person appointed to be a road transport officer under section 3;
“this Act” includes any subsidiary legislation made under this Act;
“tourist guide” shall have the same meaning as assigned to that expression in the Tourism Industry Act 1992 [Act 482];
Road Transport 19
“tracked”, in relation to a vehicle, means that the vehicle is so designed and constructed that the weight of it is transmitted to the road surface either by means of continuous tracks, or by a combination of wheels and continuous tracks;
“traffic” includes micromobility vehicles, motor vehicles, tram cars, vehicles of every description, pedestrians, processions, bodies of police or troops and all animals being ridden, driven or led;
“traffic signs” includes all signals, warning sign posts, direction posts, signs, marks or devices erected or provided on or near a road for the information, guidance or direction of persons using the road;
“traffic warden” means any person appointed to be a traffic warden by the Dato Bandar, the Perbadanan Putrajaya, the Mayor of a City
Council, the President of a Municipal Council or the Chairman of a
Municipal Council under section 3;
“trailer” shall have the same meaning as assigned to it in subsection 5(1);
“unladen weight” means the weight of a vehicle inclusive of the body and all parts (the heavier being taken where alternative bodies or parts are used) which are necessary to, or ordinarily used with, the vehicle when working on a road but exclusive of loose tools;
“use” means use on any road;
“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;
“vocational licence” means a licence to drive or act as a conductor granted under sections 56 and 57;
“weighing machine” includes a portable weighing machine, a static weighing machine and a computerized or electronic weigh in-motion system;
20 Laws of Malaysia ACT 333
“wheeled”, in relation to a motor vehicle or trailer, means that the whole weight of the vehicle is transmitted to the road by means of wheels.
Appointment