In forceUpdated to 15 Oct 2023Read it in Bahasa Malaysia

Contents

Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers

56. Vocational licences

Feedback & support

(1)

No person shall drive or act as a conductor of a public service vehicle on a road unless he holds a vocational licence granted under this Part for those purposes, and no registered owner of a public service vehicle or other person shall employ or permit any person who is not licensed to drive or act as a conductor of a public service vehicle while it is being used for the carriage of passengers for hire or reward on a road.

(2)

The Director shall not issue a vocational licence unless he is satisfied that—

(a)

in the case of a licence to drive, the applicant is over the age of twenty-one;

(b)

in the case of a licence to act as a conductor, the applicant is over the age of eighteen;

(c)

the applicant is not a person holding a learner’s driving licence or a probationary driving licence;

(d)

in the case of an applicant who is a self-employed person, the applicant is registered and has paid the contribution under the Self-Employment Social Security Act 2017

[Act 789]; and

88 Laws of Malaysia ACT 333

(e)

the applicant fulfils such other conditions as may be prescribed.

(2A)

A vocational licence issued under this Part shall be valid for the period specified in the vocational licence unless it is sooner revoked under subsection (4) or (4A).

(3)

A licence to drive a public service vehicle may be limited to such type or types of vehicles as may be specified in the licence.

(4)

A vocational licence may, at any time, be suspended or revoked by the Director if—

(a)

due to any disease, conduct as may be prescribed or physical disability—

(i)

the holder of the vocational licence is incapable of holding; or

(ii)

it is not suitable for the holder of the vocational licence to hold, such licence;

(aa)

the holder of the vocational licence is a self-employed person, the vocational licence holder has not registered and has not paid the contribution under the

Self-Employment Social Security Act 2017; or

(a)

the holder of the vocational licence has any outstanding matter or case with the Road Transport Department or the police relating to any contravention of this Act.

(4A)

Without prejudice to subsection (4), a vocational licence issued under this Part shall—

(a)

be suspended if the driving licence issued under section 27

is suspended under section 32, 35 or 36;

Road Transport 89

(b)

be revoked if the driving licence issued under section 27

is revoked under section 35.

(5)

If the Director suspends or revokes the vocational licence under paragraph (4)(a), the holder of the vocational licence may appeal to the Director General and based on the appeal, the Director General may, after investigation, if any, make any order as he deems fair and any such order shall bind the Director and appellant.

(6)

If any person acts in contravention of subsection (1), he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(7)

A vocational licence granted under any law repealed by this

Act and in force on the appointed day shall be deemed to be granted under this Act.

(8)

Any reference in this Part to a licence granted under this Part shall not be deemed to include a reference to a vocational licence issued under this section.

(9)

Notwithstanding anything to the contrary in this section, a

Director may limit the validity period of a vocational licence to a period not exceeding three months if he is satisfied that the holder of the vocational licence has any outstanding matter or case regarding any scheduled offence or any other contravention of this Act.

(10)

For the purposes of this section, “self-employed person” shall have the same meaning as assigned to that expression in the

Self-Employment Social Security Act 2017.

Vocational licence of goods vehicles, employees vehicles and excursion buses

Terms defined in s 2

appointed day
Defined · s 2
“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;
Open s 2
conductor
Defined · s 2
“conductor” means a person licensed under section 56 to act as a conductor of a public service vehicle;
Open s 2
Director
Defined · s 2
“Director” means a Director for Road Transport appointed under section 3;
Open s 2
Director General
Defined · s 2
“Director General” means the Director General for Road Transport appointed under section 3; *NOTE—The Companies Act 1965 has since been repealed by the Companies Act 2016 which comes into operation on 31 January 2017—see subsection 620(1)…
Open s 2
driving licence
Defined · s 2
“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;
Open s 2
goods
Defined · s 2
“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;
Open s 2
probationary driving licence
Defined · s 2
“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;
Open s 2
public service vehicle
Defined · s 2
“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;
Open s 2
registered owner
Defined · s 2
“registered owner” means the person registered as the owner of a motor vehicle under paragraph 11(1)(b);
Open s 2
road
Defined · s 2
“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;
Open s 2
Road Transport Department
Defined · s 2
“Road Transport Department” means the Department administered by the Director General;
Open s 2
scheduled offence
Defined · s 2
“scheduled offence” means an offence prescribed under the First Schedule;
Open s 2
this Act
Defined · s 2
“this Act” includes any subsidiary legislation made under this Act;
Open s 2
vocational licence
Defined · s 2
“vocational licence” means a licence to drive or act as a conductor granted under sections 56 and 57;
Open s 2

Report

Read on from s 57

Part III

Roads

Read on from Part III

Part IV

Provisions Against Third Party Risks Arising Out of the Use of Motor Vehicles

Read on from Part IV

Part V

Offences and Miscellaneous Provisions

Read on from Part V