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Section 70

Power to restrict use of vehicles on specified roads

of Road Transport Act 1987

ActIn forceProvision 100 of 176
Section 70
(1)

The Minister charged with the responsibility for works in relation to a Federal road, and the appropriate authority after consultation with the Director General in relation to a road other than a

Federal road, within the area of such authority, may by order published in the Gazette, prohibit or restrict, the driving or use of vehicles or of any specified class or description of vehicles on any road or any part specified in the order, in any case in which it appears to such Minister or the appropriate authority, as the case may be, that such vehicles cannot be used, or cannot without restriction be used on that road without endangering the safety of the vehicles, or of the persons therein, or of other persons or vehicles using the road, or that the road is unsuitable for use, or for unrestricted use, by any such vehicles, or is a road on which the prohibition or restriction is necessary or desirable to facilitate repair or reconstruction of such road.

118 Laws of Malaysia ACT 333

(1A)

An order made under subsection (1) may provide that certain types or categories of motor vehicles identified therein may be exempted from complying with the order by any person specified therein.

(2)

Subject to any rules made by the Minister under section 75, or otherwise in relation to the regulation of traffic, an order may be made under this section for any or all of the following purposes:

(a)

the specification of the routes to be followed by vehicles;

(b)

the prohibition or restriction of the use of specified roads by vehicles of any specified class or description either generally or during particular hours;

(c)

the prohibition of the driving of vehicles on any specified road otherwise than in a specified direction:

Provided that—

(aa) no order shall be made under this subsection with respect to any road, which would have the effect of preventing such access as may reasonably be required for vehicles of any class or description to any premises situated on or adjacent to that road, or to which access is gained from that road;

(bb) no such order shall be made unless notice, in the prescribed form, of the intention to make the same shall be published in the Gazette at least fourteen days before the date on which it is intended to make such order, and before making such order there shall be taken into consideration—

(i)

any objections which may have been made to the making thereof;

(ii)

the existence of alternative routes suitable for the traffic which would or might be affected by the order.

Road Transport 119

(3)

An appropriate authority, or an engineer of the Public Works

Department in relation to a Federal road, on being satisfied that owing to the state of a road or the execution of works or repairs on a road, it is necessary in order to avoid serious danger to the public or serious damage to that road to restrict or prohibit temporarily the use of that road by vehicles or by vehicles of any particular class or description, may by notice displayed by him on that road restrict or prohibit the use of the same:

Provided that—

(a)

such restriction or prohibition shall not be effective for more than thirty days from the date on which it was imposed;

(b)

so long as such restriction or prohibition remains in force, a notice stating the effect of such restriction or prohibition and describing the alternative routes available for traffic shall be kept posted in a conspicuous manner at each end of the part of the road to which the notice relates, and at the points at which it will be necessary for traffic to diverge from such road; and

(c)

notice of such restriction or prohibition shall be given at the nearest police station, to the Chief Police Officer and to the Director General as soon as reasonably practicable, and in any case, within twenty-four hours of the imposition thereof.

(4)

Any person who uses a vehicle or causes or permits a vehicle to be used in contravention of any restriction or prohibition made or imposed under this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.