Malaysia legislation
Section 12D
Section 12D
Payment of riverine traffic fee
(2)
A receipt for payment of the riverine traffic fee shall be given by the person authorized by the Board to collect the same (in this section referred to as “the authorized collector”) to every person paying the riverine traffic fee.
(3)
(a)
In order to ascertain the burden of any vessel liable under this section to pay the riverine traffic fee, the authorized collector may require the owner or master of the vessel to produce the register or certificate of registration of the vessel for his inspection;
and on the refusal or neglect of such owner or master to produce such register or certificate or to satisfy the authorized collector as to what is the true burden on the vessel, he may cause the vessel to be measured;
and any costs or expense so incurred shall be recoverable from the owner or master of such vessel in the same manner as the riverine traffic fee payable under this section.
(b)
Such meansurement shall, in the case of a foreign registered vessel, be subject to such provisions relating to cargo space as may be prescribed, be deemed to be the real burden of the vessel and may be treated as such for all purposes of this section.
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(4)
The Master of any vessel who―
(a)
departs or attempts to depart from any wharf or port within any river or on the foreshores of Sarawak without payment of the riverine traffic fee or any part thereof;
(b)
fails or refuses to produce to an authorized collector the register of certificate of registration of his vessel as required under subsection (3)(a); or
(c)
refuses to have his vessel measured to ascertain her burden in tons, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding nine months or to both.
(5)
The Controller may, in any case where the riverine traffic fee or any part thereof, is not paid,—
(a)
apply, in accordance with relevant rules of the Rules of the High Court 1980 [P.U.(A)50/80], to that Court, for a warrant of arrest against the vessel or her sister vessel; or
(b)
levy distress against any cargo, equipment or things on board the vessel, and if the outstanding fees are not paid within seven days ensuing distress, cause the cargo, equipment and things to be appraised and auctioned in accordance with rules made under section 38, and the proceeds of sale be applied towards settlement of reasonable expenses incurred in the sale or auction of the said goods, equipment or things, then to settle the outstanding riverine traffic fee and the surplus to be paid, on demand, to the owner, master or agent of the vessel.
[Ins. Cap. A127.]
Power of Riverine Transport Officer in investigation