Section 89 — Railways Enactment 2017

(a)

to provide for the safe carriage of passengers, their luggage and goods;

(b)

to provide for the safe use and maintenance of –

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(i)

terminals; and

(ii)

railways including railway systems and railway premises;

(c)

to regulate the opening and closure of railway stations and railway routes;

(d)

to regulate prescribed related, peripheral or ancillary activities undertaken in connection with the provision of any railway services;

(e)

to provide for all matters relating to consumer standards under this

Enactment;

(f)

to provide for the prevention of trespass of, nuisance or obstruction upon, or damage or injury in relation to, a railway;

(g)

to provide for the minimum standards and specifications in respect of the design, construction and maintenance of the gates or barriers of an occupation crossing and to regulate the use of such crossing;

(h)

to provide for the custody of licenses and operator’s licences, the production, return and surrender of licences and operator’s licences on the expiration, revocation or suspension of the licences and operator’s licences, or variation of the conditions thereof and the custody, production, return and obliteration of documents;

(i)

to provide for the form of register and other records to be kept and maintained by the Director, the opening, maintenance and closure thereof, the inspection and taking of extracts therefrom and the supply of copies thereof;

(j)

to provide for the form of notifications, notices and orders to be made under this Enactment;

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(k)

to provide for the records to be kept by licensees, licensed operators and drivers of railways, the returns to be made and the manner of record-keeping;

(l)

to provide for all matters relating to the provision of information and additional information, and exemptions from providing information by the licensee, licensed operator and terminal licensee and the level of detail, interval, manner and form in which such information is to be provided for purposes of this Enactment;

(m)

to provide for the establishment, administration and regulation of accreditation-based compliance schemes in relation to licensees, licensed operators or drivers of railways and all matters in connection therewith, including the certification of accreditors of such schemes and provisions relating to the enforcement of such schemes;

(n)

to regulate the duties, conduct and conditions of service including hours of duty of drivers, conductors and persons attending to railways;

(o)

to regulate the number of persons to be employed as drivers, conductors and persons attending to railways;

(p)

to provide for the forms and procedures relating to applications for vocational licences by drivers of railway trains, the minimum qualifications to be possessed by such persons, to regulate their conduct, duties and powers, and any matter relating to their terms of service and requirement for continuous training;

(q)

to regulate the manner of payment and collection of fares and freight for railway services and ticketing systems;

(r)

to provide for the safe custody or disposal of any property accidentally left in a railway and the recovery of costs incurred in respect thereof;

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(s)

to prohibit, in connection with the use of railways, the use of any appliances, accessories or machines, or the commission of any acts, which are likely to cause annoyance or danger;

(t)

to provide for the accounts and records to be kept by licensees or licensed operator;

(u)

to provide for the deposit of plans, sections on a scale and a book of reference for the purposes of approval of a railway scheme;

(v)

to provide for the construction, opening and closing and conditions of use of private crossings;

(w)

to provide for the manner and frequency of inspection of a railway after it has been opened;

(x)

to provide for such other matters for which this Enactment makes an express provision for the Minister to make regulations.

(2)

Any regulation made under this Enactment may provide for any act or ommission in contravention of the regulations to be an offence and may provide for penalties of a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Protection against suit and legal proceedings