Road Transport Act 1987 [Act 333]

Part I   cite [+]

PRELIMINARY

1 Short title, application and commencement   cite [+]

(1) This Act may be cited as the Road Transport Act 1987 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into force of different Parts and provisions of this Act.

(3) This Act shall apply throughout Malaysia.

2 Interpretation   cite [+]

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;

"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;

"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;

"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 bicycle" means cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h or sooner if the cyclist stops pedalling;

"electric motor vehicle" means any motor vehicle that is propelled by electrical means and does not include an electric bicycle;

"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];

"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;

"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;


"Minister" means the Minister charged with responsibility for transport;

"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;
"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;

(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; 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;

"President" means the President of the Perbadanan Putrajaya appointed under section 5 of the Perbadanan Putrajaya Act 1995 [Act 536];

"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;

"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;

"Suruhanjaya Pengangkutan Awam Darat" means the Suruhanjaya Pengangkutan Awam Darat established under section 2 of the Suruhanjaya Pengangkutan Awam Darat Act 2010 [Act 714];

"this Act" includes any subsidiary legislation made under this Act;

"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 bicycles, electric bicycles, tricycles, 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 or the Perbadanan Putrajaya 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 of a public service vehicle or goods vehicle;

"weighing machine" includes a portable weighing machine, a static weighing machine and a computerized or electronic weigh in-motion system;

"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.

3 Appointment   cite [+]

(1) There shall be appointed a Director General for Road Transport and such number of Deputy Directors General for Road Transport, Directors for Road Transport, Deputy Directors for Road Transport and other road transport officers as may be considered necessary or expedient for the purposes of this Act.

(2) The Director General shall have the general supervision and direction of all matters relating to road transport throughout Malaysia.

(3) The Director General may prescribe uniforms for road transport officers.

(4) The Dato Bandar may appoint such number of persons in the service of the City of Kuala Lumpur as he considers necessary or expedient for the purposes of this Act to be traffic wardens and may, after consultation with the Inspector General of Police, prescribe uniforms for such officers.

(4A) The Perbadanan Putrajaya may appoint such number of persons in the service of the Perbadanan Putrajaya as it considers necessary or expedient for the purposes of this Act to be traffic wardens and may, after consultation with the Inspector General of Police, prescribe uniforms for such officers.

(5) The Director General shall perform the duties and exercise the rights and powers imposed and conferred upon him by this Act.

(6) The Director General, all road transport officers and all traffic wardens appointed under this section shall be deemed to be public servants for the purposes of Chapter X of the Penal Code [Act 574].

(7) The Director General shall assign a Director to each registration area or each division of the Road Transport Department.

(8) A notification in the Gazette of the appointment of a road transport officer or a traffic warden shall be conclusive evidence that such person was so appointed.

(9) Any officer appointed under any Ordinance repealed by this Act and holding office on the date immediately preceding the appointed day, shall continue in office and shall be deemed to be a road transport officer or a traffic warden, as the case may be, appointed under this section.

3A Authorization to Mayor and officers of City Council   cite [+]

(1) The Minister may, by order published in the Gazette, upon application being made by the Mayor of a City Council, authorize the Mayor and the officers or persons in the service of the City Council to exercise the powers conferred and to perform the duties imposed by this Act on the Dato Bandar or traffic warden, as the case may be.

(2) An order made under subsection (1) may limit the powers to be conferred on and the duties to be performed by the Mayor and the officers or persons in the service of the City Council.

(3) Upon authorization being made under subsection (1), the Mayor and officers or persons in the service of the City Council may exercise the powers conferred and perform the duties imposed by this Act on the Dato Bandar or traffic warden, as the case may be, as if-

(a) references to "Dato Bandar" were references to the Mayor of the City Council;

(b) references to "officer in the service of the City of Kuala Lumpur" and "persons in the service of the City of Kuala Lumpur" were references to officers or persons in the service of the City Council respectively;

(c) references to the "Federal Territory of Kuala Lumpur" were references to that City.


(4) For the purposes of this section-

"City Council" includes a Council of a City and a City;

"Mayor of a City Council" includes Commissioner of a City and "Mayor" shall be construed accordingly.

4 Powers of Dato Bandar and traffic wardens   cite [+]

The powers of the Dato Bandar or the Perbadanan Putrajaya and traffic wardens under this Act shall not be exercised outside or in respect of offences committed outside the Federal Territory of Kuala Lumpur or the Federal Territory of Putrajaya.

4A Powers of police officer and road transport officer   cite [+]

Notwithstanding anything contained in any written law, any police officer or road transport officer shall exercise the powers conferred by this Act in respect of offences committed under this Act on any road.

4B Powers of Minister to appoint other officers   cite [+]

The Minister may appoint any officer of the Suruhanjaya Pengangkutan Awam Darat as he considers necessary or expedient for the purposes of this Act to exercise the powers of a road transport officer.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

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