67 Interpretation cite [+]
For the purposes of this Part, unless the context otherwise requires-
(a) in relation to any road other than a Federal road situated within the area of any local authority, means a local authority declared for the said purpose to be an appropriate authority by the Minister charged with the responsibility for local government after consultation with the appropriate State Government and the Minister charged with the responsibility for works;
(b) in relation to any road, other than a designated Federal Territory road, situated within the Federal Territory of Kuala Lumpur, means the Dato Bandar, and in relation to any other road, other than a designated Federal Territory road, situated within any other Federal Territory, means the President of the Municipality of the Federal Territory;
(c) in relation to any road other than a Federal road situated in a State but not in any area described in paragraph (a) or (b), means the Government of the State;
(d) in relation to any road under the jurisdiction of the Highway Authority Malaysia, means the Director General of Highway Authority;
(e) in relation to any road situated within the Federal Territory of Putrajaya, means the Perbadanan Putrajaya;
"designated Federal Territory road" means a road in a Federal Territory declared to be a designated Federal Territory road by the Minister charged with the responsibility for works after consultation with the Dato Bandar where the road is in the Federal Territory of Kuala Lumpur, or the President of the Municipality of any other Federal Territory where the road is in such other Federal Territory;
"Federal road" means a designated Federal Territory road and a road declared to be Federal under Federal law.
(1) The Minister shall prepare a code (in this Act referred to as the "highway code") comprising such directions as appear to him to be proper for the guidance of persons using roads and may from time to time revise the code by revoking, varying, amending, or adding to the provisions in such manner as he thinks fit.
(2) The highway code and any alterations proposed to be made in the provisions of the code on any revision thereof shall, as soon as prepared by the Minister, be published in the Gazette.
(3) Failure on the part of any person to observe any provisions of the highway code shall not of itself render that person liable to criminal proceedings of any kind, but any such failure may in any proceedings, whether civil or criminal, be relied on by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.
(1) The Minister may, by order published in the Gazette, prescribe a national speed limit for all roads in Malaysia.
(1A) Notwithstanding subsection (1), the Minister charged with the responsibility for works may, by order published in the Gazette, prescribe for any highways or any part thereof a speed limit which is lower, or with the concurrence of the Minister, higher than the national speed limit.
(1B) Any person who fails to observe the national speed limit prescribed under subsection (1) or the speed limit prescribed in subsection (1A) shall be guilty of an offence.
(2) Notwithstanding subsection (1), the Minister charged with the responsibility for works in relation to a Federal road, including highways, and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order published in the Gazette, prohibit the driving of motor vehicles, or of any specified class or description of motor vehicles, at a speed greater than the speed specified in such order, over any road or part thereof specified in the order, and either generally or at a specified time or times:
Provided that the speed specified in such order shall not exceed that of the national speed limit or in relation to highways or part thereof, the speed limit prescribed under subsection (1A) for that highway or part thereof.
(3) The following persons shall erect and maintain in such positions in any place as shall give adequate notice of the speed limit prescribed under subsections (1) and (1A) and the prohibition under subsection (2), such traffic signs as shall be prescribed, indicating the nature of the prohibition:
(a) in relation to a Federal road which is also a highway, the Director General of Highway Authority or any person with proper authority from the Director General of Highway Authority, who is a person authorized under the Federal Roads (Private Management) Act 1984 [Act 306];
(b) in relation to a Federal road which is not a highway, the Director General of Public Works; and
(c) in relation to any other road within the area of any local authority, the relevant local authority.
(4) In this section, "highway" means-
(a) a Federal road where the traffic for both directions is separated by median and where its intersections are connected to public roads by interchanges without any direct connection to any private roads; or
(b) a Federal road declared to be a highway by the Minister charged with the responsibility for works by an order published in the Gazette, which is a road where the traffic for both directions is separated by median and where its intersections are connected to public or private roads.
70 Power to restrict use of vehicles on specified roads cite [+]
(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.
(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:
(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.
(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:
(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.
71 Power to restrict vehicles cite [+]
(1) Without prejudice to section 70, any appropriate authority approved by the Minister may, by order published in the Gazette, prohibit or restrict the driving or use of any class or description of vehicles or vehicles with such number of passengers as may be specified along any road or along roads within the area of the authority.
(2) The prohibition or restriction under subsection (1) may be subject to the payment of fees and in such a case the order shall specify the fees payable and the manner of collection therefor.
(3) This section shall not apply to any congestion pricing scheme or the subject matter of any order which may be made under section 13 of the Land Public Transport Act 2010.
72 Provision of parking places and stands cite [+]
(1) Any appropriate authority or public body may, by order published in the Gazette, provide suitable parking places for vehicles or stands for public service vehicles or goods vehicles in accordance with this Act, and for that purpose may-
(a) utilize any lands which may lawfully be acquired or appropriated for the purpose; or
(b) by such order authorize the use as a parking place or stands for public service vehicles or goods vehicles of any part of a road:
(aa) no such order shall authorize the use of any part of a road so as to unreasonably prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance;
(bb) an order under this section relating to a Federal road or affecting public service vehicles or goods vehicles shall not be made without the concurrence of the Minister.
(2) The appropriate authority or public body may take all such steps as may be necessary to adapt for use as a parking place or stands for public service vehicles or goods vehicles any land not being part of a road which may be conveniently utilised for that purpose.
(3) An order under subsection (1) may prescribe-
(a) the vehicles or class of vehicles which may use such parking place or stand and the period during which and the conditions subject to which such parking place or stand may be used; and
(b) the charge, if any, to be made for the use of such parking place.
(4) Where any charge for the use of such parking place is to be made or intended to be made pursuant to any order under this section, such order shall specify-
(a) the parking place designated for the leaving of vehicles; and
(b) the times (whether at all times or between such hours) during which vehicles may be parked in a parking place,
and may further make provision in a parking place for any of the following matters:
(aa) the number and dimension of the spaces to be provided;
(bb) the positions in which such vehicles shall be driven in or taken out;
(cc) the manner in which such vehicles shall be driven in or taken out;
(dd) the prohibition or restriction of waiting therein, whether in the positions aforesaid or elsewhere, of other vehicles;
(ee) the positions in which other vehicles permitted by the order to wait or for any purpose specified in the order shall wait;
(ff) the charges to be levied in respect of the use and the manner of its collection;
(gg) the removal therefrom and the safe custody of any vehicle in respect of which there has been a contravention of or non-compliance with the provisions of the order or any rules made under this Act;
(hh) the erection and installation of any apparatus of a type or design, either generally or specially approved by the Minister (which shall be described as a "parking meter");
(ii) the prohibition or restriction therein of the carrying on of trades or other activities or the doing of any other thing;
(jj) the indication of such parking place by means of traffic signs in accordance with section 77:
Provided that nothing in this subsection shall be construed as requiring spaces of sufficient size to be provided in any parking place to accommodate any particular vehicle.
(5) A notice stating the substance of the order and the charge prescribed thereby shall be erected and maintained by the appropriate authority at or near such parking place or stand.
(6) It shall not be lawful for the driver of any vehicle or any person employed in connection therewith to ply for hire or accept passengers for hire or reward while any vehicle is within a parking place which has not also been gazetted as a stand for public service vehicles and any person who acts in contravention of this subsection shall be guilty of an offence.
(7) If any person, without lawful excuse, contravenes or fails to comply with an order made under this section, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred ringgit.
(8) The appropriate authority or public body shall not incur any liability in respect of any loss or damage to any vehicle or the fittings or contents of any vehicle parked in any parking place authorized or designated under this section.
73 Reservation of parking place for Diplomatic Missions cite [+]
(1) The Minister in relation to a Federal road, and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order, reserve to any accredited Diplomatic Mission any part of any road as a parking place for the vehicle or vehicles of the said Mission.
(2) Subsection 72(7) shall apply to an order made under this section as they apply to an order made under subsection 72(1).
74 Parking place for disabled persons cite [+]
The Minister in relation to a Federal road, and the appropriate authority in relation to a road other than a Federal road, within the area of such authority, may by order, reserve any part of any road as a parking place for the vehicles of disabled persons.
75 Pedestrian crossings cite [+]
(1) Crossings for pedestrians (in this section hereinafter referred to as "crossing") may be established on roads in accordance with this section, and not otherwise.
(2) The Minister, with the concurrence of the Minister charged with the responsibility for works, may make rules with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians) at and in the vicinity of a crossing (including rules prohibiting pedestrians on the carriageway within one hundred metres of a crossing), and with respect to the indication of the limits of a crossing by marks on the roadway or otherwise, and to the erection of traffic signs in connection therewith.
(3) Different rules may be made under this section in relation to different traffic conditions and in particular, but without prejudice to the generality of the foregoing, different rules may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and to traffic which is controlled by the police, by traffic warden and by traffic signals and by different kinds of traffic signals and to traffic which is not so controlled.
(4) An appropriate authority may, with the approval of the Minister charged with the responsibility for works in relation to a Federal road, and in any case after consultation with the Chief Police Officer, establish such crossings as it thinks fit, and shall execute any works (including the placing, erection and maintenance of marks and traffic signs) required in connection with such crossings, or with the indication in accordance with the rules made under this section.
(5) If any person contravenes any rule having effect in relation to a crossing he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit.
76 Duty of pedestrians to comply with traffic directions cite [+]
Where a police officer in uniform or a traffic warden in uniform is for the time being engaged in regulating vehicular traffic on a road, any pedestrian who proceeds across or along the carriageway in contravention of a direction to stop given by the officer in the execution of his duty, either to pedestrians or to pedestrians and other traffic, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit.