Road Transport Act 1987 [Act 333]

85A Construction of structures for advertisement, etc.   cite [+]

(1) The Minister charged with the responsibility for works (in this section hereinafter referred to as "Minister") in relation to any road reserve bordering on a Federal road or the appropriate authority in relation to any other road reserve, within the area of such authority, may, subject to subsection (2), if the road reserve is for the time being not being used for the purpose for which it is reserved, grant a right of occupation of the whole or any part of the road reserve to any person for the purpose of erecting structures for advertisement or other public announcement for such duration and on such terms and conditions, including occupancy charges, as the Minister or the appropriate authority may determine.

(2) No such right of occupation may be granted unless plans containing details of the layout of the structure (including such particulars as may be prescribed) have been submitted to and approved by the Minister or the appropriate authority, as the case may be, who may require the payment of security deposit and the purchase of public liability insurance, of such sum as the Minister or the appropriate authority thinks fit, by the applicant as part of the condition for the approval.

(3) The Minister or the appropriate authority, as the case may be, may make rules to regulate and control the construction of the structures.

86 Restriction of vehicles on bridges   cite [+]

(1) Where the Minister charged with the responsibility for works in relation to a bridge on a Federal road, or the appropriate authority in relation to any other bridge, within the area of such authority, is satisfied that the bridge is insufficient-

(a) to carry a vehicle the weight of which exceeds a certain maximum weight;

(b) to carry a vehicle the axle weight of which exceeds a certain maximum axle weight; or

(c) to carry a vehicle the weight or the axle weight respectively of which exceeds a certain maximum weight when traveling at more than a certain maximum speed, he or it may, by a conspicuous notice placed in a proper position at each end of the bridge, prohibit the use of the bridge, as the case may be, by a vehicle weighing more than the weight specified in such notice, or by a vehicle the axle weights of which are more than the axle weight specified in such notice when travelling at more than a speed specified in the notice.


(2) For the purposes of this section-

(a) "axle weight" means the weight transmitted to any strip of the surface upon which the vehicle rests contained between any two parallel lines drawn 0.6 metre apart on that surface at right angles to the longitudinal axis of the vehicle;

(b) "placed in a proper position" means placed in such a position either at or near the bridge or on or near the road leading to the bridge so as to be visible at a reasonable distance to the drivers of vehicles approaching the bridges;

(c) "weight" means the actual weight of the vehicle at the time, including the weight of every person and thing carried on it or by it, and for the purposes of this paragraph, a vehicle and any trailer drawn thereby shall be deemed to be a single vehicle.


(3) If a vehicle is driven on or across a bridge in contravention of this section, any person who so drives it, or causes or permits it to be so driven shall, without prejudice to any civil liability incurred by him in the case of damage being caused to the bridge or otherwise, be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(4) If in any proceedings under this section the prosecutor satisfies the court that there are reasonable grounds for believing that the weight of the vehicle exceeded the maximum weight specified in the notice, or that any axle weight of the vehicle exceeded the maximum axle weight so specified, the burden shall lie on the defendant to prove that the weight of the vehicle, or every axle weight of the vehicle, as the case may be, did not exceed such maximum weight or maximum axle weight.

(5) Where the maximum permissible laden weight of any vehicle is indicated by marks placed thereon in accordance with any written law for the time being in force, the weight of that vehicle shall be taken to be not less than the weight so indicated, unless the person charged with an offence under this section proves, to the satisfaction of the court, that at the time of passing over the bridge the weight of that vehicle was some lesser weight.

87 Provisions as to extraordinary traffic   cite [+]

Where as respects any road it appears that, having regard to the average expense of repairing that road or other similar roads in the neighbourhood, extraordinary expenses have been incurred in repairing that road by reason of the damage caused by excessive weight passing along that road or by other extraordinary traffic thereon, the Government or the appropriate authority which has incurred such expenses may recover from any person by or in consequence of whose order or act the traffic has been carried on or conducted, or from the owner of the vehicles constituting the traffic, the amount of such expenses as may be proved to the satisfaction of the court having cognizance of the case to have been incurred by reason of damage arising from such extraordinary weight or traffic.

88 Rules   cite [+]

(1) The Minister may make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and generally for the purpose of carrying this Part into effect and for regulating traffic on roads and relieving congestion and facilitating the providing for the safety of road users and, without prejudice to the generality of the foregoing provisions, may make rules-

(a) for regulating the number and nature of brakes, including skid pans and locking chains in the case of vehicles drawn by horses or cattle, of any class or description of vehicles when used on roads and for securing that such brakes shall be efficient and kept in proper working order and for empowering persons authorized under the rules to test and inspect any such brakes, whether on a road or elsewhere;

(b) to prohibit the use on roads or on any particular class of roads or on any particular road of any wheels, tracks or tyres of a kind likely to cause damage to such roads;

(c) to prohibit any class or description of vehicles, or any pedestrians to be on or to travel along any part of any road;

(d) for prescribing the appliances to be fitted to bicycles, electric bicycles, tricycles or trishaws (not being motor vehicles) for signalling their presence when used on roads, and for securing that the riders of such vehicles shall by means of such appliances give sufficient warning of their presence;

(e) for prescribing the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried on roads;

(f) for prescribing the manner in which vehicles used on roads shall be loaded and the precautions to be taken for ensuring the safety of the public in connection therewith;

(g) for prescribing the conditions subject to which, and the times at which, goods may be loaded onto or unloaded from vehicles or vehicles of any particular class or description on roads;

(h) for prescribing rules as to the precedence to be observed as between traffic proceeding in the same direction, or in opposite directions, or when crossing;

(i) for prescribing the conditions subject to which, and the times at which, animals may be led or driven on roads;

(j) for prohibiting or prescribing the conditions subject to which vehicles, or vehicles of any particular class or description, may remain stationary or left unattended on any road, any particular class of roads or on any particular road;

(k) for prohibiting animals from being on or being left unattended or not under due control on roads or any particular class of roads or on any particular road;

(l) for restricting the use of vehicles, animals and persons on public roads for the purpose of advertisement of such a nature, or in such a manner, as to be likely to be a source of danger or to cause obstruction to traffic;

(m) for restricting and regulating the use on roads of vehicles engaged in the erection, placing, removal, alteration or repair of lamps, overhead cables and road or street works;

(n) for restricting or prohibiting the washing of vehicles and animals on roads;

(o) for prescribing the lights and reflectors to be carried on vehicles, or on vehicles of any particular class or description when such vehicles are being used on roads, and prescribing the nature of such lights and reflectors, the position in which, and the colour of the background on which, they shall be fixed and the period during which any lights so carried shall be lit;

(p) for prescribing the number of persons who may be carried upon pedal bicycles, electric bicycles, pedal tricycles or trishaws on roads and the manner in which they may be carried;

(q) for prescribing the size, colour and type of traffic signs to be placed on or near roads;

(r) for requiring drivers and persons in charge of motor vehicles and vehicles to drive and use such vehicles, and persons using roads to use such roads, in accordance with rules made under this Part, and to comply with all directions given to them by any police officer or traffic warden for the time being engaged in the regulation of traffic;

(s) to require persons driving or being carried on motorcycles to wear protective helmets, and to specify the class or description of such motorcycles; to prescribe such protective helmets with reference to shape, construction, labelling, marking or any other quality, and to prohibit the sale, offer for sale, letting on hire, offer to let on hire or supply of helmets when they are not so prescribed:


Provided that no rules shall be made in respect of the matter specified in paragraphs (b), (c), (e), (i), (j), (k), (m), (n) and (q) without the consultation of the Minister charged with the responsibility for works.

Provided further that no rules shall be made in respect of the matter specified in paragraphs (e), (g) and (h) in relation to operators of public service vehicles service, tourism vehicles services and goods vehicles service licensed under the Land Public Transport Act 2010.

(2) The Minister charged with the responsibility for works in relation to a Federal road, may make rules to prohibit any person from using a road in such a manner as to be likely to affect its cleanliness.

(3) Rules under this section may provide for the revocation of any rules or by-laws dealing with the same subject matter as the rules and for suspending, whilst the rules remain in force, any power of making any such rules or by-laws.

(4) Rules under this section may exempt or may confer upon any officer or authority, including any local authority, power to exempt from the provision of any rule made under this section any person or class or description of persons or any vehicles or class or description of vehicles.


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.

SEARCH LEGISLATION
Title:


Number: