122 Director General to be informed of convictions and compounds cite [+]
(1) When, during any proceedings leading to the conviction, or upon the conviction, of any person for any criminal offence whatsoever, it comes to the knowledge of the court recording such conviction that such person (whether or not such person is in possession of a licence issued under this Act) is, or has been, or has acted as, the driver or conductor or owner of a public service vehicle, tourism vehicle, goods vehicle or employees vehicle, the court shall forthwith send particulars of such conviction, and of any sentence passed thereon, to the Director General.
(2) Where any court convicts a person of an offence against sections 41 to 49, and the person so convicted is the holder of a licence to drive a motor vehicle, or a licence to act as driver or conductor of a public service vehicle, tourism vehicle, goods vehicle or employees vehicle, the court shall forthwith send particulars of such conviction, and of any such licence (if such particulars can be ascertained), to the Director who granted such licence or to the Director of the registration area in which the person so convicted resides.
(3) Where any officer has compounded an offence pursuant to subsection 120(1), such offence being an offence prescribed as an offence particulars of which are to be sent to the Director General, such officer shall forthwith send particulars of such offence to the Director General.
123 Officers not in uniform to produce identification cards cite [+]
(1) Every police officer or traffic warden when acting against any person under this Act shall, if not in uniform, and every road transport officer when so acting shall, on demand, declare his office and produce to the person against whom he is acting such document establishing his identity as the Commissioner of Police may direct in the case of a police officer, such identification document as the Dato Bandar or the Perbadanan Putrajaya may direct in the case of a traffic warden, and such identification document as the Director General may direct in the case of a road transport officer, to be carried by a police officer, traffic warden and road transport officer respectively.
(2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any police officer not in uniform, any traffic warden not in uniform or any road transport officer if such police officer, traffic warden or road transport officer refuses to declare his office and produce his identification document on demand being made by such person.
124 Payment of licence fees cite [+]
(1) The Director General or a Director may, if he thinks fit and subject to this Act, grant any licence upon receipt of a cheque for the amount of the fee payable or upon any other mode of payment as may be prescribed by the Minister.
(2) Where any cheque issued or other mode of payment made in respect of a licence fee is subsequently dishonoured, the licence shall be void as from the date when it was granted, and the Director General or a Director, as the case may be, shall send to the person to whom the licence was issued, by a registered letter addressed to him to the address given by him, a notice requiring him to deliver up the licence to the Director General or Director, as the case may be, within a period of seven days from the date on which the notice was posted, and if that person fails to comply with such notice within that period he shall 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.
124A Declaration of public body cite [+]
The Minister may declare any body to be a public body for the purposes of this Act.
125 Minister may authorize any person to carry out functions of Director cite [+]
Notwithstanding anything in this Act, the Minister may by rules authorize any person, on such conditions as he deems fit, to carry out any functions of the Director under this Act in respect of the licensing of motor vehicles, the licensing of motor vehicle drivers and the collecting of payments or charges.
126 Power of Minister to authorize or grant licence cite [+]
(1) Notwithstanding anything in this Act, the Minister shall have the power to authorize or grant a licence on such conditions as he may think fit to any person to undertake any function of a road transport officer under this Act as it appears to him to be necessary.
(2) The Minister may make rules for the purposes of subsection (1), and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:
(a) to prescribe the charges, fees or levy which shall be paid to any person authorized or licensed under subsection (1) in respect of services provided;
(b) to prescribe the qualifications of persons to be employed by the person authorized or licensed under subsection (1) and to regulate their competency;
(c) to prescribe the type of records to be kept by the person authorized or licensed under subsection (1);
(d) to prescribe the type of returns to be submitted by the person authorized or licensed under subsection (1) to the Director General at certain intervals; and
(e) to regulate the inspection by the Director General of the premises of the person authorized or licensed under subsection (1) and the records kept thereat.
(3) The Minister may, by order published in the Gazette, authorize a person authorized or licensed under subsection (1) to demand, collect and retain charges, fees or levy prescribed under subsection (2) in respect of the services provided by him.
(4) An order made under subsection (3) shall specify-
(a) the type of services in respect of which charges, fees or levy may be demanded, collected and retained;
(b) the person authorized to demand, collect and retain the charges, fees or levy; and
(c) the duration of the authorization to demand, collect and retain the charges, fees or levy.
(5) Any person authorized under subsection (3) shall-
(a) maintain such accounts, books and records in respect of the payment and collection of charges, fees or levy as the Director General may require;
(b) furnish to the Director General such information, returns and accounts in respect of the payment and collection of charges, fees or levy as the Director General may require; and
(c) permit the Director General or any officer authorized in writing by the Director General to have access to or examine or inspect any document, machinery or equipment maintained or used for the payment or collection of charges, fees or levy.
(6) The authorization of any person under subsection (3) shall not render the Federal Government liable to any person in respect of any injury, damage or loss occasioned by the failure of the person authorized or licensed to carry out his obligations under the Act in respect of which charges, fees or levy are demanded, collected and retained.
(7) If a person authorized or licensed under subsection (1) contravenes or fails to comply with any condition of the authorization or licence or any of the provisions of this section or rules made thereunder for which no penalty is expressly provided the person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(8) Notwithstanding that any person has been authorized or granted a licence under this section to undertake any function of a road transport officer, the Minister may give directions to the Director General or a Director to exercise any of such functions.
(1) An authorization or licence issued under section 126 shall, unless sooner revoked, continue in force for such period as the Minister may determine.
(2) The Minister may revoke any authorization or licence issued under section 126.
(1) The Minister may make rules for any purpose for which rules may be made under this Act and for prescribing anything which may be prescribed under this Act, and generally for the purpose of carrying this Act into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make rules with respect to any of the following matters:
(a) the language and script in which any traffic sign, notice, record, application, return or other document shall be written;
(b) the exemption, with or without conditions, of any persons, or classes of persons, or vehicles or classes of vehicles, from the necessity of complying with any of the requirements of this Act;
(c) the documents, plates and marks to be carried by authorized vehicles or any class of authorized vehicles and the manner in which they are to be carried;
(d) the determination of the number of passengers a public service vehicle or a hire and drive vehicle is constructed or adapted to carry and the number that may be carried;
(e) the carriage of passenger's luggage and goods (including parcels) on public service vehicles;
(f) the equipment to be carried by a public service vehicle;
(g) the types of taximeters that may be authorized, limitations on their use, and the control of the testing, repair and maintenance of taximeters;
(h) the carriage of passengers on goods vehicles;
(i) the granting of vocational licences to drivers and conductors of public service vehicles, employees vehicles and goods vehicles, the procedure of application for such licences, the conditions to be attached thereto, the fees to be charged and the manner of payment therefore;
(j) the testing of applicants for public services vehicles driver licences;
(k) the conduct of persons holding vocational licences and the means of identification to be worn by them;
(l) the conduct of persons employed on or in connection with public service vehicles, of passengers boarding, travelling in or alighting from a public service vehicle and of intending passengers waiting to board a public service vehicle;
(m) the removal from a public service vehicle of any person infringing rules made under paragraph (l);
(n) requiring a passenger on a public service vehicle who is reasonably suspected by the driver or conductor thereof of contravening rules made under paragraph (l) to give his name and address to a police officer or to the driver, conductor or ticket inspector on demand;
(o) requiring a passenger in a public service vehicle to declare, if so requested by the driver, conductor or ticket inspector thereof, the journey he intends to take or has taken in the vehicle, to pay the fare for the whole of such journey and to accept any ticket provided thereof;
(p) requiring, on demand being made for the purpose by the driver, conductor or other person authorized by the licensee of a public service vehicle, production during the journey and surrender at the end of the journey, by the holder thereof, of any ticket issued to him;
(q) requiring a passenger on a public service vehicle, if so requested by the driver or conductor thereof, to leave the vehicle on the completion of the journey for which he has paid the fare;
(r) requiring the surrender by the holder thereof, on expiry of the period or the end of the journey for which it is issued, of a ticket issued to him.
(2) Any rules made by the Minister under this Act shall be published in the Gazette.
127A Power of the Minister to amend schedules cite [+]
The Minister may, by order published in the Gazette, amend any of the schedules.
128 Repeal, transitional and saving cite [+]
(1) The Road Traffic Ordinance 1958 [Ord. No. 49 of 1958] and the Modification of Laws (Road Traffic Ordinance) (Extension and Modification) Order 1984 [P.U. (A) 136/1984] in so far as they do not relate to the licensing of commercial vehicles are hereby repealed:
Provided that all subsidiary legislations made under the repealed Ordinance in so far as they do not relate to the licensing of commercial vehicles shall be deemed to have been made under this Act and shall continue to remain in force until amended or revoked:
Provided further that any certificate, licence, permit, plate, mark, registration certificate or any other document in respect of a motor vehicle, or any reduction of fees or any exemption, issued or granted under the repealed Ordinance and in force immediately before the commencement of this Act shall, in so far as its issue or grant is not inconsistent with this Act, be deemed to have been issued or granted under this Act and shall continue in force until it expires, or is varied, amended or revoked thereunder.
(2) Where any appeal in respect of a decision made under the repealed Ordinance is pending before any authority or court or where any right to appeal in respect of such decision has accrued, the proceedings in respect of the appeal or in respect of any appeal under the accrued right to appeal, shall be continued or had, as the case may be, under this Act as if in respect of a decision under this Act, subject to all such directions as the authority or the court, as the case may be, may deem fit or expedient to give in the matter.
NOTE-S. 128-See section 37 of Act A878-This amendment shall be deemed to have been an integral part of section 128 as from 1 January 1988 and any act done or proceedings instituted in respect of commercial vehicles during the period between the said date and the commencement of Act A878 and its continuation thereafter, if any, is hereby declared lawful and valid, and shall be deemed to be and to have always and at all times been lawful and valid.