Establishment of commercial vehicles licensing boards
(1) There shall be established respectively for Sabah and Sarawak a commercial vehicles licensing board to be known as the “Commercial Vehicles Licensing Board Sabah” and the “Commercial Vehicles Licensing Board Sarawak”. (2) For the purposes of this Act, the commercial vehicles licensing board for the Federal Territory of Labuan shall be the Commercial Vehicles Licensing Board Sabah.
(Deleted by Act A1376).
Membership of the Commercial Vehicles Licensing Board Sabah
The Commercial Vehicles Licensing Board Sabah shall consist of the following members to be appointed by the Minister: (a) a Chairman; (aa) a Deputy Chairman; (b) a representative of the State Ministry charged with the responsibility for transport; (c) a representative of the Road Transport Department; (d) a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles, who shall be the Board Secretary; and (e) not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport.
Membership of the Commercial Vehicles Licensing Board Sarawak
The Commercial Vehicles Licensing Board Sarawak shall consist of the following members to be appointed by the Minister: (a) a Chairman; (aa) a Deputy Chairman; (b) a representative of the State Ministry charged with the responsibility for transport; (c) a representative of the Road Transport Department; (d) a representative of the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles, who shall be the Board Secretary; and (e) not more than six persons who in the opinion of the Minister have had wide experience or special knowledge in matters relating to transport. *NOTE—see sections 9 to 12 of Commercial Vehicles Licensing Board (Amendment) Act 2010 [Act A1376].
Temporary exercise of functions of Chairman
The Minister may appoint any member of the Board or any other person as he thinks fit to exercise the functions of the Chairman during the period in which the Chairman is for any reason unable to exercise his functions or during the period of any vacancy in the office of the Chairman, and such member or other person shall, during the period in which he is exercising the functions of the Chairman under this section, be deemed to be the Chairman.
Committees
(1) The Board may appoint any committee of two or more persons to assist it in discharging its functions under this Act. (2) The procedure and functions of any committee appointed under subsection (1) shall be determined by the Board: Provided that such committee shall keep minutes of its proceedings and copies of such minutes shall forthwith be tabled before the Board.
Appointment of Board Officer
The Minister may, by notification in the Gazette, appoint any officer from the Federal Ministry charged with the responsibility for matters relating to the licensing of commercial vehicles to be a Board Officer as he thinks fit.
Provisions relating to members of the Board and committee
(1) No person shall be appointed as a member of the Board or as a member of any committee unless before such appointment such person makes a statutory declaration whether he has any and if so what financial interest in any undertaking involving commercial vehicles. (2) If any member of the Board or a committee acquires any financial interest in any undertaking involving commercial vehicles he shall, within four weeks after so doing, give notice in writing to the Minister specifying the interest so acquired, and the Minister, after taking the matter into consideration may, if he thinks fit, declare that the member has vacated his office. (3) The Chairman and members of the Board appointed under sections 5 and 6 shall hold office for such term not exceeding three years as the Minister may determine at the time of their appointment and shall be eligible for re-appointment. (4) The Minister may appoint an alternate member in respect of each member of the Board (excluding the Chairman) to attend a meeting of the Board whenever such member is unable to attend such meeting due to illness, incapacity or any other reason. (5) The Board may appoint an alternate member in respect of each member of a committee to attend a meeting of the committee whenever such member is unable to attend such meeting due to illness, incapacity or any other reason. (6) The Chairman shall be paid such remuneration and allowances as the Minister may determine after consultation with the Minister of Finance. (7) Every member of the Board and of every committee appointed under section 8 may be paid allowances at such rates as the Minister may determine after consultation with the Minister of Finance. (8) Every member of the Board and of every committee appointed under section 8 shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Procedure of the Board and Minister’s general directives
(1) The Minister may make rules to fix the quorum for any meeting of the Board and to prescribe the procedure which shall be followed by the Board for the purpose of determining applications for the issue of a licence or an intermediation business licence or of exercising any other functions conferred on the Board under this Act. (2) Subject to this Act, the Minister may in writing give such general directives on the policy to be followed by the Board in determining applications as he may think desirable in the public interest and the Board shall comply with such general directives.
Delegation by the Board
The Board may in writing delegate to the Chairman, a Board Officer, a road transport officer after consultation with the Director General or any public officer as the Board deems fit, any of its functions other than those which the Minister may by rules expressly require to be discharged by the Board.
Annual reports
(1) The Board shall submit to the Minister, not later than the 30th day of June, an annual report of its proceedings for the previous year containing particulars with respect to such matters as the Minister may direct. (2) The Minister shall cause every such annual report to be laid before both Houses of Parliament.
Information to be given to the Board
All registers and records and other documents kept by any person or authority relating to the grant or refusal, before the coming into force of this Act, of licences to transport goods or passengers, shall be made available by such person or authority to the Board on its request and such person or authority shall furnish the Board with such other information relating to the matters aforesaid as the Board may require for the purpose of carrying out its functions under this Act.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 15 October 2023 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).