Intoxication or breach of duty
Any railway official who—
(a) is in a state of intoxication while discharging any duty; or
(b) refuses or neglects to perform his duty or performs the same in an improper manner,
shall, if the duty is such that the intoxication or refusal, neglect or improper performance of the duty, as the case may be, is likely to endanger the safety of any person or goods carried upon the railway, be guilty of an offence and shall on conviction be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Unlawfully bringing dangerous or offensive goods upon railway
If, in contravention of section 42, any person takes or causes to be taken or deposited any dangerous or offensive goods upon a railway, or tenders or delivers or deposits any such goods for transport upon a railway, such person shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Entering or leaving railway coach, etc., while coach in motion, or travelling irregularly
Any passenger who gets into or upon, or attempts to get into or upon, or quits or attempts to quit any railway coach while such coach is in motion, or who travels or attempts to travel on or in any part of a coach not intended for the use of passengers, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit for each offence.
Entering or leaving railway coach irregularly
Any person who—
(a) at any time enters or leaves or attempts to enter or leave any railway coach otherwise than by the door provided for the purpose on the side of the coach adjacent to the platform or other similar place appointed by the railway company as a place for persons to enter or leave a railway coach; or
(b) opens any outer door of any such coach while it is in motion,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit.
Resisting entry, and entering and refusing to leave full train
Any passenger who—
(a) resists the lawful entry of another passenger into a railway coach or portion of a railway coach not reserved by the railway company for the use of the passenger resisting;
(b) after having been refused admission onto a train by a railway official, on account of the train being full, nevertheless persists in entering or attempting to enter the train; or
(c) having gone on board a train at any place and having been requested by a railway official, on account of the train being full, to leave the train before it has quitted that place, does not comply with that request,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit and, in addition, may be removed from the train by any railway official.
Penalty for disorderly or offensive behaviour or nuisance
Any person who—
(a) behaves in a disorderly or offensive manner or commits any nuisance on a railway coach or upon any railway premises; or
(b) assaults, hinders or obstructs a railway official in the execution of his duties,
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 and in addition, the offender may be removed by any railway official from any such coach or railway premises and shall, if he is a passenger, forfeit his fare.
Penalty for improper use of emergency signal apparatus
Any person who makes improper use of the emergency signal apparatus provided by a railway company in any coach or on any train for the use of passengers to stop a train in case of emergency 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.
Penalty for removing, etc., stakes, pegs or other marks
Any person who removes, defaces or in any way interferes with any stakes, pegs or other marks placed by or for the purposes of a railway company along a railway track or contiguous thereto 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.
Penalty for trespass
Any person who trespasses upon a railway or upon any railway premises shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit and, if any such person refuses to leave the railway or railway premises on being requested to do so by any railway official, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit, and may be immediately removed therefrom.
Penalty for driving any vehicle or animal upon or across a railway
Any person who wilfully rides, leads, or drives upon or across a railway track any vehicle or animal, except when directly crossing the railway track at any road or place appointed for that purpose at a time at which he may lawfully do so, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit for each offence.
Penalty for damage, whether wilful or negligent
(1) Any person who—
(a) wilfully or negligently damages any railway or any property belonging to a railway company;
(b) removes sand, stone, earth or any other matter or thing from banks, bridges, culverts, retaining walls or the railway track belonging to a railway company; or
(c) fells timber in a manner likely to endanger the safety of passing trains or of any person in or upon such trains, or to cause damage to the railway track,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(2) Any person who ties up the wires of wire fencing, breaks down or destroys any fencing or hedges, or does or causes to be done any act that damages or is likely to damage any fence or hedge appertaining to a railway 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.
(3) Any person who, wilfully or negligently, diverts any stream or drain or, by any means, causes water to flow on to a railway or, causes damage to a railway in any manner by water, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(4) Any person who, having any contract for the supply to a railway company of bricks, ballast, timber, fuel, or any other material, or being employed in connection with the supply to the railway company of such material, negligently places or stacks the said material in an unsafe or careless manner, or at less than the prescribed distance from the rails, so that the safety of passing trains or of any person in or upon such trains is endangered 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.
Opening or not properly shutting gates
If—
(a) any person opens or attempts to open any gate set up on either side of any railway track across a road, or passes or attempts to pass, or drives or takes or attempts to drive or take, any vehicle, animal or other thing across the railway tracks; or
(b) in the absence of a gate-keeper, any person omits to shut and fasten and, where necessary, to lock such a gate as aforesaid as soon as he and any vehicle, animal or other thing under his charge has passed through the gate,
he 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.
Maliciously obstructing or attempting to obstruct a railway
If any person unlawfully—
(a) puts, throws or causes to fall against, upon or across a railway any wood, stone or other matter or thing;
(b) takes up, removes, loosens, or displaces any rail, sleeper or other matter or thing appertaining to a railway;
(c) turns, moves, unlocks or diverts any railway points or other machinery appertaining to a railway;
(d) moves any part of the rolling-stock on a railway track or leaves the same on any part of a railway track;
(e) makes, shows, hides or removes any signal or light upon or near a railway; or
(f) does or causes to be done or attempts to do any other act or thing in relation to a railway,
with intent, or with the knowledge that he is likely, to obstruct the working of the railway, or to endanger the safety of any person travelling or being upon the railway, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years.
Maliciously hurting or attempting to hurt persons travelling by train
If any person unlawfully throws or causes to fall or strike at, against, into, or upon any rolling-stock forming part of a train any wood, stone or other matter or thing with intent, or with the knowledge that he is likely, to endanger the safety of any person being in or upon such rolling-stock or in or upon any other rollingstock forming part of the same train, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding twenty-five thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
Penalty for causing train to stop
If any person not being a railway official, without reasonable excuse, by making any gesture or exhibiting any signal or otherwise, causes a moving train to be brought to a standstill, he 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.
Penalty for wilful act or omission endangering passenger
Whoever wilfully does any act, or wilfully omits to do what he is legally bound to do, intending by such act or omission to cause or knowing that he is thereby likely to cause the safety of any person travelling or being upon a railway to be endangered, 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 seven years or to both.
Penalty for negligent act
Any person who rashly or negligently, and without lawful excuse, does any act which is likely to endanger his own safety or that of any person travelling or being upon a railway, 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.
Making false statements, etc.
Any person who, in furnishing any information or making any application under or for the purposes of any provision of this Act, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding thirty thousand ringgit.
Penalty for breach of Act or regulations for which no special penalty is provided
Any person who contravenes or fails to comply with any of the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall, if no other penalty is provided, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Legal duties of railway officials
Every railway official shall be legally bound to do everything necessary for or conducive to the safety of the public, and every such official shall be legally prohibited from doing any act which is likely to cause danger.
Apprehension of offenders
Any person found committing or attempting to commit an offence against this Act or any regulations made thereunder may be arrested, without warrant, by any railway official or by any police officer or by any other person whom such official or police officer may call to his aid, and every person so arrested shall, with all convenient despatch, be taken to the nearest police station to be dealt with according to law:
Provided that a railway official shall not effect any such arrest outside the railway premises.
Recovery of fares, charges or damages
(1) When any person is convicted before a court of criminal jurisdiction for an offence against any of the provisions of this Act or any regulations made thereunder, the court may, in addition to imposing any penalty under this Act, fix or assess the amount of any fare, charge, damages, expenses or sum of money whatsoever which may have become payable by such person to the railway company, and order such amount to be paid by such person to the railway company.
(2) Nothing in subsection (1) shall prevent the recovery of any fare, charge, damages, expenses or other sum of money whatsoever which may have become payable by any person to a railway company by way of a civil claim before a court of civil jurisdiction.
Offence by bodies corporate
(1) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Compounding of offences
(1) The Director General or any officer authorized by him may compound any such offence against this Act or any regulations made thereunder as may be prescribed as an offence which may be compounded by the Director General or any officer authorized by him by collecting from any person reasonably suspected of having committed the same a sum of money not exceeding three hundred ringgit.
(2) The Director General may, with the approval of the Minister, make regulations to prescribe the offences which may be compounded and the method and procedures therefor.
Prosecution
It shall be competent for the Director General or any officer authorized by him to conduct a prosecution for any offence under this Act or any regulations made thereunder before any court.
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).
