LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 715

LAND PUBLIC TRANSPORT ACT

2010
As at 1 November 2015
34 Laws of Malaysia ACT 715

(2) For the purposes of this section, “control” in relation to a

terminal licensee, means having the power, directly or indirectly, to
direct the management and policy of the terminal licensee.

(3) A terminal licensee who fails to comply with subsection (1)

commits an offence and shall, on conviction, be liable to a fine of not
less than one thousand ringgit but not more than ten thousand ringgit
or to imprisonment for a term not exceeding six months or to both.

Chapter 3

Area congestion pricing schemes, route planning, etc.

Area congestion pricing schemes

13. (1) Notwithstanding anything in any other written law, the

Minister may, by order published in the Gazette, prescribe the area
congestion pricing charge to be paid by users of roads situated within
any designated area, provided that an order in respect of any road
situated within the jurisdiction of an appropriate authority described in
paragraphs 67(a), (b), (c) and (e) of the Road Transport Act 1987 shall
be made with the concurrence of that appropriate authority.

(2) An order under subsection (1) shall specify —

(a) the parts of the roads in a designated area in respect of

which an area congestion pricing charge may be
demanded, collected and retained;

(b) the person authorized to demand and collect, and the

person authorized to retain, the area congestion pricing
charge, including the duration of such authorization;

(c) the duties and obligations of the person or persons

authorized under paragraph (b);

(d) the persons and classes of vehicles in respect of which area

congestion pricing charge may be demanded, collected
and retained;
 Land Public Transport 35

(e) the rate or rates of area congestion pricing charge that may
be imposed;

(f) the time and manner of payment of area congestion pricing

charge, including the place or point of collection and the
time when such moneys are paid to be paid;

(g) the persons or classes of vehicles to be exempted from the

payment of area congestion pricing charge for such period
as may be prescribed in the order, subject to such
conditions as are deemed fit to be imposed in connection
therewith; and

(h) any other circumstances or conditions, not falling within

this subsection that relate to the demand, collection and
retention of area congestion pricing charge.

(3) A person who fails to pay the area congestion pricing charge in
the manner specified in the order under subsection (1) or regulations
made under this Act commits 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) Where an area congestion pricing charge is prescribed pursuant

to this section in respect of any road situated within the jurisdiction of
an appropriate authority described in paragraphs 67(a), (b), (c) and (e)
of the Road Transport Act 1987—

(a) the responsibility of demanding and collecting the proceeds

of such area congestion pricing charge is assigned to such
appropriate authority;

(b) such appropriate authority shall pay or cause to be paid the

remaining portion of the proceeds of area congestion
pricing charge into the Fund in accordance with
subsection (5) after accounting for such amounts as
described in paragraphs (c) and (d);
36 Laws of Malaysia ACT 715

(c) such appropriate authority shall be entitled to such

proportion of the proceeds of area congestion pricing
charge as may be prescribed and assigned to it by the
Minister from time to time; and

(d) such appropriate authority shall be reimbursed at actual

documented cost for necessary incidental expenses
incurred, with the prior written consent of the Minister, in
connection with the performance of its responsibility under
paragraph (a).

(5) The remaining portion of the proceeds of area congestion

pricing charge demanded and collected pursuant to an order under
this section shall, after accounting for all amounts due under
paragraphs (4)(c) and (d) to the appropriate authority, be paid into
and form part of the Fund, in the prescribed manner.

(6) For the purposes of this section—

“collection” shall include recovery at law or otherwise of any area

congestion pricing charge or portion thereof;

“point of collection” means the point designated in an order under

this section as the point at which area congestion pricing charge shall
be payable to and collected by the person authorized in the order to
demand and collect the area congestion pricing charge.

(7) Notwithstanding any other written law, no Government Entity

may exercise its right to impose, demand, collect and retain any area
congestion pricing charge or any proceeds thereof under any other
written law or otherwise, without the approval of the Minister.

Prohibition or restriction of use of roads to facilitate the movement

of goods vehicles

14. (1) Without prejudice to section 13, the Commission may, by

order published in the Gazette, prohibit or restrict the use of specified
roads by prescribed vehicles within specified times to facilitate the
movement of goods vehicles, provided that an order in respect of any