Sarawak CVLB Policy Changes in 2016

The Board at the Board Meeting No. 2/2016 has agreed to make improvements on the policy of issuing new licenses and renewal of the existing ‘A’ Carrier License for the assistant driver section as follows:

The grant of licenses is given to residents of Sarawak or have at least 51% equity holding of residents of Sarawak which only covers new license applications. However, this improvement is not subject to additional license applications for existing companies that have been registered with CVLB Sarawak previously.

The Board at the Board Meeting No.7/2016 and No.8/2016, has agreed to set the age limit for licensing vehicles for Stage Buses extended to 15 years from the date of registration at JPJ and the criteria for a vehicle to be licensed as a public service bus ( BBH) with an age limit of more than 10 years and less than 15 years from the date of registration at JPJ for the purpose of changing the conditions of replacement of vehicles including technical aspects and image aspects as follows:

Technical Aspect:

1. Drawings of vehicles to be used as BBH must be approved by the Director General in terms of construction and use specifications
2. Approved for use by the Director General as BBH;
3. Passed Puspakom preliminary examination (PG11A, PG13B & Appendix B); and
4. No. Chassis and No. The engine is not disturbed in accordance with sec. 7 ACT 333.

Image Aspect :

1. The seating condition is comfortable, neat, not torn and clean;
2. Retention of existing company corporate colors; and
3. The color of the vehicle must be in a non -fading, non -scratch and satisfactory condition.

The Board at the Board Meeting No.7/2016 has agreed to consider the proposed improvement of the Guidelines for Revocation and Suspension of Licenses Under Section 25 of ACT 334 in an effort to establish a uniform procedure in implementing actions under Section 25 ACT 334 to revoke or suspend a license approved and granted in accordance with the ACT.

In this regard, a license may be suspended or revoked by the Board based on the following offenses:

1. The driver’s Vocational License has been suspended / revoked by the director of JPJ under Sec. 56 ACT 333 due to a matter or case pending with JPJ or PDRM (submit a copy of the State JPJ action letter);
2. Frequent violation of license conditions with evidence of a court report for the offense of carrying more than the allowable load limit / unloading load before being weighed by a transport officer or police officer. (involved 3 times convictions in PDRM /JPJ court submit court report);
3. Court conviction for any offense in accordance with the provisions of ACT 333/334 or any other written (accident due to negligence and danger / smuggling / crime / drugs / etc) Court report from any relevant agenda;
4. Making any false statement (During the application or renewal of a license or during the written record of an interview session).

The Board at the Board Meeting No. 9/2016 has agreed to consider the Improvement of the Guidelines for Conversion and Transfer of Ownership of Equity of Licensed Transport Companies with CVLB Sarawak.

Section 39 (1) of ACT 334 explains that a license granted under Act 334 shall be special to its holder and shall not be transferable or assignable. Pursuant to the provisions of Section 39 (4) of the same Act, the change or transfer of ownership of a license involving the change of the entire existing company to a new company may also be considered by the Board for reasons that the Board is satisfied such as:

1. the occurrence of death
2. bankruptcy;
3. disability; and
4. berlakunya ketidakadilan di kalangan pemegang saham syarikat sekiranya tidak dilakukan pemindahmilikan lesen itu.

However, for private company ownership and partnership 100% transfer for license ownership is not allowed except to the immediate family or one of the existing equity holders still remains with the maximum equity holding in safeguarding the interests of the company.