Road Traffic Act · s 64

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64.
Grant of franchise
(1) The Licensing Authority, subject to the provisions of this section and section 67, upon application under section 63, may grant or refuse any franchise:
Provided that —
(a) no franchise shall be granted for a period exceeding 7 years, and shall in any case not exceed such period, if any, as may be prescribed for a franchise of a particular class or description;
(b) the Licensing Authority shall not without the consent of
His Majesty the Sultan and Yang Di-Pertuan grant any franchise inconsistent with the tenor of the declaration in respect thereof made under section 63;
(c) if it proposes to grant a franchise, the Licensing Authority shall first announce by notice published in the Gazette that the grant

Road Traffic 64
of a franchise to a particular person is proposed, together with such details of the terms thereof as shall in the opinion of the chairman suffice to enable objections to be made thereto and shall provide by such notice for the time within which and the manner in which objections shall be made to the grant of the proposed franchise;
(d) if any objection is made within due time, being an objection which the Licensing Authority is bound to take into consideration under subsection (2), the Licensing Authority shall hold a public inquiry consistent with the rules of natural justice or, if a specific procedure is prescribed, then in accordance therewith;
(e) if the Licensing Authority refuses any application for a franchise, it shall inform the applicant accordingly and also of his right of appeal under section 70.
(2) It shall be the duty of the Licensing Authority on any application to which subsection (1) applies to take into consideration any objection to the application which may be made —
(a) by any local authority having jurisdiction in and by any person resident in the regulated area; or
(b) by persons who are already providing facilities (whether by means of road transport or any other kind of transport) for the carriage of passengers for hire or reward in such regulated area, on the ground that —
(i) suitable transport facilities exist for the route in respect of which it is proposed to grant the franchise;
(ii) if the franchise were granted, transport facilities for such route would be in excess of requirements;
(iii) the applicant has failed to comply with the terms of a franchise held by him;
(iv) the Licensing Authority has not exercised its discretion in accordance with the provisions of section 67; or
(v) it is not necessary or desirable in the public interest —
(A) to grant the franchise; or

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(B) if the franchise is to be granted to grant such franchise to the applicant.
(3) This section applies to every application for a short term franchise as provided by section 60(2), unless the Licensing Authority is of the opinion either —
(a) that, having regard to the trivial nature of the application, it is not necessary that any opportunity should be given for objecting;
or
(b) that the application has been made with reasonable expedition and that the demand for the use of the vehicle to be authorised under the franchise is so urgent as to render compliance with the requirements of this section impracticable or inexpedient.
(4) Where, as provided for in this section, any person objects to the grant of a franchise, the burden of satisfying the Licensing Authority that such objection is well founded shall lie upon such person.
(5) The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations apply the provisions of this section to any class or description of public service vehicle in addition to a stage carriage.

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s 64Grant of franchise

(1)

The Licensing Authority, subject to the provisions of this section and section 67, upon application under section 63, may grant or refuse any franchise:

Provided that —

(a)

no franchise shall be granted for a period exceeding 7 years, and shall in any case not exceed such period, if any, as may be prescribed for a franchise of a particular class or description;

(b)

the Licensing Authority shall not without the consent of

His Majesty the Sultan and Yang Di-Pertuan grant any franchise inconsistent with the tenor of the declaration in respect thereof made under section 63;

(c)

if it proposes to grant a franchise, the Licensing Authority shall first announce by notice published in the Gazette that the grant

Road Traffic 64

of a franchise to a particular person is proposed, together with such details of the terms thereof as shall in the opinion of the chairman suffice to enable objections to be made thereto and shall provide by such notice for the time within which and the manner in which objections shall be made to the grant of the proposed franchise;

(d)

if any objection is made within due time, being an objection which the Licensing Authority is bound to take into consideration under subsection (2), the Licensing Authority shall hold a public inquiry consistent with the rules of natural justice or, if a specific procedure is prescribed, then in accordance therewith;

(e)

if the Licensing Authority refuses any application for a franchise, it shall inform the applicant accordingly and also of his right of appeal under section 70.

(2)

It shall be the duty of the Licensing Authority on any application to which subsection (1) applies to take into consideration any objection to the application which may be made —

(a)

by any local authority having jurisdiction in and by any person resident in the regulated area; or

(b)

by persons who are already providing facilities (whether by means of road transport or any other kind of transport) for the carriage of passengers for hire or reward in such regulated area, on the ground that —

(i)

suitable transport facilities exist for the route in respect of which it is proposed to grant the franchise;

(ii)

if the franchise were granted, transport facilities for such route would be in excess of requirements;

(iii)

the applicant has failed to comply with the terms of a franchise held by him;

(iv)

the Licensing Authority has not exercised its discretion in accordance with the provisions of section 67; or

(v)

it is not necessary or desirable in the public interest —

(A)

to grant the franchise; or

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(B)

if the franchise is to be granted to grant such franchise to the applicant.

(3)

This section applies to every application for a short term franchise as provided by section 60(2), unless the Licensing Authority is of the opinion either —

(a)

that, having regard to the trivial nature of the application, it is not necessary that any opportunity should be given for objecting;

(b)

that the application has been made with reasonable expedition and that the demand for the use of the vehicle to be authorised under the franchise is so urgent as to render compliance with the requirements of this section impracticable or inexpedient.

(4)

Where, as provided for in this section, any person objects to the grant of a franchise, the burden of satisfying the Licensing Authority that such objection is well founded shall lie upon such person.

(5)

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by regulations apply the provisions of this section to any class or description of public service vehicle in addition to a stage carriage.