Road Traffic Act · 2026 Revised Edition · Part · Public Service Vehicles and Franchises
67. Matters to be considered by Licensing Authority
Official textFrom Attorney General's Chambers, unchanged
On any application to which section 64 applies, the Licensing
Authority in exercising its discretion to grant or refuse a franchise and to attach terms and conditions thereto shall have regard to the following matters —
franchise
“franchise” includes — (a) the grant either of an exclusive right to maintain a public service of road transport within a regulated area or part thereof, or the right to operate, within a regulated area or part thereof, a public service of road transport by a vehicle or vehicles for which a public service vehicle licence is required which is not available to all persons holding licences of the same class: Provided that a right granted is deemed to be a franchise for the purpose of this part of this definition notwithstanding that it does not exclude the Government or persons to whom an exemption has been granted and notwithstanding that it may cease to be exclusive by virtue of the exercise by the Licensing Authority of the powers conferred by this Act or by any franchise issued hereunder; and (b) whether or not paragraph (a) applies, the grant of the right under section 64 to operate within a regulated area or part thereof a stage carriage of any class or description of public service vehicle to which section 64 from time to time applies;
the extent to which the proposed service is necessary or desirable in the public interest;
the maintenance of efficient transport services in a regulated area;
regulated area
“regulated area” means any area declared to be a regulated area under section 48;
the suitability of the roads on which a service is intended to be provided;
the extent, if any, to which the transport needs of the proposed routes or areas or any of them are already served;
the financial ability of the applicant to provide the proposed service, and whether the applicant is resident and carrying on business in Brunei Darussalam and whether the greater part of the capital required for operation is derived or to be derived from persons resident or operating in Brunei Darussalam;
the previous conduct of the applicant in the capacity of a carrier of goods or passengers or as the holder of a public service vehicle licence;
public service vehicle
“public service vehicle” means a motor vehicle ordinarily used, whether in part or in whole, for the purpose of conveying passengers or goods or both, for hire or reward, whether under contract to a person plying for hire or generally, and, in the case of a tractor, includes any trailer attached to it;
the proposals of the applicant as to —
the maximum and minimum charges for the carriage of goods and passengers;
Road Traffic
road
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
the class or classes of goods to be carried;
the number and type of vehicles proposed to be used and the specifications thereof;
the facilities at the disposal of the applicant for carrying out vehicle maintenance and mechanical repairs and overhaul of vehicles;
vehicle
“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
the conditions of service of employees of the applicant;
the public purposes (if any) to which profits to be derived from the proposed service are to be applied.
Terms defined in s 2
franchise
Defined · s 2“franchise” includes — (a) the grant either of an exclusive right to maintain a public service of road transport within a regulated area or part thereof, or the right to operate, within a regulated area or part thereof, a public service of road transport by a vehicle or vehicles for which a public service vehicle licence is required which is not available to all persons holding licences of the same class: Provided that a right granted is deemed to be a franchise for the purpose of this part of this definition notwithstanding that it does not exclude the Government or persons to whom an exemption has been granted and notwithstanding that it may cease to be exclusive by virtue of the exercise by the Licensing Authority of the powers conferred by this Act or by any franchise issued hereunder; and (b) whether or not paragraph (a) applies, the grant of the right under section 64 to operate within a regulated area or part thereof a stage carriage of any class or description of public service vehicle to which section 64 from time to time applies;
Licensing Authority
Defined · s 2“Licensing Authority” means the Motor Transport Licensing Authority established under section 49;
public service vehicle
Defined · s 2“public service vehicle” means a motor vehicle ordinarily used, whether in part or in whole, for the purpose of conveying passengers or goods or both, for hire or reward, whether under contract to a person plying for hire or generally, and, in the case of a tractor, includes any trailer attached to it;
regulated area
Defined · s 2“regulated area” means any area declared to be a regulated area under section 48;
road
Defined · s 2“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
traffic
Defined · s 2“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;
vehicle
Defined · s 2“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.
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Certificates of Fitness
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Traffic on Roads
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Powers of Police
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