Railways Act 1905 · 2020 Revised Edition · Part 7 · Responsibility of Railway Administration as Carriers
38. Liability in respect of vehicles
Feedback & supportThe railway administration shall not be liable for the loss, destruction or deterioration of any traction engine, motor car or other vehicle delivered to it to be carried on the railway unless that vehicle has been delivered into the custody of a railway clerk or station master and a written acknowledgment of the receipt by the railway administration of the vehicle has been obtained.
railway administration
“railway administration”, in the case of a railway administered by the Government or the government of Malaysia, means the manager and includes the Government and also, so long as the railway is in the course of construction, the resident engineer, and, in the case of a railway administered by a railway company, means the railway company;
The responsibility of the railway administration for the loss, destruction or deterioration of traction engines, motor cars and other vehicles delivered into the custody of a railway clerk or station master to be carried on the railway and in respect of which such written acknowledgment as is referred to in subsection (1) has been obtained shall not extend to the payment, in respect of any one vehicle, of any sum in excess of the following limits:
railway
“railway” means a railway or any portion of a railway for the public carriage of passengers, animals or goods and includes —(a)all land within the fences or other boundary marks indicating the limits of the land appurtenant to a railway;(b)all lines of rails, sidings or branches worked over for the purposes of or in connection with a railway;(c)all stations, offices, warehouses, wharves, workshops, manufactories, fixed plant and machinery, and other works constructed for the purposes of or in connection with a railway;(d)all ferries, ships, boats and craft which are used for the traffic of a railway and belong to or are hired or worked by the authority administering the railway;(e)all engines, passenger coaches, and goods and livestock vehicles, or other rolling stock used for the purpose of carrying on the traffic of the railway;(f)all road vehicles used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods, livestock and vehicles; and(g)all aircraft used by or on behalf of or under contract with a railway administration for the conveyance of passengers, parcels, goods and livestock;
in the case of a traction engine or motor car of a kind not herein otherwise specifically referred to — $200;
in the case of a coach, carriage, ghari or omnibus — $100;
in the case of a motor‑bicycle or motor‑tricycle — $50;
in the case of any other vehicle — $10,except where the person delivering or causing delivery of a vehicle into the custody of a railway clerk or station master declared it in writing or caused it to be declared in writing at the time of such delivery to be of a value exceeding the limit hereinbefore prescribed in respect of that vehicle and paid by way of compensation for increased risk a sum, in addition to the prescribed charge for carriage by railway, equal to 1% upon the excess of the value so declared over the limit hereinbefore prescribed.
In this section —
“motor car” includes every description of vehicle propelled by mechanical power other than a traction engine;
“traction engine” means every description of vehicle propelled by mechanical power and constructed for the purpose of drawing a carriage or the carriage of goods and merchandise, and includes rollers, road sprinklers, and every other vehicle propelled by mechanical power not constructed for the conveyance of passengers, but shall not include a fire engine or vehicle used in connection therewith;
“vehicle” includes, in addition to the vehicles mentioned in subsection (2), carts, wagons, vans, lorries, trishaws, bicycles, tricycles, handcarts and other vehicles used or intended to be used for the conveyance of persons or goods.