Railways Act 1905 · 2020 Revised Edition · Part 9 · Management
81. Occupation crossings
Feedback & supportThe Minister may declare by notification in the Gazette any road or path which a railway crosses to be an “occupation crossing”.
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;
The gates of such occupation crossings shall not close across the railway, and shall be kept locked by means of padlocks, the keys of which shall be kept by railway officials.
A duplicate of the key of the padlock of the gates of any occupation crossing may be entrusted by the railway administration to any person having frequent occasion to use such occupation crossing to be retained during the pleasure of the railway administration and used by him at his discretion subject to a penalty of $1,000 for misuse.
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;
Any other person desiring to use an occupation crossing shall give notice of his intention to do so to the railway official with whom the key of the padlock is deposited.
railway official
“railway official” includes all persons employed by or on behalf of the railway administration to perform any function in connection with a railway.
The railway administration shall define from time to time the hours suitable for such openings, and the gates shall only be opened by such railway official at the times so defined.
Cattle passing over the occupation crossing shall not be driven but led by a suitable and properly secured halter.
Any person other than a person entrusted with a key under subsection (3) who uses or attempts to use an occupation crossing without such notice, or at hours other than those defined, and any person who causes cattle to cross without such halter, and the owner of any cattle so crossing shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $40 or to imprisonment for a term not exceeding 3 months.
Occupation crossings may, with the approval of the Minister, be sanctioned and opened upon any existing line at the discretion of, and upon conditions imposed by the manager, the first cost of construction and an annual rent for maintenance being payable by the person for whom such crossing is constructed.
manager
“manager” means the person appointed by the Government or by the government of Malaysia, or by a railway company, as the case may be, to act as general manager or manager of a railway;
The manager, with the approval of the Minister, may at any time close any occupation crossing; or, in the event of the neglect of the owner or occupier to comply with the conditions imposed, may, with the like approval, appoint and maintain at such crossing an officer of the railway at the expense of the owner or occupier, and such expense shall be payable in addition to any other sums recoverable under this Act.