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A LEGAL STUDY ON THE IMPLEMENTATION OF CARPOOLING SYSTEM IN KLANG VALLEY BASED ON THE AUSTRALIAN ROAD RULES 1999

By

Nabila binti Shamsuddin (2009843162) Nur Adila binti Mohd Sufian (2009626272) Mohd Najib bin Mohd Razali (2009235642)

Submitted in Partial Fulfillment of the Requirements for the Bachelor of Legal Studies (Hons)

Universiti Teknologi MARA Faculty of Law

December 2011

The students/authors confirm that the work submitted is their own and that appropriate credit has been given where references has been made to the work of others.

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ACKNOWLEDGMENTS

Alhamdulillah. First and foremost, we would like to thank God as finally we were able to finish our project paper entitle "A Legal Study on the Implementation of Carpooling System in Klang Valley Based on the Australian Road Rules 1999".

Much effort had been poured into making this project paper a reality. However, it would not have been possible without the support, help and guidance of our supervisor, Miss Yang Chik Adam. We are acknowledging our supervisor as we are deeply grateful for her constant supervision as well as for providing necessary information regarding the project; and also for your moral support in completing the project, as well as your prompt attention to detail that had helped us in completing this project paper.

We also would like to express our gratitude to Dr Sheela Jayabalan for helping and teaching us in legal research methodology for without her assistance, we would not have been able to find our footing from the beginning.We would also wish to acknowledge and appreciate our respondents, namely the Department of Environment, Malaysia Institute of Transportation and Dr. Bahrin Othman.

A debt of gratitude is also owed to our family as well as friends whose understanding had helped and supported us in making this project paper a reality.

This project paper has been carried out by a team consisting of Nabila binti Shamsuddin, Nur Adila binti Mohd Sufian and Mohd Najib bin Mohd Razali.

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ABSTRACT

In this project paper, the topic that had been discussed and research is concerning the implementation of a carpooling system in the Klang Valley based on the Australian

carpooling system, as an alternative mode of transportation in reducing the traffic congestion as well as the level of air pollution in the urban areas, especially the Klang Valley.

Several Malaysian statutes together with several Australian statutes had been referred to together with two international conventions regarding environmental protection for air pollution. References had also been made with a government bodies together with several experts in various fields such as environment, transportation and also insurance.

This project paper will focus on the current problems faced by Malaysia due to the increasing number of private vehicles on the road, especially in the urban areas, and as in order to address these problems, we are proposing a carpooling system as one of the methods in reducing traffic problems and air pollution as similar carpooling system had been implemented successfully in Australia. Discussion also takes place concerning the

amendments that have to be made to our local laws and legislations in accommodating such carpooling system.

At the end of this project paper, we had outlined several issues and challenges that might and could happen or take place if the proposed carpooling system is implemented. However, several suggestions had also be discussed that can be used to address these issues and challenges and also to ensure the success of such system.

It is hoped that this project paper would serve as a stepping stone for the actual implementation of a carpooling system in the Klang Valley.

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ABSTRACT

In this project paper, the topic that had been discussed and research is concerning the implementation of a carpooling system in the Klang Valley based on the Australian

carpooling system, as an alternative mode of transportation in reducing the traffic congestion as well as the level of air pollution in the urban areas, especially the Klang Valley.

Several Malaysian statutes together with several Australian statutes had been referred to together with two international conventions regarding environmental protection for air pollution. References had also been made with a government bodies together with several experts in various fields such as environment, transportation and also insurance.

This project paper will focus on the current problems faced by Malaysia due to the increasing number of private vehicles on the road, especially in the urban areas, and as in order to address these problems, we are proposing a carpooling system as one of the methods in reducing traffic problems and air pollution as similar carpooling system had been implemented successfully in Australia. Discussion also takes place concerning the

amendments that have to be made to our local laws and legislations in accommodating such carpooling system.

At the end of this project paper, we had outlined several issues and challenges that might and could happen or take place if the proposed carpooling system is implemented. However, several suggestions had also be discussed that can be used to address these issues and challenges and also to ensure the success of such system.

It is hoped that this project paper would serve as a stepping stone for the actual implementation of a carpooling system in the Klang Valley.

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TABLE OF CONTENTS

Abstract

Table of Contents

CHAPTER ONE: INTRODUCT1 1.1

1.2 1.3 1.4 1.5 1.6 1.7

Background of Study Problem Statement Objective of Study Research Methodology Scope and Limitations Literature Reviews Significance of Study

11

iii iv

1 5 6 7 8 8 12

CHAPTER TWO: LITERATURE ANALYSIS

2.1 Introduction 14 2.2 The Current Situation in Klang Valley and Its Effects 16

2.2.1 Traffic Congestion in Klang Valley 16 2.2.2 Health Problems Associated with Traffic Congestion 18

2.2.2.1 The Effects on Employment which Due to Stress 18

2.2.3 Environment 22 2.3 Australian Experience in Carpooling 26

2.3.1 Australian Carpooling System 26 2.3.2 The Outcomes of Carpooling System 28 2.4 The Selected Klang Valley Routes and Its Rationale 31

2.5 Conclusion 34

CHAPTER THREE: LEGAL FRAMEWORKS AND INTERNATIONAL CONVENTIONS

3.1 Introduction 38 3.2 Malaysian Statutes 41

3.2.1 Inadequacy of Law 41 3.2.1.1 Act 127; Environment Quality Act 1974 41

3.2.1.1.1 Environment Quality (Compounding of Offences)

Rules 1978 " 42 3.2.1.1.2 Environmental Quality (Control of Emission

from Petrol Engines) Regulations 1996 44

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