1. Laws and regulations governing the engineering profession in Malaysia
- The Registration of Engineers Act 1967 (Revised 2015)
- The Registration of Engineers Regulations 1990 on the following items:
- The procedural and legal aspects of the Letter of Release in case of termination of professional services,
- Professional conduct and
- Methods of dispute resolution between the Professional and his client e.g. by arbitration, mediation/conciliation, adjudication etc.
2. Engineer’s responsibility to society and to the public
- An introductory knowledge on the following areas :
- Common laws as practised in Malaysia
- Awareness of legal issues such as the various categories of law, classification of law, sources of Malaysian Law etc.
- Understanding the hierarchy of the Malaysian courts and their different jurisdictions
- “Civil law’ and basic concepts of ‘Torts’ other than mere negligence for misrepresentation, defamation, nuisance etc.
- Where the professional owes a duty of care, standard level of expertise and due diligence expected under tort laws for requirements of UBBL, local authorities and Certificate of Completion and Compliance (CCC) / Certificate of Fitness of Occupation (CFO) / Occupation Certificate (OC) / Occupation Permit (OP) to the public.
- Awareness of the professional design liability for his work with the following factors :
- Risks and factors of safety and codes of practice
- Limitation Act
- Difference of liability based on “reasonable skill and care” and “fit for purpose.
- A reasonable understanding of professional responsibility pertaining to duty of care and due diligence to the Client under contractual and tortuous relationship.
- Professionalism with respect to basic concepts of (1) public interest (2) fiduciary interest to the client and public (3) professional conduct and (4) expert knowledge.
- Code of professional conduct (The Registration of Engineers Regulations 1990)
- Common professional practice issues :
- Statutory responsibilities of a Submitting Engineer under the UBBL Street & Drainage Act / Sarawak/Sabah Building Ordinance (SBO)
- Supplanting and taking over
- Certificate of Completion and Compliance (CCC) / Certificate of Fitness of Occupation (CFO) / Occupation Certificate (OC) / Occupation Permit (OP) submission and the responsibilities thereof.
- Personal performance by a consulting engineer (no “subcontracting” of his assignment)
- The duties and responsibilities arising from endorsing a design or a document as a Professional Engineer.
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