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1. Laws and regulations governing the engineering profession in Malaysia

  1. The Registration of Engineers Act 1967 (Revised 2015)
  2. 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

  1. 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.
  2. A reasonable understanding of professional responsibility pertaining to duty of care and due diligence to the Client under contractual and tortuous relationship.

3. Professionalism

  1. 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.
  2. Code of professional conduct (The Registration of Engineers Regulations 1990)
  3. 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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