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Picture this: You're out for dinner and need somewhere to park. You spot an empty space along the road in a housing area and decide to leave your car there.
So, can you actually get in trouble legally for parking in front of a random person's house?
Not automatically. In a typical landed housing area, the public road outside a house is generally not the homeowner's private parking space. A resident usually cannot claim an exclusive right to the road simply because it is in front of their home.
But this does not mean you can park anywhere without consequence.
Under Section 48(1) of the Road Transport Act 1987, it is an offence to leave a vehicle on a road in a position, condition, or circumstance likely to cause danger, obstruction, or undue inconvenience to other road users or traffic
A conviction may result in a fine of between RM1,000 and RM5,000, imprisonment for at least one year, or both.
In practical terms, parking on a public road without blocking traffic or access may not fall within Section 48(1). But a vehicle that blocks a driveway, narrows the road, obstructs emergency access, or creates a danger may attract enforcement action.
Other parking restrictions, such as no-parking signs, road markings, designated bays, and local-authority by-laws may also apply.
Section 48(2) allows a police officer, road transport officer, or appropriate authority to clamp or remove a vehicle covered by the provision. The vehicle may be taken to another location specified in a notice and remains at the owner's risk.
Do note that the above explanations only apply to general landed housing areas
The position can be different in condominiums, apartments, gated developments, and other strata properties. These places may have designated parking bays, visitor-parking rules, and management by-laws. Check the signs and house rules before leaving your car.
What if it's my home and another vehicle is blocking my driveway?
First things first, don't take matters into your own hands by moving the vehicle yourself and risk damaging it.
If someone blocks your driveway, photograph the vehicle, registration number and obstruction, then contact your local district council for help. Do not damage or move the vehicle yourself.
