Court Of Appeal Rules MPKB Cannot Clamp Cars Parked Illegally In Parking Lots
Wheel clamping is only permitted if the vehicle is parked in a restricted area and not in a parking lot.
By Sadho Ram — 08 Dec 2022, 05:39 PM
Earlier today, 8 December, the Court of Appeal unanimously ruled that the Kota Bharu city council's (MPKB) wheel-clamping law is unlawful
According to Judge Hashim Hamzah, who chaired a three-person panel this morning, the MPKB's wheel clamping law goes against Section 72(7) of the Road Transport Act 1987 (Act 333).
"The Court of Appeal found that Order 17, Road Transport Order (LKB) (MPKB) 2000 was ultra-vires (done beyond one's legal power or authority) with Section 72(7) of the Road Transport Act 1987," Hasim said, adding that only ministers are authorised to permit local authorities to enact wheel clamping laws.
This ruling means that the MPKB can no longer clamp vehicles that are illegally parked in parking lots and can only issue compounds
Malaysiakini reported that the MPKB can still impose compounds for parking-related offences.
However, the council can still clamp cars that are illegally parked in restricted areas or not in parking lots.
