Kota Bharu council’s wheel-clamping law illegal, court rules
MPKB’s wheel-clamping law contravenes the Road Transport Act 1987, says the Court of Appeal.
PETALING JAYA: The Court of Appeal has unanimously ruled that the Kota Bharu city council’s (MPKB) wheel-clamping law is unlawful as it goes against the Road Transport Act 1987 (Act 333).
Justice Hashim Hamzah, who chaired a three-man panel, said the council law contradicted Section 72(2) of Act 333.
He said there were other laws that provided the local council with the authority to issue compounds for offences related to parked cars.
With this, MKPB can no longer clamp cars that are illegally parked in parking lots and can only issue compounds.
However, it can still clamp cars that are illegally parked in restricted areas or not in parking lots, according to lawyer Hisham Fauzi, who appeared for the appellant, Nursyafawati Kasim.
Justices Abdul Karim Jalil and Supang Lian sat on the panel with Hashim.
The panel ordered MPKB to pay costs of RM5,000 to Nursyafawati.
Nursyafawati was also represented by Ang Khai Wei, Majdah Muhammad and Haziratul Aqilah Huzailing.
MPKB was represented by lawyers Marwalis Adam and Shaharuddin Mohamed.
PETALING JAYA: The Court of Appeal has unanimously ruled that the Kota Bharu city council’s (MPKB) wheel-clamping law is unlawful as it goes against the Road Transport Act 1987 (Act 333).
Justice Hashim Hamzah, who chaired a three-man panel, said the council law contradicted Section 72(2) of Act 333.
He said there were other laws that provided the local council with the authority to issue compounds for offences related to parked cars.
With this, MKPB can no longer clamp cars that are illegally parked in parking lots and can only issue compounds.
However, it can still clamp cars that are illegally parked in restricted areas or not in parking lots, according to lawyer Hisham Fauzi, who appeared for the appellant, Nursyafawati Kasim.
Justices Abdul Karim Jalil and Supang Lian sat on the panel with Hashim.
The panel ordered MPKB to pay costs of RM5,000 to Nursyafawati.
Nursyafawati was also represented by Ang Khai Wei, Majdah Muhammad and Haziratul Aqilah Huzailing.
MPKB was represented by lawyers Marwalis Adam and Shaharuddin Mohamed.
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