Court of Appeal rules wheel-clamping laws in Kota Bharu illegal

The Court of Appeal in Putrajaya unanimously ruled today that Kota Bharu Municipal Council’s (MPKB-BRI) wheel clamping law was invalid.

Judge Hashim Hamzah said the laws contradicted 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.

“Only ministers are authorised to permit local authorities into enacting wheel clamping laws. In this case, the court found that no permission was given,” he ruled at the hearing this morning.

Also sitting on the case were judges Abdul Karim Jalil and Supang Lian.

The appellant in the case, Nursyafawati Kasim, was represented by lawyers led by Hisham Fauzi, Ang Khai Wei, Majdah Muhammad and Haziratul Aqilah Huzailing.

Hisham told Malaysiakini, however, the court ruled that Order 8 under the Road Transport Order (LKB) (MPKB) 2000 was still valid and that MPKB-BRI may still impose compounds for parking-related offences.

“Following this decision, the MPKB-BRI may no longer clamp the wheels of cars parked in parking spaces and may only charge a compound.

“Wheel clamping may only be imposed if the vehicle is parked in a restricted area and not a provided parking space.

“In today’s decision, the court also allowed RM5,000 in costs to our client,” he said when contacted.

MBKB-BRI as the defendant was represented by lawyers Marwalis Adam and Shaharuddin Mohamed.

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