Kota Bharu Municipal Council suspends wheel-clamping laws

The Kota Bharu Municipal Council (MPKB-BRI) has put off enforcing wheel clamping on cars parked in parking spaces, following the Court of Appeal’s ruling yesterday that it was invalid.

“MKPB-BRI has instructed law firm Shaharuddin Hidayu & Marwaliz (the local council’s panel of lawyers) to request the reasons for judgement on the case before deciding on whether to file a further appeal at the Federal Court or not.

“Therefore, effective Dec 8, 2022, wheel clamping under Order 17, Road Transport Order (LKB) (MPKB) 2000, will be postponed until further notice,” the council said in a statement last night.

In making the ruling yesterday, Court of Appeal judge Hashim Hamzah said that MPKB-BRI's wheel clamping 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.

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.

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

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