Section 65

Any person who fails to comply when required to move such motor vehicle under this section shall be guilty of an offence.

Where any vehicle which has, as a result of an accident or any other cause, broken down or has been permitted to remain at rest on a road in such position or in such condition as is likely to cause obstruction, danger or inconvenience to other persons using the road, a police officer, a road transport officer, the Dato Bandar, the

Perbadanan Putrajaya, the Mayor of a City Council, the President of a

Municipal Council, the Chairman of a Municipal Council or the

Director General of Highway Authority Malaysia or the concession company duly authorized in writing by the Director General of

Highway Authority Malaysia may cause the said motor vehicle to be removed to some suitable place and thereto remain at the risk of the owner, and may detain the same until any fees as may be prescribed under this Act for such removal and detention are paid.

The fees under subsection (3) shall be paid to—

A police officer, a road transport officer, the Dato Bandar, the

Director General of Highway Authority Malaysia, the Perbadanan

Putrajaya, the Mayor of a City Council, the President of a Municipal

Council, the Chairman of a Municipal Council or any other person acting under his or its directions, as the case may be, shall not incur any liability in respect of any loss or damage caused to any motor vehicle or the fittings or contents thereof in the course of its removal or while it is being detained, unless such damage was caused negligently or wilfully.

When any motor vehicle is detained under this section, the officer detaining the same shall with all reasonable despatch give notice in writing of such detention to the owner of the motor vehicle if the name and address of such owner is known to him, and if such

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motor vehicle is not claimed by its owner within three months of the date of its detention, that officer may, after giving one month’s notice in the Gazette of his intention so to do, sell by public auction or otherwise dispose of such motor vehicle and its load (if any);

provided that no such notice need be given in the case of any load of a perishable nature. The proceeds, if any, from such sale or disposal shall be applied in payment of any fees imposed under this Act and the surplus, if any, shall be paid to the owner of the motor vehicle or if not claimed by such person within twelve months after the date of such sale or disposal, shall be forfeited to the Federal Government, the Dato Bandar or the Perbadanan Putrajaya, the Mayor of a City

Council, the President of a Municipal Council, the Chairman of a

Municipal Council, or the Director General of Highway Authority

Malaysia, as the case may be.

Without prejudice to the powers of the Minister under paragraph 66(1)(f), the Dato Bandar or the Perbadanan Putrajaya, the

Mayor of a City Council, the President of a Municipal Council, the

Chairman of a Municipal Council, or the Director General of

Highway Authority Malaysia may, after consultation with the

Minister, by rules impose fees for the removal of any vehicle from any road within the Federal Territory of Kuala Lumpur or the Federal

Territory of Putrajaya, and the detention thereof in pursuance of this section.

For the purposes of this section, “concession company” means any company that is authorized to demand, collect and retain tolls under an order made under section 2 of the Federal Roads (Private

Management) Act 1984 [Act 306].

Rules