Malaysia legislation

Section 72

of *ROAD TRANSPORT ACT 1987

Section 72

(a)

utilize any lands which may lawfully be acquired or appropriated for the purpose; or

(b)

by such order authorize the use as a parking place or stands for public service vehicles or goods vehicles of any part of a road:

Provided that—

(aa) no such order shall authorize the use of any part of a road so as to unreasonably prevent access to any premises adjoining the road, or the use of the road by any person entitled to the use thereof, or so as to be a nuisance;

(bb) an order under this section relating to a Federal road or affecting public service vehicles or goods vehicles shall not be made without the concurrence of the Minister.

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(2)

The appropriate authority or public body may take all such steps as may be necessary to adapt for use as a parking place or stands for public service vehicles or goods vehicles any land not being part of a road which may be conveniently utilised for that purpose.

(3)

An order under subsection (1) may prescribe—

(a)

the vehicles or class of vehicles which may use such parking place or stand and the period during which and the conditions subject to which such parking place or stand may be used; and

(b)

the charge, if any, to be made for the use of such parking place.

(4)

Where any charge for the use of such parking place is to be made or intended to be made pursuant to any order under this section, such order shall specify—

(a)

the parking place designated for the leaving of vehicles;

and

(b)

the times (whether at all times or between such hours)

during which vehicles may be parked in a parking place, and may further make provision in a parking place for any of the following matters:

(aa) the number and dimension of the spaces to be provided;

(bb) the positions in which such vehicles shall be driven in or taken out;

(cc)

the manner in which such vehicles shall be driven in or taken out;

(dd)

the prohibition or restriction of waiting therein, whether in the positions aforesaid or elsewhere, of other vehicles;

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(ee) the positions in which other vehicles permitted by the order to wait or for any purpose specified in the order shall wait;

(ff) the charges to be levied in respect of the use and the manner of its collection;

(gg) the removal thereform and the safe custody of any vehicle in respect of which there has been a contravention of or non-compliance with the provisions of the order or any rules made under this Act;

(hh) the erection and installation of any apparatus of a type or design, either generally or specially approved by the

Minister (which shall be described as a “parking meter”);

(ii)

the prohibition or restriction therein of the carrying on of trades or other activities or the doing of any other thing;

(jj) the indication of such parking place by means of traffic signs in accordance with section 77:

Provided that nothing in this subsection shall be construed as requiring spaces of sufficient size to be provided in any parking place to accommodate any particular vehicle.

(5)

A notice stating the substance of the order and the charge prescribed thereby shall be erected and maintained by the appropriate authority at or near such parking place or stand.

(6)

It shall not be lawful for the driver of any vehicle or any person employed in connection therewith to ply for hire or accept passengers for hire or reward while any vehicle is within a parking place which has not also been gazetted as a stand for public service vehicles and any person who acts in contravention of this subsection shall be guilty of an offence.

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(7)

If any person, without lawful excuse, contravenes or fails to comply with an order made under this section, he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred ringgit.

(8)

The appropriate authority or public body shall not incur any liability in respect of any loss or damage to any vehicle or the fittings or contents of any vehicle parked in any parking place authorized or designated under this section.

Reservation of parking place for Diplomatic Missions