Malaysia legislation

Section 48

of *ROAD TRANSPORT ACT 1987

Section 48

Obstruction by vehicle on road

(2)

If any driver of a motor vehicle causes or permits such motor vehicle to remain at rest on any road in such a position or in such a condition or in such circumstances as to be likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic, a police officer, road transport officer or any appropriate authority may clamp the wheel of the motor vehicle or remove or cause to be removed the motor vehicle to any other road or some other location or place as may be stated in a notice and remain there at the risk of the owner.

(3)

Where the wheel of a motor vehicle has been clamped under subsection (2), the relevant officer shall immediately give notice in writing to the owner of the motor vehicle informing him of the clamping of the wheel and requiring him or any person who may have a claim over the motor vehicle, within four hours from the time of the notice, to appear and request for the release of the vehicle, and if no claim is received within such period, the motor vehicle may be removed to an appropriate location.

(4)

Where any motor vehicle is removed under subsection (2)

or (3), the relevant officer shall within twenty-four hours, give notice in writing to the owner of the vehicle informing him of the removal and requiring him or any person who may have a claim over it, within a period of one month from the date of the notice, to appear and claim the vehicle.

(5)

Upon receipt of a claim under subsection (3) or (4), the motor vehicle may be released upon payment of a fee for the clamping, removal and detention as may be prescribed by the Minister under this Act.

(6)

If within twelve months from the date of removal the motor vehicle is not claimed, the motor vehicle shall be forfeited and the ownership of the motor vehicle shall be vested in the Director General.

(7)

A police officer, road transport officer, any appropriate authority 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

80 Laws of Malaysia ACT 333

in the course of it being clamped or removed or while it is being detained, unless such damage was caused negligently or wilfully.

(8)

For the purpose of this section, “appropriate authority” has the meaning assigned to it in section 67.

Pillion riding