In Malaysia, our parking methods are rather unorthodox and are sometimes rather annoying, especially when it inconveniences others. One annoying thing most of us have definitely encountered is when someone parks right in front of our house, effectively blocking us from going in and coming out. Eh bro, you think your father’s road is it?
These situations are common occurrences especially for people who live nearby shoplots or pasar malams as you can find a lot of haphazard parking here. The first thing that comes to mind is revenge
scratching their car but just wait right there before doing something illegal!
We decided to help you find out whether parking in front of someone’s house is actually illegal or not and what you can do to stop these
idiots people from obstructing your residential entrance.
Is it really illegal for an unknown car to block your home’s entrance?
The answer is yes, especially if they are causing an inconvenience or obstructing you! The law that supports this is known as the Road Transport Act 1987 (RTA 1987). If they insist on parking there then tell them that the law is on your side and show them Section 48 (1). Or this article!
According to Section 48 (1), it clearly states that any motorist who parks their car in a condition that “likely to cause danger, obstruction or undue inconvenience to other users of the road or to traffic”, they can be fined up to a maximum of RM5,000 and/or at least one year in jail.
So, what can you do in this situation?
If you are frustrated by cars always blocking your way into your house or just causing a hazard on your road, then just call your nice, friendly local council to solve the problem. This is where DBKL, MBPJ, MPSJ comes in!
Under Section 48 (2), the local authority can clamp or tow the offending vehicle away. “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.”
Of course, we recommend that you try and talk things out with the driver before resorting to such means. Sometimes they might not realise that they are causing such an inconvenience!
But what if the car is parked right in your driveway and not on the road outside?
You can still file a police report under Section 22 of the Minor Offences Act 1955 (MOA 1955) as they are trespassing on your private property.
The section deals with willful trespass and says that if a person trespasses without satisfactory excuse “in or upon any dwelling-house or premises, or upon any land attached thereto, or upon any boat or vessel…not thereby in any of the above cases causing any actual damage, or not causing, in the opinion of the Magistrate, more than nominal damage, shall be liable to a fine not exceeding fifty ringgit.”
Yes, the punishment may not be a lot but it may just be enough to scare them from ever doing that again! Plus, it’s only common courtesy people!
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