Under the Local Government Act 1976, a local authority may make subsidiary legislation for vehicle parking lots within its local jurisdiction during working hours. The law also provides that the local authority may impose charges at reasonable rates on motorists. A fine will be imposed on those who failed to pay such parking rates.

Accordingly, Bukit Mewah Municipal Council enacted Motor Vehicle Parking Lots and Charges Regulations 2020. The Regulations provide inter alia:

Regulation 8:A motorist who fails to pay the parking charge shall be liable to a fine of RM30. In the event of default, he shall pay a surcharge of RM200 to Bukit Mewah Municipal Council, in addition to the fine.

Regulation 9:All provisions of these Regulations are deemed to be final, conclusive and cannot be challenged in any court of law on any grounds whatsoever.

On Saturday, 4th June 2022, Farhan parked his motorcycle at a parking lot in front of a shop to buy mineral water. When he went back to his motorcycle, he was shocked to discover that he was fined. As he refused to pay the fine, he was imposed a surcharge of RM200. Farhan also discovered that the above regulations was not tabled in the Parliament as required by the said Act.

Farhan is not satisfied with the regulations and wishes to challenge its legality.

Advise Farhan.