Errant drivers fined, but valet companies are not

KUALA LUMPUR – When it comes to double parking, the matter is simple – it is inconsiderate and more importantly, illegal.   

There even have been instances where double parking had resulted in altercations between drivers, resulting in fatal injuries in some cases. 

In some instances, offenders are those too lazy to wait for a parking spot, but it isn’t always the case.

Some offenders may be valet parking services.   

You hand over your car keys to the valet attendant, and he parks the car for you.

If there are no available parking spots for the valet service, the attendant double parks.

When needed, the attendant would move the said car out of the way.

Although it is not a huge inconvenience, it seems like a double standard for offenders.

If individual drivers do it, we get fined. But valet companies seem to get away with it.

The law says no  

According to an AskLegal article concerning double parking, the law that governs the matter can be found in the Road Transport Act 1987.

Section 48 (1) says: “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, he shall be guilty of an offence... ” 

The law says if you park a car in a way that blocks or causes inconvenience to another, you are committing an offence that can result in a fine.   

But would this law apply to valet parking services the same way it applies to individuals?  

The answer is ‘it depends’.

It depends on whether the offending valet companies are operating in public areas or their private parking lot. If it is in a private parking lot, they are not subjected to fines.   

“If valet attendants double park in public areas, they are bound by the same laws. In such situations the cars can be fined or towed,” Selangor Traffic Investigation and Enforcement Department chief Superintendent Azman Shariat told The Vibes.  

Car owners get fined, not valet companies  

Azman said the authorities fine or tow the double-parked cars, car owners would have to fork out money.   

But what happens to the valet service? They were the ones who double-parked the cars in the first place.   

“You could sue the parking management, because there’s possibly a contract for services between you and the company,” lawyer Teeruvarasu K. told The Vibes.

He added potential litigants could face obstacles when pursuing such a case.   

“The contract can be declared void in court because it may be for an illegal service, but you get back the money you paid for the ticket.  

“Then, a declaration can be sought from the high court to state that the particular business is illegal. However, this is a costly pursuit.  

“It would be best to just make a complaint at the local council against the valet company.”  

More than just an inconvenience  

“Double parking in public areas doesn’t only cause traffic disruptions but can bring about safety issues.   

“If these valet companies want to do business, they should only be allowed to do it if they have the capacity. If they only have 10 parking bays, they should not take more than 10 cars.   

“They shouldn’t be given a licence to operate if they don’t have the capacity to operate,” said Celia Yeo, who is resident of Taman Paramount Residents’ Association. – The Vibes, September 22, 2020