LOCAL AUTHORITY (ASSIGNMENT OF FUNCTIONS--THE PROVISIONS OF PARKING PLACES AND STANDS) ORDER, 1973

LOCAL AUTHORITY (ASSIGNMENT OF FUNCTIONS--THE PROVISIONS OF PARKING PLACES AND STANDS) ORDER, 1973

WHEREAS under paragraphs (69) and (73) of subsection (1) of section 49 of the Local Government Ordinance, 1961, the Yang Dipertua Negara may authorise any local authority to carry on any works or undertaking and that the Yang Dipertua Negara may determine that in carrying out such works or undertakings, all things done for the carrying out therefor shall be incidental to the exercise by the local authority of its powers and duties under the provisions of the Ordinance;

AND WHEREAS the Yang Dipertua Negara deems it necessary to order local authorities to undertake the responsibility of providing parking places and stands in their respective areas;

NOW THEREFORE, the Yang Dipertua Negara hereby authorises local authorities to carry out such undertakings and to exercise such powers incidental thereto, and for such purposes hereby makes the following Order:

1. Citation and effect.

(1) This Order may be cited as the Local Authority (Assignment of functions--the Provisions of Parking Places and Stands) Order, 1973.

(2) The doing of all things necessary for the carrying out of the purposes of this Order shall be deemed to be a purpose incidental to the exercise by such local authority of its powers and duties under the provisions of the Ordinance.

2. Local authority may provide parking places or stands.

Any local authority may make by-laws for the purpose of providing suitable parking places for vehicles or for stands for public service vehicles or goods vehicles in accordance with this Order, and for that purpose may--

(a)utilise any lands which may lawfully be acquired or appropriated for the purpose; or

(b)by such by-laws authorise the use as a parking place any part of a road , 3. Any land may be used as parking place . A local authority may take all such steps as may be necessary to adapt for use as a parking place any land not being part of a road -which may be conveniently utilised for that purpose.

4. Provisions in by laws.

By-laws made under this Order may prescribe--

(a)the vehicles or class of vehicles which may use such parking place 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.

5. Imposition of charge for use of parking place or stand.

Where any charge for the use of such parking place is to be made or intended to be made pursuant to any by-law made under this Order, such by-law shall specify--

(i)the parking place designated for the leaving of vehicles; and

(ii)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 matters following:

(a)the number and dimensions of the spaces to be provided;

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

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

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

(e)the positions in Which other vehicles permitted by the by-laws to wait therein or for any purpose specified in the by-laws shall wait;

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

(g)the removal therefrom 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 by-laws;

(h)the compounding of any offence Where there has been a contravention of, or non-compliance with the provisions of the by-laws;

(i)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");

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

(k)the prohibition of 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 other than a stand for public service vehicles;

(l)the indication of such parking place by means of traffic signs in accordance With the provisions of the Road Vehicles Ordinance, 1963 :

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

6. Notice to be erected at parking place or stand.

A notice stating the substances of the by-laws and the charges prescribed thereby shall be erected and maintained by the local authority at or near such parking place or stand.

7. Contravention of any by-law.

The local authority may provide in the by-laws made by virtue of this Order that if any person without lawful excuse contravene or fails to comply with any provisions made thereunder he shall be guilty of an offence and shall be liable to a fine:

Provided that no such fine shall exceed one hundred dollars.

8. No liability for loss or damage.

The local authority shall not incur any liability in respect of loss or damage to any vehicle or the fittings or contents of any vehicles parked in any parking place provided by virtue of this Order.

9. Application of the Ordinance to by-laws made unde this order.

The provisions of the Ordinance in relation to the power of a local authority to make by-laws shall apply to any by-law made by virtue of this Order.

Made at Kota Kinabalu, this 20th day of March, 1973.

By His Excellency's Command,

SALLEH HAJI SULONG,

Minister for Local Government.