HKL towing issue – Police over looked on Strata Management Act?

 |Nov 13, 2016
The Health ministry over the years has outsourced the traffic control to third party contractors, perhaps this is the right time for the public and government authorities to gauge more on the Strata Management act, the reserve exclusivity versus public area.
The Health ministry over the years has outsourced the traffic control to third party contractors, perhaps this is the right time for the public and government authorities to gauge more on the Strata Management act, the reserve exclusivity versus public area.

The latest uproar in the city happened last week claiming an illegal operation of towing activity within the compounds of Kuala Lumpur General Hospital (HKL) took many people off guard.

It was reported by the media that an illegal operation to control traffic and to tow vehicles were under operation.

Even the KL police traffic enforcement and investigation department chief Assistant Commissioner Mohd Nadzri Hussain, in his press conference on Nov 8 2016 urged members of the public who had fallen victim to such cases to lodge a police report to assist in any other investigations.

A 35-year old man, an employee of a third party company employed by Bumitech Marketing Sdn Bhd (the official contractor endorsed by Health ministry), was detained for illegally towing cars along the roadside of HKL.

The accused alleged extorting RM150 from car owners to secure the release of their vehicles.

The case is investigated under Section 385 of the Penal Code which deals with putting a person in fear of injury in order to commit extortion.

However an in-depth probe by Malaysia Outlook discovered that the Health Ministry has given approval to Bumitech Marketing Sdn Bhd to operate legally.

This operation awarded to the contractor is covered legally under the Strata Management Act 2013 P.U. (A) 107 of 2015; Federal Subsidiary Legislation.

(Related link: http://mltic.my/attachments/Malaysian-law-90543-PUA-107.pdf).

The act clearly defined to provide for the proper maintenance and management of buildings and common property, and for related matters.

In these circumstances, the contractor via its third party has all the rights to clamp or even tow any vehicles that are obstructing the traffic.

Bumitech’s representative Zakwan Hafiz Ahmad Ansari has revealed that the parking management company, has the prerogative to take action against traffic offenders within the vicinity of the hospital.

Zakwan Hafiz, the company's representative questioned that If approval has been given and the contractor has all the rights to operate legally, does the police have overlooked on the Strata Management Act?
Zakwan Hafiz, the company’s representative questioned that If approval has been given and the contractor has all the rights to operate legally, does the police have overlooked on the Strata Management Act?

If approval has been given and the contractor has all the rights to operate legally, does the police have overlooked on the Strata Management Act?

The press conference by the Kuala Lumpur traffic chief claiming Bumitech Marketing is an illegally operated company, made many previous parking offenders who paid fines, demanding a refund.

This had put the legally managed company in a fix.

The company had been flooding with phone calls and some netizens had taken their criticism to the social media network.

Zakwan said the public should understand that the company has a right to tow vehicles parked illegally by the roadside within the Kuala Lumpur Hospital area.

This is done so that the vehicles would not abrupt the traffic flow and cause delay to the ambulance or other vehicles carrying patients in dire need of help.

The Health ministry over the years has outsourced the traffic control to third party contractors.

Perhaps is the right time for the public and government authorities to gauge more about the Strata Management act the reserve exclusivity versus public area.

 

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Murali is a contributor to MO. He advocates the principle of practising human rights with responsibility.