PETALING JAYA: While double parking is a selfish act, responding with vandalism or violence is not a justified reaction to being blocked by a vehicle.
Legal practitioner Radin Amir Afifi Ahmad Aruani said in addition to criminal charges, the perpetrator may also face civil action from
the owner of the damaged
vehicle, who could file a claim for compensation.
He said individuals committing such acts may be charged under Section 427 of the Penal Code, which carries a penalty of imprisonment of not less than one year and up to a maximum of five years, a fine, or both.
“One wrongful act (illegal parking) does not justify another wrongful act to make it a fair outcome. There are more appropriate actions that can be taken instead of committing mischief, which could have legal implications for the perpetrator,”
he said.
Radin Amir was commenting on a video that was widely circulated on social media last week showing the actions of a man smashing a car window using a stone at a parking area, allegedly in Sungai Buloh.
It is said to have occurred after his vehicle was blocked due to double-parking and he uploaded the video himself on social media.
Radin Amir said legal options such as self-defence are less applicable in such a situation since there was no immediate criminal threat to the perpetrator that would justify his actions.
“The perpetrator in this incident may be charged with committing mischief under the Penal Code for damaging private property.
“Instead of resorting to committing an act of mischief,
the owner of the blocked vehicle could report the offence to the police or local authorities, who could issue a summons and move the obstructing vehicle to a safer location,” he said.
Universiti Teknologi Malaysia Automotive Development Centre director Dr Mohd Azman Abas said many individuals are unaware of the consequences in taking matters into their own hands.
“We should use this recent incident to raise public awareness that causing damage is considered a criminal conduct.”
Mohd Azman said double parking has become a common practice in Malaysia and the main contributing factors for such actions include the shortage of parking spaces, especially in densely populated areas such as flats, apartments or industrial areas.
“With limited space, it is even worse with poor planning and design of parking infrastructure by developers.
“When drivers feel frustrated or stressed by being blocked due to double parking, it can lead to impulsive and sometimes aggressive behaviour.”
Mohd Azman said based
on Malaysian Automotive Association data, there has been a significant rise in the number of vehicles on the road, with the total industry volume or vehicle registrations increasing by 11% in 2023 to 799,731 units compared with 721,177 in 2022.
He said this was another factor contributing to the double-parking issue.
“Being blocked, particularly when a driver is in a hurry or has urgent matters, can escalate stress and tension.
“(The attitude) of double parking (drivers) might provoke emotional reactions that could escalate into violent conduct.
“Road rage can eventually result from repeated frustrations, which can lead to vehicle damage, arguments and fights that may end in injuries or fatalities,” he said.
Mohd Azman added that city councils should evaluate current parking demands and behaviours to effectively optimise space allocation.
He emphasised the importance of enforcing stricter monitoring and penalties for double parking and other violations to deter improper parking behaviour.
“The application of CCTV can greatly assist in various aspects of parking management, including availability detection, management, monitoring and emergency response.
“Collaboration with urban planners and developers is also crucial to ensure that new residential developments include strategically designed, adequate parking spaces and access routes.”
