Part 6Regulated parking#

101Who may regulate parking#

A local government may regulate parking in its area—

  1. (a)on a road, other than a declared road; or
  2. (b)on a declared road, with the chief executive’s written agreement; or
  3. (c)on an off-street regulated parking area.

The chief executive may regulate parking on an off-street regulated parking area.

The regulation of parking may include—

  1. (a)specifying the times when a vehicle may or must not be parked; and
  2. (b)requiring the payment of a fee for a vehicle to be parked; and
  3. (c)specifying the types of vehicles that may or must not be parked; and
  4. (d)specifying the purposes for which a vehicle may or must not be parked; and
  5. (e)specifying where its regulation of parking applies.

102Parking regulation involves installing official traffic signs#

The chief executive or a local government may regulate parking by installing official traffic signs indicating how parking is regulated.

An official traffic sign may apply to parking—

  1. (a)at or near the place where the sign is installed, for example, a particular parking space, road or off-street regulated parking area; or for a sign installed by a local government—throughout an area consisting of the whole or part of the local government's area (a traffic area).
  1. (3)A local government may install an official traffic sign applying to parking throughout a traffic area only if—
  2. (a)the boundaries of the traffic area have been defined under a local law; and
  3. (b)the sign is installed on the road at every road entry to the traffic area.
  1. (4)An official traffic sign applying to parking throughout a traffic area—
  2. (a)may only indicate the following matters about how parking is regulated throughout the traffic area—
  3. (i)the times when a person may only park for a maximum specified time;
  4. (ii)the times when a person may only park by paid parking at a place where the local government has provided for paid parking;
  5. (iii)the types of vehicle a person may park; and
  6. (b)for parking for which another official traffic sign is installed within the traffic area—applies subject to the other official traffic sign.
  1. (5)Subsection (4)(a) does not limit the matters that may be indicated on an official traffic sign mentioned in subsection (4)(b).
  1. (6)A person parking anywhere within a traffic area is taken to have notice of the contents of the official traffic sign installed at the road entries to the traffic area.
  1. (7)If an official traffic sign is installed at or near a place so that a person parking at the place is likely to see the sign, the person is taken to have notice of the contents of the sign.
  1. (9)This section does not limit a local government's power to install an official traffic sign under a provision other than this part or under another law.

103Examples of how parking may be regulated#

  1. (1)This section does not limit section 101 or 102 and its object is to state common examples of how parking may be regulated.
  1. (2)Official traffic signs may define or indicate—
  2. (a)where paid parking is authorised; or
  3. (b)spaces on roads or off-street regulated parking areas that are designated parking spaces; or
  4. (c)loading zones; or
  5. (d)for roads or off-street regulated parking areas—where parking is only allowed for a specified maximum time.
  1. (3)Official traffic signs installed by a local government may specify for a place or a traffic area—
  2. (a)the hours and days when parking is only allowed for a specified maximum time; and
  3. (b)the fixed hours for paid parking; and
  4. (c)for specified designated parking spaces—the maximum time for which a vehicle may be paid parked; and
  5. (d)a system (the authorised system) for the payment of a parking fee for paid parking including, for example, by the use of a coin, token, card or credit card; and
  6. (e)the denomination or number of coins to be inserted in a parking meter or parkatarea in payment of a parking fee.
  1. (4)Under a local law, a local government may—
  1. (a)allow a vehicle to park contrary to an indication on an official traffic sign regulating parking by time or payment of a fee, if the vehicle displays—
  2. (i)a parking permit for people with disabilities; or
  3. (ii)a permit issued by the local government; and
  4. (b)define the persons that may be issued with a permit.
  1. (5)Under a local law, a local government may—
  2. (a)allow a vehicle to park in a loading zone if the vehicle displays a commercial vehicle identification label issued by the local government; and
  3. (b)define the vehicles that may be issued with a commercial vehicle identification label of the type specified by the MUTCD.
  1. (6)A local government may, by local law or resolution, specify the following—
  2. (a)parking fees for a place or a traffic area;
  3. (b)the fee for—
  4. (i)a permit mentioned in subsection (4)(a)(i) or (ii); or
  5. (ii)a commercial vehicle identification label mentioned in subsection (5)(a).

104Off-street regulated parking areas#

  1. (1)An off-street regulated parking area is an area of land, including any structure on the land, controlled by the chief executive or a local government and specified as an off-street regulated parking area under—
  2. (a)a regulation; or
  3. (b)for an area of land controlled by a local government—
  4. (i)a local law made by the local government; or
  5. (ii)a notice published by the local government on the local government's website.
  1. (2)Land controlled by the chief executive or a local government includes land over which the chief executive or local government may exercise control for the purposes of this part under an arrangement with a person who owns, or has an interest in, the land.
  1. (3)Any agreement to give effect to an arrangement mentioned in subsection (2) must provide for the matters prescribed by regulation.

105Paid parking#

  1. (1)Fixed hours start for a designated parking space after a local government has installed the appropriate official traffic signs for the space.
  1. (2)A person may park a vehicle in a designated parking space during the fixed hours only if—
  2. (a)the person does not park the vehicle in the space for longer than the maximum time indicated on the official traffic sign installed in relation to the space; and
  3. (b)the person pays the parking fee for the space as prescribed immediately on parking the vehicle.
  1. (3)The person may pay the parking fee—
  2. (a)if a parking meter or parkatarea is installed for the space—by inserting coins of the number and denomination appropriate to the parking fee in the parking meter or parkatarea; or
  3. (b)if an authorised system applies in relation to the space—by doing what is required by the system.
  1. (4)Nothing in this section prevents a person from making more than 1 payment while a vehicle is parked in a designated parking space, if the total time of continuous paid parking does not exceed the maximum time indicated on the official traffic sign installed in relation to the space.
  1. (5)A local government may install a parking meter or parkatarea for a designated parking space if it is installed in a way—
  2. (a)specified by the MUTCD; or
  3. (b)approved by the chief executive.

106Paid parking offences#

  1. (1)During the fixed hours, a person must not park a vehicle in a designated parking space—
  2. (a)unless—
  3. (i)a parking meter or parkatarea installed for the space indicates that the parking fee has been paid; or
  4. (ii)the person has done what is required by an authorised system that applies in relation to the space; or
  5. (b)for a time longer than the maximum time indicated on the official traffic sign installed for the space; or
  6. (c)if another vehicle is parked in the space; or
  7. (d)so that the vehicle is not wholly within the space, unless the vehicle—
  8. (i)is longer than the length of the space; and
  9. (ii)is parked within a space in relation to which a parkatarea is installed; and
  10. (iii)is engaged in loading or unloading goods; and
  11. (iv)is as nearly as practicable wholly within the space.

Maximum penalty—40 penalty units.

  1. (2)A person who parks a vehicle in a designated parking space when a parking meter or parkatarea installed in relation to the space indicates that the parking fee has not been paid does not commit an offence against subsection (1)(a) if the person immediately pays the parking fee in accordance with section 105(3).
  1. (3)If—
  2. (a)a person commits an offence against subsection (1)(b) in a designated parking space; and
  3. (b)an infringement notice for the offence is placed on or attached to the vehicle; and
  4. (c)the vehicle in relation to which the offence is committed remains parked in the space after the notice is affixed;

the person commits a separate and further offence under subsection (1)(b) for each further time (equal to the maximum time indicated on the official traffic sign installed in relation to the space) that the vehicle remains parked in the space during the fixed hours.

107Owner responsible for offence#

Subject as hereinafter provided, where any offence is committed in relation to the parking or stopping of any vehicle, the person who at the time of the commission of the breach was the owner of the vehicle shall be deemed to have committed that offence and may be proceeded against and shall be punishable accordingly.

108Local laws about minor traffic offences#

  1. (1)A local government may, under a local law, prescribe an amount as the infringement notice penalty for a minor traffic offence committed in the local government’s area.
  2. (2)For the State Penalties Enforcement Act 1999—
  3. (a)the minor traffic offence is an infringement notice offence; and
  4. (b)the penalty is the infringement notice penalty for the offence; and
  5. (c)the chief executive officer of the local government is the administering authority for the infringement notice and the infringement notice offence.
  6. (3)If the local government prescribes a penalty for a minor traffic offence, the penalty applies to the exclusion of another infringement notice penalty under the State Penalties Enforcement Act 1999 for the minor traffic offence committed in its area.
  7. (4)In this section—
minor traffic offence
means—
  1. (a)an offence against this part; or
  2. (b)an offence, prescribed under a regulation, that relates to the parking or stopping of a vehicle; or
  3. (c)an offence against section 74 that is a contravention of an indication given by an official traffic sign installed by a local government under this part.

109Agreement with local government on costs of administration#

  1. (1)The commissioner may, with the approval of the Minister, enter into an agreement with the local government whereby the local government shall pay to the commissioner an annual or other periodic sum in respect of the costs incurred in the carrying out of duties under this part by police officers.
  2. (2)If the commissioner and the local government can not agree upon such payment, the Governor in Council may, by regulation, determine that the local government shall pay to the commissioner, in respect of the costs incurred in the carrying out of duties under this part by police officers, such annual or other periodic sum as the auditor-general certifies to be fair and reasonable.
  3. (3)The Governor in Council may, by regulation, revoke or from time to time vary any such determination, but no such variation shall be made unless the auditor-general certifies that it is fair and reasonable.
  4. (4)The local government shall make to the commissioner payments in accordance with such determination (or, if such determination shall have been varied, such determination as varied for the time being).

110Notice restricting parking in special circumstances#

  1. (1)If the chief executive is satisfied special circumstances exist justifying a restriction on parking in a traffic area or designated parking space, the chief executive may, by notice published in a newspaper circulating generally in the locality concerned—
  2. (a)prohibit the parking of vehicles in the area or designated parking space for a stated time; and
  3. (b)direct the owner or driver of any vehicle parked in the area or designated parking space to remove the vehicle from the area.
  4. (2)If the owner or driver of a vehicle parked in a traffic area or designated parking space can not be readily located, or, if located, fails to remove the vehicle from the area or parking space when directed to do so, the chief executive may remove the vehicle from the area or parking space.
  5. (3)Section 100 applies to a vehicle mentioned in subsection (2).

111Parking permits for people with disabilities#

  1. (1)The chief executive may give a parking permit to—
  2. (a)a person with a disability; or
  3. (b)an organisation for a specified vehicle if the chief executive is satisfied—
  4. (i)the organisation transports in the vehicle persons with a disability; and
  5. (ii)the vehicle meets the criteria prescribed by regulation.

The chief executive may give the parking permit subject to conditions stated in the permit.

A regulation may prescribe standard conditions for parking permits given under this section.

In this section—

person with a disability
means a person who meets the eligibility criteria prescribed by regulation.
Source: TORUM Act 1995 · pages 297–306 Open PDF at this page Search this document