Division 1 Metered parking schemes
(cf Traffic Act, s 10R)
(1) A parking authority may establish and operate metered parking schemes for any road within its area of operations.(2) For the purposes of any such scheme, a parking authority:(a) may, in accordance with Authority guidelines, set aside metered parking spaces in any road within its area of operations, and(b) may fix the fees for the parking of a vehicle in any such space, and(c) may install parking meters for use in connection with the payment of such fees.(3) In the case of a council, the fees for parking in metered parking spaces are to be fixed by resolution of the council.(4) In the case of a declared organisation, the fees for parking in metered parking spaces are to be fixed in accordance with pricing principles set out in Authority guidelines.(5) Different fees may be fixed for different metered parking spaces and for different days and different times of day.(6) A parking meter may only be installed at the space to which it applies or, if one parking meter applies to more than one space, in the immediate vicinity of those spaces.(7) A metered parking scheme must facilitate the payment of fees for parking in cash (notes or coins, or both).(8) Subject to subclause (7), a metered parking scheme may provide for other methods of payment of fees for parking in accordance with Authority guidelines.(9) A parking authority may establish and operate on a trial basis, in accordance with the approval of the Authority (and any conditions of that approval), a metered parking scheme that does not facilitate the payment of fees for parking in cash, despite subclause (7). In such a case, the parking scheme may provide for such methods of payment of fees for parking as accord with the approval of the Authority (and any conditions of that approval).Note. Rules 207–1 and 207–2 of the Road Rules 2008 make provision for parking in metered parking areas. Clause 3 (1) defines a metered parking area and metered parking space to have the same meanings as in rule 207–1.
(cf MTR, r 91D)
(1) A parking authority may set aside the whole or any part of a road in its area of operations as a metered parking area.Note. Rules 207–1 and 207–2 of the Road Rules 2008 make provision for parking in metered parking areas. Clause 3 (1) defines a metered parking area and metered parking space to have the same meanings as in rule 207–1.(2) (Repealed)
(cf MTR, r 91F)
(1) The parking meter for a metered parking space must indicate:(a) the fees (if any) fixed for the space under this Division, and(b) that the fee may be paid using cash (notes or coins, or both) and the denomination of notes or coins that may be used to pay the fee by that method, and(c) any other method that may be used to pay the fee for parking, such as the use of a smart card or another device, and how to use that method of payment.(d) (Repealed)(2) A parking meter must clearly show the status of the metered parking space or spaces that it controls and, in the case of a multi-space parking meter, must identify each metered parking space by its number.(3) Subclause (1) (b) does not apply in respect of a parking meter that does not permit payment of the fee in cash (if the meter is used in connection with a scheme operated on a trial basis as referred to in clause 97 (9)).
A person must not:(a) insert in a parking meter anything other than cash (notes or coins) or other means of payment, such as a smart card, as specified on the meter, or(b) deface any parking meter or affix anything (such as advertising matter) to any parking meter.Maximum penalty: 20 penalty units.
A person must not:(a) damage a parking meter, or(b) do anything that interferes with (or is likely to interfere with) the proper working of a parking meter, or(c) fraudulently operate a parking meter.Maximum penalty: 20 penalty units.
100B Temporary closure of metered parking space
(1) A parking authority may, if it decides that the use of a metered parking space should be temporarily discontinued, close the space.(2) A metered parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the space is temporarily closed is erected in, or in close proximity to, the space.Note. A driver who parks in a space that is temporarily closed under this clause may commit an offence under rule 207–7 of the Road Rules 2008.
Division 2 Ticket parking schemes
(cf MTR, rr 91L (1) and 91M)
(1) A parking authority may, in accordance with Authority guidelines, establish and operate a ticket parking scheme for any road within its area of operations.(2) For the purposes of any such scheme, a parking authority:(a) may, in accordance with Authority guidelines, set aside as a ticket parking area the whole or any part of any road within its area of operations, and(b) may fix the fees for the parking of vehicles in any such area, and(c) (Repealed)(d) may install devices for use in connection with the payment of such fees.(3) In the case of a council, the fees for parking in a ticket parking area are to be fixed by resolution of the council.(4) In the case of a declared organisation, the fees for parking in a ticket parking area are to be fixed in accordance with pricing principles set out in Authority guidelines.(5) Different fees may be fixed for different ticket parking areas and for different days and different times of day.(6) A ticket parking scheme must facilitate the payment of fees for parking in cash (notes or coins, or both).(7) Subject to subclause (6), a ticket parking scheme may provide for other methods of payment of fees for parking in accordance with Authority guidelines.(8) A parking authority may establish and operate on a trial basis, in accordance with the approval of the Authority (and any conditions of that approval), a ticket parking scheme that does not facilitate the payment of fees for parking in cash, despite subclause (6). In such a case, the parking scheme may provide for such methods of payment of fees for parking as accord with the approval of the Authority (and any conditions of that approval).Note. Rules 207–3 and 207–4 of the Road Rules 2008 make provision for parking in ticket parking areas. Clause 3 (1) defines a ticket parking area and ticket parking space to have the same meanings as in rules 207–3 and 207–4 respectively.
102 Use of false or damaged parking tickets
A person must not display in or on a vehicle that is parked in a ticket parking area:(a) any article or thing resembling a parking ticket that falsely suggests that the relevant parking fee has been paid, or(b) any parking ticket that is altered, defaced, mutilated or illegible.Maximum penalty: 20 penalty units.
A person must not:(a) insert in a parking ticket machine anything other than cash (notes or coins) or other means of payment, such as a smart card, as specified on the machine, or(b) deface any parking ticket machine or affix anything (such as advertising matter) to any ticket machine.Maximum penalty: 20 penalty units.
103A Temporary closure of ticket parking areas and spaces
(1) A parking authority may, if it decides that the use of a ticket parking area or ticket parking space should be temporarily discontinued, close the area or space.(2) A ticket parking area or ticket parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the area or space is temporarily closed is erected in, or in close proximity to, the area or space.Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207–7 of the Road Rules 2008.
(1) The parking ticket machine for a ticket parking area must indicate:(a) the fees (if any) fixed for the area under this Division, and(b) that the fee may be paid using cash (notes or coins, or both) and the denomination of notes or coins that may be used to pay the fee by that method, and(c) any other method that may be used to pay the fee for parking, such as the use of a smart card or another device, and how to use that method of payment.(2) Subclause (1) (b) does not apply in respect of a parking ticket machine that does not permit payment of the fee in cash (if the ticket machine is used in connection with a scheme operated on a trial basis as referred to in clause 101 (8)).
(cf MTR, r 91P)
(1) The following information must be printed on a parking ticket:(a) the day of the week,(b) the date (expressed as the day of the month, the month and the year),(c) the expiry time (expressed in hours and minutes),(d) the name of the parking authority by which the ticket is issued,(e) the ticket parking area code (if applicable),(f) a serial number,(g) instructions for use of the ticket.(2) A parking ticket must be legible and of a size and design that enables it to be easily displayed in or on a vehicle.
106 Duration of parking tickets
(cf MTR, r 91Q)
A parking ticket takes effect on the date and time it is issued and expires on the date and time specified on the ticket as the date and time of its expiry.
Division 3 Coupon parking schemes
(cf MTR, rr 91W (1) and 91X)
(1) A parking authority may, in accordance with Authority guidelines, establish and operate a coupon parking scheme for any road within its area of operations.(2) For the purposes of any such scheme, a parking authority:(a) may, in accordance with Authority guidelines, set aside as a coupon parking area the whole or any part of any road within its area of operations, and(b) may fix the fees for the parking of vehicles in any such area, and(c) may adopt such means of and schemes for payment of such fees as are approved from time to time by the Authority, and(d) may install devices for use in connection with the payment of such fees (pay parking devices).(3) In the case of a council, the fees for parking in a coupon parking area are to be fixed by resolution of the council.(4) In the case of a declared organisation, the fees for parking in a coupon parking area are to be fixed in accordance with pricing principles set out in Authority guidelines.(5) Different fees may be fixed for different coupon parking areas and for different days and different times of day.Note. Rules 207–5 and 207–6 of the Road Rules 2008 make provision for parking in coupon parking areas. Clause 3 (1) defines a coupon parking area and coupon parking space to have the same meanings as in rules 207–5 and 207–6 respectively.
108 Use of false or damaged parking coupons
A person must not display in or on a vehicle that is parked in a coupon parking area:(a) any article or thing resembling a parking coupon that falsely suggests that the relevant parking fee has been paid, or(b) any parking coupon that is altered, defaced, mutilated or illegible.Maximum penalty: 20 penalty units.
109 Temporary closure of coupon parking areas and spaces
(1) A parking authority may, if it decides that the use of a coupon parking area or coupon parking space should be temporarily discontinued, close the area or space.(2) A coupon parking area or coupon parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the area or space is temporarily closed is erected in, or in close proximity to, the area or space.Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207–7 of the Road Rules 2008.
(cf MTR, r 91Z)
(1) A parking authority may issue pre-paid parking coupons, either time or money based, to be used for coupon parking areas within the parking authority’s area of operations during the controlled parking hours.(2) The following information must be printed on a parking coupon:(a) the name of the coupon parking scheme in connection with which the coupon may be used,(b) the amount of money that has been paid for parking in coupon parking areas to which that scheme applies (in the case of a money based coupon) or the amount of time for which a vehicle may be parked in such an area (in the case of a time based coupon),(c) a serial number,(d) instructions for use of the coupon.(3) A parking coupon must be legible and of a size and design that enables it to be easily displayed in or on a vehicle.(4) A parking coupon must be so designed or manufactured as to enable a person to indicate on the coupon the date and time on which the coupon is to take effect.
111 Duration of parking coupons
(cf MTR, r 91AA)
(1) A parking coupon (whether time based or money based) takes effect on the date and time indicated on the coupon (in the manner indicated by the instructions on the coupon) as the date and time on which it takes effect.(2) A money based coupon expires at the end of the period of time for which it is in force, calculated by reference to:(a) the date and time indicated on the coupon as the date and time on which it took effect, and(b) the parking fee specified on the coupon as having been pre-paid, and(c) the relevant parking fee for the coupon parking area in connection with which it is used, as indicated on the coupon parking signs by which the area is designated.(3) A time based coupon expires at the end of the period of time that it is in force, calculated by reference to:(a) the date and time indicated on the coupon as the date and time on which it took effect, and(b) the time specified on the coupon as the time for which the coupon remains in force.
Division 3A Phone parking schemes
(1) A parking authority may, in accordance with Authority guidelines, establish and operate a phone parking scheme for the whole or any part of any road within its area of operations on which is operating a metered parking scheme, a ticket parking scheme or a coupon parking scheme.(2) For the purposes of any such phone parking scheme, a parking authority:(a) may, in accordance with Authority guidelines:(i) set aside also as a phone parking area, the whole or any part of a metered parking area, a ticket parking area or a coupon parking area, that is within its area of operations, and(ii) set aside also as a phone parking space, any metered parking space, ticket parking space or coupon parking space, and(b) may fix the fees for the parking of a vehicle in any pay parking area, and(c) may adopt such schemes for payment of such fees by mobile phone as are approved from time to time by the Authority.(3) In the case of a council, the fees for phone parking areas are to be fixed by resolution of the council.(4) In the case of a declared organisation, the fees for phone parking areas are to be fixed in accordance with pricing principles set out in Authority guidelines.(5) Different fees may be fixed for different phone parking areas and for different days and different times of day.Note. Rules 207–8 and 207–9 of the Road Rules 2008 make provision for parking in phone parking areas and spaces. Clause 3 (1) defines a phone parking area and phone parking space to have the same meanings as in rules 207–8 and 207–9, respectively.
111B Display of information relating to phone parking
The following information must be displayed clearly on phone parking signs for a phone parking area, or on a parking meter or a parking ticket machine for a parking space or area that is also designated as a phone parking space or phone parking area:(a) a location number and phone number for the phone parking scheme,(b) such other information as may be set out in the Authority guidelines for the purposes of this clause.
111C Temporary closure of phone parking areas and spaces
(1) A parking authority may, if it decides that the use of a phone parking area or phone parking space should be temporarily discontinued, close the area or the space.(2) A phone parking area or phone parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the area or space is temporarily closed is erected in, or in close proximity to, the area or space.Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207–7 of the Road Rules 2008.
111D Duration of parking in phone parking areas and spaces
A phone parking period takes effect on the date and at the time the parking period is initiated by mobile phone in accordance with the protocols of the provider of the phone payment scheme and expires when the session is ended in accordance with those protocols.
112 Councils’ common pay parking schemes
(cf Traffic Act, s 10U)
(1) A council may, in accordance with Authority guidelines, agree with one or more other councils concerning the operation of ticket parking schemes, phone parking schemes or coupon parking schemes on a common payment basis.(2) The councils must, by resolution, fix fees on a common basis that are to be charged for parking in the ticket parking areas, phone parking areas or coupon parking areas covered by the agreement.
113 Authority guidelines and approval
(cf Traffic Act, ss 10R (4), 10T (6) and 10V)
(1) The Authority may, by order in writing, establish guidelines for the purposes of this Part.(2) To the extent that a provision of this Regulation requires a parking authority to comply with an Authority guideline or approval given under clause 97, 101, 107 or 111A, the parking authority is not entitled to provide or charge for parking in a metered space, a phone parking area, a ticket parking area or a coupon parking area if it fails to comply with the guideline or approval.(3) For the purposes of this clause, a parking authority is taken to have complied with an Authority guideline or approval until the contrary is proved.
114 Other powers to provide pay parking
(cf Traffic Act, s 10VA)
(1) Nothing in this Part affects any other power of a parking authority to provide for parking on land within its area of operations.(2) A parking authority may exercise any power under this Part in relation to land that it does not own, but only with the consent of the owner of the land.(3) Such consent may be given subject to terms and conditions, including terms in relation to the duration and revocation of that consent.(4) Subject to any such terms, such consent may be revoked only after the giving of reasonable notice.
(1) Nothing in this Part prevents a parking authority from establishing and operating a pay parking scheme on any part of a road on which it is operating any other pay parking scheme.(2) The parking authority may not recover the fee fixed in respect of any vehicle parking in a metered space, a ticket parking area, a phone parking area or a coupon parking area if any other applicable parking fee has been paid.
116 Application of money from parking
(cf Traffic Act, s 10VC)
(1) The costs of administering a pay parking scheme operated by a parking authority under this Part are to be borne by the parking authority.(2) Those costs are taken to include the following:(a) the cost of providing, controlling, maintaining and regulating metered spaces, and the parking meters installed in respect of those spaces,(b) the cost of providing, controlling, maintaining and regulating pay parking,(c) the cost of providing and maintaining signs or other devices and marking lines:(i) to indicate the position of pay parking areas and pay parking spaces, or(ii) to indicate the places in any road within the area of operations of the parking authority concerned where a vehicle (other than a public vehicle) may park.(3) All fees that a parking authority collects in respect of the operation of pay parking belong to the parking authority, subject to clause 112.(4) Any surplus arising from the operation of pay parking may be applied at the discretion of the parking authority.(5) A parking authority must pay to the Authority such amount as is agreed on between the Authority and the parking authority in respect of the costs referred to in subclause (2) (c).
(cf Traffic Act, s 10VD)
(1) Any dispute arising under this Part between a parking authority and the Authority is to be resolved by consultation between the Minister responsible for the parking authority and the Minister administering the Act or, if agreement cannot be reached, by the Premier.(2) Any dispute arising under this Part between 2 or more parking authorities is to be resolved:(a) if the same Minister is responsible for each of those authorities, by that Minister, and(b) in any other case, by consultation between the various Ministers responsible for those authorities or, if agreement cannot be reached, by the Premier.(3) In this section, a reference to the Minister responsible for a parking authority is a reference to:(a) in the case of a council, the Minister administering the Local Government Act 1993, and(b) in the case of a declared organisation that is constituted by or under an Act, the Minister administering that Act, and(c) in the case of a Government Department, the Minister responsible for that Department.
118 Trailers not separately chargeable
(cf MTR, r 91FF)
Nothing in this Part requires a separate parking fee to be paid for a trailer drawn by another vehicle.
118A Powers of police in emergency
(1) A police officer may, during a temporary obstruction or danger to traffic or in an emergency:(a) direct a person not to cause or permit any vehicle to park in any part of a pay parking area, or(b) direct the responsible person for or driver of a vehicle parking in any part of a pay parking area to remove the vehicle from that part or (if no person appears to be in charge of the vehicle) to remove the vehicle from that part.(2) A person must not, without reasonable excuse, fail to comply with a direction under this clause.Maximum penalty: 20 penalty units.