Division 4112 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.