Commonwealth Numbered Regulations

AIRPORTS (CONTROL OF ON-AIRPORT ACTIVITIES) AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 170 - SCHEDULE 1

(regulation 3)

[1] Part 4, Division 11

substitute

Division 11 Landside vehicle parking
106 Definitions for Division 11

In this Division, and for the application of the rules mentioned in regulation 106E to the landside of an airport:

" Australian Road Rules" means the Australian Road Rules as approved by the Australian Transport Council and published by the National Road Transport Commission on 19 October 1999.

"authorised person", for a provision of this Division, means an authorised person appointed under regulation 114 for the provision.

"charter service" means a public passenger service:

(a)

for which a public bus, and the services of a driver of the bus, are pre-booked for hire to take passengers for an agreed fee; and

(b)

for which the following conditions are satisfied:

(i)

the hirer is entitled to determine the route for the journey and the time of travel;

(ii)

all passengers' journeys have a common origin or a common destination, or both;

(iii)

individual fares are not payable by the passengers (either to the operator of the service or to the driver of the bus);

(iv)

the service is not provided according to regular routes and timetables.

"driver" has the same meaning as in the Australian Road Rules.

"hire car" means a vehicle (other than a public bus or taxi) which is used to provide a public passenger service (other than a regular passenger service, a long-distance service, a charter service or a tourist service).

"infringement notice offence" means an offence that is declared to be an infringement notice offence by a provision of this Division.

"long-distance service" means a public passenger service conducted according to one or more regular routes, in which each passenger is carried for a distance of not less than 40 kilometres.

"parking control provision" means rule 167, 168, 169, 170, 172, 176, 178, 179, 180, 181, 182, 183, 184, 185, 186, 189, 197, 198, 202, 203, 205, 207 or 211 of the Australian Road Rules as applied by regulation 106E.

passenger does not include the driver of a vehicle.

"permit zone" has the same meaning as in subrule 185 (2) of the Australian Road Rules.

public bus means:

(a)

for an airport the landside of which is in New South Wales — a bus within the meaning of the Passenger Transport Act 1990 of New South Wales, as in force at the commencement of this Division; or

(b)

for an airport in Victoria — a bus within the meaning of the Road Safety (Vehicles) Regulations 1999 of Victoria, as in force at the commencement of this Division; or

(c)

for an airport the landside of which is in Queensland — a bus within the meaning of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulations 1999 of Queensland, as in force at the commencement of this Division; or

(d)

for an airport in Western Australia — a public bus within the meaning of the Road Traffic Code 2000 of Western Australia, as in force at the commencement of this Division; or

(e)

for an airport in Tasmania — a bus within the meaning of the Vehicle and Traffic Act 1999 of Tasmania, as in force at the commencement of this Division.

"public passenger service" means the carriage of passengers for a fare or other consideration by a vehicle along a road or road-related area.

"regular passenger service" means a public passenger service conducted according to regular routes and timetables, but does not include a tourist service or a long-distance service.

"road" has the same meaning as in the Australian Road Rules.

"road-related area" has the same meaning as in the Australian Road Rules .

"taxi" means a vehicle:

(a)

which is used to provide a public passenger service (other than a regular passenger service, a long-distance service, a charter service or a tourist service); and

(b)

which, for the purpose of procuring passengers, is made to ply or stand for hire on a road or road-related area.

"taxi zone" has the same meaning as in rule 182 of the Australian Road Rules .

"tourist service" means a public passenger service, provided by a public bus, that is:

(a)

a pre-booked service designed for the carriage of tourists to destinations listed on a publicly available itinerary; or

(b)

a service designed for the carriage of tourists where all passengers' journeys have a common origin or a common destination, or both.

"traffic control device" has the same meaning as in the Australian Road Rules .

106A Application of this Division

This Division applies to the following airports:

(a)

Sydney (Kingsford-Smith) Airport;

(b)

Melbourne (Tullamarine) Airport;

(c)

Brisbane Airport;

(d)

Perth Airport;

(e)

Hobart Airport;

(f)

Coolangatta Airport;

(g)

Townsville Airport.

106B Operation of State laws

If the laws of the State where an airport is located and this Division both make provision for a matter, the laws of the State do not apply in relation to the landside of the airport to the extent that the matter is dealt with in this Division.

106BA Parking signage plan and standard operating procedures

(1)

An airport-operator company for an airport must give the Secretary:

(a)

a parking signage plan under subregulation (2) for the airport; and

(b)

standard operating procedures under subregulation (3) for the airport.

(2)

A parking signage plan for an airport must describe:

(a)

the landside areas of the airport where infringement notice offences under regulations 107 and 108 apply; and

(b)

the traffic control devices used on the landside areas of the airport to identify areas where those infringement notice offences apply.

(3)

Standard operating procedures for an airport must set out the following:

(a)

procedures designed to ensure that authorised persons for the airport carry out their duties under this Division in a suitable manner;

(b)

the duties of authorised persons for the airport;

(c)

the policy of the airport-operator company for the airport for dealing with people who park or use a vehicle on the land side of the airport, including:

(i)

the processes to be carried out before an infringement notice is issued for an infringement notice offence under this Division; and

(ii)

the rights and obligations of those people in relation to parking or using a vehicle on the landside of the airport; and

(iii)

the procedures for dealing with complaints from those people about parking or using a vehicle on the landside of the airport;

(d)

the procedures for:

(i)

issuing an infringement notice for an infringement notice offence under this Division; and

(ii)

paying and collecting the penalty mentioned in the notice; and

(iii)

when a notice may be withdrawn;

(e)

describing when and how a vehicle may be moved under regulation 111.

106C Installation of traffic control devices

(1)

An airport-operator company may install a traffic control device (other than a traffic control device mentioned in regulation 108) on the landside of the airport only if the device complies substantially with the Australian Road Rules , within the meaning of rule 316 of those Rules.

Note
Regulation 108 deals with traffic control devices for areas in which a taxi driver must not leave the taxi unattended. The Australian Road Rules do not provide for these traffic control devices.

(2)

However, in circumstances in which there is a likelihood of loss, injury or interference with the normal flow of traffic, an airport-operator company may install other traffic control devices on the landside of the airport to avoid the loss, injury or interference.

(3)

An airport-operator company must install traffic control devices under this regulation in a way that prominently and clearly identifies the area to which the devices apply.

106D Permits to stop a vehicle in a permit zone

(1)

For the application, under regulation 106E, of rule 185 of the Australian Road Rules to the landside of an airport, the airport-operator company for the airport may issue a permit for a vehicle to stop in a permit zone.

(2)

A permit issued under this regulation must be issued in writing and in a form that can be displayed on or in a vehicle.

106E Application of Australian Road Rules

(1)

The rules of the Australian Road Rules mentioned in the following table apply in relation to the landside of an airport:

Note
The note before Schedule 1 to these Regulations sets out an edited version of these rules that does not include the notes, examples or diagrams for the rules. For considering the application of these rules to the landside of airports, reference should be made to the full text of the rules in the Australian Road Rules .

(2)

Subject to regulation 106, the rules mentioned in the table are to be interpreted in accordance with the Australian Road Rules.

(3)

However, for the application of the rules to the landside of an airport, "vehicle" has the same meaning as in subsection 172 (2) of the Act.

(4)

Subject to regulation 106 and without limiting the generality of subregulation (2), Parts 20 and 21 of the Australian Road Rules and the Schedules and Dictionary to the Australian Road Rules apply in relation to the landside of an airport.

107 Offences against Australian Road Rules

An offence against a rule or subrule of the Australian Road Rules mentioned in Schedule 2, as applied by regulation 106E, is:

(a)

punishable by a fine of the penalty units mentioned in Schedule 2 for that rule or subrule for the State or place where the offence occurs; and

(b)

a strict liability offence; and

(c)

an infringement notice offence.

Note
For infringement notice offences, see Part 7.

108 Taxi drivers must not leave taxis unattended in certain areas

(1)

The driver of a taxi must not leave the taxi unattended in a taxi zone on the landside of an airport if a traffic control device that indicates that taxi drivers must not leave their taxis unattended applies to that taxi zone.

(2) An offence against subregulation (1) is punishable by a fine of the penalty mentioned in the following table for the State or place where the offence occurs:

(3) An offence against subregulation (1) is:

(a)

a strict liability offence; and

(b)

an infringement notice offence.

Note
For infringement notice offences, see Part 7.

(4)

For this regulation, a driver leaves a taxi unattended if the driver leaves the taxi so that the driver is more than 3 metres from the closest point of the taxi.

109 Drivers of taxis, hire cars and public buses to show authority cards

(1)

An authorised person for an airport may ask the driver of a taxi, hire car or public bus on the landside of the airport to show the authorised person the driver's authority card.

(2)

The driver must immediately show the authority card to the authorised person.

Penalty:
3 penalty units.

(3)

However, the driver is not required to show the authority card unless the authorised person has shown the driver his or her identification as an authorised person.

(4)

An offence against subregulation (2) is:

(a)

a strict liability offence; and

(b)

an infringement notice offence.

Note
For infringement notice offences, see Part 7.

(5)

In this regulation:

"authority card", for the driver of a taxi, hire car or public bus on the landside of an airport, means a card:

(a)

issued by an agency of the State where the landside of the airport is located that is responsible for regulating the operation of taxis, hire cars or public buses in the State; and

(b)

authorising the driver to drive the taxi, hire car or public bus in the State; and

(c)

showing a photograph of the driver's face.

110 Authorised person may direct that a vehicle be moved

(1)

An authorised person for an airport may:

(a)

direct the driver of a vehicle used at the airport in contravention of a parking control provision to move the vehicle; or

(b)

direct the driver of a taxi who contravenes regulation 108 to move the taxi.

(2)

If a taxi, or the driver of a taxi, is causing interference with the operation of a taxi zone at an airport, an authorised person for the airport may direct the driver of the taxi to move the taxi.

(3)

The driver of a vehicle must comply with a direction under subregulation

(1)

or (2).

Penalty:
3 penalty units.

(4)

An offence against subregulation (3) is:

(a)

a strict liability offence; and

(b)

an infringement notice offence.

Note
For infringement notice offences, see Part 7.

(5)

In this regulation:

"driver "of a vehicle includes any adult who appears to be the driver of the vehicle, whether or not he or she is sitting in the driver's seat of the vehicle.

111 Authorised person may move vehicle

(1)

This regulation applies to a vehicle used at an airport if:

(a)

the vehicle is used in contravention of a parking control provision and its driver cannot be found within a reasonable time after such inquiries by an authorised person as are reasonable in the circumstances; or

(b)

its driver refuses to comply with a direction under subregulation 110 (1) or (2).

(2)

This regulation also applies to a vehicle that appears to be abandoned on the landside of an airport if its driver cannot be found within a reasonable time after such inquiries by an authorised person as are reasonable in the circumstances.

(3) An authorised person for an airport (with whatever assistance is reasonably necessary) may move a vehicle to which this regulation applies to a place within the airport approved for the purpose by the airport-operator company if:

(a)

the authorised person considers that the vehicle is causing interference with the normal flow of traffic or with the operation of the airport or a permit zone at the airport; or

(b)

under subregulation (2), this regulation applies to the vehicle.

(4)

If the driver of a vehicle to which this regulation applies cannot be found, and an authorised person moves the vehicle under subregulation (3), the authorised person must, as soon as practicable:

(a)

give the vehicle registration authority for the State or Territory in which the vehicle is registered (if known) a notice in writing that:

(i)

identifies the vehicle; and

(ii)

states that the vehicle has been moved and where it can be recovered; and

(b)

do whatever else is reasonable to find the driver or registered owner of the vehicle and tell the driver or owner:

(i)

that the vehicle has been moved, and where it can be recovered; and

(ii)

that the vehicle may only be recovered by the owner or by a person acting for the owner.

(5)

A vehicle registration authority for a State or Territory that receives a notice under subregulation (4) may, in accordance with the laws of the State or Territory, use the information in the notice to notify the registered owner of the matters set out in the notice.

(6)

If an authorised person moves a vehicle under this regulation, neither the authorised person, nor any person who assists him or her to do so, nor the airport-operator company, is liable for any loss of, or damage to, the vehicle that occurs:

(a)

while it is being reasonably moved; or

(b)

after it is moved and before it is recovered by or for its owner.

112 Owner of vehicle must pay costs of storage etc

(1)

If a vehicle is moved under regulation 111, the owner of the vehicle must pay the airport-operator company the amount reasonably spent by the company in moving and storing the vehicle.

(2)

An amount payable to an airport-operator company is a debt due to the company recoverable in a court of competent jurisdiction.

(3)

An airport-operator company is not required to return a vehicle to a person claiming it unless the person pays the amount due to the company under this regulation.

113 Airport operator may sell vehicle

(1)

This regulation applies if:

(a)

a vehicle is moved under regulation 111; and

(b)

the driver or owner of the vehicle is not found, or, if found, has not recovered the vehicle, within 3 months after the day on which the vehicle was moved.

(2)

This regulation also applies if:

(a)

a vehicle was moved under regulation 112 of these Regulations as in force immediately before the commencement of this Division; and

(b)

the driver or owner of the vehicle is not found, or, if found, has not recovered the vehicle, within 3 months after the day on which the vehicle was moved.

(3)

This regulation also applies if:

(a)

a vehicle was, before the commencement of this Division, moved by or for an airport-operator company because the vehicle appeared to be abandoned; and

(b)

such inquiries to find the driver or owner of the vehicle as are reasonable in the circumstances have been made by or for the airport-operator company; and

(c)

the driver or owner of the vehicle is not found, or, if found, has not recovered the vehicle, within 3 months after the day on which the vehicle was moved.

(4)

If the airport-operator company intends to sell, or otherwise dispose of, the vehicle, the company must give notice of that intention.

(5)

A notice under subregulation (4) must be published in a newspaper circulating generally in the State where the landside of the airport is located.

(6)

The airport-operator company may sell, or otherwise dispose of, the vehicle only if the amount reasonably spent by the company in moving and storing the vehicle is not paid to the company within 14 days after the notice is published.

(7)

The airport-operator company must, as soon as practicable after the end of the financial year in which the company sells a vehicle under this regulation, give to the Commonwealth the proceeds of the sale, less the reasonable cost of moving, storing and selling the vehicle.

114 Authorised persons

The Secretary may appoint as an authorised person for a provision or provisions of this Division:

(a)

an employee of the Department; or

(b)

an officer of the Australian Protective Service; or

(c)

an employee of an airport-operator company, or of a contractor to an airport-operator company.

[2] Regulation 144, after definition of infringement notice offence

insert

"owner", for a vehicle, means:

(a)

if the vehicle is registered under a law of a State or Territory for the registration of vehicles — the registered owner; or

(b)

for any other vehicle — the person who is legally entitled to possession of the vehicle.

[3] Subregulation 146 (4)

substitute

(4)

An infringement notice for an infringement notice offence under Division 11, 12 or 13 of Part 4 may also be served:

(a)

personally on a person who appears to be the driver of the vehicle; or

(b)

by securely placing the notice on the vehicle in a conspicuous position; or

(c)

if the airport-operator company receives a statutory declaration under paragraph 155A (2) (b) or (c), by serving the notice, in accordance with subregulation (2), on the person named in the statutory declaration as being the driver of the vehicle at the time of the alleged offence.

(5)

If an infringement notice for an infringement notice offence under Division 11, 12 or 13 of Part 4 is to be served by post on the owner of the vehicle, it may be addressed to the owner:

(a)

at the owner's last-known place of residence or business; or

(b)

for the owner of a vehicle registered under a law of a State or Territory, at the latest address of the owner in the record of registration of the vehicle.

(6)

If an infringement notice for an infringement notice offence under Division 11, 12 or 13 of Part 4 is to be served by post on a person named in a statutory declaration under subregulation 155A (2), it may be addressed to the person at the address given in the statutory declaration.

[4] Regulation 147

omit

is for

insert

for

[5] Subregulation 149 (2)

after

allotted to

insert

, or the signature and job classification of,

[6] After subregulation 149 (5)

insert

(6)

However, an infringement notice for an infringement notice offence must be in the form approved by the Secretary for the offence.

[7] Subregulation 150 (2)

omit

subregulation (1),

insert

the grounds for withdrawing an infringement notice,

[8] After regulation 154

insert

154A Prosecution

If an infringement notice is issued to a person for an infringement notice offence, the person may be prosecuted for the offence only if:

(a)

the infringement notice is withdrawn under these Regulations; or

(b)

the person fails to pay the notice penalty for the infringement notice offence within the allowed period for the infringement notice.

[9] After regulation 155

insert

155A Liability of owner of vehicle etc for offences

(1)

The owner of a vehicle at the time when an offence relating to the vehicle under these Regulations is committed is taken to have committed the offence.

(2)

However, the owner of the vehicle is not taken to have committed the offence if:

(a)

the vehicle was, at the time of the offence, stolen or illegally taken or used; or

(b)

for an owner who is not a body corporate — within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that he or she was not the driver of the vehicle at the time of the alleged offence; and

(iii)

the name and address of the person who was the driver of the vehicle at that time; or

(c)

for an owner that is a body corporate — within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that the vehicle was not being used for the body corporate at the time of the alleged offence; and

(iii)

the name and address of the person who was the driver of the vehicle at that time; or

(d)

for an owner who is not a body corporate — within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that he or she had sold or otherwise disposed of the vehicle before the time of the alleged offence; and

(iii)

the date and, if relevant, time of the sale or disposal; and

(iv)

the name and address of the person to whom the vehicle was sold or disposed of; or

(e)

for an owner that is a body corporate — within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating:

(i)

that it is made for this regulation; and

(ii)

that the body corporate had sold or otherwise disposed of the vehicle before the time of the alleged offence; and

(iii)

the date and, if relevant, time of the sale or disposal; and

(iv)

the name and address of the person to whom the vehicle was sold or disposed of.

(3)

If an infringement notice has been served under regulation 146, or a summons has been served, on the owner of a vehicle for an alleged offence under these Regulations, the owner may:

(a)

for an owner who is a not a body corporate — within 14 days (or a longer notified period) after service of the infringement notice, or within 14 days after service of the summons, give to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i)

that it is made for this regulation; and

(ii)

that the owner was not the driver of the vehicle at the time of the alleged offence; and

(iii)

that he or she has not been able to find out who was the driver of the vehicle at that time; and

(iv)

the nature of the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time; or

(b)

for an owner that is a body corporate — a director, manager or secretary of the body corporate may, within 14 days (or a longer notified period) after service of the infringement notice, or within 14 days after service of the summons, give to the airport-operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her or by a person having knowledge of the facts stating:

(i)

that it is made for this regulation; and

(ii)

that, to his or her knowledge, from the facts as set out in the declaration, the vehicle was not being used for the body corporate at the time of the alleged offence; and

(iii)

that he or she has not been able to find out who was the driver of the vehicle at that time; and

(iv)

the nature of the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time.

(4)

At the hearing of a prosecution for an infringement notice offence under Division 11, 12 or 13 of Part 4 against the owner of a vehicle:

(a)

if the owner has given a statutory declaration under paragraph (3) (a) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i)

the owner was not the driver of the vehicle at the time of the alleged offence; and

(ii)

the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence; or

(b)

if a director, manager or secretary of the owner has given a statutory declaration under paragraph (3) (b) — the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that:

(i)

the vehicle was not being used for the body corporate at the time of the alleged offence; and

(ii)

the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence.

(5)

This regulation and regulations 146 and 155B apply as if a person named in a statutory declaration given under paragraph (2) (d) or (e) as the person to whom a vehicle was sold or otherwise disposed of were the owner of the vehicle from the time of the sale or disposal.

(6)

At the hearing of a prosecution for an infringement notice offence under Division 11, 12 or 13 of Part 4, a certificate issued by the airport-operator company for the airport where the offence is alleged to have been committed stating that a person named in the certificate has not, in relation to that offence, given the airport-operator company a statutory declaration for a provision of this regulation is evidence of the matter so stated.

(7)

For subregulation (6), a document that purports to have been issued by the airport-operator company is to be taken to have been so issued unless the contrary is proved.

(8)

This regulation does not affect the liability of an actual offender other than the owner of the vehicle, but:

(a)

the owner and the actual offender must not both be liable for the same offence; and

(b)

if a penalty has been imposed on a person for an infringement notice offence under Division 11, 12 or 13 of Part 4, a further penalty must not be imposed on or recovered from another person for the same offence.

(9)

In this regulation:

"driver" has the same meaning as in regulation 106.

"longer notified period", in relation to an original period of 14 days after the date of an infringement notice served on an owner of a vehicle for an alleged offence at an airport, means a period longer than 14 days, notice of which is given, in writing:

(a)

to the owner by the airport-operator company for the airport; and

(b)

before the end of the original period.

155B Copy of statutory declaration to be served with summons

(1)

If a person is named in a statutory declaration given under paragraph 155A (2) (b) or (c) as being the person who was the driver of the vehicle at the time of an alleged infringement notice offence under Division 11, 12 or 13 of Part 4:

(a)

the person may be found guilty of the offence only if a copy of the statutory declaration was attached to the summons for the offence when it was served on him or her; and

(b)

the statutory declaration is admissible in evidence in a prosecution for the offence against the person and is evidence that the person was in charge of the vehicle at that time.

(2)

If a person is named in a statutory declaration given under paragraph 155A (2) (d) or (e) as being the person to whom the vehicle was sold or otherwise disposed of before the time of an alleged infringement notice offence under Division 11, 12 or 13 of Part 4:

(a)

the person may be found guilty of the offence only if a copy of the statutory declaration was attached to the summons for the offence when it was served on him or her; and

(b)

the statutory declaration is admissible in evidence in a prosecution for the offence against the person and is evidence that the person was the owner of the vehicle at that time.

[10] Before Schedule 1

insert

Note
This note sets out an edited version of the rules of the Australian Road Rules mentioned in the table in regulation 106E. The edited version does not include the notes, examples or diagrams for the rules. For considering the application of these rules to the landside of airports, reference should be made to the full text of the rules in the Australian Road Rules.

165 Stopping in an emergency etc or to comply with another rule
It is a defence to the prosecution of a driver for an offence against a provision of this Part if:
(a) the driver stops at a particular place, or in a particular way, to avoid a collision, and the driver stops for no longer than is necessary to avoid the collision; or
(b) the driver stops at a particular place, or in a particular way, because the driver's vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle under the Australian Road Rules; or
(c) the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, and the driver stops for no longer than is necessary in the circumstances; or
(d) the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver's vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or
(e) the driver stops at a particular place, or in a particular way, to comply with another provision of the Australian Road Rules or a provision of another law, and the driver stops for no longer than is necessary to comply with the other provision.
167 No stopping signs
A driver must not stop on a length of road or in an area to which a no stopping sign applies.
Offence provision.
168 No parking signs
(1) The driver of a vehicle must not stop on a length of road or in an area to which a no parking sign applies, unless the driver:
(a) is dropping off, or picking up, passengers or goods; and
(b) does not leave the vehicle unattended; and
(c) completes the dropping off, or picking up, of the passengers or goods, and drives on, as soon as possible and, in any case, within the required time after stopping.
Offence provision.
(2) For this rule, a driver leaves a vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.
(3) In this rule:
"required time" means:
(a) 2 minutes; or
(b) if information on or with the sign indicates another time — the indicated time.
169 No stopping on a road with a yellow edge line
A driver must not stop at the side of a road marked with a continuous yellow edge line.
Offence provision.
170 Stopping in or near an intersection
(1) A driver must not stop in an intersection.
Offence provision.
(2) A driver must not stop on a road within 20 metres from the nearest point of an intersecting road at an intersection with traffic lights, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under the Australian Road Rules.
Offence provision.
(3) A driver must not stop on a road within 10 metres from the nearest point of an intersecting road at an intersection without traffic lights, unless the driver stops:
(a) at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under the Australian Road Rules; or
(b) if the intersection is a T-intersection — along the continuous side of the continuing road at the intersection.
Offence provision.
(4) For this rule, distances are measured in the direction in which the driver is driving, and:
(a) for subrule (2) — as shown in example 1; or
(b) for subrule (3) — as shown in example 2.
(5) In this rule:
"road "does not include a road-related area, but includes any shoulder of the road.
172 Stopping on or near a pedestrian crossing (except at an intersection)
(1) A driver must not stop on a pedestrian crossing that is not at an intersection, or on the road within 20 metres before the crossing and 10 metres after the crossing, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under the Australian Road Rules.
Offence provision.
(2) For this rule, distances are measured:
(a) in the direction in which the driver is driving; and
(b) as shown in the example.
(3) In this rule:
"road "does not include a road-related area, but includes any shoulder of the road.
176 Stopping on a clearway
(1) A driver must not stop on a length of road to which a clearway sign applies, unless subrule (2) or (3) applies to the driver.
Offence provision.
(2) The driver of a public bus or public minibus may stop on the length of road if the driver is dropping off, or picking up, passengers.
(3) The driver of a taxi may stop on the length of road if:
(a) the driver is dropping off, or picking up, passengers; and
(b) there is not another law of this jurisdiction prohibiting the driver of a taxi from stopping on a length of road to which a clearway sign applies.
(4) If a clearway sign on a road indicates the days or times when it applies, the sign applies to the length of road beginning at the sign and ending at the nearer of the following:
(a) a clearway sign on the road that indicates different days or times;
(b) an end clearway sign on the road.
(5) If a clearway sign on a road does not indicate the days or times when it applies, the sign applies to the length of road beginning at the sign and ending at the nearer of the following:
(a) a clearway sign on the road that indicates the days or times when it applies;
(b) an end clearway sign on the road.
178 Stopping in an emergency stopping lane
A driver (except the rider of a bicycle) must not stop in an emergency stopping lane unless:
(a) the condition of the driver, a passenger or the driver's vehicle, or any other factor, makes it necessary or desirable for the driver to stop in the emergency stopping lane in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or
(b) the driver is permitted to stop in the emergency stopping lane under another law of this jurisdiction.
Offence provision.
179 Stopping in a loading zone
(1) A driver must not stop in a loading zone unless the driver is driving:
(a) a public bus that is dropping off, or picking up, passengers; or
(b) a truck that is dropping off, or picking up, goods; or
(c) a vehicle that is permitted to stop in the loading zone under another law of this jurisdiction.
Offence provision.
(2) A driver who is permitted to stop in a loading zone must not stay continuously in the zone for longer than:
(a) 30 minutes; or
(b) if information on or with the loading zone signs applying to the loading zone indicates another time — the indicated time.
Offence provision.
(3) A loading zone is a length of a road to which a loading zone sign applies.
180 Stopping in a truck zone
(1) A driver must not stop in a truck zone unless the driver is driving:
(a) a truck that is dropping off, or picking up, goods; or
(b) a vehicle that is permitted to stop in the truck zone under another law of this jurisdiction.
Offence provision.
(2) A truck zone is a length of a road to which a truck zone sign applies.
181 Stopping in a works zone
(1) A driver must not stop in a works zone unless the driver is driving a vehicle that is:
(a) engaged in construction work in or near the zone; or
(b) permitted to stop in the works zone under another law of this jurisdiction.
Offence provision.
(2) A works zone is a length of a road to which a works zone sign applies.
182 Stopping in a taxi zone
(1) A driver must not stop in a taxi zone, unless the driver is driving a taxi.
Offence provision.
(2) A taxi zone is a length of a road to which a taxi zone sign applies.
183 Stopping in a bus zone
(1) A driver must not stop in a bus zone unless the driver is driving a public bus (except a public bus of a kind that is not permitted to stop in the bus zone by information on or with the bus zone sign applying to the bus zone).
Offence provision.
(2) A bus zone is a length of a road to which a bus zone sign applies.
184 Stopping in a minibus zone
(1) A driver (except the driver of a public minibus) must not stop in a minibus zone.
Offence provision.
(2) A minibus zone is a length of road to which a minibus zone sign applies.
185 Stopping in a permit zone
(1) A driver must not stop in a permit zone unless the driver's vehicle displays a current permit issued under another law of this jurisdiction that permits the vehicle to stop in the zone.
Offence provision.
(2) A permit zone is a length of a road to which a permit zone sign applies.
186 Stopping in a mail zone
(1) A driver must not stop in a mail zone.
Offence provision.
(2) A mail zone is a length of a road to which a mail zone sign applies.
189 Double parking
(1) A driver must not stop on a road:
(a) if the road is a two-way road — between the centre of the road and another vehicle that is parked at the side of the road; or
(b) if the road is a one-way road — between the far side of the road and another vehicle that is parked at the side of the road.
Offence provision.
(2) A driver does not contravene this rule by parking on the side of the road, or in a median strip parking area, in accordance with rule 210.
197 Stopping on a path, dividing strip or nature strip
(1) A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area, unless:
(a) the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under the Australian Road Rules; or
(b) the driver is permitted to stop under another law of this jurisdiction.
Offence provision.
(2) This rule does not apply to the rider of a bicycle or animal.
198 Obstructing access to and from a footpath, driveway etc
(1) A driver must not stop on a road in a position that obstructs access by vehicles or pedestrians to or from a footpath ramp or a similar way of access to a footpath, or a bicycle path or passageway unless:
(a) the driver is driving a public bus that is dropping off, or picking up, passengers; or
(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under the Australian Road Rules.
Offence provision.
(2) A driver must not stop on or across a driveway or other way of access for vehicles travelling to or from adjacent land unless:
(a) the driver is dropping off, or picking up, passengers; or
(b) the driver stops in a parking bay and the driver is permitted to stop in the parking bay under the Australian Road Rules.
Offence provision.
202 Stopping on a road with motor bike parking sign
A driver (except the rider of a motor bike) must not stop on a length of road to which a motor bike parking sign applies, unless the driver is dropping off, or picking up, passengers.
Offence provision.
203 Stopping in a parking area for people with disabilities
(1) A driver must not stop in a parking area for people with disabilities unless:
(a) the driver's vehicle displays a current parking permit for people with disabilities; and
(b) the driver complies with the conditions of use of the permit.
Offence provision.
(2) A parking area for people with disabilities is a length or area of a road:
(a) to which a permissive parking sign displaying a people with disabilities symbol applies; or
(b) to which a people with disabilities parking sign applies; or
(c) indicated by a road marking (a people with disabilities road marking) that consists of, or includes, a people with disabilities symbol.
204 Meaning of certain information on or with permissive parking signs
(1) This rule explains the meaning of certain information on or with a permissive parking sign applying to a length of road or an area.
(2) A whole number, fraction, or whole number and fraction, immediately to the left of the letter `P' indicates that a driver must not park on the length of road, or in the area, continuously for longer than the period of hours, or fraction of an hour, equal to the number, fraction, or number and fraction, shown.
(3) A number, together with the word `minute', immediately to the right of the letter `P' indicate that a driver must not park on the length of road, or in the area, continuously for longer than the number of minutes shown.
(4) The word `parking', together with words indicating a number of hours or minutes, indicate that a driver must not park on the length of road, or in the area, continuously for longer than the number of hours or minutes shown.
205 Parking for longer than indicated
A driver must not park continuously on a length of road, or in an area, to which a permissive parking sign applies for longer than the period indicated by information on or with the sign or, if rule 206 applies to the driver, the period allowed under that rule.
Offence provision.
206 Time extension for people with disabilities
(1) This rule applies to a driver:
(a) if the driver's vehicle displays a current parking permit for people with disabilities; and
(b) the driver complies with the conditions of use of the permit.
(2) The driver may park continuously on a length of road, or in an area, to which a permissive parking sign applies (except in a parking area for people with disabilities) for:
(a) twice the period indicated on the sign; or
(b) if another law of this jurisdiction permits the driver to park for a longer period — the longer period; or
(c) if another law of this jurisdiction permits the driver to park for an unlimited period — an unlimited period.
207 Parking where fees are payable
(1) This rule applies to a driver who parks on a length of road, or in an area, to which a permissive parking sign applies if information on or with the sign indicates that a fee is payable for parking by buying a ticket or putting money into a parking meter.
(2) The driver must:
(a) pay the fee (if any) payable under the law of this jurisdiction; and
(b) obey any instructions on or with the sign, meter, ticket or ticket-vending machine.
Offence provision.
208 Parallel parking on a road (except in a median strip parking area)
(1) A driver who parks on a road (except in a median strip parking area) must position the driver's vehicle in accordance with subrules (2) to (8).
Offence provision.
(2) The driver must position the vehicle to face in the direction of travel of vehicles in the marked lane or line of traffic on, or next to, the part of the road where the driver parks.
(3) If the road is a two-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left side of the road.
(4) If the road is a one-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left or far right side of the road, unless otherwise indicated by information on or with a parking control sign.
(5) If the driver does not park in a parking bay, the driver must position the vehicle at least 1 metre from the closest point of any vehicle in front of it and any vehicle behind it.
(6) If the road has a continuous dividing line or a dividing strip, the driver must position the vehicle at least 3 metres from any dividing line or dividing strip, unless otherwise indicated by information on or with a parking control sign.
(7) If the road does not have a continuous dividing line or a dividing strip, the driver must position the vehicle so there is at least 3 metres of the road alongside the vehicle that is clear for other vehicles to pass, unless otherwise indicated by information on or with a parking control sign.
(8) The driver must position the vehicle so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians.
(9) This rule does not apply to:
(a) a driver if the driver parks on a length of road, or in an area, to which a parking control sign or road marking applies, and information on or with the sign or road marking includes the words `angle parking' or `angle'; or
(b) the rider of a motor bike if the rider parks the motor bike on a length of road, or in an area, to which a permissive parking sign applies and the sign indicates that the length of road or area is for parking motor bikes.
(10) Subrules (3) and (4) do not apply to the rider of a motor bike if the rider positions the motor bike so at least 1 wheel is as near as practicable to the far left or far right side of the road.
(11) If a road has one or more service roads, the part of the road used by the main body of moving vehicles, and each service road, is taken to be a separate road for this rule.
(12) In this rule:
"continuous dividing line" means:
(a) a single continuous dividing line only; or
(b) a single continuous dividing line to the left or right of a broken dividing line; or
(c) 2 parallel continuous dividing lines.
road does not include a road-related area, but includes any shoulder of the road.
209 Parallel parking in a median strip parking area
(1) This rule applies to a driver who parks in a median strip parking area if a parking control sign or road marking applies to the area, and information on or with the sign or road marking indicates that the driver's vehicle must be positioned parallel to the median strip.
(2) The driver must position the driver's vehicle:
(a) to face in the direction of travel of vehicles in the marked lane or line of traffic to the left of the driver; and
(b) parallel, and as near as practicable, to the centre of the median strip; and
(c) if the driver does not park in a parking bay — at least 1 metre from the closest point of any vehicle in front of it and any vehicle behind it.
Offence provision.
(3) This rule does not apply to the rider of a motor bike.
210 Angle parking
(1) If a driver parks in a parking area on the side of a road, or in a median strip parking area, to which a parking control sign or road marking applies, and information on or with the sign or road marking includes the words `angle parking' or `angle', the driver must position the driver's vehicle in accordance with subrules (2) to (4).
Offence provision.
(2) If information on or with the parking control sign or road marking indicates that the vehicle must be positioned at an angle of 45°, or does not indicate another angle, the driver must position the driver's vehicle:
(a) so the vehicle is at an angle as near as practicable to 45°, as shown in example 1 or 2; and
(b) if the vehicle is parked on the side of the road — with the rear of the vehicle nearest to traffic in the marked lane or line of traffic next to the part of the road where the driver parks.
(3) If information on or with the parking control sign or road marking indicates that the vehicle must be positioned at an angle of 90°, the driver:
(a) must position the driver's vehicle so the vehicle is at an angle as near as practicable to 90°, as shown in example 3 or 4; and
(b) if the vehicle is parked on the side of the road — may position the vehicle with either the front or rear of the vehicle nearest to traffic in the marked lane or line of traffic next to the part of the road where the driver parks.
(4) If information on or with the parking control sign or road marking indicates that the vehicle must be positioned at an angle of 135°, the driver must position the driver's vehicle:
(a) so the vehicle is at an angle as near as practicable to 135°, as shown in example 5 or 6; and
(b) if the vehicle is parked on the side of the road — with the front of the vehicle nearest to traffic in the marked lane or line of traffic next to the part of the road where the driver parks.
(5) This rule does not apply to the rider of a motor bike.
211 Parking in parking bays
(1) A driver must not park on a length of road, or in an area, to which a park in bays only sign applies, except in a parking bay.
Offence provision.
(2) A driver who parks in a parking bay must position the driver's vehicle completely within the bay, unless the vehicle is too wide or long to fit completely within the bay.
Offence provision.
(3) If the vehicle is too wide or long to fit completely within a single parking bay, the driver must park the driver's vehicle within the minimum number of parking bays needed to park the vehicle.
Offence provision.
212 Entering and leaving a median strip parking area
(1) If information on or with a traffic control device indicates that a driver must enter or leave a median strip parking area in a particular direction, the driver must enter or leave the area in that direction.
Offence provision.
(2) If there is no information on or with a traffic control device that indicates that a driver must enter or leave a median strip parking area in a particular direction, the driver must enter or leave the area by driving forward.
Offence provision.

[11] After Schedule 1

insert

Schedule 2 Penalties for contravention of applied Australian Road Rules

(regulation 107)