Government Railways (Parking Stations) By-law 1997 (WA)
Western Australia
Government Railways Act 1904
Western Australia
Government Railways Act 1904
(1) This by‑law may be cited as the
Government Railways (Parking Stations) By‑law 1997 .(2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1A).
(1) In this by‑law, unless the context otherwise requires —
(2) A reference in this by‑law to a Form followed by an alphanumeric designation is a reference to the Form so designated set out in Schedule 2.
(1) This by‑law applies to the parking of vehicles in a parking station.
(2) Any sign that —
(a) was placed by The Western Australian Government Railways Commission prior to the coming into operation of the
Public Transport Authority Act 2003 Part 7 Division 2; and(b) relates to the parking or standing of vehicles within a parking station,
is deemed, for the purposes of this by‑law, to have been placed by the Authority under the authority of this by‑law.
The Authority may constitute, determine and vary, and also indicate by signs, from time to time —
(a) parking stations, being any land, building or other structure containing a parking space or parking spaces that is provided on a railway for the purpose of accommodating vehicles with or without charge;
(b) parking spaces;
(c) permitted times and conditions of parking in parking spaces and parking stations depending on and varying with locality;
(d) permitted classes of vehicles to park in parking spaces and parking stations; and
(e) the manner of parking in parking spaces and parking stations.
(1) A person shall not stand a vehicle in a parking space —
(a) if that parking space is by any sign thereon or adjacent or referable thereto, set apart for the standing of vehicles of a different class;
(b) if by such a sign the standing of vehicles in that parking space is prohibited or restricted during any period or periods, during such a period or periods; or
(c) if by such a sign the standing of vehicles in that parking space is permitted for a specified time, for longer than that time.
(2) A person shall not stand a vehicle —
(a) in a no standing area;
(b) in a parking station, except in a manner indicated by the inscription on the sign or signs associated with the parking station and where the parking station includes parking spaces, except as in this by‑law provided, with reference to the parking spaces;
(c) in a parking station contrary to any limitation or condition indicated by the inscription on the sign or signs associated with the parking station; or
(d) in a motor cycle space unless the vehicle is a motor cycle without a side‑car, a motorised scooter or a bicycle.
(3) A person must not stand a motor cycle without a side‑car, a motorised scooter or a bicycle in a parking space unless the parking space is a motor cycle space.
Unless otherwise directed by an authorised person, a person shall not park a vehicle in a parking station otherwise than wholly within a parking space.
A person shall not stand a vehicle so as to obstruct an entrance to, an exit from, or a roadway within, a parking station or beyond the limits of any defined row within a parking station.
A person shall not stand a vehicle except with the permission of the Authority or an authorised person on any part of a parking station, whether or not the part be marked as a parking space if a sign is exhibited prohibiting the standing of vehicles thereon.
A person shall not permit a vehicle to stand on any part of a parking station, whether or not that part is marked as a parking space, if an authorised person directs the driver of the vehicle to move the vehicle.
A person shall not stand or attempt to stand a vehicle in a parking space in which another vehicle is standing, but this rule does not prevent the parking of a motor cycle or motorised scooter and a bicycle together in a motor cycle space if the motor cycle or motorised scooter and bicycle are parked in accordance with rule 4(3).
(1) A person must not permit a vehicle to stand in a parking space if there is a sign on it or adjacent to it marked “Loading Zone” unless —
(a) the vehicle is being used for delivering or collecting goods in the course of commerce; and
(b) the vehicle remains in the space for not more than 30 minutes.
(2) In this rule —
(1) A parking space set aside for the parking of vehicles of persons with a disability is to be designated by the symbol described in Australian Standard 1428 as the international symbol for access, displayed in the manner set out in Australian Standard 2890.6.
(2) The vehicle of a disabled person shall be identified by displaying a current ACROD permit in a prominent position in such a manner as to be clearly visible from the front of the vehicle.
(1) A person must not park or stand a vehicle in an area designated for the parking or standing of vehicles of disabled persons unless —
(a) a disabled person is the driver of, or a passenger in, the vehicle; and
(b) the vehicle is identified in accordance with rule 11(2).
(2) If a person parks or stands a vehicle of a disabled person in a paid parking station, other than in an area designated for the parking or standing of vehicles of disabled persons, the person must pay any applicable charge in accordance with rule 14.
A person other than a disabled person shall not identify or purport to identify a vehicle in accordance with rule 11(2).
(1) A person must not park a vehicle in a parking space at a paid parking station at any time when a charge applies unless the charge set out in Schedule 1 item 1(1) for the relevant time —
(a) if a paid parking machine is installed for the paid parking station — has been paid using a paid parking machine; or
(b) if the Authority has approved an alternative manner to pay the charge in subrule (2) — has been paid in that manner.
(2) The Authority may approve an alternative manner of payment for the purposes of this rule by notice published on a website maintained by, or on behalf of, the Authority.
A person shall not remove a vehicle which has been parked in a paid parking station until there has been paid the charge appropriate to the period for which the vehicle has been parked.
A person paying a charge at a paid parking station shall be entitled to receive a receipt showing the period of parking covered by the payment.
(1) A person who wishes to remove a vehicle from a secured parking station between the designated hours must pay to the Authority the charge set out in Schedule 1 item 2A to have the gate to the secured parking station unlocked and opened during those hours.
(2) The Authority may reduce, waive or refund, in whole or in part, the charge prescribed under subrule (1) in a particular case.
(1) Where —
(a) a vehicle is left in a part of the parking station in such a manner as to obstruct the proper use of the parking station; or
(b) a vehicle is left in a parking station for a period in excess of 24 hours,
an officer or servant of the Authority may remove the vehicle to a place appointed by the Authority.
(2) The Authority is to cause a record to be kept of each vehicle removed under this rule including —
(a) a description of the vehicle;
(b) details of the date and time of removal; and
(c) details of the place from which the vehicle was removed.
[(3) deleted]
If a vehicle is removed under rule 18 —
(a) the vehicle may be recovered on payment of the charges prescribed in Schedule 1 item 2; and
(b) the Authority may hold the vehicle until the charges prescribed in Schedule 1 item 2 have been paid.
(1) Subject to subrule (2), if a vehicle is not recovered within a period of 2 months, the Authority may sell or otherwise dispose of the vehicle.
(2) The Authority must not sell or otherwise dispose of the vehicle unless —
(a) the Authority has notified the owner of the vehicle by email or post that it is the intention of the Authority to sell or otherwise dispose of the vehicle; or
(b) if the Authority is unable to notify the owner by email or post, the Authority has published in a daily newspaper circulating throughout the State notice of the Authority’s intention to sell or otherwise dispose of the vehicle.
(3) If a vehicle is sold, the proceeds of the sale of the vehicle may be used by the Authority to recoup the costs of the removal, custody and sale of the vehicle.
(1) If the costs of the removal, custody and disposal of the vehicle exceed the proceeds of a sale (if any) of the vehicle, the amount of the excess may be recovered by the Authority from the owner in a court of competent jurisdiction.
(2) If the proceeds of a sale (if any) of a vehicle exceed the costs of the removal, custody and disposal of the vehicle, the amount of the excess must be paid to the owner of the vehicle, or, where the identity or whereabouts of the owner is unknown, must be credited to the account referred to in the
Public Transport Authority Act 2003 section 32.
(1) The Authority may appoint persons to control parking in a parking station.
(2) The Authority shall issue to every authorised person a certificate of his or her appointment in a form from time to time determined by the Authority.
(3) An authorised person shall produce his or her certificate of appointment whenever requested to do so when exercising a power or performing a duty under this by‑law.
A person who is not an authorised person shall not in any way assume the duties of or personate an authorised person.
A person shall not in any way obstruct or hinder an authorised person in the execution of his or her duty.
Authorised persons are authorised —
(a) to carry into effect the provisions of this by‑law;
(b) to report to the Authority on the working, effectiveness and functioning of this by‑law; and
(c) to recommend to the Authority the institution of prosecutions.
(1) The responsible person for a vehicle shall, if required by an authorised person, inform the authorised person of the name and address of the driver of the vehicle at the time when an offence is alleged to have been committed against this by‑law by the driver of the vehicle (in this rule and in rule 28 referred to as
the relevant time ).(2) If the responsible person for the vehicle does not —
(a) inform the authorised person of the name and address of the driver of the vehicle at the relevant time; or
(b) satisfy the authorised person that at the relevant time the vehicle had been stolen or was being unlawfully used,
the responsible person is, in the absence of proof to the contrary, deemed to be the driver of the vehicle.
A person shall not, without the authority of the Authority —
(a) place any sign purporting to be or resembling a sign placed by the Authority under the authority of this by‑law; or
(b) affix any board, sign, placard, notice or other thing to, or paint or write upon, any part of a parking station.
(1) A person shall not remove, damage, deface or misuse any parking station or any part thereof.
(2) No person other than the driver of the vehicle shall remove any notice attached to a vehicle by an authorised person.
(1) Subject to this rule, a person who contravenes or fails to comply with a provision of this by‑law commits an offence and is liable on conviction to a penalty not exceeding $200.
(2) A person who does not contest an allegation that he or she committed an offence against —
(a) this by‑law other than rule 12, may pay to the Authority a modified penalty of $50.00; and
(b) rule 12, may pay to the Authority a modified penalty of $100.00.
(3) Where the Authority is of the opinion that an alleged offence cannot be adequately punished by the payment of the modified penalty it may refuse to accept payment of the modified penalty and may take proceedings against the alleged offender in any court of competent jurisdiction.
(4) Where an alleged offender on being served with a notice under this by‑law does not pay the modified penalty in relation to the offence referred to in the notice within the time prescribed by this by‑law the Authority may take proceedings against the alleged offender in a court of competent jurisdiction.
(1) An authorised person, who has reason to believe a driver of a vehicle has committed an offence against this by‑law, may give the driver a notice in the form of Form 1.
(1A) The notice is taken to have been given to the driver if the authorised person —
(a) leaves the notice in or on the vehicle driven by the driver; or
(b) serves the notice on the responsible person for the vehicle in accordance with rule 31.
(2) The driver of the vehicle at the time of the commission of the alleged offence specified in the notice who does not wish to contest the allegation that he has committed the offence specified in the notice shall —
(a) complete the notice by filling in the particulars required by notice to be given by the driver and sign the notice; and
(b) forward the notice together with the amount of the modified penalty to the Authority within 28 days from the date of the notice.
(3) Production by a person of an acknowledgment by the Authority of due payment of the modified penalty is a defence to a charge of the offence in respect of which the modified penalty was paid.
(1) This rule applies if —
(a) an authorised person reasonably believes a driver of a vehicle has committed an offence against this by‑law; and
(b) the modified penalty payable with respect to the offence has not been paid within the time specified in the notice given under rule 27.
(2) The authorised person may give the responsible person for the vehicle at the relevant time a notice in the form of Form 2.
(3) The notice is taken to have been given to the responsible person if the authorised person serves the notice on the responsible person in accordance with rule 31.
(4) The responsible person is taken to have committed the offence and is liable to pay the penalty prescribed for the offence unless, within 14 days after the day on which the notice is given to the responsible person, the responsible person —
(a) provides to the Authority or an authorised person, in writing —
(i) the offender’s identity and address; or
(ii) evidence that the vehicle had been stolen, or was being unlawfully used, at the relevant time;
or
(b) pays to the Authority the modified penalty.
The Authority shall cause adequate records to be kept of all infringement notices served and modified penalties received in respect of offences against this by‑law.
A penalty for an offence against this by‑law (not being a modified penalty) may be recovered by the Authority by taking proceedings against the alleged offender in a court of competent jurisdiction.
Except as provided in this by‑law, any notice relating to an offence against this by‑law may be served by posting it by pre‑paid post addressed to the alleged offender at his or her usual or last known address, or, if the alleged offender is in business, at his or her usual or last known business address.
In a prosecution for an offence against rule 14 or 15, an averment in the prosecution notice stating that at the time of the alleged offence a paid parking machine was or was not operating properly is to be taken to be proved in the absence of evidence to the contrary.
(1) The charge to be paid for parking a vehicle in a paid parking station on a weekday for any 24 hour period is $2.00.
(2) In this item —
The charge to be paid under rule 18A(1) is $10.00.
The charges to be paid for the recovery of a vehicle removed under rule 18 are —
For removing a vehicle to an appointed place ............................... | $60.00 plus $2.60 per kilometre |
For custody of a vehicle ................. | $10.00 per day or part thereof. |
[rule 27(1)]
INFRINGEMENT NOTICE
............................................................. To Serial No. .......................................
.............................................................
............................................................. Date ................................................
You are hereby notified that it is alleged that on ............................................. the ......................................... day of ................................................................. (
The modified penalty prescribed for this offence is $ .................
If you do not wish to have a complaint of the above offence heard and determined by a court you may pay the modified penalty within 28 days after the date of the service of this notice.
Unless payment is made within 28 days of the date of the service of this notice court proceedings may be instituted against you.
Please see the reverse side of this form for payment options.
Note: If you require an extension of time to pay the modified penalty or if you believe you have good reason to request this Authority to consider withdrawing this infringement notice, you must send your written reasons to the Director Security Services, Public Transport Authority, P.O. Box 383, Northbridge 6865.
Signature of authorised person .............................
Designation .............................
Service Number ............................
Name ......................................................................................................................
Address ..................................................................................................................
Post Code .................
[If your name and address do not appear in this notice please complete the above details to enable a receipt to be forwarded.]
Cheques, Postal Notes or Money Orders should be made out to Public Transport Authority and addressed to Post Office Box 383 Northbridge WA 6865. Please ensure to include your name and infringement number with the payment to enable correct payment reconciliation.
Alternatively, the modified penalty may be paid personally by presenting this notice and the payment amount to the following offices:
Perth Station | Wellington St, Perth | |
Perth Underground Station | Perth Underground Station, Murray St entrance, Perth | (excluding Christmas Day and Boxing Day) |
Esplanade Busport | Mounts Bay Rd, Perth | |
Wellington Street Bus Station | 376 Wellington St, Perth | |
Public Transport Centre | West Parade, East Perth | |
Armadale Booking Office | Armadale Railway Station | |
Midland Booking Office | Midland Railway Station | |
Transit Admin Office | Perth Railway Station |
Payment by phone: Please call 1300 276 468 (credit card payments only)
Payment by internet: infringements.pta.wa.gov.au (credit card payments only)
Biller ID: 1001089 Ref: Please refer to the infringement serial number printed at the top right hand corner on the reverse side of this form.
[rule 28]
NOTICE REQUIRING RESPONSIBLE PERSON FOR VEHICLE TO IDENTIFY DRIVER
To ................................................................................... Serial No. ...................... (not to be completed
...................................................................................
where notice is attached
.................................................................................. Date.................................
to or left in or on vehicle)
the responsible person for vehicle make ................................................. Type .......................... Plate No. ............................
You are hereby notified that it is alleged that on ............................................. the ............................. day of ................................ at about ........................ the driver of the vehicle specified above did .......................................................................... ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. in contravention of the provisions of rule ................. of
The modified penalty prescribed for this offence is $ ..................
Unless within 14 days after the date of the service of this notice —
(a) you —
(i) inform the Authority or .................................................................. ......................................................................................................... (designation(s) of authorised person(s)) of the identity and address of the person who was the driver of the above vehicle at the time of the above offence; or
(ii) satisfy the Authority that the above vehicle had been stolen or was being unlawfully used at the time of the offence is alleged to have been committed; or
(b) the modified penalty is paid,
you will be deemed to have committed the above offence and court proceedings may be instituted against you.
Payment may be made either —
(a) by posting this form together with a cheque, money order or postal note for the amount of $..........., to the Public Transport Authority of Western Australia, PO Box 383, Northbridge 6865; or
(b) by delivering this form and paying the amount of $........... at any Railway Booking Office at such times as that office is open for regular business.
Signature of authorised person .............................
Designation .............................
Authority No. ............................
TO: Public Transport Authority of Western Australia
The identity and address of the driver or person in charge of the above vehicle at the time of the above offence is as follows —
Name ...................................
Address .............................................
....................................... Signed (Responsible person for vehicle)
..................... (Date)
This is a compilation of the
9 May 1997 p. 2304‑13 | 9 May 1997 | |
12 Dec 2003 p. 5041‑7 | 12 Dec 2003 | |
26 Jun 2007 p. 3059-60 | r. 1 and 2: 26 Jun 2007 (see r. 2(a)); By-law other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) | |
5 Nov 2013 p. 4943-9 | r. 1 and 2: 5 Nov 2013 (see r. 2(a)); By-law other than r. 1 and 2: 6 Nov 2013 (see r. 2(b)) | |
13 Jun 2014 p. 1899‑900 | r. 1 and 2: 13 Jun 2014 (see r. 2(a)); By-law other than r. 1 and 2: 14 Jun 2014 (see r. 2(b)) | |
8 Jan 2015 p. 143‑6 | r. 1 and 2: 8 Jan 2015 (see r. 2(a)); By-law other than r. 1 and 2: 27 Apr 2015 (see r. 2(b) and | |
23 Dec 2016 p. 5910‑11 | r. 1 and 2: 23 Dec 2016 (see r. 2(a)); By-law other than r. 1 and 2: 24 Dec 2016 (see r. 2(b)) | |
SL 2020/208 23 Oct 2020 | r. 1 and 2: 23 Oct 2020 (see r. 2(a)); By‑law other than r. 1 and 2: 24 Oct 2020 (see r. 2(b)) | |
ACROD permit........................................................................................................... 1(1)
authorised person........................................................................................................ 1(1)
bicycle........................................................................................................................... 1(1)
designated..................................................................................................................... 1(1)
driver............................................................................................................................. 1(1)
goods........................................................................................................................... 10(2)
motor cycle................................................................................................................... 1(1)
motor cycle space........................................................................................................ 1(1)
motorised scooter........................................................................................................ 1(1)
paid parking machine................................................................................................. 1(1)
paid parking station.................................................................................................... 1(1)
park................................................................................................................................ 1(1)
parking.......................................................................................................................... 1(1)
parking space............................................................................................................... 1(1)
parking station............................................................................................................. 1(1)
responsible person...................................................................................................... 1(1)
secured parking station.............................................................................................. 1(1)
sign................................................................................................................................ 1(1)
stand.............................................................................................................................. 1(1)
standing......................................................................................................................... 1(1)
the relevant time....................................................................................................... 23(1)
ticket vending machine............................................................................................ 14(1)
vehicle........................................................................................................................... 1(1)
weekday...................................................................................................... Sch. 1 cl. 1(2)
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0
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