Local Government (Parking) Regulations 1991 (SA)

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(Reprint No. 5)

SOUTH AUSTRALIA

LOCAL GOVERNMENT (PARKING) REGULATIONS 1991

These regulations are reprinted pursuant to the Subordinate Legislation Act 1978 and incorporate all amendments in force as at 3 February 1997.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

1.                Citation

2.                Commencement

3.                Revocation

4.                Interpretation

PART II

PARKING CONTROLS

5.                Establishment of parking controls

6.                Denotation of parking controls on roads

7.                Denotation of parking controls in other public places

8.                Denotation of parking controls generally

9.                Operation of parking controls

10.                Council’s powers may not be delegated

11.                Temporary parking controls

12.                Register of parking controls

13.                Availability of Act, regulations and Standard

PART III

PARKING OFFENCES

DIVISION I—INTERPRETATION

14.                Interpretation

DIVISION II—OFFENCES AGAINST PARKING CONTROLS

15.                Prohibited zone

16.                Loading zone

17.                Permit zone

18.                Works, truck, bus, taxi or mail zone

19.                Restricted parking or parking zone subject to limitations

20.                Time limit

21.                Angle parking

22.                Fees

23.                Parking spaces

24.                Displaying permit or ticket

DIVISION III—OTHER OFFENCES

25.                Prohibitions on parking in certain public places

26.                Limitations on parking on roads

27.                Long vehicles

28.                General offences

DIVISION IV—MISCELLANEOUS

29.                Driver offence

30.                Further offence each hour

31.                Exempt vehicles

PARK IV

MISCELLANEOUS

32.                Damage to signs, etc.

33.                Evidence

34.                Marking of tyres

SCHEDULE 1

City of Adelaide Park Lands

SCHEDULE 2

Transitional Provisions

SCHEDULE 3

Expiation Fee for Alleged Offence Against reg. 29

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE LOCAL GOVERNMENT

ACT 1934

LOCAL GOVERNMENT (PARKING) REGULATIONS 1991

being

No. 86 of 1991: Gaz. 27 June 1991, p. 20751

as varied by

No. 252 of 1991: Gaz. 12 December 1991, p. 1874 No. 224 of 1993: Gaz. 30 September 1993, p. 15412 No. 204 of 1995: Gaz. 9 November 1995, p. 13273

No. 216 of 1996: Gaz. 19 September 1996, p. 11964 No. 259 of 1996: Gaz. 23 December 1996, p. 22625

1 Came into operation 5 August 1991: reg. 2.

2 Came into operation 1 November 1993: reg. 2.

3 Came into operation 9 November 1995: reg. 2.

4 Came into operation (except reg. 3) 19 September 1996: reg. 2(1); reg. 3 came into operation 1 November 1996: reg. 2(2).

5 Came into operation 3 February 1997: reg. 2.

NOTE:

Asterisks indicate repeal or deletion of text.

Entries appearing in bold type indicate the amendments incorporated since the last reprint.

For the legislative history of the regulations see Appendix.

PART I

PRELIMINARY

Citation

1. These regulations may be cited as the Local Government (Parking) Regulations 1991.

Commencement

2. These regulations will come into operation on 5 August 1991.

Revocation

3. The Parking Regulations 1981 (see Gazette 11 June 1981 p. 1797), as varied, are revoked.

Interpretation

4. In these regulations, unless the contrary intention appears—

"the Act" means the Local Government Act 1934:

"bus" means a motor vehicle—

(a)

designed for the principal purpose of carrying passengers;

and

(b)

designed to carry more than eight persons (including the driver):

"carriageway" has the same meaning as in the Road Traffic Act 1961:

"the City of Adelaide Park Lands" means all land under the care, control and management of the Corporation of the City of Adelaide within the shaded areas designated PL1 to PL18 (inclusive) in the plan in schedule 1, but does not include—

(a)

land leased or otherwise alienated to some other body or person;

or

(b)

any road,

within those areas:

"commercial motor vehicle" means a motor vehicle constructed solely or mainly for the

carriage of goods and—

(a)

includes a motor vehicle of the type commonly called a utility;

but

(b)

excludes a motor vehicle of the type commonly called a station wagon or station sedan:

"disabled person’s parking permit" means—

(a)

a permit issued under Part IIID of the Motor Vehicles Act 1959;

or

(b)

a similar permit or authority issued under the law of another State or a Territory of the Commonwealth:

"footpath" includes—

(a)

a footway, lane or other place made or constructed for the use of pedestrians and not for the use of vehicles;

(b)

the portion of a road between the edge of the carriageway and the boundary between the road and the adjoining land on the same side of the carriageway as that edge:

"intersection" has the same meaning as in the Road Traffic Act 1961:

"junction" has the same meaning as in the Road Traffic Act 1961:

"kerb", in relation to a road, means the boundary between the carriageway and the adjoining

footpath or, if there is no footpath, the adjoining land:

"long vehicle" means a vehicle (including any trailer, caravan or other vehicle attached to the

vehicle) that exceeds six metres in length:

"parallel parked", in relation to a vehicle, means parked—

(a)

on a road, aligned to the kerb and facing the lawful direction of travel along that part of the carriageway nearest to the kerb;

and

(b)

with the kerbside wheels of the vehicle within 300 millimetres of the kerb:

"to park" includes to stand:

"parking control" means a zone established in accordance with these regulations together with any exemption granted or limitation or condition imposed in accordance with these regulations in relation to parking in the zone:

"parking meter" means a device designed for the purposes of receiving fees payable for parking in a parking space and measuring and indicating the period for which a vehicle may be parked in the space according to the fees paid:

"parking space" means a space denoted as a parking space within a zone in accordance with

these regulations:

"pedestrian crossing" has the same meaning as in the Road Traffic Act 1961:

"public place" has the same meaning as in Part XXIIA of the Act:

"road" means the carriageway of any public street or road or public thoroughfare:

"roundabout" has the same meaning as in the Road Traffic Act 1961:

"the Standard" means Part 11 of Australian Standard Manual of uniform traffic control

devices—Parking controls (AS 1742.11—1989) as amended 11 May 1992:

"ticket dispensing device" means a device designed for the purposes of receiving fees payable

for parking a vehicle in a zone in respect of which a time limit applies and providing a ticket

indicating the time until which the vehicle may be parked in the zone:

"traffic island" means an area of land (however marked or set apart)—

(a)

that divides a public street, road or public thoroughfare into separate carriageways and is not ordinarily used for the passage of vehicles (including a median strip, dividing strip or roundabout);

or

(b)

that is comprised of a portion of the footpath that protrudes on to the carriageway (so as to interrupt the normal line of the boundary of the carriageway) and—

(i)

is designed to regulate the flow of traffic along the carriageway;

or

(ii)

divides or marks the end of a zone in respect of which a parking control is in force:

"traffic lights" has the same meaning as in the Road Traffic Act 1961:

"vehicle" has the same meaning as in Part XXIIA of the Act.

PART II

PARKING CONTROLS

Establishment of parking controls

5. (1) Subject to subregulation (2), a council may, by resolution, establish in any public place within its area—

(a)

a prohibited zone (being a zone in which parking is generally prohibited);

(b)

a restricted parking zone (being a zone in which parking is limited to certain classes of vehicles or to parking for certain purposes);

(c)

a parking zone (being a zone in which parking is generally permitted).

(2) A zone must not be established in a place in which it would otherwise be an offence to park under regulation 26 unless the approval of the Minister of Transport has been obtained.

(3) A resolution establishing a zone—

(a)

may state that the zone is to operate only during specified periods;

(b)

may refer to or incorporate a plan.

(4) A resolution establishing a prohibited zone

(a)

must specify whether the zone is a No Standing zone or a No Parking zone;

(b)

may exempt a specified vehicle or vehicles of a specified class from the parking control.

(5) A resolution establishing a restricted parking zone

(a)

must specify whether the zone is a loading zone, permit zone, works zone, truck zone, bus zone, taxi zone or mail zone;

(b)

must, in the case of a permit zone, specify the class of permit required for parking in the zone;

(c)

may further limit the class of vehicle that may be parked in the zone.

(6) A resolution establishing a parking zone

(a)

may limit the class of vehicle that may be parked in the zone;

(b)

may impose any of the following conditions on parking in the zone:

(i)

that parking is subject to a specified time limit;

(ii)

subject to section 82a of the Road Traffic Act 1961, that vehicles must be angle parked;

(iii)

that a specified fee for parking must be paid in a specified manner (including payment by way of parking meter or ticket dispensing device).

(7) A council may, by subsequent resolution—

(a) abolish a zone;

(b)

if a zone is permanent, resolve that it is to operate only during specified periods;

(c)

if a zone operates only during specified periods, vary those periods or resolve that it is to be permanent;

(d)

vary the boundary or layout of a zone;

(e)

vary or substitute any plan referred to or incorporated in a resolution establishing a zone;

(f)

vary or revoke an exemption granted or limitation or condition imposed in relation to parking in a zone;

(g)

grant further exemptions or impose further limitations or conditions in the terms referred to in subregulations (4), (5) or (6) in relation to parking in a zone.

(8) Where a zone established under these regulations provides for parallel parking, the zone will, in the absence of a resolution providing to the contrary, be taken—

(a)

inthecaseofaloadingzone,workszone,ortruckzone—tobe2.6metreswide (measured at right angles to the kerb);

(b)

in any other case—to be 2.3 metres wide.

(9) Where a zone established under these regulations provides for angle parking, the zone will, in the absence of a resolution providing to the contrary, be taken—

(a)

to provide for 45° angle parking;

(b)

to be—

(i)

in the case of 90° angle parking—5.4 metres deep (measured at right angles to the kerb or other boundary along which vehicles may be parked);

(ii)

in the case of 60° angle parking—6.0 metres deep;

(iii)

in the case of 45° angle parking—5.75 metres deep;

and

(iv)

in the case of 30° angle parking—5.0 metres deep.

Denotation of parking controls on roads

6. (1) This regulation applies only in relation to a parking control established on a road.

(2) A prohibited zone must be denoted—

(a)

in the case of a No Standing zone that is permanent and to which no exemptions apply—

(i)

by signs constituted of No Standing panels in accordance with the Standard (see esp. cl. 4.3.2.3); or

(ii)

by pavement markings made in accordance with the Standard (see cl. 7.3); or

(iii)

by a combination of such signs and pavement markings;

(b)

in the case of any other No Standing zone—by signs constituted of No Standing panels in accordance with the Standard (see esp. cl. 4.3.2.3);

(c)

inthecaseofaNoParkingzone—bysignsconstitutedofNoParkingpanelsin accordance with the Standard (see esp. cl. 4.3.2.3).

(3) An exemption from a parking control comprised of a prohibited zone must be denoted on the relevant No Standing or No Parking panels in accordance with the Standard (see cl. 4.3.4(c)).

(4) A restricted parking zone must be denoted by signs constituted of zone panels (appropriate to the class of zone concerned) in accordance with the Standard (see esp. cl. 4.3.2.2).

(5) Any further limitation on the class of vehicle that may be parked in a restricted parking zone must be denoted by displaying that limitation on the relevant zone panels in accordance with the Standard (see cl. 4.3.4(b)).

(6) A parking zone must—

(a)

if parking in the zone is subject to any limitation or condition—be denoted by signs constituted of parking panels in accordance with the Standard (see esp. cl. 4.3.2.1);

(b)

if parking in the zone is not subject to any limitation or condition—be denoted by such signs or by marking out parking spaces or bays in accordance with the Standard (see cl. 7.2 and cl. 8).

(7) Any limitation on the class of vehicle that may be parked in a parking zone must be denoted by displaying that limitation on the relevant parking panels in accordance with the Standard (see cl. 4.3.4(a)).

(8) A time limit imposed on parking in a parking zone must be denoted by displaying the appropriate duration code on the relevant parking panels in accordance with the Standard (see cl. 4.3.2.1).

(9) A condition that vehicles be angle parked in a parking zone must be denoted—

(a)

by indicating that method of parking on the relevant parking panels in accordance with the Standard (see cl. 4.3.2.1);

or

(b)

by marking out parking spaces or bays providing for angle parking in accordance with the Standard (see cl. 7.2 and 8.3).

(10) A condition that a specified fee for parking in a parking zone be paid in a specified manner must be denoted by indicating that method of payment on the relevant parking panels in accordance with the Standard (see cl. 4.3.2.1).

(11) A council may mark out parking spaces or bays in any zone, or make other pavement markings, in accordance with the Standard.

Denotation of parking controls in other public places

7. (1) This regulation applies only in relation to a parking control established in a public place other than on a road.

(2) A parking control must be denoted by signs or pavement markings or a combination of signs and pavement markings.

(3) A council may mark out parking spaces or bays in any zone.

(4) In denoting a parking control or marking out parking spaces or bays, a council should—

(a)

haveregardtotheprovisionsoftheStandardthatrelatetoareaparkingcontrol (see esp. cl. 5.2);

and

(b)

wherever practicable, use signs and pavement markings similar to those that would be required to be used, or could be used, if the parking control were established on a road.

Denotation of parking controls generally

8. (1) Where a zone is required or authorized by these regulations to be denoted by signs, the zone will be taken to be so denoted if one or more signs are erected in association with the zone in such a manner that the area comprising the zone is clearly indicated having regard to—

(a)

the positioning of the signs;

(b) any pavement markings;

(c)

any adjacent or intervening areas in relation to which parking is prohibited by these regulations;

and

(d)

any other characteristic of the physical surroundings of the area.

(2) A parking control may be denoted in accordance with these regulations by reference to the Standard whether or not the effect of imposing the parking control as contemplated by the Standard is the same as that contemplated by these regulations. (Note, in particular, that the effect of imposing a No Parking zone, No Standing zone or loading zone as contemplated by the Standard is different to that contemplated by these regulations.)

Operation of parking controls

9. (1) Subject to this regulation, a zone comes into operation, and an exemption, limitation or condition in relation to parking in a zone takes effect, when denoted in accordance with these regulations.

(2) A condition that a specified fee for parking in a parking zone be paid in a specified manner takes effect when that condition is denoted in accordance with these regulations and the facilities necessary for the implementation of that method of payment are in place and first become operational.

(3) A zone is permanent unless the periods during which it operates are denoted on the relevant signs in accordance with the Standard (see cl. 4.3.3).

(4) A resolution under regulation 5(7) takes effect when the appropriate alterations to the denotation of the zone concerned are made.

Council’s powers may not be delegated

10. The powers vested in a council by regulation 5 are prescribed powers for the purposes of section 41(2)(f) of the Act, except for those powers relating to the establishment, variation or abolition of permit zones for holders of disabled person’s parking permits or residential parking permits.

Temporary parking controls

11. (1) Subject to this regulation, the chief executive officer of a council, or other officer of the council authorized by the chief executive officer, may, from time to time by instrument in writing, exercise the powers of the council under regulation 5 for the purposes of imposing, varying or abolishing a parking control on a temporary basis.

(2) Where a parking control is imposed, varied or abolished under subregulation (1), the parking control imposed or the variation or abolition cannot have effect for a period exceeding 35 days.

(3) A parking control imposed or varied under subregulation (1)—

(a)

must be denoted in accordance with these regulations except—

(i)

that a parking control established on a road may be denoted by signs that contain the information required in accordance with the Standard but do not otherwise comply with the Standard;

and

(ii)

thatanysigndenotingtheparkingcontrolmustdisplaythewords "TEMPORARY PARKING CONTROL" in a prominent position;

and

(b)

takes effect when so denoted.

Register of parking controls

12. (1) The chief executive officer of a council must establish and maintain a register of parking controls imposed within the area of the council.

(2) The register of parking controls must contain the following information in respect of each parking control (whether imposed before or after the commencement of these regulations):

(a)

if—

(i)

the parking control is established on a road—the name of the road and the name of the suburb or town in which it is situated;

(ii)

the parking control is established in some other public place—a description of the place and the name of the suburb or town in which it is situated;

(b)

if—

(i)

a plan is referred to or incorporated in the resolution or instrument establishing the zone—a reference to the plan and, if more than one zone is shown on the plan, a reference distinguishing the zone concerned;

(ii)

a plan is not referred to or incorporated in the resolution or instrument establishing the zone—a detailed description of the area comprising the zone;

(c)

the class of zone;

(d)

if the zone is not permanent—the periods during which the zone operates;

(e)

if any exemption has been granted or limitation or condition imposed in relation to parking in the zone—a description of the exemption, limitation or condition;

(f)

if it is a temporary parking control—the period for which it is to operate;

(g)

the date of the resolution or instrument establishing the zone;

(h)

thedateofdenotationofthezone,andofanyrelevantexemption,limitationor condition.

(3) Where a parking control (whether imposed before or after the commencement of these regulations) is varied or abolished, the details of the variation or a note of the abolition (including the date of the relevant resolution or instrument and the date of alteration to the denotation of the zone concerned or the exemption, limitation or condition concerned) must be entered on the register.

(4) A zone must remain on the register for a period of two years after it is abolished.

(5) An exemption granted or a limitation or condition imposed in relation to parking in a zone must remain on the register for a period of two years after it ceases to have effect.

(6) If a resolution or instrument establishing a zone refers to or incorporates a plan, a copy of the plan must be kept at the council’s office.

(7) A person may inspect the register and any plan kept under this regulation during office hours at the council’s office.

(8) The register must be in a form or indexed in a manner that enables it to be searched by reference to—

(a)

the name of the road or description of the public place in respect of which each parking control is established;

and

(b)

the class of zone constituting each parking control.

(9) A copy of the register or any part of the register must be provided to any person who requests it on payment of the fee fixed by the council for the purpose.

(10) This regulation does not apply in relation to parking controls imposed before the commencement of these regulations until 1 year after that commencement.

Availability of Act, regulations and Standard

13. The chief executive officer of each council must ensure that a copy of the Act, these regulations and the Standard are available for inspection by any person during office hours at the council’s office.

PART III

PARKING OFFENCES

DIVISION I—INTERPRETATION

Interpretation

14. (1) In this Part—

(a)

areferencetoazoneofaparticularclassisareferencetoazoneofthatclass established, denoted and in operation in accordance with these regulations;

(b)

a reference to an exemption, limitation or condition in relation to parking in a zone is a reference to an exemption, limitation or condition in relation to parking in the zone granted or imposed, denoted and in operation in accordance with these regulations.

(2) For the purposes of this Part, a vehicle will be regarded as parked—

(a)

in a zone or parking space—if any part of the vehicle or anything in, on or attached to the vehicle is in or protrudes into the zone or parking space;

(b)

in a public place—if any part of the vehicle or anything in, on or attached to the vehicle is in or protrudes into the public place;

(c)

within a specified distance of a place or thing—if any part of the vehicle or anything in, on or attached to the vehicle is within that specified distance.

(3) For the purposes of these regulations, a vehicle will be regarded as parked for a continuous period in the same place despite the fact that the vehicle has been moved if, within 1 hour—

(a)

it is returned to the same place; or

(b)

it is moved to another place (with the same or a lesser time limit) that is less than 100 metres away.

DIVISION II—OFFENCES AGAINST PARKING CONTROLS

Prohibited zone

15. (1) A vehicle must not be parked in a No Standing zone.

(2) A vehicle must not be parked in a No Parking zone except for the purpose only of the immediate setting down or picking up of a passenger or goods.

(3) This regulation does not apply to a vehicle, or a vehicle of a class, that is exempted in relation to parking in the zone.

Loading zone

16. A vehicle must not be parked in a loading zone unless—

(a)

the vehicle is a commercial motor vehicle that is being loaded or unloaded and the vehicle is parked for no longer than such time as is necessary to complete the loading or unloading (but in any event for no longer than 30 minutes);

(b)

in the case of any other vehicle—the vehicle is being loaded or unloaded, the cargo is difficult to load or unload because of its weight or size and the vehicle is parked for no longer than such time as is necessary to complete the loading or unloading (but in any event for no longer than 10 minutes);

or

(c)

the vehicle is parked only for the purpose of the immediate setting down or picking up of a passenger or goods.

Permit zone

17. (1) A vehicle must not be parked in a permit zone for holders of disabled person’s parking permits unless such a permit is lawfully displayed in the vehicle.

(2) A vehicle must not be parked in any other permit zone unless—

(a)

an appropriate permit issued or recognized by the council of the area in which the zone is situated is displayed in the vehicle;

and

(b)

the vehicle is parked in accordance with the terms of that permit.

Works, truck, bus, taxi or mail zone

18. A vehicle must not be parked in a works zone, truck zone, bus zone, taxi zone or mail zone

unless—

(a)

in the case of a works zone—the vehicle is being used in connection with building work (within the meaning of the Building Act 1971) being carried out on adjacent land;

(b)

in the case of a truck zone—the vehicle is a commercial motor vehicle that is being loaded or unloaded and the vehicle is parked for no longer than such time as is necessary to complete the loading or unloading (but in any event for no longer than 30 minutes);

(c)

in the case of a bus zone within the area of the City of Adelaide—the vehicle is a bus—

(i)

that is being used by the State Transport Authority;

(ii)

that is being used by the holder of a licence under Part IVb of the Road Traffic Act 1961 that is subject to a condition specifying the route or routes over which the licensee is licensed to operate vehicles;

or

(iii)

that is parked only for the purpose of setting down or picking up passengers and their accompanying luggage and is parked for no longer than such time as is necessary for that purpose (but in any event for no longer than 15 minutes);

(d)

in the case of any other bus zone—the vehicle is a bus;

(e)

in the case of a taxi zone—the vehicle is a duly licensed taxi and the driver is in attendance and plying for hire;

(f)

in the case of a mail zone—the vehicle is being used by or on behalf of Australia Post to collect mail from a posting box or post office.

Restricted parking or parking zone subject to limitations

19. A vehicle must not be parked in a restricted parking zone or a parking zone contrary to any limitation on the class of vehicle that may be parked in the zone.

Time limit

20. If a time limit is imposed on parking in a parking zone, a vehicle must not be parked in

the zone—

(a)

inthecaseofavehicleinwhichadisabledperson’sparkingpermitislawfully displayed—for a period in excess of 90 minutes longer than the specified time limit;

(b)

in any other case—for a period in excess of the specified time limit.

Angle parking

21. (1) A vehicle must not be parked in a parking zone in which vehicles must be angle parked unless the vehicle is parked—

(a)

at the denoted angle (or, if no particular angle is denoted, 45°) to the kerb or other boundary or line along which vehicles may be angle parked;

and

(b)

with the foremost front wheel (or, in the case of a motor cycle, the front or back wheel) as close as practicable to that kerb, boundary or line.

(2) A long vehicle must not be parked in a parking zone in which vehicles must be angle

parked.

Fees

22. (1) A vehicle must not be parked in a parking zone in respect of which a fee must be paid unless that fee is paid in the manner determined in accordance with these regulations.

(2) Where the manner determined in accordance with these regulations for the payment of fees for parking in a parking zone is—

(a)

the operation of a parking meter—a vehicle must not be parked in a parking space in the zone (other than for such time as is necessary to place money in the meter on first arriving at the space) if the parking meter for the space indicates that the time allowed for parking has expired;

(b)

the operation of a ticket dispensing device—a vehicle must not be parked in a parking space in the zone (other than for such time as is necessary to obtain a ticket and display it in the vehicle on first arriving at the space) if a valid ticket is not displayed in the vehicle.

(3) For the purposes of this regulation, a ticket obtained from a ticket dispensing device is valid only in respect of parking in a parking space in the zone in respect of which the machine is installed on the date shown on the ticket until the time shown on the ticket.

Parking spaces

23. (1) A vehicle must not be parked in a parking space that is already occupied by another vehicle (except that two motor cycles may be parked in the same parking space).

(2) Subject to this regulation, a vehicle parked in a zone in which parking spaces are marked out must be parked wholly within a parking space so that no part of the vehicle or anything in, on or attached to the vehicle protrudes outside the parking space.

(3) Where a zone is marked out with parking spaces and provides for parallel parking, a vehicle the length of which (including any trailer, caravan or other vehicle attached to the vehicle) exceeds the length of any such parking space may be parallel parked in that zone so that it takes up more than one space.

Displaying permit or ticket

24. For the purposes of this Division, a permit or ticket is displayed in a vehicle only if the permit or ticket is displayed on the inside of the windscreen on the side opposite to the driver’s position (or, if the vehicle does not have a windscreen, in some other prominent position) so that the permit or the side of the ticket indicating the time until which the vehicle may be parked (as the case may require) is easily legible to a person standing beside the vehicle.

DIVISION III—OTHER OFFENCES

Prohibitions on parking in certain public places

25. (1) A vehicle (other than a bicycle) must not be parked in a public place except on a road or in a place specifically set aside for parking.

(2) Without limiting the generality of subregulation (1), a vehicle (other than a bicycle) must not be parked—

(a)

on the City of Adelaide Park Lands;

(b)

on any other park lands or on any plantation, ornamental ground or reserve;

(c)

on a footpath within a municipality or township;

or

(d)

on a traffic island, safety island, safety bar, safety zone or other traffic control device,

except in a place specifically set aside for parking.

(3) This regulation does not apply in relation to a vehicle parked in a parking zone in which vehicles must be angle parked adjoining a public place if the front of the vehicle protrudes over that public place but the wheels remain in the zone.

Limitations on parking on roads

26. (1) A vehicle must not be parked on a road—

(a)

on a pedestrian crossing;

or

(b)

within 9 metres of the approach side or 6 metres of the departure side of a pedestrian crossing.

(2) A vehicle must not be parked on a road—

(a)

on a railway crossing;

or

(b)

within 18 metres of the nearest rail of a railway crossing.

(3) A vehicle must not be parked on a road within 9 metres of the approach side or 6 metres of the departure side of traffic lights installed at a place other than an intersection or junction.

(4) A vehicle must not be parked on a road within 18 metres of the approach side or 6 metres of the departure side of an intersection or junction at which traffic lights are installed.

(5) Subject to subregulation (6), a vehicle must not be parked on a road within 6 metres of the approach or departure side of an intersection or junction at which traffic lights are not installed.

(6) Subregulation (5) does not apply to a vehicle parked on the side of a road opposite to another road that adjoins to form a T junction.

(7) A vehicle (other than a bus) must not be parked on a road within 3 metres of the approach or departure side of a sign bearing the words "bus stop" or "hail bus here" or other words designating a bus stop, erected otherwise than in conjunction with a bus zone established under these regulations.

(7a) A vehicle must not be parked on a road within 3 metres of the approach or departure side of an Australia Post post box (except if the vehicle is being used by or on behalf of Australia Post to collect mail from the box).

(8) A vehicle must not be parked on a bridge or culvert.

(9) A vehicle must not be parked on a road alongside a traffic island that is comprised of a portion of the footpath that protrudes on to the carriageway and is designed to control the flow of traffic along the carriageway or divides or marks the end of a zone in respect of which a parking control is in force.

(10) Where a vehicle is parked on a road, no other vehicle may be parked between that vehicle and the centre of the road.

(11) This regulation does not apply in relation to parking in a restricted parking zone or parking zone established in a place in which it would otherwise be an offence to park under this regulation.

Long vehicles

27. (1) A long vehicle must not be parked on a road in a municipality or township for a period longer than 1 hour unless it is being loaded or unloaded and is parked for no longer than such time as is necessary to complete the loading or unloading.

(2) This regulation does not apply in relation to parking in a restricted parking zone or

parking zone.

(Note that a council may grant an exemption from this, or any other, regulation under section 475b of the Act.)

General offences

28. (1) A vehicle (other than a motor cycle) that is parked on a road must, unless it is in a

parking zone in which vehicles must be angle parked, be parallel parked.

(2) A motor cycle that is parked on a road must, unless it is in a parking zone in which vehicles must be angle parked or in a parking zone in which parking spaces for motor cycles are marked out, be parked with at least one wheel as near as practicable to the kerb.

(3) A vehicle must not be parked so close to another vehicle that it prevents or impedes the passage of a pedestrian between the vehicles.

(4) A vehicle must not be parked so as to obstruct access to—

(a) a fire hydrant;

or

(b)

a fire plug, the presence of which is indicated by a pole, sign or other marking,

and, in any event, must not be parked within one metre of such a fire hydrant or fire plug.

(5) A vehicle must not be parked so as to obstruct access from a public place to—

(a)

an entrance or exit (including an emergency exit) to or from a public or private place; or

(b)

adriveway,crossingplaceorothervehicularpathwayleadingtoorfromsuchan entrance or exit,

and, in any event, a vehicle must not be parked within 1.8 metres of the approach or departure side

of such an entrance, exit, laneway, driveway, crossing place or other vehicular pathway.

(6) A vehicle must not be parked so as to obstruct access to a zone established under these

regulations.

(7) A vehicle must not be parked alongside a barricade erected in connection with any works.

DIVISION IV—MISCELLANEOUS

Driver offence

29. If a vehicle is parked so that it contravenes or does not comply with these regulations, the driver is guilty of an offence.

Penalty:

$500.

Expiation fee:

The relevant fee set out in Schedule 3.

Further offence each hour

30. If a person is guilty of an offence by reason of a vehicle being parked so that it contravenes or does not comply with these regulations, the person is guilty of a further offence—

(a)

in the case of an offence of exceeding a specified time limit (see reg. 20)—

(i)

where the specified limit is one or more hours—for each hour that the vehicle remains parked in the zone while the zone is in operation;

(ii)

where the specified limit is less than one hour—for each period so specified that the vehicle remains parked in the zone while the zone is in operation;

(b)

in any other case—for each hour that the offence continues.

Penalty:

$500.

Expiation fee:

$13.

Exempt vehicles

31. Notwithstanding any other provision of these regulations, no offence arises from the

parking of—

(a)

a vehicle that is being used by—

(i)

an authorized person (as defined in the Act);

(ii)

an authorized person within the meaning of the State Transport Authority Regulations 1989;

or

(iii)

a member of the police force,

in the course of official duties;

(b)

a fire services vehicle that is being used for purposes related to fire fighting or fire prevention;

(c)

an ambulance or similar vehicle;

(d)

a vehicle that is being used for the purposes of the State Emergency Service;

(da) a vehicle operated by the Police Security Services Division of the South Australian Police Department that is being used in connection with the enforcement of the road traffic laws of the State;

(e)

a vehicle that is being used for purposes related to road safety, maintenance or repair;

or

(f)

a vehicle that is being used by a public authority for purposes related to the installation, maintenance or repair of the authority’s property, provided that it is reasonably necessary for those purposes to park the vehicle in the offending position and the vehicle is not parked in a manner likely to endanger public safety.

PART IV

MISCELLANEOUS

Damage to signs, etc.

32. A person must not, without lawful authority—

(a)

deface, damage or interfere with a device used in relation to the parking of vehicles under these regulations or a sign or marking placed or made under these regulations;

(b)

operateadeviceusedinrelationtotheparkingofvehiclesundertheseregulations contrary to any operating instructions displayed on or in the vicinity of the device;

or

(c)

place on or remove from a vehicle of which he or she is not the owner or driver a notice issued, or purporting to be issued, under section 794a of the Act without the consent of the owner or driver.

Penalty:

$500.

Expiation fee:

$38.

Evidence

33. (1) In proceedings for an offence against these regulations, an allegation in the complaint

that—

(a)

a specified vehicle was not, at a specified time, being used in connection with building work being carried out on land adjacent to a works zone;

or

(b)

a notice was sent at a specified time to the owner or an alleged driver of a vehicle pursuant to section 789d of the Act in relation to the offence,

will be accepted as proved in the absence of proof to the contrary.

* * * * * * * * * *

Marking of tyres

34. (1) An authorized person may place erasable marks on the tyres of a vehicle in the course of official duties relating to the parking of vehicles.

(2) A person must not, without lawful authority, erase a mark made pursuant to subregulation (1).

Penalty:

$500.

Expiation fee:

$38.

SCHEDULE 1

City of Adelaide Park Lands

SCHEDULE 2

Transitional Provisions

1. An area or zone of a class listed below that was in operation in a council area under the revoked regulations immediately prior to the commencement of these regulations and is denoted in accordance with the revoked regulations is to be taken to be a parking control of the appropriate class set out below as if it had been imposed and denoted and were in operation in accordance with these regulations.

Class of area or zone established prior to these

Corresponding parking control under these regulations

regulations

angle parking area or zone

parking zone in which vehicles must be angle parked

bicycle area

parking zone limited to bicycles

bus zone

bus zone

loading area or zone

loading zone

mail van area

permanent mail zone

metered zone

parking zone in which parking is subject to a time limit and

to payment of a fee by way of parking meter

motor cycle area

parking zone limited to motor cycles

parking area or zone

parking zone

permit area

permit zone or, if parking in the zone is not by way of

permit. No Parking zone subject to exemption

prohibited area

prohibited zone

denoted by signs or lines in accordance

permanent No Standing zone

with clause (1)(a) of the third schedule

to the revoked regulations

denoted by signs in accordance with

No Standing zone that operates only during specified periods

clause (1)(b) of that schedule

denoted by signs in accordance with

No Parking zone

clause (1)(c) of that schedule

residential permit area

permanent permit zone for holders of residential parking

permits

taxi stand or area

taxi zone

time limit area or zone

parking zone in which parking is subject to a time limit.

2. Where clause 1 does not specify that a zone is permanent or operates only during specified periods, the zone is to be taken to be permanent unless the signs denoting the zone in accordance with the revoked regulations designate that it is only to operate during certain hours or days or on certain occasions.

3. No obligation arises on the commencement of these regulations to replace existing signs or pavement markings denoting a parking control in operation immediately prior to that commencement with signs or markings that denote the parking control in accordance with these regulations.

4. A council may denote a parking control of a class set out in the second column of the table in clause 1 (whether imposed before or after the commencement of these regulations) with signs that would have been appropriate, pursuant to the revoked regulations, to a zone or area of the corresponding class as set out in the first column of that table and that were manufactured before the commencement of these regulations.

5. Where a council denotes a parking control in accordance with clause 4, the zone concerned comes into operation, and any exemption, limitation or condition to which the zone is subject takes effect, when so denoted.

6. Any parking space marked out in accordance with the revoked regulations as at the commencement of these regulations is to be taken to be a space denoted as a parking space within a zone in accordance with these regulations.

7. In this schedule—

"the revoked regulations" means the Parking Regulations 1981 as in force immediately prior to the

commencement of these regulations.

SCHEDULE 3

Expiation Fee for Alleged Offence

Against reg. 29

In the case of alleged contravention of, or failure to comply with—

reg. 15(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$38

reg. 15(2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$29

reg. 16. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 17(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$57

reg. 17(2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 18(c) or (d) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$38

reg. 18(a), (b), (e) or (f)

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 19. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 20. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$13

reg. 21(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 21(2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$38

reg. 22(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$13

reg. 22(2)(a) or (b) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$13

reg. 23(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 23(2). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$13

reg. 25(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 25(2)(a) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$63

reg. 25(2)(b) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$29

reg. 25(2)(c) or (d) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$38

reg. 26(1) to (5). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$38

reg. 26(7) to (10)

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$38

reg. 27(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$38

reg. 28(1). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$23

reg. 28(2) or (3). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$13

reg. 28(4) or (5). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

$29

reg. 28(6). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$13

reg. 28(7). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

$19

APPENDIX

LEGISLATIVE HISTORY

Transitional Provisions

(Transitional provision from Regulation No. 259 of 1996, reg. 4)

4. A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

Legislative History

(entries in bold type indicate amendments incorporated since the last reprint)

Regulation 4:

definition of "kerb" varied by 224, 1993, reg. 3(a)

definition of "the Standard" substituted by 224, 1993, reg. 3(b)

Regulation 6(2):

varied by 224, 1993, reg. 4

Regulation 14(3):

substituted by 224, 1993, reg. 5

Regulation 15(2):

varied by 224, 1993, reg. 6

Regulation 18:

varied by 224, 1993, reg. 7

Regulation 21:

varied and redesignated as reg. 21(1) by 224, 1993, reg. 8

Regulation 21(2):

inserted by 224, 1993, reg. 8(b)

Regulation 23(1):

varied by 204, 1995, reg. 3

Regulation 23(2):

varied by 224, 1993, reg. 9

Regulation 25(2):

varied by 224, 1993, reg. 10

Regulation 26(7a):

inserted by 216, 1996, reg. 3

Regulation 28(4):

substituted by 252, 1991, reg. 2

Regulation 28(5):

substituted by 224, 1993, reg. 11; varied by 204, 1995, reg. 4

Regulations 29 and 30:

varied by 259, 1996, reg. 3 (Sched. cl. 15)

Regulation 31:

varied by 216, 1996, reg. 4

Regulation 32:

varied by 259, 1996, reg. 3 (Sched. cl. 15)

Regulation 33:

redesignated as reg. 33(1) by 252, 1991, reg. 3

Regulation 33(2) and (3):

inserted by 252, 1991, reg. 3; revoked by 224, 1993, reg. 12

Regulation 34(2):

varied by 259, 1996, reg. 3 (Sched. cl. 15)

Schedule 3:

inserted by 259, 1996, reg. 3 (Sched. cl. 15)

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