Private Parking Areas Regulations 2001 (SA)

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South Australia

Private Parking Areas Regulations 2001

under the Private Parking Areas Act 1986

1Short title

These regulations may be cited as the Private Parking Areas Regulations 2001.

4Interpretation
  1. (1)

    In these regulations, unless the contrary intention appears—

    Act means the Private Parking Areas Act 1986;

    vehicle does not include a bicycle propelled by human power.

  2. (2)

    For the purposes of the Act, a vehicle will be regarded as parked for a continuous period in an area in respect of which a time limit is in force, despite the fact that the vehicle may be parked in more than one space while within the area or removed from the area for a period of less than 60 minutes.

5Parking spaces
  1. (1)

    If parking spaces are marked out in a private parking area—

    1. (a)

      a vehicle parked in the area must, subject to subregulation (2), be parked wholly within one parking space; and

    2. (b)

      a vehicle must not be parked in a parking space that is already occupied by another vehicle.

  2. (2)

    If a vehicle (including any attached trailer, caravan or other vehicle) cannot wholly fit within an available parking space in a private parking area, the vehicle may be parked so that it occupies more than one space.

6Protrusion over walkway or driveway

A vehicle must not be parked in a private parking area so that any part of it or any attached trailer, caravan or other vehicle or load being carried protrudes over a walkway or driveway.

7Obstructing access

A vehicle must not be parked in a private parking area so that it obstructs vehicular or pedestrian access to or egress from the area.

8Purpose other than parking

A person must not, without lawful authority, use a private parking area for a purpose not related to the parking of a vehicle in the area.

Maximum penalty: $750.

Expiation fee: $47.

9Damage to signs etc

A person must not, without lawful authority—

  1. (a)

    deface, damage or interfere with any notice, sign or line exhibited, placed or marked for the purposes of the Act; or

  2. (b)

    place on or remove from a vehicle of which he or she is not the owner or driver an expiation notice issued under the Expiation of Offences Act 1996.

Maximum penalty: $750.

Expiation fee: $86.

10Agreements

If an agreement is in force between the owner of a private parking area and a council under Part 4 of the Act, the agreement and the provisions of Part 4 of the Act extend to the enforcement of these regulations as if offences against the regulations were offences against Part 3 of the Act.

11Owner and driver guilty of offence

If a vehicle is parked in contravention of these regulations, the owner is guilty of an offence and, if the owner is not the driver, the owner and the driver are each guilty of an offence.

Maximum penalty: $750.

Expiation fee:

  1. (a)

    for a contravention of regulation 5(1)(a)—$46;

  2. (b)

    for a contravention of regulation 5(1)(b)—$59;

  3. (c)

    for a contravention of regulation 6—$70;

  4. (d)

    for a contravention of regulation 7—$70.

12Further offence each hour

If a person is guilty of an offence by reason of a vehicle being parked in a private parking area in a manner that contravenes or does not comply with the Act or these regulations, the person is guilty of a further offence—

  1. (a)

    in the case of an offence of being parked for longer than a permitted period of one or more hours—for each hour that the offence continues; or

  2. (b)

    in the case of an offence of being parked for longer than a permitted period of less than one hour—for each such period that the offence continues; or

  3. (c)

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

Maximum penalty: $750.

Expiation fee: $46.

13Marking of tyres

The owner of a private parking area or private access road or an authorised officer may, for the purposes of enforcing the Act, place erasable marks on the tyres of vehicles parked in the area or road.

14Prohibition against immobilising vehicles
  1. (1)

    The owner or occupier of a private access road, private parking area or private walkway must not immobilise, or cause to be immobilised, a vehicle that is unlawfully parked on the access road, parking area or walkway.

    Maximum penalty: $750.

  2. (2)

    A person must not, on behalf of or pursuant to an agreement with the owner or occupier of a private access road, private parking area or private walkway, immobilise a vehicle that is unlawfully parked on the access road, parking area or walkway.

    Maximum penalty: $750.

15Code
  1. (1)

    The Minister may establish, and vary or revoke from time to time, a code of notices, signs, road markings and other devices to denote areas, parking spaces, conditions, limitations, restrictions or prohibitions relating to private parking areas, private access roads or private walkways.

  2. (2)

    A notice, sign, road marking or other device has no effect unless it substantially conforms with a code established under this regulation.

16Expiation of offences against Act

The expiation fees specified in the following table are fixed for alleged offences against section 8(9) of the Act arising from an alleged contravention of the section specified opposite the fee:

 

Section

Fee

section 8(1)

$87

section 8(2)

$339

section 8(3)

$62

section 8(4)

$62

section 8(5)

$62

section 8(6)

$46

Legislative history

Notes

  • •

    Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

  • •

    Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

  • •

    For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

    The Private Parking Areas Regulations 2001 were revoked by Sch 1 cl 2 of the Private Parking Areas Regulations 2014 on 1.9.2014.

    Legislation revoked by principal regulations

    The Private Parking Areas Regulations 2001 revoked the following:

    Private Parking Areas Regulations 1987

    Principal regulations and variations

    Year

    No

    Reference

    Commencement

    2001

    263

    Gazette 13.12.2001 p5422

    13.12.2001: r 2

    2002

    100

    Gazette 20.6.2002 p2608

    1.7.2002: r 2

    2003

    140

    Gazette 29.5.2003 p2375

    1.7.2003: r 2

    2004

    119

    Gazette 27.5.2004 p1668

    1.7.2004: r 2

    2005

    58

    Gazette 26.5.2005 p1412

    1.7.2005: r 2

    2006

    110

    Gazette 15.6.2006 p1774

    1.7.2006: r 2

    2007

    143

    Gazette 7.6.2007 p2527

    1.7.2007: r 2

    2007

    312

    Gazette 13.12.2007 p4880

    13.12.2007: r 2

    2008

    54

    Gazette 5.6.2008 p1884

    1.7.2008: r 2

    2009

    153

    Gazette 4.6.2009 p2648

    1.7.2009: r 2

    2010

    55

    Gazette 10.6.2010 p2702

    1.7.2010: r 2

    2011

    104

    Gazette 9.6.2011 p2201

    1.7.2011: r 2

    2012

    123

    Gazette 31.5.2012 p2469

    1.7.2012: r 2

    2013

    76

    Gazette 6.6.2013 p2167

    1.7.2013: r 2

    2014

    106

    Gazette 19.6.2014 p2580

    1.7.2014: r 2

    Provisions varied

    Entries that relate to provisions that have been deleted appear in italics.

    Provision

    How varied

    Commencement

    rr 2 and 3

    omitted under the Legislation Revision and Publication Act 2002

    1.7.2004

    r 5

    r 5(1)

    varied by 100/2002 r 3

    1.7.2002

    varied by 140/2003 r 4

    1.7.2003

    varied by 119/2004 r 4

    1.7.2004

    varied by 58/2005 r 4

    1.7.2005

    varied by 110/2006 r 4(1), (2)

    1.7.2006

    varied by 143/2007 r 4

    1.7.2007

    r 6

    varied by 100/2002 r 4

    1.7.2002

    varied by 140/2003 r 5

    1.7.2003

    varied by 119/2004 r 5

    1.7.2004

    varied by 58/2005 r 5

    1.7.2005

    varied by 110/2006 r 5

    1.7.2006

    varied by 143/2007 r 5

    1.7.2007

    r 7

    varied by 100/2002 r 5

    1.7.2002

    varied by 140/2003 r 6

    1.7.2003

    varied by 119/2004 r 6

    1.7.2004

    varied by 58/2005 r 6

    1.7.2005

    varied by 110/2006 r 6

    1.7.2006

    varied by 143/2007 r 6

    1.7.2007

    r 8

    varied by 140/2003 r 7

    1.7.2003

    varied by 119/2004 r 7

    1.7.2004

    varied by 58/2005 r 7

    1.7.2005

    varied by 110/2006 r 7

    1.7.2006

    varied by 143/2007 r 7

    1.7.2007

    varied by 54/2008 r 4

    1.7.2008

    varied by 153/2009 r 4

    1.7.2009

    varied by 55/2010 r 4

    1.7.2010

    varied by 104/2011 r 4

    1.7.2011

    varied by 123/2012 r 4

    1.7.2012

    varied by 76/2013 r 4

    1.7.2013

    varied by 106/2014 r 4

    1.7.2014

    r 9

    varied by 100/2002 r 6

    1.7.2002

    varied by 140/2003 r 8

    1.7.2003

    varied by 119/2004 r 8

    1.7.2004

    varied by 58/2005 r 8

    1.7.2005

    varied by 110/2006 r 8

    1.7.2006

    varied by 143/2007 r 8

    1.7.2007

    varied by 54/2008 r 5

    1.7.2008

    varied by 153/2009 r 5

    1.7.2009

    varied by 55/2010 r 5

    1.7.2010

    varied by 104/2011 r 5

    1.7.2011

    varied by 123/2012 r 5

    1.7.2012

    varied by 76/2013 r 5

    1.7.2013

    varied by 106/2014 r 5

    1.7.2014

    r 11

    varied by 143/2007 r 9

    1.7.2007

    varied by 54/2008 r 6

    1.7.2008

    varied by 153/2009 r 6

    1.7.2009

    varied by 55/2010 r 6

    1.7.2010

    varied by 104/2011 r 6

    1.7.2011

    varied by 123/2012 r 6

    1.7.2012

    varied by 76/2013 r 6

    1.7.2013

    varied by 106/2014 r 6

    1.7.2014

    r 12

    varied by 100/2002 r 7

    1.7.2002

    varied by 140/2003 r 9

    1.7.2003

    varied by 119/2004 r 9

    1.7.2004

    varied by 58/2005 r 9

    1.7.2005

    varied by 110/2006 r 9

    1.7.2006

    varied by 143/2007 r 10

    1.7.2007

    varied by 54/2008 r 7

    1.7.2008

    varied by 153/2009 r 7

    1.7.2009

    varied by 55/2010 r 7

    1.7.2010

    varied by 104/2011 r 7

    1.7.2011

    varied by 123/2012 r 7

    1.7.2012

    varied by 76/2013 r 7

    1.7.2013

    varied by 106/2014 r 7

    1.7.2014

    r 14

    r 14(1)

    varied by 104/2011 r 8(1)

    1.7.2011

    r 14(2)

    varied by 104/2011 r 8(2)

    1.7.2011

    r 16 before substitution by 140/2003

    varied by 100/2003 r 8

    1.7.2002

    r 16

    substituted by 140/2003 r 10

    1.7.2003

    substituted by 119/2004 r 10

    1.7.2004

    varied by 58/2005 r 10

    1.7.2005

    varied by 110/2006 r 10

    1.7.2006

    varied by 143/2007 r 11

    1.7.2007

    varied by 312/2007 r 4

    13.12.2007

    varied by 54/2008 r 8

    1.7.2008

    varied by 153/2009 r 8

    1.7.2009

    varied by 55/2010 r 8

    1.7.2010

    varied by 104/2011 r 9

    1.7.2011

    varied by 123/2012 r 8

    1.7.2012

    varied by 76/2013 r 8

    1.7.2013

    varied by 106/2014 r 8

    1.7.2014

    Historical versions

    1.7.2004

    1.7.2005

    1.7.2006

    1.7.2007

    13.12.2007

    1.7.2008

    1.7.2009

    1.7.2010

    1.7.2011

    1.7.2012

    1.7.2013

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