Private Parking Areas Regulations 2014 (SA)
South Australia
Private Parking Areas Regulations 2014
under the Private Parking Areas Act 1986
Contents
1 Short title
3 Interpretation
4 Parking spaces
5 Protrusion over walkway or driveway
6 Obstructing access
7 Purpose other than parking
8 Damage to signs etc
9 Agreements
10 Owner and driver guilty of offence
11 Further offence each hour
12 Marking of tyres
13 Prohibition against immobilising vehicles
14 Code
15 Expiation of offences against Act
Schedule 1—Transitional provisions
Part 1—Preliminary
1 Interpretation
Part 3—Transitional provisions
3 Transitional provision
Legislative history
1—Short title
These regulations may be cited as the Private Parking Areas Regulations 2014.
3—Interpretation
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.
4—Parking spaces
If parking spaces are marked out in a private parking area—
(a)a vehicle parked in the area must, subject to subregulation (2), be parked wholly within 1 parking space; and
(b)a vehicle must not be parked in a parking space that is already occupied by another vehicle.
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 1 space.
5—Protrusion 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.
6—Obstructing 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.
7—Purpose 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: $62.
8—Damage to signs etc
A person must not, without lawful authority—
(a)deface, damage or interfere with any notice, sign or line exhibited, placed or marked for the purposes of the Act or these regulations; or
(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: $113.
9—Agreements
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.
10—Owner 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:
(a)for an alleged contravention of regulation 4(1)(a)—$61;
(b)for an alleged contravention of regulation 4(1)(b)—$74;
(c)for an alleged contravention of regulation 5—$96;
(d)for an alleged contravention of regulation 6—$94.
11—Further 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 these regulations, the person is guilty of a further offence for each hour that the offence continues.
Maximum penalty: $750.
Expiation fee: $61.
12—Marking 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 or these regulations, place erasable marks on the tyres of vehicles parked in the area or road.
13—Prohibition against immobilising vehicles
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.
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.
14—Code
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.
A notice, sign, road marking or other device has no effect unless it substantially conforms with a code established under this regulation.
15—Expiation 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
Expiation Fee
section 8(1)
$114
section 8(2)
$446
section 8(3)
$77
section 8(4)
$81
section 8(5)
$79
section 8(6)
$63
Schedule 1—Transitional provisions
Part 1—Preliminary
1—Interpretation
In this Schedule—
Minister means the Minister for the time being administering the Private Parking Areas Act 1986;
the revoked regulations means the Private Parking Areas Regulations 2001.
Part 3—Transitional provisions
3—Transitional provision
The "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" established by the Minister under regulation 15 of the revoked regulations and published in the Gazette on 2 October 2003 (Gazette 2.10.2003 p3688) as in force immediately before the commencement of these regulations continues in force as a code established by the Minister under regulation 14 of these regulations, subject to variation or revocation under these regulations.
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 revoked by principal regulations
The Private Parking Areas Regulations 2014 revoked the following:
Private Parking Areas Regulations 2001
Principal regulations and variations
New entries appear in bold.
Year No Reference Commencement 2014 227 Gazette 21.8.2014 p4098 1.9.2014: r 2 2015 7 Gazette 22.1.2015 p350 22.1.2015: r 2 2015 88 Gazette 18.6.2015 p2634 1.7.2015: r 2 2016 105 Gazette 23.6.2016 p2272 1.7.2016: r 2 2017 114 Gazette 22.6.2017 p2303 1.7.2017: r 2 2018 81 Gazette 21.6.2018 p2192 1.7.2018: r 2 2019 137 Gazette 13.6.2019 p2043 1.7.2019: r 2 2020 78 Gazette 4.6.2020 p2829 1.7.2020: r 2 2021 66 Gazette 3.6.2021 p1842 1.7.2021: r 2 2022 26 Gazette 10.6.2022 p1457 1.7.2022: r 2 2023 46 Gazette 18.5.2023 p1049 1.7.2023: r 2 2024 30 Gazette 16.5.2024 p870 1.7.2024: r 2 Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 22.1.2015 r 7 varied by 88/2015 r 4 1.7.2015 varied by 105/2016 r 4 1.7.2016 varied by 114/2017 r 4 1.7.2017 varied by 81/2018 r 4 1.7.2018 varied by 137/2019 r 4 1.7.2019 varied by 78/2020 r 4 1.7.2020 varied by 66/2021 r 4 1.7.2021 amended by 26/2022 r 3 1.7.2022 amended by 46/2023 r 3 1.7.2023 amended by 30/2024 r 3 1.7.2024 r 8 varied by 88/2015 r 5 1.7.2015 varied by 105/2016 r 5 1.7.2016 varied by 114/2017 r 5 1.7.2017 varied by 81/2018 r 5 1.7.2018 varied by 137/2019 r 5 1.7.2019 varied by 78/2020 r 5 1.7.2020 varied by 66/2021 r 5 1.7.2021 amended by 26/2022 r 4 1.7.2022 amended by 46/2023 r 4 1.7.2023 amended by 30/2024 r 4 1.7.2024 r 10 varied by 88/2015 r 6 1.7.2015 varied by 105/2016 r 6 1.7.2016 varied by 114/2017 r 6 1.7.2017 varied by 81/2018 r 6 1.7.2018 varied by 137/2019 r 6 1.7.2019 varied by 78/2020 r 6 1.7.2020 varied by 66/2021 r 6 1.7.2021 amended by 26/2022 r 5 1.7.2022 amended by 46/2023 r 5 1.7.2023 amended by 30/2024 r 5 1.7.2024 r 11 varied by 88/2015 r 7 1.7.2015 varied by 105/2016 r 7 1.7.2016 varied by 114/2017 r 7 1.7.2017 varied by 81/2018 r 7 1.7.2018 varied by 137/2019 r 7 1.7.2019 varied by 78/2020 r 7 1.7.2020 varied by 66/2021 r 7 1.7.2021 amended by 26/2022 r 6 1.7.2022 amended by 46/2023 r 6 1.7.2023 amended by 30/2024 r 6 1.7.2024 r 15 varied by 7/2015 r 4(1), (2) 22.1.2015 varied by 88/2015 r 8 1.7.2015 varied by 105/2016 r 8 1.7.2016 varied by 114/2017 r 8 1.7.2017 varied by 81/2018 r 8 1.7.2018 varied by 137/2019 r 8 1.7.2019 varied by 78/2020 r 8 1.7.2020 varied by 66/2021 r 8 1.7.2021 amended by 26/2022 r 7 1.7.2022 amended by 46/2023 r 7 1.7.2023 amended by 30/2024 r 7 1.7.2024 Sch 1 Pt 2 omitted under Legislation Revision and Publication Act 2002 22.1.2015 Historical versions
22.1.2015 1.7.2015 1.7.2016 1.7.2017 1.7.2018 1.7.2019 1.7.2020 1.7.2021 1.7.2022 1.7.2023
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