Road Amendment (Electronic Parking Permits) Rules 2012 (NSW)

2012 No 579

New South Wales

Road Amendment (Electronic Parking

Permits) Rules 2012

under the

Road Transport (Safety and Traffic Management) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Rules under the Road Transport (Safety and Traffic Management) Act 1999.

DUNCAN GAY, MLC

Minister for Roads and Ports

Explanatory note
The object of these Rules is to amend the Road Rules 2008 to allow holders of electronic parking permits to be exempt from certain parking restrictions which currently only apply to holders of printed parking permits. These include exemptions from restrictions with respect to parking in special event parking areas, metered parking areas, ticket parking areas, coupon parking areas and areas which are the subject of permissive parking signs.

These Rules are made under the Road Transport (Safety and Traffic Management) Act 1999, including sections 71 and 72A (the general rule-making power) and Schedule 1.

Published LW 23 November 2012	Page 1
2012 No 579
Rule 1	Road Amendment (Electronic Parking Permits) Rules 2012

Road Amendment (Electronic Parking Permits) Rules

2012

under the

Road Transport (Safety and Traffic Management) Act 1999

1      Name of Rules

These Rules are the Road Amendment (Electronic Parking Permits)
Rules 2012.

2      Commencement

These Rules commence on the day on which they are published on the
NSW legislation website.

2012 No 579

Road Amendment (Electronic Parking Permits) Rules 2012

Amendment of Road Rules 2008	Schedule 1
Schedule 1	Amendment of Road Rules 2008

[1]      Rule 205A–1 NSW rule: parking in special event parking areas

Omit rule 205A–1 (5). Insert instead:

(5)

Subrule (1) does not apply to the driver of a vehicle in any of the
following circumstances:

(a)	if the vehicle is a public utility service vehicle,
(b)	if the vehicle:

(i)      is the subject of a current special event parking permit, and

(ii)      is parked in accordance with the terms of the permit, and

(iii)     in the case of a printed parking permit—is displaying the permit,

(c) if the vehicle is actually dropping off or picking up passengers or goods.

Note. Printed parking permit and public utility service vehicle are defined in the Dictionary.

[2]      Rule 207–1 NSW rule: parking in metered parking areas

Omit rule 207–1 (8) (e). Insert instead:

(e)	the driver’s vehicle is displaying a current printed parking permit while it is parked in the space and the space is located on a length of road or in an area specified in the permit and the space is designated for use by the holder of the permit, or
(f)	an electronic parking permit is currently in force with respect to the driver’s vehicle while it is parked in the space and the space is located on a length of road or in an area specified in the permit and the space is designated for use by the holder of the permit.

[3]      Rule 207–1 (8), note

Omit the note. Insert instead:

Note. Controlled parking hours, electronic parking permit, mobility parking scheme authority, pay parking area and printed parking permit are defined in the Dictionary.

2012 No 579

Road Amendment (Electronic Parking Permits) Rules 2012

Schedule 1 Amendment of Road Rules 2008

[4]      Rule 207–3 NSW rule: parking in ticket parking areas

Omit rule 207–3 (6) (e). Insert instead:

(e)	the driver’s vehicle is displaying a current printed parking permit while it is parked in the area and the area is located on a length of road specified in the permit and the area is designated for use by the holder of the permit, or
(f)	an electronic parking permit is currently in force with respect to the driver’s vehicle while it is parked in the area and the area is located on a length of road specified in the permit and the area is designated for use by the holder of the permit.

[5]      Rule 207–3 (6), note

Omit the note. Insert instead:

Note. Controlled parking hours, electronic parking permit, mobility parking scheme authority, pay parking area and printed parking permit are defined in the Dictionary.

[6]      Rule 207–5 NSW rule: parking in coupon parking areas

Omit rule 207–5 (7) (e). Insert instead:

(e)	the driver’s vehicle is displaying a current printed parking permit while it is parked in the area and the area is located on a length of road specified in the permit and the area is designated for use by the holder of the permit, or
(f)	an electronic parking permit is currently in force with respect to the driver’s vehicle while it is parked in the area and the area is located on a length of road specified in the permit and the area is designated for use by the holder of the permit.

[7]      Rule 207–5 (7), note

Omit the note. Insert instead:

Note. Controlled parking hours, electronic parking permit, mobility parking scheme authority, pay parking area and printed parking permit are defined in the Dictionary.

[8]      Rule 318 Limited effect of certain traffic control devices

Omit rule 318 (2–1). Insert instead:

(2–1)	Without limiting subrule (2) in its application to permissive parking signs, a permissive parking sign does not apply to a vehicle that:
(a) is the subject of a current parking permit, and

2012 No 579

Road Amendment (Electronic Parking Permits) Rules 2012

Amendment of Road Rules 2008 Schedule 1

(b)	is parked in a space located in a permissive parking area that is specified in the permit and the area is designated by the parking authority for use by the holder of the permit, and
(c)	in the case of a printed parking permit—is displaying the permit.

Note 1. Parking permit printed parking permit

and are defined in the corresponding subrule in rule 318 of the Australian Road Rules.

Dictionary.

[9]      Rule 318 (4)

Insert in alphabetical order:

permissive parking area has the same meaning as in clause 124 of the Road Transport (Safety and Traffic Management) Regulation 1999.

Note. This is an additional NSW definition. There is no corresponding definition in rule 318 of the Australian Road Rules.

[10]      Dictionary

Insert in alphabetical order:

electronic parking permit means an electronic parking permit issued under clause 124 of the Road Transport (Safety and Traffic Management) Regulation 1999.
Note. This is an additional NSW definition. There is no corresponding definition in the Dictionary of the Australian Road Rules.
printed parking permit means a printed parking permit issued under clause 124 of the Road Transport (Safety and Traffic Management) Regulation 1999.

Note. This is an additional NSW definition. There is no corresponding definition in the Dictionary of the Australian Road Rules.

[11]      Dictionary, definition of “parking permit”

Omit the definition. Insert instead:

parking permit means an electronic or printed parking permit.

Note. This is an additional NSW definition. There is no corresponding definition in the Dictionary of the Australian Road Rules.