Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Act 2016 (SA)

South Australia

Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Act 2016

An Act to amend the Road Traffic Act 1961.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Road Traffic (Issue of Free Tickets by Parking Ticket-Vending Machines) Amendment Act 2016.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Road Traffic Act 19613Insertion of section 81

Part 3, Division 9—before section 82 insert:

81—Interpretation

In this Division, unless the contrary appears—

permissive parking sign means a sign that is a permissive parking sign for the purposes of the Australian Road Rules.

4Insertion of sections 86 and 86A

After section 85 insert:

86—Council may determine that ticket for parking be obtained without fee

If a council has installed, or determined that it will install, permissive parking signs to apply to a length of road or an area, the council may (in addition to any other action that it may be empowered to take by or under this Act)—

1. (a)

   determine that a ticket must be obtained for parking in the length of road or the area through the operation of parking ticket‑vending machines installed or to be installed in or near the length of road or area without payment of a fee; or

2. (b)

   vary or revoke a determination made under this section.

86A—Parking where ticket required without payment of fee

1. (1)

   This section applies to a driver who parks in a length of road, or in an area, to which a permissive parking sign applies if—

   1. (a)

      information on or with the sign indicates that a ticket must be obtained through the operation of a parking ticket‑vending machine for parking in the length of road or area; and

   2. (b)

      information on or with the sign or the machine indicates that the ticket may be obtained without the payment of a fee.

2. (2)

   For the purposes of subsection (1)—

   1. (a)

      if a sign displays the words "FREE PARKING" together with a requirement (however expressed) for a ticket to be obtained—

      1. (i)

         the sign will be taken to be a permissive parking sign for the purposes of the Australian Road Rules to which Part 20 of the Rules applies; and

      2. (ii)

         the words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee;

   2. (b)

      if a permissive parking sign displays the word "FREE TICKET" or such other words as may be prescribed by regulation, the words will be taken to indicate that a ticket must be obtained through the operation of a parking ticket‑vending machine without payment of a fee.

3. (3)

   A driver referred to in subsection (1) must obtain a ticket from a parking ticket‑vending machine in or near the length of road or area.

Maximum penalty: $1 250.

1. (4)

   For the purposes of this section, a driver referred to in subsection (1) does not obtain a ticket from a parking ticket‑vending machine unless the driver, on first stopping the vehicle, promptly—

   1. (a)

      proceeds to a parking ticket‑vending machine in or near the length of road or area; and

   2. (b)

      obtains a ticket through the operation of the machine; and

   3. (c)

      complies with any instructions (as to dealing with the ticket or otherwise) on or with the sign, ticket or machine.