Road Transport (Safety and Traffic Management) Amendment (Parking Schemes) Regulation 2012 (NSW)
2012 No 105
New South Wales
Road Transport (Safety and Traffic
Management) Amendment (Parking
Schemes) Regulation 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 Regulation under the Road Transport (Safety and Traffic Management) Act 1999.
DUNCAN GAY, MLC
Minister for Roads and Ports
Explanatory note
The object of this Regulation is to amend the Road Transport (Safety and Traffic Management) Regulation 1999 to provide for the establishment and operation of phone parking schemes for the payment of parking fees by means of a mobile phone.
This Regulation is made under the Road Transport (Safety and Traffic Management) Act
1999, including section 71 (the general regulation-making power) and Schedule 1.
| Published LW 16 March 2012 | Page 1 |
| 2012 No 105 | Road Transport (Safety and Traffic Management) Amendment (Parking |
| Clause 1 | Schemes) Regulation 2012 |
Road Transport (Safety and Traffic Management) Amendment (Parking Schemes) Regulation 2012
under the
Road Transport (Safety and Traffic Management) Act 1999
1 Name of Regulation
This Regulation is the Road Transport (Safety and Traffic
Management) Amendment (Parking Schemes) Regulation 2012.
2 Commencement
This Regulation commences on the day on which it is published on the
NSW legislation website.
| Road Transport (Safety and Traffic Management) Amendment (Parking | 2012 No 105 |
| Schemes) Regulation 2012 | |
| Amendment of Road Transport (Safety and Traffic Management) | Schedule 1 |
| Regulation 1999 | |
| Schedule 1 | Amendment of Road Transport (Safety and Traffic Management) Regulation 1999 |
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
phone parking area has the same meaning as in rule 207–8 of the
Road Rules 2008.
phone parking scheme means a scheme of a kind established in
accordance with Division 3A of Part 4.
phone parking space has the same meaning as in rule 207–9 of
the Road Rules 2008.
phone payment scheme means a scheme for payment of parking
fees by mobile phone that is approved by the Authority and
adopted by a parking authority under Division 3A of Part 4 for
the purposes of a phone parking scheme.
[2] Clause 3 (1), definition of “pay parking area”
Insert “, a phone parking area” after “coupon parking area”.
[3] Clause 3 (1), definition of “pay parking scheme”
Insert “, a phone parking scheme” after “metered parking scheme”.
[4] Clause 3 (1), definition of “relevant parking fee”
Omit “, means the fee for parking a vehicle in the space, for the day and time during which the vehicle is parked in the space”.
Insert instead “or area, means the fee for parking a vehicle in the space or area, for the day and time during which the vehicle is parked in the space or area”.
[5] Clause 3 (1), definition of “relevant parking fee”
Insert at the end of paragraph (b):
, or
(c)
the phone parking signs, or the parking meter or ticket machine, for the area or space (in relation to a phone parking area or a phone parking space).
| 2012 No 105 | Road Transport (Safety and Traffic Management) Amendment (Parking Schemes) Regulation 2012 |
| Schedule 1 | Amendment of Road Transport (Safety and Traffic Management) Regulation 1999 |
[6] Part 4, Division 3A
Insert after Division 3:
Division 3A Phone parking schemes
| 111A | Phone parking schemes | |
| (1) A parking authority may, in accordance with Authority guidelines, establish and operate a phone parking scheme for the whole or any part of any road within its area of operations on which is operating a metered parking scheme, a ticket parking scheme or a coupon parking scheme. | ||
|
(a) may, in accordance with Authority guidelines:
(i)
set aside also as a phone parking area, the whole or any part of a metered parking area, a ticket parking area or a coupon parking area, that is within its area of operations, and
(ii)
set aside also as a phone parking space, any metered parking space, ticket parking space or coupon parking space, and
(b)
may fix the fees for the parking of a vehicle in any pay parking area, and
(c)
may adopt such schemes for payment of such fees by mobile phone as are approved from time to time by the Authority.
(3) In the case of a council, the fees for phone parking areas are to be
fixed by resolution of the council.(4)
In the case of a declared organisation, the fees for phone parking areas are to be fixed in accordance with pricing principles set out in Authority guidelines.
(5) Different fees may be fixed for different phone parking areas and
for different days and different times of day.Note. Rules 207–8 and 207–9 of the Road Rules 2008 make provision for parking in phone parking areas and spaces. Clause 3 (1) defines a phone parking area and phone parking space to have the same meanings as in rules 207–8 and 207–9, respectively.
| 111B | Display of information relating to phone parking |
The following information must be displayed clearly on phone parking signs for a phone parking area, or on a parking meter or
| Road Transport (Safety and Traffic Management) Amendment (Parking | 2012 No 105 |
| Schemes) Regulation 2012 | |
| Amendment of Road Transport (Safety and Traffic Management) | Schedule 1 |
| Regulation 1999 |
a parking ticket machine for a parking space or area that is also
designated as a phone parking space or phone parking area:
(a)
a location number and phone number for the phone parking scheme,
(b)
such other information as may be set out in the Authority guidelines for the purposes of this clause.
| 111C | Temporary closure of phone parking areas and spaces | |||
|
Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207–7 of the Road Rules 2008.
| 111D | Duration of parking in phone parking areas and spaces |
A phone parking period takes effect on the date and at the time the parking period is initiated by mobile phone in accordance with the protocols of the provider of the phone payment scheme and expires when the session is ended in accordance with those protocols.
[7] Clause 112 Councils’ common pay parking schemes
Insert “, phone parking schemes” after “ticket parking schemes” in clause 112 (1).
[8] Clause 112 (2)
Insert “, phone parking areas” after “ticket parking areas”.
[9] Clause 113 Authority guidelines and approval
Omit “or 107, the parking authority is not entitled to provide or to charge for parking in a metered space,” from clause 113 (2).
Insert instead “, 107 or 111A, the parking authority is not entitled to provide or charge for parking in a metered space, a phone parking area,”.
[10] Clause 115 Overlapping schemes
Insert “, a phone parking area” after “a ticket parking area” in clause 115 (2).
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