Technical and Further Education Parking Regulations 1980 (SA)

SOUTH AUSTRALIA

TECHNICAL AND FURTHER EDUCATION PARKING

REGULATIONS 1980

REGULATIONS UNDER THE TECHNICAL AND FURTHER EDUCATION

ACT, 1975

Technical and Further Education Parking Regulations, 1980

being

No. 4 of 1981: Gaz. 15 January 1981, p. 911

as varied by

No. 132 of 1988: Gaz. 14 July 1988, p. 3672

No. 259 of 1996: Gaz. 23 December 1996, p. 22623

1 Came into operation 2 February 1981: reg. 2.

2 Came into operation 1 September 1988: reg. 2.

3 Came into operation 3 February 1997: reg. 2.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

1. These regulation may be cited as the Technical and Further Education Parking

Regulations, 1980.

2. These regulations shall take effect from the 2nd day of February, 1981.

3. The Further Education Regulations, 1976, made on the 29th day of April, 1976 and published in the Government Gazette of the same day at page 2233, as varied, are further varied by deleting therefrom regulation 6.

4. In these regulation, unless the context otherwise requires:

"authorized person" means a person appointed by the Director-General as an authorized

person for the purposes of these regulations;

"Council" means a council established pursuant to Section 28 of the Act;

"Loading Area" means a part of the grounds declared by a resolution passed by a Council under regulation 11 of these regulations to be a Loading Area and which part of the grounds is by a sign or road marking indicated or denoted as a Loading Area;

"No Parking Area" means a part of the grounds declared by a resolution passed by a Council under regulation 11 of these regulations as a No Parking Area and which part of the grounds is by a sign or road marking indicated or denoted as a No Parking Area;

"Permit Area" means a part of the grounds declared as a Permit Area by a resolution passed by a Council under Regulation 11 of these regulations and which part of the grounds is by a sign or road marking indicated or denoted as a Permit Area;

"the Act" means the Technical and Further Education Act, 1976;

"the grounds" means the grounds of a college of technical and further education.

5. The Director-General may appoint any person to be an authorized person for the purpose of exercising the powers conferred on an authorized person by these regulations.

6. The Director-General shall issue to every authorized person a certificate of his appointment as an authorized person, and every such certificate shall state the period of his appointment.

7. No person shall drive a vehicle within the grounds at a speed exceeding 25 kilometres per

hour.

8. No person shall drive a vehicle within the grounds in a dangerous or careless manner or without reasonable consideration for other persons within the grounds.

9. No person shall drive a vehicle within the grounds in such manner so as to cause undue noise to be emitted from such vehicle.

10. No person shall park a vehicle in such a position or condition so as to cause danger to persons or other vehicles within the grounds or so as to obstruct the free passage of vehicles or persons using the grounds.

11. (1) A Council may by resolution from time to time:

(a)

Declare any part of the grounds to be a:

(i)	No Parking Area;
(ii)	Permit Area; or
(iii)	Loading Area;

(b)

Declare the days and/or hours during which, the periods for which, the conditions or circumstances under which or the occasions when, it is permissible or forbidden for vehicles to be or remain in any area declared pursuant to paragraph (a) of this regulation.

(c)

Declare (in addition to and not in derogation of paragraphs (a) and (b) of this regulation) which persons or what vehicles may use any Permit Area declared pursuant to paragraph (a) of this regulation.

(2) Where a Council passes a resolution under subregulation (1) of this regulation which declares the days and/or hours during which, the periods for which, the conditions or circumstances under which it is permissible or forbidden for vehicles to be or to remain in any area declared pursuant to that subregulation such days, hours, periods, conditions or circumstances shall not apply to such area unless details of the same are indicated on the sign or road marking which indicates or denotes the area.

12. (1) A Council shall make, erect and maintain road markings or signs to indicate or denote the areas declared pursuant to paragraph (a) of subregulation (1) of regulation 11 of these regulations.

(2) The signs or road markings may be in the form of the signs and road markings set out in the First Schedule to these regulations.

13. (1) A vehicle shall not be parked or left standing in any of the positions or circumstances set out in subregulation (2) of this regulation.

(2) In any—

(a)	No Parking Area;
(b)	Permit Area; or
(c)	Loading Area,

at any time or period which, or on any days when, the relevant signs or road markings indicate that the parking or standing of vehicles is prohibited, or if no such time, period, days or occasions are so indicated, at any time.

14. The driver of a vehicle shall not be guilty of an offence under regulation 13 of these

regulations—

(a)

in the case of a Loading Area if—

(i)	the vehicle was standing in the area while it was being used in taking up or setting down goods; or
(ii)	the vehicle was standing in the area while any person was actually entering or leaving the vehicle,

and for no longer than the actual time necessary for such purposes;

(b)	in the case of a Permit Area if the vehicle or its driver were entitled under these regulations or under a resolution made by a Council under these regulations to park the vehicle or to leave it standing in that area;
(c)	in the case of a No Parking area if the vehicle was parked or left standing while actually engaged in taking up or setting down any person and for no longer than the actual time necessary for such purpose.

15. A vehicle shall be deemed to be in a Loading Area, a No Parking Area or a Permit Area if any part of such vehicle is within such area.

* * * * * * * * * *

17. In any proceedings for an offence against these regulations an allegation in a complaint

that:

(a)	any person was at a time specified in the complaint the driver of any vehicle;
(b)	any specified place was part of the grounds;
(c)	a specified area was a No Parking Area, a Permit Area or Loading Area;
(d)	any person parked a vehicle or left a vehicle standing,

shall be proof of the matters alleged in the absence of proof to the contrary.

18. Any person who fails to comply with any provision of these regulations or who is in breach of any of these regulations commits an offence against these regulations.

Maximum penalty:	$50.
Expiation fee:	$15.

THE FIRST SCHEDULE

Area Sign or Road Marking

No Parking Area

A sign bearing the legend "NO PARKING ANY TIME", or "NO

PARKING" (plus words or figures designating certain hours days and/or

occasions) and with or without a yellow line marked on the grounds to

designate the extent of the area.

Permit Area

A sign bearing the legend "NO PARKING ANY TIME PERMIT

ONLY" with or without words or figures designating the occasions when

the area applies and with or without white lines marked on the grounds

to designate the extent of the area.

Loading Area

A sign bearing the legend "NO PARKING ANY TIME LOADING

AREA" with or without words or figures designating the occasions when

the area applies with or without a yellow line marked on the grounds to

designate the extent of the area.

* * * * * * * * * *

APPENDIX

LEGISLATIVE HISTORY

Transitional Provisions

(Transitional provision from Regulation No. 259 of 1996, reg. 4)

4. A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.

Legislative History

Regulation 1:

varied by 132, 1988, reg. 3

Regulation 4:

definition of "the Act" substituted by 132, 1988, reg. 4(a)

definition of "the appropriate expiation fee" varied by 132, 1988,

reg. 4(b); repealed by 259, 1996, reg. 3 (Sched. cl. 28)

definition of "the grounds" varied by 132, 1988, reg. 4(c)

Regulation 16:

revoked by 259, 1996, reg. 3 (Sched. cl. 28)

Regulation 18:

varied by 259, 1996, reg. 3 (Sched. cl. 28)

Second Schedule:

varied by 132, 1988, reg. 5; revoked by 259, 1996, reg. 3 (Sched. cl. 28)