Pay Parking Fees Rule 2018

Overview

The Pay Parking Fees Rule 2018, enacted under the National Land (Road Transport) Ordinance 2014, addresses the need to establish and enforce specific parking fees for ticketed parking spaces on National Land within Australia. This rule was developed to provide a structured and transparent framework for the administration of parking fees, ensuring compliance with the broader legislative objectives of the Ordinance. Issued by the Minister for Regional Development, Territories and Local Government, the rule aims to streamline the enforcement and collection of parking fees on National Land, thereby facilitating smoother traffic management and revenue collection. The rule was the result of consultations involving the National Capital Authority, relevant ACT agencies, and the community, ensuring a collaborative approach to its development.

Scope and Application

The Pay Parking Fees Rule 2018 applies to individuals and entities who park their vehicles in ticketed parking spaces on National Land in the Australian Capital Territory (ACT). It sets out the fees payable for parking in designated areas, including multi-stay parking, short-stay parking, and pre-paid multi-day tickets. The rule comes into effect on 1 July 2018, replacing the Pay Parking Fees Rule 2014. The National Capital Authority, as the responsible agency for National Land, undertook consultation with relevant ACT agencies and the community as part of the broader consultation process for the National Land (Road Transport) Ordinance 2014. The rule is a legislative instrument under the Legislation Act 2003 (Cth) and is compatible with human rights as it does not engage any applicable rights or freedoms. The Office of Best Practice Regulation assessed that the proposal is likely to have a minor regulatory impact on businesses, community organisations, or individuals, and a Regulation Impact Statement was not required.

Key Provisions

The Pay Parking Fees Rule 2018 (section 2) is a legislative instrument that sets out the parking fees for ticket parking spaces on National Land and is set to commence on 1 July 2018. The Rule was made under the authority of the Minister for Regional Development, Territories and Local Government and was issued in accordance with the National Land (Road Transport) Ordinance 2014. The rule repeals the Pay Parking Fees Rule 2014 and establishes the applicable rates for multi-stay parking areas, short-stay parking areas, and pre-paid multi-day tickets, as outlined in the schedules (section 4). Fees must be paid to the Commonwealth by the person parking a vehicle in a ticket parking space (section 5). The term "fee" is defined in section 6. The rule imposes obligations on individuals and entities who park their vehicles in ticket parking spaces on National Land. Specifically, they are required to pay the prescribed fees for the duration of their parking. The fees are determined by the type of parking area and duration of parking, as outlined in Schedules 1 and 2 of the rule. The rule also requires that fees be paid to the Commonwealth, not to any other entity. Failure to pay the fees may result in a range of consequences, including fines and potential legal action. The rule does not specify any criminal offences or penalties for non-compliance, but non-payment of fees may result in civil consequences. Specifically, the rule provides that if a person fails to pay the prescribed fee for parking, the owner of the vehicle is liable to pay the fee, plus any applicable interest and costs. In addition, the rule provides that if a person fails to pay the prescribed fee within the specified time period, the vehicle may be subject to enforcement action, such as towing or impoundment. The maximum penalty for non-payment of fees is not specified in the rule, but it is likely to be determined by the relevant court or tribunal.