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Parking tickets for obstructing traffic and pedestrians in Canberra?

By Mattenagger 23 May 2012 36

Morning,

I received a parking ticket yesterday and was wondering if anyone can enlighten me on some of the laws around giving out parking tickets.  I had parked in a residential street in Woden, no parking signs were around nor any red paint on the square gutter. As far as I could tell it was a legal parking spot. The infringement notice suggested that I had been obstructing traffic and pedestrians. Now I don’t see this as being the case. Where my vehicle was parked was on a particularly wide piece of one way street where my 2 metre wide vehicle was well off to the side of the at least 4-5 metre wide street. There was more than ample room for even an ACTION bus to have passed if necessary though I doubt it would have needed to unless extremely lost.  

I’m just wondering if there are actual laws around the particulars of my infringement or is it up to the inspector’s judegement and particular mood at the time of the day as to whether or not I have actually illegally parked. 

Thanks

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36 Responses to
Parking tickets for obstructing traffic and pedestrians in Canberra?
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potatosalad 8:47 pm 02 Jun 12

Is the middle of the roundabout still there? Whether it is or isn’t, I would still assume that being on a corner / “past roundabout” that it is a dividing strip, or if not, it’s a clear bend and, so a dividing line, in which case according to what buzz819 posted, you should have been parked at least 3 metres from the centre of the roundabout (/ circular corner in your words). It’s pure speculation, but that would be my guess. It’s probably good practice to not park on the side of any kind of corner or complete bend.

If they have removed the centre part of the roundabout and it’s an exceptionally wide bend then they should have marked a dividing line (it’s not safe to pass someone on a bend/corner), so if they haven’t then they may technically be at fault and you could dispute it, and given the legacy from the roundabout may actually make a pretty good parking spot off to the side of the main path of traffic in layman’s logic, so maybe it’s not all that bad you parked there… but I wouldn’t have risked it, and as I said, parking on any kind of bend or corner is bad idea.

rosscoact 8:04 am 25 May 12

the parking inspector was probably there because someone complained about the way or where you were parking

Afurotsu 10:58 pm 24 May 12

KeenGolfer said :

Afurotsu said :

I dispute the liability of Infringement Number XXXXXXXX

If the parking inspectors work on the same basis as the AFP’s traffic infringements, as soon as you “dispute” a ticket they can’t withdraw the fine or do anything else except take it to Court. It states this on the back of the ticket. You can ask for leniency etc, but dispute it and you’ll have your day in court.

What I wrote was exactly what I had written (excluding the XXXXXXXXs) to Parking Review. They withdrew it and stated that I was correct.

I never went to court.

dph 9:21 pm 24 May 12

Op parks in a roundabout. Gets a parking ticket. Posts a thread on the riotact questioning the legalities surrounding the ticket. Decides to leave out the part about parking in a roundabout.

How about just taking responsibility for doing the wrong thing & in the future, considering other peoples right to use the roads?

buzz819 7:30 pm 24 May 12

Afurotsu said :

To whom it may concern,

I dispute the liability of Infringement Number XXXXXXXX (Rego Number XXXXXXXX).

The offence description is “Code 351 Park so as to obstruct vehicles/pedestrians”. This is in the context of the Australian Road Rules, specifically 208 (8), “The driver must position the vehicle so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians”.

I do not believe that I positioned the vehicle in a manner that had unreasonably obstructed the path of other vehicles or pedestrians, for the following reasons:

I had positioned the vehicle to face in the direction of travel of vehicles.
I had positioned the vehicle as near as practicable to the far left side of the road.
I had positioned the vehicle no closer than one metre from the closest point of any other vehicle.
I had positioned the vehicle so as to leave greater than three metres alongside the vehicle for other vehicles to pass.

In addition:

I did not park contrary to the no parking sign in the proximity of the positioned vehicle. See the attached digital photograph.
Please withdraw the fine. Please notify me of any updates concerning this matter.

If you require further information, do not hesitate to contact me by any means listed below.

Thanks for your understanding,
XXXXXXXX.

E-mail: XXXXXXXXX
Phone: XXXXXXXX
Post: XXXXXXXX

The problem with disputing liability of the ticket means it goes straight through the judicial process and to court, if you some how admit the offence and can show some remorse you may find that there is a process of giving you a caution for it, just a thought really.

KeenGolfer 7:26 pm 24 May 12

Afurotsu said :

I dispute the liability of Infringement Number XXXXXXXX

If the parking inspectors work on the same basis as the AFP’s traffic infringements, as soon as you “dispute” a ticket they can’t withdraw the fine or do anything else except take it to Court. It states this on the back of the ticket. You can ask for leniency etc, but dispute it and you’ll have your day in court.

Afurotsu 6:50 pm 24 May 12

To whom it may concern,

I dispute the liability of Infringement Number XXXXXXXX (Rego Number XXXXXXXX).

The offence description is “Code 351 Park so as to obstruct vehicles/pedestrians”. This is in the context of the Australian Road Rules, specifically 208 (8), “The driver must position the vehicle so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians”.

I do not believe that I positioned the vehicle in a manner that had unreasonably obstructed the path of other vehicles or pedestrians, for the following reasons:

I had positioned the vehicle to face in the direction of travel of vehicles.
I had positioned the vehicle as near as practicable to the far left side of the road.
I had positioned the vehicle no closer than one metre from the closest point of any other vehicle.
I had positioned the vehicle so as to leave greater than three metres alongside the vehicle for other vehicles to pass.

In addition:

I did not park contrary to the no parking sign in the proximity of the positioned vehicle. See the attached digital photograph.
Please withdraw the fine. Please notify me of any updates concerning this matter.

If you require further information, do not hesitate to contact me by any means listed below.

Thanks for your understanding,
XXXXXXXX.

E-mail: XXXXXXXXX
Phone: XXXXXXXX
Post: XXXXXXXX

Sgt.Bungers 3:18 pm 24 May 12

If you’ve:
– Parked your vehicle with any of it on a footpath.
– Parked your vehicle blocking a foot path access ramp.
– Parked your vehicle so that there’s less than 3 metres space between it and a solid centre line
– Parked your vehicle so that there’s less than 3 metres space between it an the other side of the road (in the case where there’s no solid centre line)
– Parked with any part of your vehicle blocking any part of a driveway.
– Parked in a manner that unreasonably obstructs others… (such as parking in the middle of the circles at either end of Mower Place)

Then you deserve the ticket.

The offence you’ve been charged with is very generic. A friend of mine was charged with this offence for parking on the side of the road in a perfectly legal manner in Canberra’s CBD. I helped them write a letter with photos of the location in which the vehicle was parked, explained why the driver of the vehicle had not been obstructing motor vehicle or pedestrian traffic and was in full compliance of Australian Road Rules. He was let of completely.

A few weeks later, No Stopping signs were put up at the same spot, making it illegal to park there from that point.

Go back and get some pictures of where you were honestly parked, load them up and we’ll be able to give you more accurate advice.

shirty_bear 12:13 pm 24 May 12

screaming banshee said :

Executive Summary:

You parked in front of a driveway (service road) ON A ROUNDABOUT.

If it was a circular road as you say, surely it would have been a two way circular road.

Yep … one-way tiny-diameter circular road to nowhere, my eye. It’s a roundabout. Not the only one in Canberra, as it happens. Without even referring to law, it’s clearly a poor idea to park on a roundabot. Pay the damn fine.

screaming banshee 6:40 pm 23 May 12

Executive Summary:

You parked in front of a driveway (service road) ON A ROUNDABOUT.

If it was a circular road as you say, surely it would have been a two way circular road.

JC 5:19 pm 23 May 12

aceofspades said :

In other words; “you are guilty until you go to an enormous amount of trouble and expense proving that you are innocent”.

That’s not how it works. You are innocent until you pay the fine, thus admitting guilt, or you elect to take the matter to court. Don’t know of any other way to do it really.

m_ratt 4:15 pm 23 May 12

Don’t know where on that street you were parked, or what has changed since StreetView went through, but this sign (and its pair on the other side of the road may have something to do with it).

http://g.co/maps/kahkk

If the signs are no longer there, then maybe the inspector hasn’t realised yet.

dungfungus 4:09 pm 23 May 12

bd84 said :

Speculation is useless.. The parking inspector would have photographed you vehicle when issuing the ticket, ask to review it and for an explanation. If your then feel like it was undeserved, request for it to be withdrawn. Posting a “why did I get a parking ticket?” on here is useless without actually seeing where it was parked and other details.

Were you parked on the left hand side of the road with the car pointing in the wrong direction?

bd84 1:34 pm 23 May 12

Speculation is useless.. The parking inspector would have photographed you vehicle when issuing the ticket, ask to review it and for an explanation. If your then feel like it was undeserved, request for it to be withdrawn. Posting a “why did I get a parking ticket?” on here is useless without actually seeing where it was parked and other details.

Watson 1:24 pm 23 May 12

TheDancingDjinn said :

that road does not look wide enough for you to park and for people to move past safely. People shouldn’t have to drive into oncoming traffic just because you cant find a driveway.

Same thing happens on Hartley St in Turner – and there is a sign there saying no parking on the side of the road, but does it stop lazy morons from doing it – no – i still have to drive into oncoming traffic who i can’t see and who can’t see me. Every home/apartment block here is built with a driveway or parking spaces available, use them.

If there is a sign it is obvious that you cannot park there and you shouldn’t – or at least not complain about getting a ticket for it.

But most streets do not have those signs and there are plenty of cars parked in even some of the narrower residential streets all over Canberra all the time. If it’s not a busy road, what’s the big deal about moving round the car. (As long as you follow the proper give way etiquette to avoid me glaring at you!)

I don’t interpret blocking one side of a street when there is enough space to go round as obstructing traffic.

Are you sure you weren’t parked in front of a footpath or a ramp?

Mattenagger 1:14 pm 23 May 12

It’s not a round-a-bout any longer it is a one way road that goes in a cirlce. Bootle Pl in the same area is the same setup as I’ve also parked there. No-one parked in that circle road had received a ticket yesterday as I decided to check. The service road as I mentioned is not used by any construction traffic at all. There is a main entrance that is on Easty Street where all construction traffic can enter the construction site. The service road is simply used by workers to park on the site. They were not obstructed in anyway.

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