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QLD Brisbane City Council Parking Fine - Issued inconsistent with Traffic Operations Act?

Discussion in 'Traffic Law Forum' started by TheTideGuy, 11 January 2015.

  1. TheTideGuy

    TheTideGuy Active Member

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    I received a parking fine issued by a Brisbane City Council officer at around 6:30 am for parking other than parallel (I was facing the wrong way on the street). There was a reason for it, the car was leaking fuel out of the filler neck due to the camber of the road, so I spun the car around so the filler was on the up side (9pm the previous evening when my neighbour alerted me to it).

    Under the Traffic Operations (Road Use Management) Act 1995, Section 25, subsection 2 it states that an Authorised Officer must either first present their identity card for inspection or have it displayed so it is clearly visible to the person. Further, subsection 3 states that if it is not practicable to comply with subsection 2, then the officer must produce the identity card as soon as practicable.

    The officer did not comply with this section, does that mean that the fine was issued inconsistent with the act and is therefore void?

    Thanks
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi @TheTideGuy
    Its unlikely you'd get very far disputing on the grounds of an unrelated technical part of the road rules.
    If you weren't in fact in breach of the rules, then you could dispute the fine - by providing photos of the car at the point in time and its location as evidence. But as you have said, you were parked the wrong way. So I think you'll need to cop the fine and pay it.

    Have a read of the Brisbane City Council "How to dispute a fine or infringement" page - perhaps there is an argument related to the vehicle needing repair, but I don't see a great likelihood of you getting out of the parking fine.
     
  3. Sophea

    Sophea Well-Known Member

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    I agree with Amanda. I mean how often does a parking inspector have the opportunity to show you their identification anyway. They usually put a ticket on your car when you are not there. But yes, even if you got them on a technicality it is unlikely to change the fact that you have infringed road rules and will be fined for it. You could try to write to them and dispute it on the grounds of reasonable excuse. Follow the directions on the BCC website provided by Amanda - i.e. don't pay it if you are going to dispute it.
     
  4. TheTideGuy

    TheTideGuy Active Member

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    Thanks for the replies, I got tired of waiting for the corporate machine and paid the fine. Still waiting for a response from council.
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi TheTideGuy,

    I agree with the above. You would not get off the fine on that technicality. Further, I believe the section you quoted merely obliges the council officer to give you his/her identification number/name upon request or on the fine, whichever is earlier.

    Glad you paid the fine. Of course, you can always lodge a complaint with the council (complaint with QLD state ombudsman) if you still believe it worth your while to do so.
     

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