Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Parking Fine on Public Holidays - Should I Go to Court?

Discussion in 'Traffic Law Forum' started by jcard23, 15 June 2015.

  1. jcard23

    jcard23 Member

    15 June 2015
    Likes Received:
    I received a parking fine at 7:30am on Monday 8th June, which was a public holiday, when my car was parked in a bus zone.

    The traffic control device reads:

    6:30 AM – 7:30 PM
    8:30 AM – 5:00 PM
    SAT – SUN

    I believe this penalty has been issued erroneously as NSW legislation states that where parking signs state days of the week but do not specifically mention the words "including public holidays", the parking and time restrictions do not apply on public holidays.

    Directly quoted from the 2014 Road Rules:

    I requested a review from the SDRO based on Rule 318 (3) Their response is quoted below.

    They've said that the sign does not state that Public Holidays are excepted and that therefore they are included. This appears to be incorrect and in direct contradiction to the legislation?

    With regard to the third paragraph, this is also incorrect. Other vehicles are allowed to stop within the bus zone outside of the times specified on the traffic control device. We frequently park there overnight as it is often very difficult to find a spot in this area. We always move the car before 6:30am on weekdays and before 8:30am on weekends. As this was a public holiday our first assumption was that Sunday rules would apply, as the bus would be running to a Sunday timetable. The first bus is not until after 11am so we were not obstructing the bus zone. We planned to move the car before 8:30am. The ticket was issued at 7:30am.

    I'm writing back to the SDRO with all the above and will also write to the council. If I don't get a response from them either explaining why I'm wrong and the fine is valid or overturning the fine under Traffic Law, should I go to court? Am I right? I can't get an appointment with Legal Aid before I need to decide.
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Going only by what you have told us here
    (missing facts missing and unknown ifs, buts, and maybes not allowed for),
    I'd be thinking about court-electing it, yeah.

    The instructions how to do that will be on the back.
    Make sure you don't miss the timeframes.

    Don't bother arguing with the council.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    What TIm said :)
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page