Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2005 (NO 2) (NO 22 OF 2005) - REG 8

Sections 49 and 50

substitute

Division 2.3.6     Ticket parking

49     Ticket parking—parking in spaces

    (1)     A driver commits an offence if—

        (a)     the driver parks in a ticket parking area; and

        (b)     the driver's vehicle is not parked in a ticket parking space.

Maximum penalty: 20 penalty units.

    (2)     However, the driver does not commit an offence against subsection (1) if the driver parks in a metered parking space within a ticket parking area and the driver complies with the provisions of division 2.3.5 (Metered parking) in relation to parking in the space.

    (3)     A driver must not park the driver's vehicle in a ticket parking space if another vehicle is parked in the space.

Maximum penalty: 20 penalty units.

    (4)     A driver who parks in a ticket parking space must position the driver's vehicle completely within the space.

Maximum penalty: 20 penalty units.

49A     Ticket parking—display of tickets

    (1)     A driver may park the driver's vehicle in a ticket parking area only if—

        (a)     for an RTA multi-stay ticket parking area

              (i)     a current parking ticket for the area is correctly displayed in or on the vehicle; or

              (ii)     a current part-day parking ticket for another RTA multi-stay ticket parking area is correctly displayed in or on the vehicle; or

              (iii)     a current equivalent all-day parking ticket for another RTA multi-stay ticket parking area is correctly displayed in or on the vehicle; or

        (b)     for any other ticket parking area—a current parking ticket for the area is correctly displayed in or on the vehicle.

Maximum penalty: 20 penalty units.

Examples of ticket parking areas for par (b)

1     a ticket parking area set up by the road transport authority in which parking up to a maximum of 4 hours is permitted by the ticket parking signs applying to the area

2     a ticket parking area set up by a parking authority

Note 1     Ticket parking areas may be set up by the road transport authority or a parking authority (see s 75A to s 76A).

Note 2     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     Subsection (1) (a) does not apply to a driver if, immediately after parking in the ticket parking area, the driver—

        (a)     obtains a parking ticket for the ticket parking area and the ticket is correctly displayed in or on the driver's vehicle; or

        (b)     correctly displays in or on the driver's vehicle a parking ticket mentioned in subsection (1) (a) (ii) or (iii).

    (3)     Subsection (1) (b) does not apply to a driver if, immediately after parking in the ticket parking area, the driver obtains a parking ticket for the ticket parking area and the ticket is correctly displayed in or on the driver's vehicle.

    (4)     It is a defence to the prosecution of a driver for an offence against subsection (1) if the driver proves that—

        (a)     a parking ticket was displayed in accordance with the subsection; and

        (b)     the driver took reasonable steps to ensure that the ticket remained correctly displayed while the driver's vehicle was parked in the ticket parking area.

Note     For other exceptions to s (1), see s 50.

    (5)     In this section:

"all-day parking ticket", for a ticket parking area, means a parking ticket for which the relevant parking fee for parking all-day in the area has been paid.

"correctly displayed"—a parking ticket is correctly displayed in or on a vehicle if the ticket is displayed—

        (a)     in or on the front left-hand side of the vehicle or, if the ticket requires the driver to display the ticket in or on a part of the vehicle, in or on that part of the vehicle; and

        (b)     in a way that its expiry date and expiry time, and the ticket parking area for which it is issued, are clearly visible from outside the vehicle.

"equivalent", for a multi-stay ticket parking area, means another ticket parking area for which the relevant parking fee for an all-day parking ticket for the area is the same or higher.

"part-day parking ticket" means a parking ticket that is not an all-day parking ticket.

"RTA multi-stay ticket parking area" means a ticket parking area set aside under section 76 (2) (a) (Ticket parking schemes—road transport authority) where all-day parking is permitted by the ticket parking signs applying to the area.

49B     Ticket parking—maximum length of stay

    (1)     A driver must not allow the driver's vehicle to remain parked in a ticket parking area after the expiry of a parking ticket displayed in or on the vehicle.

Maximum penalty: 20 penalty units.

Note 1     For when a parking ticket expires, see s 81.

Note 2     For exceptions to s (1), see s 50.

    (2)     A driver must not allow the driver's vehicle to remain parked in a ticket parking area for longer than the period (if any) indicated on the ticket parking signs applying to the area as the maximum period for which a vehicle may be parked in the area.

Maximum penalty: 20 penalty units.

Note     For exceptions to s (2), see s 50.

50     Ticket parking—exceptions to s 49A and s 49B

Section 49A (Ticket parking—display of tickets) and section 49B (Ticket parking—maximum length of stay) do not apply to—

        (a)     a driver if the driver parks the driver's vehicle in a metered parking space within a ticket parking area and the driver complies with the provisions of division 2.3.5 (Metered parking) in relation to parking in the space; or

        (b)     a driver for any period the driver's vehicle is parked in a ticket parking space outside the controlled parking hours for the space; or

        (c)     a driver if—

              (i)     the driver's vehicle is parked in a ticket parking space; and

              (ii)     the driver displays in or on the vehicle a current mobility parking scheme authority; and

              (iii)     the driver complies with the conditions (if any) of the authority; or

        (d)     a driver if—

              (i)     the driver's vehicle is parked in a ticket parking space, or on a length of road in a ticket parking area, designated by a permit zone sign for use by the holder of a stated kind of parking permit; and

              (ii)     the driver displays in or on the vehicle a current parking permit of that kind; and

              (iii)     the driver complies with the conditions (if any) of the permit.



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