Establishment of controlled parking
95 Establishment of controlled parking
On a part of a highway in a city or town on which vehicles without distinction of any kind may be lawfully parked, the corporation or, if the highway is a State highway, the Minister for State Highways, may mark out spaces and may install– a parking meter that operates in respect of each space so marked out; or a voucher machine for each of those spaces, or for a number of those spaces, as indicated on the machine or on a notice in the vicinity of that machine.
Subject to subsection (14) and section 99, a place that, in accordance with this section, has been marked and– provided with a parking meter; or has a voucher machine available for its sole use or for the use of that place and a number of other places so marked– constitutes a parking space for the purposes of this Part even if the highway on which the parking space is located changes from a local highway to a State highway, or vice versa.
The parking meter that operates in respect of a parking space pursuant to subsection (1)(a) may be the only meter on one post or other support or one of a set of meters on one post or other support.
An indication may be made on a parking meter specifying the parking space for which it is installed but, in the absence of such an indication, a parking meter shall be deemed to have been installed – for the parking space in or above which it has been installed; or if it is not in or above a parking space, for the parking space a point on the boundary of which is nearer to the parking meter than any point on the boundary of any other parking space.
Where a part of the boundary of a parking space is a straight line or the line of a kerb or the edge of a footway, that part of the boundary shall be deemed to be sufficiently marked for the purposes of this Part if the ends of that space are marked on the surface of the highway.
Not more than one vehicle shall be parked in a parking space.
Notwithstanding subsection (6), as many motor cycles as can be parked wholly within a parking space may be parked in that space.
On a parking meter shall be plainly written – the period for which the parking meter should run on the payment of an amount of money; and the maximum time, if any, for which a vehicle may be parked in the parking space for which the parking meter is installed; and the prescribed hours during which controlled parking operates in that parking space.
There shall be plainly written on a voucher machine or on a notice in the vicinity of a voucher machine – an indication of the parking space or parking spaces for which the machine issues parking vouchers; the period for which a parking voucher issued on the payment of an amount of money entitles a vehicle to be parked in such a parking space on the day of issue of the voucher; the maximum time, if any, for which a vehicle may be parked in such a parking space; and the prescribed hours during which controlled parking operates in such a parking space.
Where a person obtains from a voucher machine a parking voucher or parking vouchers, the voucher or vouchers authorize the parking of a vehicle, in a parking space for which the machine issues parking vouchers, on the date shown on the voucher or vouchers – where one voucher is obtained, for the period for which the voucher authorizes the vehicle to be parked (in this subsection referred to as "the prescribed period"), commencing at the time shown on the voucher as the time of the issue of the voucher; and where two or more vouchers are obtained at the same time, for the prescribed period in respect of the first voucher, commencing at the time shown on the vouchers as the time of the issue of the vouchers, together with a further prescribed period in respect of each voucher so obtained in addition to the first.
Where – a person obtains from a voucher machine one or more parking vouchers authorizing the parking of a vehicle in a parking space for which the machine issues parking vouchers; and before the expiration of the period during which the parking of a vehicle in such a parking space is authorized by that voucher or those vouchers, the person obtains from the machine a further voucher or vouchers – subsection (11) applies as if the first voucher or vouchers had been obtained at the same time as the voucher or vouchers referred to in paragraph (a) and the time of issue shown on the further voucher or vouchers were the same as the time of issue shown on the voucher or vouchers referred to in that paragraph.
Where, pursuant to subsection (7), more than one motor cycle is parked in a parking space – provided with a parking meter, the maximum time for the parking of a vehicle written on the parking meter commences for each of those motor cycles when the first of them is parked in that space; or that has a voucher machine available for its use, the parking of each of those motor cycles in that space shall be authorized by a parking voucher or parking vouchers obtained from the machine and displayed on the cycle as provided in section 97(2).
Parking spaces may be made not only in places where vehicles without distinction of any kind may lawfully be parked at all times, but also in places where those vehicles may lawfully be parked only during certain periods, but if they are made in the latter places they shall be deemed not to be parking spaces outside those periods.
This provision refers to the regulations (prescribed period
). Made under this Act:
- Local Government (Highways) Order 1994 · Regulation
- Proclamation under the Local Government (Highways) Act 1982 (SR 2020 No. 66) · Statutory Rule · under section 22
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.