Road Rules And Car Parks: Where Do Laws Apply?

Whether road laws apply in car parks is a question that has sparked much debate. While some people assume that road markings in private car parks are not legally binding, this is not always the case. In the UK, if the public has access to a car park, it is considered a public place and road traffic laws apply. This means that driving offences such as driving without insurance or a license can be committed in these spaces. In Australia, the law does not differentiate between public and private property when it comes to the application of road rules. Therefore, road rules apply in car parks, whether they are public or private property.

Speed limits in car parks

In most cases, speed limits in car parks are set as a guide to encourage safe driving and reduce the risk of accidents. These limits are usually set at low speeds, such as 5 mph or 10 mph, which may be challenging to adhere to, especially for larger or less manoeuvrable vehicles. It is important to note that driving at higher speeds in a car park could be considered ''driving without due care and attention'' or even "dangerous driving" if an accident occurs.

Enforceable speed limits on public roads typically range from 20 mph to 70 mph in increments of 10 mph. However, private landowners can set their own rules, and if a driver exceeds the posted speed limit on private property, they may face consequences such as being banned from the premises.

It is worth noting that driving laws and their enforcement can vary depending on the country and local regulations. While the provided information gives a general overview, it is always important to refer to the specific laws and guidelines of your location.

Parking on nature strips

In Australia, road rules apply to 'vehicles' and 'road users' on 'roads' and 'road-related areas'. According to the Australian Road Rules (ARR), a road is a "publicly accessible area that is used for driving or riding motor vehicles". A road-related area includes footpaths or nature strips adjacent to roads, public cycleways, and places open to the public that are used for parking.

Parking on a nature strip is illegal under the Australian Road Rules, and motorists can be fined a hefty amount. Section 197 of the Australian Road Rules states: "A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area". However, some local councils provide exemptions to this national road rule and are more lenient in their policing. For example, Western Australian councils like Wanneroo, Cockburn, and Swan permit nature-strip parking as long as the motorist has permission from the property owner or occupant.

Parking on the nature strip can cause a practical hazard to pedestrians and drivers, and it could present access issues for water, telecommunications, and other utility assets. It is best to assume that it is illegal to park on a nature strip to avoid a hefty fine.

While some motorists try to avoid fines by leaving one or two wheels on the road while their car is parked on the nature strip, local council parking inspectors can still fine drivers an unspecified amount of demerit points and money for this illegal parking act. The amount of the fine varies depending on the state. In Victoria, illegally parking on a nature strip can incur three penalty units valued at $576.93. In NSW, motorists can be fined a maximum of 20 penalty units or $2200.

Parking across driveways

In general, road rules apply to 'vehicles' and 'road users' on 'roads' and 'road-related areas'. A road is defined as an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles. This means that road laws typically apply in car parks, as they are considered road-related areas.

Now, regarding parking across driveways, it is indeed illegal and unsafe to do so. In Alberta, for instance, parking rules state that one should not park within 1.5 meters (5 feet) of access to a driveway. Similar regulations are in place in Calgary, where you may receive a ticket and/or be towed if any part of your vehicle is parked within 1.5 meters of a driveway.

It is important to respect these rules, as failing to do so can cause significant inconvenience and even safety hazards for homeowners. For example, blocking a driveway may prevent the homeowner from backing out into the street safely, especially on narrow streets with heavy traffic.

If you encounter a vehicle parked across your driveway, you can take several steps to resolve the issue. Firstly, try to locate the owner of the vehicle and politely ask them to move. If that is not possible or effective, you can report the issue to the relevant authorities. In Calgary, for instance, you can call 403-537-7000, option 3, to report an illegally parked vehicle. Additionally, taking pictures of the vehicle blocking your driveway can be helpful as evidence.

In summary, parking across driveways is not only illegal in many places but also inconsiderate and dangerous. It is essential to abide by parking rules and respect the rights and safety of homeowners. By being mindful and following the appropriate regulations, we can ensure a smoother and safer experience for everyone involved.

Parking on the wrong side of the road

In Australia, road rules apply to 'vehicles' and 'road users' on 'roads' and 'road-related areas'. According to the Australian Road Rules (ARR), a road is a space that is "open to or used by the public, and is developed for, or has as one of its main uses, the driving or riding of motor vehicles". This means that car parks, including those on private property, are considered roads. Therefore, road laws do apply in car parks.

The penalty for parking on the wrong side of the road varies by state and territory. In Queensland, the maximum penalty is 20 penalty units, which equates to a fine of up to $2000. However, in practice, the fine is usually around $90. In Victoria, parking on the wrong side of the road can result in a fine of up to $137. It is important to note that these fines may change over time and may not be the most up-to-date information.

To avoid getting a fine, it is best to park your car off the road or in a car park. If you must park on the road, use your common sense and choose a safe place. Follow road signs and markings, and be mindful of any restrictions on where you can and cannot park. When parking on the road, always use the MSM/PSL routine and signal if necessary. Plan your parking manoeuvre in advance and manoeuvre your car slowly. Remember to leave enough room between vehicles so that you and other drivers can exit your cars safely.

Parking fines

Private parking tickets are called Parking Charge Notices (PCNs). They are not official fines and are not initially legally enforceable. Instead, they are more like invoices sent by the private car park operator. However, if you don't pay a private parking ticket, you could end up in small claims court.

If you receive a private parking ticket, you should gather as much evidence as possible to support your appeal claim and prove that the ticket was unfairly issued. For example, you might say that the ticketing machine was broken or that the ticket was issued before the grace period had expired.

You can then contact customer service and see if they will cancel the parking ticket. If not, you can file an appeal with the car park management company. If your appeal is rejected, you can take it to an independent appeals service, such as the Parking on Private Land Appeals (POPLA) or the Independent Appeals Service (IAS).

If you lose your appeal, the parking company may take you to court. For an amount of this size, it's usually a small claims action, which means the worst that can happen is that you are ordered to pay the charge and the company could reclaim court fees.

It's worth noting that private parking companies have no official right to fine you. When you park in a privately-owned car park, you're effectively entering into an unspoken contract with the landowner. On your part, by parking there, you're agreeing to meet the conditions they've stated (e.g. paying £1 for an hour, or staying for under two hours). If you don't adhere to these conditions, the landowner can issue you a parking ticket.

Yes, road rules apply on both public and private property, including car parks. According to the Australian Road Rules (ARR), a "road" is defined as "an area that is open to or used by the public, and is developed for, or has as one of its main uses, the driving or riding of motor vehicles". This includes car parks.

Frequently asked questions