Government Railways (Parking Stations) By-law 1997

The by‑law rests on a small set of interlocking concepts that structure both rights and enforcement.

• Parking station and parking space (rule 1(1) definitions; rule 3). The Authority may create, designate and vary parking stations and parking spaces, including permitted times, classes of vehicles and manner of parking (rule 3). Signage indicates those designations (rule 3, definition of designated and sign in rule 1(1)).

• Paid parking station and paid parking machine (rule 1(1), rule 14; Sch. 1). Paid parking stations are those designated by the Authority where specified charges apply. Payment must be by a paid parking machine where installed unless the Authority approves an alternative via its website (rule 14(1)-(2)). Rule 32 expressly allows an averment that a paid parking machine was or was not operating, to be taken as proved absent contrary evidence.

• Authorised person and responsible person (rules 1(1), 19, 23, 28). The Authority appoints authorised persons to control parking and enforce the by‑law; such persons are issued certificates and have powers to report and recommend prosecutions (rules 19, 22). The statutory term responsible person is defined by reference to the Road Traffic (Administration) Act 2008 s 6 and carries legal consequences: if the responsible person does not identify the driver when required, they are, unless they show otherwise, deemed to be the driver (rule 23). Rule 28 operationalises that by enabling notice to be given to the responsible person and deems them to have committed the offence unless they provide the driver’s identity, evidence of theft/unlawful use, or pay a modified penalty within 14 days.

• Disabled parking and ACROD permit (rules 11-13). The by‑law specifies the marking standards for disabled parking (rule 11(1) referencing Australian Standards), requires an ACROD permit to be displayed (rule 11(2)), and criminalises representing that a vehicle is so identified when it is not (rule 13). Rule 12 sets out the circumstances in which a vehicle may be parked in a disabled space and provides that if a disabled person parks in a paid parking station outside a disabled bay, they must pay any applicable charge (rule 12(2)).

• Removal, recovery, custody and disposal (rules 18, 18B-18D). The Authority can remove vehicles that obstruct or remain in a parking station for over 24 hours (rule 18). Recovery requires payment of prescribed charges (rule 18B; Sch. 1 cl. 2). If a vehicle is not recovered within two months the Authority may sell or dispose of it but must notify the owner by email or post or, if that is not possible, publish notice in a daily State newspaper (rule 18C). The by‑law sets out a cost recovery regime where deficiency in sale proceeds may be recovered from the owner by action (rule 18D(1)), and surplus must be returned to the owner or credited to the Authority’s account under the Public Transport Authority Act 2003 s 32 if the owner cannot be identified (rule 18D(2)).

• Offences, modified penalties and prosecution (rules 26-31). Contraventions are offences (rule 26(1)). The by‑law allows certain matters to be dealt with by payment of a modified penalty: $50 for general contraventions, $100 for disabled parking (rule 26(2)). The Authority may refuse a modified penalty where it believes the offence cannot be adequately punished by the modified penalty (rule 26(3)). Authorised persons may issue Form 1 infringement notices (rule 27) and Form 2 notices to responsible persons (rule 28). Service rules and record‑keeping obligations are specified (rules 29-31).

These concepts combine regulatory control (designation, signage), payment and revenue mechanics (paid parking machines, Schedule 1), administrative enforcement (authorised persons, notices, removal) and civil recovery channels (sale and court recovery). The by‑law privileges administrative remedies (modified penalties, notice regimes) but preserves criminal prosecution as a backstop (rule 26(1), rule 30).

The by‑law creates duties, rights and potential liabilities that fall on several identifiable groups.

• Authority and its authorised persons. The Authority (the public agency that administers rail parking) decides what land is a parking station, sets permitted classes, times and conditions of parking, erects signs and appoints authorised persons (rule 3; rule 19). The Authority bears the cost and operational responsibility for signage, paid parking machine installation, record keeping (rules 18(2) and 29), custody of removed vehicles and disposal procedures (rules 18B-18D). It also controls modified penalty acceptance and prosecution decisions (rule 26(2)-(4)).

• Drivers. Any person driving or in control of a vehicle (definition of driver in rule 1(1)) must comply with where they may stand or park (rules 4-9), park wholly within a parking space unless directed otherwise (rule 5), not obstruct entrances or roadways (rule 6), comply with loading zone conditions (rule 10), and pay charges and obtain receipts where applicable (rules 14-16; Sch. 1). They face immediate administrative consequences (infringement notices left on vehicles; rule 27(1A)) and potential underlying penalties up to $200 on conviction (rule 26(1)).

• Responsible persons and vehicle owners. The responsible person for a vehicle as defined under the Road Traffic (Administration) Act 2008 s 6 may be treated as the driver for enforcement purposes unless they disclose the actual driver or show the vehicle was stolen or unlawfully used (rule 23; rule 28). Where a vehicle is removed and not recovered within two months the Authority may dispose of it and apply proceeds to costs; any remaining surplus is returnable to the owner or credited to the Authority’s account if the owner is unknown (rule 18C(3); rule 18D(2)).

• People with disability and ACROD permit holders. The by‑law prescribes the marking standard and display requirements for vehicles of people with disability (rule 11) and the conditions under which they may park in designated disabled spaces (rule 12). Misrepresenting a vehicle as displaying an ACROD permit is an offence (rule 13). Modified penalties for disabled parking contraventions are higher ($100) (rule 26(2)(b)).

• Businesses and commercial users. Entities that use loading zones must ensure that their vehicles meet the goods definition and time limits (rule 10). Commercial operators that own or operate parking facilities on railway land must follow Authority determinations about paid parking, signage and permitted classes (rule 3), and may be affected by charges for removal and custody if vehicles connected to their operations are removed.

• Third parties and the public at large. Members of the public who rely on parking near rail services (commuters, shoppers) are affected by the availability of paid and unpaid spaces and by enforcement that can alter the effective supply of parking (rule 3, rules 14-15). Notice and disposal procedures (rules 18C-18D) also affect persons tracing the whereabouts of removed vehicles.

Who pays: drivers and responsible persons pay modified penalties, parking charges (Sch. 1 cl. 1), gate unlocking fees for secured stations (Sch. 1 cl. 2A), removal and custody fees (Sch. 1 cl. 2), and potentially court costs where recovery proceedings are necessary (rule 18D(1)). The Authority decides designations, enforcement approach and whether to accept modified penalties (rules 3, 19, 26(3)).

Decision points and discretion: the Authority possesses substantive discretion , to constitute parking stations (rule 3), to approve alternative payment methods (rule 14(2)), to reduce/waive gate unlocking fees (rule 18A(2)), to refuse modified penalty acceptance (rule 26(3)), and to dispose of uncollected vehicles subject to notice requirements (rule 18C). Authorised persons have tactical discretion in enforcement and in issuing notices (rules 19 and 22).

This section summarises the principal duties imposed on road users and rights and obligations conferred on the Authority and authorised persons, with direct textual citations.

Duties on drivers and responsible persons

• Park only where permitted and comply with posted signage and designated classes of vehicles (rule 4(1)-(2); rule 3). Drivers must not stand in no standing areas (rule 4(2)(a)).

• Park wholly within a parking space unless otherwise directed by an authorised person (rule 5).

• Do not obstruct entrances, exits or roadways (rule 6).

• Observe loading zone rules: use only for delivery/collection in commerce and for no more than 30 minutes, goods defined as at least 14 kg and 0.2 cubic metre (rule 10).

• Disabled parking: only a vehicle carrying a disabled person and properly displaying a current ACROD permit (issued by National Disability Services WA) may use designated spaces (rules 11-12); presenting a false ACROD permit is an offence (rule 13).

• Paid parking: in a paid parking station when a charge applies, pay the applicable charge by paid parking machine if one is installed, or by an Authority‑approved alternative published on its website (rule 14(1)-(2)). Do not remove a vehicle until the appropriate charge has been paid (rule 15).

• Produce the name and address of the driver when required by an authorised person; otherwise the responsible person is deemed to be the driver (rule 23).

Rights and entitlements for drivers

• Right to a receipt showing the period covered by payment when paying a charge at a paid parking station (rule 16).

• Ability to contest alleged offences in court rather than pay a modified penalty (rule 27(2)).

Authority and authorised person powers and duties

• Constitution and variation of parking stations, spaces, permitted times, classes and manner of parking (rule 3).

• Erect signs to indicate designations; previous signage by the former railways commission is deemed valid (rule 2(2), rule 3).

• Appoint authorised persons, issue certificates, expect production of certificates when exercising powers (rule 19).

• Authorised persons may carry the by‑law into effect, report on its working, and recommend prosecutions (rule 22).

• Remove vehicles that obstruct or have been left over 24 hours and keep records of removed vehicles including description, date/time and place removed (rule 18(1)-(2)).

• Recover removed vehicles upon payment of specified charges and hold vehicles until fees are paid (rule 18B).

• Dispose of uncollected vehicles after two months subject to owner notification (rule 18C).

• Refuse acceptance of modified penalties where an alleged offence cannot be adequately punished by payment (rule 26(3)).

Enforcement mechanisms and presumptions

• Authorised persons may issue Form 1 infringement notices which are taken to have been given if left on or in the vehicle or served on the responsible person (rule 27(1), (1A)). The driver can pay modified penalty or contest in court (rule 27(2)-(3)).

• Where the modified penalty has not been paid and an authorised person reasonably believes an offence has been committed, the responsible person may be served with Form 2 and will be deemed to have committed the offence unless they provide the driver’s identity or evidence of theft/unlawful use, or pay the modified penalty within 14 days (rule 28).

• The Authority must keep adequate records of infringement notices and payments (rule 29).

• Averment that a paid parking machine was or was not operating is prima facie proved in the absence of contrary evidence in prosecutions under rules 14 or 15 (rule 32).

Penalty structure

• Modified penalties: $50 generally; $100 for disabled parking under rule 12 (rule 26(2)).

• Court penalty on conviction: up to $200 per offence (rule 26(1)).

Operational obligations and limits on third parties

• Prohibition on personation of authorised persons and on obstructing authorised persons (rules 20-21).

• Prohibition on placing signs resembling Authority signs or affixing notices to parking stations without Authority permission (rule 24).

• Prohibition on removing notices attached to vehicles by authorised persons except by the driver (rule 25(2)).

In sum, duties are operational and monetary: obey signage, pay charges where required, comply with authorised persons, and respond to identification demands. The Authority retains broad administrative control and a suite of enforcement and recovery tools.

The by‑law combines administrative fines (modified penalties), criminal penalties on conviction, and civil recovery mechanisms relating to removal, custody and disposal of vehicles. The enforcement architecture is multi‑tiered and assigns operational responsibilities to authorised persons and administrative discretion to the Authority.

Financial penalties and criminal exposure

• Modified penalties: under rule 26(2) a person who does not contest a notice may pay $50 for general by‑law contraventions and $100 for rule 12 (disabled parking). Payment as provided constitutes an accepted disposition and is a defence to prosecution for that offence (rule 27(3)).

• Maximum court penalty: rule 26(1) provides that on conviction a person is liable to a penalty not exceeding $200. The by‑law therefore preserves criminal prosecution as an alternative to accepting a modified penalty.

• Authority discretion: rule 26(3) permits the Authority to refuse to accept a modified penalty where it believes the offence cannot adequately be punished by a modified penalty; in that case the Authority may commence court proceedings.

Issuing and service of notices

• Authorised persons may issue Form 1 infringement notices where they have reason to believe a driver has committed an offence (rule 27(1)). Notices left on or in the vehicle are taken as given, and notices may also be served on the responsible person (rule 27(1A)).

• If a driver does not pay or contest the infringement under rule 27, and the modified penalty remains unpaid, rule 28 allows an authorised person to serve Form 2 on the responsible person, who is treated as having committed the offence unless they either identify the driver or provide evidence of theft/unlawful use or pay the modified penalty within 14 days.

• Service rules: notices may be served by hand (leaving on vehicle) or by pre‑paid post to the person’s usual or last known address (rule 31). Rule 27(1A)(a) and (b) detail the two methods that take the notice as given.

Evidentiary rules

• Averment about paid parking machines: in prosecutions under rules 14 or 15, an averment that a paid parking machine was or was not operating properly is to be taken as proved in the absence of evidence to the contrary (rule 32). This shifts the evidentiary burden to the defendant to adduce contrary evidence where the prosecution pleads that a machine was (or was not) operating.

Removal, custody, recovery and disposal

• Removal: rule 18(1) permits removal where a vehicle obstructs proper use of the parking station or has been left for over 24 hours. The Authority must record details of each removal (rule 18(2)).

• Recovery charges and detention: rule 18B allows the Authority to require payment of the charges in Sch. 1 cl. 2 (removal $60 plus $2.60/km; custody $10/day) to recover the vehicle and to hold it until payment is made.

• Disposal: if not recovered within two months the Authority may sell or otherwise dispose of the vehicle, but only after notifying the owner by email or post, or, if unable to notify by those means, publishing notice in a daily State newspaper (rule 18C(1)-(2)). Proceeds may be used to recoup removal and custody costs (rule 18C(3)). Excess costs over sale proceeds are recoverable from the owner in court (rule 18D(1)); surplus sale proceeds must be paid to the owner or credited to the Authority’s specified account (rule 18D(2)).

Operational enforcement personnel and powers

• Appointment and certificates: rule 19 requires the Authority to appoint authorised persons and issue certificates of appointment; authorised persons must produce these when exercising powers or duties under the by‑law.

• Powers of authorised persons: rule 22 authorises them to carry the by‑law into effect, report on its functioning and to recommend prosecutions. They have the tactical power to direct drivers to move vehicles (rule 8) and to issue infringement notices (rule 27).

• Obstruction and personation offences: the by‑law criminalises personation of an authorised person (rule 20) and obstruction of an authorised person in the performance of duties (rule 21).

Practical enforcement dynamics and discretion

• The Authority retains discretion over crucial enforcement choices: whether to accept a modified penalty (rule 26(3)), whether to approve alternative payment methods (rule 14(2)), and whether to reduce or waive gate‑unlocking fees for secured stations (rule 18A(2)). These points of discretion affect line‑level enforcement outcomes and the likelihood of court proceedings.

• Notice service methods (leaving notice on vehicle or posting) and the deeming provisions (rule 27(1A)) create operational efficiency for authorised persons but raise practical issues about the extent to which recipients will actually receive the notice.

• The by‑law’s evidentiary rule on paid parking machines (rule 32) makes prosecutions for unpaid paid‑parking offences procedurally easier for the Authority unless the defendant adduces counter‑evidence.

Overall, enforcement is a blended administrative and quasi‑criminal system: inexpensive modified penalties for low‑level contraventions, the use of authorised persons for on‑the‑spot enforcement, statutory presumptions to assist enforcement (rules 23, 28 and 32), and retained access to courts where the Authority chooses to litigate or where a person contests an allegation.

The by‑law explicitly cross‑references a small set of external statutes and standards and operates within the broader regulatory framework for road vehicles, administrative agencies and public transport. Interaction points create dependencies and delegation of definitional or procedural elements.

Defined term dependencies

• Road Traffic Code 2000 reg 3(1). The by‑law imports the meanings of bicycle, motor cycle and motorised scooter from the Road Traffic Code 2000 (rule 1(1)). Any changes to those definitions by the Road Traffic Code will therefore change the by‑law’s scope for those vehicle classes.

• Road Traffic (Administration) Act 2008 sections 4 and 6. The by‑law defines vehicle with reference to s 4 of that Act and defines responsible person by reference to s 6 (rule 1(1)). The legal status and duties of a responsible person under the Road Traffic (Administration) Act thus directly inform who can be treated as the responsible person for purposes of rules 23 and 28.

• Public Transport Authority Act 2003 section 32. Rule 18D(2) requires that surplus sale proceeds be credited to the account referred to in s 32 of the Public Transport Authority Act 2003 if the identity or whereabouts of the owner is unknown. That creates an inter‑statutory accounting pathway for funds arising from disposal of uncollected vehicles.

Standards referenced

• Australian Standards 1428 and 2890.6. Rule 11(1) requires disabled parking spaces to be designated by the international symbol in Australian Standard 1428 and displayed according to Australian Standard 2890.6. Compliance with those standards is thus mandatory for lawful designation of disabled parking under the by‑law. If the standards are updated, the by‑law’s signage requirement will track the content of those standards as framed in the rule.

Administrative and procedural interactions

• Deeming of earlier signage. Rule 2(2) deems signs placed by the former Western Australian Government Railways Commission prior to operation of the Public Transport Authority Act 2003 Part 7 Division 2 to have been placed by the Authority under the by‑law. This avoids transitional lacunae and confirms the Authority’s continuity of powers with respect to pre‑existing signage.

• Publication and electronic notice. Rule 14(2) permits the Authority to approve alternative payment methods by notice published on a website maintained by or on behalf of the Authority. That creates a reliance on the Authority’s web publishing function to inform the public of alternative payment channels.

• Evidentiary cross‑effect with criminal law. The by‑law provides for criminal penalties (up to $200 on conviction) and also creates modified penalty regimes. Where the Authority refuses a modified penalty (rule 26(3)), the matter proceeds to court and will be subject to ordinary criminal or quasi‑criminal evidentiary rules, with the by‑law’s special evidentiary provision about paid parking machines (rule 32) still operating in prosecutions under rules 14 and 15.

Potential points of friction or dependency

• Changes to the Road Traffic Code or the Road Traffic (Administration) Act could alter who is a responsible person or which vehicles qualify for motorcycle spaces, thereby altering who is liable under rules 23 and 28 or who can lawfully use certain spaces (rule 4(3), rule 9).

• The by‑law presupposes the Authority’s capacity to publish notices, maintain paid parking machines and access email/post addresses for owners. Where owner contact details are not available, rule 18C requires newspaper publication as the fallback , an interaction with media markets and costs.

• The by‑law’s disposal and accounting for sale proceeds use the Public Transport Authority Act 2003 framework. Any changes to the PTA Act s 32 would affect where unclaimed proceeds are credited.

• Australian Standards referenced are external documents not reproduced in the by‑law. Administrative compliance requires the Authority and operators to obtain and apply those standards; updates to the standards could shift requirements without legislative amendment if the by‑law remains tied to the current versions by literal reference.

In short, the by‑law is lean, but it sits inside a network of external legal instruments and administrative practices. Definitions and certain procedural paths are not standalone in the by‑law; they rely on up‑to‑date statutory and standards law and on the Authority’s administrative capacities.

The by‑law has been amended several times since its original publication in 1997. The compilation table in the instrument records the chronology and identifies specific rules inserted, amended or deleted across the years. The recorded amendments and their mechanical effects are:

• 1997: By‑law No. 80 , Government Railways Parking Station By‑law (published 9 May 1997) established the by‑law as originally promulgated.

• 2003: Government Railways Amendment and Repeal By‑laws 2003 (Gazette 12 Dec 2003) inserted rule 1A (citation and designation of rules) and made multiple amendments across rules (see notes under rule 1 and other rules noting Gazette 12 Dec 2003). These amendments included various textual amendments to rule numbering and presentation.

• 2007: Government Railways (Parking Stations) Amendment By‑law 2007 (Gazette 26 Jun 2007; substantive by‑law operation from 1 Jul 2007) amended Schedule 1 and possibly other rules as indicated by "amended: Gazette 26 Jun 2007 p. 3060" annotation in Sch. 1.

• 2013: Government Railways (Parking Stations) Amendment By‑law 2013 (Gazette 5 Nov 2013; operative 6 Nov 2013) introduced new provisions including rule 18A (charge for removing vehicle from secured parking station between designated hours) (rule 18A inserted: Gazette 5 Nov 2013 p. 4947) and updated other rules and Schedule 1 (Sch. 1 amended: Gazette 5 Nov 2013 p. 4948).

• 2014: Two amendments in 2014. Government Railways (Parking Stations) Amendment By‑law 2014 (Gazette 13 Jun 2014) and Government Railways (Parking Stations) Amendment By‑law (No. 2) 2014 (Gazette 8 Jan 2015 , although cited as 2014 No. 2, it appears in Gazette 8 Jan 2015 with commencement noted later) effected technical and operational changes reflected in rule annotations (for example, Form 1 amended 13 Jun 2014). Specifics include timetable information in Form 1 reverse side being updated and other editorial changes.

• 2015: Amendments recorded on 8 Jan 2015 (Gazette 8 Jan 2015 p. 143-146) updated definitions and Forms (Form 2 amended: Gazette 8 Jan 2015 p. 145-6) and may have inserted or revised rules (see rule annotations referencing 8 Jan 2015).

• 2016: Government Railways (Parking Stations) Amendment By‑law 2016 (Gazette 23 Dec 2016 p. 5910-11; operative 24 Dec 2016) inserted and amended provisions including rule 12 (disabled parking) additions (rule 12 inserted: Gazette 23 Dec 2016 p. 5911) and updated Schedule 1 (Sch. 1 amended: Gazette 23 Dec 2016 p. 5911).

• 2020: Government Railways (Parking Stations) Amendment By‑law 2020 (SL 2020/208; commenced 24 Oct 2020) made more recent substantive changes including insertion of rule 14 (paid parking machine and paid parking station payments) and related amendments (rule 14 inserted: SL 2020/208 r. 5), insertion of rule 18B-18D concerning removal charges and disposal and recovery (SL 2020/208 r. 8), deletion of rule 17 (SL 2020/208 r. 6), and amendments to rule 27(1) and other procedural rules (rule 27 amended: SL 2020/208 r. 9; rule 28 inserted: SL 2020/208 r. 10; rule 32 inserted: SL 2020/208 r. 11). Schedule 1 items for parking charges and recovery were updated in the 2020 amendment cycle as recorded.

Textual amendment notes in the by‑law itself mark the dates and Gazette pages where specific rules were altered. The legislative record thus shows an evolutionary pattern: initial establishment in 1997; structural, technical and enforcement changes in the early 2000s; incremental fee and procedural updates in 2007, 2013 and 2016; and a notable set of modernising changes in 2020 that introduced explicit paid parking rules, recovery and disposal mechanics, and updated infringement procedures.

What these amendments changed mechanically

• The addition of rule 14 and rule 18B-18D in 2020 modernised payment and recovery mechanics, making the paid parking machine and website‑based authorisations the default payment process and establishing clearer removal, custody, sale and recovery rules, including specified fees in Schedule 1.

• Rule 18A (2013) created a specific charge for unlocking a secured parking station between designated hours and permitted the Authority to waive or reduce that charge in particular cases (rule 18A(1)-(2)).

• Rule 12 (2016) formalised disabled parking duties and the specific higher modified penalty for contraventions was clarified in rule 26(2)(b).

• Forms and operational details (Forms 1 and 2 in Sch. 2) were periodically updated (2013, 2014, 2015) to reflect administrative contact points, payment options and office hours.

Observations on amendment practice

• Amendments have tended to be targeted and operational: altering fees, adding procedural safeguards for disposal, clarifying payment mechanisms, and updating forms and references. The 2020 amendments concentrated enforcement, payment and recovery rules into a tighter administrative framework and provided explicit fees and procedural pathways that the Authority can operationalise.

• The by‑law cross‑references external standards and statutes rather than embedding technical definitions internally. Consequently, some changes to how the by‑law operates are achieved administratively (for example, posting alternative payment methods online) rather than solely by legislative amendment.

The by‑law text itself does not reference or record any judicial decisions; it contains no cited cases and the compilation table records only the statutory amendment history. The instrument therefore provides no internal litigation history.

What the by‑law enables would, in practice, give rise to certain possible litigation pathways and evidentiary issues (none of which are recorded in the by‑law):

• Prosecutions for by‑law offences. The by‑law contemplates prosecution in courts of competent jurisdiction where the Authority either refuses acceptance of a modified penalty (rule 26(3)) or where a person contests an infringement and court proceedings are instituted (rule 27(2), rule 30).

• Challenges to service and notice. The by‑law deems notices left on vehicles or posted to be taken as given (rule 27(1A), rule 31). In litigation, a defendant might challenge actual receipt, the sufficiency of service or the validity of the notice, though the by‑law sets out the standard service methods.

• Evidentiary disputes about paid parking machine operation. Rule 32 deems an averment regarding whether a paid parking machine was operating properly to be proved in the absence of evidence to the contrary. This sets up a potential defensive task for accused persons to provide contrary evidence in prosecutions under rules 14 or 15; litigation could focus on the sufficiency and admissibility of such evidence.

• Responsible person presumptions. Rules 23 and 28 create a reverse‑onus or presumptive mechanism whereby the responsible person is deemed the driver unless they provide the driver’s identity or evidence that the vehicle was stolen/unlawfully used. Court challenges could arise over whether this devolution of liability is compatible with procedural fairness or statutory interpretation, but the by‑law provides the explicit mechanism.

• Administrative law review. Decisions by the Authority to refuse modified penalties, to sell uncollected vehicles, to waive or reduce fees under rule 18A, or to approve/deny alternative payment mechanisms (rule 14(2)) could in principle be subject to judicial review on administrative law grounds if a party alleges jurisdictional error, bad faith, or failure to comply with procedural requirements. The by‑law itself, however, provides for notice requirements prior to disposal (rule 18C) which limit scope for procedural challenge where the Authority follows the prescribed process.

Because no case law is supplied in the instrument, readers must consult court databases or legal reporting services to determine whether the by‑law has been litigated. The by‑law’s architecture , modified penalties with prosecution fallback, service deeming, evidentiary averments and responsible person presumptions , suggests the kinds of disputes likely to arise: receipt and service of notices, operation and proper functioning of paid parking machines, the lawfulness of removals and sales, and the sufficiency of notice to owners prior to disposal.

Practical traps and less obvious operational consequences in the by‑law that legal and compliance professionals should watch for.

• Deeming and reverse‑onus for responsible person. Under rule 23, if a responsible person refuses or fails to provide the identity of the driver on request, they are, absent proof to the contrary, deemed to be the driver. Rule 28 amplifies this: where a Form 2 is served and the modified penalty is unpaid, the responsible person is taken to have committed the offence unless within 14 days they provide the driver’s identity or evidence of theft/unlawful use or pay the penalty. This creates a short timeframe (14 days) and places a practical onus on registered keepers/owners to act promptly to avoid liability.

• Service by leaving notice on the vehicle. Rule 27(1A)(a) takes a notice left in or on a vehicle as having been given to the driver. That operational convenience can lead to disputes about actual receipt, particularly for vehicles parked on behalf of others or for businesses with fleet vehicles. Defendants may need to show they never received the notice or that the notice was not left as prescribed.

• Averment about paid parking machines. Rule 32 makes an averment about a paid parking machine’s operation prima facie proved in the absence of contrary evidence. Defendants may therefore need to secure CCTV, witness statements, maintenance logs or transaction records to rebut a prosecution alleging the machine was working.

• Small modified penalties but criminal exposure. Modified penalties are relatively modest ($50/$100), but the by‑law reserves the right to pursue prosecution with penalties up to $200 (rule 26(1)). Where the Authority refuses modified penalty acceptance (rule 26(3)) there is increased litigation risk and potential reputational cost for vehicle owners.

• Paid parking mechanics and alternate payment approval. Rule 14(1) requires payment by paid parking machine where one is installed, and rule 14(2) permits the Authority to approve alternative payment methods by notice on a website. This imposes an information‑reliance requirement on drivers: they must check the Authority’s website for approved alternatives. If the Authority updates payment methods without adequate publicity, drivers may inadvertently breach rule 14.

• Gate unlocking fee and secured stations. Rule 18A(1) prescribes a $10 fee to have a gate unlocked between designated hours for secured parking stations (Sch. 1 cl. 2A). Although rule 18A(2) allows the Authority to reduce, waive or refund the charge in a particular case, the by‑law does not specify criteria for doing so. A stranded driver may face an upfront fee and uncertainty about later refund.

• Disposal procedures require notice but only by email/post or newspaper. Rule 18C(2) requires notice to the owner by email or post or, if the Authority cannot notify by those means, publication in a daily State newspaper. If the Authority has incorrect contact details, the owner risks losing their vehicle through sale; conversely, owners depend on accurate contact details being held by registration authorities. The by‑law does not require more modern alternatives such as SMS.

• Narrow ACROD permit recognition. The by‑law specifically recognises ACROD permits issued by National Disability Services Limited ABN 52 008 445 485 trading as National Disability Services WA (rule 1(1) ACROD permit definition). This potentially creates a narrow administrative recognition that could matter if other permit schemes exist; enforcement action for misuse could be tightly framed to that definition.

• Records and evidence. The Authority must keep records of removed vehicles (rule 18(2)) and of infringement notices and modified penalties (rule 29). For legal defence or audit, availability, completeness and retention schedules of these records will be crucial; however, the by‑law does not prescribe retention periods or formats.

• Interaction with external definitions. Because the by‑law imports definitions from the Road Traffic Code 2000 and the Road Traffic (Administration) Act 2008, changes to those instruments may alter the application of parking rules (e.g., who counts as a motor cycle or where a responsible person is defined differently).

• Payment before removal. Rule 15 requires that a vehicle shall not be removed until the appropriate payment has been paid. That can constrain drivers who do not have the means to pay immediately, potentially leading to authorised removals for non‑payment in paid stations and disputes about whether payment was feasible at the time.

• Venue-specific opening hours in Form 1. The reverse of Form 1 lists specific offices and opening hours for payment. Changes to office hours or availability (e.g., closures) may affect a driver’s capacity to pay in person, so reliance on online/phone payment mechanisms (noting rule 27 reverse side payment options) is pragmatically important.

These "gotchas" arise from a combination of short statutory timeframes, administrative presumptions, evidentiary deeming, reliance on external definitions and the Authority’s broad discretion. Addressing them requires timely record‑keeping, proactive information publishing by the Authority and prompt responses by vehicle owners and drivers.

Practical compliance steps for the principal actors: the Authority (operator), authorised persons, drivers and responsible persons. Each step cites the relevant by‑law provisions.

For the Authority and parking operators

• Signage and designation. Constitute, determine and vary parking stations, parking spaces, permitted times, classes and manner of parking and indicate this by appropriate signs as required by rule 3. Ensure signage for disabled spaces complies with Australian Standard 1428 and 2890.6 as required by rule 11(1).

• Payment infrastructure and communications. Where a paid parking machine is installed, ensure machines are maintained and operational, and display clear instructions. Where no machine exists, publish approved alternative payment methods on the Authority’s website per rule 14(2). Keep machine maintenance logs to rebut potential prosecutions under rule 32.

• Records and processes for removal and disposal. Maintain the records required by rule 18(2) for each removed vehicle (description, date/time of removal, place removed) and keep adequate records of all infringement notices and modified penalties (rule 29). For uncollected vehicles, follow rule 18C(2) notice procedures before selling: attempt email or post notification to owner, and if not possible publish notice in a daily State newspaper.

• Fees and refunds policy. Implement the fee schedule in Schedule 1 (weekday parking $2 per 24 hours; gate unlock $10; removal $60 + $2.60/km; custody $10/day). Establish an internal, documented policy for exercising discretion under rule 18A(2) (waiver/reduction/refund) and rule 26(3) (refusal to accept modified penalty) to ensure consistency and defensibility of decisions.

• Authorised person appointment and training. Appoint authorised persons under rule 19 and issue certificates of appointment. Train authorised persons in the by‑law’s provisions, proper issuance of Form 1 and Form 2, correct procedures for leaving notices on vehicles, and the need to produce certificates when requested (rule 19(2)-(3)). Train them on evidentiary recording, especially for removals under rule 18.

• Payment receipt processes. Ensure paid parking machines and alternative payment channels generate receipts that meet rule 16’s entitlement to a receipt showing the parking period.

For authorised persons (operational officers)

• Produce appointment certificates when exercising powers (rule 19(3)). Follow rule 22 in carrying into effect the by‑law, recommending prosecutions when appropriate, and reporting on the by‑law’s effectiveness.

• Use the prescribed Forms. Issue Form 1 for drivers (rule 27) and Form 2 for responsible persons (rule 28). Comply with service methods (leaving notice in/on vehicle or serving responsible person in accordance with rule 31). Keep contemporaneous notes to support notices.

• Enforce removal rules consistently. Remove vehicles only under the conditions in rule 18(1) (obstruction or over 24 hours) and ensure records required by rule 18(2) are completed at time of removal.

For drivers and vehicle users

• Observe signage and posted designations. Park only where parking is permitted by sign and for permitted durations (rule 4(1)-(3); rule 3). In parking stations with marked spaces, park wholly within the space unless instructed otherwise by an authorised person (rule 5).

• Pay when required and obtain a receipt. In paid parking stations with a paid parking machine, pay via the machine (rule 14(1)) and obtain a receipt showing the period (rule 16). If an alternative payment method is available, ensure it is an Authority‑approved channel as published on the Authority’s website (rule 14(2)). Do not remove vehicle until the appropriate charge has been paid (rule 15).

• ACROD permits and disabled parking. If you are a driver or passenger eligible for disabled parking, ensure a current ACROD permit (as defined in rule 1(1)) is displayed prominently and visibly from the front of the vehicle (rule 11(2)). Only park in disabled spaces if a disabled person is the driver or passenger (rule 12(1)). Do not misrepresent ACROD permit status (rule 13).

• Respond promptly to authorised person requests. If an authorised person requires the identity and address of the driver (rule 23), respond promptly. If you are the responsible person and receive Form 2, supply the requested information or evidence that the vehicle was stolen/unlawfully used within 14 days, or pay the modified penalty to avoid being deemed the offender (rule 28).

• Understand removal and recovery fees. If your vehicle is removed under rule 18, be prepared to pay recovery charges in Sch. 1 cl. 2 ($60 + $2.60/km and $10/day custody) before collecting the vehicle (rule 18B). If your vehicle is in a secured parking station and you wish to exit between designated hours, be prepared to pay the $10 gate unlocking charge (rule 18A; Sch. 1 cl. 2A), subject to the Authority’s discretion to waive.

• Contesting notices and evidential defence. If you receive Form 1 and wish to contest, you may opt to have the matter heard in court instead of paying the modified penalty (rule 27(2)). To contest allegations under rules 14 or 15, gather evidence about the paid parking machine’s operation (CCTV, maintenance records) to rebut the averment that the machine was or was not operating (rule 32).

For businesses operating fleets

• Maintain driver rosters and logs. If vehicles are used by different drivers, keep driver assignments and logbooks readily accessible so that, if served with Form 2, you can identify the driver within the 14‑day window (rule 28).

• Keep up‑to‑date registration and contact details. Ensure the registered keeper’s and responsible person’s contact details are current with registration authorities and the car park operator where appropriate, to receive any notice about removals or pending disposals (rule 18C(2)).

Administrative checklists for compliance assurance

• Audit signage against Australian Standards for disabled bays (rule 11(1)).

• Verify paid parking machines are functional and maintain transaction logs.

• Publish and maintain a clear, easily discoverable webpage listing approved alternative payment methods (rule 14(2)).

• Implement a records retention policy for removal records and infringement notices that aligns with internal audit and potential litigation needs (rules 18(2) and 29).

• Document decision criteria for fee waivers and refusal of modified penalties to ensure consistency and defensibility (rules 18A(2) and 26(3)).

Following these steps aligns practical behaviour with the by‑law’s text and reduces the risk of enforcement action or disputes.