97Enforcement of controlled parking

### 97 Enforcement of controlled parking > > (1)  During prescribed hours, a vehicle shall not remain parked – > > > > > > (a) in a parking space for which there is a parking meter – > > > > > > > > > > (i) [*\[Section 97 Subsection (1) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpa@EN) unless there is time registered on the meter or virtual meter relating to that parking space; or > > > > > > > > > > > (ii) [*\[Section 97 Subsection (1) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpa@EN) for a period longer than the maximum period notified on the meter or sign relating to that parking space; > > > > > > > (b) in a parking space for which a voucher machine is available – > > > > > > > > > > (i) [*\[Section 97 Subsection (1) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpb@EN) unless the parking of the vehicle is authorized by a parking voucher or parking vouchers obtained from the machine and displayed on the vehicle, or there is time registered on a virtual meter relating to that parking space; or > > > > > > > > > > > (ii) [*\[Section 97 Subsection (1) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpc@EN) for a period longer than the maximum period notified on the voucher machine or sign relating to that parking space; > > > > > > > (c) in a parking space in which another vehicle, that was parked before the first-mentioned vehicle stopped there, remains parked in it, unless those vehicles are motor cycles that are parked wholly within that parking space; or > > > > > > > (d) partly inside and partly outside a parking space. > > > > Penalty:  [*\[Section 97 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpa@EN) In the case of – > > > > > > (a) a first or second offence, a fine not less than 0.5 of a penalty unit and not exceeding one penalty unit; or > > > > > > > (b) a third or subsequent offence, a fine not less than one penalty unit and not exceeding 2 penalty units. > > > (2)  For the purposes of [subsection (1)](#GS97@Gs1@EN) [(b)](#GS97@Gs1@Hpb@EN) [(i)](#GS97@Gs1@Hpb@Hqi@EN) , a parking voucher shall be deemed to be displayed on a vehicle – > > > > > > (a) not being a motor cycle or trailer, if the voucher is so placed on the dashboard against the interior of a windscreen or window of the vehicle; or > > > > > > > (b) being a motor cycle or trailer, if the voucher is so attached to the vehicle – > > > > that all writing and imprinted words, figures, and symbols appearing on the side of the voucher bearing the date and time of issue are capable of being clearly read by a person standing beside the vehicle on the side of it that is nearest to the kerb. > > > (3)  [Subsection (1)](#GS97@Gs1@EN) does not apply to – > > > > > > (a) bicycles and tricycles moved only by human strength; > > > > > > > (b) trolleys with only two wheels if those wheels are less than 310 millimetres in diameter; > > > > > > > (c) vehicles used as ambulances being used on urgent ambulance services; or > > > > > > > (d) vehicles used by a fire brigade in connection with a fire with which the brigade is then dealing. > > > (4)  *\[Section 97 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*[*\[Section 97 Subsection (4) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpb@EN) .  .  .  .  .  .  .  .   > > > (5)  [*\[Section 97 Subsection (5) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpb@EN) .  .  .  .  .  .  .  .   > > > (6)  [*\[Section 97 Subsection (6) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpc@EN) Without affecting the availability of any other defence, it is a defence in proceedings for an offence against this section– > > > > > > (a) [*\[Section 97 Subsection (6) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpd@EN) that, in the case of an offence of parking in a parking space for which there is a parking meter– > > > > > > > > > > (i) [*\[Section 97 Subsection (6) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpd@EN) that time could not be registered on the parking meter; > > > > > > > > > > > (ii) [*\[Section 97 Subsection (6) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpe@EN) that parking meter, having been set running by or on behalf of the person who parked the vehicle, failed to run for the time notified on it for the amount of money paid; > > > > > > > > > > > (iii) the vehicle had at the relevant time just been parked and the person who parked the vehicle or another person on his behalf had not had a reasonable opportunity to set that parking meter running; or > > > > > > > > > > > (iv) by reason of illness or accident or the necessity for treatment as a result of illness or accident, the driver of the vehicle was unable to set that parking meter running; > > > > > > > (b) [*\[Section 97 Subsection (6) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpe@EN) that, in the case of an offence of parking in any other parking space– > > > > > > > > > > (i) [*\[Section 97 Subsection (6) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpf@EN) the voucher machine issuing parking vouchers for that space could not be made to operate; > > > > > > > > > > > (ii) the vehicle had at the relevant time just been parked and the person who parked the vehicle or another person on his behalf had not had a reasonable opportunity to obtain a parking voucher or parking vouchers from that voucher machine; > > > > > > > > > > > (iii) the person who parked the vehicle had displayed a parking voucher or parking vouchers in accordance with [subsection (1)](#GS97@Gs1@EN) [(b)](#GS97@Gs1@Hpb@EN) [(i)](#GS97@Gs1@Hpb@Hqi@EN) and had taken reasonable steps to ensure that the voucher or vouchers remained so displayed; or > > > > > > > > > > > (iv) by reason of illness or accident or the necessity for treatment as a result of illness or accident, the driver of the vehicle was unable to operate that voucher machine; > > > > > > > (c) that the vehicle was at the relevant time in the parking space in compliance with the directions of a police officer or parking attendant; > > > > > > > (d) [*\[Section 97 Subsection (6) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpa@EN) .  .  .  .  .  .  .  .   > > > > > > > (e) that the driver of the vehicle had not parked it at the relevant time; or > > > > > > > (f) that, by reason of a defect in the vehicle or an accident, it was the duty of, or it was necessary for, the driver to draw off the road, that only a parking space was available, and that the vehicle could not since then up to the relevant time be driven on. > > > (7)  [*\[Section 97 Subsection (7) amended by No. 28 of 2019, s. 7, Applied:02 Oct 2019\]*](/view/html/inforce/2019-10-02/act-2019-028#GS7@Hpg@EN) For the purposes of [subsection (6)](#GS97@Gs6@EN) [(a)](#GS97@Gs6@Hpa@EN) [(iii)](#GS97@Gs6@Hpa@Hqiii@EN) or [(6)](#GS97@Gs6@EN) [(b)](#GS97@Gs6@Hpb@EN) [(ii)](#GS97@Gs6@Hpb@Hqii@EN) , the question whether there was a reasonable opportunity shall be determined on the assumption that the driver had on his or her person sufficient means to set the parking meter running or to operate the voucher machine, as the case may be. > > > (8)  A defendant who wishes to rely on a defence provided in [subsection (6)](#GS97@Gs6@EN) shall give written notice of his intended defence to the corporation within 7 days of the service of the complaint and summons on him but, if he fails to do so and raises the defence at the hearing, the corporation is entitled to an adjournment to enable it to meet the defence and to such costs of the adjournment as justice requires. > > > (9)  [*\[Section 97 Subsection (9) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpf@EN) A summons on a complaint for an offence under this section shall set out [subsections (6)](#GS97@Gs6@EN) , [(7)](#GS97@Gs7@EN) , and [(8)](#GS97@Gs8@EN) . > > > (10)  [*\[Section 97 Subsection (10) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpd@EN) [*\[Section 97 Subsection (10) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpc@EN) [*\[Section 97 Subsection (10) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpb@EN) [*\[Section 97 Subsection (10) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpg@EN) If a registered operator proceeded against under this section alleges that another person parked the vehicle at the relevant time, a justice may, on the registered operator's application, issue a summons to that other person to attend the hearing of the complaint against the registered operator at which, if the contravention of [subsection (1)](#GS97@Gs1@EN) is proved, the court may– > > > > > > (a) hear and determine whether the other person did so park the vehicle; and > > > > > > > (b) [*\[Section 97 Subsection (10) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hph@EN) [*\[Section 97 Subsection (10) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpe@EN) if it finds that he did, discharge the registered operator and adjudge the other person to pay the penalty for the contravention. > > > (11)  [*\[Section 97 Subsection (11) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC1@Hpi@EN) On a complaint for an offence under this section– > > > > > > (a) all allegations in the complaint are, unless denied by the defendant, sufficient evidence of the facts alleged in the complaint; > > > > > > > (b) [*\[Section 97 Subsection (11) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja12@GC3@Hpa@EN) a certificate signed by the Registrar of Motor Vehicles stating that a person named or referred to in the certificate was, as at a specified date, the registered operator, within the meaning of the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , of a vehicle with a specified registration number is admissible as evidence that the person named or referred to in the certificate was the registered operator of the vehicle on the date specified in the certificate; > > > > > > > (c) [*\[Section 97 Subsection (11) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja12@GC3@Hpb@EN) [*\[Section 97 Subsection (11) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC3@Hpf@EN) the production of a document purporting to be signed by the officer in charge of the records of the registration of motor vehicles and trailers in a State of the Commonwealth other than this State or a Territory of the Commonwealth that a person referred to or named in the document was the registered operator of a motor vehicle referred to in the document by its registered number on a date mentioned in the document is admissible and is evidence that that person was the registered operator of that motor vehicle on that date, and any such document may refer to or name any number of persons and vehicles; and > > > > > > > (d) [*\[Section 97 Subsection (11) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja12@GC3@Hpd@EN) [*\[Section 97 Subsection (11) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja12@GC3@Hpc@EN) [*\[Section 97 Subsection (11) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013\]*](/view/html/inforce/2013-07-01/act-2011-060#JS1@Ja5@GC1@EN) in the case of a contravention with a vehicle operating a hire and drive passenger service within the meaning of the [Passenger Transport Services Act 2011](/view/html/inforce/2026-04-12/act-2011-999) , evidence by a person that he has inspected the records of the registered operator of the vehicle and that they show that, at the relevant time, the vehicle was let for hire to the defendant is admissible and is evidence that it was so let for hire.