98Obstruction of use of parking spaces

### 98 Obstruction of use of parking spaces > > (1)  [*\[Section 98 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpb@EN) [*\[Section 98 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpa@EN) *\[Section 98 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person must not place or leave– > > > > > > (a) a bicycle or tricycle of a kind referred to in [section 97](#GS97@EN) [(3)](#GS97@Gs3@EN) [(a)](#GS97@Gs3@Hpa@EN) ; > > > > > > > (b) a trolley of a kind referred to in [section 97](#GS97@EN) [(3)](#GS97@Gs3@EN) [(b)](#GS97@Gs3@Hpb@EN) ; or > > > > > > > (c) any other vehicle or thing (other than a vehicle of a kind referred to in [section 97](#GS97@EN) [(3)](#GS97@Gs3@EN) [(c)](#GS97@Gs3@Hpc@EN) or [(d)](#GS97@Gs3@Hpd@EN) )– > > > > so as to obstruct the use of a parking space for the parking of a vehicle. > > > > Penalty:  [*\[Section 98 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpc@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)  [*\[Section 98 Subsection (2) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpd@EN) .  .  .  .  .  .  .  .   > > > (3)  [*\[Section 98 Subsection (3) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpe@EN) Without affecting the availability of any other defence, it is defence to a complaint for an offence under this section– > > > > > > (a) [*\[Section 98 Subsection (3) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC4@EN) .  .  .  .  .  .  .  .   > > > > > > > (b) that the defendant had not placed or left the vehicle or other thing at the relevant time; or > > > > > > > (c) that, in the case of a vehicle, by reason of a defect in the vehicle or an accident, it was the duty of, or it was necessary for, the defendant to draw off the road and, in doing so or attempting to do so, the defendant had placed the vehicle so as to obstruct the use of a parking space for the parking of another vehicle. > > > (4)  A defendant who wishes to rely on a defence provided in [subsection (3)](#GS98@Gs3@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. > > > (5)  [*\[Section 98 Subsection (5) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpf@EN) A summons on a complaint for an offence under this section shall set out [subsections (3)](#GS98@Gs3@EN) and [(4)](#GS98@Gs4@EN) . > > > (6)  [*\[Section 98 Subsection (6) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpg@EN) If a person proceeded against under this section (in this subsection referred to as "the defendant") alleges that another person placed or left the vehicle or other thing at the relevant time, a justice may, on the defendant's application, issue a summons to that other person to attend the hearing of the complaint against the defendant at which, if the contravention of [subsection (1)](#GS98@Gs1@EN) is proved, the court may– > > > > > > (a) hear and determine whether the other person did so place or leave the vehicle or other thing; and > > > > > > > (b) [*\[Section 98 Subsection (6) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hph@EN) if it finds that he did, discharge the defendant and adjudge the other person to pay the penalty for the contravention. > > > (7)  [*\[Section 98 Subsection (7) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC2@Hpi@EN) All allegations in a complaint for an offence under this section are, unless denied by the defendant, sufficient evidence of the facts alleged in the complaint.