99Closure of parking spaces in certain cases

### 99 Closure of parking spaces in certain cases > > (1)  An authorized officer may in or by a parking space or on the parking meter for it, if the space is provided with a parking meter, place a notice bearing – > > > > > > (a) the words "no parking", "no standing", or other words indicating that the space may not be used for the parking of vehicles; or > > > > > > > (b) the words "no parking without a municipal permit". > > > (2)  A notice under [subsection (1)](#GS99@Gs1@EN) has the effect of making the parking space to which it relates subject to the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) . > > > (3)  For the purposes of [subsection (1)](#GS99@Gs1@EN) , ***an authorized officer*** means – > > > > > > (a) a police officer; > > > > > > > (b) an officer of the Transport Commission; or > > > > > > > (c) a person authorized by the corporation for the purposes of that subsection. > > > (4)  For the purposes of this section, the corporation may issue permits authorizing persons, on such terms and subject to such conditions or in such circumstances or for such purposes as may be specified in the permit, to park vehicles or allow vehicles to stand in a parking space that is subject to such a notice as is referred to in [subsection (1)](#GS99@Gs1@EN) [(b)](#GS99@Gs1@Hpb@EN) . > > > (5)  For the purposes of the foregoing provisions of this section, a vehicle parked or allowed to stand in a parking space in accordance with a permit issued under [subsection (4)](#GS99@Gs4@EN) shall be deemed to be parked there with a municipal permit. > > > (6)  The terms on which a permit is issued under [subsection (4)](#GS99@Gs4@EN) may be terms requiring the payment of fees prescribed by public notice. > > > (7)  *\[Section 99 Subsection (7) amended by No. 30 of 1995, s. 3 and Sched. 1 \]*Subject to any directions given by the corporation, the powers of the corporation under [subsection (4)](#GS99@Gs4@EN) may be exercised on its behalf by its council clerk or by another officer of the corporation authorized by it for that purpose. > > > (8)  [Section 97](#GS97@EN) [(1)](#GS97@Gs1@EN) [(a)](#GS97@Gs1@Hpa@EN) or [(b)](#GS97@Gs1@Hpb@EN) does not apply to a vehicle while it is parked or standing in a parking space in accordance with a permit issued under this section in respect of the vehicle. > > > (9)  [*\[Section 99 Subsection (9) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpc@EN) [*\[Section 99 Subsection (9) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpb@EN) [*\[Section 99 Subsection (9) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpa@EN) *\[Section 99 Subsection (9) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*Notwithstanding [subsection (2)](#GS99@Gs2@EN) , a person must not park a vehicle or allow it to remain parked or standing in a parking space contrary to the directions contained in a notice placed under [subsection (1)](#GS99@Gs1@EN) . > > > > Penalty:  [*\[Section 99 Subsection (9) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpd@EN) A fine not less than 0.5 penalty units and not exceeding one penalty unit. > > > (10)  [*\[Section 99 Subsection (10) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpe@EN) .  .  .  .  .  .  .  .   > > > (11)  [*\[Section 99 Subsection (11) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpf@EN) Without affecting the availability of any other defence, it is a defence to a complaint for an offence under this section– > > > > > > (a) [*\[Section 99 Subsection (11) amended by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-027#JS1@Ja1@GC5@EN) .  .  .  .  .  .  .  .   > > > > > > > (b) that the driver of the vehicle had not parked it or left it standing at the relevant time; or > > > > > > > (c) 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 and, in doing so or attempting to do so, the driver had parked the vehicle, or left it standing, in a parking space that was subject to such a notice as is referred to in [subsection (1)](#GS99@Gs1@EN) . > > > (12)  A defendant who wishes to rely on a defence provided in [subsection (11)](#GS99@Gs11@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. > > > (13)  [*\[Section 99 Subsection (13) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpg@EN) A summons on a complaint under this section shall set out [subsections (11)](#GS99@Gs11@EN) and [(12)](#GS99@Gs12@EN) . > > > (14)  [*\[Section 99 Subsection (14) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hph@EN) If a person proceeded against under this section (in this section referred to as "the defendant") alleges that another person parked the vehicle or left it standing 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 (9)](#GS99@Gs9@EN) is proved, the court may– > > > > > > (a) hear and determine whether the other person did so park the vehicle or leave it standing; and > > > > > > > (b) [*\[Section 99 Subsection (14) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpi@EN) if it finds that he did, discharge the defendant and adjudge the other person to pay the penalty for the contravention. > > > (15)  [*\[Section 99 Subsection (15) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2008-006#JS1@Ja5@GC3@Hpj@EN) All allegations in a complaint under this section are, unless denied by the defendant, sufficient evidence of the facts alleged in the complaint.