PART 2—ADMINISTRATION
2.1 Application of particular definitions
(1) For the purposes of the application of the definitions of “no parking area”, “no stopping area” and
“parking area”, an arrow inscribed on a traffic sign erected at an angle to the boundary of the
carriageway is taken to be pointing in the general direction in which it would point if the signs were
viewed from the centre of the road, perpendicular to the sign post.
(2) A reference to a word or expression inscribed on a sign includes a reference to a symbol depicting
that word or expression.
(3) A reference to a parking station or metered zone includes a reference to part of the parking station
or part of the metered zone.
2.2 Undefined terms
Where a term is used but is not defined in the Act or in this local law and that term is defined in the
Road Traffic Act 1974 or the Road Traffic Code 2000 then, unless the context otherwise requires, the
term is to have the meaning given to it in the Road Traffic Act 1974 or the Road Traffic Code 2000.
2.3 Delegation
(1) In this local law a reference to the local government having the power to do something in its
discretion, and whether or not subject to any condition it thinks fit, shall be deemed to include a
reference to the CEO and a committee to which the local government has delegated the power of
doing the thing or exercising the discretion.
(2) In this local law a reference to the local government having power to do something in its
discretion, shall be deemed to include a reference to any employee of the local government to whom
the CEO has delegated to exercise any of the CEO’s powers or the discharge of any of the CEO’s
duties in relation to this local law.
2.4 Determination of fees and charges
In this local law any fees and charges shall be determined from time to time by resolution of the local
government in accordance with the provisions of the Act.
2.5 Application of local law
(1) This local law applies to the parking region and all parking stations and parking facilities in the
parking region and include a parking facility or parking station that—
(a) is owned, controlled or occupied by the local government; or
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(b) is owned by the local government but is leased to another person, persons or company; or
(c) is owned or occupied by another person, persons or company whom have a current agreement
with the local government to enforce these local laws.
2.6 Sign erected by the Commissioner of Main Roads
(1) Any sign that—
(a) was erected by the Commissioner of Main Roads prior to the coming into operation of this
local law; and
(b) relates to the restriction, parking or standing of vehicles,
shall be deemed, for the purposes of this local law, to have been erected by the local government
under the authority of this local law.
2.7 Application of signs
(1) This local law applies to the stopping or parking of vehicles within the district which is controlled
by a sign. Such sign shall be read as applying to that part of the road or road verge which—
(a) lies beyond the sign; or
(b) lies between the sign and the next sign beyond that sign; and
(c) is that half or side of the carriageway of the road or road verge nearest to the sign.
(2) For the purposes of this local law a sign may, by the use of any symbol or other traffic control
device specified in accordance with AS 1745.11—
(a) prohibit or regulate parking and stopping; or
(b) specify maximum times; or
(c) specify permitted classes of vehicles.
2.8 Class of vehicles
(1) For the purpose of this local law vehicles are divided into classes as follows—
(a) buses;
(b) commercial vehicles;
(c) motor cycles;
(d) bicycles;
(e) taxis; and
(f) all other vehicles not otherwise classified, which includes motor cycles with sidecars attached.
PART 3—STOPPING AND PARKING GENERALLY
3.1 Power to prohibit and regulate
(1) The local government may prohibit or regulate by signs or otherwise the stopping and parking of
any vehicle or class of person and vehicle, or both, but is to do so consistently with the provisions of
this local law.
(2) The local government may establish, determine, vary and indicate by signs—
(a) parking facilities; or
(b) permitted times and conditions of stopping and parking which may vary with the locality; or
(c) permitted persons who may stop or park their vehicles; or
(d) permitted classes of vehicles which may stop or park; and
(e) the manner of stopping or parking.
(3) Where the local government makes a determination under this clause it shall erect signs to give
effect to the determination.
3.2 Stopping or parking in accordance with signs
(1) A person must not stop or park a vehicle in a parking facility—
(a) if by a sign it is set apart for the stopping or parking of vehicles of a different class; or
(b) if by a sign it is set apart for the stopping or parking of vehicles by persons of a different
class; or
(c) during any period when the stopping or parking of vehicles is prohibited by a sign—
(i) other than wholly within a parking bay or metered space; or
(ii) if a vehicle is too wide or long to fit completely within a single parking bay, the person
stopping the vehicle shall park with the vehicle within the minimum number of
parking bays needed to park that vehicle; or
(d) otherwise than in accordance with a sign applying to the place where the vehicle is stopping
or parked.
(2) A person must not stop or park a vehicle—
(a) in a no stopping area; or
(b) in a parking area, except in accordance with the signs referable to the parking area and this
local law; or
82 GOVERNMENT GAZETTE, WA 15 January 2019
(c) partly within and partly outside a parking area; or
(d) in a bay marked ‘M/C’ unless it is a motorcycle without a sidecar; or
(e) in a bus lane; or
(f) in a transit lane; or
(g) in a truck lane; or
(h) in a bicycle lane,
unless the person is driving a public bus or taxi and is immediately dropping off, or picking up
passengers.
(3) A person must not park a vehicle in a no parking area.
(4) A person must not stop a vehicle at the side of a carriageway marked with a continuous yellow
edged line.
(5) A person must not stop or park a vehicle on or in an area of a carriageway signed or marked as a
keep clear area.
(6) A person must not stop a motorcycle without a side-car in a parking bay or metered space unless—
(a) the bay or space is marked ‘M/C’; or
(b) a sign applying to the bay or space is inscribed ‘M/C’.
(7) If there is no sign referable to a parking bay or metered space marked ‘M/C’ a person must not
stop or park a vehicle longer than the maximum period shown on the parking sign applicable to that
parking bay or metered space.
(8) Unless authorised by the local government, a person must not stop or park a vehicle in an area
designated by a sign inscribed “Authorised Vehicles Only”.
(9) Unless authorised by the local government, a person must not stop or park a vehicle in a parking
area for longer than the time period indicated by a sign, unless—
(a) clause 3.16 applies; or
(b) if the vehicle displays a disability parking permit, the vehicle may park continuously for twice
the period indicated on a sign, except in a parking area set aside for people with disabilities.
(10) A person must not park a vehicle in a parking facility, carriageway or verge within an area
designated as road closed without the permission of an authorised person.
3.3 Parking without consent
(1) A person must not stop or park a vehicle on land without the consent of the owner or occupier of
the land on which the vehicle is stopped or parked.
(2) Where the owner or occupier of the land, by a sign referable to that land or otherwise, consents to
the stopping or parking of vehicles on the land, a person must not stop or park on the land other than
in accordance with the consent given.
3.4 Parking positions
(1) Where the signs referable to a parking area are not inscribed with the words “angle parking” then
unless a sign referable to the parking area indicates, or marks on the carriageway indicate, that
vehicles have to park in a different position—
(a) where the parking area is adjacent to the boundary of a carriageway, a person stopping or
parking a vehicle in the parking area must stop or park it as near as practicable to and
parallel with that boundary; and
(b) where the parking area is at or near the centre of the carriageway, a person stopping or
parking a vehicle in that parking area must stop or park it at approximately right angles to
the centre of the carriageway.
(2) A person must park or stop a vehicle wholly within the painted lines on the road surface where
lines are marked.
3.5 Angle parking
(1) Where a sign referable to a parking area is inscribed with the words “angle parking” a person
stopping or parking a vehicle in the area must stop or park the vehicle at an angle of approximately
45 degrees to the centre of the carriageway unless otherwise indicated by the inscription on the sign
or by marks on the carriageway.
(2) Where a sign referable to a parking area is inscribed with the words “angle parking” a person
stopping or parking a vehicle in the area must stop or park the vehicle in such a manner that the
front of the vehicle is closest to the kerb or side of the road, in the same direction as the adjacent
traffic lane, unless otherwise instructed on adjacent signage.
3.6 Loading zone
(1) A person must not stop or park a vehicle in a loading zone unless—
(a) the vehicle is a commercial vehicle or delivery vehicle or a vehicle authorised by permit that
is current and prominently displayed; and
(b) a person is continuously engaged in loading or unloading goods to or from that vehicle.
(2) A person must not stop or park a commercial vehicle or a delivery vehicle or an authorised vehicle
in a loading zone for longer than shown on adjacent signage, and if no time is shown on adjacent
signage, a limit of 20 minutes shall apply.
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3.7 Parking or stopping on reserves
(1) A person, other than an employee of the local government in the course of his or her duties or a
person authorised by the local government, must not drive, stop or park a vehicle on or over any
portion of a reserve other than an area specifically set aside for that purpose.
(2) Unless authorised by the local government, a person—
(a) must not, for the purposes of conducting a business, stop or park a vehicle on any part of a
reserve; or
(b) must not stop or park a vehicle or part of a vehicle on or over any footpath constructed across
a reserve.
3.8 Occupied parking bays
A person must not stop or park or attempt to stop or park a vehicle in a parking bay or metered space
in which another vehicle is stopping or parked.
3.9 Payment for parking
A person must not insert into a ticket issuing machine, fee collection machine or parking meter
anything other than the designations of coin or banknote or other permitted form of payment
indicated by a sign on the ticket issuing machine, fee collection machine or parking meter and only in
accordance with the instructions printed on the ticket issuing machine, fee collection machine or
parking meter.
3.10 Operation of ticket issuing machines and fee collection machines
A person must not operate a ticket issuing machine, fee collection machine or parking meter except in
accordance with the operating instructions appearing on the ticket issuing machine, fee collection
machine or parking meter.
3.11 Alternative methods of payment for parking
(1) The local government may allow a person to pay for parking in advance or in arrears by issuing,
for example, a permit, card, invoice, ticket or pass or any other system of payment that may be
determined by the local government from time to time and referred to in this clause as “alternative
methods of payment”.
(2) A person who has been permitted by the local government to make alternative methods of
payment for parking is exempt from paying fees at the parking station providing that he or she
complies with the terms of the alternative method of payment including displaying the current
approved permit (where applicable) so that the extent of the permit is fully visible from the outside of
the vehicle.
(3) An alternative method of payment may not be used by any person other than the person who
received authorisation from the local government or from an agent or representative authorised by
the local government.
3.12 Set aside parking facilities
(1) Where a parking facility has been set aside under clauses 3.1(2)(c) or (d) the local government—
(a) may issue a written permit to the relevant person or vehicles of the class; and
(b) may vary or revoke a permit at any time.
(2) Except with the permission of an authorised person, a person must not stop or park a vehicle in a
parking facility set aside under subclause (1) unless—
(a) the permit is properly displayed;
(b) the permit bears a valid date; and
(c) the person or the class of vehicle as specified in the permit is specified on the sign which sign
sets aside a part or all the parking facility.
3.13 Eating areas
A person must not stop in a parking bay or metered space that has been established for a purpose
other than the parking of vehicle.
3.14 Urgent, essential or official duties
(1) Where by a sign the stopping or parking of vehicles is prohibited or permitted for a limited time in
a parking facility, the local government may permit a person to stop or park a vehicle, belonging to a
authorised service authority and/or their approved agent, in a parking facility although not otherwise
permitted or for longer than the permitted time so that the person may carry out urgent, essential or
official duties.
(2) Where authorisation is given under subclause (1) the local government may prohibit, for the
duration of that authorisation, the use by any other vehicle of that portion of the parking facility to
which the authorisation relates.
(3) A permit issued under subclause (1) may—
(a) authorise the stopping or parking of the vehicle continuously for a specified period or periods
or between specified times or from time to time during a specified period; and
(b) be revoked or suspended at any time by the local government before the expiration of any
time or period specified in the permit without responsibility for any liability for loss or claim.
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(4) A person must not stop or park a vehicle in respect of which a permit has been issued under
subclause (1)—
(a) except at the times or during the period specified in the permit;
(b) for any purpose other than the purpose specified in the permit; or
(c) at any time after the cancellation, revocation or suspension of the permit.
3.15 Direction to move vehicle
A person must not stop or park a vehicle after being directed by an authorised person or a police
officer to move the vehicle.
3.16 Selling or hiring in a parking facility
A person must not sell, bail, hire or give away any goods or thing or erect an advertisement in a
parking facility or parking bay without the written authorisation of the local government.
3.17 Obstruction of a parking facility
A person must not stop or park a vehicle in a parking facility so as to obstruct any entrance, exit,
carriageway, passage or thoroughfare of the parking facility without the written authorisation of the
local government or the approval of the facility owner.
3.18 Behaviour in a parking facility
(1) A person must not remain in a parking facility after having been directed to leave by an
authorised person or a police officer.
(2) A person must not loiter in a parking facility.
3.19 Damage to parking facilities
(1) A person must not remove, damage, deface, misuse or interfere with any part of a parking facility.
(2) A person shall not remove, damage, deface, misuse or interfere with any parking meter, ticket
issuing machine, or pay station, or cause, attempt, suffer, permit or allow any such act.
3.20 Removal and impounding of vehicles
(1) The powers of the local government to remove and impound goods including vehicles are set out in