Private Parking Areas Regulations 2014

Private parking area. The regulations are made under the Private Parking Areas Act 1986, which defines a "private parking area". The regulations do not themselves define the term, but it means any area of land (including a building or structure) that is not a public street or a council parking area and is used for parking vehicles with the consent of the owner or occupier. This includes shopping centre car parks, office building car parks, hospital parking lots, and parking areas in residential apartment complexes. It does not include public roads or council-owned car parks.

Parking space. Where parking spaces are marked out, regulation 4(1)(a) requires that a vehicle be parked wholly within one space. The exception in regulation 4(2) applies only where a vehicle, including any attached trailer, caravan or other vehicle, cannot wholly fit within an available parking space. In that case, the vehicle may occupy more than one space. This is a practical accommodation for oversized vehicles but does not permit taking two spaces for convenience.

Obstruction. Regulation 5 prohibits protrusion over a walkway or driveway; regulation 6 prohibits obstruction of vehicular or pedestrian access to or egress from the area. "Walkway" and "driveway" are not defined in the regulations but would take their ordinary meaning. "Obstruct" is also not defined, but it would encompass blocking a path even if the vehicle is otherwise parked correctly.

Purpose other than parking. Regulation 7 makes it an offence to use a private parking area for a purpose not related to parking, without lawful authority. This catches activities such as conducting repairs, selling goods from a vehicle, camping, or holding events. The maximum penalty is $750, with an expiation fee of $64.

Damage to signs etc. Regulation 8 prohibits defacing, damaging or interfering with any notice, sign or line exhibited for the purposes of the Act or regulations. It also separately prohibits placing on or removing from a vehicle an expiation notice, unless the person is the owner or driver. This protects the integrity of enforcement documentation.

Owner and driver liability. Regulation 10 provides that if a vehicle is parked in contravention of the regulations, the owner is guilty of an offence. If the owner is not the driver, both the owner and the driver are each guilty. This creates a regime of strict liability for the owner, subject to any defences under the Act. It mirrors standard on-street parking enforcement but applies to private land.

Continuing offence. Regulation 11 provides that a person guilty of an offence by reason of a vehicle being parked in contravention is guilty of a further offence for each hour it continues. The maximum penalty for each additional hour is $750, but the expiation fee is set at $63. This allows enforcement authorities to issue multiple expiation notices for long-stay non-compliance, compounding the financial exposure.

Immobilisation prohibition. Regulation 13 is a notable restriction on private property rights. It prohibits the owner or occupier of a private access road, private parking area or private walkway from immobilising a vehicle that is unlawfully parked. It also prohibits an agent or contractor from doing so on behalf of the owner or occupier. The maximum penalty is $750.

Code of notices, signs, road markings and other devices. Regulation 14 gives the Minister power to establish a code. The code is a set of specifications for signs, road markings and other devices that denote areas, parking spaces, conditions, limitations, restrictions or prohibitions relating to private parking areas. Regulation 14(2) provides that a notice, sign, road marking or other device has no effect unless it substantially conforms with the code. This means that if a private parking area owner uses non-conforming signs, the regulatory framework (including the ability to enforce parking restrictions) may be ineffective.

Expiation of offences. Regulation 15 sets out fixed expiation fees for certain offences under section 8 of the Act (unlawful parking on private property). These fees are higher than the expiation fees for offences against the regulations themselves, reflecting the primary offence. For example, a first offence under section 8(1) attracts an expiation fee of $118, while a second or subsequent offence under section 8(2) attracts $460.

Transitional provisions. Schedule 1 continues the code of signs established under the 2001 regulations (published in the Gazette on 2 October 2003) in force under the new regulation 14. This ensures continuity and avoids the need to re-establish the code.

The regulations affect several distinct groups, each with different obligations and exposures.

Drivers of vehicles. Anyone who drives a vehicle into a private parking area in South Australia is subject to the parking rules. This includes not only drivers of cars but also drivers of trucks, trailers, caravans, and any other vehicle (excluding bicycles propelled by human power, which are expressly excluded from the definition of "vehicle" in regulation 3). Drivers must ensure they park within marked spaces (if any), do not protrude over walkways or driveways, do not obstruct access, and do not use the area for non-parking purposes. If a driver contravenes any of these rules, they are guilty of an offence and may face an expiation notice or prosecution.

Vehicle owners. Owners bear a particularly heavy burden under regulation 10. Even if the owner was not driving and had no knowledge of the parking contravention, they are guilty of an offence. The owner may be liable for every hour the vehicle remains in contravention, compounding the expiation fees. This creates a strong incentive for owners to ensure their vehicles are not used in a manner that leads to infringements, especially if they lend their car to others.

Owners and occupiers of private parking areas. The regulations impose obligations on these parties, most notably the prohibition on immobilising vehicles (regulation 13). Where an owner or occupier operates a private car park and wishes to enforce parking restrictions, they cannot use wheel clamping or other immobilisation devices. Their enforcement tools are limited to issuing expiation notices (if they have a council enforcement agreement), issuing trespass notices, or seeking court orders. They also have a right to mark tyres under regulation 12. They must ensure that any signs or markings they put up conform to the Ministerial code, or else those signs have no effect.

Councils. A council that has entered into an agreement with a private parking area owner under Part 4 of the Act may enforce the regulations as if they were offences under Part 3 of the Act (regulation 9). This extends the council's enforcement power to the regulation offences. Councils are also involved in the expiation process: expiation notices are issued under the Expiation of Offences Act 1996, and the fees are payable to the relevant authority (often the council).

Authorised officers. These persons (who may be employees of the council or the parking area owner, depending on the agreement) are permitted to place erasable marks on tyres for enforcement purposes. They may also issue expiation notices.

Agents and contractors. Regulation 13(2) prohibits agents or contractors from immobilising vehicles on behalf of the owner or occupier. This means that towing companies or private enforcement firms cannot use clamping as a debt recovery method in private parking areas.

Persons who deal with expiation notices. Under regulation 8(b), it is an offence for a person who is not the owner or driver to place on or remove from a vehicle an expiation notice. This protects the chain of evidence and prevents tampering.

The regulations also have economic effects. Private parking area owners bear the cost of installing code-compliant signs and markings. Drivers face potential fines that may be lower than commercial parking rates, which can alter behaviour: if the expiation fee for overstaying is $63 (for the first hour) and the commercial parking rate is higher, some drivers may choose to risk the fine. The prohibition on immobilisation reduces the deterrent effect of private enforcement, potentially increasing the incidence of unauthorised parking and the costs to owners of managing their property.

The regulations create a set of duties for drivers, vehicle owners, and parking area owners, and grant certain rights to parking area owners and authorised officers.

Duties of drivers and owners.

• Park within a single marked space unless the vehicle cannot physically fit (regulation 4). This is a strict obligation; even partial encroachment on the line may constitute a contravention.
• Do not protrude over a walkway or driveway (regulation 5). This applies to any part of the vehicle, including attached trailers, caravans, or load. A protruding side mirror might be enough to breach this regulation.
• Do not obstruct vehicular or pedestrian access to or egress from the area (regulation 6). This is a separate and potentially broader duty than the protrusion rule.
• Do not use the area for a purpose unrelated to parking without lawful authority (regulation 7). This includes activities like repairs, sales, or waiting (if not parking).
• Do not damage, deface or interfere with signs, notices or lines put up under the Act or regulations (regulation 8(a)).
• Do not place on or remove from a vehicle an expiation notice if you are not the owner or driver (regulation 8(b)).

Duties of parking area owners and occupiers.

• Do not immobilise or cause to be immobilised a vehicle that is unlawfully parked on the area (regulation 13(1)). This is a key restriction: even if a vehicle is blocking access or causing damage, the owner cannot clamp, chain, or otherwise immobilise it.
• Ensure that any signs, markings or devices used to denote parking restrictions, spaces, or conditions substantially conform to the code established under regulation 14. If they do not, the signs have no effect (regulation 14(2)). This means that attempting to enforce a restriction using a non-conforming sign is legally ineffective, and any expiation notice issued based on that sign may be invalid.

Rights of parking area owners and authorised officers.

• To place erasable marks on the tyres of vehicles parked in the area for the purpose of enforcing the Act or regulations (regulation 12). This allows the owner to record how long a vehicle has been parked (e.g., by marking the tyre with chalk or a temporary marker) and use that evidence to support an expiation notice.
• To enter into an agreement with a council under Part 4 of the Act for enforcement of parking offences. Such an agreement extends to the enforcement of these regulations (regulation 9). This enables the private owner to have council parking officers issue expiation notices on their behalf and enforce them through the council's infringement system.

Rights of the Minister.

• To establish, vary or revoke a code of notices, signs, road markings and other devices (regulation 14(1)). The current code (continued from the 2001 regulations) was published on 2 October 2003.

Rights of persons alleged to have committed an offence.

• A person issued an expiation notice may pay the expiation fee and have the matter resolved without court proceedings (though this is not explicit in the regulations, it follows from the Expiation of Offences Act 1996).
• A person may defend a prosecution by arguing, for example, that the signs did not conform to the code, or that they had lawful authority for the non-conforming use.

The duties are not subject to any general reasonableness defence. The regulations do not provide for circumstances such as emergency stops, breakdowns, or acts of nature. The only express exceptions are the oversized vehicle exception in regulation 4(2) and the "lawful authority" qualification in regulations 7 and 8.

Maximum penalties. The regulations provide for a maximum penalty of $750 for most offences. This applies to offences under regulations 7, 8, 10, 11 and 13. The penalty is the same for individuals and corporations (no separate corporate multiplier is indicated). The continuing offence provision in regulation 11 adds a further $750 for each hour the contravention persists, though in practice the expiation fee for each additional hour is $63, not $750.

Expiation fees. Rather than proceeding to court, an alleged offender may pay an expiation fee to discharge liability for the offence. The fees are set out in the regulations and vary by offence:

• Using a private parking area for a purpose other than parking: $64.
• Damaging signs or interfering with expiation notices: $117.
• Parking outside a marked space: $63.
• Parking in a space already occupied: $76.
• Protrusion over walkway or driveway: $99.
• Obstructing access: $97.
• Continuing offence (each hour): $63.

In addition, regulation 15 sets expiation fees for primary offences under section 8 of the Act (unlawful parking on private property). Those fees are higher:

• Section 8(1) (first offence): $118.
• Section 8(2) (second or subsequent offence): $460.
• Section 8(3) (obstruction after direction): $79.
• Section 8(4) (failing to park within lines): $84.
• Section 8(5) (parking on a nature strip or garden): $81.
• Section 8(6) (parking in a way that endangers persons or property): $65.

These fees are substantially higher than the regulation-level expiation fees in some cases, reflecting the primary nature of the Act offences. The $460 fee for a second offence is notable.

Enforcement mechanisms. Enforcement relies on the issuance of expiation notices. A person authorised under the Expiation of Offences Act 1996 (such as a council parking officer, or an officer under a council agreement) may issue an expiation notice for an alleged offence. The regulations do not prescribe a process for issuing notices, leaving that to the general law.

Council enforcement agreements under Part 4 of the Act are critical. Where such an agreement exists, the regulations (including the prohibition on immobilisation and the tyre-marking provision) are enforceable as if they were Part 3 offences under the Act (regulation 9). This means that a council can incorporate regulation offences into its enforcement regime, including issuing expiation notices and prosecuting for non-payment.

Evidentiary tools. Regulation 12 permits tyre marking. This allows an authorised officer to place an erasable mark on a tyre when first observing a vehicle, return later, and if the vehicle has not moved and the mark is still in the same position, that can be evidence of continuous parking beyond a permitted time limit. The mark must be erasable; permanent damage to the tyre would be outside the scope of this power.

Prosecution. If an expiation notice is not paid, the matter may proceed to court. In court, the prosecution must prove the elements of the offence. The owner and driver liability in regulation 10 makes it easier for the prosecution: they need not prove who was driving; they can simply prove the owner of the vehicle (from registration records) and that the vehicle was parked in contravention. It is then for the owner to raise any defence (for example, that the vehicle was stolen, or that a sign was not conforming).

Duration of liability. The continuing offence mechanism means that a person can be issued multiple expiation notices for the same vehicle on the same day. For example, a vehicle unlawfully parked for five hours could attract one initial expiation and four additional hour-based expiations, at $63 each, total $315. The maximum penalty exposure in court could be far higher: $750 per hour, potentially leading to a total of $3,750 for five hours. This creates a potent deterrent, though in practice expiation fees may be the main enforcement tool.

Impact of immobilisation prohibition. The prohibition on immobilisation limits enforcement options. Private parking operators cannot clamp vehicles to compel payment. They must rely on the statutory expiation system, which requires council cooperation or the owner's own ability to take legal action through trespass or debt recovery. This increases the cost and complexity of enforcement for private operators.

Interaction with trespass laws. The regulations do not replace the common law of trespass. A vehicle parked without consent is trespassing on private property. The owner may take civil action for trespass, including seeking damages and an order for removal. However, the owner cannot immobilise the vehicle (regulation 13). They may have the vehicle towed away (towing is not immobilisation, though it is a physical removal) but towing raises its own legal issues and is not addressed in the regulations. The prohibition only covers immobilisation, not removal.

The regulations do not operate in isolation. They form part of a regulatory framework that interacts with several other pieces of South Australian legislation and general legal principles.

Private Parking Areas Act 1986. The regulations are made under this Act. The Act establishes the primary offences (section 8) and provides for enforcement agreements with councils (Part 4). The regulations supplement the Act by defining additional conduct that constitutes an offence (for example, using a private parking area for a non-parking purpose) and by providing an expiation schedule for Act offences. The Act also contains provisions for penalties, which are separate from the regulation penalties. The regulation 9 provision extends council enforcement agreements to cover regulation offences, linking the two instruments.

Expiation of Offences Act 1996. This Act governs the entire expiation notice system in South Australia. The regulations set the expiation fees but do not create the process for issuing notices or the consequences of non-payment. The Expiation of Offences Act provides for the issuing of expiation notices, the payment period, the option to elect to have the matter heard in court, and the consequences of non-payment (including enforcement through fines collection). Regulation 8(b) specifically references this Act, making it an offence to place on or remove from a vehicle an expiation notice issued under that Act.

Local Government Act 1999 and Road Traffic Act 1961. These Acts govern public roads and council parking areas. The private parking area regulations do not apply to public roads; those are covered by the Australian Road Rules and by council by-laws. A driver committing an offence in a private car park may also commit an offence under the Road Traffic Act if the private parking area is considered a "road related area" under the Road Traffic Act, but that is a separate matter. The regulations specifically apply only to private parking areas, private access roads and private walkways.

Criminal Law (criminal damage, trespass). Regulation 8 deals with damage to signs and interference with notices. This interacts with general criminal damage offences under the Criminal Law Consolidation Act 1935. The specific offence in regulation 8 carries a lower penalty ($750 maximum) compared to general criminal damage (which can be more serious). A person may be charged under either law, but double jeopardy principles would apply. Similarly, a vehicle parked unlawfully is trespassing, and the owner of the private parking area may seek civil remedies or, in some circumstances, a complaint of trespass under the Summary Offences Act 1953 if the driver refuses to leave.

Australian Consumer Law. While not directly relevant to parking offences, the Australian Consumer Law may apply to the contractual relationship between a parking area operator and a driver. For example, if a parking operator issues a "parking charge notice" (which is not an expiation notice but a contractual penalty), that notice is not governed by these regulations. The regulations only cover the statutory offence framework. Operators who try to impose contractual penalties may be subject to unfair contract terms provisions. However, the regulations do not address or authorise any contractual enforcement.

Fair Trading Act and industry codes. The regulations do not provide for any licensing or accreditation of private parking operators. There is no mandatory industry code under the regulations. The only code is the Ministerial code of signs and markings (regulation 14). This is a significant gap: any person can operate a private parking area and issue notices (subject to the Act), but the regulations only restrict immobilisation and require conforming signs.

Interaction with common law rights of property owners. The regulations restrict the common law right of a landowner to take self-help measures. A landowner whose land is being trespassed upon by a vehicle may at common law have the right to remove the vehicle, but they cannot immobilise it. The regulations create a criminal penalty for immobilisation, overriding the common law right to secure the vehicle until the trespasser removes it or pays damages. This is a significant limitation on property rights.

Legislative revision and publication. The regulations note that references to other legislation may be obsolete. The legislative history shows that the regulations are regularly amended. The most recent amendment (2025 No 23) took effect on 1 July 2025. Practitioners must check the current version.

Transitional provisions. The continued validity of the 2003 code means that signs already in place before September 2014 may still be effective if they conform to that code. However, if the Minister has varied the code since then, operators must ensure their signs conform to the current version. The transitional provision saves the code but does not freeze it; it is subject to variation or revocation.

The interaction with council agreements is practical: without an agreement, a private parking operator has no power to issue expiation notices. They must rely on notices issued by council officers or on other means such as trespass notices. The regulation 9 extension ensures that once an agreement exists, regulation offences are enforceable through the same mechanism as Act offences.

The regulations were originally made on 21 August 2014 (Gazette 21.8.2014, No 227) and commenced on 1 September 2014. They revoked and replaced the Private Parking Areas Regulations 2001.

Since then, the regulations have been amended annually. The pattern is consistent: each year, around June or July, a new statutory instrument (commonly numbered in the 70 to 100 range in the early years, then 20 to 50 in later years) varies the expiation fees in regulations 7, 8, 10, 11 and 15. The amendments take effect on 1 July each year. This annual adjustment is presumably to keep pace with inflation or to reflect changes in government policy on penalty amounts.

Key amendments include:

• 2015 No 7 (22 January 2015): omitted regulation 2 (commencement) under the Legislation Revision and Publication Act 2002, and varied the expiation fees in regulation 15.
• 2015 No 88 (1 July 2015): varied regulations 7, 8, 10, 11 and 15 to change expiation fees.
• 2016 No 105 (1 July 2016) and each subsequent year through to 2025: further variations to the same regulations.
• Starting in 2022 (No 26), the variations are described as "amended" rather than "varied" in the legislative history, and the expiation fees may have been restructured. The 2022 amendment also amended Schedule 1 Part 2 (though that part was omitted earlier).
• 2025 No 23 is the most recent amendment, effective from 1 July 2025.

The historical versions list shows versions from 22 January 2015 (the earliest after the repeal of regulation 2) through to the current version. Practitioners should ensure they are consulting the version in force at the time of the alleged offence, as the expiation fees change annually.

The transitional provision in Schedule 1 Part 3 clause 3 continues the old code of signs from 2003. This was necessary to avoid disruption when the new regulations were made. The code itself may have been updated by the Minister on occasions not recorded in the regulations (the regulations only record the establishment of the code, not its content or variations). The Minister may vary the code under regulation 14(1) at any time without amending the regulations.

The regulations themselves have not been structurally overhauled since 2014. They remain in essentially the same form, with only fee amounts adjusted. The prohibition on immobilisation (regulation 13) and the code provision (regulation 14) have not been amended substantively.

Schedule 1 Part 2 was omitted under the Legislation Revision and Publication Act 2002 on 22 January 2015. That part likely contained transitional provisions that are no longer relevant.

No other provisions have been amended beyond the fee schedule. The short title remains unchanged. The interpretation regulation (regulation 3) has not been amended.

The source text does not cite any court cases. There is no reference to any judicial interpretation of the regulations. This is unsurprising: subordinate legislation of this kind is rarely the subject of standalone appellate decisions. Most parking matters are resolved through the payment of expiation fees or are dealt with in the magistrates court without published reasons.

However, the absence of cited litigation does not mean the regulations are litigation-free. Potential areas of dispute that could arise include:

• Validity of expiation notices based on non-conforming signs. A defendant could argue that a sign did not substantially conform to the code, and therefore the offence under section 8 of the Act cannot be made out (since section 8 of the Act may depend on signs being erected). Regulation 14(2) provides that a sign has no effect unless it substantially conforms. This could be a fertile ground for defences.

• Definition of "private parking area". The regulations depend on the Act's definition. Disputes could arise about whether a particular area is a private parking area, a public road, or a council area. For example, the driveway of a hotel or a private road may be a "private access road" under the Act, which is also covered by the regulations (see regulations 12 and 13).

• Owner liability. Regulation 10 creates strict liability for owners. A defendant could argue that the vehicle was not in the owner's possession or control, or that the owner was not the person responsible (though the regulation says otherwise). The Act may contain a defence of "reasonable steps" or "the vehicle was stolen" but the regulations do not expand on that.

• Continuing offence and double jeopardy. A defendant might argue that multiple expiation notices for the same parking event are oppressive or constitute double punishment. Regulation 11 explicitly authorises a fresh offence for each hour, so the court would likely uphold that, but there could be arguments about whether the offence is truly continuous or truly hourly.

• Immobilisation disputes. If an owner does immobilise a vehicle in breach of regulation 13, the driver could seek criminal prosecution or civil remedies. There may be case law on what constitutes "immobilise" (e.g., does a wheel clamp? A chain? A parking boot? Does a digital immobiliser count?). The source does not provide any examples.

• Interpretation of "lawful authority". Regulations 7 and 8 use the phrase "without lawful authority". This could be relevant in cases where a person claims they had permission from the owner to use the area for a non-parking purpose. The meaning of "lawful authority" may be litigated.

• Tyre marking and privacy. Regulation 12 permits tyre marking. A person could argue that this constitutes an interference with their property or a breach of privacy. However, the regulation explicitly authorises it, so the argument would likely fail, but it could be tested.

• Council agreements. The validity of a council agreement and its extension to regulation offences under regulation 9 could be challenged if the agreement was not properly made or does not cover the specific area.

No decisions of the Supreme Court of South Australia or the District Court directly interpreting these regulations are recorded in the source. Practitioners should search the South Australian sentencing database for any magistrates court decisions, but these are rarely published. The regulations operate largely as an administrative infraction regime rather than a litigated branch of law.

The regulations contain several traps that practitioners and members of the public should be aware of.

1. Immobilisation is illegal, even for trespassing vehicles. Many private parking operators believe they can clamp vehicles that overstay. Regulation 13 makes that an offence. The prohibition applies to the owner or occupier and their agents. A towing company hired under a contract for enforcement may also commit the offence if it immobilises the vehicle. The maximum penalty is $750. This means that the only lawful way to prevent a vehicle from leaving is to either have it towed away (which is removal, not immobilisation) or to issue an expiation notice. Towing itself is not addressed in the regulations, so it is not prohibited, but it may be subject to the Act or other laws.

2. Signs must conform to the code, or they are ineffective. Regulation 14(2) is absolute: a sign or marking has no effect unless it substantially conforms to the Ministerial code. This means that if a private parking operator puts up a sign that says "2 hour parking" but does not use the prescribed format, size, colour or wording, a driver cannot be penalised for overstaying. The operator cannot rely on the sign to establish the offence. This is a critical due process protection for drivers, but it also means operators must invest in legal compliance.

3. Owner liability is strict and multiple. Under regulation 10, the owner of the vehicle is guilty of an offence even if they were not driving. Combined with regulation 11, the owner can be issued an expiation notice for each hour the vehicle is in contravention. If the vehicle is parked for a full day, that could be many expiation notices. The expiation fees are modest per hour ($63) but can accumulate. If the matter goes to court, the maximum penalty is $750 per hour.

4. "Lawful authority" is a narrow defence. Regulation 7 (use for a purpose other than parking) and regulation 8 (damage to signs) require proof that the person acted "without lawful authority". This places the burden on the prosecution to show lack of authority, but in practice, if a person is using a private parking area for a non-parking purpose (e.g., washing a car), they will need to point to some specific authority (permission from the owner, a statutory power, etc.). The term is not defined.

5. Protrusion over walkway or driveway is not limited to the vehicle body. Regulation 5 applies to "any part of it or any attached trailer, caravan or other vehicle or load being carried". This means that a protruding load, an open door, or even a side mirror that extends over a walkway could be a breach. There is no minimum distance. The expiation fee is $99, higher than the $63 for parking outside a space.

6. The expiation fees for Act offences are much higher than for regulation offences. A driver who commits a substantive parking offence under section 8 of the Act (the primary provision) faces a first offence expiation of $118, but a second or subsequent offence under section 8(2) has an expiation fee of $460. The regulation-level offences (failing to park within lines, etc.) are cheaper. However, a single incident may give rise to both an Act offence and a regulation offence. The Act does not appear to prevent charging both, though double jeopardy principles may apply.

7. The continuing offence applies to regulation offences only. Regulation 11 uses the phrase "by reason of a vehicle being parked in a private parking area in a manner that contravenes or does not comply with these regulations". It does not apply directly to Act offences (section 8). However, many regulation offences are also Act offences. The interplay is not clear, and a person could potentially be charged with a continuing regulation offence and a single Act offence for the same conduct.

8. The code is not reproduced in the regulations. Practitioners must look up the code separately. The transitional provision refers to the code published in the Gazette on 2 October 2003. That code may have been varied since. The Minister can vary the code without amending the regulations. To know the exact requirements, one must check current ministerial instruments.

9. Council agreements may not cover all regulation offences. Regulation 9 says the agreement extends to enforcement of these regulations as if offences against the regulations were offences against Part 3 of the Act. But the agreement itself may limit which offences are covered. It is wise to check the specific agreement.

10. The penalties for individuals and corporations are the same. No corporate multiplier is indicated. However, corporations may face additional exposure under the Criminal Law Consolidation Act.

11. Tyre marking must be erasable. Regulation 12 says "erasable marks". If an authorised officer uses a permanent marker or damages the tyre, that could be an offence under other laws (criminal damage). But enforcement officers may be tempted to use chalk or temporary paint. The regulation does not prescribe what makes a mark erasable.

12. Bicycles are excluded. The definition of "vehicle" in regulation 3 excludes "a bicycle propelled by human power". This means the regulations do not apply to bikes. They may still be subject to the Act if the Act's definition of "vehicle" includes bicycles, but the regulations themselves carve them out. This is relevant for private parking areas that have bike racks.

13. The regulations do not provide a defence of "reasonable mistake". There is no mention of an honest and reasonable belief defence. The offences appear to be strict liability (subject to any contrary intention in the Act). This means that a driver who parks in a space that appears marked but is actually not conforming to the code may still be liable if the sign is non-conforming (though the sign would have no effect, so the offence may not be established).

Compliance obligations differ depending on whether you are a driver, vehicle owner, or parking area operator.

For drivers and vehicle owners.

• Park only within marked spaces. If spaces are not marked, ensure you are not obstructing access or protruding over walkways.
• If your vehicle (including any trailer or caravan) cannot fit in a single space, you may occupy two spaces, but only if it is impossible to fit within one. Do not take two spaces for convenience.
• Never park so that any part of the vehicle protrudes over a walkway or driveway. Check mirrors, racks, and loads.
• Ensure you are not blocking any vehicular or pedestrian entry or exit. Even if you are inside a space, if your vehicle projects and blocks a lane, you may be in breach.
• Do not use the parking area for any purpose other than parking. Exit the vehicle and leave promptly. Do not conduct repairs, sell goods, or camp.
• If you receive an expiation notice, pay it within the period specified (usually 28 days) to avoid escalation. The amounts are set in the regulations.
• If you are the owner and you did not park the vehicle, you are still liable. You may try to recover the amount from the driver, but you cannot avoid the expiation notice.
• If you believe the sign or marking did not conform to the code, you may challenge the expiation notice. Be prepared to show the non-conformity (photographs, measurements).
• Do not remove or tamper with an expiation notice placed on your or another person's vehicle. Only the owner or driver may remove it (regulation 8(b)).

For parking area operators (owners and occupiers).

• First and foremost: do not immobilise vehicles. Do not use wheel clamps, boots, or any other device that prevents a vehicle from being moved. The maximum penalty is $750, and you may also be civilly liable.
• Install signs and markings that conform to the Ministerial code. Obtain a copy of the current code from the SA government gazette or regulator. Ensure all signs are substantially conforming: the wording, size, colour, and placement must be as prescribed. If they are not, the signs have no effect, and you cannot enforce the parking restrictions.
• If you wish to enforce the regulations through expiation notices, enter into an agreement with the relevant council under Part 4 of the Private Parking Areas Act 1986. Without such an agreement, you cannot issue expiation notices yourself. You can only take civil action for trespass or seek a court order.
• If you have a council agreement, ensure that the agreement explicitly covers the regulation offences (regulation 9 says it does, but check the terms).
• You may mark tyres of parked vehicles using erasable marks. Use chalk, water-soluble paint, or other temporary markers. Do not damage the tyre. Record the position of the mark relative to the tyre valve or wheel, and return later to see if the vehicle has moved. This evidence can support an expiation notice.
• Display any code-conforming signs clearly at the entrance to the parking area and within it, indicating the hours of operation, time limits, and any prohibited uses.
• Do not post signs that are not conforming. A sign that says "Private Property - Trespassers Will Be Clamped" is likely to be ineffective and could also be misleading.
• If a vehicle is parked unlawfully and you want it removed, do not immobilise it. You may arrange for it to be towed away (though not instantly). Check any legal requirements for towing vehicles from private property. Towing is not regulated by these regulations, but it may be an alternative to immobilisation. Be aware that towing can also create liability if done improperly.
• If the vehicle has an expiation notice attached and the owner does not pay, the matter will go to court or to the fines enforcement unit. You may need to provide evidence, including photographs, the expiation notice, and details of the sign and marking compliance.
• Keep records of the code edition in force at the time you erected signs. The code may be varied by the Minister. If changes are made, you may need to update signs to retain their legal effect.
• Annual fee adjustments: the expiation fees change each 1 July. Ensure that any expiation notices you issue (through the council) use the correct fee amounts. Issuing an incorrect fee may invalidate the notice.

For councils.

• If you enter into an enforcement agreement with a private parking area owner, ensure it is in writing and covers enforcement of both the Act and the regulations. Regulation 9 assists by extending the agreement automatically.
• Set up procedures for issuing expiation notices for regulation offences, including training officers on the requirements for ongoing offence (per hour) and the need to check sign conformity.
• Ensure that your parking officers know they may mark tyres under regulation 12 but that the marks must be erasable.

For authorised officers (e.g., council parking officers, or persons appointed under the agreement).

• Do not immobilise vehicles. Your enforcement tools are expiation notices and tyre marking.
• Mark tyres only for the purpose of detecting the duration of parking. Use a distinctive but erasable mark.
• When issuing an expiation notice for a continuing offence (regulation 11), calculate the number of hours the vehicle has been parked in contravention. You may issue separate notices for each hour, or one notice covering multiple hours if the system allows.
• Ensure that you are acting within the scope of the council agreement, if applicable.

For lawyers and compliance professionals.

• When advising a client who has received an expiation notice in a private parking area, first check whether the signs and markings conform to the current code. If they do not, the offence may not be valid.
• Advise vehicle owners that they cannot avoid liability by claiming they were not driving, but they may have recourse against the driver.
• Advise parking operators on how to obtain code-compliant signs and on the prohibition of clamping. Suggest alternative enforcement: council agreements, tyre marking, and towing.
• Monitor annual amendments to the regulations for changes to expiation fees. The fees change on each 1 July, and the amounts are set by regulation, not by ministerial order.
• Be aware that the code of signs is a separate instrument. Obtain a copy and keep it updated. Advise clients to photograph signs at the time of the alleged offence to later prove conformity (or lack thereof).