39Parking in ticket parking areas

39 Parking in ticket parking areas

(1) A driver commits an offence if the driver: (a) parks the driver’s vehicle in a ticket parking area; and (b) does not display a current parking ticket on the dashboard of the driver’s vehicle in such a manner that the ticket’s date and expiry time are clearly visible to persons outside the vehicle.

Penalty: 3 penalty units.

(2) A ticket parking area is a parking area designated by one or more parking control signs where information on the sign or signs includes the words ‘ticket’ or ‘ticket area’, but does not include any part of the parking area in which the parking of vehicles is prohibited by another provision of this instrument. (3) Subsection (1) does not apply if a driver parks in a ticket parking area before obtaining a parking ticket, so long as the driver obtains and displays a current parking ticket in accordance with this section immediately after parking the driver’s vehicle.

Note: A defendant bears an evidential burden in relation to a matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) A driver commits an offence if the driver allows the driver’s vehicle to remain parked in a ticket parking area after the time indicated by the expiry time on the parking ticket displayed on the dashboard of the driver’s vehicle.

Penalty: 3 penalty units.

(5) A driver commits an offence if: (a) the driver allows the driver’s vehicle to remain parked in a ticket parking area for a period of time; and (b) that period is longer than the period of time indicated on the parking control sign or signs that relate to the area as the maximum time for which a vehicle may be parked in the area.

Penalty: 3 penalty units.

(6) This section does not apply to a driver who parks in a ticket parking area if: (a) the driver parks for a period not exceeding the period (if any) for which no fee is payable for parking in the area; or (b) the driver parks outside the controlled parking hours for the area; or (c) the driver is covered by a disability exemption.

Note: A defendant bears an evidential burden in relation to a matter in subsection (6) (see subsection 13.3(3) of the Criminal Code).

(7) Nothing in this section prevents a driver from parking in different parts of the same ticket parking area while displaying the same parking ticket (if the period of time indicated on the parking ticket has not ended). (8) This section does not apply to the rider of a motorcycle. (9) Strict liability applies to subsections (1), (4) and (5).

Note: For general circumstances in which an activity will not constitute an offence, see section 13.