42Parking within parking spaces

42 Parking within parking spaces

(1) A driver commits an offence if the driver parks a vehicle in a parking space in a way that: (a) any part of the vehicle lies over the road markings by which the parking space is indicated; or (b) is not in accordance with information on a parking control sign that relates to the parking space.

Penalty: 5 penalty units.

(2) A driver of a vehicle that includes a trailer commits an offence if the driver detaches the trailer from the vehicle so as to leave the trailer in a parking space in a way that: (a) any part of the trailer lies over the road markings by which the parking space is indicated; or (b) is not in accordance with information on a parking control sign that relates to the parking space.

Penalty: 5 penalty units.

(3) Strict liability applies to subsections (1) and (2).

Note: Example 1: If a parking control sign that applies to a parking space includes the words ‘park rear to kerb’, or similar words, a vehicle is not parked in accordance with the information on the sign unless the vehicle is parked so that the rear of the vehicle is nearest the kerb and an offence would be committed under subsection (1).

Note: Example 2: If a parking control sign that applies to a parking space includes words indicating that a vehicle must be parked at a particular angle to the kerb, a vehicle is not parked in accordance with the information on the sign unless the vehicle is parked at an angle to the kerb as near as practicable to the angle mentioned on the sign and an offence would be committed under subsection (1).

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