Disability Parking Enforcement The Facts Click mouse for next slide.

Disability Parking Enforcement

Disability Parking EnforcementThe FactsClick mouse for next slide

Lets dispel the myths.First thing you need to know is that whenever you see this symbol you need to display a current, valid disability parking permit or you can be penalised.

International Symbol of AccessAlso known as symbol for people with disabilitiesClick mouse for next slide

Myth: if there is no sign its not a legal disability parking space.WrongAs outlined in Section 203 of the National Transport Commission (Road Transport Legislation Australian Road Rules) Regulations 2006A disability parking space is a length or area of road that contains a symbol for people with disabilities. This can be on a sign OR by a road marking.Click mouse for next slide

203 Stopping in a parking area for people with disabilities (1) A driver must not stop in a parking area for people with disabilities unless: (a) the drivers vehicle displays a current parking permit for people with disabilities; and (b) the driver complies with the conditions of use of the permit.Offence provision.NoteDrivers vehicleandparking permit for people with disabilitiesare defined in the dictionary. (2) A parking area for people with disabilities is a length or area of a road: (a) to which apermissive parking signdisplaying a people with disabilities symbol applies; or (b) to which a people with disabilities parking sign applies; or (c) indicated by a road marking (apeople with disabilities road marking) that consists of, or includes, a people with disabilities symbol.Permissive parking sign displaying a people with disabilities symbol(for a length of road)Permissive parking sign displaying a people with disabilities symbol(for an area)

People with disabilities parking sign

People with disabilities road marking Section 203 under Part 12 of the LegislationClick mouse for next slide

Myth: you cant be fined on privately owned property such as a shopping centreWrong

In the previously mentioned legislation, road related areas are defined as such13 What is a road-related area (1) Aroad-related areais any of the following: (a) an area that divides a road; (b) a footpath or nature strip adjacent to a road; (c) an area that is not a road and that is open to the public and designated for use by cyclists or animals; (d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.NoteVehicleis defined in rule 15. (2) However, a reference in the Australian Road Rules (except in this Division) to aroad-related areaincludes a reference to: (a) an area so far as the area is declared, under another law of this jurisdiction, to be a road-related area for the Australian Road Rules; or (b) any shoulder of a road; or (c) any other area that is a footpath or nature strip as defined in the dictionary;but does not include a reference to an area so far as the area is declared, under another law of this jurisdiction, not to be a road-related area for the Australian Road Rules.NoteShoulderis defined in rule 12.Click mouse for next slide

54 Power of inquiry into road use contraventions It is lawful for a police officer to make any reasonably necessary inquiry, investigation, inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed. Also, it is lawful for a police officer to arrange for someone else to make any reasonably necessary inspection, examination, or test for establishing whether or not an offence against the Road Use Management Act or the Heavy Vehicle National Law (Queensland) has been committed.57 Power of entry for ss 5456 (1) For sections 54 to 56, a police officer may enter a place and stay on the place for the time reasonably necessary for the purpose of the entry. (2) However, the police officer may use reasonably necessary force to enter the place only if the entry is authorised by a police officer of at least the rank of inspector.... And of course there are Police Powers and Responsibilities ... (theres an Act for that too)Click mouse for next slide

Who is exempt from the rules when it comes to disability parking?Yes, there are exemptions. No, Ive got a broken toe is not an exemption.

Emergency services vehicles are exempt if the driver is taking reasonable care and it is reasonable that the provision should not apply. This is subject to each organisations policies, procedures and code of conduct.

A tram or a public bus travelling along tram tracks.

Road workers when it is not practical that the provision apply and enough warning has been given of the road work(s).

Oversize vehicles and their pilot vehicles whenit is not practicable for the driver to comply with the provision; and the driver is taking reasonable care; and the driver is complying with any other relevant law of this jurisdiction relating to oversize vehicles, including the conditions of any permit or authority issued in relation to the oversize vehicle.

Tow trucks when the driver is engaged in loading, or connecting to, a vehicle to which this rule applies; and the driver is unable to comply with the provision; and the tow truck is displaying a flashing light; and the driver is acting safely.

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So there you have it. Myths Busted!For further information about the relevant legislations mentionedGo to: www.comlaw.gov.au/Details/F2006L00240or search the legislation library in your state.Its pretty simple. Keep our communities accessible and inclusive to everyone.Remember, No Permit No Park.

Produced by E.R. Wright forNo Permit No ParkAustralia 2015