Parking fine increase

  • Description: Council seeks to amend Schedule 2 of Subordinate Local Law No.12 (Parking) 2016 to increase parking fines by 15%
  • Status: Closed
  • Consultation period: 12:00am 26/10/2017 to 5:00pm 16/11/2017

Proposed amendments to Schedule 2 of Subordinate Local Law No.12 (Parking) 2016

Cairns Regional Council is proposing amendments to Schedule 2 of Subordinate Local Law No.12 (Parking) 2016, to increase parking fines by 15%.

Council invites feedback on the amendment which is detailed in the table below.

Making a submission

Written submissions must be lodged with Council no later than 5pm on Thursday 16 November 2017.

Your submission should contain the grounds of the submission, and facts and circumstances relied on in support of the grounds. You can lodge your written submission:

  • via email to Local_Laws_Review@cairns.qld.gov.au
  • hand delivered to Cairns Regional Council's Administration Centre at 119-145 Spence Street, Cairns
  • by post to The CEO, Cairns Regional Council, PO Box 359, Cairns QLD 4870

Note: online comments will not be accepted as formal submissions.

For more information please contact Council via Local_Laws_Review@cairns.qld.gov.au or 4044 3044.

Explanatory notes

Parking fine amounts are based on penalty units. The State Government sets the value of penalty units, which at the moment is $126.15.

The most common parking fine in Cairns – failing to pay for parking or overstaying in a parking bay – is currently 0.4 penalty units. This will increase to 0.46 penalty units.

Council rounds down the parking fine amount to the nearest whole dollar.

So, under this arrangement the fine for failing to pay for car parking is $50.46, rounded down to $50. The new fine will be $58.03, rounded down to $58.

Parking fines for other offences, such as parking in a loading zone, taxi rank, bus stop or disabled bay will also increase by 15% rounded down to the nearest whole dollar.

Proposed amendments

Column 1

Column 2

Transport Operations (Road Use Management) Act 1995 provision

Minor Traffic Offence

Infringement notice penalty amount

106(1)(a)(i)

Parking in a designated parking space where a parking meter or parkatarea installed for the space indicates that a parking fee has not been paid.

0.46 Penalty Units

106(1)(a)(ii)

Parking in a designated parking space without complying with the authorised system that applies for that space.

0.46 Penalty Units

106(1)(b)

Parking in a designated parking space for a period longer than the maximum time indicated on the official traffic sign installed for the space.

0.46 Penalty Units

106(1)(c)

Parking in a designated parking space in which another vehicle is parked.

0.46 Penalty Units

106(1)(d)

Parking in a designated parking space so that the vehicle is not wholly within that space.

0.46 Penalty Units

Column 1

Column 2

Transport Operations (Road Use Management – Road Rules) Regulation 2009 provision

Minor Traffic Offence

Infringement notice penalty amount

167

Stopping on a length of road or in an area to which no stopping sign applies.

0.92 Penalty Units

168(1)

Stopping on a length of road or in an area to which no parking sign applies.

0.92 Penalty Units

169

Stopping at the side of a road marked with a continuous yellow edge line.

0.92 Penalty Units

170(1)

Stopping in an intersection.

0.92 Penalty Units

170(2)

Stopping on a road within 20m from the nearest point of an intersecting road at an intersection with traffic lights.

0.92 Penalty Units

170(4)

Stopping on a road within 10m from the nearest point of an intersecting road at an intersection without traffic lights.

0.92 Penalty Units

171(1)(a)

Stopping on a children’s crossing.

0.92 Penalty Units

171(1)(b)

Stopping on the road within 20m before the children’s crossing or 10m after the crossing.

0.92 Penalty Units

172(1)

Stopping on a pedestrian crossing that is not an intersection, or on the road within 20m before the crossing and 10m after the crossing.

0.92 Penalty Units

173(1)

Stopping on a marked foot crossing that is not an intersection, or on the road within 10m before the traffic lights pole nearest to the driver at the crossing and 3m after the crossing.

0.92 Penalty Units

174(2)

Stopping within 10m before the traffic lights nearest to the driver at the place, and 3m after the traffic lights on a road:

  1. with bicycle crossing lights facing bicycle   riders crossing the road; and
  2. with traffic lights facing traffic travelling   on the road, and
  3. that is not an intersection.

0.92 Penalty Units

175(1)

Stopping on a level crossing, or on a road within 20m before the nearest rail or track  to the driver approaching the crossing and 20m after the nearest rail or track to the driver leaving the crossing.

0.92 Penalty Units

176(1)

Stopping on a length of road other than a road-related area, to which a clearway sign applies.

0.92 Penalty Units

179(1)

Stopping in a loading zone.

0.92 Penalty Units

179(2)

Stopping continuously in a loading zone by a bus, truck or motor vehicle displaying a commercial vehicle identification label for longer than 30 minutes or such other time as indicated on the loading zone sign applying to the loading zone.

0.92 Penalty Units

179(2A)

Stopping continuously in a loading zone by a motor vehicle that is dropping off, or picking up, goods for longer than 20 minutes.

0.92 Penalty Units

179(2B)

Stopping continuously in a loading zone by a motor vehicle that is dropping off, or picking up, passengers for longer than 2 minutes.

0.92 Penalty Units

180(1)

Stopping in a truck zone.

0.92 Penalty Units

181(1)

Stopping in a works zone.

0.92 Penalty Units

182(1)

Stopping in a taxi zone.

0.92 Penalty Units

183(1)

Stopping in a bus zone.

1.15 Penalty Unit

185(1)

Stopping in a permit zone unless the driver’s vehicle displays a current permit.

0.92 Penalty Units

186(1)

Stopping in a mail zone.

0.92 Penalty Units

187(1)

Stopping in a bus lane, tram lane, transit lane, truck lane.

0.92 Penalty Units

187(2)

Stopping in a tram lane, tramway or on tram tracks.

0.92 Penalty Units

188

Stopping in a shared zone.

0.92 Penalty Units

189

Stopping on a road:

  1. if the roadway is a two-way road – between the   centre of the road and another vehicle that is parked at the side of the   road; or
  2. if the road is a one-way road – between the   far side of the road and another vehicle that is parked  at the side of the road.

0.92 Penalty Units

190

Stopping in a safety zone or on a road within 10m before or after a safety zone.

0.92 Penalty Units

191

Stopping on a road near an obstruction on the road in a  position that obstructs traffic on the road.

0.92 Penalty Units

192(1)

Stopping on a bridge, causeway, ramp or similar structure.

0.92 Penalty Units

192(2)

Stopping in a tunnel or underpass.

0.92Penalty Units

193(1)

Stopping on or near a crest on a length of road that is not in a built –up area.

0.92 Penalty Units

194(1)

Stopping within 1m of a fire hydrant, fire hydrant indicator or fire plug indicator.

0.92 Penalty Units

195(1)

Stopping at a bus stop, or on the road, within 20m before  a sign on the road that indicates the bus stop, and 10m after the sign

0.92 Penalty Units

196(1)

Stopping at a tram stop or on the road within 20m before a sign that indicates a tram stop.

0.92 Penalty Units

197(1)

Stopping on a bicycle path, footpath, shared path or dividing strip or nature strip adjacent to a length of road in a built-up area.

0.46 Penalty Units

198(1)

Stopping on a road in a position that obstructs access by vehicles or pedestrians to or from a footpath ramp or a similar way of access to a footpath or a bicycle path or passage way.

0.46 Penalty Units

198(2)

Stopping on or across a driveway or other way of access for vehicles travelling to or from adjacent land.

0.46 Penalty Units

199

Stopping on a road within 3m of a public post box.

0.92 Penalty Units

200(1)

Stopping a heavy vehicle, or long vehicle, on a length of road that is not in a built up area, except on the shoulder of the road.

0.92 Penalty Units

200(2)

Stopping  a heavy vehicle, or long vehicle on a length of road in a built-up area for longer than 1 hour.

0.92 Penalty Units

201

Stopping on a length of road to which a bicycle parking sign applies.

0.46 Penalty Units

202

Stopping on a length of road to which a motorbike parking sign applies

0.46 Penalty Units

203(1)

Stopping in a parking area for people with disabilities.

1.725 Penalty Unit

205

Parking continuously on a length of road, or in an area, to which a permissive parking sign applies for longer than:

  1. the   period indicated by information on or with the sign ; or
  2. if   the vehicle displays a current parking permit for people with disabilities –   the period stated in the permit.

0.46 Penalty Units

208(1)

Parallel parking on a road: failing to properly position the vehicle (except in a median strip parking area).

0.46 Penalty Units

208A

Parking in a road-related area (except in a median strip parking area) without properly positioning the vehicle.

0.46 Penalty Units

210(1)

Angle parking in a parking area on the side of the road or in a median strip area to which a parking control sign or road marking applies – failure to properly position the vehicle.

0.46 Penalty Units

211(2)

Parking a vehicle not completely within a parking bay.

0.46 Penalty Units

211(3)

If a vehicle is too wide or long to fit completely within a single parking bay, not parking the vehicle within the number of parking bays needed to park the vehicle.

0.46 Penalty Units

212(1)

Entering or leaving a median strip parking area in a different direction to the direction that is indicated on a traffic control device.

0.92 Penalty Units

212(2)

Entering or leaving a median strip parking area backwards instead of forwards where there is no information on or with a traffic control device.

0.92 Penalty Units

Part 12

Other parking offences provided for in Part 12 (Restrictions on stopping and parking).

0.46 Penalty Units

Last updated: 16 November 2017