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VIC WTF! - a parking ticket for being parked on a footpath!

Discussion in 'Politics, Laws, Government & Insurance' started by parko, Apr 20, 2011.

  1. WTF! Went to catch up with my brother today and catch a movie. I parked outside his place of work (South Yarra) on the footpath and came back to find a ticket on my bike for doing so, 72 bucks as well!
    The actual infringement is (verbatim off the ticket):

    It was off the main street (Chapel) and was well against the wall of the building with room for people to pass on the outside, so what the hell is the story here!
    I've always been under the impression that parking on the footpath was ok in Melbourne (Vic), and my google foo finds me vicroads doco that says it's ok.
    Is it possible that there is some council bylaw that exists (can't seem to find it though) that prevents me from doing so in South Yarra? Anybody?
  2. the fact you were against the wall was the issue, you have to be away from property.
    I'd challenge it with the council as unless there are specific signs stating a bike cannot be parked on a footpath then the charge is bogus,
  3. Yeah I thought that too, just finished some more reading of the VicRoad website and nothing is said about the location relative to a building, just that:

    None of which (obstructing) the bike was doing. Plus there were no signs to indicate that motorcycles weren't allowed to park there.

    Looks like I'll be contesting this one...

    Any more info that people could provide would be great though...

  4. VicRoads allow motorcycles to park on public footpaths as long as there is enough width for disabled access and pedestrians.
    By parking against the building wall, you have obstructed pedestrians. What would happen to the blind person who uses that
    walkway regularly?

    That would be the logical reason for receiving a PIN.

    When parking on a footpath, always park nearest to the road gutter if again, you are not creating an obstruction by doing so.

    Why would you think such signs are required? They aren't mate.

  5. You're right mate it's not very clear about location of the bike on a footpath. The reason I was told we don't park them against the buildings is because blind people use them to navigate.

    Fight it, but you might have to bluff them ;)
  6. They are used in some locations down here Justus, mainly in the city I believe. Some areas of footpath are designated 'no motorcycle parking'.
  7. All you had to do was find the website of the local Council and use their search function. Less than a minute to find both the website
    and relevant information regarding footpath parking.

    Link: City of Stonnington.

    Footpath - Across or On
    15 November 2010

    A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a
    ** built up area unless:

    (a) The driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted
    to stop at that place under the Road Rules or

    (b) The driver's vehicle is motor cycle and the driver stops in a place where the motor cycle does not inconvenience, obstruct,
    hinder, or prevent the free passage of any pedestrian or other vehicle


    (c) The driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the
    Road Safety Act 1986

    No signs are required to be installed for this offence. Vehicles must not be parked in a way that obstructs a footpath at any time.

    If you live in and/or own the property next to the footpath, you are not allowed to park your vehicle in a way that blocks the footpath.

    Council receives a large number of complaints about vehicles being parked over footpaths. This practise can pose a danger to pedestrians,
    particularly the visually impaired who rely on the property line to walk along the street. Injuries can occur when they encounter unexpected
    obstacles. Parking in this manner can also cause elderly people, people with prams or in wheelchairs to have to move on the road in
    order to pass the vehicle.

    Parking a vehicle with only one or two wheels on a footpath is an offence under the Road Rule. However, in designated very narrow
    roads, Council will allow two wheels on a footpath provided that pedestrians are not obstructed.

    Motorcycles are exempt from this Rule provided that they are not parked in a way that causes obstruction or inconvenience to footpath
    users. Motorcycles must not be parked against the building or property line.

    For full details refer to the Victorian Motor Cycle Advisory Council Guidelines for Parking Motorcycles on Footpaths.

    Penalty: On-the spot amount 0.6 penalty units ($71.67)
    Maximum Court penalty 3 penalty units ($358.35) plus costs

    The penalty is set under State Legislation and applies to all infringement notices issued to vehicles parked on or across a footpath
    within the State of Victoria.

    ** "built-up area", in relation to a length of road, means an area in which either of the following is present for a distance of at least 500
    metres or, if the length of road is shorter than 500 metres, for the whole road:

    (a) buildings, not over 100 metres apart, on land next to the road;
    (b) street lights not over 100 metres apart.

    So you can spend a day in court to pay the same $70 fine with added costs on top? That's not smart thinking! You committed the offence
    & acknowledged the same in OP.

    There was a reason your bike was the only one parked inappropriately.

    "Ignorantia juris non excusat" is a legal principle holding that a person who is unaware of a law may not escape liability for violating that
    law merely because he or she was unaware of its content; commonly known as 'ignorance of the law excuses no one'

    Good luck.

  8. Ok then, so bluffing them is out. That leaves you with...

    Pretending you're an exchange student and that's how you do it in the homeland.
    Telling them you're visually impaired and parked against the wall so you could use it for navigation.

    If you go with option (c) I'll pay the 72 bux just so I can come and watch.
  9. i think if one was blind they'd be well accustomed to bumping into shit anyway. not my fault theres blind people wondering around aimlessly out there. any thing else i'm supposed to do to prevent them from bumping into shit ?? stand next to my bike whilst parked with a loudspeaker perhaps.
    i never new nuffin about parking close to a building, never heard that before.
    i'd query it and probably not pay it. well actually no, i'd definately not pay it, **** em.
  10. think they are wrong. the parking near a building stuff is jst a guideline. you weren't booked for obstruction. so appeal it and send them a copy of the rules. or talk to TonyE
  11. Copy of what rules? The ones that say motorcyclists can park whereever the hell they want on Chapel Street? :)

    Appealing because you 'think' they are wrong won't you off. Appealing because you talked to a TonyE won't get you off either.

    197—Stopping on a path, dividing strip, nature strip or painted island.

    The infringement is clear. Disprove it first. If you can't do that, referring to the appeal process is an exercise that will cost you
    more than the face value of PIN.

  12. twistngo is right - it's a guideline only. park there again, take a photo that shows how much room was left and write to the council with the photograph telling them that you propose to see them in court.

    It is the Bastard City of Stonnington however and they don't like backing down. As someone who was involved with reviewing these guidelines, Im happy to give you a letter of support outlining the intent and pointing out that they are only guidelines.
  13. So wait, you're suggesting they use the argument that the guidelines that allow us to park on footpaths are meaningless, to appeal being booked for parking on a footpath :-s.
  14. Page three of the earlier link I provided has a guideline about parking against walls. I don't know if it has the backing of regulation however.
  15. No - the LAW in Victoria explicitly permits footpath parking - the bit about next to the building is the guideline.

    What often happens is that councils look at the guidelines and say they are rules. They are not.

    He's also been booked for stopping on a footpath - not for obstruction. By the nature of it stopping on a footpath can't be an offence for motorcycles.

    You can be charged with obstruction, you can be charged with disobeying "no motorcycle signs" but "stopping on a footpath" is not an offence for motorcycles.

    And Justus - he's not appealing because "a TonyE" (a mildly offensive way of putting it) tells him to - he'd appeal because he's in the right with the support of someone with a lot of experience in this field who had significant involvement in reviewing the guidelines.
  16. Revisiting the site and taking a photo that clearly shows that there was space for pedestians can be handy.
    Also how can a motorcycle be booked for stopping on a footpath?
    You would think there would be some sort of obstructing pedestian fine...

    You know there's always the possibility that it was a new guy who doesn't even know about motorcycles parking on the footpath and just thought "hey parking on a footpath"....
  17. Ahh okay, good to know. :)
    Didn't think there was anything specific in the law about motorcycles on footpaths, thought it was just something that was tolerated in this state.
  18. That's been the case in 90% of the cases I've been involved with. Especially with Melbourne City Council who have withdrawn a lot of tickets because of bylaws officers who didn't know what they were doing. I suspect there's a pretty big turnover.

    Sometimes though a building owner or shopkeeper doesn't like bikes parking outside so they call their mate at the local council who sends someone round to book the bike.

    The classic case was where someone complained about a bike on the footpath out the back here in St Andrews Place. (Essentially the body corporate of the units there hate motorcycles on the footpath - they think it looks untidy). There was a note left on the bike saying that it was a bad place to park because patients from the Peter Mac Cancer hospital who walked up to the coffee place couldn't get past the bikes with their drips.

    I called total bullshit on that one - the coffee place has never seen a single patient with drips in and for four years my office overlooked the road there and I never saw anyone.

    I also pointed out that I had a year off having chemo and that in my experience a) there's no way the hospital would allow a patient with a drip in to walk two hundred metres up a very rough footpath, and b) there's no way you'd want to walk all that way up if you're having treatment anyway.

    They went very quiet and haven't complained since. It does show the lengths that people will go to stop motorcycles parking in front of their property.
  19. From Road Safety Road Rules 2009

    Part 12 - Restrictions on stopping and Parking
    Seciton 197(1)(b)

    (1) A driver must not stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area, unless—
    (b) the driver's vehicle is a motor cycle and the driver stops in a place where the motor cycle does not inconvenience, obstruct, hinder or prevent the free passage of any pedestrian or other vehicle;...

    There ya go:

    In the same section that gives us the RIGHT to park on the footpath, it also imposes the DUTY to not be an Uber Douche about it!!

    You were parked against the Building, NOT because you knew it was right, but because you DIDN'T KNOW it was wrong.

    Ignorance is no excuse.

    Cop it sweet and pay it!!

    By the by, I've got one of those nice tickets sitting on my own desk at home myself, waiting to be paid:
    I parked that Big A$$ cruiser of mine on the tiny little footpath in Elwood, and some yummy mummy couldn't get her double-spaced $4,000 pram around it to get to the beach.
    I understand that, and I'll cop it sweet!