The Council has a statutory obligation to enforce specific legislation. Road Safety Road Rules 2017 is the Victorian legislation that the Council must enforce within Benalla Rural City, as part of the Road Safety Act 1986.
Click above for some common road laws that Councils around Victoria need to enforce, information about what they mean and how the infringement process works.
Road Rule 203
A parking space reserved for the disabled can only be used by someone with a current blue-on-white disabled parking permit, or by a driver who is parking the car so that the disabled permit holder can get in or out of the car.
What does the law say?
(1) A driver must not stop in a parking area for people with disabilities unless—
(a) the driver’s vehicle displays a current parking permit for people with disabilities; and
(b) the driver complies with the conditions of use of the permit.
(2) A driver who stops in a parking area for people with disabilities or parks in accordance with rule 206 [time extension for people with disabilities] must, when requested by a police officer or authorised person—
(a) state his or her name and address; and
(b) produce his or her driver licence; and
(c) produce a current parking permit for people with disabilities or satisfy the police officer or authorised person that he or she, or a passenger of the vehicle, holds a current parking permit for people with disabilities.
(3) If a driver fails to comply with a request under subrule (2), a police officer or authorised person may direct the driver to move the vehicle from the parking area for people with disabilities or the length of road or area where the vehicle is parked (as the case requires).
(4) A driver who is given a direction by a police officer or authorised person under subrule (3) must obey the direction. [time extension for people with disabilities] must, when requested by a police officer or authorised person—
(a) state his or her name and address; and
(b) produce his or her driver licence; and
(c) produce a current parking permit for people with disabilities or satisfy the police officer or authorised person that he or she, or a passenger of the vehicle, holds a current parking permit for people with disabilities.
Road Rule 189
The vehicle marked with an "X" is stopped illegally.
Double Parking is a traffic infringement and is subject to fines in Benalla Rural City.
What does the law say?
(1) A driver must not stop on a road –
a) if the road is a two-way road—between the centre of the road and another vehicle that is parked at the side of the road; or
b) 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.
Road Rule 179
Stopping in a loading zone is a traffic offence. You can’t stop in a loading zone even if it’s just for a moment while you leave the engine running and stay in the car.
You can only park in a Loading Zone if you are driving either:
- A truck or a G-classified goods van
- A public bus or taxi
- A courier or delivery vehicle permanently marked with a company name at least 5cm high* and actually loading or delivering goods or picking up or dropping off people.
*Note - magnetic signs or signs on windscreens or roof racks are not acceptable
What does the law say?
(1) A driver must not stop in a loading zone unless the driver is driving—
(a) a public passenger vehicle or taxi that is dropping off, or picking up, passengers; or
(b) a truck that is dropping off, or picking up, goods; or
(c) a courier vehicle displaying a courier vehicle sign; or
(d) a delivery vehicle displaying a delivery vehicle sign; or
(e) a vehicle that is dropping off, or picking up, goods which— Is constructed principally for carrying loads, and is not a sedan, station wagon or motor bike; and has displayed on it a registration label or other identifying label or mark issued or approved by the Corporation indicating that in the opinion of the Corporation the vehicle is constructed principally for carrying loads.
Stopping in a ‘No Stopping’ zone is a traffic offence. No stopping means no stopping at all, not even just pulling up for a moment.
What does the law say?
- A driver must not stop on a length of road or in an area to which a no stopping sign applies.
There are some rules about parking your car in Benalla Rural City.
The following rules apply in all cases, except in a median strip parking area:
- A driver who parks on a road (except in a median strip parking area) must position the driver's vehicle in accordance with subrules (2) to (8). Penalty: 3 penalty units.
Note - Driver's vehicle and median strip parking area are defined in the dictionary.
(2) The driver must position the vehicle to face—
(a) in the direction of travel of vehicles in the marked lane or line of traffic on, or next to, the part of the road where the driver parks; or on Stopping and Parking
(b) if there is no traffic on, or next to, that part of the road—in the direction in which vehicles could lawfully travel on that part of the road.
Note - Marked lane is defined in the dictionary.
(3) If the road is a two-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left side of the road.
Note - Two-way road is defined in the dictionary.
(4) If the road is a one-way road, the driver must position the vehicle parallel, and as near as practicable, to the far left or far right side of the road, unless otherwise indicated by information on or with a parking control sign.
Note - One-way road, parking control sign and with are defined in the dictionary.
(5) If the driver does not park in a parking bay, the driver must position the vehicle at least 1 metre from the closest point of any vehicle in front of it and any vehicle behind it.
Note - Parking bay is defined in the dictionary.
(6) If the road has a continuous dividing line or a dividing strip, the driver must position the vehicle at least 3 metres from the continuous dividing line or dividing strip, unless otherwise indicated by information on or with a parking control sign.
Note - Dividing line and dividing strip are defined in the dictionary.
(7) If the road does not have a continuous dividing line or a dividing strip, the driver must position the vehicle so there is at least 3 metres of the road alongside the vehicle that is clear for other vehicles to pass, unless otherwise indicated by information on or with a parking control sign.
(8) The driver must position the vehicle so the vehicle does not unreasonably obstruct the path of other vehicles or pedestrians.
(9) This rule does not apply to—
(a) a driver if the driver parks on a length of road, or in an area, to which a parking control sign or road marking applies, and information on or with the sign or road marking includes the words "angle parking" or "angle"; or
(b) the rider of a motor bike if the rider parks the motor bike on a length of road, or in an area, to which a permissive parking sign applies and the sign indicates that the length of road or area is for parking motor bikes.
Notes
- Motor bike and road marking are defined in the dictionary.
- Division 9 deals with angle parking.
(10) Subrules (3) and (4) do not apply to the rider of a motor bike if the rider positions the motor bike so at least 1 wheel is as near as practicable to the far left or far right side of the road. (11) If a road has one or more service roads, the part of the road used by the main body of moving vehicles, and each service road, is taken to be a separate road for this rule.
It is an offence to park on any nature strip, including the one at the front of your house.
The Road Safety Road Rules 2017 clearly outlines the conditions of use for Stopping on a Path, Dividing Strip or Nature Strip.
What does the law say?
Road Rule 197 - Stopping on a path, dividing strip or nature strip
(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—
(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 these Rules; or
(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; or
(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.
Drivers of heavy vehicles are subject to particular rules about where they can stop in Benalla Rural City.
The Road Safety Road Rules 2017 outline these regulations in Road Rule 200, which says:
Stopping on roads—heavy and long vehicles
- The driver of a heavy vehicle, or long vehicle, must not stop on a length of road that is not in a built-up area, except on the shoulder of the road, unless the length of road is an emergency stopping lane and the driver is permitted to stop in it under rule 178.
Penalty: 3 penalty units.
Note: Built-up area is defined in the dictionary, and shoulder is defined in rule 12.
- The driver of a heavy vehicle, or long vehicle, must not stop on a length of road in a built-up area for longer than 1 hour, unless the information on or with a traffic control device specifically permits the driver of a heavy vehicle, or long vehicle, to stop on the length of road for longer than 1 hour, or is permitted to do so under subrule (2A) or by the Council.
Penalty: 3 penalty units.
Note: Council, traffic control device and with are defined in the dictionary.
(2A) The driver of a heavy vehicle, or long vehicle, other than a bus, is permitted to stop on a length of road in a built-up area for longer than 1 hour if, throughout the period when the vehicle is stopped on the length of road, the driver is engaged in dropping off, or picking up, goods.
- In this rule— “heavy vehicle” means a vehicle with a GVM of 4·5 tonnes or more; “long vehicle” means a vehicle that, together with any load or projection, is 7·5 metres long, or longer; “road” does not include a road related area, but includes any shoulder of the road.
Notes:
1. GVM is defined in the Road Safety Act 1986, road related area is defined in rule 13 and shoulder is defined in rule 12.
2. “Vehicle” includes a combination—see rule 15(2)(a)(ii).
Internal review of your infringement
The Council will send you a notice of infringement (a fine). If you feel that there are extenuating circumstances that impacted your ability to comply with the law, write to us within 28 days of the issue date on the ticket to avoid incurring additional costs.
When explaining your situation to the Council, ensure you include any supporting evidence you have – some examples are listed below.
It is the Council’s standard practice to investigate all appeals. All reviews are conducted using the Internal Review of a Penalty Notice template(PDF, 121KB) . We verify the evidence supplied and witness statements. All decisions are final and are notified in writing.
Defences listed in the Road Rules
Road Rule 165 of the Road Safety Road Rules 2017 allows for particular defences, including when a driver stops to avoid a collision, when a driver’s vehicle is broken down, where there is a medical or other type of emergency, when a driver stops in the interests of safety or when a driver stops to comply with another law.
When using any of these defences, you will need to provide supporting evidence. Some examples include:
- A full description of the situation including a sworn statement from any witnesses
- A sketch or photograph of the scene
- Receipts from a towing company, mechanic or the RACV showing dates and times
- A medical certificate or evidence of some other emergency
Defences that will not be considered
Some defences will not be considered as a defence against an infringement. Some examples include:
- Running late, including being held up in an appointment
- Not seeing relevant signs displayed
- Forgetting to display applicable parking permits
- Inability to pay (some circumstances may be considered
- Not knowing or understanding the specific road rule
- Not seeing relevant signs
The decision making process
1. Appeal - All internal reviews of parking infringements are considered by the Council.
2. Magistrates Court - If an appellant is not happy with the decision, they may elect to have their case heard in the Magistrates Court where it will be considered by an independent arbitrator. All appellants have the option to elect for their case to be heard in the Magistrates Court at any time.