Aug
According to the New South Wales government, key responsibility of managing illegal parking lies with the landowners, managers, and occupiers of said property. It is advised that landowners take reasonable precautions and measures to deter illegal parking on private property. This can be done through various security measures, including clear and visible signage to inform the public of the parking limitations of a private space. The New South Wales government has stated that most illegal parking has been reported as accidental and unintentional. Due to this, landowners can deter those parking illegally by ensuring adequate signs are placed before drivers can reach parking spaces, or around the parking spaces themselves.
When it comes to the rarer cases of intentional illegal parking, landowners are advised to enforce suitable security. If a landowner is suffering from repeat offenses that take up their or their visitors parking bays, security solutions like gates, barricades, and parking bollards are the advised measure. The guide of preventing illegal parking on private property NSW offers landowners suggested protections which can be undertaken at the landowner’s own expense. For example, the New South Wales government suggests gates that block vehicles from reaching the area that is experiencing repeat offenses. Alternatively, parking bollards can be placed in the parking zone itself to leave space for those permitted to park, while obstructing access for those who are not permitted.
Can Strata by-laws be used to prevent illegal parking on private property?
Strata by-laws may be used dependent on circumstances and zoning. Owners corporations in strata schemes may pass specific by-laws to control parking and limit offenses. For instance, an owners corporation can impose a local by-law and utilise penalties such as wheel-clamping or towing. However, these measures are otherwise illegal in NSW, and it is advised that landowners seek independent legal advice to ensure their penalties are being carried out lawfully due to the implication of a by-law. This is due to the fact that by-laws can only impact parties involved in the agreement, and can not be inflicted on visitors.
It is also warned that landowners must be aware that they take responsibility for any legal action that is taken, and will be held accountable if unfair or illegal penalties are enacted in defence of private property. For this purpose, unless proper legal advice has been taken into consideration, the New South Wales government urges less drastic measures such as parking bollards and gates.
How do you prevent illegal parking when land restrictions deny security planning?
Some areas in New South Wales fall under protections that otherwise limit or entirely ban the erection of gates, fences, or other security measures. It is to be acknowledged that most traffic offenders who park illegally on private property are doing so due to ignorance. Because of this, adequate signage is usually enough of a deterrent to see results. If an area that was once free-to-park is changing to private use, signs announcing this change ahead of time can prevent accidents later on. Signs surrounding the private parking or space can also further deter these mistakes.
In instances where intentional illegal parking is persisting, it is recommended to put up gates and barricades at the property’s outskirts. By ensuring no one can reach the parking area without explicit permission, the possibility of offenses becomes negligible. Alternatively, a Sydney bollard that is not fixed or permanent is also feasible.
Can the police and council be involved?
Unfortunately, due to the current laws, the NSW police and council have minimal power in deterring illegal parking on private property. The police are only permitted to seize or tow a vehicle that is a danger or unreasonable obstruction to traffic, has been abandoned on the road, or is being used contrary to the law on any part of the road, such as parking at a ‘tow away area’.
Likewise, the council has the same power as the New South Wales police, however they are limited to their council zones and can not extend their reach further than that. This means that unless a vehicle is causing, or may cause, danger to the public, the police and council can not take action to remove the illegally parked vehicle. Furthermore, in order to declare a vehicle abandoned or a danger to others, the police or council must take adequate measures to gather relevant information.
What can landowners do when security measures aren’t working?
Ultimately, the New South Wales government urges landowners to speak with their council, so that appropriate measures can be carried out to reduce illegal parking on private property. Data shows that most illegal parking occurs as a result of insufficient parking in high-traffic zones. This includes areas that are near entertainment venues, high-volume work zones, shopping malls, and other busy locations. Due to this, speaking to council can bring these insufficient parking spaces to attention, where better city planning and zoning can help ease the backlog of traffic.
Data has further shown that the most effective and easiest way to deter illegal parking is to rely on systems of defense that by nature make it impossible for others to enter a private zone. Parking bollards and frontline gates, are the most practical means for this.
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