Northern Territory Repealed Regulations

This legislation has been repealed.

ALICE SPRINGS (PARKING) BY-LAWS

NORTHERN TERRITORY OF AUSTRALIA

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Regulations 1986, No. 29*
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By-laws under the Local Government Act

The Alice Springs Town Council, in pursuance of the powers conferred on it by the Local Government Act and in accordance with section 204(2) and (3) of the Act, at a meeting held on the twenty-eighth day of July, 1986, hereby makes the following By-laws.

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ALICE SPRINGS (PARKING) BY-LAWS

1. CITATION
   

These By-laws may be cited as the Alice Springs (Parking) By-laws.

2. INTERPRETATION

(1) For the purposes of these By-laws and section 36D of the Traffic Act, as adopted by by-law 3 -

"authorized parking officer" means a member of the Police Force of the Northern Territory or a person employed by the council for the purpose of enforcing these By-laws;

"footpath" means that part of a road vested in the council which has been made or set apart to be used otherwise than for the passage or accommodation of motor vehicles;

"motor vehicle" includes a motor car, motor carriage, motor cycle, motor lorry, motor omnibus, motor tractor or other vehicle propelled wholly or partly by a volatile spirit or by steam, gas, oil or electricity, a bicycle within the meaning of the Traffic Act, an animal drawn vehicle, and a caravan or trailer whether or not attached to any of them, but does not include a vehicle used on a railway;

"municipality" means the municipality of Alice Springs;

"owner", in relation to a motor vehicle, means the person in whose name the motor vehicle is registered under the Motor Vehicles Act, or under a statute of a State or Territory which provides for the registration of motor vehicles, at the time when an offence is committed by reason of the standing of the motor vehicle at that time in a road or in a specified part of a road or in a public place and, subject to these By-laws, such person shall be presumed to be the owner of the motor vehicle;

"park" means to stand a motor vehicle in a road or part of a road or in a public place;

"parking sign" includes:

(a) a parking sign or traffic sign within the meaning of the Traffic Act; or

(b) any other notice, sign or device marked, placed or erected on or at the side of a road or in a public place in the muni-cipality, by authority of the council, for the purpose of regulating traffic or guiding, directing or warning persons in charge of motor vehicles;

"parking space" means a portion of a road or public place which has been marked by authority of the council for the purpose of indicating where a motor vehicle may stand or park;

"public hire car" means a public motor vehicle within the meaning of the Motor Vehicles Act, not being a motor omnibus within the meaning of that Act;

"public place" means any place within the municipality that is open to or used by the public;

"public street" means a road, and where the context permits, a public place;

(2) Where on a parking sign erected, placed or displayed by the council under and for the purposes of these By-laws, there is a reference to a motor vehicle of a particular kind and the words used to describe the motor vehicle do not have a defined meaning in or for the purposes of section 36D of the Traffic Act but are defined in the Motor Vehicles Act, those words shall have the same meaning as they have in the Motor Vehicles Act.

1. STOPPING AND PARKING
   

(1) Section 36D (other than subsection (12A)(b)) of the Traffic Act and regulation 33B of the regulations made under that Act, with the necessary changes and as varied by by-law 2, are adopted and shall apply in the municipality as if they were contained in this by-law.

(2) A person shall not park or stand a motor vehicle -

(a) within 4.5 metres of the property lines at an intersection;

(b) within 4.5 metres of the vehicular entrance to a fire station;

(c) within one metre of a fire hydrant other than a fire hydrant on an omnibus stop, taxi rank or parking area; or

(d) alongside or opposite any street excavation or obstruction when such parking or standing would obstruct traffic.

(3) A person shall not permit a public hire car to stand at any place on a public street other than at a taxi rank except -

(a) while picking up and setting down passengers;

(b) while engaged and waiting under instructions of a passenger, provided that such instructions do not involve the contravention of any regulation prohibiting parking in any specified area or for any specified period; or

(c) by the direction or with the consent of an authorized parking officer.

4. ERECTION, &c., OF PARKING SIGNS

For the purposes of these By-laws, the council may erect, place or display such parking signs as it thinks fit.

5. OFFENCE

(1) A person who contravenes or fails to comply with these By-laws is guilty of a regulatory offence and where, under these By-laws, it is an offence to park or stop a motor vehicle for a period longer than the period indicated on a parking sign or otherwise described under these By-laws, a person who contravenes or fails to comply with these By-laws shall be guilty of a separate regulatory offence for each period indicated or prescribed during which he contravenes or fails to comply with these By-laws.

Penalty: $500.

(2) Subject to this by-law, where an offence is committed by the parking of a motor vehicle, the owner of the motor vehicle shall be deemed to have committed the offence.

(3) For the purpose of proving an offence, evidence that the name of a person -

(a) was shown painted on or affixed to the outside of a motor vehicle; or

(b) purporting to be the name of the owner of a motor vehicle was shown in any manner in or upon the motor vehicle,

is evidence that the person whose name was so shown was at the time it was shown the owner of that motor vehicle.

(4) The owner of a motor vehicle shall not be deemed to have committed an offence if he was not in control of the motor vehicle at the time the offence was committed and -

(a) not later than 14 days after the day on which he is served with a notice of infringement in relation to the offence he furnished to the clerk a statutory declaration in which he states facts which prove to the satisfaction of the clerk that -

(i) some other person was in control of the motor vehicle at the time when the offence was committed and that the name and address of residence of that other person are as set out in the statutory declaration;

(ii) he sold the motor vehicle before the offence was committed and the sale was made on the date specified in the statutory declaration to a person whose name and address are as set out in the statutory declaration and, if the sale was made through an agent, that the name and address of the agent are as set out in the statutory declaration; or

(iii) at the time when the offence was committed he was unable to exercise any control over the motor vehicle because it had been stolen from him or was being used unlaw-fully without his consent; or

(b) he satisfies the court hearing a charge for the offence of the truth of the matters of which he has made a statutory declaration under sub-clause (a).

(5) Where an authorized parking officer finds a motor vehicle so parked that an offence has been committed, the authorized parking officer may -

(a) hand to the owner of the motor vehicle or the person in apparent charge thereof a notice in writing in accordance with clause (6); or

(b) fix such a notice in a conspicuous position on the motor vehicle.

(6) A notice referred to in clause (5) shall -

(a) be identified by a serial number;

(b) be addressed to the person who is the owner of the motor vehicle or the person apparently in charge of it, by his name or, if the authorized parking officer does not know his name, by his designation as the owner of the motor vehicle or person apparently in charge of it identifying the motor vehicle by the number plate affixed to it or, where there is no number plate, by other sufficient description;

(c) describe the motor vehicle which was so parked that an offence was committed and identify it by the number plate affixed to it or, where there is no number plate, by other sufficient description;

(d) allege that the owner of the motor vehicle or the person apparently in charge of it committed an offence at a time, date and place specified in the notice;

(e) state in general terms the nature of the offence alleged to have been committed;

(f) state in general terms that the person to whom it is addressed may elect not to be dealt with in the manner prescribed in subclause (g) but to have the alleged offence prosecuted in a court of summary jurisdiction where he -

(i) desires to contest the question whether the offence alleged was in fact committed;

(ii) desires to submit to such a court any matter in mitigation of penalty; or

(iii) elects for any other reason to have the offence prosecuted in such a court;

(g) state in general terms that the person to whom it is addressed may, if he does not elect to have the offence prosecuted in a court of summary jurisdiction -

(i) complete the form attached to or written on the notice; and

(ii) on or before a date, being a date not less than 14 days after the date on which the notice is given, and within such hours as are specified in the notice, deliver or cause it to be delivered to the clerk or an officer specified in the notice as a person authorized by the clerk to receive the form and sums by way of penalty to-gether with the sum of -

(A) $10 for any offence involving parking or standing a vehicle for longer than the prescribed time; or

(B) $30 for any other offence under these By-laws; and

(h) set out in general terms clause (4).

(7) Where an authorized parking officer informs the clerk that -

(a) a motor vehicle has been so parked that an offence has been committed; and

(b) no notice has been handed to the owner of the motor vehicle or the person in apparent charge thereof or affixed to the motor vehicle in accordance with clause (5),

the clerk may give to the owner of the motor vehicle notice in writing in accordance with clause (6).

(8) Subject to clause (4), where -

(a) in relation to an offence, notice has been given under clause (5) or (7); and

(b) payment of the sum of money by way of penalty that is specified in the notice has not been made in accordance with the notice,

a prosecution for the offence may be commenced upon the complaint of the clerk or a person authorized by him to make such a complaint against the owner of the motor vehicle or any other person alleged to have committed the offence.

(9) The signature of the clerk shall be judicially noticed for the purpose of a prosecution for an offence.

1. REPEAL
   

The Alice Springs (Parking) By-laws (Regulations 1983, No. 4) are repealed.

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The common seal of the Alice Springs Town Council was affixed hereto on the twenty-ninth day of July, 1986 in pursuance of a resolution of the Council authorizing the seal to be so affixed, passed on the twenty-eighth day of July, 1986 in the presence of

LESLIE I. OLDFIELD
Mayor

ROY MITCHELL

Town Clerk

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