Many drivers are being caught by little-known NSW Road Rule 198, which makes it illegal to park in front of your own garage.
NSW Road Rule 198 concerns blocking a footpath
Under NSW Road Rule 198, motorists have been fined $283 if their car blocks or partially blocks a footpath, even when it is parked in front of the driver's own driveway or garage. The fine rises to $362 if this takes place in a school zone.
The law says the maximum fine for parking on footpaths is 20 penalty units. In NSW this is 20 times $110 – a staggering $2,200. And there is nothing to stop parking inspectors coming back day after day to continue fining the vehicle owner.
Many car owners in the suburbs are parking in front of their garage, often because their big new SUV doesn't fit inside an older-style garage.
Many people use their garage as a storage space, workshop, gymnasium or hobby room, and so they park in front of the roller door.
But many NSW councils are cracking down, using Road Rule 198 in the NSW Road Rules 2014, which say a driver is not permitted to stop on or across a driveway unless they are dropping off or picking up passengers. They are not allowed to leave the vehicle, and can't stop for longer than two minutes.
Keeping footpaths clear for pedestrians, wheelchairs and prams
Road Rule 197 says you can't stop on a bicycle path, footpath or nature strip unless a sign says you can.
The reason is that footpaths must be kept clear for pedestrians. However, some owners are being fined when just a small portion of their vehicle is on the footpath.
Motorists have complained a fine was issued when just the front wheels were on the footpath, leaving pedestrians plenty of room to pass. (Please see Sydney woman fined $283 for breaking surprising road rule, Drive, 28 April 2023.)
People may find it worth challenging the fine if they have left more than enough room on the footpath for pedestrians, wheelchairs and prams to get by. If you wish to challenge the fine, make sure you get photographs of the parking to prove that your vehicle has left adequate space for pedestrians to pass.
Proportion of blocked footpath to be considered an "obstruction" not defined
Road Rule 198 does not define how much of the available space on the footpath has to be blocked before it is "obstructing access to and from a footpath or driveway."
The law only states that a footpath is "an area open to the public that is designated for, or has as one of its main uses, use by pedestrians."
The enforcement of this rule may sometimes be more of a revenue raiser for councils than something that solves problems for pedestrians. Such fines force even more drivers to find parking spots on already crowded suburban streets.
Other obscure road rules catching out drivers
Another contentious reason for being fined is moving more than three metres away from your car while it is not locked. Police can issue on-the-spot fines of $114 for leaving an unlocked vehicle. This could even apply while you are parked in your own driveway, or while you go to pay for petrol at a service station.
Eating or drinking while driving can land you a fine of $448 and a loss of three demerit points. While eating and drinking isn't specifically forbidden under the rules, Rule 297 states that a driver must not drive the vehicle unless the driver has proper control of the vehicle.
Christopher Morris
Traffic law
Stacks Collins Thompson
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