Question:
“I live in a cull de sac in a gated community. The roads in the gated area are not private and belong to the roads department. The cull de sac has provision for parking for visitors etc.
I have 2 residents who for reasons unknown to me who persist in parking their “excess vehicles” on a permanent basis in the cull de sac. I believe that they have no right to “store” their property in the cull de sac. The only section that appears to have some relevance is the section on “Vehicle left or abandoned in a public place”.
My complaint is about “permanent storage on a public road” rather than abandonment. Is there any legislation that I can refer to that will prevent them from continuing this practice?”
Answer:
The legislation will only apply if the vehicle is left for longer than 7 days. The only other provision that may apply is the No parking rules. If the road is narrower than 5.5 metres you may not park on the street. I do not how wide the road is, but here are the rules for parking. The other option is if part of the vehicles are on the sidewalk it would also be illegal.
Parking of vehicles
Reg 305. (1) No person shall park a vehicle on a public road—
(a) in contravention of any road traffic sign;
(b) in any place referred to in regulation 304;
(c) on the same side as a fire hydrant within an area bounded by the centre-line of the roadway and lines at right angles to such centre-line one and a half metres on either side of the hydrant, if such hydrant is clearly visible to and recognisable as such by drivers of moving vehicles, or if it is indicated by an appropriate road traffic sign;
(d) in any place where the vehicle would obscure any road traffic sign;
(e) in such manner as to encroach upon the sidewalk, if any; or
(f) in such manner as to obstruct any private or public vehicular entrance to such road.
(2) The provisions of subregulation (1)(e) shall not apply to any vehicle, other than a motor vehicle, while it is being used in carrying on the business of street vendor, pedlar or hawker, unless it exceeds such maximum weight, height, length or mass as may be prescribed in these regulations.
(3) No person shall park a vehicle on any portion of the roadway (excluding the shoulders) of a public road outside an urban area or with any part of such vehicle within one metre of the edge of such roadway except in a parking place demarcated by an appropriate road traffic sign.
(4) No person shall park a vehicle on the roadway of a public road within an urban area—
(a) within nine metres of the side from which he or she approaches a pedestrian crossing demarcated by appropriate road traffic signs, unless such parking is permitted by appropriate road traffic signs;
(b) within five metres of any intersection unless such parking is permitted by a road traffic sign;
(c) upon or over the actuating mechanism of a traffic signal;
(d) (i) with the outside of any left hand wheel thereof more than 450 millimetres within the roadway; or
(ii) where the public road concerned is restricted to vehicles moving in one direction and the vehicle is parked on the side of the roadway, with the outside of any right hand wheel thereof more than 450 millimetres within the roadway, unless such parking is permitted by an appropriate road traffic sign; or
(e) which is less than five and a half metres wide unless the public road concerned is restricted to vehicles moving in one direction and such parking is permitted by appropriate road traffic signs.
(5) No person shall park a motor vehicle on a traffic island or in a pedestrian mall or pedestrian lane.
(6) Whenever a vehicle has been parked in contravention of any provision of the Act or any by law made under the Act, or in contravention of or in disregard of the directions of any road traffic sign or notice board as prescribed in these regulations, such vehicle may be removed or caused to be removed and impounded by a traffic officer, and unless the vehicle has been so parked in the course of a theft thereof, the owner shall bear the costs of such removal and impoundment.
(7) No person other than the disabled person shall park a motor vehicle on a parking bay reserved for disabled persons.
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