Significant Events - Road Widening Reserve Parking Policy Policy Type: Approved By: Approval Date: Review Date: Department: Function: Policy Council 27 March 2006 24 November 2010 Development and Environmental Services 20 - Traffic Decision No: Most Recent Approval: Internal Reference No.: Division: Responsible Officer: 2033, 2008/1313 24 November 2008 Development & Environmental Services Manager, Development & Environmental Services A - PREAMBLE The City of Salisbury and numerous community groups play host to a number of events on an annual basis that could be deemed to be significant events. These events are categorised as ones that attract a large number of people into the locality where the event is held and this creates an extra burden on the local area with regards to traffic and parking. The parking capacity of the locality is often below that of the capacity of the event and as a result parking offences and concerns often arise. An opportunity exists to utilise road widening reserve parking as an option to cater for the influx of traffic and vehicles where the locality supports this option. A policy that helps event organisers and enforcement staff identify allowable areas of compromise with regards to parking issues will ensure that event organisers have a clear understanding of expectations and attendees of the events will be able to access suitable parking opportunities without fear of expiations, and enforcement staff can address those areas which have a significant public safety risk and or create a traffic hazard. B - SCOPE Section 174C of the Road Traffic Act 1961 states: Council may grant exemptions from certain provisions 174C. (1) A council may exempt any person, or any persons of a specified class, or any specified vehicle, or any vehicles of a specified class, from compliance within its area with a prescribed provision of this Act. This provision allows Council to exempt persons or vehicles from compliance with Australian Road Rule 197(1) stopping on a path, dividing strip or nature strip, which states: ARR 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: Page 1 of 3 08/03/2016 (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 the Australian Road Rules; or (b) the driver is permitted to stop under another law of this jurisdiction. Section 174C (2) allows Council to grant this exemption subject to conditions that it seems fit. The road widening reserve comes under the category of nature strip in most circumstances. C – POLICY PURPOSE/OBJECTIVES This Policy has been developed to provide clear guidance and direction to the application of Australian Road Rule 197(1) when persons are parking in proximity to significant events. The policy aims to: help event organisers and enforcement staff identify allowable areas of compromise with regards to parking issues ensure that event organisers have a clear understanding of Council expectations provide attendees of the events with access to suitable parking opportunities without fear of expiations allow enforcement staff to address those areas which have a significant public safety risk and or create a traffic hazard D - DEFINITIONS “Significant Event” means any event organised by Council and or community groups that attracts a large number of people to the locality, and where off street and street parking is not sufficient to cater for attendees. “The Act” means the Road Traffic Act 1961. “Verge area” means an area between a road and adjacent land, but does not include a footpath or shared path. “Developed Verge” means a verge that has been maintained and or developed by the resident and or Council and is maintained and or irrigated. “Road Widening Reserve” means an area between the road and adjacent land but does not include the footpath and or verge area, and is usually provided for the provision of road widening at a future date. “Nature strip” means an area between a road and adjacent land, but does not include a bicycle path, footpath or shared path. (as defined in the Australian Road Rules Dictionary). For the purposes of enforcement of the Act includes the area considered to be a verge and or road widening reserve. E - POLICY STATEMENT 1. Pursuant to Section 174C of the Road Traffic Act 1961, the City of Salisbury will allow parking exemptions for significant events. 2. The authority to approve exemptions under this policy rests with the officer (or officers) identified in Council's Delegations 3. Exemptions will be determined on a case by case basis prior to the holding of a significant event. 4. Any exemption will be limited to a specific time period and location to be determined prior to the significant event and in accordance with Significant Events Road Widening Reserve Parking Standard Operating Procedures. F - SCHEDULES Pursuant to Section 174C of the Road Traffic Act 1961(the Act) the City of Salisbury, hereby exempt the specified vehicles in Schedule 1 from compliance within the City of Salisbury with a prescribed provision of the Act as specified in Schedule 2. The exemption is subject to the conditions specified in Schedule 3. Page 2 of 3 08/03/2016 Schedule 1 Vehicles of the following classes or classes: All passenger vehicles and motorbikes, excluding buses, trucks, and vehicles with trailers attached. Schedule 2 Australian Road Rules 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 the Australian Road Rules; or (b) the driver is permitted to stop under another law of this jurisdiction. Schedule 3 Vehicles can park on road widening reserves subject to the following conditions: 1. 2. 3. 4. 5. 6. 7. 8. Parking on a road widening reserves without a sealed footpath must not restrict the road widening reserve and must provide at least 1 metre clear access along the reserve area. Parking on a road widening reserve with a sealed or paved footpath must not obstruct or impede on the sealed footpath area. No damage is caused to any kerbing, service pit, marker or post, street trees or other vegetation on the road widening reserve and or street. The vehicles do not run over with any of their tyres any service trap or plate situated on the area between the carriageway and the boundary of the street or road. The vehicle cannot park on a developed verge or developed road widening reserve. The vehicle does not obstruct or restrict access to a driveway or property access point. The vehicle and the parking of the vehicle comply in all other respects with the Road Traffic Act and the Australian Road Rules and any other parking legislation. The exemptions are only applicable to areas in close proximity to the “significant event” and have been identified prior to the event by the City of Salisbury staff within the Inspectorial Services Section. G - LEGISLATION 1. 2. Road Traffic Act 1961 Australian Road Rules H - ASSOCIATED PROCEDURES 1. Significant Events Road Widening Reserve Parking Standard Operating Procedure Document Control Document ID Prepared by Release Document Status Issue Date Significant Events - Road Widening Reserve Parking Policy John Darzanos 2.0 Approved 08/03/2016 Page 3 of 3 08/03/2016