Benalla Rural City enforces the state-wide Road Safety Road Rules 2017 for safe and orderly road use. Key regulations include the following:

Disabled Parking

Road Rule 203

A disabled parking bay can only be used by a vehicle displaying a current blue-on-white disabled parking permit.

Double Parking

Road Rule 189

Double Parking is a traffic offence and is subject to fines.

A driver must not stop on a road –
          a) if the road is a two-way road—between the centre of the road and another vehicle that is parked at the side of the road; or                        
          b) if the road is a one-way road—between the far side of the road and another vehicle that is parked at the side of the road.

Loading Zones

Road Rule 179

Stopping in a loading zone is a traffic offence. You can’t stop in a loading zone even if it’s just for a moment.

You can only park in a Loading Zone if you are driving either:

• A truck or a G-classified goods van
• A public bus or taxi
• A courier or delivery vehicle permanently marked with a company name or courier sign at least 5cm high* and must be displayed on both sides of the vehicle, actually loading or delivering goods.
• A vehicle primarily designed for the carriage of goods that is actually loading or delivering goods.

*Note – magnetic signs or signs on windscreens or roof racks are not acceptable

No Stopping

Stopping in a ‘No Stopping’ zone is a traffic offence. No stopping means no stopping at all, not even just pulling up for a moment.

Parallel parking

The following rules apply in all cases, except in a median strip parking area:

• You must park in the direction of travel, as close to the left side of the road as possible (or either side of a one-way road)
• If there are no defined parking bays, you need to leave at least a metre of space between you and the cars in front and behind
• If you are parking alongside a continuous dividing line or parking strip, you must leave at least three metres between your vehicle and the line or strip – unless otherwise indicated
• When there is no continuous dividing line or parking strip, you still need to leave three metres for other vehicles to be able to pass
• Be reasonable – don’t obstruct other vehicles or pedestrians

Parking on the Nature Strip

It is an offence to park on any nature strip, including the one at the front of your house.

The Road Safety Road Rules 2017 clearly outlines the conditions of use for Stopping on a Path, Dividing Strip or Nature Strip.

Heavy Vehicles – Stopping on Roads

Drivers of heavy vehicles are subject to rules about where they can stop.

The Road Safety Road Rules 2017 outline these regulations in Road Rule 200.

Stopping on roads—heavy and long vehicles

1. The driver of a heavy vehicle, or long vehicle, must not stop on a length of road that is not in a built-up area, except on the shoulder of the road, unless the length of road is an emergency stopping lane and the driver is permitted to stop in it under rule 178.

Penalty: 3 penalty units.

Note: Built-up area is defined in the dictionary, and shoulder is defined in rule 12.

1. The driver of a heavy vehicle, or long vehicle, must not stop on a length of road in a built-up area for longer than 1 hour, unless the information on or with a traffic control device specifically permits the driver of a heavy vehicle, or long vehicle, to stop on the length of road for longer than 1 hour, or is permitted to do so under subrule (2A) or by the Council.

Penalty: 3 penalty units.

Note: Council, traffic control device and with are defined in the dictionary.

          (2A) The driver of a heavy vehicle, or long vehicle, other than a bus, is permitted to stop on a length of road in a built-up area for longer than 1 hour if, throughout the period when the vehicle is stopped on the length of road, the driver is engaged in dropping off, or picking up, goods.    

1. In this rule— “heavy vehicle” means a vehicle with a GVM of 4·5 tonnes or more; “long vehicle” means a vehicle that, together with any load or projection, is 7·5 metres long, or longer; “road” does not include a road related area, but includes any shoulder of the road.

Notes:
1. GVM is defined in the Road Safety Act 1986, road related area is defined in rule 13 and shoulder is defined in rule 12.
2. “Vehicle” includes a combination—see rule 15(2)(a)(ii).

Appealing an Infringement

Should you receive a fine, you have the right to request an internal review if there are valid grounds. Contact Council on 03 5760 2600 to discuss.

Internal review of your infringement

Council will send you an infringement notice. If you feel that there are extenuating circumstances that impacted your ability to comply with the law, write to us explaining your reasons.

All infringement appeals must be in writing. When explaining your situation to the Council, ensure you include any supporting evidence you have – If you don’t include supporting evidence, you may be asked to do so which will delay your appeal response.

Council is required to investigate all appeals. All appeals are conducted using the guidelines contained in Infringement Act. These are listed in the Internal Review of a Penalty Notice template(PDF, 121KB) . We verify the evidence supplied and witness statements.

The Infringement Act only allows one appeal per infringement and you must be notified of the decision in writing within 90 days of submitting your appeal (unless further information is requested).

Defences listed in the Road Rules

Road Rule 165 of the Road Safety Road Rules 2017 allows for specific defences however when appealing an infringement you must appeal on the following grounds:

• Was the infringement issued in error?
• Was the infringement issued contrary to law?
• Was the infringement issued to the wrong person?
• Do special circumstances apply?
• To exception circumstances apply?

When using any defence, you will need to provide supporting evidence. Some examples include:

• A full description of the situation including a sworn statement from any witnesses
• A sketch or photograph of the scene
• Receipts from a towing company, mechanic or the RACV showing dates and times
• A medical certificate or evidence of some other emergency

Defences that may not be considered

Some defences may not be considered as a defence against an infringement. Some examples include:

• Running late, including being held up in an appointment
• Not seeing relevant signs displayed
• Forgetting to display applicable parking permits
• Inability to pay (some circumstances may be considered
• Not knowing or understanding the specific road rule

The decision making process

1. Appeal – All internal reviews of parking infringements are processed as required by the Infringement Act and the Department of Justice guidelines.
2. Magistrates Court – If a person is not happy with the decision made by Council, they may elect to have their case heard and determined in the Magistrates Court.