Brisbane City Council's yellow line fines spark outrage

A resident says Brisbane City Council painted a yellow line next to their parked car and then fined them twice, but the council is denying any wrongdoing.

Ethel Chan parked her car on Bell Street in Kangaroo Point on February 16, the same way she had done since November 2017.

Google street view showing Bell Street in August 2013 before the yellow line was installed. Credit: Google Maps

At the time, the street had a "no limit" parking sign.

She returned to her car on March 2 to find the council had painted a yellow line on the street, and fined her twice for illegally parking.

The council confirmed it painted the line between February 20 and 25 but said no vehicles were moved to complete the works.

Photo taken by Ethel Chan on February 21 showing white chalk markings behind her parked car.Credit: Ethel Chan

Ms Chan observed white chalk markings around her car on February 21, which suggested the council workers observed her vehicle parked on the street.

“Innocent people can be charged for offences they have never committed and be fined for $252 in total for just not having a look at their car for five days,” Ms Chan wrote in a letter to the council.

“The council pointed out that as a licensed driver, it is your responsibility to observe signage signs and road markings before stopping or parking the vehicle to determine whether restrictions apply,” she said.

“I totally agree with it. Before I stopped and parked my car on Bell Street, I observed all the signage signs and road markings, and there was not any road markings or signs indicating that I cannot park there.”

Ms Chan said she received no notification about the works.

Bell Street at Kangaroo Point with the yellow line and dedicated turn line was installed between February 20 and 25.Credit: Ruth McCosker

When Fairfax Media asked the council what notification it gave residents in the area about the yellow line being painted the council did not respond to that specific question but did confirm the council completed the works.

“Council undertook line marking for a no-parking area along a section of Bell Street, Kangaroo Point at the approach to the Main Street intersection, where parked vehicles were causing safety and congestion issues,” the council spokesman said.

“This work was undertaken between February 20 to 25 and also included the installation of a dedicated left-turn lane from Bell Street onto Main Street.

“The machinery used for painting the no-parking area is around the size of a double-pram and cannot be operated when a vehicle is parked against the kerb.

“No vehicles were moved to carry out these works.”

The "no limit" parking sign on Bell Street. Credit: Ruth McCosker

When the council was asked about how many fines it had issued to residents for parking on yellow lines in Brisbane it said the breakdown of types of illegal parking was “not readily available”.

Ms Chan disputed the fines, but the council has refused to waive them.

"The workers had to move my car so that the workers could use the equipment to paint the yellow line," she said.

"It is unbelievable that no cars were parked there because at least my car was there I know, and that street is within the Gabba area, it was very often that all parking spaces were occupied on that street."

Ms Chan called on the council to withdraw the two infringement tickets instead of sending her two-page letters listing legal rules.

"The general public (without proper legal training) is unlikely to understand the laws relating to their cases and may be misled by the council’s letters," she said.

"The Brisbane City Council, as a part of the executive government, should exercise their powers in accordance with the laws, rather than manipulating the laws."