Sisters in Law: What are the parking laws when there is no restrictions on a street?

A NSW man is worried cops won’t have the power to help after dealing with vehicles abandoned on the street for weeks at a time.

Welcome to Sisters In Law, news.com.au’s weekly column solving all of your legal problems.

This week, lawyers and real-life sisters Alison and Jillian Barrett from Maurice Blackburn advise on how to tackle vehicles and boats left for months on end in a NSW street with no parking restrictions.

Question:

I live on a street that doesn’t have any parking restrictions on one side of the road and so many people leave their boats, trailers and campervans parked there – for weeks, months, and even years at a time!

I’ve asked around the neighbours and no one in the community knows who owns them so I can only presume outsiders are making the most of the lack of parking restrictions and leaving them there.

What can I do about this? When I have visitors they have nowhere to park because of all the boats and trailers! – Devon, NSW

He asked around the neighbours and no one in the community knows who owns them. Picture: iStock

Answer:

We understand this would be very frustrating Devon.

From your question, it’s not clear what the size of the boats, vehicles and trailers are that have parked on your street, but if they are heavy or long vehicles, then you can make a report to police.

Generally speaking, in NSW heavy vehicles (with a gross vehicle mass of more than 4.5 tonnes) and long vehicles (7.5 metres or more in length) are not permitted to stop on a road in a built-up area for more than 1 hour. A person can be fined up to $2200 if they don’t comply with this.

If the vehicles and trailers are not registered and have been parked on the street for more than 15 days, police can seize the number plates and fine the owner. Police or your local council may even tow the vehicle to another location. You can do a registration search via the Service NSW website.

If the vehicles and trailers are not registered and have been parked on the street for more than 15 days, police can seize the number plates and fine the owner. Picture: iStock

If you think these vehicles have been abandoned then you can report them to Police Link or your local council. You’ll need to provide them with the exact location, details of the vehicle (such as make, model and colour), and the registration plate number.

Predominantly, local councils deal with parking restrictions on roads, and each local council will have different laws about this.

Wollongong City Council, for example, has no restrictions on caravans, motorhomes and boat trailers parking on streets, provided they are registered and are not heavy vehicles or long vehicles.

Local councils deal with parking restrictions on roads. Picture: iStock

Whereas Hornsby Shire Council has laws allowing boat trailers to be impounded if they are parked on a road for more than 28 days.

In November 2021, a new law passed the NSW parliament that will – once it is in effect – give councils and police more powers and penalties around unattended property left in public places, such as streets. This includes on-the-spot fines, higher court penalties, rapid seizure action and enforcement orders.

Parked caravan

In the meantime, you can lobby your local council to introduce parking restrictions on your street, for example limiting the permitted time to 2-4 hours during the day – and unlimited overnight – unless a resident parking permit is displayed.

This legal information is general in nature and should not be regarded as specific legal advice or relied upon. Persons requiring particular legal advice should consult a solicitor.

If you have a legal question you would like Alison and Jillian to answer, please email [e-mail]

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