City asks State to review parking fines on footpaths, but Theodore MP Mark Boothman says legislation already there
A Gold Coast MP has questioned why council is writing to the state to get parking rules relaxed – claiming legislation not only allows them to do so, but councils including Logan already take advantage. Watch the video of how Logan do it.
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A Gold Coast MP says council does not need to ask the Government to reform parking laws because local government have the powers to remove fines for parking cars on a footpaths.
But Gold Coast Council is sticking to its guns and insisting the state government needs to intervene.
Theodore MP Mark Boothman told the Bulletin council could make its own law, citing how Logan City Council has made it legal for “two wheels on and two wheels down” on footpaths.
Logan City has even produced a video urging residents to use the parking manoeuvre for streets less than six metres wide.
Gold Coast City councillors earlier this week voted for Mayor Tom Tate to write to the Transport Minister asking for a review of state laws on parking on verges. A spokesperson said council lacked the powers to make the changes.
The move was sparked by a petition from residents of Greenwich Court in Robina who have been warned by council for parking in driveways.
Residents say their “driveways are too short” for the latest cars and their less-than-6m wide street “too narrow” to park on without putting two wheels on the grass.
The Bulletin has also run a series of stories about residents copping fines from council for parking with two wheels up in narrow suburban streets.
Mr Boothman has entered the debate, producing details of the Transport Operations Road Use Management laws which consider “local government functions”.
The Queensland legislation says council can exercise powers on vehicles on shared paths, and those laws do not have to be consistent with the State’s legal position.
“Road safety is first and foremost the most important consideration when it comes to State and local government regulations around parking,” Mr Boothman said.
“Predominantly, parking is a local government matter and there are regulations allowing for local governments to tailor their approach to parking as they see fit.
“If a local government wishes to take an approach that differs from the State Government regulations, this can be done either by installing parking signs, or making a local law – both of these approaches will supersede the Queensland Road Rules in relation to parking, as other councils in South East Queensland have already done.”
Mr Boothman’s comments were echoed by Transport Minister Brent Mickelberg.
However the City is standing by its position that it needs help from the Government and cannot change the laws.
“The City Administration has received legal advice on this matter as well as advice from the previous State Government,” a spokesperson said.
The advice was legislation does not permit Local Governments to create local laws that undermine the road rules in response to these issues.
“The Committee recommendation to write to the State is for the purposes of seeking clarity on these matters,” the spokesperson said.
All councillors are expected to vote at full council and back the move for the Mayor to write to Mr Mickelberg.
A spokesperson for the mayor on the letter said: “It will be done in quick order”.
The city issues parking fines but the overall rules governing them are set by the State.
Parking with two wheels on nature strips currently incurs a fine of $201.
Future changes could see a “two wheels up and two wheels down” be allowed in streets less than six metres wide. Parking with two wheels on nature strips currently incurs a fine of $201.
PREVIOUSLY: RESIDENTS OF ROBINA STREET SPEAK OUT
Mayor Tom Tate is to put pressure on the state government to reform its parking laws following an outpouring of anger from motorists fined for parking on their own driveways.
Councillors at a transport committee meeting on Tuesday unanimously voted to ask Mr Tate to write to Transport Minister Brent Mickelberg about reviewing State rules impacting on residents living in narrow suburban streets.
Future changes could see a “two wheels up and two wheels down” be allowed in streets less than six metres wide.
All councillors are expected to vote and back the move at the next full council meeting, with a spokesperson for the mayor on the letter saying: “It will be done in quick order”.
The City issues parking fines but the rules governing them are set by the state government. Parking with two wheels on nature strips currently incurs a fine of $201.
The push for reforms follows a series of stories in the Gold Coast Bulletin about motorists copping fines for parking with two wheels up, and a petition by residents of Greenwich Court in Robina who have received warnings for parking in driveways.
Residents say their “driveways are too short” for the latest cars and their less than six metres wide street “too narrow” to park on without putting two wheels on the grass.
Carers for resident Meegan Finn, who uses a wheelchair, said it was safest for them to park in the driveway when picking her up.
Her sister-in-law Tammy Finn said: “Meegan being in a wheelchair, you could imagine, you need good visibility to get across the road. There’s narrow streets to going to the (Newlife) Church, where there’s hundreds of people visiting.”
Robina councillor Dan Doran said the suburb had many narrow streets and parking fines were a major issue.
“There’s a lot of concern from residents about these fines. They feel they are doing the right thing (by parking two wheels up),” he said.
Southport councillor Brooke Patterson said it did not make sense to apply the laws on small suburban streets.
The transport committee meeting heard almost 17,000 complaints had been made to council about parking fines last year, with a growing number from residents being pinged for parking on their driveways.
Latest council parking data reveals:
* A total of 178,442 illegal parking infringements were issued in 2024 with about 1.1 per cent (2072) for parking illegally on or across a driveway.
* The City issued 4976 warnings for illegal parking with approximately 3.5 per cent (175) issued for parking illegally on or across a driveway.
* Officers impounded 27 vehicles for parking illegally across a driveway.
* A total of 25,592 parking appeals received for infringements issued, with approximately 3.1 per cent (807) relating to infringements issued for illegal parking on or across driveways.
* About 16,827 parking complaints were received by the City with approximately 10 per cent (1,716) relating to reports of illegal parking on or across a driveway.
Southport councillor Brooke Patterson said it did not make sense to apply the laws on small suburban streets.
Deputy Mayor Donna Gates gained the support of all councillors for Mayor Tate to write to the Transport Minister calling on the Government to review laws on driver setback breaches.
The Government could consider the option of “two wheels up and two wheels down” on footpaths in streets less than six metres wide.
“This is an issue in all newer areas across the City. It’s not our legislation,” Ms Gates said, adding council was trying to address it.
LNP MP for Theodore Mark Boothman has previously also spoken out about the issue, warning emergency services vehicles could struggle to access narrow suburban streets if people did not park with two wheels up on verges.
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Originally published as City asks State to review parking fines on footpaths, but Theodore MP Mark Boothman says legislation already there