[NSW] Loading Zone Fine during Goods Delivery, with a Station Wagon - Go to Court?

tekisei on 01/12/2022 - 14:57
Last edited 04/12/2022 - 23:31 by 1 other user

Hello all, it's time for the next episode of Parking Disasters, with expert consultancy by OzBargain.

So my mum's been written up for parking in a loading zone during delivery of goods (she runs a small business). She has the signed and dated invoice for the delivery on that date. The vehicle is a station wagon (personal rego though) which she has been using for over a decade to make deliveries. It's an old Subaru Outback, back when they looked like a wagon version of the Liberty, and not a SUV. No other restriction on the sign other than it's a generic loading zone. Ticket is written for a WAG, and her rego is listed as WAG as well.

We tried to get a review from Revenue NSW with the following reasons:

  1. Official NSW Government website run by RMS states "A driver may park in a loading zone if they are driving a vehicle that has been built to carry goods and they are engaged in picking up or dropping off goods" and "A goods vehicle is defined as a vehicle constructed principally for the conveyance of goods. Types of goods vehicles include trucks, delivery vans and station wagons being used for goods delivery.".

  2. There was a change in the law in 2021, but it seems to read substantially the same as before:
    NSW Legislation - Road Rules 2014 (version 01.09.2021) NEW
    A driver must not stop in a loading zone unless the driver is driving… [iii] a motor vehicle constructed principally for the conveyance of goods.
    NSW Legislation - Road Rules 2014 (version 02.01.2021) OLD
    A driver must not stop in a loading zone unless the driver is driving… [ii] a station wagon or a motor bike that has 3 wheels and is constructed principally for the conveyance of goods, [or, iii] a motor vehicle constructed principally for the conveyance of goods (other than a vehicle referred to in subparagraph (ii)).

But it got rejected and Revenue think they are correctly applying the fine - their primary reason being that the station wagon is not a goods vehicle, which contradicts #1.

Do you all think it's worth it to go to court or not? Have no experience with court, but if winning is possible then my mum could continue to use the wagon for delivery. On the other hand I think a guilty finding/plea is $85 in court fees.

  • The law itself does not define goods vehicle. Well, it does, but it's not specific: "goods vehicle means a vehicle constructed principally for the conveyance of goods."

  • Just also found NSW Legislation - Road Transport (Vehicle Registration) Regulation 2017
    "station wagon means a motor vehicle— (e) that, when the seat or seats immediately to the rear of the front seat or seats are in position for the accommodation of persons, has a substantial space for the carriage of goods in proportion to the overall size of the interior of the vehicle."

Update 4th Dec: Thanks all for the variety of viewpoints to consider. We have talked it over and will try to ask for a second review. Hopefully it goes well!

Poll Options expired

  • 8
    Just pay the fine
  • 48
    Go to court (not guilty)
  • 3
    Go to court (guilty, but plead for lenience)
  • 0
    Other
Automotive Car Parking Fine Subaru

Comments

  • CrowReally on 01/12/2022 - 15:05

    They're not going to like "So my SUV is basically the same as a transit van" definition, but I guess you might as well try.
    If the boot space wasn't at least 50% of the car's volume I wouldn't hold out much hope. If you have a massive boot, have a picture of that for when you front up to court in case this sort of discussion comes up.
    GLHF

  • MS Paint on 01/12/2022 - 15:06
    +1

    "goods vehicle means a vehicle constructed principally for the conveyance of goods."

    That's not a passenger station wagon. It's constructed principally for self loading freight.

    • parsimonious one on 02/12/2022 - 22:32

      This!

      A Subaru outback is not “designed to carry goods” anymore than any other SUV

      I suspect this isn’t the OPs first time parking in a loading zone either

  • Baysew on 01/12/2022 - 15:14

    How much is the fine? Was it a council or police fine?

  • GG57 on 01/12/2022 - 15:27
    +1

    No signage on the vehicle? That might have helped.
    How long was it parked there for?

    • Porker on 01/12/2022 - 15:32
      +2

      ^^ This. Consider signage or wording 'Courier' for future. Might not mean you're compliant with the road rules, but likely less chance of being infringed, possibly.

      Doubt you'll win in court even if you can justify you were making a business delivery, as the vehicle is not identifiable as commercial or courier.

      • Trance N Dance on 01/12/2022 - 15:46

        Vehicle doesn't need to identify as commercial or courier to park in a loading zone. It just needs to meet the conditions listed in the legislation/road rules, which seems like the NSW government has recently closed the station wagon definition loophole that's been abused by SUVs.

    • tekisei on 01/12/2022 - 16:06

      8 minutes, well within the 30 minutes allowed in the new legislation.

      Unfortunately no signage.

  • mintygirl on 01/12/2022 - 15:47
    +5

    This happened to my mum many years ago, had a little mazda 121 that they drove to and from their takeaway, we'd load it up with soft drinks and veggies bought from coles/woolies to load out of the car when we got to the shop. out of 10yrs there, she got fined once. She decided to go to court with her broken english, to argue that not every small business owner can afford a van or a ute or a truck. She won. :)

    • Trance N Dance on 01/12/2022 - 15:53
      +4

      Spirit of the law, not the letter of the law! Nice judge.

      • mintygirl on 02/12/2022 - 11:45
        +1

        yeah, i thought she was so brave, the interpreter from the court was shat. kept telling her to admit fault and just pay the fine, she was determined to argue it, thankfully the judge agreed.

  • GordonD on 01/12/2022 - 15:51

    There may have been a time when station wagons were bought principally for the conveyance of goods. That is not the case these days. These days there are vehicles built principally for the conveyance of goods, and there are station wagons that are built principally for the conveyance of passengers but have room for goods in the back. Whether I agree with parking enforcement officials on that is irrelevant, it is the accepted situation these days. These days if you are a business and you want to carry goods you buy a vehicle built for that purpose. There are plenty of them.

    Perhaps if the station wagon was actually registered and insured as a business vehicle there might be a case to argue, but it isn't, so you'd likely lose in court.

  • pegaxs on 01/12/2022 - 16:22
    +1

    Yeah, I wouldn’t go to court and plead “not guilty.” This will mean it is set down for a trial and will be a slam dunk for the prosecutor. You would only plead not guilty here if you were interstate and the photo they have is of a red sedan and you own a green station wagon.

    Plead guilty (she was parked there after all) and just state what you have outlined above (road rule/RMS said station wagon was ok). Show that she has a small business and show the invoice for the address close by and maybe even get a witness statement from who she was delivering to.

    Most magistrates are pretty good with this sort of thing so long as she doesn’t have a history of traffic infringements or parking fines.

  • payless69 on 01/12/2022 - 18:27
    +2

    In QLD:
    track down the officier: hand over folded cash
    all fine!

  • Tomcruise on 01/12/2022 - 22:44

    Send in a second review. Aak for it to be reviewed by an Escalations officer. Include the legislation about that constitutes a Station Wagon and that the Liberty is the sedan equivalent etc. I dare say RMS has your vehicle listed as an SUV.

    • pegaxs on 01/12/2022 - 23:01

      The vehicle shape code in NSW for an SUV is usually “WAG” or sometimes may be something like “PVS”.

  • ValueInvesting on 02/12/2022 - 10:07

    But it got rejected and Revenue think they are correctly applying the fine - their primary reason being that the station wagon is not a goods vehicle, which contradicts #1.

    Unfortunately #1 (the RMS website) is not the law so whatever it says doesn't really help you.

    It's a gamble to contest it so your mum is better off paying the $200 and moving on. And not parking in a loading zone unless she's using a delivery vehicle like a HiAce/Transporter etc.

  • Euphemistic on 02/12/2022 - 15:54

    I think its probably worth going to court. Argue that: A little over a year ago it was legal. I was not aware of any change to this law and won’t do it again. There has been no advertising I’m aware of related to the change.

    I wasn’t aware of this change, despite trying to keep up with what laws I’m breaking at any time.

  • bargaino on 03/12/2022 - 12:05

    Do you all think it's worth it to go to court or not?

    It depends on your mum.
    Some people would fight it on principal, no matter how small the fine. Others say its not worth the stress.

  • ShannonN on 03/12/2022 - 22:19

    Can your mum afford the time loss of wages possible court costs etc etc etc to fight a 200 fine?

    Might cost more in the long run. I'd send stat dec to offer explanation together with piccy of wagon and loading zone signage together with your legalese interpretations from RMS asking for another review and ask them for a clear interpretation at law of the loading zone and vehicle requirements. They may just say to much paperwork/hard work and flip

  • jrowls on 08/12/2022 - 21:11

    can't offer you any help but just wanted to share my annoyance at this matter. i parked in a loading zone outside the (suburban, mind you) music shop i was working casually for (doing musical instrument deliveries) for literally 5 minutes to run up and grab a bunch of instruments and put them in the car.

    i was wearing a hi-vis and obviously working. my car was a honda jazz literally stuffed full of instruments (i had two tubas in the front passenger seat and a trombone on the dash ffs). for anyone not familiar with the jazz, i swear to god the cargo area (with the seats down) can fit more stuff than basically anything that isn't a full sized van.

    anyway, i copped a fine and there went the day's wages.

    the moral of the story is: you shouldn't be fined for it, but if you are, you should be able to provide a stat dec or something from your boss to get you out of it.

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