VIC Right to Stop in No Stopping area

[Romas]

Dear Forum members,


I'm feeling quite stupid to ask for help regarding basics, but I am bit lost.

No Stopping Sign: you are allowed to stop contra to this regulation if need to obey other Road Rules

I remember seeing it few years ago while reading Australian road rules/principles online, but I can't find it...

I have stopped in this sign area (street is dead end with no traffic) waiting to turn to residential building car park lift. Building gate taffic lights was Red and one car was waiting. So I waited also and infringement notice was waiting for me too

Now, the council review Officer ridiculed me in the letter saying No Stopping AT ALL

I'm asking council to reconsider and for sure gonna be Magistrates.

I hope someone Could advise me where to look? Or am I silly European..

Thank you

 

[Rob Legat - SBPL]

I think you might have a valid excuse, but this is based on only a very quick look at the Road Safety Road Rules 2017. Section 165 provides:

"165 Stopping in an emergency etc. or to comply with another rule

It is a defence to the prosecution of a driver for an offence against a provision of this Part if -
...
(e) the driver stops at a particular place, or in a particular way, to comply with another provision of these Rules or a provision of another law, and the driver stops for no longer than is necessary to comply with the other provision."

The No Stopping signs provision is in the same Part (12).

I'm not sure where it is, but you sound like you were complying with other rules and stopping for no longer than was necessary.

 

[Romas]

Hi Rob!

Thank you very much!!! That's what I was looking for

I think il skip asking Reassessment Officer to look into it and go Court.

As I have only European experiences in administrative courts, am I able to ask Council representative to be at Court, ask them questions and scrutinise their actions? Or it's just "technical" hearing?

Council needs to do some explanation why they missuse No Stopping sign where, I assume, drivers would stop waiting for bloody car lift.

;-)

P.S. on my way to book store for Road Rules hard copy

 

[Rob Legat - SBPL]

I'd be going back to the Council first, pointing out the issue and asking them to reassess it. A court will likely expect you to do so.

If it did get to court, they would need to prove their case and you could respond. I doubt you'd get an opportunity to cross-examine.

 

[Romas]

Thank you! il update later on my final result

 

[Clancy]

This is a dead end road with no traffic and their going to enforce a no stopping sign?? This is yet another example of authorities enforcing rules for the rules sake alone.... and the original purpose of the rule, why it was invented in the first place, is nowhere to be seen. i am angry with authorities in general in this country, am so over this sh-it.

 

[Romas]

Yes, indeed.
Lucky I'm working only part time so have time "to waste". On the other hand it's kinda useful as I learn new stuff. I have written to Stonnington Council regarding "possible misuse of No Stopping sign" and asking what options I have if their answer will be not satisfactory and sign not removed. Politely asked can who can overturn their decision as I'm not leaving this issue.