On 1 December 2014 the Local Government (Parking for People
with Disabilities) Regulation 2014 ("Regulations")
will repeal and replace the prior regulations Local
Government (Parking for Disabled Persons) Regulation 1988.
The Regulations were amended as part of a national initiative to
try to standardise the regulatory framework and parking provisions
for people with disabilities. The Regulations were gazetted on 10
October 2014 and will come into effect on 1 December 2014.
What areas do the Regulations cover?
The Regulations apply to 'parking facilities' as defined
in clause 1 of Schedule 9.1 of the Local Government Act
1995 (WA), and includes land, buildings, shelters, spaces,
signs, notices, and other facilities for the parking of vehicles by
members of the public, generally, with or without charge.
Under the transitional provisions in the Regulations a portion
of road or parking facility that, immediately before the
commencement of the Regulations, is a parking bay as defined in the
Local Government (Parking for Disabled Persons) Regulation
1988 regulation 2, is to be taken, on and after that
commencement, to be a permit parking area.
The key changes include updating terminology to bring it into
line with the Road Traffic Code 2000 (WA) and Australian
Standards, increased penalties for all offences, and changes in
identification requirements for parking permit areas.
The Regulations uses the term 'people with
disabilities' rather than 'disabled persons' to be
consistent with terms used in the Road Traffic Code 2000
(WA) and Australian Standards.
A new definition of 'disability parking permit'
replaces 'ACROD sticker'. The new permit consists of two
parts and will be issued by the ACROD Parking Program.
From 1 December 2014 all court imposed penalties will increase
from $1,000 to $2,000, and all modified penalties (the 'on the
spot fines') will increase from $120-$140 to $300.
Under regulation 8 of the Regulations a person must not
identify, or purport to identify, a permit parking area without the
written authority of the local government. This is now a prescribed
offence for the purposes of section 9.16(1) of the Local
Government Act 1995 and subject to an infringement notice and
modified penalty. The penalty is $2,000 with a modified penalty of
There are changes to identification requirements for permit
parking areas. The previous regulations required that the words
'Disabled Parking Only' be printed on the ground. A permit
parking area must now be identified by a 'people with
disabilities' symbol as depicted in the Road Traffic Code
2000 (WA) regulation 171(2), marked on the ground within the
limits of the permit parking area so that the symbol has a height
of between 800-1000 mm and a width of no more than 1200 mm.
People with disabilities symbols:
(symbol in blue)
(background in blue)
A permit parking area must also be identified with a parking
control sign (erected on or near the permit parking area) as
depicted in Road Traffic Code 2000 (WA) regulation
Permissive parking signs with a people with disabilities
For an area
For a length of carriageway
(letter and arrow in green background in blue, words in
(letter in green, background in blue, words in
(background in blue)
The Regulations apply as if a local law
The Regulations will apply as if they were a local law of the
local government, and from 1 December 2014 will override any other
local law to the extent of any inconsistency. Local governments may
use the Regulations for enforcement. Those parts of any local law
inconsistent with the Regulations after 1 December 2014 will be
We recommend that each local government review its current local
laws dealing with parking enforcement and where necessary amend its
local laws and internal processes to ensure consistency with the
Regulations. Any changes made to a local law should be timed to
take effect on or after 1 December 2014.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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