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The Local Government Act 1995 empowers all Local Governments to create laws relating to parking within their District.
Parking with the Shire of Kalamunda is governed by the Shire of Kalamunda, Parking and Parking Facilities Local Laws.
These laws were introduced to the Shire of the 19th September 2001.
“Authorised Person” means a person authorized by the local government under section 9.10 of the Local Government Act 1995, to perform any of the functions of an Authorized Person under this Local Law
“Carriageway” means a portion of thoroughfare that is improved, designed or ordinarily used for vehicles and includes the shoulders and areas including embayments at the side or centre of the carriageway, used for the parking of vehicles; and where a thoroughfare has two or more of those portions divided by a median strip, the expression means each of those portions, separately.
“Commercial vehicle” means a motor vehicle constructed for the conveyance of goods or merchandise, or for the conveyance of materials used in any trade, business, industry or work whatsoever, other than a motor vehicle for the conveyance of passengers, and includes any motor vehicle that is designed primarily for the carriage of persons, but which has been fitted or adapted for the conveyance of the goods, merchandise or materials referred to, and is in fact used for that purpose.
“Driver” means any person driving or in control of a vehicle.
“Footpath” includes every footpath, pedestrian access way or other place;
a) Intended for the use of pedestrians only, or in the case of a dual use path, for the use of pedestrians and bicyclists on, or
b) Habitually used by pedestrians and not by vehicles or, in the case of a dual use path, by pedestrians and bicyclists and not by vehicles other than bicycles.
“Median Strip” has the meaning given to it as stated in the Road Traffic Act.
“Park” in relation to a vehicle, means to permit a vehicle, whether occupied or not by any person, to remain stationery for any period of time except for the purpose of –
a) Avoiding conflict with other traffic; or
b) Complying with the provisions of any law when the vehicle is being driven.
“Pedestrian crossing” the meaning given to it as stated in the Road Traffic Act.
“Reserve” means any land
a) Which belongs to the local government;
b) Of which the local government is the management body under the Land Administration Act 1997; or
c) Which is “otherwise unvested facility” within section 3.53 of the Local Government Act 1995.
“Thoroughfare” Means a road or other thoroughfare and includes structures or other things appurtenant to the thoroughfare that are within its limits, and nothing is prevented from being a thoroughfare only because it is not open at each end (Local Government Act 1995)
“Trailer” means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle, or side car.
“Vehicle” includes every conveyance not being a train, vessel or aircraft, and every object capable of being propelled or drawn on wheels by any means.
“Verge” means the portion of a thoroughfare which lies between the boundary of a carriageway and the adjacent property line but does not include a footpath.
The information enclosed within the pamphlet offers advice only and features relevant, but not all, sections contained within the Shire of Kalamunda’s Parking and Parking Facilities Local Laws.
Further information may be obtained by contacting the Shire of Kalamunda’s Ranger Services on 9257 9999.
Parking of Commercial Vehicles
Parking a commercial vehicle on any verge within the Shire of Kalamunda
A person shall not stop a commercial vehicle or bus, or a trailer or caravan unattached to a motor vehicle; or
stop a vehicle during any period when the stopping of vehicles on that verge is prohibited by a sign adjacent and referable to that verge, so that any portion of it is on a verge.
The above mentioned does not apply to a commercial vehicle when it is being loaded or unloaded with reasonable expedition with goods, merchandise or materials collected from or delivered to the premises adjacent to the portion of the verge on which the commercial vehicle is parked, provided no obstruction is caused to the passage of any vehicle or person using a carriageway or a footpath.
A commercial vehicle is not permitted to be parked on the verge where the occupier of the land has approval to park that commercial vehicle on that property to which the verge abuts.
Parking a long heavy vehicle on any carriageway within the Shire of Kalamunda
A person shall not park a vehicle or any combination of vehicles that, together with any projection on, or load carried by, the vehicle or combination of vehicles, is 7.5 metres or more in length or exceeds a Gross Vehicle Mass (GVM) of 3.5 tonnes -
a) on a carriageway in a built-up area, for any period exceeding one hour, unless engaged in the picking up or setting down of goods; or
b) on a carriageway outside a built-up area, except on the shoulder of the carriageway, or in a truck bay or other area set aside for the parking of goods vehicles.
Nothing in this clause mitigates the limitations or conditions imposed by any other clause or by any local law or traffic sign relating to the parking or stopping of vehicles.
General prohibitions on parking
A person shall not park a vehicle so that any portion of the vehicle is
a) Between any other stationary vehicles and the centre of the carriageway;
b) On or adjacent to a median strip;
c) Obstructing a right of way, private drive or carriageway or so close as to deny a vehicle reasonable access to or egress from the right of way, private drive or carriage way;
d) Alongside or opposite any excavation, works, hoarding, scaffolding or obstruction on the carriageway, if the vehicle would obstruct traffic;
e) On or within 9 metres of any portion of a carriageway bounded by a traffic island;
f) On any footpath or pedestrian crossing;
g) On a bridge or other elevated structure or within a tunnel or underpass;
h) Between the boundaries of a carriageway and any double longitudinal line consisting of two continuous lines or between a double longitudinal line consisting of a continuous line and a broken or dotted line and the boundary of a carriageway nearer to the continuous line, unless there is a distance of at least 3 metres clear between the vehicle and the double longitudinal line;
i) On an intersection, except adjacent to a carriageway boundary that is not broken by an intersecting carriageway;
j) Within 1 metre of a fire hydrant or fire plug, or of any sign or mark indicating the existence of a fire hydrant or fire plug;
k) Within 3 metres of a public letter pillar box, unless the vehicle is being used for the purposes of collecting postal articles from the pillar box; or
l) Within 6 metres of the nearer property line of any thoroughfare intersecting the thoroughfare on the side on which the vehicle is parked
A person shall not park a vehicle on any portion of a thoroughfare
a) For the purpose of exposing it for sale
b) If that vehicle is not licensed under the Road Traffic Act;
c) If that vehicle is a trailer or a caravan unattached to a motor vehicle; or
d) For the purpose of effecting repairs to it, other than the minimum repairs necessary to enable the vehicle to be moved to a place other than the thoroughfare
Parking on reserves
No person other than an employee of the local government in the course of his or her duties or a person authorized by the local government shall drive or park a vehicle upon or over any portion of a reserve other than an area specifically set aside for that purpose.
Stopping on verges
A person shall not stop a vehicle on a verge without the approval of the owner/occupier of the premises adjacent to that verge, or is a person authorised by the occupier of those premises to stop the vehicle so that any portion of it is on the verge.
Penalties of up to $1,000 and a daily penalty of up to $100 apply for any offences committed under the Shire of Kalamunda Parking and Parking Facilities Local Laws.
Parking in Disabled Parking Bays
There are many bays within the Shire of Kalamunda that are strictly for the disabled. You must have a current ACROD sticker on display if parking in these bays. On the spot penalties of $300.00 apply to persons parking in any disabled bay for any amount of time. For more information please contact Ranger Services on 9257 9999 or visit National Disability Services website (http://www.nds.org.au/)