The NSW Government is set to introduce legislation to reform the state’s ticketless parking fine system, as NSW councils chalk up a record year for the issuing of parking fines.
NSW Premier, Chris Minns said the changes will improve fairness and transparency for drivers.
“Drivers deserve better than the current system,” said Premier Minns.
“Too many motorists have driven off with no idea they might be liable for a parking fine.
“This system was introduced by the former government without enough protections for drivers. We’re fixing that.”
Councils issued 822,310 ticketless parking fines in 2023/24, up 49% from 551,441 issued in 2022/23.
The legislation to be introduced by the NSW Government will:
- Require councils to attach an on-the-spot notification to a vehicle. This could be the penalty notice itself, or a short description of the offence and notice that a fine will be sent to them.
- Require councils to take photos of offences – even if they use the traditional ‘ticketed’ method – and make them available for Revenue NSW to provide to drivers. The photos must include images of the vehicle, relevant signage and the physical notice left on the vehicle. This will streamline the review process for any challenged fines.
- Limit the circumstances where an on-the-spot notification is not required to be left by a parking officer, for example, where it is hazardous or unsafe for them to do so.
- Invalidate ‘repeat’ ticketless parking fines, addressing a key concern of the existing system, that drivers can be fined multiple times for the same offence before they even become aware of the first infringement.
- Introduce data reporting rules to monitor the implementation of the legislation and evaluate if any future reforms are necessary.
The requirement to issue an on-the-spot notification will not apply to a limited number of parking zones, such as enclosed parking areas that use licence plate recognition technology, and in national parks with limited mobile phone connectivity.
Regulations issued by the Minister for Finance, Courtney Houssos, will clearly specify these parking zones and describe the wording, font size, colour, and location of signage to give drivers sufficient advance warning they are in a ticketless infringement zone.
“No one ever likes to get a parking fine, but the idea you only find out about a fine weeks later doesn’t pass the common sense test,” said Minister Houssos.
“Setting new, higher standards for parking fines, including rules about invalidating unfair fines, is the right thing to do and goes a long way to re-building community trust.
“Frustration among drivers and community members about the ticketless parking system is high – and that’s fair enough. The ticketless parking fine system was introduced by the previous government without regard for the impact on drivers and families.
“I want to acknowledge the NRMA for their long-standing advocacy on this matter. Along with motorists, they first raised their concerns in 2020, but were ignored.”
The overwhelming majority of ticketless parking fines in NSW are for offences in council-operated parking facilities. The parking fine reforms will apply to facilities operated by councils, NSW Government agencies and universities. Acknowledging their unique operating requirements, these changes will not apply to police officers, the Government confirmed.
“The NRMA commends the NSW Government for addressing the increasingly unpopular ticketless parking fine system adopted by dozens of councils,” said NRMA spokesperson, Peter Khoury.
“Motorists who abuse the limited public parking spaces available obviously deserve to be fined, however ticketless parking fines removed transparency and made it almost impossible for motorists to contest their fine if they felt they had a legitimate case.
“The Government’s announcement can give the public confidence that enforcement will again be open and transparent and we encourage councils to work with the Government on implementing these measures.”