Road Rule 170 (3) Stopped – within 10m of intersection

January 27th 2009
Please let me know if you have had a similar experience, I am currently still fighting this battle, I have won one round, and now its onto round two. I may be able to assist you. Please use the comments box below!
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April 1st 2009
I received an email today, (see post) informing me that the notice will be withdrawn and that all costs associated with this notice will be refunded as soon as possible. What did I do? Contacted my local member and appealed for some sanity. Please feel free to contact me for advice in this matter. Public: 1 Parking Inspectors (Revenue Rasers): 0
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Now we are all trying to do our bit for the environment, and increasingly people are leaving their car at home and taking public transport to work/uni/school. I would like to class me as one of those people, who is committed to reducing the amount i use my car. If I am going into uni, i try not to drive anymore. I either walk to the station and catch the train in, or if I am very late, I drive to the station and then catch the train in.

Today was no different… I was running late. So I jumped in the car and headed up to Moonee Ponds Station. The parking at the station disappears well before 8am, but that is another issue. There are a number of parking spots near my friend Kates house that are unsigned and if you are lucky some will be available.

I found one at the dog leg in Railway Crescent. I parked my car, popped off my radio face, and headed to the station. I went to uni, didnt have to look for parking there, had a few meetings and around 5pm headed home.

Driving in Victoria, Rules and Responsibilities” a publication by VicRoads, page 16

I arrived at Moonee Ponds at about half past, and as I was walking back to my car spied the worst thing you can ever see when you arrive back at you car… that dreaded white piece of paper. Yep, it was a parking fine, Code: 804 Section: 170 (3) Stopped – Within 10m of intersection. $110!!! At that price i could have driven in, parked in the valet service at crown casino, brought lunch on Southbank, about a kilo of lollies at Nutshack, and then on my way home, filled up the car. Okay, slightly over the top but you get the idea.

The first thing that annoyed me was that I knew that parking inspectors patrolled these backstreets like blood thirsty vampires, and in the morning I made sure I was clear of the dogleg. I counted out my steps and it was exactaly 10 to the front of my bullbar. The second thing that i noticed was that they classed it as an intersection, but my interpretation was that it was a dogleg. After checking on Google Maps and in the Melways, sure enough there is no intersection there, as an intersection is described by VicRoads as “where two or more roads meet”.

The dog leg of Railway Crescent

So as soon as i got home, straight onto the computer and post my info on this blog… hehe! But then I drafted up a letter to the council. Please find a copy of what i wrote below, and please feel free to use it as a template if you get a parking fine and want to contest it.

“To Whom It May Concern:
I am writing in regards to a parking fine I received on the 15th of April 2008, at 1:35PM on Railway Crescent in Moonee Ponds. The infringement notice I received cited the offence as Code 804 Section ROAD RULE 170 (3) – stopped – within 10m of an intersection, with a penalty of $110.
I would like to contest this fine for the following reasons:
I contest the definition of the intersection in question
I contest that my car was parked within 10m of the intersection in question
According to “Driving in Victoria, Rules and Responsibilities” a publication by VicRoads, page 16 states that “An INTERSECTION is where two or more roads meet”. According to the Greater Melbourne Melway (Edition 29, 2002), Google Maps Australia, and WhereIs Australia the intersection in question is not the meeting of two roads, but a continuation of Railway Crescent Moonee Ponds., which runs between Margret and Park Streets. Please find documentation below:
The Greater Melbourne Melway (Edition 29 2002), Page 29 H6

Google Maps (www.maps.google.com search “Railway Crescent, Moonee Ponds”)

WhereIs (www.whereis.com.au search “Railway Crescent, Moonee Ponds”)

After returning to Moonee Ponds from the city, around 5:30pm, I discovered the fine and paced out the distance from the front of my car to the power pole on the corner of the intersection in question. I did not have a tape measure or any other distance measurement device on my person, so instead I paced out 10 generous steps and from my calculations, believe that my car was parked outside 10m of the intersection in question. Please find photos of the car below.

If there is frequent confusion in relation to the parking options available in this street, proper parking and no standing signs should be erected.
I thank you for your time and hope to clean this matter up as soon as possible.
Regards,
Geordie Barker”

I will keep you all updated with progress as to the contesting of the fine.

Please post your experiences with parking fines below.

Cheers,

Geordie

About this entry

You’re currently reading “Road Rule 170 (3) Stopped – within 10m of intersection,” an entry on GeordieBarker.com

Published:: 4.15.08 / 8pm

Category:: Observations, Politics

Tags:: 29 H6, Australia, Code: 804, Contest, Google Maps, Infringement Notice, Intersection Definition, Melbourne, Melways, Moonee Ponds, Moonee Ponds Station, Moonee Valley City Council, mvcc, Parking Fine, Railway Crescent, Road Rule 170 (3), Stopped - within 10m of intersection, VicRoads, Victoria

About

My name is Geordie Barker, and I am a Freelance Festival Worker, Lighting Designer, Stage/Technical Manager & Sculpture Artist. For a majority of the year, I live in Melbourne, Australia, but I am usually lucky enough to spend 4-5 months of the year working overseas. I graduated from the Victorian College of the Arts in 2008, with a Bachelor of Dramatic Art (Production). I have worked throughout Australia, South East Asia and the UK. This site is where I document my work, travel, commentaries on life and host my folio.

This website started in the form of a blog on March 15th 2008, one day before my birthday in my graduating year of VCA. I have always liked the idea of having a public blog, and have held a few free ones here and there, but its not quite the same as having a domain name and your own hosting.

On the 17th of March, my first published line was “On this blog I hope to share my experiences in a wide range of fields, roughly including technology, politics, travel, the arts and general observations on the world around me. Please feel free to comment, question, correct and argue with me.”

Playing with light and a digital SLR.

To view my online CV, click here.

Thanks for stopping by,

Virginia 1.27.09 / 12pm

I have a fine for this -the fine is for “stop 10m close to intersection without traffic lights” the rules advise where 2 or more roads met, is a lane a road? or is that just spliting hairs, this area is just a revenue trap.

Your thoughts?

Geordie 1.27.09 / 1pm

In my opinion, a lane would not be classed as a road. My definition of a road would be a separately labeled section of road. Look up the melways and also the different mapping services online and see what they say. If it is just the continuation of the same road, contest it with this explanation. The road rules do state that to maintain safe traffic flow, a 10m exclusion zone around an intersection is required.

The process is long, first you contest it to the council, and they check it out. If they still think it stands, you appeal to the infringements court. If the appeal is found in your favor, the infringements court will refer the matter back to the enforcing agency, so I assume the local council, and if you are unlucky (such as in my case), they will continue to try and prosecute you, and take you to the magistrates court, or give you more opportunity to pay the fine.

What council did you get this fine from?

Please keep me posted with your progress!

Bill 5.16.09 / 12pm

Its not a revenue trap, although the penalty is obviously an addition to revenue. I dont understand how anyone cant understand the point of the road rule….yes safety thats right!

Geordie 5.17.09 / 10am

Hey bill,

Thanks for your comment!

My point is more that they don’t book you for breaching the road rule, they book you to cover a quota and to create revenue. If the idea of a penalty is to maintain safety, why not put up proper road signs so that safety is ensured?

Matthew 6.10.09 / 6pm

Hi there,

I have just returned home to find a similar ticket – (within 10m of intersection) on my car and a $189 fine. I live in Naremburn and my house is positioned beside a lane and a quiet road. I have parked my car outside of my house for the time i have lived here i.e. 1.5yrs without any problem. There is very little parking on the street due to the proximity to St Leonards station so parking is limited during the day. I do not so much mind the money but fundamentally this is a big issue for me – not being able to park outside my house or for that matter my next door neighbours either! Is there anything i can do to make the council see sense – as stated the Lane is extremely quiet and there is only room for one car to go down it at any one time. Please help!

Thanks

Matt

Robert Gough 8.30.09 / 4pm

Hi Georgie,

Thanks for your advice on the 170(3) Parking Fine. I’ve just had a similar one happen here in Elwood and the experiances that you have offered on your blog have been of great help. Legals are in progress.

Congrats on defeating the fine! Incidentally, I’m film producer who is now looking at producing some theatrical shows. Quite impressed with your get up and go!

Best etc.. from Elwood

Robert Gough

George 11.26.09 / 6am

I agree with all above I got two tickets in three weeks for parking outside my front door.these fines are the first in five years of parking there. the fines where for parking 10mtrs as they put it ( where two roads meet ) this was a double lane where people get to the back of there homes they where all built with garages at the rear. The developers in there wisdom put a tree far enough back to allow a car to park far enough back from the lane without causing any interference to the lane. All people who park there are now filling the council coffers with had earned money.

Rachael 4.15.10 / 1am

I have also received a similar fine in Elwood in a very poorly marked area, where I have seen people parked almost daily since – some with tickets, some lucky enough to escape without when I checked. The kicker is that it’s not for lack of parking, as I could have parked 3 spots down if I thought I was parked illegally at all and I’ve noticed the same for others parked in the same spot.

Thanks for the sample letter, as it’ll be a great guide for when I write to contest my ticket.

Kind regards,
Rachael

Alana 6.10.10 / 12pm

Hey Geordie,
I just wanted to get your advice on a parking fine I received. It’s the same as yours ‘No parking within 10m of intersection without traffic lights’. I’m trying to contest my ticket as the rule is ‘No parking within 10m of intersection without traffic lights-UNLESS otherwise signed’ I’m arguing that while I was within 10m of the intersection there was a sign there allowing me to park. I have all the photos including the one the parking inspectors took on the day and the council have denied my appeal and have told me to contact the courts to set up a hearing- If I lose after taking the matter to court do you know what sort of legal fees and fines would I incur? Also is there anyway I can post my photo to show you and get your advice as to whether I have a case or not?
Sorry for all the questions I just wanted to run it by someone who has taken a parking fine to the next level.
Cheers
Alana

Tony 7.6.10 / 7pm

Hi Georgie!
I have received a similar fine $117 (10m from int.) in St Kilda Acland street and one way Victoria street .The road area which has a space for car parking, where I have seen people parked almost daily since last year.There were two cars behind me in that space(no signs).
I would appreciate your advice!Regards.
anatoliyo@hotmail.com

Alan 7.17.10 / 2pm

This blog is a few years old now, but I recieved a $131 fine for parking 10 meters from an intersection.

It wasn’t a busy street at all, and if I had known this rule I would not have commited the offence, the streets that are crossing are Faelen st / Puerta st Burwood.

I was reading what was said above but am alittle confused, does the plause you used above apply in my situation??

Cheers for any help, annoying me to no end, how they can justify this is beyond me.

Julie 11.8.10 / 10am

I would like to know where an intersection is measured from –
Been booked parking outside my house – I think I was well within the allowable area, but don’t know how to prove it as the fine came in the mail $201 – I have taken photos but can’t prove where my car was – do they always take photos when they book you and if so could I request a copy?

Andrew 6.20.11 / 12pm

Hey mate,

I recieved a $201 fine for supposedly parking 10m within an intersection with no traffic lights. There was no intersection, the lane was a dogleg, a curved laneway. Where i had parked there was a sign saying 2hrs parking forward of the sign, but nothing denoting that i couldn’t park behind the sign.

2 days after receiving my fine, the sign was changed to 2hrs parking infont of the sign and to the rear of the sign all the way to the curve in the road. Have i been given an illegal infringement notice? I’ve already spent approximately $30 worth of phone calls to the local council and the state debt recovery office. Unfortunately i was told to write a letter.

GeordieBarker.com

Road Rule 170 (3) Stopped – within 10m of intersection

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