Win For Motorists: NSW To Ban Controversial Ticketless Parking Fines

Four years after the then-Liberal government introduced ticketless parking fines, the Minns Labor government has announced it will introduce legislation to ban the controversial parking fine system.

The ticketless parking fine system introduced in May 2020, proved to be a windfall for councils, but was panned by motorists who were at the receiving end of the unfair system. The law allowed councils to issue fines without leaving physical notices on the vehicles. Motorists would come to know of the fines they had to pay only weeks later, which meant they had less chance to dispute penalties, leading to widespread frustration. 

In the 2023/2024 financial year, councils issued around 822,310 ticketless parking fines, up 49% from the 551,441 issued in 2022/23. The councils had issued ticketless fines to the tune of over $155 million last year, according to The Daily Telegraph. 

‘Does Not Pass The Common Sense Test’

“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,” Minister for Finance Courtney Houssos said while acknowledging that the ticketless parking fine system had led to frustration among motorists and community members. 

NSW Premier Chris Minns said the blame was squarely on the former Liberal government for introducing a system without enough safeguards to protect drivers. 

“We’re fixing that,” Minns said in a statement. “Drivers deserve better than the current system. Too many motorists have driven off with no idea they might be liable for a parking fine.”

New Law Proposed

 The government said it would introduce sweeping reforms to overhaul the existing system. Under the new legislation, councils will be required to provide on-the-spot notifications to drivers. This could be in the form of a full penalty notice or a brief description of the offence, informing drivers that a fine will be sent to them.

Additionally, councils must also capture photographic evidence of alleged traffic offences, regardless of whether they use the ticketless or traditional ticketed method. These photos, which must include images of the vehicle, relevant signage, and the physical notice left on the vehicle, will be made available to Revenue NSW for driver review purposes.

The proposed law will address the issue of repeat fines by invalidating multiple ticketless parking fines issued before a driver becomes aware of the first infringement.

Certain exceptions will apply such as enclosed parking areas using licence plate recognition technology and national parks with limited mobile connectivity will be exempt from the on-the-spot notification requirement. To protect the safety of infringement officers, the legislation will allow for discretion in situations where leaving a notice might be hazardous or unsafe. The existing law makes it a crime to assault an authorised officer, which will be considered as an aggravating factor by the court while sentencing. 

‘Unpopular Fines’

The NRMA, which has long advocated for changes to the “unpopular” ticketless system, commended the reforms. 

“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,” said NRMA Spokesperson Peter Khoury.

“The Government’s announcement today 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,” added Khoury.