NSW Government takes action on ticketless parking fines
The Minns Labor Government announced on Tuesday September 17 it will take action to reform the ticketless parking fine system, ensuring drivers receive on-the-spot notifications for parking fines.
The changes aim to improve fairness and transparency for drivers.
Local councils are issuing ticketless parking fines at record rates, with a 49% jump in use of the system in the 2023/24 financial year, the NSW State Government said Wednesday August 7.
Minister for Finance Courtney Houssos first raised concerns with councils about the Print & Post system in March 2024 saying it failed to meet community expectations.
Under the ticketless parking fine system, introduced by the previous Liberal-National Government, councils can issue fines without first giving drivers an immediate notification at the time the parking infringement is identified.
See August 2024 report: Ticketless parking fines surge under Councils: NBC records a reduction in assault - abuse of rangers since system introduced
The legislation to be introduced by the NSW Government will set higher standards by:
- Requiring 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.
- Requiring 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.
- Limiting 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.
- Invalidating ‘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.
- Introducing 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 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.
Councils issued 822,310 ticketless parking fines in 2023/24, up 49% from 551,441 issued in 2022/23.
Since March 2024, the NSW Government has consulted councils extensively which has informed the development of the legislative reforms. That engagement will now focus on the development of the regulations which will contain operational details.
To protect the safety of infringement officers from abuse and aggression when issuing tickets, they will not be required to leave an on-the-spot notification where it is unsafe to do so. Under existing provisions, assaulting an authorised officer is an aggravating factor to be considered by a court during sentencing.
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.
These are important and necessary reforms which will ensure the ticketless parking fine system meets community expectations and delivers a uniform experience for motorists across NSW, regardless of where they park their car.
NSW Premier Chris Minns said:
“Drivers deserve better than the current system.
“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.”
Minister for Finance Courtney Houssos stated:
“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.
“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.”
NRMA Spokesperson Peter Khoury said:
“The NRMA commends the NSW Government for addressing the increasingly unpopular ticketless parking fine system adopted by dozens of councils.
“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 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.”
Northern Beaches Council announced on March 1 2024 it has adopted the Revenue NSW Print and Post service ''following successful uptake by 38 councils across the state.''
In a statement the Council said Council rangers will upload the details of parking offences to the Revenue NSW server, and Revenue NSW will print and send the notice to the vehicle owner via email or post.
''This new system offers a significant cost saving to Council and our ratepayers, is more environmentally friendly and provides recipients with more information about the offence.'' Council stated
Revenue NSW introduced the system in response to a number of issues with the old docket system including:
- recipients being confused by the docket style fines and the limited fine information provided
- fines being removed, leaving people unaware of the fine until they receive a reminder notice with less time to act
- administrative costs and staff resources required to send out letters.
Under the system Council officers will carry out their usual parking patrols. Officers will capture details of the offence as well as any relevant images onto their device. The details and images are uploaded onto the server.
Revenue NSW downloads this information each day, retrieves the vehicle owner’s details, prints and posts the fine on Revenue NSW’s letterhead on behalf of Council.
Within 2-3 days, the customer receives the notice via email (or post) and can view any images associated with the fine on the myPenalty page on the Revenue NSW website.
''The Print and Post service will apply to all parking offences from Monday 4 March.'' Council stated
The Council lists fines applicable, ranging from $120 up to $362, on this webpage: https://www.northernbeaches.nsw.gov.au/services/parking/parking-rules
At the June 25 2024 Council Meeting Council resolved that:
Staff provide a report at the earliest opportunity which:
a. Evaluates the feasibility, possibility and legal implications of reversing the decision of Council to discontinue the ticketless parking system.
b. Assesses the feasibility and associated costs of introducing a paper-based parking notification system, coupled with the incorporation of Revenue NSW's Print and Post service for issuing parking fines. This evaluation should emphasise the preservation of transparency and accessibility for residents, as underscored by concerns voiced by Minister Houssos and the community. Key considerations include the provision of immediate written notifications to drivers upon fine issuance and streamlining evidence gathering processes for fine reviews.
c. Details the current process or procedure adopted by Council with the introduction of the ticketless parking system, aimed at identifying any gaps or missing requirements that could enhance community benefits
As part of the Discussion, Council noted:
The rollout of the service to councils across NSW followed a 3-month pilot with Burwood Council in 2020. During the trial, over 4,800 infringement notices were issued by Burwood Council using the ‘ticketless’ system.
The pilot was successful, with no complaints being recorded by Revenue NSW or Burwood Council during the trial. No concerns were raised about the ticketless delivery method. There was a decrease in abusive behaviour towards regulatory staff, who in turn felt safer, more engaged, and more productive in their duties, with the time to process fines also improving.
As the first council to issue ‘ticketless’ infringement notices, there were some initial concerns voiced about the absence of a ‘docket style’ infringement notice. However, the council addressed this with further information being made available on their website.
Due to the success of the Burwood Council trial, Revenue NSW has been progressively moving all councils to the ‘Print and Post’ system over the past 4 years, with 78 % of Sydney metropolitan councils having already successfully adopted the system.
Northern Beaches Council, like all employers, has a statutory obligation under Work Health and Safety (WHS) legislation to do everything reasonably practicable to ensure a physically and mentally safe workplace for staff.
Over the past 3 years, there have been 92 reported WHS incidents involving staff from the rangers’ team. A review of these matters has identified that 34 of the incidents would have been prevented if a ‘ticketless’ infringement had been issued.
Since commencement of ‘Print and Post’ ticketless system, there has been a decline in WHS related assaults and abuse being reported, and an increased confidence in personal safety expressed by the parking enforcement officers whilst performing their duties.
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Northern Beaches Council Quarterly Budget Review Statements:
31 Mar 2023 — Northern Beaches Council. Income and operating expenses budget review ... ○ Parking fines income 4,038m For the period 1 July 2022 to 31 March 2023
30 Sept 2023 — Northern Beaches Council. Income and operating expenses budget review ... ○ Parking fines income $1,409m For the period 1 July 2023 to 30 September 2023
31 Mar 2022 — ○ Parking fine income $4,047m.For the period 1 July 2021 to 31 March 2022
Northern Beaches Council Financial Statements 1 July 2022 to 30 June 2023
Council met all financial and asset performance benchmarks set by the Office of Local Government for the 2022/23 financial year and achieved an operating surplus of $51.7m. The operating result was a surplus of $17.8m after excluding grants and contributions received for capital purposes.
Other revenues includes parking fines $5.6m ($0.1m lower than in 2022)- [COVID lockdowns impacts].