Fines for ICE-ing EV charging spaces

[Vostok]

This is old-ish news, but for those interested in the details, for NSW at least, are in the updated Road Rules 2014, Sections 203B and 203C:

https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2014-0758#sec.203B

The wording regarding ICE-ing (203B):

A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles​

So merely stopping is enough to risk a fine, no matter how briefly (which for an ICE vehicle I assume means not moving, and turning the engine off).

The wording for EVs which are parked but not charging (203C):

A driver must not stop in a parking area for the charging of electric-powered vehicles unless—​

(a) the driver’s vehicle is an electric-powered vehicle, and​

(b) the electric-powered vehicle is plugged in to an external source of electricity.​

Note you just need to be plugged in, you can’t be fined if you have been charging and the charging has finished (although time limits or other restrictions would still apply). I guess if you plugged in and never commenced a charging session, you could get away with this, unless you drive a Tesla and it’s a Tesla Supercharger

An EV is defined as any vehicle which can be plugged into an external source of electricity, so includes PHEVs.

ACT and QLD also now have fines for this.

It would be nice to read about the first such fine issued and see what excuses the owner dishes up

 

[Futuretech]

Also note that this won't apply to private property ie shopping centres and service stations, back of Maccas, hotel parking lots etc etc. Where most of the charging facilities are located.

 

[B3AU]

Also note that this won't apply to private property ie shopping centres and service stations, back of Maccas, hotel parking lots etc etc. Where most of the charging facilities are located.

Road rules do apply to road related areas - eg Maccas drive through, petrol stations and forecourts, car parks etc etc etc

That's why they had to amend the road rules around mobile phone use - technically it was illegal to use your phone to pay for things in drive throughs and car parks - which is why the road rules were amended to permit using your phone to pay for things.

Media Releases | Transport for NSW

View and search for a media release.

www.transport.nsw.gov.au

In an Australian first NSW drivers are permitted to use their phone as a digital wallet as long as the vehicle is stationary and off road, in a car park, drive-through or driveway.

Road rule 300 has this exemption

(1–1) Subrule (1) does not apply if—

(a) the vehicle is stationary in a road related area, and

(b) the phone—

(i) is functioning as a payment device to enable the driver to pay for goods or services that are required to be paid for in the road related area, or

(ii) is being used to display an electronic coupon, voucher, card or similar article that requires the body of the phone to be held in close proximity to another device located in the road related area in order for the article to be used or redeemed, or

(iii) is being used as an electronic device that enables the driver to enter another road related area or land adjacent to the road related area

Prior to this exemption, it was illegal to use Google Pay at the Maccas drive through, as road rules do apply to 'road related areas'


Also people getting fined for leaving their windows down or cars unlocked at petrol stations...

 

[Futuretech]

Road rules do apply to road related areas - eg Maccas drive through, petrol stations and forecourts, car parks etc etc etc

That's why they had to amend the road rules around mobile phone use - technically it was illegal to use your phone to pay for things in drive throughs and car parks - which is why the road rules were amended to permit using your phone to pay for things.

Media Releases | Transport for NSW

View and search for a media release.

www.transport.nsw.gov.au

Road rule 300 has this exemption

Prior to this exemption, it was illegal to use Google Pay at the Maccas drive through, as road rules do apply to 'road related areas'


Also people getting fined for leaving their windows down or cars unlocked at petrol stations...

Thanks, I didn't know that!

 

[RichardV]

The wording regarding ICE-ing (203B):

A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles​

I wouldn't say that 203B is just regarding ICE-ing it also seems to allow, though probably not intentionally, EVs to park in an EV parking space without charging or even plugging in to charge if the criteria of 203C-(2) is not met.

Take for example this charging location,
Evie Seven Hills

If we look at rule 203C

2a and 2b do not apply. There is no sign present at all. 2c does not apply as the charging symbol painted does not include a 'while charging' painted clause.

If we then look back at rule 203B

Here also 2a and 2b do not apply. 2c is met, charging symbol present, symbol is not an exact match for,

but if tested in court would probably on balance pass and an 'electric-powered vehicle symbol'

This would then seem to indicate that this particular private parking location could not be ICEed without risking being fined 20 penalty points, hefty, but could be argued that parking an EV without plugging in is within the current law with the current signage and parking space markings.

For another example consider the private Evie spaces at Macquarie Centre,

Here this site should be covered under 203C to which 2b applies. 'An electric-powered vehicle charging sign applies' example signs given

So in this case neither ICEing nor parking an unplugged EV would be allowed without penalty points applying.

If we further consider the Tesla Superchargers in Macquarie centre,

I would find it hard to argue that it meets either 203B or 203C. So it would be hard to apply those penalty points if contested in court if a fine was attempted to be issued.

If we continue to play charge stall finable bingo, Bunnings Carringbah

I think ICEing would have penalty points and fine apply. Symbol diverges further but it's close right? So at least 203B applies. I think 203C 2b would also apply sign differs from examples and parking related signs expected.

And, Berowra Tennis Club.

Similar to Evie Seven Hills, marking differs from example further. No signage. ICEing not allowed. EV parking but not plugged in would not seem to meet penalty points criteria.

And, BP Campbelltown

No signage. Road marking indicate an approximation of the ev charging symbol. Here it mentions charging but not the keyword 'while'. Finable for EV parking?

(apparently I am hitting a forum limit).

The TL;DR is that there may need to be a lot of exisiting locations have their signage and/or markings updated for this rule, 203C the important one, to apply and penalty points apply to non charging vehicles.

 

[Vostok]

The TL;DR is that there may need to be a lot of exisiting locations have their signage and/or markings updated for this rule, 203C the important one, to apply and penalty points apply to non charging vehicles.

But it’s not hard for the CPOs to update signage or space markings to ensure they fall within the remit of this law. The good thing is there is now consistency and guidance as to what is required, and I would expect all new spaces to comply strictly with this (e.g. the new EVX kerbside spaces at Glebe do).

If a fine went to court, judges would probably take into consideration whether the existing markings or signage made it very clear it was a space dedicated for EV charging, even if the markings/signage didn’t strictly comply with the requirements here, and the person contesting the fine is deliberately playing dumb or playing technicalities in an effort to have it waived (rather than had some genuine sob story or were genuinely remorseful). The judge might reduce the amount of the fine or downgrade it to a warning, but that should be enough to scare someone to never do it again.

If a judge dismissed the appeal I doubt anyone would take it to a higher court to demand strict interpretation of the “technicalities” here - that would cost them way more than the fine. Not a hill worth dying on.

 

[Onshore]

In addition to fines, I'd like to see towing and impounding included as part of the remedies.

They already do this for clearways, so there is precedent.

 

[Vostok]

And because the law requires “an electric-powered vehicle symbol” marking in the space, the picture does not need to be an exact match to the pictogram included in the law. Any picture of a car with a plug would be good enough.

 

[locksmack]

A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles

They really should have indicated 'plug-in electric-powered vehicles' as the current wording would technically allow regular Hybrids.

 

[RichardV]

They really should have indicated 'plug-in electric-powered vehicles' as the current wording would technically allow regular Hybrids.

They have provided a definition of 'an electric-powered vehicle'

By this definition a regular hybrid would not count but a plug-in hybrid would.

 

[B3AU]

In addition to fines, I'd like to see towing and impounding included as part of the remedies.

They already do this for clearways, so there is precedent.

They should do the same for disabled parking spots - and add demerit point penalties to EV charging spots too, like there is for disabled spots (in NSW anyway)

 

[moa999]

The bigger issue is actual enforcement.
It's OK for council owned carparks or street parking where council rangers do patrol.

But many EV chargers are in private carparks. Private operators don't have the ability to issue fines and I think it's unlikely your local Police would bother attending.

 

[Vostok]

But many EV chargers are in private carparks. Private operators don't have the ability to issue fines and I think it's unlikely your local Police would bother attending.

Take a photo showing the Rego plate and send it to your local council using the Snap Send Solve app. They might not do anything, but if enough people do it, Council will become aware this is an issue and have a word with the private landowner and potentially come to an agreement with them for rangers to police their parking spaces, or if such an arrangement already exists, get off their butts and do something about it.

 

[B3AU]

Take a photo showing the Rego plate and send it to your local council using the Snap Send Solve app. They might not do anything, but if enough people do it, Council will become aware this is an issue and have a word with the private landowner and potentially come to an agreement with them for rangers to police their parking spaces, or if such an arrangement already exists, get off their butts and do something about it.

Yep, hopefully they're already enforcing rule 203, so can't be that hard to enforce 203B and 203C too.

203 Stopping in a parking area for people with disabilities

(1) A driver must not stop in a parking area for people with disabilities unless—

(a) the driver’s vehicle displays a current parking permit for people with disabilities, and

(b) the driver complies with the conditions of use of the permit.

Maximum penalty—20 penalty units.

 

[Vostok]

Powered on.

Those spaces are not marked and signposted in a way that would make a $2200 ICEing fine stick.

Tesla needs to get with the programme on that one. As do Jolt.

 

[moa999]

Tesla needs to get with the programme on that one. As do Jolt.

Issue with private carparks. Who will actually enforce. Doubt the Campbeltown Police station will.

Jolt has good signage at most sites.

 

[B3AU]

Issue with private carparks. Who will actually enforce. Doubt the Campbeltown Police station will.

Is there an accessible parking spot in the carpark?
Same road rule that says you can't park without a permit, that says you can't park in an EV charging marked spot unless you're a plugged in EV.

They should be enforcing the road rule equally.

(remember road rules apply to road related areas including carparks)

 

[moa999]

'They' should be enforcing the road rule equally.

But who is they?

Typical it is Council Parking Officers who enforce parking restrictions in Aus.
Now I don't know much about this particular site but it seemingly near some other council sites (Arts Centre) so maybe they might enforce - but typically there needs to be an agreement (and the private carpark pays for council officers to attend)

 

[Vostok]

Jolt has good signage at most sites.

The ones I‘ve seen don’t have the parking spaces painted green or blue, with an electric vehicle icon with plug. Just the Jolt logo.

 

[RichardV]

The ones I‘ve seen don’t have the parking spaces painted green or blue, with an electric vehicle icon with plug. Just the Jolt logo.

View attachment 923624

They have the appropriate legally enforceable parking sign. 'No parking except while charging'. You only need one of the criteria. Jolt spaces are also all in council patrolled locations.
The only superchargers I have seen with compliant signage are in council owned areas, eg Bathurst. But not even all of those, eg Goulburn. And we won't mention Wodonga which has explicit legal icing allowed signs by design.