Driving and traffic law
Enforcement powers of police and parking wardens
Parking wardens: Their powers
Powers to issue infringement notices (tickets)
Land Transport Act 1998, ss 128E, 139 Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011, reg 77(2) Land Transport (Offences and Penalties) Regulations 1999, reg 10, Schedule 7
Parking wardens can issue infringement notices – or “tickets” – to enforce parking restrictions, rules for special lanes (such as bus lanes and transit lanes), and a limited number of other offences. These include not having a current warrant of fitness, having an unregistered or unlicensed vehicle, or having bald tyres.
Powers to obtain information from drivers and move vehicles
Land Transport Act 1998, s 128E
As part of enforcing parking restrictions and other traffic rules that come within their role, parking wardens can require you to give them your identifying details and certain other information. If you’re in a vehicle, or seem to be in charge of a vehicle, they can require you to give them your full name, full address and other identifying details or, if you’re not the driver or in charge of the vehicle, to give them any information you’re aware of that would identify the driver or person in charge.
It’s a criminal offence to refuse to give that information, or to give false information. For this you can be fined up to $1,000.
If a parking warden believes on reasonable grounds that your vehicle is obstructing the road, or an entrance, or that it’s a safety risk or is inconveniencing the public, they can get into your vehicle and move it to a place where it won’t be a traffic hazard. They can also order you to move it, or authorise someone else (such as a tow-truck operator) to move it.
Note: Parking wardens don’t have any power to arrest people.
