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Land Transport Act 1998 - Lami Parking Meters Regulation 2009

FIJI ISLANDS


[LEGAL NOTICE NO. 85]


LAMI PARKING METERS REGULATION 2009
_____


TABLE OF PROVISIONS


Paragraph


1. Short Title

2. Interpretation

3. Metered Zone

4. Fees

5. Parking

6. Motorcycle Parking

7. Direction of Vehicles

8. Operation of Meters

9. Excess Charge

11. Payment of Excess Charge

12. Disfiguring Meter

13. Meters to be Installed

14. Exemptions

15. Offences


Schedule


Metered Zone (High Density Area)

_____


LAND TRANSPORT ACT 1998
(ACT No. 35 OF 1998)
_____


Lami Parking Meters Regulation 2009


IN exercise of the powers conferred upon me by Section 113 of the Act, and after consulting the authority, I make this Regulation -


Citation

1. These Regulation may be cited as the Lami Parking Meters Regulation 2009.


Interpretation

2. In these Regulation, unless the context otherwise requires -


"Authorised Officer" means an employee at the Council being authorised by the Land Transport Authority under the Land Transport Act to carry out duties being delegated to the council;


"Commercial Vehicle" means any vehicle used principally for the carriage of goods in the course of trade;


"Council" means the Lami Town Council;


"Exempt Period" means any of the following periods -


(a) Sundays;


(b) Public Holidays;


(c) Saturdays before 8.00am or after 12.30pm;


(d) Other days before 8.00am or after 4:30pm


"Enforcement Officer" means an employee appointed as such by the council;


"High Density Area" means an area designated as such in the schedule. Part A of the Schedule.


"Loading Zone" means an area specified in the third schedule of the Lami Traffic Order;


"Metered Zone" means any street or portion of a street or any piece of land prescribed under the provisions of these regulation as a place where vehicles may park and at which parking meters may be established and maintained;


"Parking Meter" mean any mechanical application designated for the purpose of measuring and indicating the time within which vehicle is on maybe parked at a metered space and installed there are pursuant to the provisions of these regulation and includes the standard to which the meter is affixed.


"Prescribed Coin" means a coin of Fiji prescribed as the fee payable for parking at a metered space;


"Prescribed Indication" means the red flag or print out tickets in a parking meter, which shows the date and time for which a motor vehicle may be parked in a metered space has expired or shows that no payment for its parking has been made;


"Traffic Attendant" means an employee or appointed as such by the council;


"Town Clerk" mean a clerk of a municipality council;


Metered Zone

3.-(1) The Areas listed in the schedule are declared as a metered zone for motor vehicles.


Fees

4.-(1) The Fee for occupying a metered space by a motor vehicle is 20 cents for every 15 minutes in a high density traffic area.


(2) Parking fees are not payable in the following cases -


(a) A commercial vehicle in a Loading Zone for the purpose of delivering goods from such zone or for loading on to such vehicle and; in such case, only for so long as is reasonably necessary for such purpose or


(b) A motor vehicle in a metered space during any exempt period subject to such time limits and restrictions as are prescribed by law.


(c) If the fee has been paid for, as indicated in the unexpired parking meter.


Parking

5.-(1) A driver of a motor vehicle shall not park a motor vehicle in such a position that is outside the metered space, unless by reason of size such vehicle cannot be completely parked therein.


(2) If the parked vehicle by reason of its size occupies or encroaches on more than one metered space, the driver of such vehicle is liable to a parking fee in respect of each metered space so occupied or encroached upon.


Motorcycle Parking

6.-(1) One or more motorcycles may occupy any metered space at the same time without payment or more than one parking fee.


(2) If the metered space is parallel to the kerb or footpath, no such motorcycle shall be parked in such a manner that any part thereof lies within 1 meter of the rear extremely of the metered space;


(3) If two or more than one motor cycle occupy a metered space and remain in a metered space when the time for which payment made has


(4) expired, all the drivers of such motor cycle are liable for the payment of the fee for the metered space.


Direction for vehicles

7. The driver of any vehicle occupying a metered space shall park a vehicle headed towards the general direction of the movement of traffic on the side of the street on which the vehicle is parked.


Operation of Meter

8.-(1) The driver of any vehicle who parks the vehicle in a metered space shall deposit or cause to be deposited in the parking meter of such metered space a coin is indicated on the parking meter for the purpose of occupying the metered space only during the paid period indicated in the parking meter.


(2) If the period paid for the use of the metered space has expired, the owner or the driver of the vehicle is liable to deposit the coin for the purpose of continuing use of the metered space occupied.


(3) The driver or owner of any vehicle shall not cause allow, permit or suffer such vehicle to remain parked in a metered space if the paid period indicated on the parking meter has expired.


Excess Charge

9.-(1) If a motor vehicle is parked in a metered space whilst the parking meter for the metered space is displaying that the period has expired an excess charge (thereinafter referred to as excess charge) of $20 shall be payable.


(2) If a motor vehicle have incurred an excess charge, a traffic attendant, enforcement officer or any authorised officer shall attach in a conspicuous position of the vehicle a notice which shall include the following particulars -


(a) The Registration Number of the vehicle.


(b) The date and time in which the parking meter displayed the prescribed indication.


(c) A statement that an excess charge of $20 is payable.


(d) A statement as to where and by what date such excess charge is payable.


(e) A statement that it is an offence under the Land Transport Act 1998 for the driver of a motor vehicle who has parked the vehicle in a metered space to fail duly to pay any excess charge incurred.


(f) The number of the parking meter and that of the stand on which it is for the time being mounted.


(3) If a notice has been attached to a vehicle in accordance to sub Regulation (2), it shall be an offence for any person, not being the driver of the vehicle or a traffic attendant, enforcement officer or authorised officer, to remove the notice, and is liable on conviction to a fine not exceeding $200 or a term of imprisonment of 30 days, unless authorised by the driver of the vehicle.


(4) If a traffic attendant, enforcement officer, authorised officer has taken the action under Sub-Regulation (2), the vehicle may remain parked in the metered space for a period of 2 hours from the time specified in the notice attached under Sub Regulation (2) without becoming liable to pay a further excess charge.


Payment of Excess Charge

10.-(1) The excess charge shall be delivered or sent by post so as to reach the town clerk's office at the Lami Town Council, Lami, not later than 4 o'clock in the afternoon of the Seventh Day after the day on which the excess charge was incurred.


(2) If the excess charge is not paid in accordance with sub Regulation (1), the Council shall serve on the registered owner of the vehicle a demand in writing requiring payment of the charge within a period of 14 days after the service of such demand.


(3) Failure to comply with sub regulation (2) the registered owner shall be guilty of an offence and is liable on conviction to a fine not exceeding $200 or a term of imprisonment of 30 days, further more the council may institute proceedings against the registered owner in accordance with the Land Transport Act.


Disfiguring Meters

11.-(1) No person shall without the authority affix or attempt to affix any placard, advertisement, notice, list, document, board or thing on or paint write upon or disfigure any parking meter.


(2) Any person who contravenes sub regulation (1) shall be guilty of an offence and is liable on conviction to a fine not exceeding $200 or a term of imprisonment of 30 days.


Meters To Be Installed

12.-(1) These Regulation shall be of no force or effect in relation to any street or road specified in the schedule unless parking metres have been installed.


(2) A driver or owner of a vehicle is liable to pay charges for the use of a metered space for which the installed parking meter is defective.


Exemptions

13. The Regulation do not apply to -


(a) A driver operating a vehicle on the site of road maintenance or construction or maintenance work on power or telegraph lines or equipment while engaged on such work;


(b) A driver whilst conveying members of the police force for urgent police duty;


(c) A driver of vehicles of fire brigade at the scene of any fire or alarm of fire;


(d) A driver of ambulance answering an urgent call;


(e) A driver operating a vehicle in accordance with directions given to them by a police officer;


(f) A driver operating a vehicle engaged in garbage collection or in connection with the installation or maintenance of water supplies.


SCHEDULE
(Regulation 3)


METERED ZONES


PART A: HIGH DENSITY AREA



Road

Start

Finish

Fenton Street
(both sides)

From a point 9m West of its junction with Vetaia Street.

From a point 10m East of junction with Nasevou Street

Vetaia Street
(West side)

From a point 17m North of its junction with Fenton Street.

A point 25m further North.

Vetaia Street
(West Side)

From a point 60m North of its junction with Nakurukuru Street.

A point 25m further North.

Vetaia Street
(East Side)

From a point 9m North from its junction with Nakurukuru Street.

A point 50m further North.

Nakurukuru Street
(East End, South Side).

From a point 9m East of its junction with Vetaia Street.

A point 25m further East.

Dated at Suva this 7th day of November 2009.


T. NATUVA
Minister for Transport and Works


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