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Rules Governing Traffic and Parking

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Section 1 - Introduction

(1) This Rule applies to all vehicles brought onto the Callaghan and Ourimbah Campuses of the University of Newcastle (University) and to the University’s Newcastle CBD campus. Traffic and parking on campus is also regulated by the Road Transport Legislation of New South Wales.

(2) This Rule is made by the University Council under the University of Newcastle Act 1989 No 68 and University of Newcastle By-law 2017

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Section 2 - Definitions

(3) In the context of this document:

  1. “drive” has the same meaning as that defined in the Road Transport Act 2013;
  2. “infringement notice” means any advice authorised by Revenue NSW in which particulars of an offence alleged to have been committed in breach of this Rule are recorded and which is affixed to a vehicle, sent by post or notified by any other means;
  3. “leave standing” or “left standing” means to stop a vehicle or to allow a vehicle (whether attended or not) to remain stationary;
  4. “owner” used in relation to a vehicle, has the same meaning as defined in the Road Transport Act 2013;
  5. “parking permit” means a parking permit issued under this Rule and includes:  
    1. a daily parking permit either issued by a parking permit machine; or
    2. in the form of a “scratch and display” permit; and
    3. any other type of parking permit issued by the University;
  6. “prescribed officer” means any person authorised by the Deputy Director Campus Services for the purposes of this Rule;  
  7. “register” means the Register of Parking Permits to be kept pursuant to Section 3 of this Rule;
  8. “Road Transport Legislation” refers to any New South Wales or Federal Act or Regulation, or any provision of an Act or Regulation, that is:
    1. in force at a relevant time; and
    2. applicable to a particular event, circumstance or this Rule; 
  9. “University road” means any street, road, lane, thoroughfare, footpath or place under the control of the management of the University;
  10. “visitor” means any person who brings a vehicle on to the campus and who is not a member of staff or a student of the University.
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Section 3 - Parking Fees and Charges

(4) Fees and charges will be determined and reviewed from time to time by the University Council in accordance with Part 4 Section 16 (1) (j) of the University of Newcastle Act 1989.

(5) The following categories of vehicles and persons are exempt from parking fees:

  1. disabled drivers who are issued with a Roads and Maritime Services mobility permit; and
  2. maintenance service vehicles (e.g. facilities maintenance providers, utility service providers, emergency service vehicles), where access to the vehicle is required to carry out the maintenance and a service permit is displayed; and
  3. University departmental and fleet vehicles where a University fleet permit is displayed.
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Section 4 - Parking Permits

(6) The University Council will determine, and review from time to time, the days and hours of the day that motor vehicle parking fees will apply.

(7) The Director, Infrastructure and Facilities Services will determine the categories of parking permits.

(8) All vehicles parked on the campus must have a valid parking permit displayed on the vehicle, unless an exemption as outlined in this Rule applies.

(9) All physical parking permits must be displayed in accordance with conditions communicated to the permit holder at the time of issue. Communication of said conditions may occur either by:

  1. signage displayed near or in close proximity to a ticket machine; or
  2. terms and conditions provided to the permit holder.

(10) Failure to display a physical parking permit in accordance with the conditions provided to the permit holder will render the parking permit invalid.

(11) A holder of a parking permit (other than a daily parking permit) must notify the Deputy Director Campus Services within fourteen (14) days of any change to their qualifying status for which a parking permit has been issued.

(12) The Director, Infrastructure and Facilities Services, may cancel a parking permit, or any type of parking permit, in the application of this Rule or in the course of normal University business.

(13) A parking permit (other than a daily parking permit) will not be valid when:

  1. the person to whom the parking permit was issued ceases payments for the issue of the parking permit; 
  2. the Director, Infrastructure and Facilities Services cancels the parking permit;
  3. the Director, Infrastructure and Facilities Services cancels all parking permits or all parking permits in a particular category;
  4. the parking permit (including a daily parking permit) is not legible or has expired whichever shall be the earlier; or
  5. a reserved dashboard parking permit has been tampered with or altered in any way.

Register of Parking Permits

(14) A register will be maintained by the Deputy Director Campus Services. The following information will be recorded in the register:

  1. the permit number, date issued, staff number, name, type of payment, time issued and description for which a parking permit (other than a daily parking permit) has been issued; and
  2. the name, and qualifying status of the applicant for such a permit.

Exemptions from Parking Permits

(15) The following categories of vehicles and persons are exempt from parking permits:

  1. bicycles;
  2. motorcycles; and
  3. delivery vehicles, providing they are parked in a loading bay.
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Section 5 - Parking of Vehicles

(16) Except when picking up or dropping off persons or goods, a driver of a vehicle may only park or leave standing a  vehicle on the Campus in accordance with:

  1. the category of parking permit issued;
  2. the conditions of a restricted parking area;
  3. any other direction, notice or instruction.

(17) Where a vehicle is parked or left standing on the Campus in breach of this Rule or in contravention of any parking sign or direction, an infringement notice will be issued in accordance with this Rule by a Prescribed Officer.

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Section 6 - Traffic

(18) A driver of a vehicle on any part of the Campus must:

  1. stop the vehicle when signalled to do so by a Prescribed Officer;
  2. give to a Prescribed Officer such information as may be reasonably required;
  3. obey any directions which a Prescribed Officer may reasonably give concerning the driving, parking or moving of the vehicle;
  4. not drive at a speed greater than forty (40) km/h or greater than any other speed which may be indicated by signage;
  5. not  drive or leave standing a vehicle in such a manner or in such circumstances which would be an offence if that part of the Campus were a public street and shall obey any sign or direction as if it had been erected, painted, affixed, marked or otherwise displayed on a public street with the authority of the Roads and Maritime Services NSW;
  6. not drive, park or leave a vehicle on any lawn, grassed area, garden, undeveloped area, builder’s access road or on any roadway;
  7. comply with all other directions relating to traffic which are indicated by appropriate signs;
  8. not drive a vehicle while it is causing unreasonable noise or inconvenience to other persons or where it may reasonably be expected to cause unreasonable noise or disturbance;
  9. comply with all relevant legislation or associated regulations concerning roads, traffic, vehicles or driving;
  10. comply with any determination of the Director, Infrastructure and Facilities Services under Section 7 of this Rule.
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Section 7 - Breaches, Infringements and Penalties

Breaches of this Rule

(19) A breach of this Rule may be referred to the Deputy Director, Infrastructure and Facilities Services who may determine to:

  1. cancel a parking permit;
  2. prohibit a person from driving on campus;
  3. prohibit a person from driving a particular vehicle or category of vehicle on Campus.

(20) If as a result of any breach of this Rule any damage is caused to University property, the University may take appropriate action to recover any costs or losses incurred by the University as a result of the damage.

Self-Enforcing Infringement Notice Scheme (SEINS) (‘the Scheme’)

(21) The University is authorised to issue infringement notices under the Scheme, which is administered by Revenue NSW.

(22) Infringement notices may be issued for:

  1. exceeding the speed limit; 
  2. failing to stop when signalled to do so by a Prescribed Officer; 
  3. refusing to provide information required by a Prescribed Officer; 
  4. failing to obey instructions given by a Prescribed Officer; 
  5. parking in an area not identified as a designated parking area; and/or
  6. parking contrary to directions marked on a parking bay or on a sign displayed near a parking bay.

(23) Any infringement notice issued under this Rule may be:

  1. left on or affixed to the vehicle;
  2. served personally to the driver; or
  3. sent to the registered owner of the vehicle.

Penalties

(24) Penalties for infringements will be determined based on schedules of infringement penalties issued by Revenue NSW.

(25) The University may issue a penalty at an amount lower than that prescribed by Revenue NSW.

(26) If the amount payable under the Penalty Notice has not been paid within the prescribed time Revenue NSW may issue a Penalty Reminder Notice.

Other Actions 

(27) A Prescribed Officer may organise for the towing of the following vehicles at the owners expense:

  1. vehicles blocking emergency or service roads;
  2. vehicles parked in a way which may create a danger to other vehicles or pedestrians; or
  3. vehicles causing an obstruction or inconvenience.
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Section 8 - Objections to the Cancellation of Parking Permits

(28) Within twenty (20) working days of notification that action is being considered by the Director, Infrastructure and Facilities Services under Clause 12 of this Rule the person on whom the notice was served may lodge an objection with the Director, Infrastructure and Facilities Services. The objection must be in writing and contain grounds as to why the proposed action should not be taken.

(29) Upon receipt of an objection under Clause 26 the Director Infrastructure and Facilities Services will either uphold the original determination or withdraw it, and notify the person making the objection in writing within twenty (20) working days.

Appeals

(30) Within twenty (20) working days of receipt of the decision of the Director, Infrastructure and Facilities Services, the person objecting may lodge an appeal with the Vice-Chancellor . The appeal must be in writing and must contain grounds on which the appeal is based. An appeal can only be made on the grounds that the requirements of this Rule have not been met by the University or the original decision was impacted by a conflict of interest.

(31) The Vice-Chancellor will provide notification of the outcome of the appeal to the person making the appeal, in writing within twenty (20) working days.

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Section 9 - Appeals Against Penalty Infringement Notices

(32) An appeal against a Penalty Infringement Notice must be made in accordance with the Fines Act 1996 (NSW).

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Section 10 - Exemptions

(33) A particular person, vehicle or category of person or vehicle may be exempted from the application of this Rule (or any part of it) for a particular time or purpose or for a particular part of the Campus on such conditions as may be specified by the Vice-Chancellor or the Director, Infrastructure and Facilities Services or the Associate Director, Asset and Property Services.