Private land or Public Highway! Is a motorvehicle in a supermarket carpark deemed to be on the public highway or is the carpark private land! Are traffic wardens allowed to ticket on what I always thought was private land!
tigra,
Apr 4, 9:05am
No they are not. But private Security firms may have ben contracted to police them. However unless there is a suign warning of penalties such as fines they cannot be enforced. Also the Police cannot issuetickets for traffic related offences committed in private car parks
motorboy2011,
Apr 4, 9:08am
I was told on private carpark that is accessible by the public, a warden or police CAN'T ticket you for say no reg or wof etc but police CAN charge you with driving offenses, such as driving dangerously.The same goes for private land with public access (even with closed but unlocked gates). Take the recent case where a girl fell off the back of a ute on a farm, the driver was charged with a driving offense. Years ago a workmate was done for sustained loss of traction, he was doing a skid on private land at work, there were signs at the work entrance saying no entry to public etc but as there were no locked gates the police deemed it accessible by the public.
craigsmith,
Apr 4, 10:00am
If you have a "ticket", it's probably from one of the private contractors, who make up their invoices to imitate a council ticket.!
Read it carefully, it's really nothing more than an accusation of breaching some terms & conditions on a tiny sign somewhere you didn't read and an invoice for the "fine".
If this is the case, and if the sign wasn't very obvious and at a point of entry, and you didn't sign a contract agreeing to their terms, I would reply with a polite FO notice informing them you reject their assertions. I hate these tactics, I don't think they would be enforceable.
smac,
Apr 4, 10:20am
Public highway! No. Road! Yes.
bitsy_boffin,
Apr 4, 10:45am
Anywhere that the public can access (by right or not), even your own driveway, is a road.Yes, it is a VERY broad definition.
If its owned by supermarket, council or plods cant ticket vehicle for rego Or WOfs.The supermart has the authority to have vehicles removed though.Local supermarttold off plodsto bugger off when they weredriving aroundCDmart testingnumber plate. cameras out.
richard198,
Apr 4, 3:17pm
That might explain why I only got a warning for expired rego. in Countdown carpark. Although, 'A place to which the public have access, whether as of right or not'. , would suggest that they can ticket almost anywhere!
tonyrockyhorror,
Apr 4, 4:13pm
Yes, they can. A council recently (within the last 6 months) backed down purely for PR reasons when their overzealous wardens ticketed unlicensed vehicles on private property.
mongolia1,
Apr 4, 4:41pm
Because a road is by legal definition a place the public can access this means that river beds, DOC land and beaches are all "road" and therefore all vehicles (and trailers) driving in those places must have current rego and wof/cof. That includes quad bikes.Not often enforced but that is the law.
msigg,
Apr 4, 4:45pm
Yes they can ticket you most places, where public access.
nightboss,
Apr 4, 5:06pm
Did the rego expire while you were parked there, or did you drive it there after it ran out. Seems you are trying to paint yourself as the victim when you are the one breaking the law.
richard198,
Apr 5, 12:02pm
There's always one! On this occassion, it's you! It's my duty to inform you how wrong you are. I was curious about the law and wondered why I was so lucky rather than anything you've suggested!
eagles9999,
Apr 5, 12:57pm
LOL! Ask a simple question and get ten different conflicting answers and an idiot.
kcc55a,
Apr 5, 1:00pm
Got a reference! There is no waya Warden can enter private property uninvited and ticket unlicensed vehicles. Bet there's far more to this than was stated.
xpfairmont,
Apr 5, 2:47pm
That's what you get for going to Countdown, should of gone to a NZ owned supermarket like Pack n Save or New Word much nicer staff etc
xpfairmont,
Apr 5, 2:48pm
so they can walk down my driveway and put a ticket on my car! mmm.I don't think so
74nova,
Apr 5, 3:52pm
And if you just got a warning about expired WOF why the hell would a private security company care if your wofor rego has expired. Even if it had they can't do jack shit about it.
matthew111,
Apr 5, 3:54pm
it is public. Look at the definition of it in statutes.
matthew111,
Apr 5, 3:55pm
yes they can. Successful prosecutions result from people having driven less than one metre or not driven any distance at all. A supermarket car park is NOT private land. See above.
tigra,
Apr 5, 6:44pm
Read what I wrote again!I said private car parks .not supermarket car parks
eagles9999,
Apr 5, 6:49pm
bet you cannot produce a statutes definition that clearly states that supermarket car parks are classified as public roads. Of course the land is private. Its owned by the supermarket and they pay rates on it and maintain it. Bet the Transport Authority doesnt pay Rates on its roads. Also bet you cant get a parking Warden to ticket a car wrongly parked in a Disabled carpark.You have got it all wrong
spead,
Apr 5, 6:54pm
A road is any place where the public have access including river beds and car parks in supermarkets. Ask the people that are prosecuted for drink driving in supermarket car parks.
mongolia1,
Apr 5, 7:01pm
Directly from the Land Transport Act 1998 section 2 - Definitions: "road includes??
matthew111,
Apr 5, 7:08pm
eagles9999 wrote: bet you cannot produce a statutes definition that clearly states that supermarket car parks are classified as public roads. Of course the land is private. Its owned by the supermarket and they pay rates on it and maintain it. Bet the Transport Authority doesnt pay Rates on its roads. Also bet you cant get a parking Warden to ticket a car wrongly parked in a Disabled carpark.You have got it all wrong[/quote
Under the Summary offences Act 1981 ]``Public place'' means a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward:
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