Technical manager Rod Evans had to double-check the date on the infringement notice when it first arrived in the post – he thought it was someone’s idea of a belated April Fools’ joke.
The Toowoomba Regional Council had sent his company, Neil Mansell Concrete, a fine of $64 for parking in a homeowner’s driveway while pouring concrete at the same quiet suburban address on October 3.
An incredulous Evans was left scratching his head – surely there must have been a mistake?
Evans has never had any issues with the council before, there were no complaints from the client who had ordered the delivery and the truck driver had not even spoken to the council officer who took the supporting pictures.
But no, a review was unsuccessful and the fine still stands, said the council in reponse to Evan’s request for a second look.
“Please be advised that parking on or across a driveway may obstruct the view of other road users,” the officer wrote in the reply on October 29.
“It is also important to consider the significant risk to persons, including personal liability, should an incident or damage occur where it can be shown an unlawful activity had contributed to the cause.
“Council has investigated all aspects of this infringement, including the information you have provided and the evidence gathered at the time by our authorised officer, and can confirm the ticket has been issued to your vehicle without error.
“The reasons you have outlined in your review have been considered, and the situation were placed in is noted and understood. However, this does not relinquish your responsibility to park lawfully.”
Evans told Big Rigs he’d never seen or heard of anything like it in 30 years in the industry and worries where the council’s stand might end.
“For a $64 fine we first thought it’s not worth worrying about, but we’re subject to that every day of the week,” Evans said.
“They could start doing this kind of thing to anyone who delivers anything – it’s crazy.”
Evans said there was nothing else the driver could have done differently.
He was under the direction of the customer and had backed up to a tarp from where they were barrelling in the concrete ordered.
“The truck wasn’t stopped. He was discharging the concrete at the time – it’s bewildering in all honesty.”
Evans has racked his brain about how the could do things differently, but there really is no other sensible solution.
“The only other thing we could have done is parked parallel but then you’re on the grass and they’re heavy trucks and they make a mess if you do that.
“What he’s done is something that typically happens every day.”
In a subsequent media statement, environmental and regulatory services spokesman councillor Bill Cahill said the infringement was detected due to officers responding to a separate complaint from residents about parking on the footpath.
“While it is acknowledged that permission from a property owner may have been sought, the legislation is enforced for numerous reasons, such as allowing unrestricted emergency access to underground infrastructure, access for emergency services (even to this particular property, for example) and pedestrian access,” he said.
“For example, in this instance, a pedestrian would have to walk out on the street to circumvent this vehicle.
“People who park across or block driveways, footpaths and bikeways create a safety hazard for other road users.”
while what the council say is true. but, common sense would tell you not to fine them as they are doing a delivery.
technically they should have had traffic control close the footpath, directing pedestrians to use the other side of the street till the delivery is complete and of course the customer would have to pay for that.
You would have to ask the authorised council officer?? to explain the meaning of commonsense and after they refuse to do so cause that would not be part of their authorised job . You could then take them for a drive in a HEAVY Vehicle and show all the signs erected at intersections tree’s over hanging roads etc all contributing to blind spots thus the safety of all road users all the responsibility of a authorised council officer s .. They would refuse to go for the drive that’s not my authorised area. The reason I say this is because I have offered the road engineers at my local council to do so year’s ago iam still waiting. It’s about time they started to listen to experienced
people in the transport industry that have observed over a long period of time that our place of work is not being kept safe. All authorised by authorised council staff??. I think if they did this with some of there time instead of getting around handing out fines for ridiculous things we would all have a safer place to work.