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Originally Posted by Flaming Mo
[B]13 What is a road related area
(1) A road related area is any of the following:
(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.[B]
By simply reading the legislation, one could determine that the ute muster carpark satisfies the definition of "road related area" under section (d), which would perhaps be the criteria used by the officer who issued the ticket.
I think what FG Turbo Ute is saying (which may very lilkely be correct), is that the area in quetion, whether private or not, must be primarily developed for, or have as one of its main uses, the parking or use of vehicles for the public, which would not be the case with a paddock or oval. Would this be correct FG Turbo Ute?
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(C) is a park with trees and the like, restricted but still public open space and normally public owned (Council or Crown)
(D) is a Car park, Sevice Station and the like,
Land that is private and is closed off at times to the public is not considered public open space (related area) , this has been tested in court before.
15-10-2008, 11:39 PM
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