Is it illegal to park on a footpath?

We’ve all been in a situation where you simply can’t discover a spot to park, so that you pull up onto the kerb or nature strip, and park on the grass.

• Parking or driving on a footpath is against the law
• When you park on a footpath, passageway or pathway, or bike path, you would face fines
• Some jurisdictions may implement demerit points, too.

But did you understand that for those who occur to park on a footpath, you would be fined for committing an offence?

You might cop a hefty financial penalty, and also you is perhaps alarmed to learn that simply parking on a path may see you slapped with a demerit-point penalty.

The Australian Road Rules 2014, reg 288, Driving on a path, states the next:

(1)  A driver (except the rider of a bicycle) must not drive on a path, unless subrule (2) or (3) applies to the driving force.

(2)  A driver may drive on a path if the driving force is—

• driving on a component of the trail indicated by information on or with a traffic control device as a component where vehicles may drive, or
• driving on the trail to enter or leave, by the shortest practicable route, a road-related area or adjoining land, and there isn’t a component of the trail indicated by information on or with a traffic control device as a component where vehicles may drive, or
• permitted to drive on the trail under one other law of this jurisdiction.

(3)  A driver may drive a motorised wheelchair on a path if—

• the unladen mass of the wheelchair isn’t over 110 kilograms, and
• the wheelchair isn’t travelling over 10 kilometres per hour, and
• due to the driving force’s physical condition, the driving force has an inexpensive need to make use of a wheelchair.

Here’s a rundown of the penalties that could possibly be applicable across Australia for driving or parking on a path.

NSW – 3 demerit points, $349 advantageous.

Victoria – $161 advantageous.

Queensland – 3 demerit points, $361 advantageous.

South Australia – $287 advantageous +$99 Victims of Crime Levy payment, total $386, and three demerit points for driving on a path and failing to fall down. There’s also an applicable rule for “Park obstructing path of other vehicles or pedestrians”, which looks as if the more realistic offence – it carries a $79 advantageous and $99 Victims of Crime Levy payment (total $178).

Tasmania – $146.25 advantageous.

Western Australia – we couldn’t find any fines or demerits details for this, but many councils list that it’s an offence to “park any a part of your vehicle on or over a footpath, this includes where a footpath intersects or crosses a driveway”. 

Northern Territory – $50 advantageous.

ACT – $307 advantageous.

So, possibly think twice before you park on the trail. 

Not intended as legal advice. Check with the relevant roads authority in your state or territory.