Lismore City Council may need to stop using ticketless parking fines if the NSW State Government is successful with a change of legislation to be introduced into parliament.

The state government says the changes will improve fairness and transparency for drivers by ensuring drivers receive on-the-spot notifications for parking fines.

In mid-August, Lismore App reader Steve said his partner received a fine in the mail more than a month after the alleged parking offence.

"She has no idea of doing the offence, of course, as the alleged offence was so long ago. I just wish to follow this up, but wondering if they are required to notify a fine will be issued."

At the time, a Lismore City Council spokesperson said, "Lismore City Council fines are issued in accordance with NSW legislation. Ticketed notification on vehicles is not a legislated requirement. Council uses a mix of ticketless and ticketed fines depending on the circumstances."

Councils across NSW issued 822,310 ticketless parking fines in 2023/24, up 49% from 551,441 issued in 2022/23.

The legislation to be introduced by the NSW Government will:

• Require councils to attach an on-the-spot notification to a vehicle. This could be the penalty notice itself, or a short description of the offence and notice that a fine will be sent to them. 
• Require councils to take photos of offences – even if they use the traditional ‘ticketed’ method – and make them available for Revenue NSW to provide to drivers. The photos must include images of the vehicle, relevant signage and the physical notice left on the vehicle. This will streamline the review process for any challenged fines.
• Limit the circumstances where an on-the-spot notification is not required to be left by a parking officer, for example, where it is hazardous or unsafe for them to do so.
• Invalidate ‘repeat’ ticketless parking fines, addressing a key concern of the existing system, that drivers can be fined multiple times for the same offence before they even become aware of the first infringement.
• Introduce data reporting rules to monitor the implementation of the legislation and evaluate if any future reforms are necessary.

The requirement to issue an on-the-spot notification will not apply to a limited number of parking zones, such as enclosed parking areas that use licence plate recognition technology, and in national parks with limited mobile phone connectivity. 

Regulations issued by the Minister for Finance will clearly specify these parking zones and describe the wording, font size, colour, and location of signage to give drivers sufficient advance warning they are in a ticketless infringement zone.

Since March 2024, the NSW Government has consulted councils extensively which has informed the development of the legislative reforms. That engagement will now focus on the development of the regulations which will contain operational details.

To protect the safety of infringement officers from abuse and aggression when issuing tickets, they will not be required to leave an on-the-spot notification where it is unsafe to do so. Under existing provisions, assaulting an authorised officer is an aggravating factor to be considered by a court during sentencing.

The overwhelming majority of ticketless parking fines in NSW are for offences in council-operated parking facilities. The parking fine reforms will apply to facilities operated by councils, NSW Government agencies and universities. Acknowledging their unique operating requirements, these changes will not apply to police officers.

These are important and necessary reforms that will ensure the ticketless parking fine system meets community expectations and delivers a uniform experience for motorists across NSW, regardless of where they park their car.

Premier Chris Minns said, “Drivers deserve better than the current system.

“Too many motorists have driven off with no idea they might be liable for a parking fine.

“This system was introduced by the former government without enough protections for drivers. We’re fixing that.”

Minister for Finance Courtney Houssos said, “No one ever likes to get a parking fine, but the idea you only find out about a fine weeks later doesn’t pass the common sense test.

“Setting new, higher standards for parking fines, including rules about invalidating unfair fines, is the right thing to do and goes a long way to re-building community trust.

“Frustration among drivers and community members about the ticketless parking system is high – and that’s fair enough. The ticketless parking fine system was introduced by the previous government without regard for the impact on drivers and families.

“I want to acknowledge the NRMA for their long-standing advocacy on this matter. Along with motorists, they first raised their concerns in 2020, but were ignored.”

NRMA Spokesperson Peter Khoury said, “The NRMA commends the NSW Government for addressing the increasingly unpopular ticketless parking fine system adopted by dozens of councils.

“Motorists who abuse the limited public parking spaces available obviously deserve to be fined. However, ticketless parking fines removed transparency and made it almost impossible for motorists to contest their fine if they felt they had a legitimate case. 

“The Government’s announcement today can give the public confidence that enforcement will again be open and transparent, and we encourage councils to work with the Government on implementing these measures.”