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Is it illegal to park with two wheels on the gutter?


Yes, it's illegal to park on the gutter in most states and territories of Australia but the enforcement of fines seems to vary according to council area. 

Many of us have parked on the gutter (also referred to as the kerb, nature strip, or footpath) before, as a courtesy to other cars coming through a narrow street. But the common practice is actually banned across Australia, although fines are enforced irregularly between state police and councils. 

VicRoads parking information, the Queensland government's information on parking rules and fines, and SA's MyLicence website all clearly state that you're not allowed to stop, park or leave your vehicle on footpaths or nature strips in Victoria, Queensland or South Australia. 

But QLD's information also specifies that parking fine enforcement is carried out by police in collaboration with some local councils who enforce and regulate some parking fines. This seems to be true for New South Wales as well, as Randwick City Council's parking FAQ's defer to state legislation: according to their site, as per NSW Road Rule 197, you're risking a fine if you park with two wheels on the gutter. 

In other states and territories, you're also likely to find information about parking infringements on council websites. City of Hobart's website says that stopping on a footpath, bicycle path, nature strip or painted island isn't allowed as parking even two wheels on a footpath can be a hazard for pedestrians. 

According to The Examiner, Tasmanians who get fines for parking on nature strips aren't being targeted by authorities. Apparently cars parked on nature strips and footpaths are one of the most common complaints made to councils in Tassie, and councils often fine drivers in response to complaints. 

There also seems to be haphazard patrolling for cars parked on gutters in Western Australia. According to Perth Now, in WA offences like parking on the gutter are targeted unevenly across different council areas. 

NT News reported similar concerns from residents of the Northern Territory a couple of years ago, after two workers who contested a fine for parking on a nature strip in the Darwin council area lost their appeal. 

According to NT News, Darwin council had only recently started enforcing fines for parking behaviour that had been common in the area for a decade - suggesting that, like in other states and territories, whether or not fines are being enforced for parking with two wheels on the gutter could vary council by council. 

This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.

Is parking with two wheels on the gutter fair enough? Tell us what you think in the comments below.