Parking rights in city streets
IN THIS issue, Kevin Vierboom, principal solicitor at Fourtree Lawyers, tackles two common problems for drivers around pay and parking.
Should you require more specific advice in relation to matters like the below, feel free to contact Central Coast-based Fourtree Lawyers direct. They provide assistance with heavy vehicle matters nationwide.
"My husband is a full-time employee in SA. The past week they've had no work for him, but on Monday he'll drive to Sydney, then it's payday so he'll be paid less than $500, after tax, for the week. We're used to him earning $2000 for a six-day week. As I read the award, he should be paid his minimum 38 hours regardless...”
Our lawyer says:
I would like to start with a comment on employment matters generally and then attempt to answer the question on the limited information available.
Employment agreements are governed by legislation in the form of the Fair Work Act and also in the form of any relevant awards, or agreements which the employee may have entered into with the employer.
Agreements of this nature can be either on an individual basis or they may be on a collective basis by way of a trade union signing an industrial agreement on behalf of all of its members.
Legislative provisions form non-negotiable employment guidelines and it is not possible to have an award or an agreement which is contrary to the legislation nor can you contract out of such obligations under law.
It is often in the interests of both the employer and the employee if they can work together so that both parties may receive a reasonable income as a result of the work undertaken.
This is a common question which tends to arise from time to time and depends entirely on the employment agreement.
Where an employee is employed on a full-time basis they are at the control of the employer who may direct that they do any form of work which is in accordance with the law.
For example, if you drive heavy vehicles for an employer and there is only eight hours of driving required in a week you may be directed to carry out other work.
The employer remains responsible to generally pay people in accordance with the contract of employment which is to pay the person for the minimum number of hours upon which they have been engaged.
That is to say, if you are employed on a full-time basis and the agreement is for 38 hours of work per week the employer will generally have to pay you for 38 hours of work.
This is in the nature of general advice and should a question arise please feel free to contact Fourtree Lawyers for a free initial consultation in relation to any employment questions you may have.
"Regarding parking in a built-up area for more than on hour in New South Wales, the NSW law says no problem if complying with the other road legislation. So, why are drivers just paying the fine and not fighting the RMS or councils?”
Our lawyer says:
The law permits a driver to park a heavy vehicle (4.5tonnes or more GVM) or long vehicle (7.5m or longer) in a residential area for a period of no more than one hour.
The legislation regards that heavy vehicles are generally not compatible with residential areas for a range of reasons, including that small children may be in the area.
The one-hour parking period is to allow the driver to have a meal in a residential area without having to park outside the residential area and arrange alternative transport to and from the vehicle.
There are several circumstances where a heavy vehicle is permitted to stop in a residential area for more than one hour, including:
The driver is engaged in dropping off or picking up goods
The driver is carrying our functions under the road transport legislation
The driver is complying with a direction given by a police officer
The driver is complying with a direction given by another person carrying out functions under the road transport legislation
The heavy vehicle or long vehicle is a bus
If the vehicle is stopped for a purpose that is connected with the lawful carrying out of a filming project
When a person receives a penalty notice in NSW, the penalty notice is often for a fraction of the fine which may be imposed by a court.
Most people who are in receipt of a penalty notice, when advised of this by a solicitor, make a commercial decision to just pay the penalty notice.
In some situations a person may wish to contest the penalty notice on the basis they have a reasonable explanation to offer to the court.
In making a determination, the courts will have regard to the circumstances of the offence, the person's prior character, the triviality of the offence or any other relevant circumstances.
After hearing the submissions, the court may decide to dismiss the penalty notice or impose a reduced fine which is less than they would have paid on the penalty notice.