Council is a prescribed Enforcement Agency for the enforcement of relevant provisions of the State Government Road Safety Legislation. Infringement Notices are issued under the following legislation: Transport Operations (Road Use Management) Act 1995, Transport Operations (Road Use Management — Road Rules) Regulation 2009 and Local Law 5 – Parking | Redland City Council. Licensed drivers have a responsibility to be aware of the Road Rules and ensure that the vehicle is parked in accordance with the Regulations at all times, maximising the safety of other road users. Infringement Notices are issued under relevant legislation and contain information as required under the State Penalties Enforcement Act 1999. This includes the penalty and amount which are set by state legislation.
In accordance with Section 22 of the State Penalties Enforcement Act 1999, the alleged offender must, within 28 days after the date of the infringement notice:
- pay the fine in full
- make an election to have the matter of the offence decided in a Magistrates Court
- if applicable, give an illegal user declaration, a known or unknown user declaration or a sold vehicle declaration for the vehicle for the offence
Council offers an internal appeal review process. The alleged offender has 28 days from the initial notice date to file an appeal, along with adequate supporting evidence. Please note appeals will not be reviewed if the infringement notice has been paid.
If you have received an infringement notice but believe that circumstances need to be considered, you can appeal to Redland City Council. Infringement notices are only withdrawn in extraordinary circumstances, and the person issued with the infringement notice must submit appeal requests.
The following examples are not regarded as reasons to appeal an infringement notice and are unlikely to result in infringement withdrawal:
- financial hardship – if you are unable to pay the infringement, then an application can be made for a payment plan
- not seeing a sign or misinterpreting a sign
- not being familiar with the area
- parking not available
- not being aware of legislation requirements
- being parked in a boat trailer space without a trailer attached
- being stopped briefly in a restricted zone
- other vehicles parked illegally
Preparing your supporting evidence
It is important to include sufficient supporting evidence when you lodge your request. In addition to the infringement number/s, vehicle registration number and date and time of the incident, please provide the following where relevant
- a letter from the attending doctor or hospital that specifies the time and date that corresponds to the offence and is related to a serious medical circumstance such as an emergency hospital visit.
- a vehicle repair receipt, a tow truck or RACQ receipt, or a mechanical report detailing the time and date which corresponds to the offence.
- the grounds of any legal defence, exemption from the law, exceptional circumstances or error on the infringement notice
- photographs or diagrams showing the exact location of the incident
- a written statement on a statutory declaration [PDF, 0.1MB] by anyone who witnessed the incident. Please be advised that it is an offence under the Transport Operations (Road Use Management) Act 1995 to intentionally provide false or misleading information in a written statement.
- written advice or a crime report from the Queensland Police Service
- copies of valid permits not displayed at the time of the offence
- any other documentation that might support the appeal.
How to make an appeal
To appeal online, please visit payment options, view images, appeal or nominate a driver for a parking infringement
Alternatively, you can download and complete the infringement notice appeal form [PDF, 0.3MB].
Please submit your form and supporting documentation to Redland City Council before the payment due date.
Post
Redland City Council
PO Box 21
Cleveland QLD 4163