For Sale sign attacts parking fine

A Queensland woman has complained about received a parking fine for putting a "for sale" sign in her rear car window.

Marie Bennett, of Queensland's Sunshine coast received a $220.00 parking fine for "having a car for sale on a public road". It is a little known law that is aimed at:

1) Preventing unsightly advertising signs being placed in residential areas

2) Preventing road accidents caused by cars slowing down to read the signs

3) Preventing a suburban area from being turned into a car sale yard.

Ms Bennett consulted a lawyer who told here that if the sign was a small one placed in the rear car window, and parked outside the person's home or workplace, then it should not attract a fine. However, if it was a large banner style sign, perhaps across the front window, then it is clear that the car is parked there for the purpose of selling it, and that it would fall foul of the local by-laws.

If you are going to place a for sale sign on your car, then you must park your car on private land (e.g. inside your own property). It is OK if the car and sign are visible from the street, but they must be on private property and not on council or government owned or controlled land.

Similar laws apply in most states of Australia. For example, South Australia Morphett Vale resident Megan Walkley said she was fined after she parked her car, with its for sale sign, outside her home just before Easter. "I had only parked on the road because we were planning to have a (rubbish) skip delivered that day to the driveway," Ms Walkley said. "I got a shock when I got the fine, I'd never heard of that by-law before and you see parked cars with for sale signs all the time." Ms Walkley said she appealed against the fine because the by-law stated it applied when a vehicle was parked "primarily for the purpose of advertising", which she denied.

Another example is Whittlesea council in Victoria. Whittlesea's website states: "You must not park your car on a road, nature strip or in any other public place to advertise it for sale. If you do so, you may be fined. If you are advertising a vehicle for sale, you can only park it in your driveway, on your front lawn, or on other private property, with the landowner or occupier’s permission".

The website Sutherlandshire council in NSW says: "It is illegal to place a vehicle or article on a public road or in a public place for the purposes of advertising without prior approval from council. This also includes the advertising of a vehicle for sale. A person who fails to obtain approval from the council or who carries out an activity not in accordance with an approval is committing an offence and may be issued with a penalty notice".

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