- The new laws do not automatically apply in every part of NSW. Councils are required to consult with their community and then determine whether or not to enforce the new boat trailer parking laws.
- Following the consultation period, a report will be submitted to Council. The report will advise Council on the consultation outcomes to assist in its determination on whether to implement the provisions of the new act.
- If the Council formally adopts the position to implement the Boat Trailer Law changes, the Council will place a notice in the NSW Government Gazette announcing the whole (or part) of the Waverley LGA gazetted as a “Declared Area” for the purposes of the Impounding Amendment (Unattended Boat Trailers) Act 2015.
- Once this has been gazetted, a Public Notice Period will be provided prior to implementation.
- If the new Boat Law is implemented in all or any part of the Waverley LGA, the Council would be able to commence the process to ensure that boat trailers parked in the same spot for more than 28 days are moved. This process would occur in any ‘declared area’ within the Waverley LGA for the purposes of the boat trailer legislation.
Do boat trailers have parking permits?
Under the Permit Parking Guidelines issued by the Roads & Maritime Services released on 28 October 2018, parking permits are not permitted to be issued to a vehicle that is a truck, bus, tram, tractor or trailer (boat or caravan).
What is a boat trailer?
A boat trailer is a trailer constructed for, or used for, the transportation of a boat and includes any boat (including any article that is secured to or in such boat) or other article mounted on such a trailer at the time it is impounded. The legislation does not relate to other types of trailers.
What is the process for Council implementing the new boat trailer laws?
How will Council monitor the boat trailers?
With regard to this legislation, Council will only monitor boat trailers in residential or other built up areas if they have been reported to Council as being in breach of the law. Council will proactively monitor the location during the 28 day period.
How will the new laws affect owners of boat trailers?
If the new laws are applied, in line with the Impounding Amendment (Unattended Boat Trailers) Act 2015, boat trailers can be parked on the road, but must:
a) “move at least every 28 days (or other such period as is specified by the regulations)” if the boat trailer is parked in a Declared Area;
b) “move from the parked location by passing an intersection with another road”.
How will Council determine if a boat trailer has been moved for the purposes of enforcement?
What would Council do if a boat trailer was parked in the same spot in a residential area for more than 28 days?
Council would investigate the matter, attempt to make contact with the owner, advise the owner of the Boat Trailer Laws and request the trailer be moved from its position within 15 days to another location. If there is no evidence it has been moved Council has the power to impound the boat trailer.
What if there are different owners of the boat trailer and the ‘on board’ boat?
If the registered owner of the boat trailer is not the same person as the registered owner of the boat then attempts must be made to notify both owners.
Why is Waverley considering the legislation?
Discourage the nuisance caused by the long-term parking of unattended registered boat trailers on public roads, often by people who do not live in the local area;
Encourage the off-street storage of boat trailers; andFree up on-street parking spaces for local residents.