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During the double-demerits period, I found myself travelling down the infamous Parramatta Road which, to those who aren’t from the area, is a major path linking Western Sydney to the CBD.
The road is lined with businesses on each side, which makes it difficult for the local Highway Patrol to sit and catch speeders.
However, this particular Sunday morning, I was greeted with the view of a patrol car sitting out the front of a business, over the footpath, and blocking a garage.
Although the business was closed, it would still be an illegal spot for the general public to stop their car. After pointing this out in a social media video, the general public replied with a mixture of opinions.
"Remember to keep an eye on your speedo and not the road," joked one user.
"Unfortunately it can be dangerous having to keep your eye on the speedometer while focusing on that narrow stretch of Parramatta Road," said another.
So this prompts the question, are the police allowed to park anywhere?
Can the police park anywhere to catch speeders?
In the past, the Highway Patrol has come under scrutiny from the general public for parking in what would be considered an 'illegal spot'.
In 2022, a motorcycle Highway Patrol officer was spotted parked on the footpath in Blakehurst, south of Sydney. Yahoo News reached out to the NSW Police, who later cited a sneaky part of the Road Rules to defend their actions.
"Like all other road users, police must abide by the road rules; however, in some circumstances, police have an exemption under the Road Rules 2014, Rule 305," a spokesperson for NSW Police told Yahoo.
"Officers maintain close proximity to their vehicles for their own personal safety, and in case there is a need to respond to a situation or an emergency."
Further defending the actions of the officer by stating that the road he was parked on, King George's Rd, is often subject to "formal complaints regarding excessive speed".
The road rule NSW Police cited refers to “exemption for drivers of police vehicles”. It states that “provision of these Rules [Road Rules 2014] does not apply to the driver of a police vehicle if the driver is taking reasonable care, and it is reasonable that the provision should not apply”.
The Highway Patrol in NSW came under further scrutiny when a TikTok video pointed out one completely blocking a bike path behind a barrier to catch people speeding downhill at Alfords Point Bridge in NSW during a double-demerits weekend.
There are a number of different laws and fines the general public could receive had they pulled similar stops as the Highway Patrol in these scenarios, such as: Rule 125 “unreasonably obstruct driver/pedestrian” – $330 fine; Rule 198 “obstructing access to and from a footpath, driveway, etc” – $330 fine; Rule 198 (2) “Stop on/across driveway/other access to/from land” – $330 fine; Rule 208A “Not face direction of travel” – $140 fine; and possibly even a no stopping fine that would be a $330 fine or a $423 fine and two demerit points in a school zone.
Can police park on private property to catch speeders?
As for the police parking on what could be considered private property, well, there are a number of nuances to consider. According to the legal book Neighbours and the Law by Nadine Behan, it becomes trespassing when the land occupier asks the police to leave.
“Under the law of trespass, if someone enters the property without permission, you can ask them to leave. If they refuse to go when asked, they are trespassing, and you can use reasonable force to remove them.”
“If a person is invited on to your property, for example for a garage sale or an open-house inspection, and is only entitled to be there for that purpose, their right to remain evaporates as soon as you ask them to leave. A person who enters with a particular purpose (for example, a door-to-door salesman or a neighbour visiting) has an implied right to come onto your property and up to your door. But as soon as you withdraw your consent by asking them to leave, they must do so, as they are now trespassing.”
While the police may be technically exempt from these rules, there have been successful court cases where land owners have sued for officers not moving along. Romani v State of New South Wales was one of those cases where a land owner successfully sued the police for entering her property and ignoring the 'no trespass' signs.
Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.
