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Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4755 ..

MS HORODNY (6.25), by leave: I move:

Page 4, line 27, after proposed section 150G insert the following section:

"Parking of heavy vehicles - restriction on numbers to be parked and times at which parked

`150GA. (1) A person shall not park on residential land more than 1 heavy vehicle.

`(2) Subsection (1) does not apply to a vehicle of the kind referred to in that subsection if -

(a) the parking of the vehicle on the land was such as was reasonably necessary to avoid a contravention of this Act or of another law in force in the Territory; or

(b) the parking of the vehicle was for the purposes of the delivery or collection of persons or goods or in the course of the provision of services;

and the vehicle was not permitted to stand on the land for a period longer than was reasonable in all the circumstances.

`(3) A person shall not, except in an emergency, park or operate a heavy vehicle on residential land before 6 am, or after 10 pm, on any day.'.".

There is no new intent in this revised amendment No. 5; it just improves the wording by adding "before 6 am, or after 10 pm,". This amendment reflects our concern that too much detail regarding the rules on truck parking is being left to the code of practice, thus enabling existing truck operators to seek exemptions from the rules. We believe that the rules regarding the number of vehicles to be parked on a block should be fixed in legislation. We note also that the Government's rules state that the limit on the number of trucks that can be parked would apply to both new and existing operators, so we see no need for it to be in the code of practice.

We have also included a subsection on the times at which trucks can enter or leave residential land. This is one of the most contentious issues in the truck debate, and we believe that it is important to make it absolutely clear in the legislation what the rules are. In our amendment, we have used the operating hours proposed by the Government for new operators. We believe that all truck operators should be required to operate at reasonable hours and that existing operators should not get exemptions from this rule.

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