Few parking disputes are more likely to spark an argument in Australia than finding an open space, only to see a pedestrian standing in it to hold the spot for someone else.
The frustrating manoeuvre may be more than poor parking etiquette, however. In some circumstances, the person blocking the space could also face a fine.
Transport for NSW has reignited debate about the practice after addressing the question online on Tuesday: can a pedestrian legally save a public parking space for a friend or relative?
The transport authority’s response left little room for interpretation.
“Short answer is, no! You can’t ‘reserve’ or ‘mind’ a parking space for your mate,” the department said.
It described the conduct as both irritating and unlawful, while warning that it could also create a safety risk.
“Pedestrians must not cause a traffic hazard by moving into the path of a driver. So not only is it a dodgy move, but it could also see you getting a fine for doing so,” the department added.
NSW Road Rule 236 states that pedestrians must not unreasonably obstruct another driver or pedestrian, or step into a vehicle’s path in a way that creates a traffic hazard.
Few parking disputes are more divisive than finding an empty space, only to discover a pedestrian standing in it and saving it for another driver
As a result, a person intentionally stopping an approaching car from entering a vacant space may be committing an offence, with pedestrians potentially receiving a $94 on-the-spot penalty notice.
Although road rules and penalties vary across the country, drivers are not necessarily without options when someone tries to claim a parking bay simply by standing in it.
Other states and territories have comparable laws dealing with pedestrian obstruction and road safety. What counts as an offence, and the fine that may apply, depends on the jurisdiction and circumstances.
The key legal question is generally not whether someone is physically occupying a parking spot, but whether their actions unreasonably block traffic or create a danger for drivers.
In South Australia, obstructing a driver’s path can attract a $59 fine, along with a $102 Victims of Crime Levy under the Australian Road Rules framework.
Victoria’s Department of Transport similarly warns pedestrians not to create hazards or obstructions, with offenders facing a fine of up to $192.
These provisions can apply on public roads and in car parks, including shopping centre parking areas, although enforcement depends on whether the site is covered by the relevant road rules.
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Different considerations apply to private parking, such as allocated residential or strata spaces, which are usually controlled by property rights, parking agreements and strata bylaws.
Transport for NSW also reminded residents that they cannot take over public street parking by leaving traffic cones or other objects in the roadway.
The warning quickly prompted a lively online conversation, with Australians split over whether saving a space is merely bad manners or a punishable offence.
One commenter said the tactic violated the unwritten rules of parking, but also encouraged drivers to avoid turning the dispute into a confrontation.
‘Holding spots goes against the spirit of parking and luck however of course there could be some reasonable exceptions such as health or disability,’ she wrote.
‘But importantly if someone does do that, drive on as it’s not worth getting annoyed over.’
And it’s not the only seemingly harmless motoring habit that could leave Australians out of pocket.
Drivers have also been reminded that failing to properly secure an unattended vehicle can attract fines, even when they are only stepping away briefly.
Executive Law Group managing partner Jahan Kalantar recently highlighted the little-known rules in a TikTok video, warning motorists that leaving their cars unlocked or unsecured can be an offence in certain circumstances.
Drivers have also been reminded that failing to properly secure an unattended vehicle can attract fines, even when they are only stepping away briefly
While requirements vary between states, drivers who move more than three metres from their vehicle may be required to switch off the engine, remove the ignition key, secure the windows and lock the doors.
The precise obligations depend on the jurisdiction and whether anyone remains inside the vehicle.
‘We’ve seen the law applied in silly situations, like when someone’s paying for gas in the gas station and the cops come and charge them,’ Mr Kalantar said.
In NSW, Queensland and Victoria, breaches can attract substantial maximum court penalties, although the fines typically issued for everyday infringements are considerably lower.
In Western Australia, motorists can face a $50 infringement for failing to properly secure their vehicle.
The rules are intended to reduce the risk of theft, unauthorised use and other safety hazards – but they can catch out drivers who assume a quick stop means they don’t need to lock up.
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