Eurobodalla Shire Council rangers stand accused of breaking the very regulations they are employed to enforce.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
That is according to Batehaven lawyer and former police officer Stewart Gray, who describes the situation as the greatest display of overt double standards he has ever seen.
In September Mr Gray wrote to Councillor Alan Morton to alert him of the issue.
“It was most distressing to witness a ranger, from your council, parked in a no stopping zone (outside the Village Centre on September 13) and about 40 metres down the road towards North Street he was writing out a ticket to a person who was also parked in a no stopping zone,” he said.
“Never have I witnessed such stupidity in all my time as a police officer.”
He recommended that either a ticket be issued to the ranger for parking illegally, or the North Street ticket be revoked.
“It was a practical demonstration of council grabbing revenue at whatever the cost,” he said.
“I wasn’t aware that rangers were above the law and I was not aware that they possessed a right to park illegally in these circumstances to issue tickets.”
However, in a letter to Cr Morton dated September 29, council’s general manager Paul Anderson said council rangers were “authorised officers” and therefore, in accordance with rule 307 of the Australian Road Rules, allowed to park legally in no stopping areas while undertaking the course of their duty, if reasonable care was taken.
“In this case,” he said, “I am of the opinion that reasonable care was taken.”
He said council would continue to utilise the powers provided by the law when no other option was available.
“Council rangers provide a valuable service to the community ... and should be provided all appropriate support in undertaking their role.”
However, Mr Gray remained unconvinced and wrote to the Roads and Traffic Authority for clarification.
According to RTA general manager Phil Margison, council enforcement officers have no authority in regard to the Road Rules 2008 legislation, and are therefore not authorised to take advantage of rule 307.
“(Mr Anderson’s) assertion that the offending ranger possessed the relevant power to park in a no stopping zone, so that he could write an infringement notice to a citizen who was parked in a no stopping zone, within the Australian Road Rules, is incorrect,” he said.
“Rangers do not possess their powers or authorisation from the Australian Road Rules, they are a set of guidelines adopted by certain States as law.”
In a letter to Mr Anderson, Mr Gray suggested council consider employing new legal advisers to provide them with more accurate information.
“I don’t know what you take us for but we are not absolute fools and you may think that you can pull the wool over the average ratepayer’s eyes, but let me assure you the public would not agree that it was reasonable for a ranger from your council to park in a no stopping zone to issue infringement notices,” Mr Gray said.
“Please do not treat me like a moron.”
He said rule 307 related to emergency situations: “and I can assure you, it was not an emergency.”
Council was unavailable for comment at the time of going to press.