‘Where’s your car?’: Pedestrian divides opinion by reserving car park

A recent video of a man standing in a Melbourne parking space and refusing to leave has emerged online – with commenters weighing in on car parking etiquette and the associated legalities.

The footage, uploaded to the Dash Cam Owners Australia Facebook page, shows a standoff between an unnamed male pedestrian and driver in a laneway in Melbourne's CBD.

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In the video, the pedestrian can be seen gesturing to the approaching driver, telling him, “I’m going to park over here”.

"Where’s your car?” the frustrated driver retorts, to which the man responds: “It’s coming”. 

“No you can’t do this, move away... where's the car? Just go!” the angry driver can be heard saying as he moves his car closer towards the pedestrian, who refuses to move.

Some Facebook commenters criticised the pedestrian's actions, while others encouraged the driver to find another parking spot.

“My mate did this once, got the parking spot only to come back and all four tyres had [their] valves cut off,” one user remarked.

"There should be a law against that," another Facebook user argued.

However, some people took the side of the pedestrian, with one Instagram commenter arguing: "The guy in the car should have some respect and leave. He was there first, it's his, car or not".

While there isn’t a specific road rule prohibiting pedestrians from reserving a car park by standing in it, "unreasonably" obstructing the path of any vehicle is considered an offence across all Australian states and territories – although enforcement depends heavily on context. 

While private car parks have their own specific rules, public areas such as side streets are governed by state and territory parking legislation. 

Under road rule 236 in the Australian Road Rules, pedestrians “must not cause a traffic hazard by moving into the path of a driver” and/or “must not unreasonably obstruct the path of any driver”. 

A Department of Transport Victoria spokesperson confirmed rule 236 extends to car parks, and any offenders found guilty of breaching this road rule in Victoria can incur a $192.31 fine.

“We urge all road users – whether drivers, cyclists or pedestrians – to use common sense when using the roads and sharing it safely with others,” the Department of Transport Victoria spokesperson told Drive. 

A Transport for NSW spokesperson previously told Drive authorities can fine people who obstruct drivers as public car parks technically belong to the state government.

“There are no specific guidelines regarding this type of behaviour in Transport for NSW commuter car park regulations, but NSW Police are able to regulate motorist activity in our public car parks as these sites are NSW Government property,” a Transport for NSW spokesperson told Drive.

“In Queensland, there is no specific road rule that prohibits the reservation of a car space by standing in it,” a Department of Transport and Main Roads Queensland spokesperson told Drive.

“However, transport legislation provides that a pedestrian must not obstruct the path of any driver … creating an unreasonable obstruction can result in a fine of $154,” they added.

In South Australia, a Department of Infrastructure and Transport spokesperson told Drive, “South Australian road rule 230 states that a person cannot stand on the road for longer than necessary to cross it”.

“Doing so incurs a $57 fine and a $99 victims of crime levy,” they added.

According to ACT Police, a "traffic infringement notice could be issued" to anyone found guilty of obstructing the path of a vehicle or a pedestrian.

Guilty offenders residing in the Australian Capital Territory can face a maximum $3200 fine for breaking this road rule.

Western Australian authorities can penalise pedestrians blocking vehicles at a “path or carriageway” – with guilty offenders possibly attracting a $100 fine.

According to local law, Tasmanian authorities can fine pedestrians up to $975 for breaching road rule 236.