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A Mount Maunganui couple are upset they were fined $100 after council cameras caught them stopped partly on a Marine Parade cycle lane for “about 20 seconds” while waiting for a car park.
The council’s decision to enforce the ticket has been described as “silly andstupid”.
Problems began for Dave and Sue Carreyett when they drove in her station wagon to Marine Parade to have a coffee on January 6.
The CCTV footage of Mount Maunganui resident Sue Carreyett's vehicle partially stopped in the Marine Parade cycle lane waiting to get a park. She was fined $100 for doing so.
They saw a park near the intersection of Commons Ave about to be vacated by another motorist who was putting something in the boot before reversing into the traffic lane.
“We straddled part of a cycle lane for less than a minute and the footage clearly shows my intention to turn to left into the vacant parking slot,’' Dave Carreyett said. The CCTV image shows the vehicle’s left indicator as being on.
“I left enough room for other vehicles to pass my wife’s vehicle without hindrance and also left enough room for any cyclists to pass our car on the inside without having to move into the traffic lane,” he said.
Carreyett was stunned that his wife was issued a $100 stationary vehicle offence infringement notice for parking in a special vehicle lane. The notice stated the offence period was from 12.12pm to 12.12pm and the fine had to be paid within 28 days.
The Carreyetts said they had challenged the ticket but the council advised via email on January 13 that the infringement notice would not be waived.
The email stated that under the Land Transport Act 1008 and Rule 6.6 of the Road User Rule 2004 it was “unlawful to stop, stand or park a vehicle in a lane restricted to a special class or classes of vehicles”.
Carreyett said as a pensioner with 63 years of driving experience, he was “extremely aware” of his driving and safety responsibilities, and he had only straddled part of the cycle lane for a few seconds to ensure he was not impeding other road users.
“Our main beef is the short period involved in this transgression and how close the cycle lane is to angle parking spaces. I was probably stopped for about 20 seconds but I feel the council should have been a little bit more lenient and issued a warning letter,” he said.
“There are no warning signs that indicate to us and other drivers that this cycle lane is classed as a special vehicle lane.”
They paid the ticket on January 21 because the infringement notice stated the fine had to be paid within 28 days even if they wanted to challenge it. They would also have to pay costs if taken to court and lost.
“We would have taken this matter to the small claims tribunal but that would cost us $50 to lodge a claim,” Carreyett said.
Sue Carreyett described the council’s decision to enforce the parking infringement notice as “stupid and silly.”
“It’s clear other motorists would have done the same thing while waiting to go into one of these parking spaces and probably incurred infringement notices for doing so.”
The cycle lane next to angled parking spaces on Marine Parade in Mount Maunganui. Photo / Sandra Conchie
When the Bay of Plenty Times visited the area on January 30, the back ends of two parked vehicles were partly obstructing the same cycle lane.
Other motorists parked in the same parking area as the Carreyetts said they were stunned to learn of the parking ticket including one who said he supported why the Carreyetts disputed the ticket.
A group of Arataki cyclists said they never used this cycle lane because it was so close to the line of parked vehicles. It could be scary at times because of how busy the road was.
The Bay of Plenty Times approached the council about the Carreyetts’ fine, their comments and the photo of parked vehicles partly obstructing the lane.
The council was also asked to comment on whether in its view this cycle lane was in the right place given the potential risk of cyclists’ safety being compromised and/or multiple other motorists being ticketed for the same reason as the Carreyetts.
A council spokeswoman said CCTV footage showed Susan Carreyett’s station wagon was parked in the cycle lane for more than a minute and it was not legal to have done so regardless of the length of time and the reason.
Council environmental regulation manager Nigel McGlone said the council’s parking team monitored the area and took action when needed.
“Enforcement action does require identification through registration plates and assessment of the specific circumstances, and where possible, we can review any identified vehicles and take appropriate enforcement action using our CCTV system.”
Council safety and sustainability manager Karen Hay said Marine Parade on-road cycle lanes complied with national standards. Road users had to exercise caution and courtesy.
‘‘While some cyclists may feel uncomfortable using the on-road cycle lane on Marine Parade, it is well utilised ... and for those who feel less confident or prefer a slower pace, the Marine Parade coastal pathway offers a 4m-wide shared alternative, particularly suited for younger children and more cautious riders.”
Sandra Conchie is a senior journalist at the Bay of Plenty Times and Rotorua Daily Post who has been a journalist for 24 years. She mainly covers police, court and other justice stories, as well as general news. She has been a Canon Media Awards regional/community reporter of the year.
