The Legal Light Justin Stack The law on parked cars blocking your driveway Someone has parked across my driveway, blocking my car from getting out. What are my rights to get the vehicle removed? Do I call either the police or the council and get them to tow the vehicle away? It is one of the most annoying aspects of parking in suburbia, but Chris Morris at Stacks Law Firm says the law on getting a parked vehicle that blocks your driveway moved isn't as clear as it should be. "Legislation that covers parking makes it difficult to do anything yourself, because the road belongs to the public, while the driveway does not. It is against the road rules to park a vehicle so it blocks access to a driveway, but getting the vehicle removed is not easy," Mr Morris said. Road Rules consolidated regulations 198 says a driver must not stop on a road where it obstructs access by vehicles or pedestrians to a footpath, ramp or driveway. The maximum fine is a penalty of $2,200. But ring your local council, which has parking inspectors going around issuing fines, and they will tell you they don't have the legal power to have the offending vehicle towed away. NSW Road Transport laws do not allow a council to remove a vehicle blocking your driveway or anywhere else, except for some strange reason in Kings Cross, where council officers can tow away vehicles in areas marked "tow away area". In NSW you have to ring your local police station and ask them to have the offending vehicle towed away. But don't hold your breath. It can take time. Under NSW Road Transport (General) Regulation section 39, police may seize a vehicle or trailer that is a danger or "unreasonable obstruction" to traffic. However, "traffic" does not necessarily include a private driveway. Before doing anything about the offending vehicle, police must try to contact the owner and ask them to move it themselves. If that fails, police can have the vehicle towed and impounded. Meanwhile your driveway stays blocked and you can't drive to work, take the kids to school or go shopping. The issue has arisen so often that the NSW government has produced a 12-page document to councils, outlining what should be done if vehicles block driveways or obstruct strata property. It advises landowners to ask the council to carry out a review for ways to resolve the problem. Meanwhile many drivers are being caught by a little-known road rule which says you can't park in front of your own garage if it partially blocks a footpath. Councils can fine the vehicle owner $330 for this. STACKS LAW FIRM Joshua Crowther Specialist in Wills, Estates & Wealth Protection 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack The law on parked cars blocking your driveway Someone has parked across my driveway , blocking my car from getting out . What are my rights to get the vehicle removed ? Do I call either the police or the council and get them to tow the vehicle away ? It is one of the most annoying aspects of parking in suburbia , but Chris Morris at Stacks Law Firm says the law on getting a parked vehicle that blocks your driveway moved isn't as clear as it should be . " Legislation that covers parking makes it difficult to do anything yourself , because the road belongs to the public , while the driveway does not . It is against the road rules to park a vehicle so it blocks access to a driveway , but getting the vehicle removed is not easy , " Mr Morris said . Road Rules consolidated regulations 198 says a driver must not stop on a road where it obstructs access by vehicles or pedestrians to a footpath , ramp or driveway . The maximum fine is a penalty of $ 2,200 . But ring your local council , which has parking inspectors going around issuing fines , and they will tell you they don't have the legal power to have the offending vehicle towed away . NSW Road Transport laws do not allow a council to remove a vehicle blocking your driveway or anywhere else , except for some strange reason in Kings Cross , where council officers can tow away vehicles in areas marked " tow away area " . In NSW you have to ring your local police station and ask them to have the offending vehicle towed away . But don't hold your breath . It can take time . Under NSW Road Transport ( General ) Regulation section 39 , police may seize a vehicle or trailer that is a danger or " unreasonable obstruction " to traffic . However , " traffic " does not necessarily include a private driveway . Before doing anything about the offending vehicle , police must try to contact the owner and ask them to move it themselves . If that fails , police can have the vehicle towed and impounded . Meanwhile your driveway stays blocked and you can't drive to work , take the kids to school or go shopping . The issue has arisen so often that the NSW government has produced a 12 - page document to councils , outlining what should be done if vehicles block driveways or obstruct strata property . It advises landowners to ask the council to carry out a review for ways to resolve the problem . Meanwhile many drivers are being caught by a little - known road rule which says you can't park in front of your own garage if it partially blocks a footpath . Councils can fine the vehicle owner $ 330 for this . STACKS LAW FIRM Joshua Crowther Specialist in Wills , Estates & Wealth Protection 02 6592 6592 taree.stacklaw.com.au Partners in life