The issue of when ‘resting’ in your vehicle after a long drive becomes ‘illegal camping’ is back in the spotlight after a startled traveller was slapped with a $100 near Kununurra in Western Australia.
Melbourne-based clinician, Michael Harvey — who has been travelling regional Australia for years building custom-made orthotics — arrived in the northern town at around midnight one day last week. As he was very tired, he parked up in his van on the outskirts of town … before he got a knock at the door at about 6am.
“It was the ranger and he told me I am not allowed to camp there,” Mr Harvey told the ABC. “I said I don’t agree with that. I’m resting, which is not camping, and secondly I’ve been informed you’re allowed to rest up to 24 hours and it’s not considered a breach on major roads in most places unless there are parking restrictions.”
Mt Harvey was – and still is – convinced that he was entitled to do what he did … and her won’t be paying any fine without one awfully big fight. Mainly, he said, he was concerned about the message the council was potentially sending drivers who chose to rest on the side of the road.
“Because you might hit kangaroos you might have roadworks you might have other traffic on the road that is driving very slowly, you cannot predict where you’re going to get tired,” he said. “You cannot predict where you’re going to be at the end of the day.”
The ABC reports that rules for people sleeping or resting in their cars differs from state to state and according to different local government by-laws.
A spokeswoman from the Shire of Wyndham East Kimberley where Mr Harvey was fined said the council was unable to comment on the specific case as the infringement was subject to appeal.
She told the ABC that the local Caravan Parks and Camping Grounds Act 1995 states that, when camping at a spot other than at caravan park or camping ground, a person could for up to 24 consecutive hours in a caravan or other vehicle stop on a road reserve in an emergency “unless to do so would cause a hazard to other road users or contravene any other written law with respect to the use of the road reserve”.
A spokeswoman for the WA Road Safety Commission said drivers needed to manage their fatigue as well as plan their trips.
“It is about managing fatigue on long trips and we want people to stop and make sure they get that rest,” she said. “We want everyone to get from A to B safely and part of managing that fatigue is planning your trip so you do have regular rest breaks and that you are in an appropriate position to sleep.”
I have a standard form that I made up for the person that forces me to move after I have taken medicine or I am tired would be responsible for any mishap, WE do not camp in towns but outside a fair distance they would need a tow truck to move me. So far so good no fines.
Hi Rudy. Do you have a copy of that form that you could share. Thanks.
Form. Xx arhhh typing not the best this time of the morning
Well sounds like a over excited ranger to me, that should do wonders for tourism in Kununurra.I dont know what anybody sees in the place anyhow.With all the publicity about youth crime in the streets,break and enters and assaults in Kununurra thats all they need, a ranger with no common sense.Ah well another place to drive thru. Cheers Stevo.
Im as free as the breeze…and go where I please .!
I pull down the blinds and ignore any fines…!
I abide by the rules..but dont suffer fools..
I keep out of danger…and stay clear of the ranger.
Cheers.
Why then don’t truck drivers get fined for stopping in rest areas to sleep same principle
Graham Odgers, Heavy vehicle (truck and bus) drivers are obligated by law to stop and rest for a minimum of time after driving a maximum period of time, I.E a minimum of 15 minutes rest in any 5 1/2 hours, 30 minutes in any 8 hours, 1 hour in any 11 hours and 12 hours rest in 24 hours with 7 hours of that 12 hours must be in a single block, these are standard hours, this is why they don’t get booked, they get huge fines if they don’t stop and rest, and they are not given any grace on these times, I know 3 minutes over can cost over $300.
Years ago, I had the opportunity to visit the U.S. Caribbean on a cruise. One of the stops was the island of St. Thomas. This island is a major tourist destination, it’s streets filled with shops selling lots of things tourists love to buy.
But, I’m not a shopper. So, while my wife went about buying souvenirs, I wandered along, looking at the buildings and the water. One of the ‘hawkers’ (those people paid to lure you inside the stores) asked me to come into the store he was representing. I politely said “No thanks. I don’t like shopping.”
“What are you here for, then?”
Apparently, to his mind, shopping was all St. Thomas had to offer and my money was all they were interested in…
I think of this now, every time I see these narrow minded councils pushing the Caravan Park Agenda. Their message is clear, “if you won’t stay in the park, don’t come. It’s all we have to offer.”
We bought our van and chose the one we have, so that we wouldn’t have to stay in parks. Not because we can’t afford it (though at the prices some of these parks ask, we couldn’t afford any extended trip). We just prefer a different lifestyle.
If I were a business owner in these areas (excepting the caravan park owners), I’d be angry at these councils that ignore anyone other than the parks. If I go to an area, I’ll buy fuel. I’ll buy supplies. If I don’t have to break my budget in a park, I’ll eat out at a local restaurant or pub. I’ll visit the local sights.
I’ll still do all those things. Only, now, I’ll skip places like Gladstone and Kununurra. Obviously, the local Caravan Park is the only thing on offer that is worth being there for. And, if I’m not willing to stay in the Park,
“What would I be there for?”
Well if you can.t even rest just bypass the town if that’s how they treat visitors. Keep heading east. Nothing in Kununurra worth stopping for anyway like much of WA. Mr Harvey you go and put up a good argument, you.ve done nothing wrong.
46% of all Australia’s exports come out of Western Australia.
50% of the grain grown in Australia is grown in Western Australia.
Nothing to see eh! You must be blind Ando
Hi Rob Jones
Not blind. Lived in WA for 10 years. Saw more of it than most people ever will between driving roadtrains and field service on heavy equipment all over the state. Nothing spectacular over there.
Only Karijini and Cape LeGrand maybe Fremantle. Other than those you are right it is not worth the hassles or the cost of fuel.
Well said Rob! Unfortunately SOME people are narrow minded & have never been to the area they comment so freely about….WA is a great place with so much to see that if you traveled for a lifetime you’d still not see it all!
Having actually lived in the Kimberley for 11 years including Wyndham in the late 1970’s, I feel qualified to say that those who pass through this area without stopping only to spend winter in caravan parks in Broome are seriously missing out on the true Kimberley experience!
Obviously never been to Kununurra & probably has never travelled to WA.
WA has lots to offer mate and is a gorgeous state. Dont like it well dont go there
Michael Harvey was tired and needed to rest, that is an emergency. Had he kept driving he would have been a road hazard and could have caused an accident and maybe kill someone.
I agree. Kununurra does have lots to offer and c/van parks as well BUT when your tired your stuffed good and proper. Its not like you want to camp on side of road permanent is it. You pull over rest up cause your eyes and mind cant keep working. You cant always PLAN your trip to be in a towns c/van park.
“Rest areas
There are just over 450 rest areas available all year round for you to stop at as you travel along Queensland roads. Rest areas are a place where you can stop and rest, making your journey safer and more enjoyable.
You can stop at a rest area for up to 20 hours but they are not long-term camping sites. Check with the authority responsible for the relevant rest area for more information.
The Guide to Queensland Roads will tell you which authority to contact”.
I believe the main bitch is by caravan park operators against those who choose to rest withing a certain distance of a town/city. In some case those last 10 kms could be the difference between life and death.
Not in Bowen rest area opposite the Info Centre. You can sleep in your van during the day, BUT pull up at night & a council ranger will offer a fine. We put Bowen on our Do Not Visit some years ago.Home Hill is only just up the highway & they greet you with open arms & one of the best free camps anywhere
Definitely worse along the coastal areas. Not bad inland. R.V Friendly. Give ya up to 48-72 hr spots. Stop REVIVE ,& Survive Is the motto! !!!!!?? P.s Don’t leave ya rubbish.
As an expat kiwi out of Victoria two and a half yrs retired “you beauty!” and all the ratbags and ex back in NZ “you beauty!” on my second road trip early last year l was between the NT and the QLD east coast I miscalculated my time to my next stop and pulled off into the long grass after dusk , A quick cuppa and bite laid the front seat back and was asleep in seconds ,A couple of hours later a police officer pulled up and called out to see if everything was okay l sleepily waved back fearing the worst . He waved back again and drove off l realised he was only interested in my wellbeing so a big thank you not only to that QLD officer but all police right around OZ so until I see you all out there again early next year kiaora bro’s!!
Did this man do any harm? No. Oh, maybe against some greedy caravan park owner. So if this is the case please remember, the grey nomad community have photo memories and will bypass your town. My next “lap” wont include Kunnunara….in fact I’ll miss the whole area. I’d like to see those counsellors predict their tiredness. Powernaps are encouraged by police.
Seriously, he arrived in Kununurra at MIDNIGHT… There are dozens of rest areas that he could have stopped at 100’s of kays (and several hours) before getting into town and, more importantly, getting into the area where the local council starts posting signs warning that roadside camping isn’t permitted.
Sounds like a beat up to me.
I agree. What a load of rubbish that you can’t predict where you will end up each day – poor planning. Worried about roos – then get off the road a lot earlier. Beat up alright.
AlanC
A rest stop is a rest stop. Regardless of where it is and how many km of open country there is before and after it. The chap in this article may have intended to keep travelling past kunnarra but was too fatigued to keep driving. Also it may have been wet along the “100s of kays” stopping on road verge = getting bogged and the “dozens of rest areas” may have been full. Sounds like real possibilities to me
Nice and easy pulling over in a big flash van. For those traveling in canvas it is nigh on impossible to have a decent rest. The moment a tent goes up (if you can find somewhere suitable) every thinks you’re a backpacker
I have a queztion regarding number pates and the heivht they are being fitted to caravans at the manufacturer. We have had our van for 6 years and have travelled 1.5 times around Australia and lots of places in-between. We have been pulled over for van checks along the way in which I reckon are a good thing but on driving through the NSW town of Narrabine on a van check this July we were fined $112 for the number plate not being the correct height. The height is apparently no more than 1300cm and our original plate from the manufacturer was 1700cm. Has anybody else had issues with this situation?
Whats become of this country our forefathers fought a war to stop this , can’t even rest in your car in the outback what a load of rot i won’t travel anymore
Stop, Revive, Survive!!! What part of this is not self explanatory, road works, slow moving traffic, sure plan your trip but things happen, when your tired your tired. To go on is just plain stupid if a micro sleep kicks in which only takes a second or two the outcome can be disastrous. Perhaps if the caravan parks kept some permanent residents instead of getting rid of them to squeeze as much money as they can out of the travelling nomads they would be a bit more tolerant of free camping or travelers just getting a rest without there pockets getting lined for being able to park and have a sleep. To me it’s a money grab from either the council or caravan park, which makes Stop, Survive, Revive a bit of a joke really!!
It’s not like he had the awning and deck chairs out sucking on stubbies. Thats Camping!!! . He was Fatigued and Resting, that’s Not Camping.!!
Go to a Caravan park at midnight…. ha ha…..what sort of reception would u get there?
Seem like a can park prank to me maybe the parks drop the prices a bit in the season more will stay instead it a RIP off in the season I will travel off season next Time and camp at all the free camps
If Kununurra was not his final destination he was not camping he was resting which is legal anywhere in Australia, because in all states any territories it is a offence to drive a motor vehicle whilst affected by fatique.
If Kununurra was not his final destination he was not camping he was resting which is legal anywhere in Australia, because in all states and territories it is a offence to drive a motor vehicle whilst affected by fatique.
Maximum REST TIME permitted , yes on the East coast.at R ,R Survive Stops., is only a meagre 2 odd hr . If you appear to be over staying camping. Recuperate any longer. and a penalty will be forthcoming. A quick pic of your vehicle, and if the cleaner sees u the next day thr7 the lens. a Fine will result, Rest while driving
We do have a responsibility to comply with signage re all facets of road use.
My gripe is the road authority’s Not providing enough rest areas.
If I pull over somewhere & my awning isn’t out & my chairs aren’t out, I’m not camping. I’m just taking a break from driving. Maybe I’ve also had to take some medication which says you shouldn’t drive so I may be there for 8hrs.
When a councillor starts quoting laws etc, it becomes quite clear that their focus is solely on money. It’s not just councils that should be questioned on matters such as this, but chambers of commerce.
It’s these bodies that have lobbied exhaustively to influence local, state and federal politicians to eliminate free camping all together.
How many vanners have tried to book in to a park at mid night, those who have tried I will bet they were not too successful?*
I tried to book-in at a Bourke caravan park at 5.50.pm only to be told that they were closed. Try the free camp at May’s Bend.
If you are tired, unwell or whatever reason you need to pull over for safety and the local caravan park is full has anyone enquired at the local police station to obtain there advice on a solution
I.e. where to stay. Many thanks