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Is it illegal to drive through empty parking spaces?

Safety Is it illegal Police Urban Hacks
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It is advisable to not drive through empty car spaces in a car park that you're not familiar with. (image: James Marsden)
Iain Kelly
Contributing Journalist
23 Apr 2018
3 min read

No, there are no laws concerning driving through empty car parking spaces, but always remember that a car park could have its own rules.

This is also an example where police could fine you for driving without care or attention, or in a manner either negligent or dangerously, but there is no statutory limitation on how to drive through car parks.

Part of the reason for this is that car parks, either open-air, multi-story, or underground, are generally regulated either by the private owner of the facility, the landowner, or the council (for public carparks).

If you take care to watch for pedestrians and proceed with caution, then there should be no issues with driving through empty car parking spaces.

This is why council rangers, instead of police personnel, issue fines in car parks.

If you take care to watch for pedestrians and proceed with caution, then there should be no issues with driving through empty car parking spaces. However, it is advisable to not drive through empty car spaces in a car park that you're not familiar with as there can be hidden hazards that could damage your car, or force you out of control and into a dangerous situation where people could be hurt, or property damaged.

These unforeseen hazards include speed humps, concrete kerbs or parking bay barriers, drains, or even split-level garden beds.

Striking any of these items at even walking pace could seriously damage your car, or send it out of control into parked cars or pedestrians. It is for this reason you should only cut through empty spaces if you can clearly see ahead of you as, even in a car park you're familiar with, these hazards might have been installed since you last visited.

Police are well within their powers to drive into car parks and stop you if you're driving outside the road rules.

Interestingly, there are no uniform rules from local councils about driving through empty car parks and, although police don't have the power to issue parking fines, they do have permission to enter the car park to fine you for breaking road rules like speeding, driving dangerously (ie: doing burnouts or drifting), racing, driving drunk, or driving unlicensed.

Police are well within their powers to drive into car parks and stop you if you're driving outside the road rules, so the old fable about them not being able to fine you 'on private property' needs to get a rest. If they see a crime being committed, they are duty bound to stop it and punish the perpetrators.

This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.

​Do you cut corners in the car park? Tell us in the comments below.

Iain Kelly
Contributing Journalist
A love of classic American and European cars drove Iain Kelly to motoring journalism straight out of high school, via the ownership of a tired 1975 HJ Holden Monaro.  For nearly 20 years he has worked on magazines and websites catering to modified late model high-performance Japanese and European tuner cars, as well as traditional hot rods, muscle cars and street machines. Some of these titles include Auto Salon, LSX Tuner, MOTOR, Forged, Freestyle Rides, Roadkill, SPEED, and Street Machine. He counts his trip to the USA to help build Mighty Car Mods’ “Subarute” along with co-authoring their recent book, The Cars of Mighty Car Mods, among his career highlights.  Iain lends his expertise to CarsGuide for a variety of advice projects, along with legitimising his automotive obsession with regular OverSteer contributions. Although his practical skills working on cars is nearly all self-taught, he still loves nothing more than spending quality time in the shed working on his project car, a 1964 Pontiac. He also admits to also having an addiction to E30 BMWs and Subaru Liberty RS Turbos, both of which he has had multiple examples of. With car choices like that, at least his mum thinks he is cool.
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