Window washing and other on-road commercial activities

Following the introduction of Canberra’s light rail service in 2019, it has become an offence to engage in on-road commercial activities along specific sections of the light rail corridor.

You can be fined $75 if you are found to be engaging in on-road commercial activities at designated intersections.

1. What are on-road commercial activities?

On-road commercial activities include:

• washing, cleaning or offering to wash or clean the windscreen
• selling or offering items for sale
• displaying an advertisement
• hitchhiking, and
• seeking contributions, employment or business from a person in a vehicle.

2. Where are the designated intersections?

You are not allowed to engage in any on-road commercial activities at the following intersections:

• Northbourne Avenue with Barry Drive and Cooyong Street
• Northbourne Avenue with MacArthur Avenue and Wakefield Avenue
• Northbourne Avenue with Mouat Street and Antill Street
• Northbourne Avenue with Barton Highway and Federal Highway
• Federal Highway with Flemington Road.

Image sourced from the ACT Government

3. Is it illegal to wash windscreens at non-designated intersections?

No, it is only an offence to wash, clean or offer to wash or clean a windscreen at designated intersections along the light rail corridor. If you wash windscreens at a designated intersection, you could receive an infringement notice penalty fining you $75.

If you wash windscreens at a non-designated intersection, this may be considered ‘hawking’. If, in the course of hawking, you hinder or obstruct the free movement of people or vehicles or endanger the safety of members of the public, you may be committing an offence as a ‘hawker’ and fines may apply.

4. What do I do if I receive a fine?

If you receive a fine on public transport you must take action within 28 days. If you do not you will be sent a reminder notice and charged an additional $34. You will then have another 28 days to take action.

When you receive an infringement notice for a public transport offence you can:

1. Pay the fine in total;
2. Dispute liability for the fine in writing;
3. Apply to discharge the fine through an infringement notice management plan (INMP);
4. Ask for the fine to be withdrawn;
5. Apply for a waiver of the fine; or
6. Ask for more time to pay the fine.

You can pay you fine on the Access Canberra website under the ‘pay infringement’ tab here: https://rego.act.gov.au/ regosoawicket/public/inf/ PayInfringementPage

You can apply to:

• dispute liability;
• apply for an INMP;
• ask the fine to be withdrawn;
• apply for a waiver; or
• apply for an extension of time,

On the Access Canberra website under the ‘manage infringement’ tab here: https://www.accesscanberra. act.gov.au/s/article/traffic-and-parking-infringements- tab-overview

5. What is an INMP?

Under an INMP you can apply to pay your fine in instalments or discharge your fine by completing a community work and development program. For more information on an INMP see our factsheets on the Street Law website on Apply to pay in instalment or ‘Completing a work and development program’ which can be accessed here: Street Law Factsheets and Brochures

6. Disputing Liability

If you dispute liability you will need to provide the reasons why you dispute liability and evidence supporting your application. You should only dispute liability if:

• you were not responsible for the infringement; or
• there was no infringement.

If you choose to dispute liability it is possible that you will have to go to the Magistrates Court to sort out the matter. If you lose your dispute you might be convicted of an offence and required to pay the additional costs of going to court.

For more information on disputing liability see our ‘Disputing liability for a fine’ factsheet on the Street Law website which can be accessed here: Disputing liability for a fine

7. Applying for withdrawal of a fine

Reasons a fine may be withdrawn include:

• The infringement ticket issued to you contains an error;
• there is not enough evidence to prove you committed the offence; or
• there were exceptional circumstances.

8. Applying for a waiver

If you apply for a waiver of a fine you will need to provide evidence that:

• you cannot pay the fine; and
• you have special circumstances (eg disability, homelessness); and
• enforcement action (like suspension of your licence) is unlikely to make you pay) and
• you are not able to complete an approve community work or social development program.

For more information on each of these options see our Factsheets on the Street Law website: Street Law Factsheets and Brochures

It is important to deal with your fine of $75. If you do not pay it, you could be charged and receive a larger fine of $1600

For more information feel free to contact Street Law at:

• info@canberracommunitylaw.org.au; or
• 02 6218 7900.