'Did you know it was illegal?': Little known vehicle rule confuses Aussie woman

In a tale that seems almost too bizarre to be true, an Australian homeowner has been slapped with a hefty fine that has left her flabbergasted.

This situation also sparked a heated debate about the boundaries of private property rights and local council regulations.


Imagine being fined for sleeping on your property.

It's a scenario that Gold Coast local Belinda recently faced while she slept in her driveway.

Belinda's ordeal began when she was woken up by a council worker patrolling the area.


compressed-Belinda Rose.jpeg
Belinda Lee Rose showed the fine in a video posted online. Image Credit: TikTok/Belinda Lee Rose


'Did you know it was illegal to sleep in your vehicle? Well, it is!' she prefaced.

'I got woken up at 1:30 am. A council worker must have been patrolling the area, and the little weasel must have called the police officer.'

'The two of them were at my door at 1:30 am, and they issued me with this notice,' Belinda shared in a video, showing the fine she received.

The notice for 'unlawful camping in a public place' slapped her with a $806 fine.

According to the Gold Coast City Council, the fine was for illegal camping.

The council defined illegal camping as sleeping or attempting to sleep overnight in a tent or motor vehicle.


The council's spokesperson stated that this includes public spaces like parks, roads, and driveways on public land between a private property boundary and the kerb.

They also mentioned that first-time offenders are usually given a warning and educated on appropriate places to sleep before being asked to move on.

However, the kicker was Belinda was parked on her property, in her own driveway.

'My house is currently in the process of being built, there's only a few things left to do, and yet I'm not allowed to stay in my van,' she explained.

Belinda's story sparked outrage and confusion among Australians.

Several comments expressed their disbelief and frustration over the rule.

'Don't drive tired, but also don't sleep or rest in your car,' one person sarcastically remarked.

'So they tell us to pull up and rest while travelling long distances… How hypocritical,' another agreed.


'So, if I set up a tent in the backyard and camp out with my kids, will I get a fine, too? How is this any different?' a third asked in disbelief.

'What we do on our property is no one's business.'

'Don't pay, take it to court, show you are the owner of the property, make them apologise, and ask them to pay costs for court and your wasted time,' one suggested.

'That's appalling. They shouldn't even have been stepping on your private property,' a commenter agreed.

Watch Belinda Lee Rose's story here:

Source: @belindaleerose/TikTok

Homeowners need to be aware of their local council's rules to avoid fines.

However, it's equally essential for councils to exercise discretion and consider the context before issuing fines.

Belinda's case should be a cautionary tale for all of us.

It's a reminder to stay informed about our rights and to challenge decisions that seem unfair or unreasonable.
Key Takeaways

  • A Queensland homeowner was fined $806 for sleeping in her van parked in her driveway.
  • The woman argued that she was not unlawfully camping in a public place as she was on her property.
  • Several comments expressed their confusion and frustration over the regulations that led to her fine.
  • The Gold Coast City Council clarified their stance, stating that regular patrols are conducted for illegal camping and sleeping in vehicles on public land, which includes driveways on public land between a private property boundary and the kerb.
We would love to hear your thoughts on this matter. Have you ever faced an unexpected fine on your property? How did you handle it? Share your experiences in the comments below.
 

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My goodness this is so bizarre. When I travel from Brisbane to Victoria I’ve slept in my car outside of Police Stations or at petrol stations. I have gone in and ask garage if it’s ok and just to let them know I’m there.
I can’t afford the costs for hotels / motels all the time. I’ve even stopped behind trucks in their truck bays on side of road.
Are they also NO GO places.
More accidents from drowsy drivers coming up.
 
I find this totally laughable when one gets on TikTok to voice their 'shock' at the fine! Why? Because how the hell can faceless, nameless strangers fix this? Seriously grow up stop looking for sympathy and go to the damn council that issued the fine! What is wrong with the society we live in that needs validation from COMPLETE STRANGERS! If they were any dumber I'd need to water them once a week!!
 
This Nanny country is out of touch! Absolutely abhorrent to see such fines being slapped on people. So I’m guessing homeless people are going to be handed out fines to , for being homeless and needing to sleep somewhere!!
If you read it again you will find she was on public property like nature strip which means she can be fined...funny how she has garnered sympathy from strangers who don't know the full story.
 
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Reactions: NotNats
My goodness this is so bizarre. When I travel from Brisbane to Victoria I’ve slept in my car outside of Police Stations or at petrol stations. I have gone in and ask garage if it’s ok and just to let them know I’m there.
I can’t afford the costs for hotels / motels all the time. I’ve even stopped behind trucks in their truck bays on side of road.
Are they also NO GO places.
More accidents from drowsy drivers coming up.
Those rest areas are designated for that very reason, I expect they are trying to keep people from parking on the side of the road as accidents have happened where others have hit parked cars. However, on your own property is a bit different!
 
I take it as a driveway is your own land. Unless I’m still reading it wrong.
No, a driveway usually extends to the edge of the kerb at the road. You are responsible, as a home owner, for maintenance of the footpath area even though that section is legally council land. From the front BOUNDARY to the back and side boundaries of your property is YOUR land and you can do what you like on YOUR property provided it does not impinge in any way on your neighbour’s property (as in plant trees that overhang, destroy fences or push their roots into your neighbour’s land). Correct me if I am wrong but I believe that to be the law in all states. The same goes for council trees that have a similar effect on your property boundaries. They MUST cut any overhang or rectify any root damage THEIR trees may have on your land.

If this woman was sleeping in her car and any part of it (including just the bumper) was outside her property boundary then council and police were correct in fining her but they could just as easily have asked her to move completely inside her boundary - that would have been the more sensible thing to do. Would they have the right to fine me if I came home so drunk that I needed to sleep in my car if I was fully within my property’s boundary. NO, THEY COULD NOT.
 

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