Can I park across my driveway?

At a glance 

• Parking across your own driveway is sometimes allowed on the road side, but never across the footpath or nature strip 
• Rule 198 applies across Australia and councils actively issue fines, especially after complaints from neighbours 
• On-the-spot fines for blocking driveways or footpaths typically sit between about $100 and $600, with maximum court penalties in the thousands 

Confused about whether you can park across your driveway in Australia? When we canvassed this issue on Facebook last year, there were many differing opinions on what the etiquette – and the law – says about where you can and can’t park. Let's examine rule 198, which determines when you can stop across a driveway and what fines apply in each state. 

First things first – there are a couple of ways you can interpret “park across your driveway”.  

It can mean parking on the apron of concrete that spans from your property to the road and may intersect with a footpath, or it could mean parking on the section of road parallel to your driveway.  

Where the car is parked, and what it is obstructing, is key.

What does the law say about parking across your driveway? 

Across Australia, the key rule is Australian Road Rules Regulation 198, adopted into each state’s own road rules (known as Reg 166 in Western Australia). In plain terms it says: 

• You must not stop in a way that obstructs access to or from a footpath ramp, footpath, bicycle path or passageway, unless you are a bus in a signed bay or legally in a parking bay 
• You must not stop on or across a driveway or other vehicle access to land, unless you are actively dropping off or picking up passengers, you stay with the vehicle and you drive away within two minutes, or you are in a signed parking bay 

NSW, Queensland and other states adopt this wording almost line for line and set a maximum of 20 penalty units for a breach – which currently equates to several thousand dollars if prosecuted in court.  

Most drivers will never see the inside of a courtroom for a driveway dispute, but councils and police regularly issue on-the-spot infringement notices under this rule. 

When can you park across your own driveway? 

The short answer is sometimes, but only in a very specific way – and many people get caught out. On the road side of your own driveway, you can usually: 

• Pull up briefly across your own driveway to drop off or pick up passengers, as long as you stay in the driver’s seat and move on within two minutes 
• Park across your own driveway on the roadway, provided your vehicle is wholly on the road, does not block the footpath or nature strip, does not straddle a yellow line, and you still comply with other distance rules near intersections and crossings 

However, you cannot: 

• Park so that any part of your vehicle is on or over the footpath, including the concrete ‘apron’ where the driveway meets the footpath 
• Park on a nature strip or verge in most built-up areas, even if it looks like an extension of your driveway 
• Assume “it’s my driveway, so I can do what I like” – a misconception that trips many people up 

In many suburbs, the first few metres of your driveway near the kerb actually sit on council land. If you park there and block where the footpath would normally run, rangers can treat it as parking on the footpath. 

Can you partially block your driveway or the footpath? 

From a legal point of view, “a little bit” still counts. Under rule 198, a vehicle is considered to be obstructing a driveway if any part of it is on or across the driveway or way of access. Rule 350 further clarifies that stopping across a driveway includes partially stopping or parking across a driveway. 

That means: 

• If your rear bumper, towbar or bike rack hangs over the footpath, you can still be fined (see below)
• If someone with a pram, mobility scooter or wheelchair cannot get past on the footpath and has to move out onto the road, rangers will generally call that an obstruction 
• Even parking slightly skewed on a steep driveway can land you in trouble if the vehicle projects over the footpath line  

Several state and territory guidance documents, including ACT and Queensland parking guides, warn that vehicles parked on footpaths, including footpaths that cut through driveways, can be fined because they prevent safe pedestrian access. 

So if you need to leave a car in your driveway, the safe rule of thumb is: everything inside your property boundary, nothing over the footpath line. 

Obstructing access: Fines, towing and complaints 

This is where real-world kerbside etiquette meets a pretty strict rulebook. 

How much a fine will cost an offender depends on whether it is issued by police or council rangers, and whether it ends up in court. The NSW Government states a $330 fine for obstructing, while the lowest fine at the time of writing is in South Australia ($97). 

Those landing in a Queensland court could face a maximum penalty of 20 units, or $3338 based on the Sunshine State’s 2025 penalty units. 

Most driveway or footpath fines start with one of three triggers: 

• A complaint from the property owner or neighbour 
• A patrol officer spotting a car blocking the footpath or driveway 
• Targeted enforcement in problem areas, such as beach suburbs or around schools 

Once a complaint is made, many councils will: 

• Check that the vehicle is actually obstructing access, either in person or via a parking officer’s photo 
• Issue an infringement notice under rule 198 
• In some tightly parked suburbs, arrange towing where a vehicle is clearly blocking entry or exit and the owner cannot be located in time 

As Sydney’s Inner West and Waverley councils have shown, repeated community frustration about blocked driveways has led to higher fines and trial towing programs. Inner West Council in Sydney recently doubled its driveway fine to $660 and will tow offending vehicles after a resident complaint, while Waverley Council is trialling towing cars that block driveways and moving from a $300 to $600 penalty.  

If your car is towed, you will usually pay: 

• The original infringement 
• A towing fee 
• Storage charges if the vehicle sits in the holding yard 

It can start to add up to a lot of money for just thinking, “I'll only be a minute.” 

How to deal with someone blocking your driveway 

If you come home and find someone parked over your driveway or across the footpath: 

1. Take clear photos. Capture the number plate, how the car blocks the driveway or footpath, and any relevant signs or markings 
2. Check for exceptions. If the driver is in the car or close by and clearly loading or unloading, a polite conversation can solve it faster than a complaint 
3. Contact your local council or police non-emergency line. 
4. Ask about towing. Some councils will tow a vehicle if it is clearly blocking access and you cannot get your car out, especially if there is a safety or medical reason 
5. Avoid taking matters into your own hands. Blocking the other car in, putting notes on windscreens, or posting photos online might feel satisfying, but it can also escalate conflict and even land you in trouble

Footpaths, nature strips and verges: why it matters 

For walkers, wheelchair users, kids on scooters and anyone pushing a pram, the footpath is their 'lane'. When cars creep over the footpath line or onto the verge, it forces vulnerable people into live traffic. 

That is why: 

• NSW and other states treat blocking a footpath under rule 198 as a significant offence, with fines in the hundreds of dollars and, in some cases, demerit points. 
• Several councils explicitly warn that parking on nature strips or grassed verges is illegal where it obstructs pedestrian access, even if there is no concrete footpath laid.  

Think of the footpath like a bike lane on a busy commute: once you drive or park in it, you are forcing everyone else to merge into faster, riskier, traffic. 

The bottom line 

From an EV-owner’s kerbside charger to a storage spot for a tradie’s ute and trailer, driveways are doing a lot more work than they used to. Rule 198, though, reminds us that it's not just cars that use driveways. When someone blocks access – especially the footpath – the penalties can add up fast. Repeat offenders may find themselves in court and thousands of dollars out of pocket. 

If you want to stay out of trouble, keep every part of your vehicle off the footpath, leave the nature strip clear unless your council explicitly says otherwise, and never assume that a “quick stop” across someone’s driveway will fly under the radar.