What can you do if a car is blocking your driveway?

Perhaps one of the most frustrating things that can happen to you as a motorist is someone blocking your driveway.

It can leave you trapped at home, or with nowhere to park yourself when you come home, if you live in a busy area with limited or no on-street parking.

Earlier this month, the Sydney Morning Herald reported on a resident of Bondi in Sydney's east who was "disgusted" by the inaction of her local council and police after a vehicle was left parked blocking her driveway for more than a day.

The resident claims the local council said it was unable to help other than to issue a $320 fine, and that all the police did was confirm that the car was registered and not stolen.

"I rang Bondi police, and they said it's not their issue, it's a council issue because the car is on council land," Bronwyn Courtenay told the newspaper.

"They said I'd have to organise a tow truck to move it and pay for it. Why can't council just tow it away to the depot and have the registered driver call police, and the invoice is put on his windshield for when he picks it up?"

Waverly Council eventually had the vehicle towed, leaving the owner of the vehicle to pick up the bill.

However, with dangers such as emergency services not having clear access to your house, the inability to access your car and mobility access issues for disabled people, it begs the question – what can you do when a car is blocking your driveway?

There's not a whole lot you can do when it comes to removing a car blocking access to your driveway. The legislation makes it difficult to remove vehicles yourself since they are blocking private property and not an actual roadway.

In some states it's a complicated process, while others have a straightforward approach.

In New South Wales, you must call the police on the non-emergency line 131 444 or contact your local council.

However, only the police have the power to remove a vehicle and contact its owner.

The issue has arisen so often that the NSW Government has released a 12-page document to local councils outlining what should be done in the event of blocked access. The document gives landowners and strata management multiple ways to legally handle a vehicle blocking an entrance.

"If the problem of vehicles obstructing driveways is causing serious concern to a landowner, the person should initially raise that matter with their local council so that a review may be carried out by the council of ways for resolving that problem."

As mentioned in the document, no legislation allows your local council to remove a car even if it is blocking a driveway.

Instead, parking inspectors will need to call the police to authorise a tow truck under clause 39 of the Road Transport (General) Regulation 2013, which gives the attending officer the power to impound a vehicle if is an “unreasonable obstruction”.

Strangely enough, only the council in Kings Cross is permitted to remove vehicles to the same power as police officers as per clause 43.

Residents do not have the power to have a vehicle towed by a private company.

In Victoria, you will need to contact the local council. If it is out of business hours, you can contact the police on the non-emergency line (131 444) to move a vehicle blocking your driveway.

The legislation is a little more straightforward. The Road Safety Act 1986 – Section 63A states: "A police officer may move or cause to be moved a vehicle which is parked or left standing in front of a right-of-way, passage, or private drive".

"A council may move or impound any vehicle that is causing an unlawful obstruction, or that is unlawfully parked or left standing in an area designated by the minister and may charge the owner of the vehicle," it says.

Residents do not have the power to have a vehicle towed by a private company.

In South Australia, if a vehicle blocks your driveway, your first point of contact should be your local council. It will lodge an investigation, fine the driver and contact them to move the car.

In circumstances where the vehicle is blocking the drive, the council and police can authorise the vehicle to be towed and impounded.

As the Adelaide Hills Council website states: "Vehicles will only be impounded as a last resort after all efforts have been made to locate the owner and have them remove the vehicle".

Residents do not have the power to have a vehicle towed by a private company.

If someone is parked across your driveway in the Australian Capital Territory, the local council should be your first point of contact.

The ACT bases whether the vehicle will be towed on the level of risk associated with where it is parked.

Access Canberra's Parking Infringement Guide states: "When this kind of illegal parking is reported, Parking Operations' response is dependent upon the level of risk posed".

Parking across a driveway falls into the 'high-risk' complaints category. Parking operations will immediately react, and if they are not available, police may be called.

It is likely that a fine will be issued and the car removed immediately; however, residents do not have the power to have a vehicle towed by a private company.

Local councils in Tasmania have the power to remove vehicles causing an obstruction to the entrance of a driveway.

Added in 2019 to the Roads & Jetty Act 1935, section 48B states: "A road authority may move, keep or impound any vehicle (and anything in, on or attached to the vehicle) that has been left standing in an area in which in the opinion of the road authority the vehicle is obstructing the free movement of traffic on a road or from a driveway".

Your first point of contact will be your local council. However, if it is unavailable, you can call the non-emergency police line at 131 444.

Residents do not have the power to have a vehicle towed by a private company.

No immediate action can be taken to remove a vehicle blocking a driveway besides the council issuing a fine and attempting to contact the owner.

Much like in New South Wales, there is no legislation that directly allows the council to remove a vehicle via towing if it is obstructing access to a driveway. Road Rules 2009 – Regulation 198 only specifies that the council can issue a fine.

However, some local councils may still have the power to remove a vehicle. Therefore, that should be your first point of contact. For more urgent enquiries, you will need to contact the police on the non-emergency line (131 444) to have a vehicle that is blocking your driveway.

Residents do not have the power to have a vehicle towed by a private company.

Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.

Read more about Zane Dobie