Q5. Can parking spaces with malfunctioning meters be used?
Section 11(2) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) stipulates that in any proceedings related to failure to feed a parking meter, it shall be a defence to prove that:
- you have paid but the meter fails to show the payment; or
- it is not possible to use any approved payment means for the meter.
In other words, yes, legally speaking, parking spaces with malfunctioning meters can be used. However, practically, an enforcement officer may not bother to find out whether a parking meter is in working condition and may just issue a ticket to you if you do not pay for the parking space. In such circumstances, you may find it useful to adopt the Police’s recommendation.