A man fined for sleeping in his van by the side of the road in Western Australia's north says he is happy the local council will not be pursuing the issue, but he would have preferred to have the matter heard in court.
Michael Harvey from Melbourne received the $100 infringement for illegal camping from the Shire of Wyndham East Kimberley in early August.
He argued he was only resting in Kununurra to avoid driver fatigue, and was prepared to challenge the fine in court.
But at this week's council meeting, chief executive Carl Askew told councillors the matter would not be taken any further because the wording of the offence could be open to interpretation under current relevant legislation.
Mr Askew said the council was careful where ratepayers' money was spent when it came to legal matters.
Mr Harvey, who regularly travels regional Australia building custom-made orthotics for people, said he would have preferred to have taken the matter to court.
"I didn't appeal to the council. I wrote a letter asking for the matter to be heard in a court of law," he said.
"The matter could then have set a precedent to stop this happening again.
"I didn't think the case had merit. In Australia we need to have the right to be able to park on the side of the road to rest and recuperate if you're tired or fatigued."
Uniform laws needed, traveller says
Mr Harvey is now calling for a uniform approach to roadside camping, starting with a national definition of what roadside camping is.
"My understanding is that you have the right to rest up to 24 hours on the side of the road, but when you're camping you're actually putting out a chair or a barbecue," he said.
"But each council seems to be making up their own rules.
"If you have a national law or a definition that is implemented in each state, that would solve the problem."
Tourism operator says decision sets precedent
Kununurra caravan park operator Lee Irvin is disappointed the Shire of Wyndham East Kimberley did not stand its ground.
"I don't agree with the decision council has made. He was within the town boundary. It is a state legislation, not a local law," she said.
"What's the difference between resting at midnight and camping?
"I believe this is setting a precedent for the travelling public to argue that they are resting as against to camping."
