Blocking Traffic

[Halfajap]

I'm inquiring about a couple different things in the California Vehicle Code..

1.) I was hoping someone could possibly give me the correct vehicle code that is being violated when someone is blocking trafic?? For instance if a person was double parked along a curb and traffic is forced to go around said car?

2.) CVC22504(b) mentions that if a car is disabled, then it isn't in violation of CVC22504(a)...but it stipulates this in unincorporated areas. I was wondering if there is a vehicle code that says a disabled vehicle is exempt from parking violations even within city limits?

I hope that wasn't too confusing.. Thanks in advance.

[cdwjava]

Perhaps you can explain what happened and what you were cited for.

- Carl

[Halfajap]

1.) I was hoping someone could possibly give me the correct vehicle code that is being violated when someone is blocking trafic?? For instance if a person was double parked along a curb and traffic is forced to go around said car?

Could this fall under cvc22400?

2.) CVC22504(b) mentions that if a car is disabled, then it isn't in violation of CVC22504(a)...but it stipulates this in unincorporated areas. I was wondering if there is a vehicle code that says a disabled vehicle is exempt from parking violations even within city limits?

I read somewhere that this may be cvc22520(d), but I cannot find that actual code in the vehicle code... it only lists from cvc22520.5 and after... Why?

Perhaps you can explain what happened and what you were cited for.

I'd rather not get into a debate about the specifics or the details of the situation. It's been my experience that when all is said and done, my original questions never really get answered. If it's a matter of not understanding the questions (comprehension - or lack of) then I will try and clarify to the best of my ability.

[cdwjava]

I'd rather not get into a debate about the specifics or the details of the situation. It's been my experience that when all is said and done, my original questions never really get answered. If it's a matter of not understanding the questions (comprehension - or lack of) then I will try and clarify to the best of my ability.

I did not realize that the specifics was part of a "debate." Double parking and obstructing traffic are two very different sections with different elements of the offense and different penalties. There are at least two, and conceivably more, sections that could be cited depending upon the specifics of the offense. THAT is why the details are important- not to mention the specific section for which you are cited.

Well, good luck with an answer. Most of us don't like to go with vague questions and ever-changing scenarios.

- Carl

[Halfajap]

Perhaps you can explain what happened and what you were cited for.

I cannot give you that info because I was never issued a citation... That is why I am asking the questions I asked! I am curious to know what I would have been cited under had one actually been issued.. The only info I can give you is that I was told I was blocking traffic when my car was broken down on the side of the road. Better?

And like I said in my second post, in wanting specifics, my "questions" get forgotten.... I referenced cvc 22400 and cvc 22520(d) and was hoping someone could tell me a simple yes, no, maybe?

[cdwjava]

You could have been cited for 22400(a), but unless the vehicle could have been moved to the side of the road I doubt a court would have upheld it as there would be no intent, no mens rea, so to speak.

And there is no section 22520, gut there IS a 22502(d) that exempts public utility vehicles engaged in operations from having to park with their right side wheels within 18"of the curb.

- Carl

[Halfajap]

And there is no section 22520, gut there IS a 22502(d) that exempts public utility vehicles engaged in operations from having to park with their right side wheels within 18"of the curb.

There is no 22520 ?? Did it get repealed or something? The reason I ask is because in People v. Hernandez(1990) 219 Cal.App.3d 1177 , 269 Cal.Rptr. 21, it states..

"...Having concluded Hernandez was "driving" up until the time his truck came to a complete stop on the freeway, our next inquiry is whether he committed an act forbidden by law or neglected a duty imposed by law. Under section 22520, it is unlawful for any person to stop or leave standing any vehicle on a freeway. One exception is where the vehicle is so disabled that it is impossible to avoid temporarily stopping. (§ 22520, subd. (d).) Hernandez asserts he unavoidably stopped his truck on the freeway only after it became disabled and thus he did not neglect a legal duty under section 22520..."

It is also in Lane v. Jaffe, 225 Cal.App.2d 172, where it more or less defines what a disabled vehicle is...

"...Section 22520 provides in part: "No person shall stop, park, or leave standing any vehicle upon a freeway ... except: (a) When necessary to avoid injury or damage to persons or property.

(d) Any vehicle which is so disabled that it is impossible to avoid temporarily stopping and any vehicle which has been summoned to render assistance to a vehicle or person.

(e) In locations where stopping, standing or parking is specifically permitted..."

If it was repealed/deleted/amended/whatever is there another code elsewhere that replaced it? What would that be..?? Thanks for your replies..

[cdwjava]

Since a "freeway"is included in the term "highway" I suspect that section was redundant and was incorporated into 22400:

22400. (a) No person shall drive upon a highway at such a slow
speed as to impede or block the normal and reasonable movement of
traffic unless the reduced speed is necessary for safe operation,
because of a grade, or in compliance with law.
No person shall bring a vehicle to a complete stop upon a highway
so as to impede or block the normal and reasonable movement of
traffic unless the stop is necessary for safe operation or in
compliance with law.

Apparently 22520 was repealed in 1997. I do not know why.

- Carl

[Halfajap]

I do appreciate your input. Thank you. I'm still looking for something in the vehicle code that specifies it's okay to be illegally parked on the side of the road if your car is broken down, however. The only things I've found is under 22504(b) and 22505(C)(2). CVC 22504(b) is for unincorporated areas only so it is in applicable within city limits. Which leaves only CVC 22505(C)(2), and I'm not sure if that's the code I'm looking for but I think it may only apply to state parks? Can anybody clarify this for me please? Otherwise am I left to believe that you can only break down (without getting cited) when your are in camping out in BFE? CVC 22520(d) covered it, but was repealed in 1997. Leaving it's alternative to be what? Sorry if I'm sounding redundant (I feel like I am) but I don't get it... and really would like to.

[cdwjava]

I don't know what to tell you. If you are legitimately broken down, I doubt you will be cited.

I suspect they may have removed the section to remove a loophole people might have tried to play to leave cars parked where they shouldn't have. Now, it has to be applied on a case by case basis.

Unless it happens to you, there is not much to argue about. But, I have yet to ever see the driver of a car that has been legitimately broken down receive a citation.

- Carl