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  1. #1
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    Sep 2011
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    Default Vague No Stopping Sign, Successfully Contested a Year Ago

    My question involves a traffic citation from the state of: California

    San Jose, CA 11.36.080 MC No Stopping - Posted

    I received a parking ticket for violating a "no stopping" sign. This area is on a busy street. The curb is unpainted and the sign is vague. I parked behind the sign and no part of my car passed the sign. There are also several cars parked behind me but I am the only one who got a ticket. Past this no stopping sign is another no stopping sign. I assume that the area between the two is the area that is truly designated for no stopping. I have lived in this area for more than 10 years and have parked in the same spot during that time. Other cars have parked there as well. I have received a ticket for the exact same violation in the exact same spot last year but I was able to successfully contest it. This time they rejected my initial contestation.

    Thanks.

  2. #2
    Join Date
    Sep 2010
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    19,696

    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    You were lucky the first time. Barring ARROWS on the sign, it applies to the whole block.

  3. #3
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    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    There are no arrows on the sign.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    Did you get anything more than the denial of your attempt to contest the ticket - an explanation or opinion? Was the philosophy last time, "We'll give you the benefit of the doubt and a break based upon your claimed confusion," and this time, "Weren't you here last year?"

  5. #5
    Join Date
    Aug 2011
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    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    Let's go to the Signs and Signals Bible (aka the California MUTCD) to see what exactly the "No Stopping Any Time" sign means:

    Quote Quoting CA MUTCD 2010 Sec 2B.39
    Standard:
    The NO STOPPING ANY TIME (R26(S)(CA)) sign or Tow-Away NO STOPPING ANY TIME (R26L(CA)) sign shall be used to inform motorists of a No Stopping Zone at a specific location where red curb marking is not used.

    Option:
    The NO STOPPING ANY TIME with arrow (R28(S)(CA)) sign may be used to inform motorists of no stopping zones. Use only where the beginning and ending points of the prohibition are not otherwise indicated.
    And:

    Quote Quoting CA MUTCD 2010 Sec 2B.41 Placement of Parking, Stopping, and Standing Signs
    Guidance:
    At intermediate points within a zone, a single sign without any arrow or appended plaque should be used, facing in the direction of approaching traffic.
    Note that nothing except the "Standard" section is required, and local governments are free to ignore the "tips" provided in the MUTCD to clarify the extent of the zone. Thus, a single NO STOPPING sign indicates an intermediate point within a no-parking zone. It appears that the extent (boundaries) of the zone are defined either by other signs (e.g. green signs, or red signs with arrows) OR by a painted line on the curb.

    Quote Quoting berkana1
    View Post
    I have lived in this area for more than 10 years and have parked in the same spot during that time. Other cars have parked there as well.
    Then you should think of the ($55 or so?) fine as a nominal parking "fee."

  6. #6

    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    berkana1: May I ask to what level(s) you contested your tickets? Admin review, admin hearing, or the court?
    And to whoever who knows: how is the "zone" in CA MUTCD as quoted by quirkquark defined? Must a zone be either the entire street or part of a street? I was ticketed but there is no sign on either side of the entire street, and the closest No Parking sign is some 400 feet away on another street. And that sign says No Parking, but not No Parking in Any Street in This Tract or anything like that.

  7. #7
    Join Date
    Aug 2011
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    South-Central Cali
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    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    Quote Quoting Feng
    View Post
    And to whoever who knows: how is the "zone" in CA MUTCD as quoted by quirkquark defined? Must a zone be either the entire street or part of a street?
    From what the MUTCD implies, a no stopping zone extends on both sides of the "NO STOPPING" sign (with no arrows OR with double arrow) until is terminated by either a colored curb OR a different sign. It doesn't put any minimum or maximum limits on the length of such a zone.

    and the closest No Parking sign is some 400 feet away on another street.
    It's possibly quite legal. The MUTCD on parking, stopping and loading signs/signals is quite complex and I suggest you start your own thread and try to include a map (or Google Street View) so we can better assist you.

  8. #8

    Default Re: Vague No Stopping Sign, Successfully Contested a Year Ago

    Quote Quoting quirkyquark
    View Post
    It's possibly quite legal. The MUTCD on parking, stopping and loading signs/signals is quite complex and I suggest you start your own thread and try to include a map (or Google Street View) so we can better assist you.
    Thx. Pls see http://www.expertlaw.com/forums/show...175#post552175

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