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  1. #11

    Default Re: "Parked In-Between No Parking Signs"

    Quote Quoting cdwjava
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    As i said originally, he doesn't lose anything more (than time) by contesting the cite. I suspect he'll lose, but, he won't know unless he tries.
    I can testify to that. if you don't think you did it fight it.

  2. #12
    Join Date
    Sep 2013
    Posts
    127

    Default Re: "Parked In-Between No Parking Signs"

    What I see is a situation where it is open to interpretation.

    average traffic lane width is 9 to 12 feet in the US, when there is space past where the right side solid line would be it is considered a parking lane. No stopping/standing signs normally apply to the traffic lane, not the parking lane. Between 6pm and 7am, (no parking time) you are at fault for being there, so your loss. Often when you get a situation where nobody gets a ticket, then suddenly everyone does, it's because the city needs money.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,255

    Default Re: "Parked In-Between No Parking Signs"

    That makes no sense whatsoever. California law certainly doesn't make a distinction between the "lane" and the parking position within it. There's something wrong about this signage.

  4. #14
    Join Date
    Sep 2013
    Posts
    127

    Default Re: "Parked In-Between No Parking Signs"

    Quote Quoting flyingron
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    That makes no sense whatsoever. California law certainly doesn't make a distinction between the "lane" and the parking position within it. There's something wrong about this signage.
    Not really anything wrong with the signage. The no parking 6pm-7am Wednesday street cleaning sign means parking is allowed any time except between the hours of 6pm to 7am on Wednesdays, the no stopping signs mean you can not stop in the traffic lane to drop off or pick up passengers. No stopping and no standing signs only apply to traffic lanes, not where parking is allowed.

  5. #15
    Join Date
    Sep 2010
    Posts
    19,255

    Default Re: "Parked In-Between No Parking Signs"

    You keep saying that, but it doesn't change the fact that the California Vehicle code neither states nor implies what you are saying.

  6. #16
    Join Date
    Sep 2013
    Posts
    127

    Default Re: "Parked In-Between No Parking Signs"

    All you need to do is look up the meaning of the signs.

  7. #17
    Join Date
    Sep 2010
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    19,255

    Default Re: "Parked In-Between No Parking Signs"

    Look up where? The California Vehicle Code defines STOPPING and PARKING thusly:

    “Park or parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

    “Stop or stopping” when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.

    Tell me which one of these makes a distinction as to whether you're at the curb or in the center of the lane?

  8. #18
    Join Date
    Sep 2016
    Posts
    3

    Default Re: "Parked In-Between No Parking Signs"

    Hello, thanks for taking your time to help me out with this. Just to clarify no parking time is 6am - 7am ON WEDNESDAY, i was there 8am to 1pm on a Thursday.

    So if i was not there during those time, which i wasn't, i was legally allowed to park there. Correct?

  9. #19
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: "Parked In-Between No Parking Signs"

    To expand a bit on cdwjava's statement and flyingron's definitions, and stopping are not the same thing. Parking is defined by VC Sec. 463,
    Quote Quoting California Vehicle Code, Sec. 463
    "Park or parking" shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
    As you can see, parking does not include acts of loading and unloading a vehicle.

    Stopping, on the other hand, is defined by 587,
    Quote Quoting California Vehicle Code, Sec. 587
    "Stop or stopping" when prohibited shall mean any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.
    A prohibition on stopping does include the loading and unloading of vehicles.

    A prohibition on stopping has absolutely nothing to do with whether you are stopped in a traffic lane or alongside the curb.

    As cdwjava indicates, the fact that a restriction is not regularly enforced in a particular stretch of road does not mean that restrictions on parking or stopping cannot be enforced, or that the signs can safely be ignored.

    If you investigate, I expect you will find that the two signs were parked in relation to two different ordinances, with nobody considering whether or not it was necessary to post a parking restriction on a stretch of road where a no stopping restriction was already in effect.

  10. #20
    Join Date
    Sep 2010
    Posts
    19,255

    Default Re: "Parked In-Between No Parking Signs"

    There are no "ordinances" that apply here. SF law on this as I stated messages ago defers to the definitions as placed in the vehicle code. There's probably some historical reason for the conflicting signage, but it's not rooted in either local ordinance or state law.

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