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  1. #1
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    Default Is Blocking the Sidewalk a Parking Violation or a Traffic Violation

    My question involves a traffic ticket from the state of: beaverton, oregon

    I recently received a ticket from a sheriff for parking in a friends driveway (sideways so I was blocking the sidewalk), there was a sign for no parking but I was running in really quick and then leaving.
    The officer gave me a traffic citation. Wouldn’t this be considered a parking citation?

  2. #2
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    Default Re: Parking or Traffic Citation

    Not if he issued it TO you. Did you have to sign for it? Or, did you personally receive it?

    What code section was cited?

  3. #3
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    Default Re: Parking or Traffic Citation

    Quote Quoting Scroggin13
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    My question involves a traffic ticket from the state of: beaverton, oregon

    I recently received a ticket from a sheriff for parking in a friends driveway (sideways so I was blocking the sidewalk), there was a sign for no parking but I was running in really quick and then leaving.
    The officer gave me a traffic citation. Wouldn’t this be considered a parking citation?
    What law did the officer cite you for violating? Most of the state parking law in Oregon is found in Oregon Revised Statutes (ORS) section 811.550. Among the things prohibited by that section are parking on a sidewalk and parking in front of a driveway (it’s not really clear to me how you were parked or what violation the officer charged in the citation). All the parking violations under state law are Class D traffic violations. See ORS § 811.555. Oregon state law does not have a separate category of offense called parking violations. Thus, if you were cited for violating § 811.550, that is indeed a traffic violation. If you were cited for a local city or county ordinance violation, perhaps it might be classified differently.

    What prompts your question? What difference would it make if it were called a parking violation instead of a traffic violation?

  4. #4
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    Default Re: Parking or Traffic Citation

    Quote Quoting cdwjava
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    Not if he issued it TO you. Did you have to sign for it? Or, did you personally receive it?

    What code section was cited?
    He issued the ticket to me. He knocked on the door and asked who was parked there and then wrote out a ticket for a traffic violation rather than a parking ticket. Even though no one was in my car and it was off.

    Quote Quoting Taxing Matters
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    What law did the officer cite you for violating? Most of the state parking law in Oregon is found in Oregon Revised Statutes (ORS) section 811.550. Among the things prohibited by that section are parking on a sidewalk and parking in front of a driveway (it’s not really clear to me how you were parked or what violation the officer charged in the citation). All the parking violations under state law are Class D traffic violations. See ORS § 811.555. Oregon state law does not have a separate category of offense called parking violations. Thus, if you were cited for violating § 811.550, that is indeed a traffic violation. If you were cited for a local city or county ordinance violation, perhaps it might be classified differently.

    What prompts your question? What difference would it make if it were called a parking violation instead of a traffic violation?
    If it is a traffic violation it goes on my record. A parking citation does not hinder my insurance or anything else, but a traffic violation does.

  5. #5
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    Default Re: Parking or Traffic Citation

    And the code section on the citation was ... ????

    Chances are, it's a moving violation. But, it should say on the cite. If it says you have to appear in court, it's probably NOT a parking cite. If it gives you options of how to pay the cite and is issued to the vehicle and not to you, personally (with your identifying info and such), then it's likely a parking cite.

  6. #6
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    Default Re: Parking or Traffic Citation

    Quote Quoting cdwjava
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    And the code section on the citation was ... ????

    Chances are, it's a moving violation. But, it should say on the cite. If it says you have to appear in court, it's probably NOT a parking cite. If it gives you options of how to pay the cite and is issued to the vehicle and not to you, personally (with your identifying info and such), then it's likely a parking cite.
    I do not have the citation in front of me. The ticket was issued to me - not the car. I am confused as to how a parked car is issued as a moving/traffic violation when the car was PARKED and not moving

  7. #7
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    Default Re: Parking or Traffic Citation

    Because someone drove the car and was responsible for putting it where it was - and apparently you admitted to it. If OR is anything like CA, most parking offenses can also be cited as movers as well. The difference may be that the local jurisdiction has passed an ordinance establishing certain offenses as able to be cited for parking offenses. As Taxing Matters points out above, state violations appear to all be traffic (so-called "moving") violations while parking cites may well be limited to local ordinances.

    Once you can provide the code section on the cite, we might be able to enlighten you more specifically.

  8. #8
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    Default Re: Parking or Traffic Citation

    Quote Quoting cdwjava
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    And the code section on the citation was ... ????

    Chances are, it's a moving violation. But, it should say on the cite. If it says you have to appear in court, it's probably NOT a parking cite. If it gives you options of how to pay the cite and is issued to the vehicle and not to you, personally (with your identifying info and such), then it's likely a parking cite.
    It said the citation was: #811.555 illegal parking

  9. #9
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    Default Re: Parking or Traffic Citation

    Here is the offense:

    811.555 Illegal stopping, standing or parking; affirmative defense; penalty. (1) A person commits the offense of illegal stopping, standing or parking if:

    (a) The person stops, parks or leaves standing a vehicle in a place where such stopping, parking or standing is prohibited under ORS 811.550; or

    (b) The person is the owner of an unattended vehicle parked in a place where such parking is prohibited under ORS 811.550.

    (2) Exemptions from this section are established under ORS 811.560.

    (3) A police officer, under authority granted by ORS 810.430, may move or require to be moved a vehicle that is stopped, parked or left standing in violation of this section.

    (4) It is an affirmative defense to a prosecution of the owner of a vehicle under subsection (1)(b) of this section that the use of the vehicle was not authorized by the owner, either expressly or by implication.

    (5) The offense described by this section, illegal stopping, standing or parking, is a Class D traffic violation. [1983 c.338 §668; 1987 c.687 §4]
    Sorry, but it appears to be a typical moving citation.

  10. #10
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    Default Re: Parking or Traffic Citation

    Quote Quoting Scroggin13
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    It said the citation was: #811.555 illegal parking
    That is the violation of the state parking law. And as I told you before, all state law parking vioaltions are a “class D traffic violation”. State law does not have any category called parking violations. How your insurance company may treat the violation, though, is up to it.

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