what's the definition of a parked car
Discussion
I ask this as a follow on to the parking ticket thread.
A parking ticket has to be served to be valid. Presumably an offence has to be being committed during issue of the penalty notice, which presumably is to be illegally parked. So, when is a car not parked?
When you sit in it?, start it up?, put it in gear?, make the car move?,
Thought about this with the parking warden standing in the way so you couldn't move off.
A parking ticket has to be served to be valid. Presumably an offence has to be being committed during issue of the penalty notice, which presumably is to be illegally parked. So, when is a car not parked?
When you sit in it?, start it up?, put it in gear?, make the car move?,
Thought about this with the parking warden standing in the way so you couldn't move off.
Without referring to any particular legislation or cases and off the top.
It has been held that a vehicle with driver and the engine running is being driven.
Such a vehicle though could be held to be waiting and thus an offence committed under a no waiting restriction.
A clearway, which I think was the case in the thread you mention, isn't that a prohibition on no stopping or parking.
However on an Urban clearway which I guess is actually the case on that thread, ie in operation for part of the day, you are afaik allowed to stop to pick up and set down passengers.
or was it a red route? in which case different rules apply as signed.
Regardless I think that the warden standing in front of the car to prevent driving off is sharp practice and worthy of a complaint and appeal.
It has been held that a vehicle with driver and the engine running is being driven.
Such a vehicle though could be held to be waiting and thus an offence committed under a no waiting restriction.
A clearway, which I think was the case in the thread you mention, isn't that a prohibition on no stopping or parking.
However on an Urban clearway which I guess is actually the case on that thread, ie in operation for part of the day, you are afaik allowed to stop to pick up and set down passengers.
or was it a red route? in which case different rules apply as signed.
Regardless I think that the warden standing in front of the car to prevent driving off is sharp practice and worthy of a complaint and appeal.
Take your pick:
A parked vehicle is any stopped and unattended vehicle or any vehicle attended by a driver who refuses to move the vehicle after a request from an authorized University official.(USA)
To put or leave (a vehicle) for a time in a certain location.
To park a motor vehicle: pulled over and parked next to the curb.
parked - that have been left; "there were four parked cars across the street"
Parking is the act of stopping a vehicle and leaving it unoccupied for more than a brief time.
Do not know if there is any precedent that defines it under Traffic Law?
dvd
A parked vehicle is any stopped and unattended vehicle or any vehicle attended by a driver who refuses to move the vehicle after a request from an authorized University official.(USA)
To put or leave (a vehicle) for a time in a certain location.
To park a motor vehicle: pulled over and parked next to the curb.
parked - that have been left; "there were four parked cars across the street"
Parking is the act of stopping a vehicle and leaving it unoccupied for more than a brief time.
Do not know if there is any precedent that defines it under Traffic Law?
dvd
My understanding:-
Loading - engaged in loading. Vehicle stationary, not attended
Setting down - picking up or setting down passengers. Stationary, attended.
Parking - vehicle stationary, unattended (so engine not running)
Waiting - vehicle stationary, attended, not setting down or loading. Engine - either running or not running.
Stopped - vehicle stationary, engine may be running.
DYLs prohibits waiting (and by extension, parking)
Loading - engaged in loading. Vehicle stationary, not attended
Setting down - picking up or setting down passengers. Stationary, attended.
Parking - vehicle stationary, unattended (so engine not running)
Waiting - vehicle stationary, attended, not setting down or loading. Engine - either running or not running.
Stopped - vehicle stationary, engine may be running.
DYLs prohibits waiting (and by extension, parking)
Wait long enough and Von will tell us. I did once ask a traffic warden if I could stop on a double yellow to let someone out, and he said YES.
If I had then continued to stay there, I would say I was parked, and eligable for a ticket. As someone said RED ROUTES are different.
It may well be one of these questions only a Judge can answere, who knows?
If I had then continued to stay there, I would say I was parked, and eligable for a ticket. As someone said RED ROUTES are different.
It may well be one of these questions only a Judge can answere, who knows?
- StreakyWell I got three points for stopping in the wrong place, even though engine was running, and car in first gear ( with foot on the clutch ). I was only stopped for a couple of seconds, ( and not causing obstruction ), but it was long enough. ( This was fifteen years ago, but I still feel bitter about it.
BIG DUNC said:
Well I got three points for stopping in the wrong place, even though engine was running, and car in first gear ( with foot on the clutch ). I was only stopped for a couple of seconds, ( and not causing obstruction ), but it was long enough. ( This was fifteen years ago, but I still feel bitter about it.
Care to enlighten us on this one, sounds intreging.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff