So I got a parking ticket in the post

[jonnyk5614]

Queue me spending an hour trying work out how to get out of it.

Context - I was in an empty bus lane, no yellow line, stopping for 30 seconds to check directions on my phone (back wheel to curb, engine off, stand down - no mobile phone offence here!).
Overzealous parking warden jumps out of no-where, snaps photo of me on bike and says "fine in the post or do you want to wait for it?".

So, the offence according to the ticket:
Being a driver or person in charge of a vehicle did stop [sic] stand or park the vehicle in a lane restricted to a specified class or classes of vehicle without belonging to that class.

My loop-hole defence is simple. The bus lane in question is restricted to "Section 1.6 Land Transport (Road User) Rule 2004 states:
"bus lane means a lane reserved by a marking or sign installed
at the start of the lane and at each point at which the lane
resumes after an intersection for the use of—
(a) buses; and
(b) cycles and motorcycles (unless either or both are specifically
excluded by the sign)"
A motorbike is not "without belonging to that class".

Obviously they fucked up the legislation.

That said though, Auckland Transport don't seem to have noticed either, their website stating:
"Vehicles must not stop or park in any bus or transit lane unless they are permitted to use the lane or the vehicle is an emergency vehicle (ambulance, police car, fire engine etc.) that is being used in an emergency and is operating its beacons."

I noticed another fuck-up though.

A motorbike is:
"(a) means a motor vehicle running on 2 wheels, or not more
than 3 wheels when fitted with a sidecar; and
(b) includes a vehicle with motorcycle controls that is
approved as a motorcycle by the Director; but
(c) does not include a moped"

So mopeds aren't motobikes.
Motorbikes, cycles and buses can use bus lanes.
Therefore, mopeds technically can't even drive in bus lanes.


Sigh...... the land transport act. Riddled with errors.....


And just to add to the general incompetence, the "Lane Bus" road marking actually reads "Lane ɒﻞS".

Lastly, the comprehensive list on Auckland Transport's website has no mention of "Lower Albert Street" bus lane.


Lol - let's see if get off. If I do, I can park in every bus lane :D

[Swoop]

Send them the relevant defence for this fine.

Also, include an invoice for your wasted time due to the ignorance of the parking nazi.

Next time, just stab the parking fuckwit and leave him bleeding in the moonlight.

[Gremlin]

Well, you kinda have to stick to the law aspect. Just like the road code isn't law. ie, so whatever they wrote on a website (except for legislation.govt.nz obviously) won't really stack up when things get technical.

So first, was it a 24/7 bus lane, or a time specific bus lane, ie, at the time of the offence was it a legal bus lane?
Second, your vehicle is the correct class to use the bus lane, but by "use", are you entitled to park in it?
Third, I believe you're deemed in control of the vehicle by the way. Same way as drunks in drivers seat with keys (but car not being driven etc).

Re road user rules, no fuck up, motorcycles can use bus lanes. Ref point above re "use". I'm guessing law makers didn't envisage buses parking in the lane much :laugh:

[buggerit]

How about "the bike stalled and I was trying to restart it"

[thepom]

"Next time, just stab the parking fuckwit and leave him bleeding in the moonlight."

Classic....still laughing now !......how about you broke down and were calling the fuckwits AA ?

[gjm]

Does sound a bit parking nazi who possibly isn't aware a motorcycle is allowed to use a bus lane. Just as there are still some police who are unaware a motorcycle can use a T2 lane.

As for stopping/parking... Dunno. Go for the written defence based on the law. Come up with a good reason for being stationery.

[R650R]

JFC!!! Good job, the only thing that should be stopping in a bus lane is a bus at bus stop or an unavoidable sudden breakdown of sorts.
Some metrosexual Aucklander stopping to dick around with their phone while parked in the bus lane is 100% ticket worthy.

You'd be just like the twats who park in the Ahuriri roundabout(that's not actually a roundabout) where for some strange reason the yellow dotted lines are only on the wider second half. I guess LTSA/council assume F'wits wont stop in the narrow part where trucks need space to turn. But what do we have yesterday, some trainspotter prick parks his classic car there while he takes train photos through the fence wire (that's a shit look by the way never works) on the side of the heavy traffic bypass that has no footpath..... I was tempted to *555 him but I have a life....

[Mike.Gayner]

JFC!!! Good job, the only thing that should be stopping in a bus lane is a bus at bus stop or an unavoidable sudden breakdown of sorts.
Some metrosexual Aucklander stopping to dick around with their phone while parked in the bus lane is 100% ticket worthy.

Glad I'm not the only one who sees it this way. That's unbelievably obnoxious, parking in a bus lane to check your phone.

[Tazz]

Third, I believe you're deemed in control of the vehicle by the way. Same way as drunks in drivers seat with keys (but car not being driven etc).


This popped into my head straight away. Even with the keys out if you were sitting on the bike the 'intent' is there, therefore you are not really 'parked' as the fuzz interpret things to get a little bit of Minority Report action in their lives anyway, afaik.

On the other hand, it's a fucking bus lane!

How much is the ticket?

[jonnyk5614]

I'd got the time wrong, and with someone else parked in the lane assumed it inactive.

I freely admit I shouldn't be stopped there at the time.

It just amused me that my ticket was for stopping in a lane I wasn't allowed to enter, when I in fact was, and that when I checked the law on legislation.govt.nz found it to, on the face of it, be impossible to give bikes parking in bus lane tickets.

Also, funny how technically mopeds can't use the lanes at all'


Sent from my iPhone using Tapatalk

[FJRider]

Second, your vehicle is the correct class to use the bus lane, but by "use", are you entitled to park in it?
Third, I believe you're deemed in control of the vehicle by the way. Same way as drunks in drivers seat with keys (but car not being driven etc).


He was in control of a parked vehicle ...

and with this admission from the OP .. guilty as charged ...


That said though, Auckland Transport don't seem to have noticed either, their website stating:
"Vehicles must not stop or park in any bus or transit lane unless they are permitted to use the lane or the vehicle is an emergency vehicle (ambulance, police car, fire engine etc.) that is being used in an emergency and is operating its beacons."

Some bus lanes in many areas do permit parking in/at bus lanes at certain specified times. Obviously this particular lane was not one of those ..

[gjm]

I'd got the time wrong, and with someone else parked in the lane assumed it inactive.

I freely admit I shouldn't be stopped there at the time.

It just amused me that my ticket was for stopping in a lane I wasn't allowed to enter, when I in fact was, and that when I checked the law on legislation.govt.nz found it to, on the face of it, be impossible to give bikes parking in bus lane tickets.

Also, funny how technically mopeds can't use the lanes at all'


Sent from my iPhone using Tapatalk

You could get off on a technicality given the charge is incorrect.
Yes - you shouldn't have been there and had the warden (or whoever) not been so keen to nab you, you might have no grounds for any sort of complaint. However, it may be worth it, if only for laughs. Stick to the charge applied and don't get drawn on whether you should be there or not.

Or, cut your losses (time and financial), cough up and move on. Your call.

[Hitcher]

Take your cuts and pay the fine.

[Oakie]

I suppose if you want to fight it you need to confirm that motorbikes are allowed in bus lanes up there. It's not governed by legislation but by local body regulations I believe. I know bikes can use bus lanes here in Christchurch but that's not in all cities.

On the other hand ... pay the fine and move on.

[FJRider]

I suppose if you want to fight it you need to confirm that motorbikes are allowed in bus lanes up there. It's not governed by legislation but by local body regulations I believe. I know bikes can use bus lanes here in Christchurch but that's not in all cities.

On the other hand ... pay the fine and move on.

https://at.govt.nz/driving-parking/bus-transit-priority-lanes/

[swbarnett]

From https://at.govt.nz/driving-parking/bus-transit-priority-lanes:

Vehicles are not allowed on a bus lane during active periods.
Funny how AT don't consider a bus to be a vehicle.

[pritch]

some trainspotter prick parks his classic car there while he takes train photos through the fence wire (that's a shit look by the way never works)

It can work if the guy knows what he's doing, the fence can be made to disappear. Use the biggest F stop that'll work in the circumstances so that the depth of field is at the minimum and the fence can just vanish.

None of which is intended to defend the wanker's parking

[Jantar]

I suppose if you want to fight it you need to confirm that motorbikes are allowed in bus lanes up there. It's not governed by legislation but by local body regulations I believe.....
Actually, it is governed by Legislation, not by local bodies. A motorcycle may use a bus lane except when specifically excluded. So if there is no sign saying no motorcycles (may be a picture of a bike with a red line through it) then motorcycles may indeed use the bus lane.

As for stopping in a bus lane, not something I would like to do, but once again the law is on the side of the OP. The key is whether he was parked, or simply stopped. By still being on the bike, with the key in the ignition, and able to move off at any time, he is legally stopped, not parked, and the legislation does indeed allow vehicles to stop in a bus lane if they are legally entitled to enter the bus lane.

[Oakie]

Actually, it is governed by Legislation, not by local bodies. A motorcycle may use a bus lane except when specifically excluded. So if there is no sign saying no motorcycles (may be a picture of a bike with a red line through it) then motorcycles may indeed use the bus lane. .

I disagree. Allowed for by legislation but defined and controlled by the local bodies ... as per this from the Christchurch City Council. http://resources.ccc.govt.nz/files/customercentre/BusLaneEnforcementBrochure.pdf . So the legislation allows bus lanes to exist but the local bodies decide if they will have them, who can use them and how they will run in their neck of the woods.

[nelubian]

just shortly:

Rule 2004 (http://www.legislation.govt.nz/regulation/public/2004/0427/latest/whole.html)

6.6Parking in special vehicle lane
A driver or person in charge of a vehicle must not stop, stand, or park the vehicle in any special vehicle lane unless—
(a)the vehicle belongs to a class of vehicle for which use of the lane is reserved, and stopping, standing, or parking of the vehicle is permitted at that place by signs or markings; or
(b)the vehicle is an emergency vehicle that is being used in an emergency and is operating a red beacon or red and blue beacons.

if there was a sign or marking you are right.
In Chch was a local permit to use bus lanes for cars after earthquake. But motorists started receiving their fines for parking. Because the permit was to use and the rule above was still applicable.

PS: I don't judge people