View Full Version : Stationary v parked?
Hitcher
16th June 2008, 16:09
Here's a question for those who know the answer:
"How long does a vehicle have to be stationary before it is classified as "parked""?
Does stopping at the side of a roadway to drop off passengers count as "parking"?
Why do I ask? Because I have just received via post a $60 ticket for inconsiderate parking for the night of the Wellington All Black test when Mrs H dropped me and my brother outside of the Stadium. She would have been stopped for 10 seconds, maximum. There was no signage in place prohibiting such vile activity.
Has a crime befitting a $60 fine been committed here, or has Officer RH1492 merely had some sort of aneurysm?
MIXONE
16th June 2008, 16:11
WTF?Is that revenue collecting or what?:angry2:
bungbung
16th June 2008, 16:15
Burn Sir/Madam!
mowgli
16th June 2008, 16:28
6.1 Vehicles must be parked with due care and consideration
* A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a road, whether attended or unattended, without due care or without reasonable consideration for other road users.
So it seems you can be done for inconsiderate parking while stopped, standing or parked. You don't need a definition. You need to show that in the circumstances she exercised due consideration for other road users.
Did he see you or was this phoned in by a member of the public?
johan
16th June 2008, 16:29
Here ya go,
http://www.landtransport.govt.nz/con...arking-control
1.2 Stopping, standing and parking
In the Land Transport Rule: Traffic Control Devices 2004 (Rule 54002) and the Land Transport (Road
User) Rule 2004 (Rule 61001), ‘parking’ is defined as meaning:
• in relation to any portion of a road where parking is for the time being governed by the location of
parking meters or vending machines placed under a bylaw of a local authority, the stopping or
standing of a vehicle on that portion of the road for any period exceeding five minutes
• in relation to any other portion of a road, the stopping or standing of a vehicle (other than a
vehicle picking up or setting down passengers in a loading zone or reserved parking area, and
entitled to do so) on that portion of the road.
The Traffic Control Devices Rule also goes on to define ‘standing’ as stopping:
• for the purpose of picking up or setting down passengers, or, in the case of a taxi stand, for the
purposes of waiting for hire
• while a vehicle remains attended by the driver at all times.
Hitcher
16th June 2008, 16:40
I may be fucked, but I'm not going down without a fight on this one.
ManDownUnder
16th June 2008, 16:45
I may be fucked, but I'm not going down without a fight on this one.
Here's ya chance to use big words and correct their grammar too - that'll piss 'em off as much as anything!
Go for gold man.
CookMySock
16th June 2008, 17:00
I don't know the answer, but it seems that if was "inconsiderate" then it holds that another person was inconvenienced. Princeton: "lacking regard for the rights or feelings of others"
It is impossible to be inconsiderate to no person, so who was this other person ? If no person is putting their hand up with a rational complaint, then their allegation is hot air. If such a person does have a complaint, is it valid or are they just pissed because they didn't/couldn't do the same thing as you ? Is the complainant the same person as the informant ? If so, where their rights and/or feelings interfered with ? No ? Then its hot air.
DB
Badjelly
16th June 2008, 17:03
I don't know the answer, but it seems that if was "inconsiderate" then it holds that another person was inconvenienced.
Acting in a way that can (or is likely to) inconvenience others is inconsiderate.
jrandom
16th June 2008, 17:29
Traffic Control Devices 2004 (Rule 54002) and the Land Transport (Road
User) Rule 2004 (Rule 61001), ‘parking’ is defined as meaning....
Open and shut.
I look forward to reading the local authority's wording in the forthcoming letter of abject apology.
Sic 'em, Hitcher!
davereid
16th June 2008, 17:29
The ticket is a joke.
Defend it. Even if you lose, you and all the rest of us win. I'll put in a tenner for your court fees if you lose.
Hitcher
16th June 2008, 18:31
Open and shut.
I look forward to reading the local authority's wording in the forthcoming letter of abject apology.
Sic 'em, Hitcher!
It's not from the local authority. It has been expedited by The Fuzz, no less.
Nasty
16th June 2008, 18:34
Take them on I say .... rip them to pieces .. there is a principal here ... they think we should all pay for cabs who don't get fined.
riffer
16th June 2008, 18:58
I think you can do 'em here Brett.
Parking should not be parking if the driver is in the car and the engine is running, and the intention is to drop off a passenger.
Common sense should apply. The cop has had a brain infarction.
Renegade
16th June 2008, 19:55
Here's a question for those who know the answer:
Has a crime befitting a $60 fine been committed here, or has Officer RH1492 merely had some sort of aneurysm?
i think you will find that Senior Sgt richard Hocken of the wellington central police is the man in charge of all traffic at stadium events and vigourously enforces it, it appears at a glance he is the issuing officer, you will get no joy from him, good luck with that one.
$60 would have bin the cost of ya taxi anyway, save your energy and part with the dosh.
just my 2c from personal experience. :bye:
rat biker 08
16th June 2008, 20:02
Stick to your guns :2thumbsup
riffer
16th June 2008, 20:21
I don't think the problem here is Hitcher being able to afford $60. I'm sure he can.
It's a matter of principle.
Here ya go,
http://www.landtransport.govt.nz/con...arking-control
1.2 Stopping, standing and parking
In the Land Transport Rule: Traffic Control Devices 2004 (Rule 54002) and the Land Transport (Road
User) Rule 2004 (Rule 61001), ‘parking’ is defined as meaning:
• in relation to any portion of a road where parking is for the time being governed by the location of
parking meters or vending machines placed under a bylaw of a local authority, the stopping or
standing of a vehicle on that portion of the road for any period exceeding five minutes
• in relation to any other portion of a road, the stopping or standing of a vehicle (other than a
vehicle picking up or setting down passengers in a loading zone or reserved parking area, and
entitled to do so) on that portion of the road.
The Traffic Control Devices Rule also goes on to define ‘standing’ as stopping:
• for the purpose of picking up or setting down passengers, or, in the case of a taxi stand, for the
purposes of waiting for hire
• while a vehicle remains attended by the driver at all times.
Does anyone else read that as meaning you either have to be parked for 5 mins in a metered area, or stay in the car for any other area for it to be classed as "stopped"? The way I read that means that if you stay sitting in the car you are stopped, though if you get out of the car and walk around, then get back in it doesn't count? Unless its a 5+ minute walk around your car in a metered area?
Renegade
18th June 2008, 19:42
I don't think the problem here is Hitcher being able to afford $60. I'm sure he can.
It's a matter of principle.
quite right.
There may even be bylaws for wellington relating to stadium events, maybe worth a look into.
Robbo
18th June 2008, 20:34
Go get em Hitcher. Parking Wardens and the like are the scum of the earth. :2guns:
Ocean1
18th June 2008, 20:48
I'll put in a tenner for your court fees if you lose.
And another.
Don't really give a fuck if it's technically correct or not, there's far too much nit-pickin' fookin' humbug aimed solely at either placating those who really need some serious ignoring, or plane simple revenue collection.
mbazza
18th June 2008, 20:58
Take them on I say .... rip them to pieces .. there is a principal here ... they think we should all pay for cabs who don't get fined.
Surely that's 'principle' ? Knits need pick'n, what else are they there for? Cheers.
PrincessBandit
24th June 2008, 11:23
Hubby got a ticket for dropping the daughter off outside her school - took her all of about 10 seconds to exit the car and he was away. Big bad for him though was the wee broken lines of yellow colour that he did it on! He's no road hog or pushy pusher-inner so I have no doubt that no-one would have been actually inconvenienced by what he did. But nevertheless he had to admit he was legally in the wrong. The bugger of it was that he did it in my car so the ticket came to me! (Ditto for the speeding ticket he got recently - doing 63 kph in a 50 zone: came addressed to moi!!!)
Hitcher
24th June 2008, 13:09
The Fuzz(TM) had the ability to issue the ticket for parking on a dotted yellow line, but chose instead to circle the "Inconsiderate Parking" option. Presumably because that carries a more significant fine? If they had chosen the former, we would have been bang to rights busted. "Inconsiderate" implies that somebody was inconvenienced by our alleged wrongdoing which, apart from Constable Law having to write out a ticket, nobody was. A proposition that they could have been carries little weight. I'm hoping.
Skyryder
26th June 2008, 00:02
Here ya go,
http://www.landtransport.govt.nz/con...arking-control
1.2 Stopping, standing and parking
In the Land Transport Rule: Traffic Control Devices 2004 (Rule 54002) and the Land Transport (Road
User) Rule 2004 (Rule 61001), ‘parking’ is defined as meaning:
• in relation to any portion of a road where parking is for the time being governed by the location of
parking meters or vending machines placed under a bylaw of a local authority, the stopping or
standing of a vehicle on that portion of the road for any period exceeding five minutes
• in relation to any other portion of a road, the stopping or standing of a vehicle (other than a
vehicle picking up or setting down passengers in a loading zone or reserved parking area, and
entitled to do so) on that portion of the road.
The Traffic Control Devices Rule also goes on to define ‘standing’ as stopping:
• for the purpose of picking up or setting down passengers, or, in the case of a taxi stand, for the
purposes of waiting for hire
• while a vehicle remains attended by the driver at all times.
I think your are fucked Hitch. But there maybe a ray of hope. I read the other day in the Press that many parking fines may have to be paid back due to there being no 'No Parking' signs displayed. If there were none out you mabe in luck the other thing you could look up is the distance that they must be to the area where parking is prohibited. No idea where you will find that but there will be a standard somewhere.
Skyryder
Patrick
27th June 2008, 11:46
The Fuzz(TM) had the ability to issue the ticket for parking on a dotted yellow line, but chose instead to circle the "Inconsiderate Parking" option. Presumably because that carries a more significant fine? If they had chosen the former, we would have been bang to rights busted. "Inconsiderate" implies that somebody was inconvenienced by our alleged wrongdoing which, apart from Constable Law having to write out a ticket, nobody was. A proposition that they could have been carries little weight. I'm hoping.
Both fines are the same. I think there is something in place for Events at the Stadium but don't know really... But fair call about the inconsiderate part... Write in - 60 good reasons to ask and see it getting waived perhaps...
firefighter
27th June 2008, 11:58
fight it, there's no parking AND no stopping signs......therefore she was stopped not parked.
http://www.easyrental.co.nz/new-zealand-road-code.htm
Patrick
27th June 2008, 14:42
fight it, there's no parking AND no stopping signs......therefore she was stopped not parked.
Huh??????? Confused over the above.... If there are both signs, then -
No stopping at no stopping sign? No parking at a no parking sign?? No parking at no stopping sign??? No stopping at no parking sign????????
Lucky they didn't get four tickets = good quota = lotsa donuts....
firefighter
27th June 2008, 14:49
Huh??????? Confused over the above.... If there are both signs, then -
No stopping at no stopping sign? No parking at a no parking sign?? No parking at no stopping sign??? No stopping at no parking sign????????
Lucky they didn't get four tickets = good quota = lotsa donuts....
The pics didn't come up so I edited it, man you must have been quick I changed it straight away!
barty5
3rd July 2008, 08:00
Next time youll have to do it movie style and just leap out and roll to the foot path as she drives past them there wont have been any stopping and could entertain the crowd as the wait in line to enter.
peasea
3rd July 2008, 23:39
Hubby got a ticket for dropping the daughter off outside her school - took her all of about 10 seconds to exit the car and he was away. Big bad for him though was the wee broken lines of yellow colour that he did it on! He's no road hog or pushy pusher-inner so I have no doubt that no-one would have been actually inconvenienced by what he did. But nevertheless he had to admit he was legally in the wrong. The bugger of it was that he did it in my car so the ticket came to me! (Ditto for the speeding ticket he got recently - doing 63 kph in a 50 zone: came addressed to moi!!!)
Aha, Broken yellows? "No stopping"
peasea
3rd July 2008, 23:45
Huh??????? Confused over the above.... If there are both signs, then -
No stopping at no stopping sign? No parking at a no parking sign?? No parking at no stopping sign??? No stopping at no parking sign????????
Lucky they didn't get four tickets = good quota = lotsa donuts....
Hmm, sorry, have to agree. (Hate that...)
There's a difference between a parked vehicle and a stationary vehicle I think, but only in an unmarked circumstance. Broken yellows? No stopping, period.
Perhaps if one ejected their offspring at school while the vehicle was still in motion (albeit at a very slow speed) then doing so on broken yellows would be legal. It would be a bit hard on the offspring though.
Seriously? I usually walked my two to school; hard as it was............
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