Legal advice - parking?

**j.c** · 8th June 2010, 21:02

Hi guys, I need some advices here please.
I parked my bike on the side of road against road curb as usual, left at least 1.5 meter to the front car. The font car reversed back into my bike and pushed it over while I was in a shop. Both of us don't have insurance

, so I took him to tribunal. The referee said I broked the road codes as the bike should be parked parallel to the road. Now he sent me back to do some more research on if there is examption for motorbike. I thought it is clearly the driver's fault not looking carefully, and my bike was in stationary.
Anyone can help and any thought about this case? thanks

**Ixion** · 8th June 2010, 21:23

Land Transport Act Road User Rule 2004 S 6.13

(2) An all terrain
vehicle, a motorcycle, a moped, or a cycle may be parked otherwise
than parallel with the roadway if during the hours of darkness it
is sufficiently illuminated so as to be visible from at least 50 m.

Should be what you need

**Scuba_Steve** · 8th June 2010, 21:24

I aint no lawyer but I would say the fact that it was his vehicle moving puts him in the wrong, but if you wanna find out about the parallel parking thing might be worth trying legislation.govt.nz

**j.c** · 8th June 2010, 22:51

Thank you both, that was really helpful. I had a look on the legislation.govt.nz, found the clause. I guess city councils are encouraging motorbikes parked in an angle so it saves space for cars.

**Max Preload** · 8th June 2010, 22:59

Originally Posted by j.c

Thank you both, that was really helpful. I had a look on the legislation.govt.nz, found the clause. I guess city councils are encouraging motorbikes parked in an angle so it saves space for cars.

Councils don't have any direct say. Road User Rules are decided by the NZTA.

People that can't drive without hitting inanimate objects should have their licences sharpened and jammed up their fucking arses. Fuck they piss me off.

**j.c** · 8th June 2010, 23:07

Originally Posted by Max Preload

Councils don't have any direct say. Road User Rules are decided by the NZTA.

People that can't drive without hitting inanimate objects should have their licences sharpened and jammed up their fucking arses. Fuck they piss me off.

totally agree! i would be really pissed off i lose on this case.

**PirateJafa** · 9th June 2010, 00:18

Also, motobikes are not always able to park parallel due to camber and angle of sidestands.

**Katman** · 9th June 2010, 13:20

Originally Posted by Max Preload

People that can't drive without hitting inanimate objects should have their licences sharpened and jammed up their fucking arses. Fuck they piss me off.

Another thing that fucks me off is the fact that JPs can disregard the letter of the law and instead make a ruling based on their warped idea of common sense.

**CookMySock** · 9th June 2010, 15:08

Originally Posted by Katman

Another thing that fucks me off is the fact that JPs can disregard the letter of the law and instead make a ruling based on their warped idea of common sense.

They don't like their ruling turned over in the district court though.. egg on face etc etc, not a good look.

Steve

**SMOKEU** · 10th June 2010, 15:29

Originally Posted by PirateJafa

Also, motobikes are not always able to park parallel due to camber and angle of sidestands.

That's exactly what I was going to say.

**EJT** · 10th June 2010, 20:51

Originally Posted by DangerousBastard

They don't like their ruling turned over in the district court though.. egg on face etc etc, not a good look.

Steve

Problem is they don't have to apply the law and you can't appeal unless you bring the law to their attention and they disregard it or they did something procedurally wrong - in other words forget it.

**Shadows** · 10th June 2010, 23:39

Originally Posted by EJT

Problem is they don't have to apply the law and you can't appeal unless you bring the law to their attention and they disregard it or they did something procedurally wrong - in other words forget it.

Correct. Should have got some insurance.

**CookMySock** · 11th June 2010, 07:52

Originally Posted by EJT

Problem is they don't have to apply the law and you can't appeal unless you bring the law to their attention and they disregard it or they did something procedurally wrong...

I am surprised to hear that ignorance is a defense on their part. It'd be nice of that worked for me as I have heaps of it.

Steve