Moped parking on footpaths-legal or not? (Dunedin)

**MarkyMark** · 9th April 2008, 20:42

There's a big 'ol thread on bikes parking on the footpath in Wellington, and we seem to have won the battle on that one. I use a moped to get to and from uni and run around town, and last month I got a ticket for parking on the pavement. Now in the road code it says "You must not leave a moped blocking the footpath" which seems to mean you can park on the footpath if it's out of the way. I wrote in to them with a photocopy of the relevant page in the road code, and they responded with:

6:14 Parking on footpaths or cycle paths

*

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a footpath or on a cycle path.

(2) Subclause (1) does not apply to cycles if a road controlling authority indicates otherwise by means of signs or markings or if it installs facilities for the parking, standing, or storage of cycles on a footpath or cycle path.

(3) Nothing in subclause (1) prevents a person from stopping, standing, or parking a cycle, mobility device, or wheeled recreational device on a footpath if doing so does not unreasonably obstruct any other user of the footpath.

which is from "Land Transport (Road User) Rule 2004" i.e. the actual law. So they are in fact right, no vehicle, including mopeds, can park on the footpath. But what the bloody road code says is different to the law. I'm pretty pissed off, but they don't seem to be budging, and the law is on their side. You can see in the photo they took that I was right out of the way, but apparently if I take it to court I risk getting stung for hundreds of dollars of their legal fees. Anyone have any helpful advice?

PS: The road code site does carry a disclaimer that it might conflict with the legislation and you should check first, but that's bloody ridiculous. You assume you have to study the road code to learn the rules, do they really expect us to go read the legislation as well to make sure what we learn in the code is right?

http://www.landtransport.govt.nz/roa...ed-riders.html --- moped info

http://www.ltsa.govt.nz/roadcode/introduction/ ---disclaimer

http://www.legislation.govt.nz/regul...html#DLM303610 ---the law

**Jantar** · 9th April 2008, 20:50

Originally Posted by MarkyMark

..... Now in the road code it says "You must not leave a moped blocking the footpath" ...

..... But what the bloody road code says is different to the law. ...

Similar issues have come up previously. The road code is a guide, but is not the law. There are a few other areas where, if you obey the road code, you will break the law.

**Virago** · 9th April 2008, 21:00

Situations like this are generally covered by more than one form of legislation. Most cities have bylaws covering the issue.

The Dunedin City Council recently had a blitz on footpath parking.

**MarkyMark** · 9th April 2008, 21:05

I did a request for all relevant legislation, and the bylaw only confirmed that a moped is in fact a vehicle. The 2004 Rule is what counts. They also listed my moped as a motorcycle, which is why I initially thought it was a mistake.

**MarkyMark** · 9th April 2008, 21:18

Oh, and got this from emailing one of the law profs at the uni:

The rule has precedence over the code I'm afraid. The exception in subs (3) re unreasonable obstruction refers to cycles not vehicles . A moped is a vehicle for the purpose of the Rule.

That said, you could write saying you were mislead by the Road Code etc and ask for notice to be withdrawn! There is a legal defence of officially induced error. It would cost a lot to run! Perhaps in the context of a $40 fine its not worth it!!