Parking infringement question

[short-circuit]

All parking is temporary. How to define - 10 seconds? 10 minutes? 2 hours?

I always get a giggle out of the occasional coverage this issue gets on the news, and watching the tossers squirm through their pathetic self-justifications.

http://tinyurl.com/abx942

[Jantar]

OK, I found the most recent definition.

http://www.legislation.govt.nz/act/p...DLM433619.html

parking means,—

(a) in relation to any portion of a road where parking is for the time being governed by the location of parking meters placed pursuant to a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:


(b) in relation to any other portion of a road, the stopping or standing of a vehicle on that portion of the road

What this means is that every time you stop at a stop sign you are illegally parked in that you have parked too close to an intersection.

[short-circuit]

Under the old (very old) traffic regulations 1965, there was a definition of "parked" that included such items as engine off, and not under direct control of a driver., or words to that effect. Check to see what the current definition of parked is. You may be lucky, but I doubt it.

According to Auckland City By laws:

Note: As at 1 January 2009 this definition of parking was:

a.In relation to a portion of a road where parking is for the time being governed by the location of parking meters or vending machines placed under the authority of a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes;
b.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.




Could I argue then on the basis of both a. and b.?

I let a passenger out while stopped temporarily with the engine running for 1 minute 57 seconds until she returned to the car. It's not really parked is it?

[short-circuit]

What this means is that every time you stop at a stop sign you are illegally parked in that you have parked too close to an intersection.

Good point

[pzkpfw]

Among all the people with the "HTFU" attitudes, I'd add my sympathy (but I can't offer any help).

(To be clear: I'm not saying "HTFU". I think it's a bit rough.)

I do get "very angry" at people who abuse disabled car parks, but your situation doesn't actually sound like abuse.

Geez, I sometimes drop my Daughter off at a local railway station. There's no temporary safe drop-off spot ("loading zone"), so I do (gasp) use the disabled parks right by the stairs. I'm in, she jumps out of the car, I reverse and I'm gone.

I'm no idiot (mostly) - I do it when it's very very clear there's no one even approaching, let alone whether they are a disabled park user or not. I do it only because I am certain I'm not causing anyone any trouble (and if I actually misjudged, it still wouldn't be much of an issue as I'd simply move my car and be out of the way in a flash - with big apologies). Anyway - there's always two empty disabled parks, and I'm only using one for the brief moment I'm there. I've never seen both in use, let alone two disabled drivers arrive at the same time.

I'd be surprised you can get off it. Rules just get applied in black and white these days.

(
I see this as similar to speeding tickets. Most of us agree that no-one should be racing around like nutters at 160 kph everywhere, so there are speed limits. Of course it does mean sometimes getting a ticket for doing 102 kph - which in context may not have been a "bad" speed anyway. Then we'd make a thread saying "geez, I got a ticket for doing 102" and someone would post "HTFU - you sped so pay the fine!". Sigh.
)

Wellington City Council has dropped their spy car.

One lady was driving along, saw it behind her so pulled over to let it past. Where she did it there was a yellow no parking line - so it took photos of her and she got a fine! There was no accident caused, it was brief, and she did it to be helpful. And got fined. Most people saw this as an abuse of the process.

[Virago]

According to Auckland City By laws:

Note: As at 1 January 2009 this definition of parking was:

a.In relation to a portion of a road where parking is for the time being governed by the location of parking meters or vending machines placed under the authority of a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes;
b.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.

Could I argue then on the basis of both a. and b.? ...

I've highlighted the important bits.

Clause (a) states that you are not deemed to be parking if you stop in an area controlled by parking meters or vending machine, if you're stopped for 5 minutes or less. You were not parked in such a place.

Clause (b) states that standing your vehicle on any other area of the road is deemed to be parking.

The picking up or dropping off of passengers does not cover sitting in the car and waiting for them to come back, for two minutes or two hours.

[short-circuit]

Among all the people with the "HTFU" attitudes, I'd add my sympathy (but I can't offer any help).

(To be clear: I'm not saying "HTFU". I think it's a bit rough.)

I do get "very angry" at people who abuse disabled car parks, but your situation doesn't actually sound like abuse.

Geez, I sometimes drop my Daughter off at a local railway station. There's no temporary safe drop-off spot ("loading zone"), so I do (gasp) use the disabled parks right by the stairs. I'm in, she jumps out of the car, I reverse and I'm gone.

I'm no idiot (mostly) - I do it when it's very very clear there's no one even approaching, let alone whether they are a disabled park user or not. I do it only because I am certain I'm not causing anyone any trouble (and if I actually misjudged, it still wouldn't be much of an issue as I'd simply move my car and be out of the way in a flash - with big apologies). Anyway - there's always two empty disabled parks, and I'm only using one for the brief moment I'm there. I've never seen both in use, let alone two disabled drivers arrive at the same time.

I'd be surprised you can get off it. Rules just get applied in black and white these days.

(
I see this as similar to speeding tickets. Most of us agree that no-one should be racing around like nutters at 160 kph everywhere, so there are speed limits. Of course it does mean sometimes getting a ticket for doing 102 kph - which in context may not have been a "bad" speed anyway. Then we'd make a thread saying "geez, I got a ticket for doing 102" and someone would post "HTFU - you sped so pay the fine!". Sigh.
)

Wellington City Council has dropped their spy car.

One lady was driving along, saw it behind her so pulled over to let it past. Where she did it there was a yellow no parking line - so it took photos of her and she got a fine! There was no accident caused, it was brief, and she did it to be helpful. And got fined. Most people saw this as an abuse of the process.

Great post. As you mentioned, absolutely no one was inconvenienced. I obstructed no one and didn't actually leave the vehicle.

For those calling me lazy, go back and reread the OP...I was saving my wife from getting soaked in a down-pour.

[short-circuit]

I've highlighted the important bits.

Clause (a) states that you are not deemed to be parking if you stop in an area controlled by parking meters or vending machine, if you're stopped for 5 minutes or less. You were not parked in such a place.

Clause (b) states that standing your vehicle on any other area of the road is deemed to be parking.

The picking up or dropping off of passengers does not cover sitting in the car and waiting for them to come back, for two minutes or two hours.

Are you a parking warden? Is that why you live on KB? No friends?

[scumdog]

For those calling me lazy, go back and reread the OP...I was saving my wife from getting soaked in a down-pour.

I just checked the Official Book of Excuses for Parking Where or When Prohibited and that excuse was disallowed back in 1975...

[Ender EnZed]

Regardless of whether you're technically in the wrong or not you may as well write to them and explain the situation. It'd be worth a try before paying the ticket.

[short-circuit]

I just checked the Official Book of Excuses for Parking Where or When Prohibited and that excuse was disallowed back in 1975...

Wasn't offered as an excuse, just a detail to provide context. It's easy enough to stupidly and doggedly justify the application of the "law".

My situation was hardly an 'abuse' or an 'offense' against anyone or anything.

[short-circuit]

Regardless of whether you're technically in the wrong or not you may as well write to them and explain the situation. It'd be worth a try before paying the ticket.

That's what I'm thinking - although it's almost certainly an exercise in futility when the main intention here is revenue gathering

[oldrider]

Overall it would seem to be zealous to ticket you under the circumstances but you did say you received the notice in the mail.

Maybe it was derived from a camera mounted system that cannot differentiate!

I am often parked on a handicapped park (complete with official card!) but the park is for my passenger rather than for myself ... it is his card!

I just proved the vehicle service for him to shop at the Warehouse ... he can barely walk with the aid of a walker.

When he is safely inside in the area in which he shops, I go back out and wait in the car.

I often wonder who sees me as an able bodied person using up a handicap parking spot but if it was needed I could quite easily vacate it and let a bonified user have it.

I have no doubt that you would have taken this action also, if required to.

While sitting in my car waiting I am often surprised at the number of able bodied drivers that park in the handicapped parks and just couldn't care less about it.

Maybe you are more a victim of these "offenders" rather than the zealot that sent you the notification! .... defend the notification!

[Berries]

Personally I would have let the wife get wet. But then I'm like that.

[short-circuit]

Heartening. I actually expected way more bone headed responses in this thread.