Legal definition of Parking

[Hirka_T_Bawa]

Before I begin, I know your not my lawyer, I’m not asking for legal advise, and any legal advise I get is worth exactly what I paid for it, Nothing.

I just got a ticket for Illegal Parking, parking in a Fire Lane. I wasn’t parked, I had the car standing, with the engine on, while waiting for my wife to come out of the store. The signs posted stated No Parking, there were no signs that said No Standing, or No Stopping, so I wasn’t aware I was breaking any laws. I think the Cop was just looking to give a ticket, since it was in a somewhat small town.

So, my main question is, what is the legal definition of “Parking”? My second question, is what I did against the law with the officer just putting the wrong thing on the ticket? He wrote that I violated code 40-6-203 , and I could not find anything in there about fire lanes, the closest I could find was (a)(1)(E) where it mentions “Safety Zone” but I can’t find a definition of “Safety Zone”.

I am in the City of Conyers, Rockdale County, State of Georgia, USA.

Thank you for all y’alls help.

[FatBaldGuy]

Your link requires a password. Could you perhaps cut & paste some of the relevant sections of the code?

[Gfactor]

(40) “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(54) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

O.C.G.A. § 40-1-1

[Gfactor]

O.C.G.A. § 40-6-203

GEORGIA CODE
Copyright 2007 by The State of Georgia
All rights reserved.

*** Current through the 2007 Regular Session ***

TITLE 40. MOTOR VEHICLES AND TRAFFIC
CHAPTER 6. UNIFORM RULES OF THE ROAD
ARTICLE 10. STOPPING, STANDING, AND PARKING
PART 1. GENERAL PROVISIONS

O.C.G.A. § 40-6-203 (2007)

§ 40-6-203. Stopping, standing, or parking prohibited in specified places; stopping or standing for collecting municipal solid waste or recovered materials
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

(1) Stop, stand, or park a vehicle:

  (A) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street;

  (B) On a sidewalk;

  (C) Within an intersection;

  (D) On a crosswalk;

  (E) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

  (F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

  (G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

  (H) On any railroad tracks;

  (I) On any controlled-access highway;

  (J) In the area between roadways of a divided highway, including crossovers; or

  (K) At any place where official signs prohibit stopping;

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

  (A) In front of a public or private driveway;

  (B) Within 15 feet of a fire hydrant;

  (C) Within 20 feet of a crosswalk at an intersection;

  (D) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;

  (E) Within 20 feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly posted); or

  (F) At any place where official signs prohibit standing; or

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:

  (A) Within 50 feet of the nearest rail of a railroad crossing; or

  (B) At any place where official signs prohibit parking.

(b) No person shall move a vehicle not lawfully under his control into any prohibited area or to such a distance away from the curb as is unlawful.

(c) Notwithstanding any other provision of law, any vehicle used solely for the purpose of collecting municipal solid waste or recovered materials as defined in Code Section 12-8-22 may stop or stand on the road, street, or highway for the sole purpose of collecting such waste or materials; provided, however, that such vehicle shall maintain flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of waste or materials collection.

http://web.lexis-nexis.com/research/retrieve?_m=07f5c44069fa8334f14a305cc045cff8&docnum=1&_fmtstr=FULL&_startdoc=1&wchp=dGLbVzW-zSkAt&_md5=a2083c3e3b5c1d7076453548c9a9de32

[Gfactor]

(60) “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

(62) “Stop” or “stopping”:

  (A) When required, means complete cessation from movement; or

  (B) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

O.C.G.A. § 40-1-1 http://web.lexis-nexis.com/research/retrieve?_m=709908c74c4984e3fbd83586d05ae03f&csvc=toc2doc&cform=&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzb-zSkAA&_md5=12ed53f60caad4d29a4eb0447872c2d7

[mlees]

From 40-6-203:

(1) Stop, stand, or park a vehicle:

  (A) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street;

  (B) On a sidewalk;

  (C) Within an intersection;

  (D) On a crosswalk;

  (E) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

  (F) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

  (G) Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

  (H) On any railroad tracks;

  (I) On any controlled-access highway;

  (J) In the area between roadways of a divided highway, including crossovers; or

  (K) At any place where official signs prohibit stopping;

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

  (A) In front of a public or private driveway;

  (B) Within 15 feet of a fire hydrant;

  (C) Within 20 feet of a crosswalk at an intersection;

  (D) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;

  (E) Within 20 feet of the driveway entrance to any fire station or on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly posted); or

  (F) At any place where official signs prohibit standing; or

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:

  (A) Within 50 feet of the nearest rail of a railroad crossing; or

  (B) At any place where official signs prohibit parking.

The covered all three, as far as I can tell. (Standing, stopping, parking.)

Was there a fire hydrant in or near the fire lane?

Safety Zone: From 40-1-1, which defines the terms:

(40) “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

(60) “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

(62) “Stop” or “stopping”:

  (A) When required, means complete cessation from movement; or

  (B) When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

(54) “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

Drat! Beaten to the punch…

[Rhythmdvl]

So, per Gfactor’s quote, you were parked – since you were waiting for your wife to come out of the store, you were not “actually engaged in loading or unloading property or passengers.” She was in the store, already unloaded.

[anson2995]

Was there some reason you couldn’t just park in a regular parking space while you waited?

[askeptic]

@anson2995

Was there some reason you couldn’t just park in a regular parking space while you waited?

How is this relevant?

[Hirka_T_Bawa]

Thanks for all the replies so far, it looks that technically I did break the law, learn something new every day. My best friend has an uncle that is a lawyer, so I’ll see if I can find out what he says. I still think the cop didn’t have to give me a ticket, I was there for less then 5 minutes when he stopped to give me the ticket.

mlees No, there was no fire hydrant. There was just a yellow curb and a painted dashed line saying no parking.

[Balthisar]

@askeptic

How is this relevant?

It’s relevant because maybe he was actively loading or unloading. He did say waiting for his wife, but it’s possible he omitted something else.

That, plus, what if everyone parked in this fashion? It’s irritating seeing lazy people do this.

[askeptic]

@Hirka T'Bawa

My best friend has an uncle that is a lawyer, so I’ll see if I can find out what he says.

If he is a half-way decent lawyer he will probably tell you to pay the ticket. This is GQ so I will refrain from addressing your opinion about whether he should have given you the ticket.
ETA:BTW, more than one lawyer has already posted to this thread.

[Contrapuntal]

@Hirka T'Bawa

Thanks for all the replies so far, it looks that technically I did break the law, learn something new every day.

It was a fire lane. You were blocking it. Why is that a technicality?

I’ve always wondered why people park in places designated “No Parking.” Could the instructions be less ambiguous? What makes you think it’s OK?

[Gfactor]

I think the factual question has been answered here. There seem to be some who want to discuss other aspects of the situation; I encourage you to start a new thread on the topic in an appropriate forum. Thread closed.

Gfactor, General Questions Moderator