Parking violation

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Parking tickets on a vehicle in Durham, North Carolina 2009-02-26 Red Hummer with parking citation.jpg
Parking tickets on a vehicle in Durham, North Carolina
Parking violation in Geneva, Switzerland Lamborghini Aventador LP700-4 LB834.jpg
Parking violation in Geneva, Switzerland

A parking violation is the act of parking a motor vehicle in a restricted place or for parking in an unauthorized manner. It is against the law virtually everywhere to park a vehicle in the middle of a highway or road; parking on one or both sides of a road, however, is commonly permitted. However, restrictions apply to such parking, and may result in an offense being committed. Such offenses are usually cited by a police officer or other government official in the form of a traffic ticket.

Parking act of stopping and disengaging a vehicle and leaving it unoccupied

Parking is the act of stopping and disengaging a vehicle and leaving it unoccupied. Parking on one or both sides of a road is often permitted, though sometimes with restrictions. Some buildings have parking facilities for use of the buildings' users. Countries and local governments have rules for design and use of parking spaces.

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Highway A public road or other public way on land

A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks: It is not an equivalent term to controlled-access highway, or a translation for autobahn, autoroute, etc.

Contents

Examples

Vehicles may be wheel clamped for parking violations, such as this one in Melbourne, as a penalty or to enforce payment of fines Wheel clamped BMW5Series Combo, Little Collins St, Melb, 19.10.2011, jjron.jpg
Vehicles may be wheel clamped for parking violations, such as this one in Melbourne, as a penalty or to enforce payment of fines
Four parking attendant vehicles and a street cleaning vehicle in San Francisco Street cleaner and four parking attendant vehicles in San Francisco.jpg
Four parking attendant vehicles and a street cleaning vehicle in San Francisco

Parking violations include, but are not limited to:

Bus stop designated place where buses stop for passengers to board or leave

A bus stop is a designated place where buses stop for passengers to board or alight from a bus. The construction of bus stops tends to reflect the level of usage, where stops at busy locations may have shelters, seating, and possibly electronic passenger information systems; less busy stops may use a simple pole and flag to mark the location. Bus stops are, in some locations, clustered together into transport hubs allowing interchange between routes from nearby stops and with other public transport modes to maximise convenience.

Fire hydrant connection point by which firefighters can tap into a water supply

A fire hydrant, also called a fireplug, fire pump, jockey pump, johnny pump, or simply pump, is a connection point by which firefighters can tap into a water supply. It is a component of active fire protection.

Sidewalk pedestrian path along the side of a road

A sidewalk or pavement, also known as a footpath or footway, is a path along the side of a road. A sidewalk may accommodate moderate changes in grade (height) and is normally separated from the vehicular section by a curb. There may also be a median strip or road verge either between the sidewalk and the roadway or between the sidewalk and the boundary.

A penalty or parking ticket could result if any of the above criteria are met.

United States

Checker giving a parking ticket, Seattle Washington, 1960. Seattle parking checker, 1960.gif
Checker giving a parking ticket, Seattle Washington, 1960.

In 1926, American merchants listed downtown traffic congestion as their most serious difficulty. Unenforced curbside parking and lack of off-street parking facilities were listed as the primary problems. Customers went where they could park.

During the Great Depression, city revenues dwindled. With parking meters, however, a new source of municipal revenue was found. Not only did the nickels paid in by parkers accumulate, but so did the fines imposed for over parking. By 1944, American cities were generating some $10 million annually from parking meters alone. Soon after came meter maids, who, because they were paid less than police officers, increased city revenues further. Complex parking rules, restrictions and regulations are now an integral part of modern life and landscape.

Typically, a ticket is placed on a vehicle when the owner or driver is not present. There is no place for a signature, and in California, the registered owner cannot be charged with a misdemeanor or other criminal offense for ignoring a ticket. A letter will usually be sent prior to any punitive action. Most jurisdictions, however, will have sanctions such as refusal to allow renewal of license plates if the owner of the vehicle has unpaid parking tickets. In some jurisdictions, such as New York City, a vehicle may be towed if it has overdue parking fines exceeding a specified balance and subjected to impounded vehicle auction if unredeemed. In many jurisdictions, such as Boston, vehicles with numerous outstanding parking citations are subject to booting.

New York City Largest city in the United States

The City of New York, usually called either New York City (NYC) or simply New York (NY), is the most populous city in the United States. With an estimated 2017 population of 8,622,698 distributed over a land area of about 302.6 square miles (784 km2), New York is also the most densely populated major city in the United States. Located at the southern tip of the state of New York, the city is the center of the New York metropolitan area, the largest metropolitan area in the world by urban landmass and one of the world's most populous megacities, with an estimated 20,320,876 people in its 2017 Metropolitan Statistical Area and 23,876,155 residents in its Combined Statistical Area. A global power city, New York City has been described as the cultural, financial, and media capital of the world, and exerts a significant impact upon commerce, entertainment, research, technology, education, politics, tourism, art, fashion, and sports. The city's fast pace has inspired the term New York minute. Home to the headquarters of the United Nations, New York is an important center for international diplomacy.

Boston Capital city of Massachusetts, United States

Boston is the capital and most populous city of the Commonwealth of Massachusetts in the United States. The city proper covers 48 square miles (124 km2) with an estimated population of 685,094 in 2017, making it also the most populous city in New England. Boston is the seat of Suffolk County as well, although the county government was disbanded on July 1, 1999. The city is the economic and cultural anchor of a substantially larger metropolitan area known as Greater Boston, a metropolitan statistical area (MSA) home to a census-estimated 4.8 million people in 2016 and ranking as the tenth-largest such area in the country. As a combined statistical area (CSA), this wider commuting region is home to some 8.2 million people, making it the sixth-largest in the United States.

Wheel clamp

A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel.

<i>Manual on Uniform Traffic Control Devices</i> federal highway manual

The Manual on Uniform Traffic Control Devices (MUTCD) is a document issued by the Federal Highway Administration (FHWA) of the United States Department of Transportation (USDOT) to specify the standards by which traffic signs, road surface markings, and signals are designed, installed, and used. These specifications include the shapes, colors, and fonts used in road markings and signs. In the United States, all traffic control devices must legally conform to these standards. The manual is used by state and local agencies as well as private construction firms to ensure that the traffic control devices they use conform to the national standard. While some state agencies have developed their own sets of standards, including their own MUTCDs, these must substantially conform to the federal MUTCD.

California Department of Transportation government agency

The California Department of Transportation (Caltrans) is an executive department of the US state of California. The department is part of the cabinet-level California State Transportation Agency (CalSTA). Caltrans is headquartered in Sacramento.

New York State Department of Transportation government agency in New York

The New York State Department of Transportation (NYSDOT) is the department of the New York state government responsible for the development and operation of highways, railroads, mass transit systems, ports, waterways and aviation facilities in the U.S. state of New York.

Europe

Car being towed in Ireland Promoting sensible parking.jpg
Car being towed in Ireland
No parking Sweden road sign C35.svg
No parking
No stopping Sweden road sign C39.svg
No stopping
2135 photos of illegal parking received by the Portuguese civil organization Passeio Livre (Free sidewalk) published on their 5th anniversary

In Europe, parking tickets are also heavily used. In Sweden, parking violations on street are considered traffic crimes with a fine. If the fine is not objected or paid within a specified time, the Swedish Enforcement Administration will claim money from bank accounts or other assets, relatively fast. The owner will be noted as a bad payer, and will not get a loan or a new rental apartment etc. for three years.[ citation needed ] A parking violation on a parking place (not on the street) is considered a break of contract which results in a penalty fee with different rules. According to statistics from Stockholm the cars with the highest number of parking violations (weighted for number of cars) are Jeep, Mercedes-Benz, Porsche and Lexus. Mercedes owners were the worst for parking in handicap spaces. Professor Gunnar Aronsson at the department for psychology at Stockholm university believes this is due to the owners being well-off and thinking that their time is more important. [1] [2] According to Jan Prestberg at the traffic office in Stockholm the fines are low enough to be ignored by richer people. [3] It is often hard to find parking spots in big cities. After wheel-locks were introduced in London, the prices for rented parking spots went up considerably.

Jeep Brand of American Cars

Jeep is a brand of American automobile and division of FCA US LLC, a wholly owned subsidiary of the Italian-American corporation Fiat Chrysler Automobiles. Jeep has been a part of Chrysler since 1987, when Chrysler acquired the Jeep brand, along with remaining assets, from its previous owner: American Motors Corporation (AMC).

Mercedes-Benz is a German global automobile marque and a division of Daimler AG. The brand is known for luxury vehicles, buses, coaches, and trucks. The headquarters is in Stuttgart, Baden-Württemberg. The name first appeared in 1926 under Daimler-Benz. In 2018, Mercedes-Benz was the biggest selling premium vehicle brand in the world, having sold 2.31 million passenger cars.

Foreign-registered vehicles in Europe in reality can not be fined. This is partly because it is too much work to find the owner in a foreign country, but mainly because it is not legally possible to claim money from a foreign resident person if they don't pay voluntarily.[ citation needed ] The European Union is introducing legislation into all member countries to collect fines across borders. In some cities, like London, this has been solved by locking one wheel of a falsely parked vehicle. The driver has to pay to be able to drive.

New Zealand

In New Zealand, parking fines are mostly issued by council parking officers, but can also be issued by police officers. Parking tickets are mostly attached to an unattended vehicle, or they can be posted to the address of the registered owner. Posting tickets are commonly used by parking officers when the person concerned appears to be hostile or aggressive, so minimal contact can take place for safety reasons. Usually, the most common parking fines issued are those for parking over the time limit.

Australia

Parking fines were introduced in the 1950s in New South Wales, Australia. At that time, council rangers only worked in council car parks and parking fines on the streets, mainly in Sydney were issued by the NSW Parking Police. These were employees of the New South Wales Police Force. Up until about 1995, these fines were issued and processed by the NSW Police and the fines were processed by the traffic penalties section of the police. This section was mostly staffed by clerical staff employed by the police, however they were not members of the police force. If fines were unpaid, the courts could decide on a penalty, and if then unpaid, a warrant would be made out and a person could spend time in jail to cover the amount of the fine. Now the system is different with the State Debt Recovery Office handling the fines.

Ancient Assyria

Possibly the first parking restrictions were put in place in Nineveh, the capital of ancient Assyria in c.700 BC. The restrictions are due to their king Sennacherib (704 to 681 BC) and pertained to the sacred main processional way through Nineveh. The oldest parking signs ever discovered read "ROYAL ROAD - LET NO MAN DECREASE IT". The penalty for parking a chariot on this road was death followed by impaling outside one's own home. [4] [5]

See also

Related Research Articles

Parking meter

A parking meter is a device used to collect money in exchange for the right to park a vehicle in a particular place for a limited amount of time. Parking meters can be used by municipalities as a tool for enforcing their integrated on-street parking policy, usually related to their traffic and mobility management policies, but are also used for revenue.

A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "motion" distinguishes it from other motor vehicle violations, such as paperwork violations, parking violations, or equipment violations. Moving violations often increase insurance premiums.

Traffic ticket punishment

A traffic ticket is a notice issued by a law enforcement official to a motorist or other road user, indicating that the user has violated traffic laws. Traffic tickets generally come in two forms, citing a moving violation, such as exceeding the speed limit, or a non-moving violation, such as a parking violation, with the ticket also being referred to as a parking citation, or parking ticket.

Parking enforcement officer

A parking enforcement officer (PEO), traffic warden, parking inspector/parking officer, or civil enforcement officer is a member of a traffic control department or agency who issues tickets for parking violations. The term parking attendant is sometimes considered a synonym but sometimes used to refer to the different profession of parking lot attendant.

A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation, regulations, and decrees. The civil fine is not considered to be a criminal punishment, because it is primarily sought in order to compensate the state for harm done to it, rather than to punish the wrongful conduct. As such, a civil penalty, in itself, will not carry jail time or other legal penalties. For example, if a person were to dump toxic waste in a state park, the state would have the same right to seek to recover the cost of cleaning up the mess as would a private landowner, and to bring the complaint to a court of law, if necessary.

Public intoxication

Public intoxication, also known as "drunk and disorderly" and drunk in public, is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely from jurisdiction, but usually require some obvious display of intoxicated incompetence or behavior disruptive/obnoxious to public order before the charge is levied.

Atwater v. Lago Vista, 532 U.S. 318 (2001), was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt. The court ruled that such an arrest for a misdemeanor that is punishable only by a fine does not constitute an unreasonable seizure under the Fourth Amendment.

Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on the Internet. A person who wishes to plead not guilty or otherwise contest the charges is required to appear in court on the predetermined date on the citation, where he or she may argue before the judge or negotiate with the prosecutor before being called to appear in front of the judge. Most prosecutors will not negotiate with someone who does not have a lawyer. The person may also request a trial by written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. In the case of a trial by written declaration, the accused does not have to be present in the court room; he or she may just explain the reason to defense for the case. The officer will also be required to turn in his or her declaration. The judge will then make a decision based on the declarations and evidence from both sides. At the conclusion of the written trial the accused is allowed to request a new in-person hearing if he or she is not satisfied with the outcome of the written trial, by filing a trial de novo request.

Fixed penalty notices (FPNs) were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

A penalty point or demerit point system is one in which a driver's licensing authority, police force, or other organization issues cumulative demerits, or points to drivers on conviction for road traffic offenses. Points may either be added or subtracted, depending on the particular system in use. A major offense may lead to more than the maximum allowed points being issued. Points are typically applied after driving offenses are committed, and cancelled a defined time, typically a few years, afterwards, or after other conditions are met; if the total exceeds a specified limit, the offender may be disqualified from driving for a time, or the driving license may be revoked. Fines and other penalties may be applied additionally, either for an offense, or after a certain number of points have been accumulated.

Decriminalised parking enforcement

Decriminalised parking enforcement (DPE) is the name given in the United Kingdom to the civil enforcement of car parking regulations, carried out by civil enforcement officers, operating on behalf of either a local authority or a private firm. The Road Traffic Act 1991 provided for the decriminalisation of parking-related contraventions committed within controlled parking zones (CPZ) administered by local councils across the UK. The CPZs under the control of the local councils are also referred to as yellow routes and they can be easily identified with yellow lines marked on the roads with relevant time plates. Some councils employ parking attendants to enforce their CPZs directly while others contract their on-street parking enforcement to private companies.

In United States law, reckless driving is a major moving traffic violation. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention and is often punishable by fines, imprisonment, or driver's license suspension or revocation.

Disabled parking permit

A disabled parking permit, also known as a disabled badge, disabled placard, handicapped permit, handicapped placard, handicapped tag, and "Blue Badge" in the European Union, is displayed upon parking a vehicle permitting the operator of a vehicle to special privileges regarding the parking of that vehicle. These privileges include parking in a space reserved for persons with disabilities, or in some situations, permission to park in a time-limited space for a longer time, or to park at a meter without payment.

Knowles v. Iowa, 525 U.S. 113 (1998), was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense.

Seat belt laws in the United States

Most seat belt laws in the United States are left to the states. However, the first seat belt law was a federal law, Title 49 of the United States Code, Chapter 301, Motor Vehicle Safety Standard, which took effect on January 1, 1968, that required all vehicles to be fitted with seat belts in all designated seating positions. This law has since been modified to require three-point seat belts in outboard-seating positions, and finally three-point seat belts in all seating positions. Initially, seat belt use was voluntary. New York was the first state to pass a law which required vehicle occupants to wear seat belts, a law that came into effect on December 1, 1984. Officer Nicholas Cimmino of the Westchester County Department of Public Safety wrote the nation's first ticket for such violation. New Hampshire is the only state that has no enforceable laws for the wearing of seat belts in a vehicle.

A civil enforcement officer is a person employed to enforce parking, traffic and other restrictions and laws in England & Wales. In England, they are employed by county councils, London Borough Councils, metropolitan district councils or Transport for London, and in Wales by county (borough) councils - or private companies contracted by any of the above. Until the passage of the Traffic Management Act 2004, on-street parking and traffic movement violations were enforced by non-warranted police traffic wardens employed by constabularies. Off-street parking violations were enforced by parking attendants employed by local authorities and private companies.

The Philadelphia Parking Authority (PPA) was created by a Philadelphia City Council ordinance adopted on January 11, 1950, as authorized by the Commonwealth of Pennsylvania Parking Authority Law .

Ticket quotas are commonly defined as any establishment of a predetermined or specified number of traffic citations an officer must issue in a specified time. Some police departments may set "productivity goals" but deny specific quotas. In many places, such as California and Florida, traffic ticket quotas are specifically prohibited by law or illegal.

These road signs are used in Germany.

References

  1. "Porscheägare i topp bland felparkerare" . Retrieved 9 April 2017.
  2. "Nyheterna - tv4.se" . Retrieved 9 April 2017.
  3. Olsson, Tobias. "Bilarna som felparkerar oftast" . Retrieved 9 April 2017.
  4. L. Sprague de Camp, Ancient Engineers, p 71, Tandem Publishing 1977 ISBN   0-426-18120-4.
  5. Joseph C. Ingraham, Modern traffic control, p18, Funk & Wagnalls, 1954.