whats the legal definition of 'being parked'. ie. How does the law determine if you had parked,or just stopped

Question

For example, If I stop at the side of the road or in a parking bay with the engine running and me still at the wheel, can I be considered to have parked my vehicle under law. (even though I have not left my vehicle. And in this circumstance, can a warden still issue a ticket?

Answer 1

The test is "is the vehicle in use?"

So...if you are setting down or picking up passengers, then that is "loading", and the vehicle is in use (same thing as with a goods vehicle). If you stop to get a packet of fags, then while you're out of the vehicle, it's not in use, so it's "parked".

If you're stopped as in your question, then that is not "parked", as you could argue that you are "using" the vehicle to sit in. But...the legal definition of that is "waiting", and if you check your road signs, you'll see that the "no parking" sign actually means "no parking or waiting".

Answer 2

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RE:
whats the legal definition of 'being parked'. ie. How does the law determine if you had parked,or just stopped
For example, If I stop at the side of the road or in a parking bay with the engine running and me still at the wheel, can I be considered to have parked my vehicle under law. (even though I have not left my vehicle. And in this circumstance, can a warden still issue a ticket?

Answer 3

I know the thread is yrs old .. but despite searching 'law' documents .. here's one for you !!

I drive a Private Hire Vehicle.. and always sit on the council car parks between jobs, because I can't use the Taxi Ranks.

I get grief off the Council Enforcement Officers.. but am I actually 'parked'.. because I never leave the car... I just sit and wait ! Surely 'parking' is the act of leaving your car .. I'm in it .. so am I liable ?

Can I be issued a ticket under these circumstances ?

I'm usually quite good at the law as regards Taxi/Private Hire .. but this parking bit is baffling me !

Any answers quoting case law or the actual Act would be most welcome.

Regards

Stuart

Answer 4

If you've pulled in to let a passenger out, that's not parking unless there is a no stopping restriction. If you are waiting for them to return, you're parked. If you're map reading you're parked. The only thing about the engine running is that you could make a quick getaway when you see the parking gestapo

Answer 5

Parked Definition

Answer 6

32 (4)b Road Traffic Regulation Act 1984 ss32-63

States a "parking place" means a place where vehicles, or vehicles of any class, may wait.

Therefore parking and waiting are the same. It s not at all about what the driver is doing, it s actually about what the car is doing. It is stationary then it is considered Parked

Lastly a parking attendant can either leave a ticket on the windscreen of a car or give it to the driver. Therefore a driver can still be inside the car to cause a traffic violation.

Answer 7

You would have to check your jurisdiction but I think the situation you describe would probably be within the officer's parameters to cite you. For instance, if you pull over to the curb to check your map and it happens to be a red curb, no parking at any time, then even though you only stopped for a minute to check your map, the officer could still cite you for parking there. Generally we think of parking as turning off the motor and leaving the vehicle unattended. In most cases that would probably be correct, but in a place where parking or stopping is prohibited, then even though you were still behind the wheel with the engine running, your stopping could be causing a traffic obstruction or hindering emergency vehicles or creating a hazard to other drivers. Check the circumstances of the location involved and see if there are special reasons why no stopping was allowed at that location.

Answer 8

Yes you can be issued with a ticket if the vehicle is stopped, even if the engine is running. Obviously you were doing this in a restricted area. The whole point of parking restrictions is to keep traffic moving. If you stop your car where you are not supposed to, then you are causing an obstruction and deserve to get a ticket.

Answer 9

a pedophile is not someone who is just attracted to children, it is someone who acts on that... just like someone who thinks about murdering someone else is not legally a murderer until that have committed the act. Paedophilia is essentially about sec with children and anyone who is over the consential age, in my opinion that is 18, can be with anyone they want to so if a 99 year old woman is having a relationship with a 19 year old guy then that is legally acceptable, even though it seems a little distatefull

Answer 10

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mho, but I feel being attracted is one thing and harmless. People are people. But acting on that when you know better is when you cross that line. As for the other opinions of age differences between those of legal consent, thats irrelevant to the question and up to the individuals in the relationship.