• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

CA - definition of driveway? parking in driveway violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TY003

Junior Member
What is the name of your state (only U.S. law)? CA

Hello! I received a ticket in violation of VC22500E - parking in driveway. I wanted to check what counted as a driveway. Where I parked (was a hilly area so we park 90 degrees to the curb), there is a sloping down of the curb to indicate a "driveway" however to be honest I could not tell this was a driveway. In the driveway there are three potted large plants, at least four potted small plants, at least 6 rolled up bales of wood (i think), and it is very evident that the garage linked to the driveway is already blocked.

Section 22500 E states:
(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.
--> I get that there's a slope in the curb that would indicate this is a driveway, but I wanted to confirm what the definition of a driveway was. Is it the sloping of the curb, or the fact that it's an entrance to something (because it is not an entrance to anything).

I think this is the definition of a driveway under CA law:
CVC 490 "Private road or driveway" is a way or place in private
ownership and used for vehicular travel by the owner and those having
express or implied permission from the owner but not by other
members of the public.

I actually thought about parking somewhere else but decided not to give in to my natural neurotic tendencies, and stayed with this original parking spot thinking the intent of the law is to prevent people from blocking an accessway (in this case, a garage), however in this case this access for vehicular travel clearly wasn't needed if there are large shrubbery and potted plants that are placed on the sideway and are clearly not easily movable. Is this truly a violation, if the owner of the building has blocked their own driveway (should they not get a ticket too??)? Wanted to check here to see if I have a chance at contesting. :confused:

Thanks in advance!!
 
Last edited by a moderator:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top