Here is everyones answer on Parking Tickets

[janetta1961]

I jsut research and found that the US Detp of Transportation Federal Highway Administration mandates ALL state to post signs. Here is a link to the PDF file for posting No Parking signs as well as other signs. (Of course I found this as part of "Uniform Traffic Control Devices (MUTCD), the Illinois Supplement to the MUTCD, pertinent City and Departmental Policies, the Illinois Vehicle Code" So check your manicipality codes and if they state they follow the State's code and/or US


[url]http://mutcd.fhwa.dot.gov/pdfs/millennium/06.14.01/2bndi.pdf[/url]

[tranquility]

How can the federal government MANDATE the signs the states put up? Even if they could, what would the remedy be if the state or locality didn't?

[janetta1961]

All I can say is Check it out yourself.

[janetta1961]

SUMMARY: The Manual on Uniform Traffic Control Devices (MUTCD) is
incorporated by reference in 23 CFR part 655, subpart F, approved by
the Federal Highway Administration, and recognized as the national
standard for traffic control devices used on all public roads. The
purpose of this final rule is to revise standards, guidance, options,
and supporting information relating to the traffic control devices in
all parts of the MUTCD, to expedite traffic, promote uniformity,
improve safety, and incorporate technology advances in traffic control
device application. The MUTCD, with these changes incorporated, is
being designated as the 2003 edition of the MUTCD.

EFFECTIVE DATE: This final rule is effective December 22, 2003. The
incorporation by reference of the publication listed in this regulation
is approved by the Director of the Office of the Federal Register as of
December 22, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Huckaby, Office of
Transportation Operations, Room 3408, (202) 366-9064, or Mr. Raymond
Cuprill, Office of the Chief Counsel, Room 4230, (202) 366-0791, U.S.
Department of Transportation, Federal Highway Administration, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.

[You Are Guilty]

Originally Posted by tranquility

How can the federal government MANDATE the signs the states put up? Even if they could, what would the remedy be if the state or locality didn't?

I guess that that year of ConLaw was a complete waste of time. Go Feds! No parking tickets for anyone!

[tranquility]

Of course, federalism was the primary motivation for my post. I think the governer of Texas made some statement to that effect today or yesterday. But, with some highway funding things, states do have to follow the federal guidelines voluntarily. That's how we had a national speed limit of 55 at one time and how DUI laws are coming to more and more standardization, federal funds are threatened to be withheld if the state does not comply.

Let's pretend that is the case here and the states do happen to fall under federal regulations in this matter.

What result? A state can't enforce its parking laws because it didn't follow federal regulations? Please. That would not be the remedy. Besides, we're going to file a 42 USC 1983 lawsuit because we got a parking ticket? Please, again. Even if it were MANDATORY the violation is something between the state and the feds, not between the state and the people who got a ticket.