+ Reply to Thread
Results 1 to 13 of 13
  1. #1
    trisporter is offline Junior Member
    Join Date
    Oct 2007
    Posts
    6

    Parking against the traffic flow on a two way residential street.

    What is the name of your state (only U.S. law)? Florida

    My sons park in front of our home which is legal. However they sometimes park against the flow of the two way traffic but are otherwise on the shoulder of the road. The street is not maintained by the city or the state, but by our homeowners association.

    One of the neighborhood ****'s reported this to the police who came by and asked my son to repark the vehicle with the flow of traffic. I asked if there was a specific statute against it and he replied that it was a good idea but did not directly answer my question.

    Now I'm annoyed and want to know the truth. Is it against Florida state law, Seminole County or Altamonte Spring ordinances?

    Thanks
  2. #2
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,923
    it is most likely a local ordinance, if it exists. Just such ordinances exist in many areas of the country due to the fact that parking heading the wrong direction is more dangerous when pulling back in to traffic.
  3. #3
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,422
    Actually the state has a code that mandates parking on the right side of the road: 316.195
  4. #4
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    33,923
    that's what I get for being lazy and not researching it.
  5. #5
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Quote Originally Posted by trisporter View Post
    What is the name of your state (only U.S. law)? Florida

    My sons park in front of our home which is legal. However they sometimes park against the flow of the two way traffic but are otherwise on the shoulder of the road. The street is not maintained by the city or the state, but by our homeowners association.

    One of the neighborhood ****'s reported this to the police who came by and asked my son to repark the vehicle with the flow of traffic. I asked if there was a specific statute against it and he replied that it was a good idea but did not directly answer my question.

    Now I'm annoyed and want to know the truth. Is it against Florida state law, Seminole County or Altamonte Spring ordinances?

    Thanks
    **A: the truth will set you free.
  6. #6
    I_Got_Banned is offline Senior Member
    Join Date
    Aug 2008
    Location
    Back in LA LA land
    Posts
    2,885
    Even if there was no state municipal or local ordinances on the books to forbid it, think of it this way:

    For you to park your car that way means that you actually drove onto the opposing traffic's lane to get there... And the next time you're going somewhere you will end up having to drive opposite of traffic to get to the right side of the road. Every state has laws that forbid that!!!
  7. #7
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,422
    Quote Originally Posted by I_Got_Banned View Post
    Even if there was no state municipal or local ordinances on the books to forbid it, think of it this way:

    For you to park your car that way means that you actually drove onto the opposing traffic's lane to get there... And the next time you're going somewhere you will end up having to drive opposite of traffic to get to the right side of the road. Every state has laws that forbid that!!!
    By that argument one could never parallel park as it involves backing up.
  8. #8
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Quote Originally Posted by FlyingRon View Post
    By that argument one could never parallel park as it involves backing up.
    **A: wouldn't that be considered reverse parking?
  9. #9
    12345672 is offline Member
    Join Date
    Mar 2008
    Posts
    142
    The OP said that the street is not maintained by the government, but rather privately by a HOA. So the street may not be a public road at all, but rather a private driveway.

    Does the Florida law apply to the private driveway described by the OP?
  10. #10
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,918
    Quote Originally Posted by 12345672 View Post
    The OP said that the street is not maintained by the government, but rather privately by a HOA. So the street may not be a public road at all, but rather a private driveway.

    Does the Florida law apply to the private driveway described by the OP?
    **A: the HOA rules apply.
  11. #11
    I_Got_Banned is offline Senior Member
    Join Date
    Aug 2008
    Location
    Back in LA LA land
    Posts
    2,885
    Quote Originally Posted by FlyingRon View Post
    By that argument one could never parallel park as it involves backing up.
    There are no laws that prohibit backing up for the purposes of parking.
    BUT...
    There are laws that prohibit driving on the opposite side of the road.
  12. #12
    I_Got_Banned is offline Senior Member
    Join Date
    Aug 2008
    Location
    Back in LA LA land
    Posts
    2,885
    Quote Originally Posted by 12345672 View Post
    The OP said that the street is not maintained by the government, but rather privately by a HOA. So the street may not be a public road at all, but rather a private driveway.

    Does the Florida law apply to the private driveway described by the OP?
    316.640 Enforcement.--The enforcement of the traffic laws of this state is vested as follows:

    (1) STATE.--
    (a)1.a. The Division of Florida Highway Patrol of the Department of Highway Safety and Motor Vehicles; the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the Division of Law Enforcement of the Department of Environmental Protection; law enforcement officers of the Department of Transportation; and the agents, inspectors, and officers of the Department of Law Enforcement each have authority to enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the state wherever the public has a right to travel by motor vehicle.

    (2) COUNTIES.--
    (a) The sheriff's office of each of the several counties of this state shall enforce all of the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the county wherever the public has the right to travel by motor vehicle. In addition, the sheriff's office may be required by the county to enforce the traffic laws of this state on any private or limited access road or roads over which the county has jurisdiction pursuant to a written agreement entered into under s. 316.006(3)(b).

    (3) MUNICIPALITIES.--
    (a) The police department of each chartered municipality shall enforce the traffic laws of this state on all the streets and highways thereof and elsewhere throughout the municipality wherever the public has the right to travel by motor vehicle. In addition, the police department may be required by a municipality to enforce the traffic laws of this state on any private or limited access road or roads over which the municipality has jurisdiction pursuant to a written agreement entered into under s. 316.006(2)(b). However, nothing in this chapter shall affect any law, general, special, or otherwise, in effect on January 1, 1972, relating to "hot pursuit" without the boundaries of the municipality.
  13. #13
    12345672 is offline Member
    Join Date
    Mar 2008
    Posts
    142
    316.006(2)(b):
    (b) A municipality may exercise jurisdiction over any private road or roads, or over any limited access road or roads owned or controlled by a special district, located within its boundaries if the municipality and party or parties owning or controlling such road or roads provide, by written agreement approved by the governing body of the municipality, for municipal traffic control jurisdiction over the road or roads encompassed by such agreement. Pursuant thereto:

    1. Provision for reimbursement for actual costs of traffic control and enforcement and for liability insurance and indemnification by the party or parties, and such other terms as are mutually agreeable, may be included in such an agreement.

    2. The exercise of jurisdiction provided for herein shall be in addition to jurisdictional authority presently exercised by municipalities under law, and nothing in this paragraph shall be construed to limit or remove any such jurisdictional authority. Such jurisdiction includes regulation of access to such road or roads by security devices or personnel.

    3. Any such agreement may provide for the installation of multiparty stop signs by the parties controlling the roads covered by the agreement if a determination is made by such parties that the signage will enhance traffic safety. Multiparty stop signs must conform to the manual and specifications of the Department of Transportation; however, minimum traffic volumes may not be required for the installation of such signage. Enforcement for the signs shall be as provided in s. 316.123.

    4. The board of directors of a homeowners' association as defined in chapter 720 may, by majority vote, elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.
    So, if the HOA has voted to have the traffic laws apply and if there is a written agreement with their municipality to enforce the laws on private property, then the OP's sons could be ticketed. If the HOA has not, then they can't be ticketed. This is assuming that the road really is a private road.

Similar Threads

  1. VA Impeding the flow of traffic
    By Kaden in forum Speeding and Other Moving Violations
    Replies: 21
    Last Post: 10-27-2010, 09:26 AM
  2. parking multiple commercial vehicles on a residential street
    By 1person in forum Parking Tickets and Non-Moving Violations
    Replies: 3
    Last Post: 06-03-2008, 08:49 AM
  3. Residential Parking Car Hardly moved for 3 weeks from public street
    By Derrick1 in forum Parking Tickets and Non-Moving Violations
    Replies: 2
    Last Post: 07-07-2005, 07:03 AM
  4. Parking a Commercial Vehicle on a residential street
    By ezshots in forum Parking Tickets and Non-Moving Violations
    Replies: 2
    Last Post: 04-11-2005, 10:05 AM
  5. Traffic Flow in a Cul-De-Sac?
    By hansentw in forum Parking Tickets and Non-Moving Violations
    Replies: 14
    Last Post: 08-30-2004, 11:14 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.