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

[trisporter]

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

[justalayman]

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.

[FlyingRon]

Actually the state has a code that mandates parking on the right side of the road: 316.195

[justalayman]

that's what I get for being lazy and not researching it.

[HomeGuru]

Originally Posted by trisporter

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.

[I_Got_Banned]

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!!!

[FlyingRon]

Originally Posted by I_Got_Banned

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.

[HomeGuru]

Originally Posted by FlyingRon

By that argument one could never parallel park as it involves backing up.

**A: wouldn't that be considered reverse parking?

[12345672]

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?

[HomeGuru]

Originally Posted by 12345672

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.

[I_Got_Banned]

Originally Posted by FlyingRon

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.

[I_Got_Banned]

Originally Posted by 12345672

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.

[12345672]

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.