"Unattended" vehicle running in fire lane (316.1975)

[Carlosos]

I received today a ticket for "running unattended in fire lane" in Florida. (316.1975)

I was unloading a car and bringing something heavy in the store (at a place where I could still see the car). I do this every weekday and the owner allows me to leave the car running in front of the store for the one or two minutes it takes. About 100 meters away in the same mall is a sign for 10 minutes unloading in front of another store. I see no difference between me unloading while the car is running and the UPS/FedEx car doing the same.

What do you think are the chances to get out of the ticket? I don't see it as unattended vehicle if I can still see the car (and I'm only like 5 meters away from it) and even 100 meters away is a sign for 10 minute unloading/loading.

Thank you for the advice in advance.

[seniorjudge]

Originally Posted by Carlosos

I received today a ticket for "running unattended in fire lane" in Florida. (316.1975)

I was unloading a car and bringing something heavy in the store (at a place where I could still see the car). I do this every weekday and the owner allows me to leave the car running in front of the store for the one or two minutes it takes. About 100 meters away in the same mall is a sign for 10 minutes unloading in front of another store. I see no difference between me unloading while the car is running and the UPS/FedEx car doing the same.

What do you think are the chances to get out of the ticket? I don't see it as unattended vehicle if I can still see the car (and I'm only like 5 meters away from it) and even 100 meters away is a sign for 10 minute unloading/loading.

Thank you for the advice in advance.

Q: What do you think are the chances to get out of the ticket?

A: Slim to none.

[Happy Trails]

Originally Posted by Carlosos

I received today a ticket for "running unattended in fire lane" in Florida. (316.1975)

I was unloading a car and bringing something heavy in the store (at a place where I could still see the car). I do this every weekday and the owner allows me to leave the car running in front of the store for the one or two minutes it takes. About 100 meters away in the same mall is a sign for 10 minutes unloading in front of another store. I see no difference between me unloading while the car is running and the UPS/FedEx car doing the same.

What do you think are the chances to get out of the ticket? I don't see it as unattended vehicle if I can still see the car (and I'm only like 5 meters away from it) and even 100 meters away is a sign for 10 minute unloading/loading.

Thank you for the advice in advance.

I agree with SJ and here's why:

From Florida statutes:

316.1975 Unattended motor vehicle.--

(1) A person driving or in charge of any motor vehicle may not permit it to stand unattended without first stopping the engine, locking the ignition, and removing the key. A vehicle may not be permitted to stand unattended upon any perceptible grade without stopping the engine and effectively setting the brake thereon and turning the front wheels to the curb or side of the street. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

(2) This section does not apply to the operator of:

(a) An authorized emergency vehicle while in the performance of official duties and the vehicle is equipped with an activated antitheft device that prohibits the vehicle from being driven;

(b) A licensed delivery truck or other delivery vehicle while making deliveries; or

(c) A solid waste or recovered materials collection vehicle while collecting such items.

---------------------------------

As you see, UPS/FedEx can do it; you on the otherhand can't.

[Carlosos]

Ok, thank you for taking your time.

So the main reason is that it was not registered as delivery car and the engine wasn't turned off (I was working for someone and he didn't want to register the car as business car due to increased insurance). Maybe I can get him to pay the ticket for me or part of it.

This should be put into the driver license learning book (at least nobody that I asked remembered seeing anything about this law in it)

Thank you again. This seems to be a great community.

[The Occultist]

Originally Posted by Carlosos

This should be put into the driver license learning book (at least nobody that I asked remembered seeing anything about this law in it)

I'm fairly certain that book does state that you can't park/stand in a fire zone. I also figured the sign the mere 100m away indicated that that area should be used for loading/unloading. Sometimes you just have to draw your own conclusions.

[AHA]

Originally Posted by Carlosos

I received today a ticket for "running unattended in fire lane" in Florida. (316.1975)

I was unloading a car and bringing something heavy in the store (at a place where I could still see the car). I do this every weekday and the owner allows me to leave the car running in front of the store for the one or two minutes it takes. About 100 meters away in the same mall is a sign for 10 minutes unloading in front of another store. I see no difference between me unloading while the car is running and the UPS/FedEx car doing the same.

What do you think are the chances to get out of the ticket? I don't see it as unattended vehicle if I can still see the car (and I'm only like 5 meters away from it) and even 100 meters away is a sign for 10 minute unloading/loading.

Thank you for the advice in advance.

It doesn't matter that you could SEE the car, you weren't in it so therefore it was unattended.

[moburkes]

Originally Posted by Carlosos

Ok, thank you for taking your time.

So the main reason is that it was not registered as delivery car and the engine wasn't turned off (I was working for someone and he didn't want to register the car as business car due to increased insurance). Maybe I can get him to pay the ticket for me or part of it.

This should be put into the driver license learning book (at least nobody that I asked remembered seeing anything about this law in it)

Thank you again. This seems to be a great community.

I hope he never has to USE that insurance, then. It might not be there when he needs it, since he lies to his insurance company. Might want to tel yoru boss THAT! What's the point of paying for cheap insurance, or any insurance, for that matter, if it won't pay for YOU, when the claim is filed?