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Driving on Sidewalk where there is an incline instead of a curb

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iopsycguy99

Junior Member
What is the name of your state? TX

I received a ticket for driving on a sidewalk on a public university campus. I accessed the "sidewalk" via an inclined ramp where I watch numerous vehicles drive everyday. I was unloading boxes at my office and was only there for ~10 minutes. I doubt that part matters. Trying to find a definition of what a temporary or permanent driveway is has been impossible. I'm not sure if the area is covered by county or city ordinance, but I'm guessing county (state?) since I have to appear in the JP county court. Can I fight the ticket? If so, on what grounds? Does the fact that other vehicles use the area factor in at all?
 


Happy Trails

Senior Member
What is the name of your state? TX

I received a ticket for driving on a sidewalk on a public university campus. I accessed the "sidewalk" via an inclined ramp where I watch numerous vehicles drive everyday. I was unloading boxes at my office and was only there for ~10 minutes. I doubt that part matters. Trying to find a definition of what a temporary or permanent driveway is has been impossible. I'm not sure if the area is covered by county or city ordinance, but I'm guessing county (state?) since I have to appear in the JP county court. Can I fight the ticket? If so, on what grounds? Does the fact that other vehicles use the area factor in at all?
Were you parked on the sidewalk?

It doesn't matter that others were doing the same thing. (They just didn't get caught.)

Here are two Texas statutes that may fit your situation. Check your ticket for the citation code.

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

§545.423 - CROSSING PROPERTY

(a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle.
(b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway.
-------------------------

§ 545.302. STOPPING, STANDING, OR PARKING PROHIBITED IN CERTAIN PLACES.
(a) An operator may not stop, stand, or park a vehicle:
(1) on the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(2) on a sidewalk;
(3) in an intersection;
(4) on a crosswalk;
(5) between a safety zone and the adjacent curb or within 30 feet of a place on the curb immediately opposite the ends of a safety zone, unless the governing body of a municipality designates a different length by signs or markings;
(6) alongside or opposite a street excavation or obstruction if stopping, standing, or parking the vehicle would obstruct traffic;
(7) on a bridge or other elevated structure on a highway or in a highway tunnel;
(8) on a railroad track; or
(9) where an official sign prohibits stopping.
(b) An operator may not, except momentarily to pick up or discharge a passenger, stand or park an occupied or unoccupied vehicle:
(1) in front of a public or private driveway;
(2) within 15 feet of a fire hydrant;
(3) within 20 feet of a crosswalk at an intersection;
(4) within 30 feet on the approach to a flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;
(5) within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance, if the entrance is properly marked with a sign; or
(6) where an official sign prohibits standing.
(c) An operator may not, except temporarily to load or unload merchandise or passengers, park an occupied or unoccupied vehicle:
(1) within 50 feet of the nearest rail of a railroad crossing; or
(2) where an official sign prohibits parking.
(d) A person may stop, stand, or park a bicycle on a sidewalk if the bicycle does not impede the normal and reasonable movement of pedestrian or other traffic on the sidewalk.
(e) A municipality may adopt an ordinance exempting a private vehicle operated by an elevator constructor responding to an elevator emergency from Subsections (a)(1), (a)(5), (a)(6), (a)(9), (b), and (c).
(f) Subsections (a), (b), and (c) do not apply if the avoidance of conflict with other traffic is necessary or if the operator is complying with the law or the directions of a police officer or official traffic-control device.
(g) If the governing body of a municipality determines that it is necessary to improve the economic development of the municipality's central business district and that it will not adversely affect public safety, the governing body may adopt an ordinance regulating the standing, stopping, or parking of a vehicle at a place described by Subsection (a)(1), other than a road or highway in the state highway system, in the central business district of the municipality as defined in the ordinance. To the extent of any conflict between the ordinance and Subsection (a)(1), the ordinance controls.
---------------


The university may also have rules on campus, such as the one below:

http://www.utexas.edu/parking/rules/sec7-0203.html

--------------------------
 

Happy Trails

Senior Member
Here is another one:

§ 545.422. CROSSING SIDEWALK OR HIKE AND BIKE TRAIL.

(a) A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway.
(b) Subsection (a) does not prohibit the operation of a motor vehicle on a hike and bike trail in connection with maintenance of the trail.
(c) In this section, "hike and bike trail" means a trail designed for the exclusive use of pedestrians, bicyclists, or both.
 

iopsycguy99

Junior Member
I did park, but the ticket was for driving

I was parked, but the ticket was for driving. Also, I've probably seen at least 4 to 5 cars/day drive in the same area over the last academic year and never seen one pulled over. We have a substantial police presence on campus and this is probably the most congested area in terms vehicles, bicycles, and pedestrians. I've been surprised that no one has complained in the past because these vehicles drive in the area with a large number of students walking (potential hazard?). My issue is in defining what is a sidewalk and what is a driveway. The area used for access is not bordered with a "normal" curb but an inclined border that spans roughly 80 to 100 feet along a curve. There is no sign to indicate that this area cannot be accessed by a vehicle and in fact is often accessed by vehicles (as previously indicated). I've looked through the state law and cannot find a definition for driveway as indicated below. It seems vague. I've checked the police and parking sites and there is nothing about what is considered a sidewalk, roadway, or driveway.

A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway.

I know that seeing someone else doing it is not going to work to fight the ticket, but I cannot understand why they would consider the area to be a sidewalk. It may be sour grapes, but I've never been so angry about a ticket and have never plead not guilty before because I know I've been guilty. This time I'm not so sure. Thanks for the help :)
 

Happy Trails

Senior Member
Did you find the code listed on your citation? This information may be helpful in looking up information pertaining to that specific charge. I'm curious, does this portion of the sidewalk that does not have the normal raised curb, lead to anywhere? (Like an alley....)

Two Texas definitions defined in statute below:

§ 541.302. TRAFFIC AREAS.


(9) "Private road or driveway" means a privately owned way or place used for vehicular travel and used only by the owner and persons who have the owner's express or implied permission.


(16) "Sidewalk" means the portion of a street that is:
(A) between a curb or lateral line of a roadway and the adjacent property line; and
(B) intended for pedestrian use.

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

You mentioned a couple sites you are researching, you need to be looking in the Texas Transportation section:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
 

justalayman

Senior Member
I was parked, but the ticket was for driving.
well, unless you carried the car there on your back, you drove on the sidewalk to park it where it was.

Also, I've probably seen at least 4 to 5 cars/day drive in the same area over the last academic year and never seen one pulled over.
I have heard of many people murdered too but that does not allow me to murder somebody. They "they were doing it too" defense quit working when I was about 10 years old.

We have a substantial police presence on campus and this is probably the most congested area in terms vehicles, bicycles, and pedestrians.
then I guess you really should stay off the sidewalk or you could end up hitting one of those pedestrians.

I've been surprised that no one has complained in the past because these vehicles drive in the area with a large number of students walking (potential hazard?).
Maybe they have and maybe that is why you recieved a ticket.

My issue is in defining what is a sidewalk and what is a driveway.
a driveway is an area intended for driving a car on. Without seeing your situation visually, it is impossible for me to imagine it.

The area used for access is not bordered with a "normal" curb but an inclined border that spans roughly 80 to 100 feet along a curve.
So you took this to be an "on ramp" then. How about "handicapped access?"

There is no sign to indicate that this area cannot be accessed by a vehicle
there are no signs in my town the restrict a vehicle from driving on the sidewalks and there are "on ramps" at every intersection but I have enough sense to know I am not supposed to drive on the sidewalk.
and in fact is often accessed by vehicles (as previously indicated).
I guess you believe it is okay that I go and kill somebody them (as previously explained)

I've looked through the state law and cannot find a definition for driveway as indicated below. It seems vague. I've checked the police and parking sites and there is nothing about what is considered a sidewalk, roadway, or driveway.

A person may not drive a motor vehicle on a sidewalk, sidewalk area, or hike and bike trail except on a permanent or authorized temporary driveway.

I know that seeing someone else doing it is not going to work to fight the ticket, but I cannot understand why they would consider the area to be a sidewalk.
Maybe because people walk there?? It may be sour grapes, but I've never been so angry about a ticket and have never plead not guilty before because I know I've been guilty. This time I'm not so sure. Thanks for the help :)

Just for fun, if you want folks to really see what you are talking about, find it on Google Earth and provide the exact long and lat coordinates. It may provide some explanation that does not come across well inthe written word.
 

iopsycguy99

Junior Member
Reply to happy trails

Did you find the code listed on your citation? This information may be helpful in looking up information pertaining to that specific charge. I'm curious, does this portion of the sidewalk that does not have the normal raised curb, lead to anywhere? (Like an alley....)
No code on the citation. This is common in Texas. I'm not sure if it leads to an alley. That is a good question. You can access parking lots and other roads from the area. It is built much like a road. I asked a guy driving there today from a glass company whether or not he had authorization to be driving there and he said no. He said that in order to do the job he was there to do, he had to get as close to the building he was working in as possible because of the large pieces of glass being delivered and taken away. If you have ever been on a large campus you know that delivering to buildings can be difficult due to how far parking lots and roads are from buildings. Think of it as a service road/sidewalk. I probably could have requested access prior to moving my stuff and been fine.

You mentioned a couple sites you are researching, you need to be looking in the Texas Transportation section:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm
Already checked this one out. I'm not sure if the private driveway stuff fits because it is not a private residence.

Thanks again.
 

iopsycguy99

Junior Member
Response to justalayman

OK, here goes... I took your post to be sarcastic so if mine seems that way you should understand. I'm not trying to be hostile. This is the main reason why I have always avoided these kind of means of communication with strangers.

well, unless you carried the car there on your back, you drove on the sidewalk to park it where it was.
If you read the original post, you will see that I already implied that I was driving.

My original quote:

I accessed the "sidewalk" via an inclined ramp

I have heard of many people murdered too but that does not allow me to murder somebody. They "they were doing it too" defense quit working when I was about 10 years old.
Again, if your read the posts...

My original qoute:

I know that seeing someone else doing it is not going to work to fight the ticket
then I guess you really should stay off the sidewalk or you could end up hitting one of those pedestrians.
There were two or three people walking in the area when I went (Sunday evening) vs. hundreds during the week.

Maybe they have and maybe that is why you recieved a ticket.
Doubtful. If they wanted to start making stops, they would do it during the week when there is more traffic.

a driveway is an area intended for driving a car on. Without seeing your situation visually, it is impossible for me to imagine it.
Finally, something worthwhile. Is this your definition or one from a law? I agree with you, I think you probably need to see what I'm talking about and I can't do it justice. I think if I could, you might see my point of view.

So you took this to be an "on ramp" then. How about "handicapped access?"
An 80 - 100 foot wide handicap ramp? OK. Handicap ramps are supposed to be at crosswalks - this is not at an intersection.

there are no signs in my town the restrict a vehicle from driving on the sidewalks and there are "on ramps" at every intersection but I have enough sense to know I am not supposed to drive on the sidewalk.
I guess you believe it is okay that I go and kill somebody them (as previously explained)
Yes, I agree that handicap access ramps at intersections are not an invitation to drive on the sidewalk. This is not an access ramp. Police officers drive there as well, but I do not see them drive on sidewalks like those out in front of your home. You act as if murder is always illegal.

Maybe because people walk there??
And drive there. People can also walk on driveways. roads, and service roads on campus. In fact, there is no such thing as jaywalking on campus.

Thanks for not helping at all and instead ranting about my responses to happy trails. I can be a smart a** too. I wanted to see if someone could provide a legal definition of what a permanent or temporary driveway is because the curb clearly changes to allow vehicle access. Also, I wanted to see if anyone else has ever received a ticket for driving on a sidewalk before and if they could share their story.

If your advice is to not fight it, then you should have said that. It would have been much more productive.

Please don't waste any more of your time with this post. Your advice is noted. It is doubtful that I will return because it appears no one can help.
 

justalayman

Senior Member
You may take it as sarcasm if you want but your defense simply proves you will not listen to any opposing points of view.

You asked, a few posts ago, about being ticketed while driving while you were simply parked and I simply suggested one of the few ways your car would have gotton on the sidewalk had you not been driving. YOU are the one that originally said anything about a ticket for driving while you were parked, not me.

s to handicapped accesibility; I have seen a ramp seemingly in the middle of a block and not at an intersection. Why? not sure. Maybe it ws not a hndicap ramp but merely the engineers design for the sidewalk where he felt that a curb caused a problem with the pedestrians so it was lowered to be near level with the roadway yet it still did not mean a person could drive on the sidewalk.

You mention the glass installer; he OBVIOUSLY knew he was on a sidewalk. It is not uncommon for a worker to do what he did. It is a unique and special circumstance and is oft overlooked.


and you had the opportunity to indicate exactly where this was so others could look at the situation but you did not do so. Apparently allowing others to look at the situation rather than simply accepting your description so they could make an independant opinion of the situation is not important to you so what that leaves you with is; nothing because nobody will tell you it is okay considering what you have posted, so, go to court and argue it, maybe the judge will have more undestanding because he may actually understand the location you are dealing with but that is up to you.
 

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