What does the law say about stopping and parking on public roads?

Is your parking a frustration to others – and more important – is your parking an accident risk for other road users? On the Car Insurance Blog we have discussed several aspects of dangerous parking and in this post we would like to provide insights with regards to the Rules of the Road and paking violations.

Question:

There was information on your site (i.e. arrivealive) regarding parking regulation on public roads and just wanted to find out which act or by-law does it emanate from.

Answer:

Yes regulation 304 and 305 refer. It is part of those rules one has to study to get a licence and then promptly forgets afterwards. I include the rules for stopping as you may not park where you may not stop.

Stopping of vehicles

Reg 304. Except in order to avoid an accident, or in compliance with a road traffic sign or with a direction given by a traffic officer, or for any cause beyond the control of the driver, no person shall stop a vehicle on the roadway of a public road—
(a) alongside or opposite an excavation or obstruction on the public road if other traffic would be obstructed or endangered by such stopping;
(b) within any tunnel or subway or on any bridge or within six metres of any tunnel, subway or bridge;
(c) on, or within six metres from the beginning or end of, any part of such roadway where the normal width thereof has for any reason been constricted;
(d) in contravention of any road traffic sign;

(e) on the right hand side of such roadway facing oncoming traffic;
(f) alongside or opposite any other vehicle on such roadway where such roadway is less than nine metres wide;
(g) within the railway reserve at a level crossing;
(h) within nine metres of his or her approaching side of a pedestrian crossing demarcated by appropriate road traffic signs; or
(i) in any other place where the stopping of a vehicle would or would be likely to constitute a danger or an obstruction to other traffic.

Parking of vehicles

Reg 305. (1) No person shall park a vehicle on a public road—

(a) in contravention of any road traffic sign;
(b) in any place referred to in regulation 304;
(c) on the same side as a fire hydrant within an area bounded by the centre-line of the roadway and lines at right angles to such centre-line one and a half metres on either side of the hydrant, if such hydrant is clearly visible to and recognisable as such by drivers of moving vehicles, or if it is indicated by an appropriate road traffic sign;
(d) in any place where the vehicle would obscure any road traffic sign;
(e) in such manner as to encroach upon the sidewalk, if any; or
(f) in such manner as to obstruct any private or public vehicular entrance to such road.
(2) The provisions of subregulation (1)(e) shall not apply to any vehicle, other than a motor vehicle, while it is being used in carrying on the business of street vendor, pedlar or hawker, unless it exceeds such maximum weight, height, length or mass as may be prescribed in these regulations.
(3) No person shall park a vehicle on any portion of the roadway (excluding the shoulders) of a public road outside an urban area or with any part of such vehicle within one metre of the edge of such roadway except in a parking place demarcated by an appropriate road traffic sign.
(4) No person shall park a vehicle on the roadway of a public road within an urban area—
(a) within nine metres of the side from which he or she approaches a pedestrian crossing demarcated by appropriate road traffic signs, unless such parking is permitted by appropriate road traffic signs;
(b) within five metres of any intersection unless such parking is permitted by a road traffic sign;
(c) upon or over the actuating mechanism of a traffic signal;
(d) (i) with the outside of any left hand wheel thereof more than 450 millimetres within the roadway; or
(ii) where the public road concerned is restricted to vehicles moving in one direction and the vehicle is parked on the side of the roadway, with the outside of any right hand wheel thereof more than 450 millimetres within the roadway, unless such parking is permitted by an appropriate road traffic sign; or

(e) which is less than five and a half metres wide unless the public road concerned is restricted to vehicles moving in one direction and such parking is permitted by appropriate road traffic signs.
(5) No person shall park a motor vehicle on a traffic island or in a pedestrian mall or pedestrian lane.
(6) Whenever a vehicle has been parked in contravention of any provision of the Act or any by law made under the Act, or in contravention of or in disregard of the directions of any road traffic sign or notice board as prescribed in these regulations, such vehicle may be removed or caused to be removed and impounded by a traffic officer, and unless the vehicle has been so parked in the course of a theft thereof, the owner shall bear the costs of such removal and impoundment.
(7) No person other than the disabled person shall park a motor vehicle on a parking bay reserved for disabled persons.

Regards

Alta Swanepoel & Associates

Also view:

  1. Parking with caution can prevent vehicle theft
  2. What does the law say about ‘Storing’ vehicles by parking on a public road
  3. Car Insurer finds women fear parallel parking!

View the Video and find that some are very serious in addressing illegal Parking!!

This is the incredible moment a frustrated mayor drove an armoured vehicle over a Mercedes-Benz S-Class parked in a cycle lane. Arturas Zuokas became infuriated with motorists parking their luxury cars illegally around the Lithuanian capital of Vilnius. So the 43-year-old politician drove over this Merc in a Russian tank to set an example. The mayor said: “I’ve had enough of these drivers parking their luxury cars on bike lanes and pedestrian crossings. This tank is a good tool to solve the problem of parking in the wrong place.”

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