07-17-2017, 04:27 PM
(07-17-2017, 04:16 PM)Coke6pk Wrote:(07-13-2017, 10:55 PM)Pheidippides Wrote: Hoping our resident by-law expert will answer this one.
What constitutes no standing vs. no stopping vs. no parking?
For instance, is the “Chubbs Post hole and fence” truck seen here doing anything wrong? There is no parking allowed, but stopping is allowed outside of 11:30AM to 01:30PM and 4:30PM to 6:00PM.
So why is stopping even allowed in bike lanes at all (e.g Park between William and Allen)?
I go away for the weekend, and missed the "Bat signal" looking for me! Let me preface this with a "I worked in Kitchener, not Waterloo".
First off, definitions: Since the sign behind the vehicle shows No Stopping and No Parking restrictions, I'll define those:
“park” or “parking”, when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers
“stop” or “stopping”, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal
Stopping is more restrictive, but in this case, the vehicle is definitely Parked (Or if it met the time restrictions, I'd tag for Stopping, as it's a higher fine).
In Kitchener, even if there were no signs, it could be tagged for being parked in a restricted lane.... (Marked Diamond Lane for bicycles), I'm sure Waterloo has the same rule.
ljmorlan: The majority of the vehicle is in the restricted lane, therefore, its not considered in the traffic lane. If it was fully in the traffic lane, it could get a ticket for "Obstructing traffic".
There are also exemptions granted for construction work, and it is quite possible this vehicle got city permission to block the bike lane for the day.
If there were no "No Parking" signs, the vehicle could legally park in a traffic lane, as long as the bike lane remained clear. (This would obviously assume two traffic lanes in the same direction... otherwise it would be obstructing, and No Parking signs would be up)
Coke
Legalities are all well and good, but generally I've been told a few things:
1. Delivery vehicles where drivers are delivering packages will not be ticketed under any circumstances.
2. Vehicles will not be ticked for being in a bike lane unless there are *also* no parking signs.
I'm also curious, are you saying that vehicles parked in vehicle lanes not marked with "no parking" can be ticketed? That is contrary to what I understood which is no "No Parking" implies parking.