Thread: What Does No Standing Mean?
04-02-2009, 05:07 AM #1
What Does No Standing Mean?
In reference to a no parking zone, I see signs that state "no parking, no stopping, no standing". Does that literally mean a person can't stand there, or is it a legal term referring to being in a vehicle but not moving? I am guessing stopping would mean just momentarily occupying the space, while standing would be residing in the area for a longer period of time?
A friend of a friend got a ticket for stopping in front a fire hydrant to drop someone off, and plans to fight it. It brought up a discussion of no parking zones, and another thought it literally meant a person couldn't stand there.
IMO, fighting it is a waste of time, but its his time to waste so whatever...I don't care really. I just want to know what the legal definition of standing is.
04-02-2009, 07:45 AM #2
- Join Date
- Jan 2008
"Stand" or "standing" means to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.
Stop" or "stopping" means:
(A) when required, to completely cease movement; and
(B) when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal.
This is in TX, so NJ might have different definitions.
04-02-2009, 08:57 AM #3
- Join Date
- Oct 2008
- Still Lurking About
You should check www.municode.com to see if your town is listed and check what the actual ordinance says. Some parking ordinances say that "standing" ie. remaining in your car while it's stationary, is the same as "parking". Therefore, if there are signs that say "no parking", you can't technically get out of the ticket by saying, "I wasn't parked, I was standing" (even though the magistrate may let you off anyway). Same goes for a fire hydrant or any other area where there doesn't need to be a sign posted to tell people that parking there is not allowed.
However, it sounds like a chicksht ticket to me and perhaps the judge or magistrate will apply the common sense that the officer apparently didn't. The reason you can't park in front of a fire hydrant is because the fire department might need access. If your friend was in the car the whole time and was just dropping someone off, he would presumably be out of there before any fires erupted in the area. And even if a fire did take place, he could easily move when the fire trucks started arriving on the street.
04-02-2009, 01:31 PM #4
In as far as parking enforcement goes, the order of stringency from strictest to least striict is as follows:
No Stopping - don't stop except for emergency reasons or upon the direction of a LEO.
No Standing - You may discharge a passenger, however you may not park your car even if the driver is behind the wheel and ready to move (that is "standing")
No Parking - you may not leave the car unattended...the driver may, however, stay behind the wheel (or stand).
04-02-2009, 02:48 PM #5
04-02-2009, 03:05 PM #6
Thanx, GB (This year I hit 30 OTJ and 20 as a Lou).
04-02-2009, 03:37 PM #7
Your friend did a bit more than violate a loitering or parking code violation, he parked in front of a "fire hydrant". That's a violation of state code where In my state. It's like parking in a fire zone. It's real petty until the firefighters have to save your life and have to navigate through idiots who park in front of their access to water source or access to the fire itself. I miss the days of when I first got into L.E. and the firefighters during an active alarm call would knock illegal parked cars parked in fire zones up on the curbs out of their way with their fire trucks. Then both the firefighters of the city I worked in and the thoughtless citizen would call us. I would smile as I handed the citizen a ticket just as the wrecker was pulling up to tow away his or her car.
Last edited by Nightshift va; 04-02-2009 at 03:39 PM."Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan
04-02-2009, 03:53 PM #8
I've seen the FDNY use their pikes to smash the windows out of cars parked at hydrants and run hoses through the car...that'll learn 'em.
04-02-2009, 04:44 PM #9"Some people spend an entire lifetime wondering if they made a difference in the world. The MARINES don't have that problem." ....Ronald Reagan
04-02-2009, 05:04 PM #10
04-02-2009, 05:23 PM #11Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!
[George Washington (1732 - 1799)]
04-02-2009, 05:25 PM #12
04-04-2009, 06:05 PM #13
Today I pulled over to drop off my friend at the bank on a very busy street as to not slow traffic, so I of course pulled where the fire hydrant is. I was there maybe 2 minutes waiting for pedestrians and traffic to clear so I could pull away. Right as I am about to pull away a cop hands me a $250 parking ticket for parking in front of a fire hydrant. I never left my car, never turned it off, was obviously trying to pull out as I was staring in my driver side mirror watching traffic the whole time.
Anyway, thanks for all the the replies everyone, I appreciate!