brightfalcon522
Newcomer
8 messages
joined Feb 2009
Section 84.
(1) A police officer or a local government official can order a vehicle to be moved if it is stopped or parked on a road where it endangers traffic safety or obstructs the normal flow of traffic in the following cases:
1) in a spot reserved for vehicles used by people with disabilities,
2) at a marked crosswalk, pedestrian island, or pedestrian zone,
3) on a sidewalk where a pedestrian is forced to step into the street or onto another surface because of the vehicle (if the gap between the parked car and a building is less than 40 inches),
4) at a railroad or tram crossing at grade, or near those tracks, if it prevents vehicles from using the rails,
5) at an intersection, or within 16 feet of the edge of a cross street, if it reduces visibility,
6) in a tunnel, on a bridge, in an underpass, overpass, or on sections of road beneath bridges or overpasses,
7) on a section of road near a hilltop or a curve where visibility is insufficient and passing another vehicle would be dangerous,
8) in a spot where a parked vehicle would block another car from parking or exiting, or where it blocks a driveway, garage, or courtyard entrance,
9) on a bike lane, bike path, or a bike crossing,
10) on a section of the roadway marked as a public transit stop via pavement markings or signs,
11) in a spot where a vehicle would block a traffic sign or a signal light,
12) on a section of road where the clearance between the parked vehicle and the continuous longitudinal line or an obstruction is less than 10 feet, or the distance to the opposite edge of the road is less than 13 feet.
(2) A vehicle improperly stopped or parked in the locations listed in paragraph 1 of this section cannot be impounded under the provisions of Section 5, paragraph 1, point 8 of this Act.
(3) Before issuing a move order under paragraph 1 of this section, the position of the improperly stopped or parked vehicle must be documented via photograph, sketch, or video.
Your car was endangering traffic safety or obstructing the flow of traffic. However, you didn't commit any violations covered by Sections 12, 79, 80, 82, or 83 of the Road Safety Act. Therefore, there is no basis for a fine—only for moving the vehicle. The cost of the move is billed by the Parking Authority.
The officer didn't let you off the hook. He was just doing his job. Based on the photos sent from the field for the move request, he didn't see the legal requirements to issue a citation, so he didn't write one. There were no grounds for it.
Keep in mind, Section 84, paragraph 1 (endangering safety or obstructing traffic) is also used to move vehicles that violate Section 12, paragraph 4 or Section 80, paragraph 3 of the Road Safety Act (like ignoring "No Parking" signs or parking in the middle of the road). In those specific cases, you get the move order *and* the fine.