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To: Mark

private parking lot is not a highway


69 posted on 05/09/2018 10:37:04 PM PDT by rolling_stone
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To: rolling_stone

Actually, in some jurisdictions, *some* parking lots *are* classed as a street. Usually done by local or county ordinance but some states do it too.

Here’s an example from Canada:
https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/

Virginia specifically says that any space open for the public to drive has the regular rules of the road apply - including publicly accessible but privately owned parking lots.

The state in question here, California, has this by inference. California Vehicle Code 14605 states that you need a license to drive in a parking lot. CVC 23103 states that persons driving in publicly accessible but privately owned parking lots may be charged with offenses like reckless driving. While it doesn’t specifically state that all the regs apply to all parking lots, it would be extremely hard to convince a judge or jury otherwise.


CVC 14605:
https://codes.findlaw.com/ca/vehicle-code/veh-sect-14605.html

(a) No person who owns or is in control of a motor vehicle shall cause or permit another person to operate the vehicle within or upon an offstreet parking facility if the person has knowledge that the driver does not have a driver’s license of the appropriate class or certification to operate the vehicle.

(b) No operator of an offstreet parking facility shall hire or retain in his employment an attendant whose duties involve the operating of motor vehicles unless such attendant, at all times during such employment, is licensed as a driver under the provisions of this code.

(c) As used in this section, “offstreet parking facility” means any offstreet facility held open for use by the public for parking vehicles and includes all publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.


CVC 23103:
https://codes.findlaw.com/ca/vehicle-code/veh-sect-23103.html

(a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500 , in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105 .


Private owners of parking lots can also *invite* the police to come enforce state traffic codes in their parking lots as well - and many do.


73 posted on 05/09/2018 11:51:51 PM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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