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Parking Ticket in SF - VC22502A - Over 18" from curb

43K views 30 replies 25 participants last post by  forestacademy 
#1 ·
I just received my first parking ticket with the Smart. I decided to park perpendicular to the curb in front of my office on 8th Street in San Francisco (ironically, just about 50 feet away from the Smart Center).

Parking was much tighter than usual, so I decided to parked nose in, so my front tires were touching the curb. There was plenty of space to my left and right.

I received a ticket stating that I was in violation of VC 22502A - Over 18" from Curb. ARTICLE 7: PENALTIES

I was definitely not 18" from the curb, I was actually touching the curb. I am going to contest this ticket, but wanted to find out if others have been successful in disputing this. We are helping to save parking spaces - we shouldn't be punished for making more space for cars to park!
 
#2 ·
This topic has been covered quite a bit already, and, sorry, I don't have the thread titles, but the clear consensus is that in most areas of the USA, vehicles, except motorcycles, are to park parallel to the curb. That's by definition in the code.

My advice would be to pay the ticket. You'll be wasting your time otherwise. Good intentions don't count.

If you want to change the code, then your good intentions can be put to use as an activist for change with your City council reps.
 
#7 ·
If you want to change the code, then your good intentions can be put to use as an activist for change with your City council reps.
The SF smarties might want to do a "cruise-in" at city hall and get some publicity about how SF could increase parking at no expense to the taxpayers by adopting a new ordinance that allows parking nose in (or tail in, which I find works better.) Even better if you can get some council members to participate.
 
#5 ·
It's a "right-hand parallel parking required" section. Right side wheels have to be aligned with the curb--- not exceeding 18" from said curb. So, it appears you're stuck paying...

Here's the CVC section in its entirety, FWIW, per CA DMV:

Curb Parking

22502. (a) Except as otherwise provided in this chapter every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be stopped or parked with the right-hand wheels of such vehicle parallel with and within 18 inches of the right-hand curb, except that motorcycles shall be parked with at least one wheel or fender touching the right-hand curb. Where no curbs or barriers bound any roadway, right-hand parallel parking is required unless otherwise indicated.

(b) The provisions of subdivision (a) or (e) do not apply to a commercial vehicle if a variation from the requirements of subdivision (a) or (e) is reasonably necessary to accomplish the loading or unloading of merchandise or passengers on, or from, such vehicle and while anything connected with such loading, or unloading, is being executed.

This subdivision shall not be construed to permit any vehicle to stop or park upon a roadway in a direction opposite to that in which traffic normally moves upon that half of the roadway on which such vehicle is stopped or parked.

(c) Notwithstanding the provisions of subdivision (b), local authorities may, by ordinance, prohibit commercial vehicles from stopping, parking, or standing on one side of a roadway in a business district with the wheels of such vehicle more than 18 inches from the curb. The ordinance shall be effective only if signs are placed in the areas to which it is applicable clearly indicating the prohibition.

(d) This section does not apply to vehicles of a public utility when such vehicles are being used in connection with the operation, maintenance, or repair of facilities of the public utility or are being used in connection with providing public utility service.

(e) Upon a one-way roadway, vehicles may be stopped or parked as provided in subdivision (a) or with the left-hand wheels parallel to and within 18 inches of the left-hand curb, except that motorcycles, if parked on the left-hand side, shall have either one wheel or one fender touching such curb. Where no curb or barriers bound any such one-way roadway, parallel parking on either side is required unless otherwise indicated.

The provisions of this subdivision shall not apply upon the roadways of a divided highway.

Amended Ch. 448, Stats. 1971. Operative May 3, 1972.
 
#6 ·
http://www.municode.com/content/4201/14143/HTML/ch007.html
...
I was definitely not 18" from the curb, I was actually touching the curb. I am going to contest this ticket, but wanted to find out if others have been successful in disputing this. We are helping to save parking spaces - we shouldn't be punished for making more space for cars to park!
Good Luck Snowy...

I have a standing rule to dispute every parking ticket I get... seems to work about 1/2 the time!
:woohoo
 
#11 ·
Why do you think you can hang the rear of your car two feet further out than the adjoining Hummer?

Pay the ticket and park parallel next time.
If the Hummer were legally parked 17" from the curb and the smart's rear wheels were both touching the curb leaving 4" of the body over the curb edge. Then the smart would only be 3.6" farther out than the Hummer. :)

Technically it's not legal for a 90" Harley-Davidson to park with it's tire backed against the curb (except in designated motorcycle parking spots), but SF Parking Enforcement often overlooks this infraction.

I think it wold be great if some progressive city decided to amend their parking laws to accommodate smart rotated parking. :D
 
#16 ·
For a motorcycle to park with the rear wheel against the curb is a safety issue. It isn't going to roll away. There are many small towns that use "head in" parking only, in their downtown areas, like in a parking lot but on the street, slanted. As far as the ticket for 18" from the curb, the ticket writer has to write within the established ordinances, and that one fits the best. When there's several million cars parking, and only a few smarts, you can't really expect the law to be changed to accomodate the few.
 
#17 ·
When there's several million cars parking, and only a few smarts, you can't really expect the law to be changed to accomodate the few.
You never know unless you try. All you need is one councilman to make it his mission to change the law. Case in point: A fellow planning to order a fortwo saw nasty little speed bumps show up in his neighborhood. He ran for city council. He won. (His neighbors pitched in to get him elected because they hated the speed bumps too.) He now drives down the street without any speed bumps...in his little red cabrio. That reminds me, I need to grab my city council packet out of my cabrio so I can get ready for Tuesday's meeting...
 
#19 ·
I swear I read (perhaps heard) somewhere that they changed the parking laws in SF a few month back to allow perpendicular parking, nose into the curb. However, they're not letting people do that yet because the meters don't account for 2 cars yet.

I've actually been tempted to park between 2 spots since the spot is more than enough to account for the smart, guess I won't be doing that.

Hope it all works out for you.

:dunno:
 
#21 ·
"I was definitely not 18" from the curb, I was actually touching the curb" with your RIGHT front tire only.

And where was the RIGHT rear tire? About 70 inches from the curb thus you did break the over 18" from the curb rule - I'm thinking that this ticket will stick.
 
#23 ·
Blech, if you are not in the way of traffic you should not get a ticket.
I concur. In fact, to show how much smarter you are than everyone else, go out and park next to a red curb. Or in a blue parking space. you show 'em! :rolleyes:

We are a nation of law. If you don't want to obey the law, then move to some place far less lawful. Like the Middle East. Or Africa. Then you can park your Smart anywhere you want to and - barring jihad, military coup, or the uneducated having a bigger gun than you - you can do whatever the heck you like. Otherwise, obey the law.

Your pal,
Meat.
 
#26 ·
The law is actually very clear. The right wheels (yes, both of them) should be within 18" of the curb. Obviously, they did not have the smart in mind when they made the law. If you think it should be changed, work with the legislature to change it. But the way you parked, one of your right wheels was definitely more than 18" from the curb :).
 
#28 ·
Most law enforcement people are taught the difference between the "Letter of the Law," and the "Spirit of the Law." Example: If you are driving 1 m.p.h. over the speed limit, under "Letter," you should be cited for speeding. Under "Spirit," you'd just be on your merry way. This is also called "using discretion." So the parking enforcers should be able to decide on their own whether the smart is creating a hazard, parked over the lines, blocking something, etc., then they should be able to use their discretion and be on their merry way without writing a cite if none apply.

This might be the case in some jurisdictions, but your experience may vary. *If everyone used common sense and discretion, no one would get a smart ticket for this.

As far as revenue, no parking enforcers give a hoot. They don't get paid for how many tickets they write, although there may be an "unofficial minimum" if you want to keep your cushy job and not be transferred to a walking beat on the midnight shift.
 
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