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Private Property at Work - Click HERE for Original Thread

96MX6
Here at work, our parking lot comes equiped with a stop sign and a no entry sign in a driveway. Every day I go right through the no entry sign to get to my parking spot. This saves me from driving around the building.

Can I get a ticket?

Insomniac
good question, i'd like to know the answer.

3gec
if the sign was put up by the city yes. if the sign was put up by the owner of the building no

Same if you go through a stop sign in a parking lot you cannot get a ticket because the police have no juristicion to it. something a cop told me at my brothers wedding... However I could be wrong. I am just saying what I was told

albertarc
quote:
Originally posted by 3gec
if the sign was put up by the city yes. if the sign was put up by the owner of the building no

Same if you go through a stop sign in a parking lot you cannot get a ticket because the police have no juristicion to it. something a cop told me at my brothers wedding... However I could be wrong. I am just saying what I was told



Here's the definition of Highway as defined by the Traffic Safety Act:

means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes: (i) a sidewalk, including a boulevard adjacent to the sidewalk, (ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and (iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be, but does not include a place declared by regulation not to be a highway.

I guess this pretty much means the stop sign you're writing about is enforceable. If this parking lot is in an area out of the normal beaten path then the police will probably (note the word PROBABLY!!!!!) not start enforcing it unless the company that owns the property starts to get snarky & requests actions be taken.

Jimbo:fingersx:

96MX6
Thanks.

MX5 Miata Guy
quote:
Originally posted by 3gec
Same if you go through a stop sign in a parking lot you cannot get a ticket because the police have no juristicion to it.

You must certainly can, but it's highly unlikely. But...if involved in a traffic collision at that location, and you failed to stop, guess who's at fault?

Parking lots are one of the most dangerous places to drive in, in terms of simple collision stats, as most people don't regard the signs installed, simply forget how to drive through uncontrolled intersections, and vehicles are backing up.

Remember, that at any uncontrolled intersection (including parking lots), the vehicle on the right has the right-of-way. Watch for this, you'll note that probably 95% of people do it wrong. Have a coming together, and it's fairly simple for the police to figure out who's at fault.

TrevorK
quote:
Originally posted by MX5 Miata Guy
Have a coming together, and it's fairly simple for the police to figure out who's at fault.


Police don't care who's at fault - they just issue tickets if necessary.

It's the insurance companies who determine who's at fault, and with parking lots it's 50-50 a lot of the time because it's easier for them to deal with it that way.

MX5 Miata Guy
At fualt in the eyes of the cops (ie: who gets a ticket) is not the same as at fault in the eyes of yours and the other party's insurance companies. If you want to fight their ruling, you need a lawyer, as you're correct, insurance companies take the easy collusionist way out in many collisions...but that's not to say it's the right way, nor that the rules of the road don't apply on private property, as they clearly do.

TrevorK
quote:
Originally posted by MX5 Miata Guy
At fualt in the eyes of the cops (ie: who gets a ticket) is not the same as at fault in the eyes of yours and the other party's insurance companies. If you want to fight their ruling, you need a lawyer, as you're correct, insurance companies take the easy collusionist way out in many collisions...but that's not to say it's the right way, nor that the rules of the road don't apply on private property, as they clearly do.


I don't believe it's the right way - but it would be so much extra work on the Police's part if they needed to determine fault, for no real gain on their part.

And I didn't say the rules of the road don't apply, but keep in mind during an accident there are two sides to the story, and they can be completely different. In a parking lot it's even worse, because of the lack of traffic signs and witnesses. Then the insurance company has to decide who to believe - which usually ends up in each side going 50-50.

Bad Egg
1. Right of way rules still apply in parking lots.

2. Police will not care about at fault. If there is no glaringinly obvious traffic violation involved they will not write a ticket.

3. Insurance companies will usually try to go 50/50 at fault if there is any dispute.

I was involved in such a parking lot accident (I had the right of way) and the other drivers insurance company insisted on a 50-50 split of costs.(and, naturally, both of us would have received an at-fault accident for our records) My insurance company bent over and took it, but I disagreed and filed a small claims court suit against the other driver. Small claims court goes up to 10G here in Alberta, or it did when I filed. No lawyer required, just a little research.

When the other insurance company sent their senior adjuster out to investigate he advised them to settle 100%...

Do not rely on your insurance company to protect you and your driving record!

TrevorK
quote:
Originally posted by Bad Egg
1. Right of way rules still apply in parking lots.

2. Police will not care about at fault. If there is no glaringinly obvious traffic violation involved they will not write a ticket.

3. Insurance companies will usually try to go 50/50 at fault if there is any dispute.

I was involved in such a parking lot accident (I had the right of way) and the other drivers insurance company insisted on a 50-50 split of costs.(and, naturally, both of us would have received an at-fault accident for our records) My insurance company bent over and took it, but I disagreed and filed a small claims court suit against the other driver. Small claims court goes up to 10G here in Alberta, or it did when I filed. No lawyer required, just a little research.

When the other insurance company sent their senior adjuster out to investigate he advised them to settle 100%...

Do not rely on your insurance company to protect you and your driving record!



Just as a sidenote - but small claims is now at $25K and there was an article in the Sun this morning that the Justice Minister was thinking of bumping it up to $50K.

I've never heard of anyone challenging the insurance company's decision - do you just tell your company you don't agree and they hold off on putting the accident on your record? And if you would've won - would the guy have paid, or his insurance company?

Bad Egg
2nd answer first: When I said I sued the guy, I actually named the other driver, the company he worked for(work vehicle), and his insurance company. The insurance company and their lawyers will be the one answering the suit and paying the bill.

1st answer: The insurance companies agreed to pay 1/2 of the other parties damages. I did not carry collision on my car. The other company asked me to sign off on their offer of payment for half of the work I would have needed. Since that would have left me paying another 1 to 1.5 G out of my pocket I told them I would see them in court...but it didn't make it that far. I actually saved my insurance company some money since they didn't have to pay anything...but then again, they weren't able to raise my rate, either.

It would be slightly different if I had collision, but you still have to sign off your agreement to any insurance compensation...You do not have to accept their decision. In my case the other party had farmed out their adjuster duties to an "independant" adjuster contractor. I am sure they don't get hired for their generosity.

It's like you said, it's easier and cheaper for them to deal with it one way, but that doesn't mean it's easier and cheaper for you...

Glenn 328is
quote:
Originally posted by albertarc
...trestleway...


Wha?

I wondered about this too. There is a stop sign in the parking lot at Earl's/RONA?Publik? A dumb spot for it and I think it is there so that there is freeflowage in that area. AND I'd hope that a cop would not ticket anyone for drifting thru.....




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