Stopping in a Fire Lane and the law...

[Traveler]

I wanted to ask a question of our law officers. If a vehicle occupied by two licensed persons stops in a fire lane in a shopping center to make a brief delivery with the engine running and a licensed passenger or even the driver stays with the car, is this still considered illegal in most areas because the vehicle is never left in a position where it can not be moved quickly.

I don't have the exact verbage of the General Statute here in NC on hand, but I have read it before and the way it reads to me, a person with business picking up or dropping off a delivery can stop in the fire lane in front of a business as long as the vehicle is not left completely unoccupied and the remaining occupant is licensed. Does this sound like an appropriate understanding of the law, is this incorrect or sort of a grey area?

 

[FordSVTFan]

In most states the fire code says the there is no stopping or standing in that lane. That means that even if occupied, they are in violation as they are standing.

 

[mswaim]

Same in California, similar statute covers blocking a fire hydrant. Even if you are parked, engine running and driver behind the wheel you could be cited for either violation. Not saying anyone would, just quoting the letter of the law.

 

[Traveler]

§ 20-162. Parking in front of private driveway, fire hydrant, fire station, intersection of curb lines or fire lane.

(b) No person shall park a vehicle or permit it to stand, whether attended or unattended, upon any public vehicular area, street, highway or roadway in any area designated as a fire lane. This prohibition includes designated fire lanes in shopping center or mall parking lots and all other public vehicular areas. Provided, however, persons loading or unloading supplies or merchandise may park temporarily in a fire lane located in a shopping center or mall parking lot as long as the vehicle is not left unattended. The prima facie rule of evidence created by G.S. 20-162.1 is applicable to prosecutions for violation of this section. The owner of a vehicle parked in violation of this subsection shall be deemed to have appointed any State, county or municipal law-enforcement officer as his agent for the purpose of arranging for the transportation and safe storage of such vehicle. No law-enforcement officer removing such a vehicle shall be held criminally or civilly liable in any way for any acts or omissions arising out of or caused by carrying out or enforcing any provisions of this subsection, unless the conduct of the officer amounts to wanton misconduct or intentional wrongdoing. (1937, c. 407, s. 124; 1939, c. 111; 1979, c. 552; 1981, c. 574, s. 1.)

I highlighted what seems to me to be a revision for what I'm talking about in the NC General Statutes. If you're a patrol officer and someone is conducting business by making an approved delivery, does that clause in the law provide temporary allowance for doing so? How would you personally view that statement?

 

[Traveler]

Any intereptations are welcome.

 

[FordSVTFan]

I think what you posted is self explanatory. It does says that if someone is loading or unloading temporarily they can park in the fire lane as long as the vehicle is occupied.

 

[Traveler]

What I wonder is exactly what the legal definition of "supplies" would be? I'm not trying to be nit-picky at all, but it looks like a grey area that could apply to mostly any item considered a want/need item.

 

[FordSVTFan]

What I wonder is exactly what the legal definition of "supplies" would be? I'm not trying to be nit-picky at all, but it looks like a grey area that could apply to mostly any item considered a want/need item.

Since it says supplies or merchandise, I would assume that to mean commercial items for resale or items used in the daily operation of a business. That wouldnt mean you are dropping off lunch or the dry cleaning.

 

[Traveler]

I appreciate your thoughts on that. I guess it would be safe to say in most incidences, if you are stopping for the purpose of conducting legitimate business, in most cases, it should be okay as long as its for a brief period of time. Again, thank you.

 

[FirefighterSRT4]

DON'T PARK IN THE DAMN FIRELANE !!!


signed,

Firefghter Frank

 

[NinetySixSVT]

I appreciate your thoughts on that. I guess it would be safe to say in most incidences, if you are stopping for the purpose of conducting legitimate business, in most cases, it should be okay as long as its for a brief period of time. Again, thank you.

as long as the vehicle isn't left unattended...

 

[Traveler]

Frank, if I ever find some sort of reason to move to upstate NY I'll do just that. I doubt you have anything to worry about. ;-)

 

[Lawfficer]

DON'T PARK IN THE DAMN FIRELANE !!!
signed,

Firefghter Frank

Spoken Like A True Fire Fighter.

Stay out of the lane if possible, if not, make sure your car is occupied and ready to be moved in case of emergency. Otherwise, most squad cars are equipped with push bars. Your choice.

 

[FirefighterSRT4]

Traveler
Frank, if I ever find some sort of reason to move to upstate NY I'll do just that. I doubt you have anything to worry about.

He he ...

Seriously though, Firefighters don't make the laws.

It's just that sometimes, we have the need to use our rigs to push aside unoccupied cars when they are blocking our access to the scene of an emergency!

(with the blessings of our local police agency, of course....)


LOLOLOL

 

[firemedic]

DON'T PARK IN THE DAMN FIRELANE !!!


signed,

Firefghter Frank

Amen brother!

Oh and I quote " Oh...these people do try me"

 

[Traveler]

Oh, I understand Frank where you're coming from there. I certainly don't advocate parking in fire lanes for that reason and I certainly don't blame the fire department one bit for having to push a car out of the way or even damage it if it stands between you and your job. I've seen plenty of folks park their cars in the fire lane and go inside a store or whatever. However, someone just stopping to get a drink out of a curbside newspaper stand or drink machine is more understandable.
One of the reasons I posted this topic was the occurance I saw happening over the weekend. I was out in the parking lot of a shopping center and saw a newspaper carrier lady stop in the fire lane...with a passenger. I've seen newspaper carriers temporarily stop in a fire lane for maybe 30 seconds or so before and never get warned for doing so. However, this was one time the police officer did not seem very understanding. To me, because of the general statute statement, it would seem that she was actually in the right...especially since she had a passenger with her.
That was my point was that the legislaturers did not seem to clarify what is allowable and what is not. What would the legal definition of supplies and merchandise be? It just seems to create a grey area open for intereptation from an officer and a civilian.

 

[FirefighterSRT4]

Traveler
the legislaturers did not seem to clarify what is allowable and what is not ... It just seems to create a grey area open for intereptation from an officer nd a civilian.

Agreed.

I'm only half kidding here bro!


Quick "Related" Story:

Many years ago, I was riding the backstep as a rookie when the Station tones went out for a structure fire. It was about 7 in the morning, and we were getting ready to pack up and go home for the 8 a.m. shift change.

As we pulled out of the firehouse and headed for the call, the officer turned around and tapped me on the shoulder saying "We've got a fire boys!".

I go to look behind me (rear jump man faces backwards in most rigs) and see a thick plume of heavy black smoke rising up into the sky from about 1/2 a mile away. We were the first due rig in .....

We arrived to find a 2 story house with the second floor blowing flames out of every single window. Residents outside tell us that the house had already been evacuated, so my Lt. tells me to make a hydrant. With no other rigs there yet but us, he spouts "We're gonna hit this one with the deck gun".

Well, the deck gun did it's job. So much so, that when the other rigs had arrived a few minutes later - the fire was pretty much out. That's when we started to hear this lady screaming that our fire engine had hit her car when we pulled up onto the scene.

So we called over a City Cop who was standing nearby, and after assessing the situation a bit ........

The officer gave her a ticket!

Seems she was parked too close to the very fire hydrant that we ourselves were trying to as we approached the fire scene .........


LOLOLOLOL