Parking Too Close To A Driveway?

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hamilton11
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Parking Too Close To A Driveway?

Unread post by hamilton11 »

Okay so while at school today i parked on a residential street in Hamilton Ontario. the person in front of me did not pull up very far so i was forced to park fairly close to the driveway of the house i was in front of. I got out to make sure they had plenty of room to drive out if they wanted to, and there was enough room so i left it. I came back to a parking ticket for $60 because of by-law 01-218 section 13 d. The exact by-law is as follows


no person shall stop any vehicle

(d) In front of or within forty-five (45) centimetres [I8 in.] of either side of

a driveway to residential premises having not more than three

dwelling units, or in front of or within one (1) metre [3 ft.] of either side

of any other driveway, vehicle approach ramp, shipping entrance,

lane or alley;


The ticket states i was 36cm from the driveway. i was parking close to the curb but not their actually driveway. Please see the picture attached, is this actually ticket-able? Am i suppose to carry around a tape measure and measure every time i am close to a driveway?

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bend
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Unread post by bend »

It's hard to read the ticket, but I don't believe it says you were 36 cm away from the driveway but rather you're obstructing it by 36 cm.


You're already parked on the curb drop and the driveway is angled. The picture you provided is also a tad misleading:


Image

More than a justified ticket, in my opinion.

hamilton11
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Unread post by hamilton11 »

So i received the ticket because i was parked 36cm over the edge of the curb and not the driveway? Just to clarify, what exactly am i obstructing if the driveway doesnt start until a ways after the ramp?

bend
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Unread post by bend »

hamilton11 wrote:So i received the ticket because i was parked 36cm over the edge of the curb and not the driveway?

The edge of the curb is the beginning of the driveway. You're supposed to give a 45cm buffer between your car and the end of the curb, meaning you should be parked more than a foot more forward. I'm assuming whomever wrote the ticket started measuring from there. 36cm would mean you were parked right against the end of the curb.


hamilton11 wrote:Just to clarify, what exactly am i obstructing if the driveway doesnt start until a ways after the ramp?

I'm not sure I understand. The sidewalk (ramp) is essential to the driveway. Are you suggesting the measurement is the distance between your vehicle and the asphalt of the driveway?

jsherk
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Unread post by jsherk »

I think you are thinking of it (looking at the picture) that you were away from the driveway and closer to where the picture was taken.


But they are measuring left to right. So left to right along the curb (as in picture), you are right at the end of the curb where the driveway starts and would need to move the car to the left.

+++ This is not legal advice, only my opinion +++
Caroline O
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Unread post by Caroline O »

This is a very hot topic for me. I live in a very busy area of Ottawa and lately with more shops and restaurants opening in the last few years, unfortunately, I have drivers ticketed constantly for being too close to the entrance of my driveway. Sounds mean but the issue is huge because there are so many parked cars on the street and cars actually block my laneway sometimes up to 50% of my entrance!! In your case, it's close and despite what I've been experiencing with parking on my street these last couple of years I would have actually let yours go. I would not have called by law. When I see that if I were to back out of my laneway without turning my wheels and I can hit the car parked on the curb, then I call the City to have it ticketed. You see, it becomes a sightline issue and that is what many people fail to understand. In the picture you posted, I notice that the car in the driveway has backed into the parking space. This is a common trend now on my street with my neighbours because when you have cars parked on both sides of your laneway, you cannot safely see as you are backing out. I'm sorry you were ticketed and I would have let your case go but I think a lot of residents in high traffic areas are sick and tired of people parking irresponsibly causing havoc when it's time to drive out of our laneways. When it's really bad on my street, I often say 'forget it' and don't even bother going out. Living so central is great but lately not so much and given the exorbitant property taxes I pay for being so central, struggling to get out of your driveway is shameful.

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