What traffic violaton is this?

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  #1  
Old 01-29-09, 06:15 AM
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What traffic violaton is this?

Our daughter got a ticket in a NYS national park. The ticket states:

offense charge code: CFR 36 CFR 4.12
offense:failure to obey traffic control device- "no parking" sign

The ranger said it was a moving violation... which makes me wonder just what my daughter received.

They weren't even in the car ... they had parked, took a walk with her fiance (to show him a spot she'd like to have the ceremony no less), and the ranger was waiting for them when they returned.
 

Last edited by craftydad; 01-29-09 at 06:39 AM. Reason: more info
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  #2  
Old 01-29-09, 06:27 AM
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Prob means "moving violation" as opposed to an equipment violation (brake light out) or something like expired tags. Really not much different that a right turn when theres a sign that says "no turn on red". Its just the part of the code that that offense was placed in.

The car had to be moving to get to the spot it was parked, right?
 
  #3  
Old 01-29-09, 10:25 AM
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I hate to disagree with a guy who has "gun" in his name, but.....

I don't see how that can be a moving violation. Moving violations are those such as speeding, red light running, illegal u-turns, improper lane changes, etc. AND, it will make a big difference insurance-wise; a moving violation will likely impact premiums, a non-moving violation generally not.

Going too see what I can find in the NYS laws.

Oh, backing up a bit. CFR means Code of Federal Regulations, so they were cited as in violation of a federal regulation. Probably has to go through a federal court.
 
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Old 01-29-09, 10:35 AM
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Here it is:

"4.12 Traffic control devices.

Failure to comply with the directions of a traffic control device is prohibited unless otherwise directed by the superintendent."

"Traffic control device means a sign, signal, marking or other device placed or erected by, or with the concurrence of, the Superintendent for the purpose of regulating, warning, guiding or otherwise controlling traffic or regulating the parking of vehicles."

I would speak to the cognizant authorities about the "moving" category. It sounds like they have lumped illegal parking in with running stop signs.
 
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Old 01-29-09, 10:53 AM
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Hmmm....upon further review......

Maybe he just mispoke or she misheard....seems like it would be considered a "non-moving violation". You do have to consider he was a Park Ranger and traffic stuff is sort of secondary. He wrote down the Park service code that was violated, but they don't have their own traffic rules per se, they go by the applicable state laws. I tried reading through some of the NYS laws....made my brain hurt!!

The Bases I was stationed at used to have their own mini-traffic courts for quite a while, parking, speeding, equipment violations, etc. Then they just started handing out "State universal traffic summons" or something like that, and you had to go out in town to the local courts. Guess the cities and states needed more revenue.
 

Last edited by Gunguy45; 01-29-09 at 11:15 AM.
  #6  
Old 01-29-09, 11:22 AM
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Code of Federal Regulations (CFR)

TITLE 36 - PARKS, FORESTS, AND PUBLIC PROPERTY

CHAPTER I - NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

PART 4 - VEHICLES AND TRAFFIC SAFETY

36 CFR 4.12 - Traffic control devices: Failure to comply with the directions of a traffic control device is prohibited unless otherwise directed by the superintendent.

Failure to signal, not coming to a complete stop at a stop sign, failure to use turn signal are the most common citations governed by this regulation.

October, 2007:



New Special Regulation in the Code of Federal Regulations,
36 CFR 7.96 (f) (5), Parking.

Prior to this new special regulation, 36 CFR 4.12 was used by United States Park Police officers and National Park Service commissioned rangers as the only charge
available within 36 CFR to enforce regulations related to parking, including: parking limits, no parking and handicapped parking signs, and parking outside of marked parking spaces. However, the lack of specificity in this section often resulted in successful motions to dismiss the charge in federal court. Dismissals were frequently the result of registered owners declaring to magistrates that they were not driving the vehicle on the day the citation was placed on the vehicle.

In response to this issue, a proposal to change the CFR regarding parking violation enforcement was drafted and published through the rulemaking process. The new rule allows a parking citation to name the registered owner if the operator is not present and to create a prima facie presumption that the registered owner of the illegally parked vehicle was the person who committed the violation.

http://frwebgate.access.gpo.gov/cgi-bin/multidb.cgi

Code of Federal Regulations

What to do? Follow instructions on the ticket ASAP. Respond to the ticket and pay the fine to prevent suspension of license.

Parking tickets are non-moving violations. "Failure to obey traffic control device- "no parking" sign." Sounds like two violations. Perhaps failure to use turn signal and failure to heed no parking sign.

At least the ranger was polite enough to wait for your daughter's return, rather than leave the ticket and go on. I am sure the ranger talked with your daughter about the violations. Perhaps she was too scared to really hear what the ranger was saying. For your peace of mind and to clarify what the violations mean, call the ranger. His name and ID number should be on the ticket. Be nice!
 
  #7  
Old 01-29-09, 04:23 PM
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As you've no doubt realized at this point, you're daughter was on Federal land so a different set of rules apply.

>Parking tickets are non-moving violations. "Failure to obey >traffic control device- "no parking" sign." Sounds like two >violations. Perhaps failure to use turn signal and failure to heed >no parking sign.

Nope, one violation, he was just specific about what traffic control device wasn't obeyed.

Often, such signs are placed in parks to discourage people from doing just what happened. Someone parking on the side of the road and walking into areas they shouldn't, either for their own safety or conservation of the area. In Florida (just as example), it is a crime to damage Sea Oats, a plant critical to the preservation of the sand dunes that protect the beach and everything behind it. There are miles of roads with no parking signs so people won't park there and walk across the dunes to the beach.

It's also worth noting that park rangers, whether on Federal or State land, are duly authorized law enforcement officers, many also carry a side arm. Anything you can get a ticket for out of park, you can get a ticket for on a park.
 
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