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Question:
“What is the law regarding parking on a grass verge in a residential area. We have wide grass verges in Hillcrest, Kloof in KZN. Are we permitted to park on these verges outside a friend’s home? Obviously we may not park on a pavement, or paved walkway, but what about a grass verge? The roads are too narrow themselves to facilitate parking on the edge of the road. I did get a fine parking on a verge and the police station said that it was an illegal fine, the magistrate cancelled it but told us that he thinks that we may not park within 150 metres from the edge of the tar, but he is not sure of how many metres, or exactly what the regulation states, he told us to find out? I cannot find that regulation anywhere?
Answer:
The list of places where you are not allowed to stop or park is covered by regulations 304 and 305 of the National Road Traffic Regulations.
Stopping of vehicles
Reg 304. Except in order to avoid an accident, or in compliance with a road traffic sign or with a direction given by a traffic officer, or for any cause beyond the control of the driver, no person shall stop a vehicle on the roadway of a public road—
(a) alongside or opposite an excavation or obstruction on the public road if other traffic would be obstructed or endangered by such stopping;
(b) within any tunnel or subway or on any bridge or within six metres of any tunnel, subway or bridge;
(c) on, or within six metres from the beginning or end of, any part of such roadway where the normal width thereof has for any reason been constricted;
(d) in contravention of any road traffic sign;
(e) on the right‑hand side of such roadway facing oncoming traffic;
(f) alongside or opposite any other vehicle on such roadway where such roadway is less than nine metres wide;
(g) within the railway reserve at a level crossing;
(h) within nine metres of his or her approaching side of a pedestrian crossing demarcated by appropriate road traffic signs; or
(i) in any other place where the stopping of a vehicle would or would be likely to constitute a danger or an obstruction to other traffic.
Parking of vehicles
Reg 305. (1) No person shall park a vehicle on a public road—
(a) in contravention of any road traffic sign;
(b) in any place referred to in regulation 304;
(c) on the same side as a fire hydrant within an area bounded by the centre-line of the roadway and lines at right angles to such centre-line one and a half metres on either side of the hydrant, if such hydrant is clearly visible to and recognisable as such by drivers of moving vehicles, or if it is indicated by an appropriate road traffic sign;
(d) in any place where the vehicle would obscure any road traffic sign;
(e) in such manner as to encroach upon the sidewalk, if any; or
(f) in such manner as to obstruct any private or public vehicular entrance to such road.
(2) The provisions of subregulation (1)(e) shall not apply to any vehicle, other than a motor vehicle, while it is being used in carrying on the business of street vendor, pedlar or hawker, unless it exceeds such maximum weight, height, length or mass as may be prescribed in these regulations.
(3) No person shall park a vehicle on any portion of the roadway (excluding the shoulders) of a public road outside an urban area or with any part of such vehicle within one metre of the edge of such roadway except in a parking place demarcated by an appropriate road traffic sign.
(4) No person shall park a vehicle on the roadway of a public road within an urban area—
(a) within nine metres of the side from which he or she approaches a pedestrian crossing demarcated by appropriate road traffic signs, unless such parking is permitted by appropriate road traffic signs;
(b) within five metres of any intersection unless such parking is permitted by a road traffic sign;
(c) upon or over the actuating mechanism of a traffic signal;
(d) (i) with the outside of any left‑hand wheel thereof more than 450 millimetres within the roadway; or
(ii) where the public road concerned is restricted to vehicles moving in one direction and the vehicle is parked on the side of the roadway, with the outside of any right hand wheel thereof more than 450 millimetres within the roadway, unless such parking is permitted by an appropriate road traffic sign; or
(e) which is less than five and a half metres wide unless the public road concerned is restricted to vehicles moving in one direction and such parking is permitted by appropriate road traffic signs.
(5) No person shall park a motor vehicle on a traffic island or in a pedestrian mall or pedestrian lane.
(6) Whenever a vehicle has been parked in contravention of any provision of the Act or any by‑law made under the Act, or in contravention of or in disregard of the directions of any road traffic sign or notice board as prescribed in these regulations, such vehicle may be removed or caused to be removed and impounded by a traffic officer, and unless the vehicle has been so parked in the course of a theft thereof, the owner shall bear the costs of such removal and impoundment.
(7) No person other than a disabled person or a driver of a motor vehicle conveying disabled persons, which motor vehicle is issued with a sticker for conveying disabled persons shall park on a parking bay reserved for disabled persons.
Alta
Alta Swanepoel & Associates
Follow -up Question
“Therefore, in my understanding, parking on a wide grass verge, away from the edge of the road, so not obstructing, and not on a walkway is NOT against the law! The Kloof police threaten to fine us if we park on ANY grass verge, regardless of where!”
Answer
Unfortunately the legislation has to be read with the definitions. As it seems that you and the traffic department is not in agreement as to what the grass area should be I copy the different definitions for you. In reading reg 304 and 305 consider the definitions.
Generally any area where there is no marked parking the traffic officials regard the area as pedestrian areas where you are not allowed to park.
“kerb line” means the boundary between the shoulder and the verge or, in the absence of a shoulder, the part between the edge of the roadway and the verge;
“public road” means any road, street or thoroughfare or any other place (whether a thoroughfare or not) which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access, and includes—
(a) the verge of any such road, street or thoroughfare;
(b) any bridge, ferry or drift traversed by any such road, street or thoroughfare; and
(c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;
“shoulder” means that portion of a road, street or thoroughfare between the edge of the roadway and the kerb line;
“sidewalk” means that portion of a verge intended for the exclusive use of pedestrians;
“verge” means that portion of a road, street or thoroughfare, including the sidewalk, which is not the roadway or the shoulder
“roadway” means that portion of a road, street or thoroughfare improved, constructed or intended for vehicular traffic which is between the edges of the roadway;
I hope this helps.
Regards
Alta
Alta Swanepoel & Associates