Stationing

Policing powers of the mayor

The stationing of the vehicles in your commune can forward a certain danger and cause various harmful effects. It belongs to you to regulate it.

> 1.Vos policing powers to regulate it

It belongs to you to regulate in a general way the stationing. You can also be resulted in adopting particular measures for certain specific vehicles.

> 1.1 Your capacities to regulate the stationing in general

As regards stationing, two types of regulation must be combined: that enacted by the and that founded by the .

> 1.1.1 Rules of stationing resulting from the Highway code

The items and following of the define certain standards to which the stationing of the vehicles must answer.
In the agglomerations, any vehicle parking must be placed compared to the direction of circulation according to the following rules:
1-for the roadways with double direction: on the right-sided of those, except provisions various captures by the invested authority of the policing powers.
2-for the roadways with one way: on the right-sided or left, except provisions various captures by the invested authority of the policing powers. In all the cases, on the verge, when it is not affected with the circulation of specific categories users and if the state of the ground lends itself to it.
Apart from the agglomerations, any vehicle parking must be placed as much as possible out of the roadway. When it can be placed only on the roadway, the applicable provisions for the agglomerations must be adhered to.
Under the terms of the item of the , you can decide to found the alternate unilateral stationing of the vehicles. This stationing is carried out then under the following conditions:
- 1st to the 15 of each month, the stationing is authorized side of the odd numbers of the buildings bordering the street. - of the 16 at the last day of the month, the stationing is authorized side of the even numbers. Except contrary provisions of your share, the change on side takes place the last day of each one of these two periods, between 8 p.m. 30 and 21 hours.

> 1.1.2 Rules of stationing resulting from the

Under the terms of article 8613 2 of the general Code of the territorial collectivities, it belongs to you to regulate the stationing of the vehicles. Thus, you can take general measures of prohibition of stationing. You can prohibit the stationing in a street since its narrowness and the intensity of the traffic which she knows creates of serious traffic jams (See EC, March 14th, 1972, , )
You can take temporary measures of prohibition of stationing in order to prohibit the stationing or to reserve it for certain categories of people:
example: you can limit the stationing in front of the town hall Saturday morning to the only vehicles bringing of the marriages (see EC, February 26th, 1969, and . of the motorists, ).
You can take measures limiting the time of stationing by founding laybys where the authorized duration will be shorter.
example: you can institute a “restricted parking zone” in the center of the city.

Your closure of font which regulates the stationing must be the subject of a motivation. A local by-law is lawful instituting a “restricted parking zone” which is not justified whereas the latter returns in the opinion given by the municipal Commission of roadway system and the town council (see EC, November 12th, 1975, Rodes, ).

> 1.2 Your capacities to regulate the stationing of certain specific vehicles

> 1.2.1 stationing of the heavy trucks

In comparison with the size of these vehicles, you can adopt more restrictive measures as regards stationing. However, these measurements must answer local stresses and it would not know allowed being a general prohibition of stationing of the heavy trucks on the whole of the pavements and verges of your commune (See EC, January 24th, 1994, Commune of .)

> 1.2.2 Stationing of the taxis

Under the terms of the item of the , you can reserve to parking lots to the public freight vehicles travellers and to the taxis
> Your policing powers to regulate the stationing of the vehicles assigned to a public service: under the terms of the item of the , you can reserve gendarmerie or parking lots to the vehicles assigned to a public service such as the police vehicles (see ., February 19th, 1974, Bull. . and ., April 28th, 1987, ), vehicles of the services of an administrative court (see ., April 26th, 1990, Bull. . ), etc

> 1.2.3 Stationing of the vehicles of delivery

You can institute areas known as of delivery reserved to the users having to achieve operations of unloading and in particular of delivery of goods (see , November 27th, 1991, Bull. . ).
> Your policing powers to regulate the stationing of the vehicles of hiring. You can prohibit the stationing prolonged on the public highway and its dependences of the vehicles of hiring when they are on standby of assignment to a customer. (See EC, November 9th, 1990, Town of Angers C./co. Car 49 and others, );
> Your policing powers to regulate the stationing of the vehicles of driving schools: you can forward their stationing to special rules. You can impose, with the glance specific circumstances, a single parking place to the vehicles of all the driving schools. (See EC, October 21st, 1959, , ). You can also force on these last to have a parking area in their establishment or in the vicinity (See EC, January 5th, 1968, Prefect of police C./CH. . employers' of the teachers of the behavior of the motor vehicles, ).

> 1.2.4 Stationing of the vehicles of the doctors and the midwives

Under the terms of a circular of the home secretary, the vehicles of doctors and midwives profit from a tolerance as regards stationing when they use their vehicles at professional ends. On this assumption, they are held to affix on their windshield a caduceus or a professional badge.

> 1.2.5 Stationing of the vehicles of the handicapped people

Under the terms of the item of the , you can reserve on the public highway or in any other parking place open to the public of the parking lots arranged with the vehicles raising one or the other of macaroons Large Invalid civil (.) or Large Invalid of war (.). The definition of the number of reserved sites concerns your competence according to the real needs for your commune (see ministerial answer 9525, OJ senate, March 9th, 1995, ).

The stationing of a vehicle not raising a macaroon or on these reserved sites is regarded as awkward and constitutes an infringement within the meaning of item R. 37-1 of the Motor vehicle laws.

> 2.Vos policing powers to make it pay

Under the terms of article 2710 6 of the , it is possible to create paying laybys (see EC, February 22nd, 1974, idea and others, ). After delegation of the town council, it belongs to you to fix the tariffs of them.

It is possible to forward to a preferential rate the parking pay of the motorists who chose a monthly or semi-annual royalty (see EC, May 4th, 1994, Ville of Toulon, ).

> 3.Vos responsibilities

Within the framework of the exercise of your policing powers as regards regulation of the stationing, you can see your criminal responsibility and civil engaged.

> 3.1 Your criminal responsibility

As soon as a damage was caused with a person, and according to her seriousness, you can be continued penally for homicide and involuntary injuries because you did not use your policing powers in a correct way. Thus, you could be continued penally in the event of fatal accident if it is shown that you did not prohibit the stationing at a dangerous place (access of a school, etc).

> 3.2 Your civil responsibility.

The use of your policing powers to regulate the stationing can generate the setting concerned of your civil responsibility on various assumptions. Thus, it can be engaged for heavy fault if you made not adhere to the measurements of prohibition of stationing which you enacted. (See EC, October 20th, 1972, Town of Paris , ).

Your civil responsibility will be retained only if the fault that you made is partially or completely detachable service. Your civil responsibility could thus be retained if the measurement of font that you took intervened only to appease a personal revenge or to harm others. If your fault is not detachable service, the commune will have to deal with your civil responsibility.

Card-index realized by Bernard , qualified schoolteacher of public law, avocado at the bar of Paris, François , assistant of public law at the University of Metz, 1st deputy mayor of and François , allocatee-monitor at the University of Metz
References:
Art and following of the
Article and following of the
Article and following of the
Article of the
Closure of August 19th, 1996 fixing the tariffs minima of the expenses of automobile pound
More
Code general territorial collectivities, volume 2, Articles , and
Vade mecum of the municipal action, collection Mail of the mayors and the town councilors, editions of the Monitor, “clean capacities of the mayor in his share on behalf of the commune”, pages 36-42.

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