DRIVERS are being slapped with $90 fines for breaking a new parking law as officials have yet to update warning signs.
The new road law centered around making intersections safer is being heavily enforced, but there’s no way of knowing when or how you’re violating it.
Drivers have been slapped with tickets for breaking a new curb parking law[/caption]
Violators are facing steep fines without warning[/caption]
Residents are fuming over the city’s lack of street signs or painted curbs marking the newly restricted parking areas[/caption]
Known as daylighting, the safety measure prohibits parking at certain intersections within 20 feet of a crosswalk, which can be marked or unmarked in accordance with this measure.
The purpose is to improve visibility for both drivers and pedestrians, as well as cyclists and skateboarders, by ensuring a clear line of sight to oncoming traffic is always available.
This is expected to reduce the risk of accidents, but there’s one big problem: drivers have no way of knowing where they are or are not allowed to park.
California resident Scott Crampton commented on how difficult the law is to comply with for tourists, who see “a clean white curb.”
“[They] park there, and [they] come back to a $90 ticket with no posted sign, no red curb, no nothing,” he told CBS affiliate KFMB.
“Nobody even knows what they’re writing the tickets for.”
Another resident, Mike, said he felt the 20-foot rule was “excessive” and had noticed a steep increase in ticketing around the city.
California state assembly bill AB 413 was passed in October 2023, but only went into effect this New Year’s Day. The city of San Diego began enforcement in various neighborhoods this March.
From March 1 through August 12, 11,889 tickets have been issued citywide. Violators were initially fined $77.50, but the city raised this to $117 a month after enforcement began.
“These tickets are really expensive,” moaned Crampton.
TOURISTS TARGETED
So far, neighborhoods with tourism spots such as beaches in the San Diego area have been the focus of parking officers.
One upscale neighborhood in the city has seen over 300 tickets issued in the six months since enforcement of the law began.
In total, daylighting tickets have earned the city nearly $1.3 million in revenue, well over the city’s initial annual revenue estimate of $850,000 from the law’s enforcement.
The tickets issued through early August accounted for roughly 10% of the city’s overall tickets issued, per local NBC affiliate KNSD.
The city faced a $280 million budget deficit at the start of the year, which may also be motivating the heavy enforcement of this new law.
San Diego city officials have said they’re working on painting curbs, but warn this process “could take years,” per KFMB.
How to fight a parking ticket
You can avoid being ticketed by following all posted laws and ordinances, but sometimes mistakes are made
Like any form of citation, parking tickets are preventable by reading and obeying posted signage. However, when visiting a new city, or state, or in a hurry, things can be missed and mistakes are made.
Suddenly there’s a ticket you weren’t prepared to pay for. If the ticket is a surprise to you, there are a few things you can do to help your case when appealing a parking ticket.
- Carefully read the ticket. Look for errors like incorrect street names, license plate numbers, vehicle make and model, time and date, etc. Errors would then make the ticket invalid.
- Take photos. Of the vehicle in the parking space, lack of signage, or other vehicles that weren’t cited for performing the same parking job. If the ticket involves parking too close to something like a fire hydrant, a photo showing a reasonable distance would help your case. Make sure metadata with the time and date are accessible. Signs that are obstructed by trees, or are on bent posts, or aren’t “obvious” are great things to photograph, too.
- Make sure the statute that was violated is listed on the ticket. If not listed, the ticket is not valid.
- Promptly follow the appeal instructions on the ticket. All legitimate tickets will have directions for appeal. Waiting until the very last moment weakens your argument and can result in late fees.
- When in court, avoid these phrases as they reduce your credibility and weaken your argument: I didn’t know the law; I was on my way to move my car; I can’t afford this ticket; I’ve been doing this for years; or I checked with the parking officer, who said it was OK.
- Contact a lawyer. If you’re running into roadblocks and feel stuck, it may be best to reach out to a traffic lawyer in your area. Many have free case consultations.
Source: Reader’s Digest
DAYLIGHTING DONE RIGHT
Other cities, meanwhile, have gone out of their way to clearly and effectively communicate where cars are and aren’t allowed to be parked in accordance with daylighting laws.
In New York City, officials utilize fire hydrants to create daylighting zones, physically blocking off corners from parking for cars, a Vision Zero study states.
The study found that “hardened daylighting,” the act of physically blocking the ability to park on a corner by various means, was the most effective mode of enforcement.
While other states have yet to pass specific daylighting laws, major cities such as Seattle, Washington have voluntarily adopted various daylighting practices in an attempt to improve safety.
Meanwhile, San Francisco residents Ed and Judy were recently slapped with over $1,500 in fines simply for parking in their own driveway thanks to a new law.
And New York City’s Department of Transportation recently rolled out a new program in August which turned roughly 175 formerly free parking spots into paid meter zones.
Drivers in San Diego now have to park a massive 20 feet away from intersections[/caption]
