Advertisement

You will be redirected to the page you want to view in  seconds.

November 13, 2009 at 8:27 am

State rules define 'standing'

Driver unsure if waiting for passenger at curb violates parking law

If a driver hits a pothole on a road, such as I-96, a claim for damages can be filed. Chances of collecting, however, are slim. (John M. Galloway / Special to The Detroit News)

In this week's column, one citation conscious driver is concerned about the difference between "parking" and "standing;" another reader would like to collect a few bucks from the state while a third is baffled by all the blinking lights in Macomb County.

The answers, I think, will not only help them, but other commuters as well. "Can you please help me with a traffic law? There is a sign near my daughter's school that reads 'No Parking 7 a.m. -- 5 p.m.' Is it legal to stand in this area? I believe standing is when you are in the car at the curb, with your motor running and are able to move at a moment's notice. Some parents have said that I am parking illegally."

-- Mike Navoy

Mike, "parking" is generally when you leave your vehicle at the curb unattended for any period of time. Standing is when the vehicle is attended by someone who can immediately move if the need arises.

Standing also is defined as picking up or dropping off a passenger or waiting for someone or any other form of temporary parking while you stay with your vehicle.

It's similar to when a driver stops at an airport curb to pick up or drop off a passenger. Now we are moving along to I-96 and all that construction.

"I hit a pothole on I-96 recently in a construction zone. I have a bent rim that is causing a leak. Is there a way to collect money from the state?"

-- Nicholas Gene Petlicke

NGP, there is indeed a process for damage claims, but it involves meeting a lot of requirements and, in the end, your chances of collecting are very slim.

The incident has to have occurred on a state trunk line ( labeled "M," "U.S." or "I" roads) and you must be specific as to where/when it happened.

You must be able to show that there was a failure to repair and maintain the roadbed, and that MDOT knew of the condition beforehand and had an opportunity to repair it, or that the condition existed for more than 30 days. Additionally, the state will only consider damages not covered by your insurance company.

For more detailed information, go to the "Filing a Claim" menu on the MDOT Web site at http://www.michigan.gov/mdot">www.michigan.gov/mdot. Good luck.

And finally, the last question is all about the traffic light system on 16 Mile in Macomb County.

"What is the status on the new traffic light system on 16 Mile, between Utica and Harper? Most of the lights have been blinking continuously for the past 12 months and is causing a real problem at peak travel times without the lights operating properly."

-- Tom Funk

Tom, it looks like those flashing lights are here to stay.

In 2008, the Road Commission of Macomb County fielded numerous complaints about red lights holding up traffic at lightly traveled intersections. The commission did a study in Warren/Sterling Heights and concluded that in certain areas flashing lights would move traffic smoother and with fewer accidents.

A study was conducted on Metro Parkway and the same conclusion was reached. Now traffic on 16 Mile has the right of way over intersecting traffic, which has to wait before proceeding through the intersections.

Commuting tgreenwood@detnews.com">tgreenwood@detnews.com (313) 222-2023

Join the Conversation

The Detroit News aims to provide a forum that fosters smart, civil discussions on the news and events that we cover. The News will not condone personal attacks, off topic posts or brutish language on our site. If you find a comment that you believe violates these standards, please click the "X" in the upper right corner of the post to report it.

  • Policies
  • Community Policy
  • Privacy Policy
  • Terms of Service

More From Columnists

PhotoStore

Purchase outstanding photos from Detroit's past and present

Data Center

This section provides easy access to our databases, data-driven stories and interactive graphics on topics such as schools, population, crime, speed traps and golf courses.



Redesign Guide

The new Detroit News

Explore the improvements and updates to detroitnews.com

Take the tour

Subscribe

Sign up for home delivery today

Follow Us On Twitter

The Detroit News Apps

Stay up to date on the go with the latest from The Detroit News apps

The Detroit News connects you with the best news, sports, auto and entertainment coverage from our team of award-winning journalists.