If you live in the city and parking spaces are scarce, and if you own a house with a garage or a gate opening onto the street, you have probably parked in front of it. Some motorists, for fear of a possible sanction also have the reflex to install a license plate on the door, in order to prove to the police that the car parked in front of their house is indeed theirs, and that it is therefore useless to put a ticket. But in fact, is this practice really authorized by the Highway Code? Because if it is obviously strictly forbidden to park in front of a gate or a parking entrance, on pain of a fine of 35 € for inconvenient parking, does this rule still apply when it comes to our own car, parked in front of our own house? Auto-Moto gives you the answer, and it should no doubt surprise you!
What the law says ?
Before going any further, it is worth considering what the Traffic Laws about parking. According to article R417-10, “the parking of a vehicle is (…) considered to interfere with public traffic: 1 ° In front of the driveways of neighboring buildings”. Concretely, it is therefore strictly forbidden to park on a boat, and no exemption is provided, even if it is private and is only used by a single household. As you will have understood, the ban also applies to the owners of the premises. The Interior Ministry had indeed confirmed a few years ago that parking your vehicle in front of your garage or gate is contrary to the principle of equality of all citizens before the law and is assimilated to a privatization of public space, which is prohibited. You are therefore liable to a fine of € 35, as well as impounding your vehicle, even if everything proves that you are the owner of the house or garage.
Case law confirms it
This rule, the Court of Cassation confirmed on June 20, 2017, in a judgment which had caused a lot of talk at the time. Indeed, a motorist had received a fine of 35 € for inconvenient parking, which he had quickly contested affirming that he was parked in front of his house. The police court had then released him, affirming that “the parking of this vehicle, on the right edge of the road, does not obstruct the passage of pedestrians, the sidewalk being left free, but, if necessary, only that of the pedestrians. vehicles entering or leaving the neighboring building through its driveway, ie only vehicles authorized to use this passage by the accused or belonging to him ”. Except that the Court of Cassation returns to this judgment, and cites article R417-10, III, 1 °, of the Highway Code cited above. The owner of the car and the garage is therefore very much at fault!
Also read on Auto-Moto.com:
Inconvenient, dangerous, abusive parking: what’s the difference?
Double-file parking: allowed or prohibited?
Paris: paid parking for two-wheelers becomes clearer
If you live in the city and parking spaces are scarce, and if you own a house with a garage or a gate opening onto the street, you have probably parked in front of it. Some motorists, for fear of a possible sanction also have the reflex to install a license plate on the door, in order to prove to the police that the car parked in front of their house is indeed theirs, and that it is therefore useless to put a ticket. But in fact, is this practice really authorized by the Highway Code? Because if it is obviously strictly forbidden to park in front of a gate or a parking entrance, on pain of a fine of 35 € for inconvenient parking, does this rule still apply when it comes to our own car, parked in front of our own house? Auto-Moto gives you the answer, and it should no doubt surprise you!
What the law says ?
Before going any further, it is worth considering what the Traffic Laws about parking. According to article R417-10, “the parking of a vehicle is (…) considered to interfere with public traffic: 1 ° In front of the driveways of neighboring buildings”. Concretely, it is therefore strictly forbidden to park on a boat, and no exemption is provided, even if it is private and is only used by a single household. As you will have understood, the ban also applies to the owners of the premises. The Interior Ministry had indeed confirmed a few years ago that parking your vehicle in front of your garage or gate is contrary to the principle of equality of all citizens before the law and is assimilated to a privatization of public space, which is prohibited. You are therefore liable to a fine of € 35, as well as impounding your vehicle, even if everything proves that you are the owner of the house or garage.
Case law confirms it
This rule, the Court of Cassation confirmed on June 20, 2017, in a judgment which had caused a lot of talk at the time. Indeed, a motorist had received a fine of 35 € for inconvenient parking, which he had quickly contested affirming that he was parked in front of his house. The police court had then released him, affirming that “the parking of this vehicle, on the right edge of the road, does not obstruct the passage of pedestrians, the sidewalk being left free, but, if necessary, only that of the pedestrians. vehicles entering or leaving the neighboring building through its driveway, ie only vehicles authorized to use this passage by the accused or belonging to him ”. Except that the Court of Cassation returns to this judgment, and cites article R417-10, III, 1 °, of the Highway Code cited above. The owner of the car and the garage is therefore very much at fault!
Also read on Auto-Moto.com:
Inconvenient, dangerous, abusive parking: what’s the difference?
Double-file parking: allowed or prohibited?
Paris: paid parking for two-wheelers becomes clearer