Is it legal to reserve a parking space by placing a traffic cone or a chair on the road?
We have all seen it and some of us have possible done it too. With on-street parking often an issue, especially in larger towns and cities people who for whatever reason want to ensure that they, a visitor or someone that is coming to their home or business to make a delivery or carryout work can park outside the front door. Traffic cones or chairs are usually placed on the road to ensure that the parking space remains free. But is this legal? And if isn’t what penalties could you face for doing it?
The law is very clear, parking spaces along the roadside are part of the public highway and as such may not be “privitised” or reserved. The VRT’s traffic expert Hajo Beeckman told VRT News that “If someone has placed a traffic cone or a chair in a place where you wish to park you can remove it”.
Hajo Beeckman adds that "A parking space on the public highway is public property and according to the law you are not allowed to block access to it neither with objects or with your own body. Even if you just occupy a space for a driver while they is driving around the block so that they are able to park in the space better, you are breaking the law”.
If you need to reserve a parking space on the public highway you need to ask for a permit.
"You can’t act on your own initiative and reserve the space. You have to ask the municipal or city authorities for a permit. Very often this costs money and you need to apply well in advance”.
Move it and drive off
If you see a parking space that has been “reserved” by use of a chair or cone, you can simply remove the items. "You are within your rights to do so. The only condition is that you place the object in a place where it does not hinder other road users. So don’t put the cone in the middle of a cycle path. That is public property too and as such you are not allowed to place objects on it and you can just park there", Hajo Beeckman explains.
However, this kind of assertive action can sometimes lead to conflict. Hajo Beeckman advises to "Be sure to get the police involved if there is a conflict. The police can even issue a fine for occupying the public highway. It’s not a huge fine, but it is a fine, nonetheless.
Shop carparks
Different rules apply on shop carparks. There two people try and reserve a place for someone that is coming to pick them up. "A car park is a private proprty. The law regarding the public highway does not apply there. It is the retail chain or company that runs the carpark that decides what is allowed”, Hajo Beeckman says.