Not all traffic signs are created equal. Could you get a traffic ticket for parking in a Heat Fans Only Zone? What if the sign looked real but was fake?
Is that LeBron driving the tow truck?
We’ve all seen the novelty signs that warn that you will be towed (or punted or sacked) if you’re not a Packers or Heat fan.
But what about this sign in Portland?
It’s non-denominational. It’s attached below a real traffic sign on a pole sunk into the concrete.
On closer examination, it’s made of flimsy tin rather than the heavy-duty stuff of the sign above it. Also, check the back: It’s held on with zip ties!
How does it compare with other Portland signs? The pedestrian signs have official stickers on the back.
How about other parking signs?
Portland signs use a border (some black, some red) with “COP” and the no parking symbol. Also, check the back: it’s held on with bolts and metal bands. There are also official stickers.
Not all parking signs look the same, of course. Compare this sign from the other side of the river:
It’s different, of course, but note the similarities: nice fat red border and held on with bolts.
There are rules about how traffic signs have to look.
Every traffic sign in Oregon, including parking signs, must comply with the Manual on Uniform Traffic Control Devices (the MUTCD). See ORS 810.200. The MUTCD has all the rules about sign placement, size sign and content (including the font and width of that little border). In section 2B-24, it requires all traffic signs to have that bright border and it has to be a certain size.
How does that help?
ORS 810.250 makes it a defense to a traffic charge if the official traffic control device isn’t in the proper place and legible. However, the same law says that the courts should presume the sign is valid unless you can show otherwise. (As a side note, this same rule applies to other traffic signs like speed limit signs and turn signs.)
So, can you park there legally?
Maybe. The sign doesn’t seem to meet the legal requirements. It’s different enough that it’s legitimacy is in doubt. You may be able to legally park there.
Will it stop you from getting a ticket?
Not necessarily.Even following an unquestionably legitimate traffic sign doesn’t guarantee going ticket free. Remember that sign from across the river? It prohibits parking from 4-6 Monday through Friday. I got a ticket, later dismissed, for parking there on a Sunday at 5pm.
A passing police officer could easily choose to give you a ticket for what appears, on its face, to be a legitimate sign.
What should you do?
You can try to raise this issue yourself. The problem, of course, is that this is a legal defense that you present in court and it’s not an easy defense to use. You have to know how to raise it and you need the right kind of evidence.
The other day I was in court and a woman was representing herself. I heard her story about being charged with violating a temporary speed limit after it had expired and I knew she was right – she wasn’t guilty. However, she hadn’t raised the defense in the right way and her evidence – that absolutely would prove her innocence – wasn’t admissible. The judge found her guilty. Don’t let that happen to you!
What shouldn’t you do?
Don’t put up a fake sign. It might be nice to stop everyone from parking in front of your house by putting up a sign – but don’t do it. It’s a traffic violation – and the judge can stick you with a fine of up to $1000.00.