3.14Parking, Stopping, or Standing

A.Statutory Authority

1.Parking on Traveled Part of Highway

“Outside of the limits of a city or village, a vehicle shall not be stopped, parked, or left standing, attended or unattended, upon the paved or main traveled part of a highway when it is possible to stop, park, or to leave the vehicle off the paved or main traveled part of the highway.” MCL 257.672(1). “Inside or outside of the limits of a city or village, a vehicle shall not be stopped, parked, or left standing, attended or unattended, upon the paved or unpaved part of a limited access highway, except in an emergency or mechanical difficulty.” Id.

2.Prohibited Parking Areas under MCL 257.674 

“A vehicle must not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:

(a) On a sidewalk.

(b) In front of a public or private driveway.

(c) Within an intersection.

(d) Within 15 feet of a fire hydrant.

(e) On a crosswalk.

(f) Within 20 feet of a crosswalk, or if there is not a crosswalk, then within 15 feet of the intersection of property lines at an intersection of highways.

(g) Within 30 feet of the approach to a flashing beacon, stop sign, or traffic-control signal located at the side of a highway.

(h) Between a safety zone and the adjacent curb or within 30 feet of a point on the curb immediately opposite the end of a safety zone, unless a different length is indicated by an official sign or marking.

(i) Within 50 feet of the nearest rail of a railroad crossing.

(j) Within 20 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station within 75 feet of the entrance if properly marked by an official sign.

(k) Alongside or opposite a street excavation or obstruction, if the stopping, standing, or parking would obstruct traffic.

(l) On the roadway side of a vehicle stopped or parked at the edge or curb of a street.

(m) Upon a bridge or other elevated highway structure or within a highway tunnel.

(n) At a place where an official sign prohibits stopping or parking.

(o) Within 500 feet of an accident at which a police officer is in attendance, if the scene of the accident is outside of a city or village.

(p) In front of a theater.

(q) In a place or in a manner that blocks immediate egress from an emergency exit conspicuously marked as an emergency exit of a building.

(r) In a place or in a manner that blocks or hampers the immediate use of an immediate egress from a fire escape conspicuously marked as a fire escape providing an emergency means of egress from a building.

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(v) Within 500 feet of a fire at which fire apparatus is in attendance, if the scene of the fire is outside a city or village. However, volunteer fire fighters responding to the fire may park within 500 feet of the fire in a manner not to interfere with fire apparatus at the scene. A vehicle parked legally previous to the fire is exempt from [MCL 257.674(1)(v)].

(w) In violation of an official sign restricting the period of time for or manner of parking.

(x) In a space controlled or regulated by a meter on a public highway or in a publicly owned parking area or structure, if the allowable time for parking indicated on the meter has expired, unless the vehicle properly displays 1 or more of the items listed in [MCL 257.675(8)¹].

(y) On a street or highway in such a way as to obstruct the delivery of mail to a rural mailbox by a carrier of the United States Postal Service.

(z) In a place or in a manner that blocks the use of an alley.

(aa) In a place or in a manner that blocks access to a space clearly designated as a fire lane.

(bb) On a streetcar track or in a manner that blocks, delays, or otherwise interferes with the movement of a streetcar on a streetcar track.” MCL 257.674(1).

3.Clear Vision Areas

“A vehicle shall not be parked in an area purchased, acquired, or used as a clear vision area adjacent to or on a highway right of way.” MCL 257.674a(1).

4.Disabled Person Parking

“A disabled person with a certificate of identification, windshield placard, special registration plates issued under [MCL 257.803d], a special registration plate issued under [MCL 257.803f] that has a tab for persons with disabilities attached, a certificate of identification or windshield placard from another state, or special registration plates from another state issued for persons with disabilities is entitled to courtesy in the parking of a vehicle.” MCL 257.675(6). “The courtesy shall relieve the disabled person or the person transporting the disabled person from liability for a violation with respect to parking, other than in violation of [the MVC].” Id. ²

“A vehicle must not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device, in any of the following places:

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(s) In a parking space clearly identified by an official sign as being reserved for use by disabled persons that is on public property or private property available for public use, unless the individual is a disabled person as described in [MCL 257.19a] or unless the individual is parking the vehicle for the benefit of a disabled person. In order for the vehicle to be parked in the parking space the vehicle must display 1 of the following:

(i) A certificate of identification or windshield placard issued under [MCL 257.675] to a disabled person.

(ii) A special registration plate issued under [MCL 257.803d] to a disabled person.

(iii) A similar certificate of identification or windshield placard issued by another state to a disabled person.

(iv) A similar special registration plate issued by another state to a disabled person.

(v) A special registration plate to which a tab for persons with disabilities is attached issued under [the MVC].

(t) In a clearly identified access aisle or access lane immediately adjacent to a space designated for parking by persons with disabilities.

(u) On a street or other area open to the parking of vehicles that results in the vehicle interfering with the use of a curb-cut or ramp by persons with disabilities.” MCL 257.674(1).

In addition, a local ordinance may be enacted that “prohibit[s] parking on a street or highway to create a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours, and the privileges extending to . . . physically disabled persons under [MCL 257.675(6)] do not supersede that ordinance.” MCL 257.675(6).

“MCL 257.675(6) precludes liability by . . . a disabled person [who is] cited. . . for violating a local time-restriction parking ordinance not contemplated in MCL 257.675(6) as constituting an exception to the liability exemption for disabled persons.” City of Monroe v Jones, 259 Mich App 443, 453 (2003).

5.Unattended Vehicle

“A person shall not allow a motor vehicle to stand on a highway unattended without engaging the parking brake or placing the vehicle in park, stopping the motor of the vehicle, and removing and taking possession of the ignition key.” MCL 257.676(1). “If the vehicle is standing upon a grade, the front wheels of the vehicle shall be turned to the curb or side of the highway.” Id. MCL 257.676 “does not apply to a vehicle that is standing in place and is equipped with a remote start feature, if the remote start feature is engaged.” Id. 

6.Parking Within 500 Feet of Fire Apparatus Stopped in Answer to a Fire Alarm

“The driver of a vehicle other than a vehicle on official business shall not . . . park the vehicle within 500 feet where fire apparatus has stopped in answer to a fire alarm.”³ MCL 257.679(1).

B.Parking, Standing, and Stopping Violations

Common parking violations include:

•Disabled person parking⁴ violations—disregarding sign; improper use of handicap identification, plate, or tab; blocking access aisle or curb-cut, MCL 257.674(1)(s)-257.674(1)(u) and MCL 257.675(5) (note that MCL 257.675 now specifically defines disabled person differently than the general definition found in MCL 257.19a);

•Meter violations, MCL 257.674(1)(x);

•Parking in clear vision areas, MCL 257.674a;

•Parking on a highway or limited-access highway, MCL 257.672;

•Prohibited parking areas, MCL 257.674; and

•Unattended vehicle, MCL 257.676(1).

C.Exceptions to Parking, Stopping, and Standing Violations

A vehicle may be parked in a prohibited place “if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a police officer or traffic-control device[.]” MCL 257.674(1).

“The [jury] instruction on sudden emergency is unnecessary when a violation of the no parking statute is alleged, MCL 257.674(n).” Mason v Wurth, 181 Mich App 129, 131 (1989). This is because “[t]he statute expressly excepts otherwise prohibited parking when necessary to comply with the law.” Id. “The exception includes compliance with the law requiring an individual to stop at the scene of an accident and exchange certain information.” Id.

D.Parking, Standing, and Stopping Violation Proceedings

“[I]n a proceeding for a violation of a local ordinance or state statute relating to a standing or parked vehicle, proof that the particular vehicle described in the citation, complaint, or warrant was parked in violation of the ordinance or state statute, together with proof from the secretary of state that the defendant named in the citation, complaint, or warrant was at the time of the violation the vehicle’s registered owner, creates in evidence a presumption that the vehicle’s registered owner was the person who parked or placed the vehicle at the point where and at the time that the violation occurred.” MCL 257.675a.

E.Liability for Parking, Standing, and Stopping Violations

1.Prima Facie Case of Vehicle Owner Liability

Although a police officer may issue a parking, standing, or stopping violation citation to the operator of the vehicle if he or she is present, MCL 257.675c(4), the registered owner is generally liable for the violation, MCL 257.675c(1). “Instead of requiring the local governmental unit issuing the ticket to identify and pursue the particular driver who violated the parking law, the Legislature has created a rebuttable prima facie case based on vehicle registration.” Ford Motor Credit Co v Detroit, 254 Mich App 626, 629 (2003). MCL 257.675c(1) states:

“[I]f a vehicle is stopped, standing, or parked in violation of [MCL 257.672, MCL 257.674, MCL 257.674a, MCL 257.675, or MCL 257.676], or other state statute, or a local ordinance prohibiting or restricting the stopping, standing, or parking of a vehicle and the violation is a civil infraction, the person in whose name that vehicle is registered in [Michigan] or another state at the time of the violation is prima facie responsible for that violation and subject to [MCL 257.907].” MCL 257.675c(1).

“The owner of a vehicle cited for a stopping, standing, or parking violation pursuant to [MCL 257.675c(1)] may assert as an affirmative defense that the vehicle in question, at the time of the violation, was in the possession of a person whom the owner had not knowingly permitted to operate the vehicle.” MCL 257.675c(2). A vehicle’s owner may also rebut a prima facie case established under MCL 257.675c(1) with “evidence that someone else is responsible for the violation.” Ford Motor Co, 254 Mich App at 630 n 3 (the affirmative defense specified in MCL 257.675c(2) is not the only method of rebutting a prima facie case).

2.Exception: Violations Involving Leased or Rented Vehicles

Where the violation involves a leased or rented vehicle, the owner may not be responsible. MCL 257.675b(1). “The lessee or renter of a motor vehicle and not the leased vehicle owner is liable for a violation of a local ordinance or state statute relating to a standing or parked vehicle involving the motor vehicle if the leased vehicle owner furnishes proof that the vehicle described in the citation, complaint, warrant, or notice was in the possession of, custody of, or was being operated or used by the lessee or renter of the vehicle at the time of the violation.” MCL 257.675b(1).

“If a leased vehicle is leased or rented for 30 days or less, the leased vehicle owner may avoid liability for a violation described in [MCL 257.675b(1)] if the leased vehicle owner provides all of the following information to the clerk of the court or parking violations bureau issuing the violation not later than 30 days after the leased vehicle owner has received notice of the violation:

(a) The lessee’s or renter’s name, address, and operator’s . . . license number.

(b) A copy of the signed rental or lease agreement or an expedited rental agreement without signature as part of a master rental agreement, including proof of the date and time the possession of the vehicle was given to the lessee or renter and the date and time the vehicle was returned to the leased vehicle owner or the leased vehicle owner’s authorized agent under the agreement.” MCL 257.675b(2).

“If a leased vehicle is leased or rented for 30 days or less, the leased vehicle owner is liable for a violation of a local ordinance or state statute relating to a standing or parked vehicle if 1 or more of the following occur:

(a) The leased vehicle owner does not provide the information described in [MCL 257.675b(2)] within the 30-day period specified in [MCL 257.675b(2)].

(b) The court or parking violations bureau issuing the violation proceeds against the lessee or renter of the vehicle and the lessee or renter of the vehicle is not convicted of or found responsible for the violation.” MCL 257.675b(3).

3.Civil Action by Vehicle Owner Against Violator

“The registered owner of a vehicle who is found to be responsible for a civil infraction as the result of [MCL 257.675c(1)] or a leased vehicle owner as defined in [MCL 257.675b] that is found to be responsible for a civil infraction described in [MCL 257.675b] has the right to recover in a civil action against the person who parked, stopped, or left standing the vehicle in question damages including, but not limited to, the amount of any civil fine or costs, or both, imposed pursuant to [MCL 257.907].” MCL 257.675c(3). “The registered owner of a vehicle or the leased vehicle owner may provide in a written agreement that the person who parked, stopped, or left standing the vehicle in violation of a state statute or local ordinance, when the violation is a civil infraction, shall indemnify the registered owner or the leased vehicle owner for the damages incurred including, but not limited to, any civil fine and costs imposed upon the registered owner for that civil infraction.” Id. “With regard to a leased vehicle, [MCL 257.675c(3)] does not apply if the court or parking violations bureau issuing the violation finds that the lessee or renter of the vehicle is not responsible for the violation and it is determined that the lessee or renter did not violate the terms of the rental contract or lease agreement.” MCL 275.675c(3).

F.Penalties

“For a violation of [MCL 257.674(1)(s)] or a local ordinance that substantially corresponds to [MCL 257.674(1)(s)], the civil fine ordered under [MCL 257.907(2)] must not be less than $100.00 or more than $250.00.” MCL 257.907(2)(j).

For all other parking, stopping, or standing civil infraction violations, the general rules for assessing a civil fine and costs apply. See Section 1.20 for a discussion of the general rules governing the assessment of a civil fine and costs; see also the Michigan Judicial Institute’s table for a quick reference guide.