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parking lot
Can a mayor allow vehicles to be parked on the sidewalks of his commune?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
During the Christmas shopping period, it can be tempting to park your car on the sidewalks. But who can authorize it? Parking permits on sidewalks are the responsibility of the mayor, under his traffic police powers. It must therefore reconcile two things: the rights of road users on the one hand, and the constraints linked to the circulation and parking of vehicles on the other. This was recalled by the State Council in its decision of 8 July 2020.
A pedestrian association had asked the mayor to remove the markings on the ground allowing vehicles to be parked on sidewalks. Without a response from the Commission, it brought the matter before the administrative courts.
The Conseil d'Etat recalls first of all that the mayor cannot take measures contrary to the highway code. However, this code does not prevent authorization to park on part of the sidewalks in view of particular difficulties in motor vehicle traffic. On the other hand, parking must allow sufficient passage for pedestrians, especially those with reduced mobility. Second, pedestrians must be able to access homes and businesses along the waterfront. Finally, parking may only be permitted on sidewalk sites that are properly marked.
In this case, due to the configuration of the roads involved, the mayor was legally able to authorize the disputed parking lot. The Conseil d’État dismisses the appeal brought by the association.
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