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Many “Exclusive for Customers” Spots Hide a Secret That May Surprise You: Most of Them Are Public! Understand What the Law Says, How to Act in Conflicts with Retailers, and What Your Rights Are as a Driver. Get Ready to Change Your Perspective on These Practices. The Truth Is Revealing!
In times of great commerce activity, especially during the year-end holidays, the scene repeats itself: drivers circling for endless minutes searching for a spot, while spaces supposedly “reserved for customers” remain empty and surrounded by signs threatening fines or even towing.
But, after all, can these spots really be exclusive? The answer is surprising and may change the way you view this situation.
According to the National Traffic Council (Contran), the practice of reserving spots on public roads for exclusive use by customers is illegal.
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This is clear in Article 6 of Resolution No. 302/2008, which states: “It is prohibited to allocate part of the road for private parking of any vehicle in situations not provided for in this resolution.”
But why do we still see so many establishments adopting this practice?
What the Law Says
The confusion begins with the interpretation of the rules regarding curb cuts.
When a business lowers the curb and creates spots in front of the establishment, those spots are still considered public, even if they are located in the setback.
According to Contran, the alteration in structure does not change the public character of the space. This means that anyone can park there, not just the customers of the business.
Article 181, item IX of the Brazilian Traffic Code (CTB), addresses infractions related to spots with lowered curbs. However, it does not apply when the spots are in the setback, as they remain public.
Exclusivity is only allowed if the parking is within the premises of the business, with entry and exit properly regulated by the Master Plan or the Land Use and Occupation Law.
Irregular Demarcations
It is common to see retailers using cones, chains, or signs to block access to spots.
According to Article 26 of the CTB, this practice constitutes irregular demarcation and violates traffic legislation.
Only the competent authorities can reserve parking spaces, and this needs to be done for specific purposes, such as spots for the elderly, people with disabilities, ambulances, or police vehicles.
Article 2 of Resolution 302 of Contran details the categories of spots that can be reserved on public roads. Among them are:
- Rental vehicles, such as taxis and school transport;
- Emergency vehicles, such as ambulances and police cars;
- Short duration spots for loading and unloading;
- Rotating parking or designated for the elderly and people with disabilities.
All these spots must be properly marked by traffic authorities. Any other demarcation outside these standards is considered irregular.
What Can Happen If You Park in These Spots
If you decide to use a spot labeled as “exclusive for customers,” you are unlikely to be penalized, as long as the space is truly public.
The law is on the side of the driver in such cases, and retailers do not have the authority to impose fines or call towing services without the involvement of the competent authorities.
However, this does not mean the situation is free of problems. Some merchants may attempt to intimidate drivers or even create verbal conflicts.
In extreme cases, the merchant may call for enforcement, but this usually does not result in punishment for the driver, as long as the parking remains within the law’s limits.
What to Do If You Are Approached
If a retailer questions you about using the spot, remain calm and explain that, according to the legislation, the space is public. If the situation escalates, contact the traffic authorities to mediate the conflict.
It is worth remembering that the installation of equipment like cones and chains can also be reported.
In this case, you can contact the local traffic authority for the necessary measures to be taken.
Spots Are Public
Parking in “exclusive for customers” spots is a topic that generates doubts and tensions, but the legislation is clear: these spots, when located in setbacks, are public.
There is no legal support for retailers to prevent use by drivers who are not customers. The law also prohibits the irregular demarcation of these spaces.
Now that you know how to act, what do you think about these demarcation practices? Have you ever experienced similar situations? Leave your opinion in the comments!
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