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Many “customer-only” parking spaces hide a secret that may surprise you: most of them are public! Understand what the law says, how to act in conflicts with store owners and what your rights are as a driver. Get ready to change your perspective on these practices. The truth is revealing!
During times of high traffic in stores, especially during the end-of-year festivities, the scene repeats itself: drivers driving for endless minutes looking for a space, while spaces supposedly “reserved for customers” remain empty and surrounded by signs threatening fines or even towing.
But, after all, can these vacancies really be exclusive? The answer may surprise you and may possibly change the way you view this situation.
According to the National Traffic Council (counter), the practice of reserving spaces on public roads for the exclusive use of 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 of use not provided for in this resolution”.
But why do we still see so many establishments adopting this practice?
What does the law say
The confusion begins with the interpretation of the rules regarding the sidewalk setback.
When a business lowers the curb and creates parking spaces in front of the establishment, these spaces continue to be considered public, even if they are located in the setback.
According to Contran, the change in the structure does not change the public nature of the space. This means that anyone can park there, not just shoppers.
Article 181, paragraph IX of the Brazilian Traffic Code (CTB), deals with infractions related to parking spaces with lowered curbs. However, it does not apply when the spaces are set back, since they remain public.
Exclusivity is only permitted if parking is within the premises of the trade, with entry and exit duly regulated by the Master Plan or the Land Use and Occupation Law.
Irregular demarcations
It is common to see store owners using cones, chains or signs to block access to spaces.
According to article 26 of the CTB, this practice constitutes irregular demarcation and violates traffic legislation.
Only the competent bodies can reserve parking spaces, and this must be done for specific purposes, such as spaces for the elderly, people with disabilities, ambulances or police vehicles.
Article 2 of Resolution 302 of the National Traffic Council (Contran) details the categories of spaces that can be reserved on public roads. These include:
- Rental vehicles, such as taxis and school transport;
- Emergency vehicles, such as ambulances and police cars;
- Short-term vacancies for loading and unloading;
- Rotating parking or parking for the elderly and people with disabilities.
All these spaces must be properly marked by traffic authorities. Any other marking outside of these standards is considered irregular.
What can happen if you park in these spaces
If you decide to use a space labeled “exclusive for customers”, you will hardly be penalized, as long as the space is truly public.
The law is on the driver's side in situations like this., and store owners do not have the authority to fine or call tow trucks without the involvement of the competent authorities.
However, this does not mean that the situation is problem-free. Some traders may try to intimidate drivers or even create verbal conflicts.
In extreme cases, the merchant may call the police, but this generally does not result in punishment for the driver, as long as the parking is within the limits of the law.
What to do if you are approached
If a shopkeeper questions you about the use of the parking space, remain calm and explain that, according to the law, the space is public. If the situation escalates, call the traffic authorities to mediate the conflict.
It is worth remembering that the installation of equipment such as cones and chains can also be reported.
In this case, you can contact the local traffic authority so that the necessary measures can be taken.
Vacancies are public
Parking in “customer-only” spaces is a topic that generates doubts and tension, but the legislation is clear: these spaces, when located in sidewalk recesses, are public.
There is no legal basis for store owners to prevent use by drivers who are not customers. The law also prohibits the irregular demarcation of these spaces.
Now that you know what to do, what do you think about these demarcation practices? Have you ever experienced similar situations? Leave your opinion in the comments!
