Differences between stopping, parking, cargo handling and embarking/disembarking
As is so common, there is a lot of ignorance and half-knowledge when it comes to driving. Our customer service is often confronted with questions from concerned motorists, as well as clients regarding the differences between stopping, parking, cargo handling, and getting in and out. I would like to try to do some clarification work for you to bring light into the darkness. I will be happy to explain the difference of holding, parking, cargo handling, etc.
What are the most common questions
- I was still in the car, so I was not parked
- I have only briefly unloaded something
- The vehicle counts as parked only after five minutes of standing time
- I was just waiting for someone, so I only stopped to let someone get on
The differences
First, we need to find out what all the different vehicle states are. Then we can go into the individual points and explain them.
What counts as a hold?
Stop refers to an intentional interruption of travel that is not due to traffic conditions, such as a traffic jam, or traffic control, such as a traffic light or stop sign. In particular, this includes brief stops for the purpose of embarking and disembarking passengers and for the purpose of cargo handling.
What was that about letting people in and out?
Allowing someone to get on or off a vehicle is a form of stopping that is used to allow people to get on or off a vehicle. However, this really only refers to this process, because waiting for someone to get in first and then letting the person get in already qualifies as parking.
What is meant by cargo handling?
Cargo handling refers to the loading or unloading of heavy or bulky goods that, because of their size or weight, require transportation by vehicle. This is an exceptional permit that is interpreted restrictively. Cargo handling is determined on the basis of factual, temporal, spatial and personal criteria. It includes only the effective time of loading and unloading of the goods and, if necessary, transportation to the nearby destination. There are activities that are not considered cargo handling, such as preparing and packing a load, recounting and checking a delivery, disassembling and assembling the goods to be transported, or sorting out things and objects. Thus, unloading a normal shopping bag hardly counts as cargo handling.
What counts as parking?
Parking refers to any voluntary parking of a vehicle that is not an emergency stop, nor is it for the purpose of getting in and out of the vehicle or transferring goods. The decisive factor is the purpose of the stop and not the duration. It does not matter whether the driver remains in the car or – although it is forbidden – leaves the engine running.
Difference stopping, parking, letting in and out, and cargo handling on private and public property.
Now that we’ve gone into what vehicle states there are and how they differ, I’d like to go into another subtlety. The decisive factor is also where the action takes place. With this, I would like to draw attention to the fact that it is of great importance whether such situations take place on public or private property.
What must be observed on public property?
On public property, it is important to be attentive to the applicable signaling. Stopping and parking prohibitions are indicated by appropriate signs or markings. A sign with a red cross or red line on a blue background indicates no-stopping or no-parking zones. There are yellow stripes on the ground for smaller areas, with a solid yellow stripe indicating no stopping and a stripe interrupted by yellow crosses indicating no parking. The legislator differentiates between no-stopping and no-parking zones: In no-parking zones, stopping is permitted for a longer period of time under certain conditions. Parking or stopping in a no-stopping zone may be punished by an administrative fine of 80 or 120 francs. The fines are generally based on the Ordnungsbussenverordnung (Ordinance on Administrative Fines ) and are thus regulated nationwide.
How does it behave on private property?
On private land it is also important to observe the signalization. Special care must be taken. Parking spaces marked in yellow are usually reserved for private users. On private property – as far as criminal law is concerned – so-called audience-judge prohibitions come into play. These represent an extension of the protection of possession according to the ZGB and usually prohibit an undefined group of persons from driving and driving on a certain piece of land. Certain groups of people may be excluded from such a ban, such as “tenants are allowed in the parking spaces assigned to them”, “allowed only guests of the restaurant Sternen, during the time of consumption” or “after payment of the parking fee according to the provisions of the parking meter”.
Thus, on private property, it is not so much a question of whether you stop, park, handle goods, and let people in and out, but rather whether you are authorized to drive on the property at all and whether you comply with the parking regulations in effect on site. In the case of violations, the company usually charges a fine or tows the vehicle away. Charges and fines are also possible if there is an audience-judge prohibition or another law prohibits unauthorized persons from abusing private property. All together is also possible. Here you will find an informative articleon the topic of “Unauthorized parking on private property” from the website auto-recht.ch.
Need help with vehicle abuse of private property?
Then you are welcome to contact us without obligation.
Thank you for your attention and I hope you were able to glean some valuable information from my research.
Written by Deron, Customer Service and Administration Manager – parkotect