Illegal Parking Boldly Occupies Sidewalks
Police and Local Governments Face Ambiguous Enforcement Authority
Some Say 30,000 KRW Fine Is 'Too Low'
On the afternoon of the 22nd, franchise industry delivery motorcycles were parked on pedestrian roads in the Mikun-dong area of Seodaemun-gu, Seoul. Photo by Oh Gyumin moh011@
On the afternoon of the 22nd, in the Mikun-dong area of Seodaemun-gu, Seoul, three delivery motorcycles were blatantly parked on the sidewalk in front of a pizza specialty store. The situation was the same in front of a chicken franchise located in the adjacent building. Since there was no space to park motorcycles on the road in front of the stores, the motorcycles had to move onto the sidewalk, which could significantly threaten pedestrian safety.
Motorcycles are not allowed to park or stop on sidewalks. Motorcycles are classified as a type of "vehicle" under the Road Traffic Act. Article 32, Clause 1 of the same law clearly states that drivers of all vehicles are prohibited from parking or stopping on sidewalks of roads where sidewalks and roadways are separated. However, parking inside private property within the sidewalk area is permitted.
However, it is not easy for the police to enforce this. The enforcement authority is ambiguously defined. According to Article 35 of the Road Traffic Act, both police officers and city or county officials can take measures against parking violations. But Article 12 of the Enforcement Decree of the same law specifies that officials responsible for parking and stopping enforcement can be appointed by governors and mayors. As a result, the police interpret the main enforcement authority as belonging to local governments.
Local governments are attempting enforcement, but it is insufficient. If the motorcycle driver is not present at the scene, the first step is to send a fine notice to the vehicle owner. In other words, it is difficult to immediately move motorcycles caught on-site that cause inconvenience to traffic.
There is also criticism that the fines imposed by local governments are too low. When motorcycles violate sidewalk parking regulations, local governments impose a fine of 30,000 KRW. A National Police Agency official stated, "While violations such as motorcycles driving against traffic on the road can be enforced under the Road Traffic Act, there are no provisions regarding parking or stopping on sidewalks in the Act." However, the official added, "We recognize that parking or stopping on sidewalks is dangerous, so we may consider establishing legal grounds in the future and are reviewing various measures such as strengthening enforcement cameras related to driving on sidewalks."
Professor Park Mu-hyuk of the Korea Road Traffic Authority said, "Illegal parking should naturally be illegal according to the legal system," and added, "Besides local government sanctions, the police need to broaden their legal interpretation to create room for intervention."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
