Question:

Common sense tells me, that where there is no designated parking spot the best place to park a moped is on the pedestrian walk, provided it allows sufficient space for pedestrians to get past.

Unfortunately common sense and law are often contradictory terms.

Could you tell me what is legal in South Africa? Does the law distinguish between a 750 cc Harley Davidson and a small moterscooter? Is there a different municipal law in force in Cape Town?

Answer:

A motor vehicle, including a motor cycle may not be parked on a side-walk. If a street is wider than 5,5 m you may park on the side of the road.

Reg 305 applies.

The legislation does not distinguish between the different sizes of vehicles. It simply prohibits motor vehicles on sidewalks as the sidewalk is reserved for pedestrians.

The provision is not in the common law but in the National Road Traffic Act.

Definition of sidewalk

(77) “sidewalk” means that portion of a verge intended for the exclusive use of pedestrians

Regards

Alta Swanepoel

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