A trucker is fighting back after he was issued a fine for parking his truck in his own driveway. The driver, Martin Turpel, has been parking his rig in his driveway for more than 15 years, but now a new town bylaw says it’s not allowed.
Turpel says that last summer he received a warning from a bylaw officer that he would have to move the truck off of his property. The bylaw in question makes it illegal to park commercial vehicles above a certain weight in residential areas overnight.
Such bylaws are becoming an increasingly common way of preventing truckers from idling all night in an area where they don’t live, sometimes making noise and creating pollution. But according to Turpel, he should be exempt from the rule since the vehicle isn’t running, he’s a resident, and he has a long enough driveway that the vehicle doesn’t stick out on to the street at all.
When he was issued with the warning, Turpel went to the town council who agreed to review his case. But in a brief discussion at a monthly meeting, the advisory committee recommended keeping the bylaw in place to “address significant concerns related to fire safety, noise, aesthetics and neighborhood integrity.” It was after this meeting that he received his ticket.
Turpel says that he will leave the town before he pays any tickets he gets for parking his truck in his own driveway.
“I’ve tried to do it the diplomatic way but it’s their way or the highway,” he said in an interview with Truro Daily. “As far as me being nice, it’s not going to happen. My truck will be (in my driveway). I don’t care how many tickets I get, I won’t pay them.”
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Source: truruo daily, atlantic ctvnews
Image Source: trurodaily
I wonder if he can sue for discrimination?
Also I wonder if he can put his property taxes into escrow until he can take it to court.
Sounds like a few uppity NIMBYs harassing a home owner.
Heck I wonder if he could find out who championed that “bylaw” (and how exactly are “bylaws” passed anyway) and sue for damages.
I am fairly sure that under Canadian Law a person who does something on his property before a by-law is enacted can claim “grandfather” status and is exempt from the law. He clearly has been parking there for 15 years without a problem, therefore he should have the right to continue that activity. The new by-law should only effect anyone who has not parked their tractor on their property before the by-law was enacted. It is similar to the way that when they pass a new law giving stiffer penalties to a person who commits a crime, those new penalties do not apply to anyone who committed their crime before the new penalties were law.
I also agree with other posts that this may be a NIMBY thing… kind of like when people move in next to an airport then complain that the planes are keeping them up all night.
I recommend he talk to a lawyer and maybe take them to court.
While I understand this guys issue. I also have some understanding towards the city. For one thing any large vehicle can cause a city more problems as a whole with multiple large vehicles parked in a residential area. I personally believe though more effort needs to be made to provide safe parking areas for people close to their homes. Just as I would not expect a crane operator to park his crane at home or a large earth mover or even a big 40 ft RV. I think this driver needs to understand this is not a personal attack so much as a overall means to keep large vehicles of all kinds in check. My neighborhood had a agreement that no large vehicles were to be parked in the subdivision. The city has since adopted this.
Truro, NS is not a city nor is it even close to being a city. It barely exceeds the threshold for being a village and only does because it’s municipal area includes huge swaths of farmland in it’s entirely rural county. Truro is farming country. There a few restaurants, gas stations and hotels and department stores and an (agricultural) community college and that’s about it. Truro’s claim to fame is boasting a large number of holy rolling evangelicals who practice the fundamentalist 19th century Gospel Hall brotherhood. No doubt in my mind that this holier than thou mentality contributes to trying to legislate away private property owners’ rights.
I would be willing to bet there will be no ticketing of RV owners, boat owners, camper trailers etc included despite creating the same problems as cited by trucks. I pick up and deliver to a customer that is on a residential street in Truro and if they were to try to impose a no commercial traffic rule, my customer as well as 2 others would likely close permanently and move elsewhere. We back in off the street, backup alarms blazing, at all hours of the day and night, shunting and bumping pins, as well as idling waiting on trailers las we have a drop yard there as well. All of this with house across the street. This is business: no trucks, no jobs at the few processing plants and manufactories left.
So if we are excepted from these rules, wha reason not to except a tax paying homeowner who parks his truck? I suspect he is just an easier target and makes the nosey neighbours feel as though they have won a victory, when WE, the carriers who move all of their goods and food in and out of their town were the intended target.
I live in downtown Halifax (the only city in the province) and as long as I abide the hours street parking regulations I can park my tractor almos anywhere, irrespective of night/daytime and there are no idling rules whatsoever. The trucks have to deliver to the grocery stores overnight since they could not access the loading bays during working hours. There is a 25/hr grocery store next door with trucks coming all day and night up my street.
The main difference, of course, is that city dwellers have the sense to realize that we cannot legislate simply because we don’t like something. We have no right to interfere and if the noise of the city becomes too bothersome simply removing the rights of others is not an acceptable solution. In other words: we must find a way to be less bothered rather than prevent others from bothering us in order to coexist.
Neighbourhood associations often pass these types of laws, but I’m unaware of their right to make them retroactive.
The man pays property taxes and he apperantlly owns his home and has parked there for 15 years! I understand were he,s coming from. I own my house and pay my taxes and i also maintain this area were i parked, as a bonus i used to be on the city board as a trustie. I also haul all the cities aggregate material to maintain there roads. One day im told that 2 other trusties have a problem with me parking my truck at home. This is a small town of 235 people in a farming community. No curb and gutter and they don’t maintain much of anything (regardless) all it takes is one a$$ to make noise instead of facing me personally they cry to the village. I wont be cutting there grass with my personal gas and mower ever again which i did for over 2 years for free. Im tward the end of my block these folks dont even come by here (not an inconveinyance). They can all kiss my DOT bar. I say file a formal complaint with the county were u live and make it an issue of the grandfather clause. Btw other drivers park right by 2 city facilities (library and post office) nothing is said. Retired busybodies gossipers with nothing else to do but mess with a working man. They need to get a life.
My next door neighbor parks his truck and trailer in his front yard and has a motor that kicks on and off during the cold weather… The load limit on this road is 20 tons and in MI we have frost laws that at certain times of the year the weight limit is reduced, but he still parks it there in the front of the house.
When I had a truck that I drove home I left my trailer at the truck stop 6 miles away and plugged in my truck’s block heater so I didn’t disturb the neighbors… Some are not considerate of others.
I think it would be fair to ask him to shut the truck down. He could run an extension cord if he’s worried about it starting.
very true. there just some drivers done have respect for neighbors. plug a cord. keep the peace, and done block roads and i cant see a problem. i found a dollar store close by to park my trailer in the corner of the lot close to home. i went in side and asked, and offered a few bucks to do so, they said they couldnt take any, so i told them to up it to the employees picnic or something and i never had any troubbles
this is plain and simple. If delivery trucks go up and down your road then the law doesn’t apply to you. The law has to specifically ban residents from parking commercial vehicles at their homes and they would still need to specify how many axles and weight and height limits as well.
Get a high profile Jewish lawyer and sue the frack out of them for predatory defamation of character and unjust prejudice of a personal vehicle operator since the tractor becomes a personal vehicle when you are off duty. Even a work van or a pick up truck is a commercial vehicle and I bet there are hundreds of those still parking in driveways.
In what section of the Yellow Pages does one find the category “high profile Jewish lawyer”?
To my knowledge (as a lawyer for 30 years), there is no cause of action for “predatory” defamation of character, but there can be suits for “defamation” which means “publication” (oral or written) of false statements. Passing a law that someone does not like is not defamation. Nor is there a claim for “unjust prejudice of a personal vehicle operator” recognized under the law.
The way to address this matter is not with crazy legal theories. This is a political issue, not a legal issue.
Good (reply) comment, thanks for the “Wisdom”.
I was told by Allen Smith “truthabouttrucking.com” that Paul Taylor is considered one of the best lawyers for truckers in the business. I sent him a letter back in 2010, got returned for “insufficant address”. My fault there. The state of Ohio pulled my Michigan CDL in 2006. It’s now 2015,and Ohio still has a “hold” on my Michigan license. So Michigan is stuck,until I go to Ohio,and get my name cleared of all charges. Good ol’ politics ! listen to Paul..he knows what he’s talking about.
When choosing an attorney, one should always bring along a measuring tape. It was be embarrassing to mistakenly hire a low-profile Jewish lawyer, thereby upsetting the shameless bigots who post here.
They did the same here in Lee County, Fla. Under the ordinance. It could not be seen from the road. they would let you build a big garage to park it in, that stuck out like a sore thumb. Many had to find a place to park.I went to the county meeting and found that. I myself being in Agriculture zone was exempt for now. This is a bunch of political garbage that is coming against us as owner operators. Something has to stop them.
I left Marion Co. Florida 13 years ago, same problem. I had parked on my land for 15 years until the old code enforcement officer retired. The new one was making a name for himself. [ I had one acre in the Ocala National Forest ] The regulations of buying a 300 permit and a yearly review was too much. I am very happy to leave some where I am not wanted. Let that county rott.
File for a “Variance” The city is creating a hardship and preventing him from making a living. Cost 150.00 in my town and is a tax right off.
So…….like a FEE to Park the vehicle on his own property..?
I live in an area where there are CCRs (covenants and restrictions). Nobody can park a boat, RV, commercial truck, trailer, etc., of any kind in front of the house or in the street. When my husband was a driver he parked his cab in front of the house for a few nights when he was home. We got a letter from the CCR board telling him to move it and not park there again. The restriction applies to all neighbors in our hood. We didn’t like it but he moved the cab.
Your best option is getting a lawyer and so on the premise that the precedent has been set for 15 years without objection it would not be fair to change. Not a lawyer but you know what I am trying to say. I have a similar situation but for only a year. I found a spot 2-3 miles from my house so I did not go the lawyer route had I been there for 15 years I sure would.
Need to put a “Proposal” together and get a minimal of One thousand Signatures from Local residents and neighbors and SUE THE CITY AND COUNTY………****KEEP US POSTED..!!!
Same thing happened to me. Officer wrote the ticket naming my wife, since she is on the deed to house.
It can’t be a weight issue since a tractor weights less then an rv. Therefor it is an appearance issue. Put up one of those portable tent garages over part of your driveway or over part of your lawn where you can park your tractor. Buy one that you can totally enclose. Then no one can see the tractor all they will see is a big eye sore of a tent garage. Of course get written permission first from the town that you can put one up for whatever reason then they would have to pay you big money if they want you to remove it. Don’t tell them it’s for your tractor. Let them stick that in their pipe and smoke it !!!
Yeah the fact that it happens to be a city instead of a neighborhood association doesn’t really change the nature of the situation. Unless and until the bylaw is removed, the guy simply has to stop parking his rig there—his goal of resuming legal parking there will not be furthered whatsoever by disobeying the bylaw.
This reminds me a little of the lunatic solo driver who got fired (appropriately) for refusing to leave his co-driver line blank on his paper logs, insisting instead on writing in the name of his imaginary friend. C’mon man—when it comes to your logs, imaginary friend = imaginary job.
I think if you can fit it you keep it, one or two trucks should not be a problem and thats how you should be treated in your city, it improve the light concrete or asphalt roads to be stronger and last longer than what they have now a days. Other words tell the city to improve your roads, and the way they can do it is by allowing you park your truck in your driveway. you do not shoot the messenger.
There is the town’s problem the town council,and the advisory committee . I’d get to the police station,and file a complaint against them parking THEIR vehicles in THEIR driveway ! These people in governments just want the power over others,and our money to pay them their fat wages. Then they turn around,and pass laws to hurt the people THEY WORK FOR ! Let them see how it like to live struggling. The thing is…they could care less about “Fair treatment” of anybody !Just leave the guy alone ,this IS using the made for the town council,and the advisory board law for “HARRASSMENT”. Doesn’t any on see the council,and board scratch each other’a rear ends. A lot of butt kissing between the two.
Well he should be able to “Grandfather” pass that new law as he’d been parking in his driveway for 15 years prior to that new law being installed.
That happened where I use to live..granted I did live in a hoa community but that’s not who give me the warning.it was Gwinette County police in Georgia. It is illegal to have a commercial vehicle At a residential address as well a commercial vehicle At a commercial address over night if parked on gravel. . Stupid and absurd.. my mechanic which has been in business for over 30 years can no longer have a truck parked there unless he has a open work order on it and if he has the open work order parked outside it must be parked on concrete or asphalt. .. Really totally stupid. .I moved over the county line got me a warehouse a mile from my house that let’s Me Park both truck and trailer. I don’t like taking my truck home unless I’m having to work on it so I try to do my pm service with repairs same weekend but the place I live has the best neighbors and no dumb rules. .. Oh. . Insult to injury. If parked at your home in Gwinette County it is a 1000 dollar fine and my mechanic had to have 31 vehicles removed by force or face a 38000 dollar fine.. He is still battling the county in this issue Over the last 3 years
I had the same experience in Dallas, and I was only unloading my gear from the truck. It’s usually a jack ass neighbor, that feels anything they don’t like lowers their property value. Just like the HOA’s in some comunities, a bunch of busy bodies who want everybody to conform to their standards.
What happened to my comment ? KGB ?!
First, i would remind everyone that, although YOUR property is yours, its NOT on a private island, disconhected from the rest of the neighborhood, as so many people these days would like to fantasize. I would also interject 2 aspects… 1) It may be an annoyance to the neighbors to have a vehicle like this started up every day and hear it pulling out, especially if early in the morning and 2) Parking a heavy truck like this in a driveway adjacent to another property, overnight, year after year, can affect the stabeness of the neighboring property. Hell, work trucks that have been on my own driveway for a only a few hours have cracked the pavement and or caused the ground underneath to sag. Don’t be so ignorant to think owning property means you can dismiss all responsibility associated with the neighborhood you live in.
It’s totally wrong if police gives you ticket for truck parking which is under your own property. Even it’s city but it’s front of your garage not even side parking. I think it should be your one of the right to park a truck front of your garage. You pay the rent or you are own, still you are paying for property.