A motorist was sentenced by the Toulon Police Court to a fine of 150 euros for very inconvenient parking on a sidewalk. The motorist uses cassation, believing that there was no sidewalk but a simple passage akin to a shoulder. His application is rejected and his fine of EUR 150 is upheld.
The Court of Cassation has ruled that a sidewalk is an area mainly used for pedestrians and running along a lane reserved for the circulation of vehicles, without any other particularity.
For the Court of Cassation, it is not necessary for the pedestrian area to be raised. The important thing is that the two zones are clearly differentiated by a border or any other marking or device.
As soon as a vehicle is parked on the lateral part of the carriageway, if the latter is clearly differentiated from the central part, it is considered to be parked on a sidewalk and must therefore be considered to be in very awkward parking. The Court of Cassation therefore upheld the conviction of the offending motorist.
