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yellowap1
03-03-2008, 01:33 PM
Is it legal to practice in a empty church parking lot? I see people practice their driving in there all the time? Wondering if it is ok if an officer sees a bike making circles in a empty parking lot.

Thanks in Advance

Thomas

ps location is west san jose, near cupertino. :thumbup

}Dragon{
03-03-2008, 03:59 PM
Is it legal to practice in a empty church parking lot? I see people practice their driving in there all the time? Wondering if it is ok if an officer sees a bike making circles in a empty parking lot.

Thanks in Advance

Thomas

ps location is west san jose, near cupertino. :thumbup

Unless they get a call, you probably wouldn't get hassled if you are keeping all wheels on the ground and not riding recklessly.

You may want to ask someone at the church if it's OK to practice there and get a business card from them (or their name and number) in case there is a problem.

motorman4life
03-03-2008, 04:56 PM
If the lot is posted for no tresspassing or the like, I would avoid it. But, if you have a valid license or are operating within your valid learner's permit and there is no one there telling you to leave and there are no sign(s) posted declaring your entry unlawful, you should be okay.


Reference (b) and (c) below:

12500 CVC
(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

(b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (g) of Section 12804.9.

(c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.

(d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed.

(e) A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

}Dragon{
03-03-2008, 05:02 PM
If the lot is posted for no tresspassing or the like, I would avoid it. But, if you have a valid license or are operating within your valid learner's permit and there is no one there telling you to leave and there are no sign(s) posted declaring your entry unlawful, you should be okay.


Reference (b) and (c) below:

12500 CVC
(a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

(b) A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver's license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver's license of any class, as specified in subdivision (g) of Section 12804.9.

(c) A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver's license of the appropriate class or certification to operate the vehicle. As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.

(d) A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed.

(e) A motorized scooter operated on public streets shall at all times be equipped with an engine that complies with the applicable State Air Resources Board emission requirements.

PC §602(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.

motorman4life
03-03-2008, 05:39 PM
602(n) gives a licensed process server the right to drive on private property for the purpose of serving papers.... nice try. :p

Razel
03-03-2008, 07:27 PM
...and known not to be open to the general public ... I don't think that applies to a church parking lot... :nerd

}Dragon{
03-03-2008, 07:39 PM
602(n) gives a licensed process server the right to drive on private property for the purpose of serving papers.... nice try. :p

IIRC That only exempts the process server from driving on private property. You remember the Penal Code, right?:twofinger:laughing

I don't think that applies to a church parking lot... :nerd

If the church has no tresspassing signs at all entrances or a gate...

Razel
03-03-2008, 08:45 PM
I don't think that applies to a church parking lot... :nerdIf the church has no tresspassing signs at all entrances or a gate...Ya, then it would.:twofinger

yellowap1
03-04-2008, 02:22 PM
Thanks everyone!!! you guys are great!