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It's convoluted, but here's the explanation: The section on opening doors refers to opening doors into "traffic" . Traffic is a defined term in the VTL and only applies to movement of vehicles, etc., on a highway. A parking lot is not within that definition, hence the section does not apply.
The VTL is full of situations like that. Applicability and enforcement is often based on what's not said in the VTL in addition to what is said. (Or in some instances, based on court rulings and DMV interpretations.) Clear as mud?
i think when it comes to enforcement anything not clearly black and white is shyed away from and made off limits to enforcement . no towns or cities want to get tied up in court with defining words and circumstances so while the law may be one thing enforcement of it is another thing.
if i can pull my son away from his work to do some case law look ups on lexis nexis for us that should be interesting. hes an attorney but labor law.
i think when it comes to enforcement anything not clearly black and white is shyed away from and made off limits to enforcement . no towns or cities want to get tied up in court with defining words and circumstances so while the law may be one thing enforcement of it is another thing.
if i can pull my son away from his work to do some case law look ups on lexis nexis for us that should be interesting. hes an attorney but labor law.
case in point is here in queens we have flushing thats as close to going to an asian country as you can get without leaving. . very few signs are in english.
now we also have a law that says all signs must contain the name in english..
problem is no one wants to get involved enforcing it. the police say its a building dept law, its their responsibility to enforce it . the building dept says its not their job to enforce it ,the police should do it.
the police say we wont do it,we have to remain close with the community.
sooooo its sacred ground and no one does it.
now its believed by most folks the signs dont have to be in english because the law and enforcment become 2 different issues.
all indications from what i read are the courts most likly do and would consider parking lots and public accessed property public roads and public highways by definition and hense under vtl laws unless specifically excluded , law enforcement just may shy away and say oooops private property not our problem but in realty the courts i bet would have a different view .
ill see if i can get that case law for us to see how the courts take it as thats the only sure way of knowing how things are interpreted .
Last edited by mathjak107; 07-19-2011 at 03:59 AM..
actually no fault doesnt mean anything except your own insurance company will pay your lost wages and income up front until its determined who was at fault or how the insurance companies will pro-rate the accident between them.
they then send the culpable company the bill for the money they layed out on your behalf . it saves you the job of having to sue the person who's fault it is to get your medical and lost wages paid.
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