Traffic Safety Act Exemption for Angle Parking in Cul-de-Sacs
IT IS THEREFORE RESOLVED THAT Alberta Municipalities advocate for the Government of Alberta to amend the Traffic Safety Act and Use of Highway and Rules of the Road Regulation, Division 10, section 46(2) to allow for angle parking in cul-de-sacs in municipalities that pass bylaws allowing this practice.
WHEREAS all municipalities, towns villages are required to follow the Traffic Safety Act and Use of Highway and Rules of the Road Regulation (UHRRR), Division 10, section 46(2);
WHEREAS the Use of Highway and Rules of the Road Regulation, Division 10, Parking and Stationary Vehicles, section 46(2) does not allow for angled parking in cul-de-sacs;
WHEREAS in many cities, towns and villages cul-de-sacs are a popular residential configuration and the vast majority of municipalities do not enforce this section of the Traffic Safety Act’s UHRRR;
WHEREAS a few municipalities have spent a considerable amount of time and resources to develop processes that allow for their residents to angle park in cul-de-sacs within the confines of the Traffic Safety Act and UHRRR; and
WHEREAS the Traffic Safety Act and UHRRR were not developed with cul-de sacs in mind and therefore do not conform with the vast majority of community and enforcement practices.
Traffic Safety Act, Use of Highway and Rules of the Road Regulation Excerpt:
Traffic Safety Act, Use of Highway and Rules of the Road Regulation
Division 10, Parking and Stationary Vehicles, Section 46 (2), Angle Parking states the following:
a) A sign indicates that angle parking is permitted or required, and
b) No parking guide lines are visible on the roadway, a person may only park a vehicle with the vehicle’s sides at an angle of between 30 and 60 degrees to the curb or edge of the roadway and
c) In the case of a vehicle, other than a motorcycle, with one front wheel not more than 500 millimeters from the curb or edge of the roadway…”
The Traffic Safety Act was developed to ensure all Albertans are governed by one standard when it comes to traffic safety on Alberta roads. It is an effective tool that all Police Officers, Sheriffs and many Community Peace Officer Level 1’s can use to ensure a standard and consistent approach to enforcement.
Despite the importance of a standard approach to traffic safety the regulations regarding angle parking do not allow municipalities to reasonably apply the principle in cul-de-sacs. Several municipalities, examples listed below, have spent a considerable amount of time and resources to implement procedures through a permitting process to ensure they follow the regulations as set out in the Traffic Safety Act.
Many Alberta communities continue to take the approach of ignoring the issue or managing it on a complaint basis in an effort to not appear heavy handed in their approach to enforcement as many residents have been parking “nose in” or at an angle for years in front of their residences in cul-de sacs.
This resolution calls on the Government of Alberta to change the Traffic Safety Act and accompanying Use of Highway and Rules of the Road Regulation to allow for angle parking in cul-de-sacs as long as the vehicle is not causing an obstruction or a hazard. Municipalities may need to introduce or amend existing bylaws to accommodate garbage, recycling and organics collection.
Current Municipal Practices
The City of Calgary has implemented a lengthy process to address the need for angle parking in cul-de-sacs. Each cul-de-sac is unique. Before The City of Calgary can authorize cul-de-sac angle parking at a particular location, it must be determined if:
- Minimum clearance for emergency responders to operate will be maintained;
- Minimum clearance for the safe and efficient collection of waste will be maintained;
- The number of available on-street parking spots will increase or stay the same; and
- The location in question is a residential cul-de-sac, not an elbow or corner.
Waste and recycling pick-up, as well as access and maneuverability for large vehicles may still be impacted in locations where angle parking is approved. Delivery trucks, Calgary Transit, and Emergency Services still require access.
Calgary charges a non-refundable $70 administrative fee to start the process and the average estimated fee to residents in the cul-de-sac for installation is $2300.00. Despite having developed this lengthy process to accommodate angle parking in cul-de-sacs, residents in Calgary continue to angle park in cul-de-sacs without going through this process.
Angle parking is not permitted in cul-de-sacs with less than a 15-meter radius as there is insufficient road space for vehicles to turn around. Guidelines have been established that permit angle parking for residents who live in a 15 meter or greater radius cul-de-sac. Residents must complete a petition with majority agreement. If the petition meets established guidelines, angle parking signs are installed, and angle parking is then required.
The City of Medicine Hat has in Alberta has instituted a bylaw that allows for cul-de sac parking except on waste and recycling days. In essence, this becomes a policy and not the rule of law as a municipal bylaw cannot supersede a provincial Act.
The government response to this resolution indicated that this issue could be addressed in a future legislative review.
As the provincial government indicated they would be open to including this issue in a forthcoming legislative, Alberta Municipalities will raise this issue with Alberta Transportation following the 2023 provincial election.