Can I practice in parking lots? Private property? Private roads? | GTAMotorcycle.com

Can I practice in parking lots? Private property? Private roads?

tsdexter

tsdexter

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Hi hoping someone might know a bit about the legality of practicing there..

I just bought the bike but I can't get insurance until I do the safety course and I transferred ownership without safety, due to needing new tires. So right now it's registered but with no plates or insurance and 'unfit' (not safetied)...

Can I practice in a parking lot still?

Also, I live In a condo subdivision, the city has not assumed the roads, they are private owned and maintained by the condo corp... Is it wise to practice up and down my street in first? Would I get fined if a cop came by?

thanks
 
Thanks for the help, I know I'd be responsible. I really just want to get into first gear feeling out the clutch, right now I'm stuck rocking back and forth in the garage to get the friction point..
 
If he's a tenant or resident, he pays condo fees and by proxy he's entitled to the use of any and all common areas. You may not be allowed to use an unplated or uninsured vehicle on the property though. You'd need to double check with the property manager.

To answer your question, the police can only fine you if summoned to the property by another tenant/resident/security/property manager
 
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Macs said:
If he's a tenant or resident, he pays condo fees and by proxy he's entitled to the use of any and all common areas. You may not be allowed to use an unplated or uninsured vehicle on the property though. You'd need to double check with the property manager.

To answer your question, the police can only fine you if summoned to the property by another tenant/resident/security/property manager
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Check the condo bylaws. There are usually restrictions as to how the property is used. Common ones are against unplated vehicles, unroadworthy vehicles, working on vehicles etc.

If the condo doesn't own the road the insurance could be an issue. If it results in a fine, future insurance will be very expensive. Cheap ride now, crazy expensive later.

Re accepting responsibility, If the OP can't put tires on a bike where's the money coming from to pay out if he puts a groove down the side of a Porsche?
 
ViperZ said:
You really want to experience your first ride on bold tires?
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I think you mean old? But I'm not really looking for my first ride, I'm looking to just get used to the clutch and actually go into gear instead of just rocking it in the garage so when I do go down and get the safety I can immediately go for a real ride instead of sitting around practicing in the lot first.

nobbie48 said:
If the OP can't put tires on a bike where's the money coming from to pay out if he puts a groove down the side of a Porsche?
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I can put tires on, just have to order them. The reason I transferred it before the safety was because I can't do the safety course for 2 weeks and it needed to be transferred to me within 6 days of purchase - I don't have time to go get the new tires within that time frame and it doesn't really matter since I can't ride it for 2 weeks.
 
I think the answer is no, unless its your own property.

If you don't know how to ride and have never ridden before I would wait till you do the safety course. They will teach you everything, you puttering around in 1st gear in a parking lot wont help you much without proper instruction.
 
The highway traffic act doesn't apply to private roads or parking lots. So, no insurance and no licence plate, and indeed no licence doesn't matter. (As long as you aren't breaking other laws, ie. under 16 operating an atv, drunk or what have you)

The trespass act has several clauses that apply here. First there is no physical barrier (ie. you didn't jump a fence), second a parking lot is considered "public space". Third, the property owner has to ask you to leave, and you have to be afforded the opportunity to leave unimpeded before a trespass charge can be laid. They can do so through a police officer, but they have to be the ones to ask the police to ask you to leave.

So, in the absence of all of the above provisions...any space you can drive or walk onto you are free to do whatever you want to do until someone asks you to leave.

You have every right to be there until the property owner asks to stop doing what you are doing and leave.

Remember though, don't be a dickhead to the cops if they ask you to leave...they have ways of making your life miserable in retribution.
The odds are you will have to drive your car or do something else where they can crucify you later.

If you are just out driving slowly trying out the clutch etc. odds are no one will care.
If they do and they ask you to leave, just say "no prob" and leave peacefully.
 
Spiider said:
The highway traffic act doesn't apply to private roads or parking lots. So, no insurance and no licence plate, and indeed no licence doesn't matter. (As long as you aren't breaking other laws, ie. under 16 operating an atv, drunk or what have you)

The trespass act has several clauses that apply here. First there is no physical barrier (ie. you didn't jump a fence), second a parking lot is considered "public space". Third, the property owner has to ask you to leave, and you have to be afforded the opportunity to leave unimpeded before a trespass charge can be laid. They can do so through a police officer, but they have to be the ones to ask the police to ask you to leave.

So, in the absence of all of the above provisions...any space you can drive or walk onto you are free to do whatever you want to do until someone asks you to leave.

You have every right to be there until the property owner asks to stop doing what you are doing and leave.

Remember though, don't be a dickhead to the cops if they ask you to leave...they have ways of making your life miserable in retribution.
The odds are you will have to drive your car or do something else where they can crucify you later.

If you are just out driving slowly trying out the clutch etc. odds are no one will care.
If they do and they ask you to leave, just say "no prob" and leave peacefully.
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Thanks Spiider.. So then, does this apply to the roads in my condo subdivision? They are not maintained by the city so I'm 99% positive they are privately owned and the highway traffic act doesn't apply..?

wonderings said:
I think the answer is no, unless its your own property.

If you don't know how to ride and have never ridden before I would wait till you do the safety course. They will teach you everything, you puttering around in 1st gear in a parking lot wont help you much without proper instruction.
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I have already taken a 3 hour intro course where we did ride around in first for about 1.5 hours so I'm not just going to go out there not knowing what I'm doing.. I know how to practice clutch control, driving and braking properly.
 
a parking lot isn't a public place.

Are you willing to get a door repainted/fix if you slip with the clutch and crash into a car?
 
Oh for F's sake just do it.
 
Spiider said:
The highway traffic act doesn't apply to private roads or parking lots. So, no insurance and no licence plate, and indeed no licence doesn't matter. (As long as you aren't breaking other laws, ie. under 16 operating an atv, drunk or what have you)

The trespass act has several clauses that apply here. First there is no physical barrier (ie. you didn't jump a fence), second a parking lot is considered "public space". Third, the property owner has to ask you to leave, and you have to be afforded the opportunity to leave unimpeded before a trespass charge can be laid. They can do so through a police officer, but they have to be the ones to ask the police to ask you to leave.

So, in the absence of all of the above provisions...any space you can drive or walk onto you are free to do whatever you want to do until someone asks you to leave.

You have every right to be there until the property owner asks to stop doing what you are doing and leave.

Remember though, don't be a dickhead to the cops if they ask you to leave...they have ways of making your life miserable in retribution.
The odds are you will have to drive your car or do something else where they can crucify you later.

If you are just out driving slowly trying out the clutch etc. odds are no one will care.
If they do and they ask you to leave, just say "no prob" and leave peacefully.
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The HTA may not apply but the Ontario Insurance Act does.

Depends on how you interpret the comments in a previous thread. http://www.gtamotorcycle.com/vbforum/showthread.php?130757-Paking-lot-practice-question

However I do agree with the last part. If you aren't aggressive and politely pack up when asked you are unlikely to have a problem in the parking lot. The unassumed roadway, not as sure. Liability if you scratch someone or med benefits for rehab of a broken arm, you're on your own.

Re the police showing up, it would more likely be at the request of another resident than management.
 
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RetroGrouch said:
Oh for F's sake just do it.
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Exactly, what a bunch of pussies...




Condo roads within your complex are no different than a parking lot.
As long as they have no street names, the condo pays for snow removal etc...that is your indication that they are not assumed roads. Actually in a condo situation where you are an owner even the cops can't tell you to pack it in. You own those roads! (Well you share ownership for the "lawyers" in the forums.)

The condo board would be the ones who have to deal with it...a month later at the next board meeting...send you a letter that you are not allowed to do so. Legally there is little they can do about it except send you a cease and desist notice, which you also do not necessarily have to comply with depending how much you want to be a pain in their ***.

Your home owners insurance also covers you for personal liability in this case as well, but my basic advice is to stay away from other people's property and limit your liability to a minimum. If you injure yourself or your own property no one cares except you.
 
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I hear ya guys, yeah, just do it.. but what I've found as of late, is that people aren't as concerned about what the law ACTUALLY says, but what the police would do.... We all know there is a clear line between the two. Get a nasty cop, and he might try and give you a ticket for trespassing (though no complaint of trespass might have been made) or they might even try and impound the bike for riding without a license or insurance, etc.

So, what the OP is doing, trying educate themselves on the subject, so that if there is an isssue, they at least have some legs to stand on.

To the OP, if the parking lot has no barriers, and there are no visible signs saying no trespassing, you should be able to ride around on the private property without issue. If the police show up, be prepared however to get the bike home by a means other than riding it (truck, tow etc) to avoid getting a ticket etc that way.
 
To the OP: unless I missed something in this thread....but why not take the weekend safety course, get insured and you'll be able to ride anywhere you want......and SAFELY ?
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