Parking or Stopping Prohibited

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-21-4 (places where parking or stopping prohibited). Defendant’s vehicle was parked for one to two minutes in an area designated exclusively for shuttle buses. Defendant argued that the trial judge erred by finding that the exemption in § 31-21-4(b)(2) did not apply. § 31-21-4(b)(2) provides that vehicles “that are momentarily stopped, standing, or parked to admit or discharge passengers” are exempt from the parking prohibition set forth in § 31-21-4. The Appeals Panel agreed with the trial judge that the word “momentarily” means something that is done in an instant. As such, the Appeals panel held that the § 31-21-4(b)(2) exemption did not apply to Defendant because the one to two minutes that his vehicle was parked exceeded a momentary stop. Accordingly, the Appeals Panel affirmed the decision of the trial judge.

State of Rhode Island v. Michael Kelly, No. T17-0023 (July 26, 2018).pdf