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One car park, one car! Is that legal?

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  1. #1

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    One car park, one car! Is that legal?

    Hi. I posted in the Tung CHUNG forum about the idea of sharing a car park for four motorcycles. Forum readers told me that you can only park one car in one private car park! Even if you own the car park!!

    I checked with management and it's true! Even if someone owns one car and one motorbike which could very easily fit in one car park, they have to buy or rent two different car parks! Pretty meaningless and sounds like a lousy rule to me. Apparently it's because of zoning reasons and it's a legal thing. My question: really?? How do I find out if his is actual a legal requirement? And does it apply for all of HK?

    I am just curious.


  2. #2

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    I remember we posted this on another thread. The answer hasn't changed.

    Yes, that is the rule. Land is not yours, end of story. You are buying the land with certain restrictions, and there are rules in place otherwise there would be no car parking spaces, maybe people would change them into living quarters if there were no restrictions.

    The land grant for private car park is private car, that's it. You can alternatively park a motor-tricycle in a private car park. Motorcycles park in motorcycle car parking spaces only.

    How do you find out that is the law, a simple Google search will tell you.


  3. #3

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    If you want space to park 4 motorcycles, then buy some private land with the proper land grant. You are welcome to do that. You could rent some land too.


  4. #4

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    Thanks MandM!

    Good answer! Just seems like a waste of space. Maybe they should grant usage to park vehicles so long as they comfortably fit in that space.Instead of restricting it to only car or one bike per car park.

    But I suppose it's not that big a problem for them to do anything about it!


  5. #5

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    We have tons of car parks in our building with 2 cars and or motorbikes. The car parks in our office buildings have multiple cars in each space.

    Really not sure about what MandM is going on about .... I've never seen any evidence of this.

    Happy to post 10s of photos if you need.

    (This is not public parking or parking run by a commercial company - private parking on privately owned car parks. In one of our industrial buildings, Wilson has obviously made arragements with a car dealer or collector - 10-12 cars in three slots).

    Here's the photo from our office car park:

    https://geoexpat.com/forum/333/threa...ml#post3443883


  6. #6

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    @shri,
    The thread is about parking different class vehicles in a parking spot that has a land grant restriction. Not everyone follows these rules, especially in older car parks. But to park 4 motorcycles in one car parking space, to park any motorcycle in a private car park space is against the rules. In a newer estate, such as that OP is referring to, they will follow the rules. I know of some estates with several motorbike car parking spaces vacant and still owned by the developer, it would be nice if a private car could park there, but it is against the DMC and the estates too new to be that shady yet. If there are ways around this, would be nice to know, but I highly doubt it.

    I also saw another thread somewhere that car parking spaces have a specific size requirement, and one private car parking space would not accommodate two cars, except maybe for two smart cars and I'm not sure that management would allow that.


  7. #7

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    (a) It is stipulated in the Road Traffic Ordinance (Cap 374) that a motor tricycle means a three-wheeled motor vehicle other than a motor cycle with a sidecar or a village vehicle. According to Section 5 of the Road Traffic (Parking) Regulations (Cap 374C), motor tricycles can, in general, use the parking spaces for vehicles other than medium and heavy goods vehicles, buses, motor cycles and pedal cycles, i.e. the parking spaces generally referred to as "private car parking spaces" (note). However, motor cycles should park at parking spaces designated for motor cycles. The Police have been taking enforcement actions in accordance with the law, and from time to time issue enforcement guidelines and advice to frontline police officers to ensure their full understanding and proper enforcement of the relevant legislation. This year, the Police provided their frontline police officers with advice on parking enforcement against motor tricycles and motor cycles in which particular emphasis was given on the structural differences between these two types of vehicles, with a view to helping the officers enforce the legislation properly.

    Note: Due to some special reasons, a small number of private car parking spaces are for use by private cars only. In other words, motor tricycles cannot park there. Such parking spaces are installed with the plate bearing the words "Private cars only" to facilitate identification by users. The parking spaces not designated for use by private cars only can be used by motor tricycles.

    http://www.info.gov.hk/gia/general/201012/08/P201012080119.htm


    "It is why the need for inspection of size is irrelevant when purchasing a car parking space property, becasue they are all standardised , 130 sq. ft. , approximately 7.8 ft x 16.6 ft !"

    http://www.parkinghk.com/en-US/experts-advice/Car-Park-Space-Size/


    Table 11 : Parking Standards

    (g) Dimensions for standard parking spaces and loading/unloading bays are as follows:
    Type of Parking Space
    Length
    (m)
    Width
    (m)
    Minimum Headroom
    (m)
    Private Cars and Taxis 5 2.5 2.4
    Light Goods Vehicles (LGV) 7 3.5 3.6
    Medium / Heavy Goods Vehicles (MGV/HGV) 11 3.5 4.7
    Container Vehicles 16 3.5 4.7
    Coaches and buses 12 3.5 3.8
    Light buses 8 3.0 3.3

  8. #8

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    (c) Investigations will be carried out by the BD upon receipt of reports on contraventions of the Ordinance in car parks within private buildings that have been issued occupation permits. If it is confirmed that there are unauthorised building works or change of use in the car parking spaces concerned, the BD will take follow-up actions according to the provisions of the Ordinance and the prevailing enforcement policy. If complaints or referrals regarding non-compliance of car parking spaces with the relevant lease conditions are received, LandsD will, after confirmation of the breach of such conditions, take appropriate lease enforcement actions.

    http://www.info.gov.hk/gia/general/201311/20/P201311200236.htm

  9. #9

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    Think it is the same scenario of those homes with illegal extensions. Some can be easily overlooked.


  10. #10

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    BUT .. those regulations are for public / metered car parks.

    Not read them all, but 1) I don't think they apply to private car parks (atleast a dozen+ car parks on our floor with both motorcycles & cars), 2) If they do, I have NEVER seen ANY enforcement on this issue by our management or by the men-in-black.

    Will investigate further...

    merchantms likes this.

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