On October 16, 2018, the Fairfax County Board of Supervisors approved changes to the Fairfax County Code that affect the ability of organizations to park company-owned vehicles on public roadways in Fairfax County.
These approved changes to Section 82-1-19 of Fairfax County Code prohibit the parking of “fleet vehicles” on public Virginia Department of Transportation (VDOT) maintained roadways while the vehicles are not in use.
For Businesses - 3 Key Things to Know
- Fleet vehicles, for this purpose, are defined as “…any vehicles and/or trailers, greater than one, that are controlled, owned or leased by a single company and are used in the normal business operations of that company.” This definition includes fleets of revolving inventory, and vehicles that are available for rent or lease to individuals or businesses.
- The restriction would not apply to a single company vehicle that is assigned to an individual employee as a take home vehicle. Tradesmen and other employees who normally take a company vehicle home each day would be allowed to park that vehicle on a public street near their homes, provided the vehicle is otherwise legally parked.
- The restriction would not apply to vehicles registered to individual employees that are used in the normal course of business. The restrictions would also not apply to any commercial vehicles when picking up or discharging passengers; when making a pickup or delivery of merchandise; or when temporarily parked while employees perform work or deliver service at a location, if parking of the fleet vehicle does not obstruct traffic.
- It’s not always easy to determine if a street is a public street that is maintained by VDOT, or a private street owned by a business or another private entity. To check your street - or any street - in Fairfax County, please visit the Fairfax County Road Maintenance Map.
Frequently Asked Questions
- Why is Fairfax County doing this?
- In 2013, the Board of Supervisors asked FCDOT to review and update the County’s parking ordinances. In response, FCDOT worked with other County agencies to identify key county-wide parking issues. Two key issues identified were overnight parking in commercial zones, and fleets of rental vehicles parking in public rights-of way. To address these two key issues, FCDOT developed the proposed restrictions. FCDOT staff presented these revisions to the Board of Supervisors at their December 12, 2017 Board Transportation Committee meeting. Video of that discussion is available here at the 1:15:55 mark: http://video.fairfaxcounty.gov/MediaPlayer.php?view_id=9&clip_id=919
- How does this Code revision work in relation to the current law that prevents commercial vehicles from parking in residential neighborhoods?
- Many fleet vehicles are not considered commercial vehicles, and may legally park on public right-of-way in a residential zone. Vehicles that meet the criteria of commercial under Section 82-5-7 of Fairfax County Code based on size and weight are prohibited from parking in residential zones. Vehicles that exceed the following size and/or weight limits are considered commercial: More than 21 feet long, more than 8 feet high including appurtenances such as ladder racks, more than 102 inches wide, or gross vehicle weight of 12,000 lbs. or more. Section 82-5-7 of Fairfax County Code includes additional provisions related to commercial vehicles, and it can be found here: https://library.municode.com/va/fairfax_county/codes/code_of_ordinances?nodeId=THCOCOFAVI1976_CH82MOVETR_ART5STSTPA_S82-5-7PACOVEREDI
- Will this apply to public safety, federal, state and county vehicles?
- No. Government vehicles (such as unmarked police vehicles, school buses, etc.,) are not included in the definition of fleet vehicle. Vehicles owned by Fairfax County are generally parked at a County facility when not in use, and are not stored on public rights-of-way when the County is closed for business. A limited number of County vehicles are designated for take home use, and employees responsible for those vehicles may park them on public roads near their homes.
- How will the county determine whether a vehicle is currently in use or not?
- Parking Enforcement will investigate suspected fleet violations to determine if the vehicle is currently in use, or if it is being stored on public right-of-way. If they find more than one vehicle registered to the same company parked on public right-of-way when the business is closed (overnight, weekends, holidays), that would likely be considered a violation under the revised code.
- Would this prohibit a person from parking a rental car on a public street?
- No. If a car has been rented, it is considered to be in use and not subject to fleet restrictions. However, if a car rental company parks two or more of their rental cars that are not currently rented and in use on a public street, that would be prohibited under the revised Code.
- Did Virginia Department of Transportation (VDOT) approve this?
- Localities in Virginia are authorized under VA Code 46.2-1220 to regulate, by ordinance, parking on VDOT maintained roadways. Because of this authorization, VDOT does not need to approve parking restrictions implemented by the County.