What Is “Trespassing by Motor Vehicle”?
By Rick McCann
Blue RAM Media/Gulf Coast News
August 5, 2025
BALDWIN COUNTY, Ala. Have you ever parked your car someplace that you weren’t supposed to?
Maybe you were late for work or in a hurry to get to an appointment, and there was no parking available at your destination, so you left your vehicle in the parking lot of another business.
When you came back to get your vehicle, it was gone. It had already been towed from the property by a towing company that had been called by the property owner or manager.
It happens more than one might imagine. According to some statistics, millions of vehicles are towed for illegally parking on somebody else’s property.
And that does not even include the millions of other vehicles towed by law enforcement off public highways and streets for violating parking rules or walking away and abandoning their vehicle.
When you park unauthorized on private property, the penalty is greater than if you were to receive a parking ticket for an expired meter.
Nationwide, in city after city, there are local and state laws that make parking your vehicle on private property after being told not to a criminal offense. Yes, you can be issued a criminal citation or physically taken to jail.
In essence, when you parked your car, you trespassed when you entered the property, thereby trespassing after notice not to.
In Alabama, criminal trespass by motor vehicle is defined under the Alabama Code § 13A-7-4.1. It occurs when a person parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area on privately owned property, which is provided by a merchant, a group of merchants, or a shopping center or other similar facility provided for customers. The parking area must be identified by at least one sign stating “Entry restricted to our tenants, their customers, employees, and guests. Remaining after proper use is prohibited.” Violators may be charged by law enforcement with trespassing. The penalties for criminal trespass by motor vehicles are as follows:
First offense: Not to exceed $50.00 in fines.
Second offense: Not to exceed $100.00 in fines.
Third or subsequent offenses: Not to exceed $150.00 in fines.
This law is designed to protect the rights of property owners and maintain public safety by establishing clear boundaries for the use of private property.
The owner may be cited and have their vehicle towed.
Nationwide in high-density areas, parking comes at a premium, and space has disappeared with properties being used for commercial and residential development.
A wise man once said, “look before you leap” and that applies to parking on someone else’s property also.
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