Mich. Comp. Laws » Michigan Compiled Laws / Chapter 257 / Act 300 of 1949
Michigan Compiled Laws

Mich. Comp. Laws § 257.38 (2026)

“Parking” defined.

✓ current as of July 2026
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MICHIGAN VEHICLE CODE


Act 300 of 1949


257.38 “Parking” defined.

Sec. 38.

    "Parking" means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.

History: 1949, Act 300, Eff. Sept. 23, 1949

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1955–2026 · leading case: Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018).
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Tamara Woodring v. Phoenix Ins. Co., 923 N.W.2d 607 (Mich. Ct. App. 2018). · cites it 4× “This Court subsequently applied the definition of “parking” found in MCL 257.38 of the Motor Vehicle Code, which defines it as “standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
Kudek v. Detroit Auto. Inter-Ins. Exch., 300 N.W.2d 350 (Mich. Ct. App. 1980). · cites it 4× “” MCL 257.38; MSA 9.1838. From this definition plaintiff contends that (1) because the truck was not on a highway, but rather in decedent’s shop, it was not "parked” and (2), in any event, the vehicle was not parked because necessary repairs were being made.”
Poe v. City of Detroit, 446 N.W.2d 523 (Mich. Ct. App. 1989). “” MCL 257.38; MSA 9.1838. 2 Unlike the statute, the Detroit ordinance to be discussed infra defines the word "stopping” in § 55-1-1.”
AMY v. MIC Gen. Ins., 670 N.W.2d 228 (Mich. Ct. App. 2003). “MCL 257.38 provides that “[p]arking means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
Bensinger v. Happyland Shows, Inc, 205 N.W.2d 919 (Mich. Ct. App. 1973). · cites it 2× “” Parking is defined in MCLA 257.38; MSA 9.1838 as follows: " 'Parking’ means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
United S. Assurance Co. v. Aetna Life & Cas. Ins., 474 N.W.2d 131 (Mich. Ct. App. 1991). “13123(l)(a), the trial court applied the definition of "parking” found in § 38 of the Vehicle Code, MCL 257.38; MSA 9.1838. The trial court also ruled that the truck was parked so as not to cause an unreasonable risk of the damage which occurred at the time of the accident.”
Miller v. Auto-Owners Ins., 284 N.W.2d 525 (Mich. Ct. App. 1979). “1 See also MCL 257.38; MSA 9.1838: " 'Parking’ means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
Tracy v. Rublein, 70 N.W.2d 819 (Mich. 1955). “” While unloading the truck on the highway may not have been a violation of the parking and stopping statute and thus negligence per se, see CLS 1954, §257.38 (Stat Ann 1952 Rev § 9.1838), the testimony given presented a question of fact as to whether or not it would have been…”
Katrina White v. Domenico Pace (Mich. Ct. App. 2025). · cites it 6× “The Michigan Vehicle Code, MCL 257.1 et seq., defines “parking” as “standing[1] a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
Tamara Woodring v. Phoenix Ins. Co. (Mich. Ct. App. 2018). · cites it 2× “This Court subsequently applied the definition of “parking” found in MCL 257.38 of the Motor Vehicle Code, which defines it as “standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
People of Michigan v. Gerry Kenneth Adams Jr (Mich. Ct. App. 2026). · cites it 2× “” MCL 257.38. Similarly, pursuant to the Ironwood Code of Ordinances, “[a] vehicle shall not be parked, except if necessary to avoid conflict with other traffic or in compliance with the law or the directions of a public safety officer or traffic-control device, in any of the…”
Clark v. Canfield, 169 N.W.2d 186 (Mich. Ct. App. 1969). “1820), and then giving the statutory definition of parking, CLS 1961, § 257.38 (Stat Ann 1968 Rev § 9.1838) as follows: “ ‘Parking’ means standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.”
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