Shopping center car parks are often seen as “private” spaces, which leads many drivers to believe that the rules of the Highway Code do not apply. In Portugal, whenever these parks are open to the public, the Highway Code (CE) applies and infractions can give rise to fines.
The legal framework begins in article 1 of the EC, which defines all roads in the private domain that are open to public traffic as roads equivalent to public roads. This is exactly the case with most car parks in shopping centers, supermarkets and large supermarkets.
Furthermore, article 2 establishes that its rules apply not only to public roads, but also to roads in the private domain open to public traffic, in everything that is not specifically regulated by specific legislation, according to the portal specializing in road training Road Safety.
Who can inspect these spaces
Under article 170 of the EC and complementary legislation, monitoring compliance with road regulations is the responsibility of the security forces. Thus, the PSP, the GNR and the Municipal Police can inspect shopping center car parks whenever they are open to the public, says the same source.
In terms of parking, especially in spaces under municipal jurisdiction, inspection/fines are carried out by the competent authorities.
What this means in practice
Whenever a car park allows free access to any driver, the traffic rules are the same as those on the road. Vertical and horizontal signage must be respected, as well as traffic directions, priority rules and all regulations relating to stopping and parking.
Ignoring a stop sign, driving the wrong way or parking in a prohibited place within a park open to the public constitutes a road infraction provided for in the EC, just as if it occurred on a public road.
Improper parking is also a legal offense
Article 48 of the EC establishes general stopping/parking rules and includes a duty to park in designated spaces, where these exist. Article 50 identifies prohibited parking situations, such as preventing circulation, blocking access, ramps, exits or occupying pedestrian crossings. Article 49 talks about prohibition of stopping or parking.
Parking in reserved spaces, when properly signposted, is also prohibited under the EC, according to the same source. In the specific case of seats intended for people with reduced mobility, misuse is punishable when the vehicle does not display the respective legal badge, with fines ranging between 60 and 300 euros, along with loss of points on the driving license and disqualification from driving, according to the Automóvel Club de Portugal (ACP).
Circulation and priorities within parks
The priority rules provided for in article 30 of the EC also apply within car parks open to the public. This includes respecting priority signs, giving way and stop signs. However, within parks and parking areas there are specific articles, such as article 70, which deals with general rules and provides for reserved spaces, including for vehicles that transport people with disabilities. Article 71 deals with prohibited parking in parks and parking areas, with fines provided.
Driving the wrong way or ignoring internal signs can result in fines and, in some cases, the loss of points on your driving license, if the infraction is classified in this way.
Vehicle locking and towing
The EC also provides, in its articles relating to the immobilization and removal of vehicles, for blocking or towing whenever the vehicle is parked improperly, constitutes a safety hazard or causes serious disruption to traffic, situations that are common in very congested parks.
Internal rules do not replace the Highway Code
Some parks impose their own rules, such as time limits or mandatory ticket validation. Failure to comply with these rules may result in additional charges or contractual penalties, but this is different from a road fine.
The CE fine only exists when there is an infraction legally foreseen and supervised by a competent entity, in accordance with .
In simple terms, the law leaves no room for doubt: if the shopping center’s parking lot is open to the public, driving and parking there implies complying with the EC.
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