Are you parking in front of an NYC driveway and risking a $115 parking fine?
What’s worse than getting a $115 parking ticket for blocking an NYC driveway?…Trying to exit your driveway, and having some inconsiderate driver blockade you in.
NYC driveway blocking is a dangerous activity, with both the blocker and blockee risking life and limb if caught in the act.
Here are 5 mistakes that spell disaster (and a $115 fine)
1. I only blocked the driveway a tad (wee bit, just a little)
- The opposition running back only broke the plane of the goal a tad
- My wife is just a wee bit pregnant
- I’m just a little late for my wedding
If the front bumper or rear bumper of your car crosses the plane of the driveway, you’re going to be issued a little parking ticket with a wee fine of $115. It doesn’t matter whether there was plenty of room for the owner of the driveway to exit, you are an evil driveway blocker. Stop it!
2. The driveway wasn’t active
All well and good, but that’s not the standard. Active, schmactive. The rule only permits parking in front of driveways:34 RCNY 4-08 (f)(2)]
This bears repeating:
- The driveway is rendered unusable due to the presence of a building
- Or another fixed object
- And is used for vehicles to enter and exit the property
3. But there was no garage
A driveway is:
There is no mention of a garage because it’s not required to qualify as a driveway. The driveway can end at the house, and it’s still a driveway. The tipping points are:
- Is the space used by vehicles to enter and exit the property?
- Is the driveway configuration legal? Does it comply with the law, rules, and regulations
For example, if the zoning laws do not permit parking a car on the lawn in front of the house, then a curb cut leading to the lawn is not a driveway.
The conundrum is that, if the homeowner, cops, or warriors disagree with your decision to blockade, you’ll be issued a parking ticket, and Captain Hook may pay a visit. Is it worth a $115 parking ticket, and a tow to test the accuracy of your interpretation of the rule?
4. I owned the 5-family house
Mazel Tov! I hope you’re making a bunch of money from your tenants. But, an owner cannot block his own driveway unless there are 2 or fewer dwelling units.
5. There used to be a retail store that has gone out of business about 8 years ago
You still can’t block the driveway.
“I work in a school in a residential neighborhood. Almost every house has a curb cut for a driveway that is either new or non-existent. These people turned their front yards into ‘driveways.’ ” Because of this, there are no spots left for me and my colleagues to park on the street. How do I know if the curb cut is legal?”
Boy, everyone’s got an angle.
The definition of ‘driveway’ provides us with some guidance. In my humble opinion, a curb cut that accesses a front lawn does not a driveway make. It may give easy access for a lawn mower, but not a motor vehicle.
If it was me, I’d park in front of that type of curb cut. If I got a parking ticket I’d fight it using the information in this blog post and some photographs showing the driveway scam.”
What do you think?
I published a blog post about driveways in March 2013, that attracted hordes of readers, and a multitude of comments. You may wish to check it out. The comments were fascinating.
Did you know that you can report a driveway blockade on 311? Here’s where you send your complaint.
I revisited my reply to Erica. If asked today, I wouldn’t block the space and risk a parking ticket, tow, and confrontation with the property owner.
Bottom line, why risk a parking ticket, tow, or hand-to-face combat over a parking space? Don’t stand or park in front of what appears to be a driveway. Live to park another day.
This is a call to action…In our last blog post, there were many super questions about how to resolve a myriad driveway conflicts. I would love to hear from our friends who successfully resolved driveway conflicts, or received helpful assistance from the cops or warriors in removing the squatter from the driveway blockade.
Let’s help each other. Your ideas and experiences count!
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