Does Joe have to Cap His Passenger Pickup Truck to Park in NYC?

Last Updated on September 23, 2021 by Lawrence Berezin

Joe did not cap his passenger pickup truck

To cap or not to cap a passenger pick-up truck? Joe parked his passenger pickup truck with an unladen weight of fewer than 5,500 pounds in Queens. In other words, his bed was not enclosed by a cap.

When Joe returned, he was greeted by not one but two NYC parking tickets:

• Improper registration [4-08 (j)(1)], and;
• Parking of unaltered commercial vehicle [4-08(k)(1)]

Does this off-Broadway show sound familiar?

New York City passenger pickup truck parking rules

4-08 (j)(1) provides:

“No person shall stand or park a vehicle bearing a NY license plate of plates unless it is properly registered under the laws and rules of the state of NY.”

4-08(k)(1) provides:

“No person shall stand or park a vehicle with commercial plates in any location unless it has been permanently altered with all seats and rear seat fittings, except the front seats, removed except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered, and has the name and address of the owner as shown on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than three inches in height, in compliance with section 10-127 of the Administrative Code and is also in compliance with paragraph (i) of the definition of commercial vehicle as outlined in Section 4-01 of these rules.”

Here’s a free, helpful checklist for pick-up truck owners published by the NY DMV (no email address required to download)

The parking ticket conundrum

If I register my pickup truck with an unladen weight of 5,500 pounds or less as a passenger vehicle, do I have to cap it?

In my humble opinion, NO. That is to say; you do not have to cap the bed of a passenger pickup truck:

• With an unladen weight of 5,500 pounds or less
• Used exclusively for non-commercial purposes
• With no advertisement on the sides of the vehicle.

Commercial pickup truck

Commentary

There is absolutely nothing, nada, zilch, zippo in the rules stating you must cap the bed of a passenger pickup truck with an unladen weight of 5,500 pounds or less. Most importantly, you can park it safely in NYC.

On the other hand, if your pick-up truck is registered in NYC and bears commercial plates, you are not required to cap the bed.

However, if your pick-up truck is registered out-of-state and bears commercial or equivalent registration plates, your vehicle will NOT be deemed a truck or commercial vehicle unless it is permanently altered and marked as required in 4-08(1) “Definitions of Commercial vehicles.”

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