Is Jack’s pick up truck a commercial or a passenger vehicle?
Jack, a great friend of New York Parking Ticket, recently posted a very thoughtful comment on Larry’s Blog about a challenge he faced parking his pick up truck overnight in a residential neighborhood. (Can you feel Jack’s pain?). The problem was that Jack’s pick up truck:
- Weighed in excess of 5,500 pounds
- Was not capped
- Was unaltered
- Had commercial plates
Jack’s contention was that since his pick-up truck was unaltered, it was not a commercial vehicle pursuant to the NYC Rules for Stopping, Standing, and Parking. The parking ticket warrior that issued a parking ticket for “overnight parking” replied that if the vehicle bears commercial plates, it is a commercial vehicle (and cannot park overnight on a street in a residential neighborhood).
Please help Jack and take the following poll…
NYC parking rules versus DMV regulations
It is essential to separate the New York City Traffic Rules from the New York State Department of Motor Vehicle regulations for registering a pick up truck to figure out the answer to Jack’s parking ticket conundrum. I’ll summarize…In order for a pick up truck to qualify as a commercial vehicle under the NYC Traffic Rules, it must be altered. If it is not altered, it cannot legally be issued a parking ticket for parking a commercial vehicle overnight in a residential neighborhood because it is not a commercial vehicle.
On the other hand, if a pick up truck weighing in excess of 5,500 pounds with an uncapped bed is registered as a passenger vehicle, and parks on a NYC street, it can be issued a parking ticket for improper registration because the owner violated the DMV regulations that is incorporated in the NYC parking violation.
Furthermore, if an unaltered pick up truck weighing in excess of 5,500 pounds is properly registered as a commercial vehicle, it can still be issued a parking ticket for unaltered commercial vehicle because a pick up truck bearing commercial plates must be altered.
I’ve written several blog articles about how to figure out whether a pick up truck should be registered as a commercial or passenger vehicle, and the ramifications of guessing wrong while parking in NYC. My analysis is a bit more complex than if it walks like a duck, quacks like a duck, and looks like a duck…Well, it must be a duck. However, it behooves the pick up driving community to learn the difference.
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