The #1 Reason to ignore Larry’s Advice about NYC Parking Tickets!

What's the difference between no standing and no parkingBecause NYC needs the shekels

The economic state of the union sucks. New York City is on life support, and “middle class” is  an oxymoron. So, what can you do to help? According to Mayor Bloomberg, don’t learn the parking rules and continue to pay your parking tickets, “no questions asked.” And,  ignore the difference between a no standing zone and a no parking zone.

Our NYC parking ticket quickie quizzes reveal…

Many members of the NYC driving community still misfire when it comes understanding the differences between no standing and no parking zones. Knowledge is your weapon of choice to fight the Evil Empire.

One of the questions asked in last weeks poll was:

“You are permitted to stop temporarily in a “No Standing” zone to drop-off or pick-up a passenger.” True or False?

The correct answer is True. 53% got it right. The big but is 47% of all respondents got it wrong!

I was asked by our great “Traffic Ticket” expert attorney friend Matt Weiss…

To reply to a question on his traffic ticket blog about “parking” in a handicap space while waiting for a passenger to finish her shopping in a pharmacy. I think the question and my reply may be helpful to youse guys.

Dana D. says:

June 6, 2012 at 9:28 am

Hi,
I was in a parking lot at the local pharmacy and while waiting for someone to come out of the store. I pulled into a handicap spot but did not shut off my engine or take off my seatbelt. An officer pulled up behind my car and blocked me in. He got out and told me I was in a handicap spot, I told him I was waiting for someone to come out, that’s why my car is still running. I apologized and said I would move immediately. He got nasty and wrote me a ticket. Since my car was still running, would I be considered as someone who was “parked” in a handicap spot? Can I fight this ticket?

Larry’s reply:

Dana,

Good morning.
Great questions.

First, the only “real life” difference between stopping, standing, and parking are the activities a member of the driving community can perform in each zone. For example, you can stop temporarily to drop-off or pick-up a passenger in a no standing zone, but you cannot drop-off or pick-up property. In a no parking zone, you can drop-off or pick up a passenger and property. If you stop in a no stopping zone, simply hand your wallet full of money to the parking ticket warrior.

Second, an off street parking space designated for use by a handicapped person with a permit, is a NO PARKING zone. Therefore, you can stop temporarily to drop-off or pick-up a person and property in a handicap parking space because it is considered a NO PARKING zone. The big but is….You can never wait for a passenger to finish his/her business in a store (no matter how fast the person is).

Waiting in a no parking or no standing zone is not permitted by the rules, even if you are behind the wheel with the motor running, and seat belt engaged. In other words, you can’t stake out a parking space, wait for your daughter to finish her piano lessons, and read the op ed section of the NY Times. Barnes and Noble is a better choice.

Here are some definitions that may be helpful. In the wacky world of NYC parking tickets:

Stopping means-”…any halting, even momentarily of a vehicle, whether occupied or not.”
Standing means-”…the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
Parking means-”…the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.”

Temporarily means two minutes or less.

I suggest you check the front of your parking ticket for mistakes. If a “required element” is omitted, misdescribed, or illegible you win upon application. A required element is a bite size bit of data that must be entered by a parking ticket warrior to establish a prima facie case against you. For example, the Make, Expiration Date, Body Type, Plate Type, Place of Occurrence, Plate Number, State of Registry, Time of Violation, etc are required elements.

However, the VIN #, color, or year of your buggy are not required elements.

Good luck, Dana D

Commentary

I urge you, beseech you, bewitch bother and bewilder you, to disregard the Mayor’s advice and learn the difference between no standing and no parking. And, never, ever pay a NYC parking ticket “no questions asked.” When you’re right-FIGHT.

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