Home » Blog » 3 Myths Debunked about the 5 Minute Grace Period

New York Parking Ticket

"When you're right- Fight"

3 Myths Debunked about the 5 Minute Grace Period

by 26 Comments

 This image of a tooth fairy represents myths like the correct application of the 5-minute grace period

5 minute grace period parking ticket conundrums

Joe called the other day and asked a great question. Does the 5 minute grace period apply to the beginning or the end of a rule change? For example:

  • Let’s say that an alternate side parking rule prohibits parking from 8:30 a.m. until 11:00 a.m., does Joe have until 8:36 a.m. or 11:06 a.m. to move his car?
  • How about this scenario? Joe parks his chariot in a muni-meter zone and pays for parking time until 3:00 p.m. Does Joe have until 3: 06 p.m. to move his chariot?
  • Here’s another query. Joe parks his car at 9:00 a.m. in a parking space regulated by a parking sign prohibiting parking from 10:00 a.m. until 2:00 p.m. Does Joe have until 10:06 a.m. or 2:06 p.m. to move his car?

How to apply the 5 minute grace period to ASP

  • The 5 minute grace period applies to the beginning of the ASP rule. Joe is given 5 NYC minutes to add to 8:30 a.m. starting time. A parking ticket warrior is prohibited from issuing a parking ticket until 8:36 a.m.

Myth #1 debunked!

How to apply the grace period rule to parking in a muni-meter zone

  • The 5-minute grace period is added to the end of Joe’s parking time in a muni-meter zone. Joe is granted 5 minutes after the expiration of the time on his muni-meter receipt to dash back to his chariot and skedaddle. A parking ticket warrior is prohibited from issuing a parking ticket until 3:06 p.m.
  • The 5-minute grace period is a defense to a failure to display muni-meter receipt parking violation (VC38) if the start time on your muni-meter receipt is within 5-minutes of the “time of offense” entered on the parking ticket

Myth #2 debunked!

How to apply the grace period rule to parking signs with specific hour limits

The 5 minute grace period is added to the beginning of a rule change on a parking sign with specific hour limits. Joe parked his car legally at 9:00 a.m. (prior to the rule change at 10:00 a.m.). At 10:00 a.m. Joe’s parking space turned into a deadly expensive parking space. Thanks to the generosity of Mayor Bloomberg and the NYC DOF, Joe has 5 minutes past the time his parking space morphed into the killing fields to move his car.

A parking ticket warrior is prohibited from issuing a parking ticket until 10:06 a.m.

New York City Administrative Code(NEW)

§ 19-213. Grace period. a. For the purposes of this section, the term “muni-meter receipt” shall mean the receipt showing the amount of parking time purchased that is dispensed by an electronic parking meter and must be displayed in a conspicuous place on a vehicle’s dashboard. b. No notice of violation shall be issued for allegedly parking in excess of the allotted time displayed on a muni-meter receipt or longer than the time period allowed by a sign posted by the department until five minutes after the time that such a violation occurs (emphasis added).

Myth #3 debunked!

Commentary

The NYC Council enacted wonderful legislation, overriding the veto of Mayor Bloomberg, creating a breath of fresh air between the beginning of a parking rule with specific time limits, the end of the time on your muni-meter receipt, and issuing an NYC parking ticket.

Follow me

Lawrence Berezin

Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets
Follow me

Latest posts by Lawrence Berezin (see all)

Opt In Image
A Valuable Guide to the 5-Minute Grace Period
Learn how to apply the 5-minute grace period law

The wonderful 5-Minute Grace Period Law applies to a lot more than alternate side parking rules. However, how to correctly apply the rule can be confusing.

  • Do you apply it to the beginning or the end of the rule change?
  • How much time do you have to purchase time on a muni-meter?
  • When does the 5-minutes start?

This money-saving cheat sheet answers these questions and more...

I want to learn how to apply this law
Tweet
Pin
Share9
9 Shares

Larry says:

If you found this article helpful, how 'bout sharing it with your friends.

Comments

  1. as I have understood your article, if in an alternate side parking situation, where the posted sign says no parking from 11:30am-1:00pm, a 11:35 stamped ticket is “invalid” under the grace period.

    If that is correct, how would I go about disputing this ticket? Is there wordage or a specific reference one must make?

    Reply

    • Dear AC,
      Good morning.
      I’m really surprised that a parking ticket was issued 11:35. The handheld computers are programmed to issue these ASP tickets on the 6th minute or 11:36.

      Great catch.

      I fight most of our passenger vehicle tickets online. I would plead not guilty because the parking ticket was issued before the expiration of the 5-minute grace period. I would add a statement about the start and stop time of the rule (which I trust is entered correctly on the parking ticket, i.e. 11:30 start time).

      If the start time is wrong, you’ve got to prove the start time independently in order to show the ticket was issued too soon.

      Good luck.
      Regards,
      Larry

      Reply

      • Lucky for me then, it was a handwritten ticket and the effective allowed parking time is filled out on the ticket.

        Reply

      • Hi, just got a ticket here in Jamaica, Queens NY. The NY parking authority gave me a ticket while my buddy is buying the ticket. It has a 5 minutes exact to the time my friend got back from the muni meter, and it says on the ticket. Is this the same 5 minute grace period that you are talking about.
        Thanks
        Andre

        Reply

  2. Larry:
    I got a ticket for a “stop and drop” in front of my apartment a 4-08(f)(1) for double parking. I did not leave the vehicle, but waived to the doorman to bring out my cat (in her carrier) and the laundry. I opened the side door and trunk door, and the sneaky cop was writing a ticket. I said I didn’t leave the vehicle and he said too bad.
    I went down to the Finance Court and pled not guilty, but was found guilty. I filed an appeal. How do I win the appeal? Are there specific defenses now that i have been found guilty? 2 mistakes on the ticket – wrong address (he wrote down the next door address) and “no driver/no visible summons”. What is that about? Did he think I was a commercial vehicle? Can you help?
    Many thanks
    Robert Radway

    Reply

    • Dear Robert,
      Good evening.
      Sorry about your painful experience in Parking Ticket Land.
      Your burden of proof on appeal is to persuade an appeals panel that the original judge
      made a mistake of law or fact based upon the evidence submitted to the original
      judge. You are not permitted to submit new evidence.

      The majority opinion is that double parking is always illegal for passenger cars.
      So you’re in a tough fight to begin with (I’m with the minority view that you can
      stop temporarily to drop off or pick up a passenger, and leave immediately in a double
      parking zone). Even under the minority view, you can’t wait for a “delivery” to your car while double parking.

      It is very difficult to prove that the address was wrong. But, whatever proof you had was required to be submitted at your original hearing.
      The false testimony that there was “no driver” present didn’t help things. But, had to be refuted during the original hearing (tough to do).

      Kudos for taking your best shot. But, sadly, I don’t have any winning suggestions under the facts
      you described.

      Regards,
      Larry
      Best,
      Larry

      Reply

  3. so this means that the 5 min grace period goes for the beginning of the ASP not the end..let say if the asp is from 9:30-11 am you can get a ticket at 10:55pm ?

    Reply

      • Its 10:55 am, but it that correct? It should also be a 5 min grace period for the end of the time, as well as beginning? They cant give you a ticket until 9:36am, but they shouldnt be allowed to give you a ticket at 10:55am either, especially if one is in the car waiting and it is difficult to prove to these pieces of garbage, that one was in the car.

        Reply

  4. I followed your rule on a Bus Stop which you state is treat like a No Standing. My defense was that I was taking my grandmother to the doctor and had to asst her out the car so I could go find parking. As I was helping out the car to her ro walker I received a ticket. I had my disability parking permit in the window, car was running, door was open, still got a ticket and the judge wrote back that I did not do it “expeditiously” and found me guilty. Is he serious? I was dropping off a passenger. I didn’t even leave my car and I did this in less than a minute.

    I followed your other rule on registration. I paid on time, did what I had to do, but my registration came to me late in the mail. To my luck, it arrived the day my temporary expired, so of course I got a ticket. That morning I got a “failure to display”. I placed the registration on the window that morning as I couldn’t peel it off, and drive to the hardware store to buy something to remove it and guess what? I get smack with a second ticket. I actually catch the agent in the middle of scanning me and she just wants to give me a ticket now. She sees the temporary reg, the reg, the a.m. ticket, and says “oh you got the wrong ticket”…you’re suppose to get “display on the wrong side’ or something or the other. Aka meet her quota.

    I tried to fight the first one. I was rejected. The judge told me pretty much “so what”. I don’t think this is fair. I did my part. Please help. I’m going through a terrible housing court health situation in my apartment and I cannot afford any additional costs.

    Thank you.

    Reply

  6. Hello!
    I waited in my car from 11:30 am – 12:54 pm yesterday in a no parking zone for street cleaning that prohibits parking from 11:30-1 pm on mon and thur. I moved my car out of the way when the cleaning truck came and left.

    I just retrieved my car (Friday 10:45) only to find a ticket issued at 12:55 pm on thur, a minute after I left and less than 5 minutes from the legal 1 pm spot. The ticket was for parking in the illegal zone at 12:55 on Thursday.

    Do I have any remedy? Does the grace period work on the back end? Thanks in advance for your time and appreciate everything on this blog.

    Reply

  7. does the grace period work for *before* the rule change – e.g., a double parking ticket issued at 8:57am while cars line up on opposite side for a street cleaning period that starts at 9:00am?

    is there any language to fight a double parking ticket during street cleaning periods, which is largely tolerated but technically illegal?

    Reply

    • Dear EV,
      Good morning.
      Great questions…
      1. The rule change at 9A (the beginning of street cleaning rule) only covers a street cleaning violation (VC21). There is no “rule change” for double parking because there are no specific days/hours when double parking begins. The rule prohibiting double parking is always in effect.
      2. Sadly, no. I love your expression, “largely tolerated but technically illegal.” That explains the situation eloquently. Double parking on the unrestricted side during street cleaning is a long term investment that is measured by days getting a ticket versus days you don’t have to roam the roadways of NYC spewing fumes and paying for gas.

      Best,
      Larry

      Reply

  8. On Church Ave near Dahill Rd, my vehicle was parked in a meter pay parking spot on Church Ave. Specifically at 83 Church Ave, BK 11218. At 12:56 a ticket was put on my car while I was inside trying to get change, because the parking meter, # 3503013 did NOT accept my visa debit card. After getting change I came back to find the ticket and was informed by a traffic ticket police person, that so long as 5 min had not gone by, I could send in my parking ticket with the parking receipt showing 1:01pm or earlier and the ticket would be waived. Can you please confirm if this is accurate??? He said to send in the ticket with a picture of the meter #, letting the city know it didn’t work and the address it was located at to all back up my story, but in reading your 5 min grace period section, Im not sure. Thanks for your assistance in clarifying.

    Reply

    • Hi Steve,
      Good afternoon.
      There are two things percolating here…
      1. If you pay for the time on an MM within 5 minutes of the time the ticket was issued, the ticket will be dismissed. All you have to do is fight the ticket, argue that you paid for the time within the 5-minute grace period and submit a copy of the MM receipt confirming your story
      2. Parking at a broken meter is a car of a different color. The proof necessary to beat a broken meter is staggering. You can read the elements of the broken meter defense on the blog.

      If you paid for the time within 5 minutes of the time of issuance, it matters not that the meter was broken.

      If the time on your receipt is more than 5-minutes from the time of issuance on the ticket, and you want to raise the broken meter defense, you’ve got miles to go before you sleep. A picture of the broken meter is not sufficient proof. If the meter’s broken, I urge our friends to skedaddle and find another space.

      Good luck.
      Larry

      Reply

  9. What if the traffic agent typed that the time first observed was 1030am, the violation time was 1037am, and I have a MM receipt which has my start time as 1039am. Does it matter that the traffic agent typed 1030am the vehicle was first observed?

    Reply

  10. I was in a zone that had a day parking limitation (until 6pm) and night parking limitation (from 11pm) but evening times were available. When parking, I only saw the day limitations and thought it was ok to park there.
    When we got back (at 11.15pm), our car had been towed already (11.12pm) and was issued a ticket (4-08 (c)) at 11.06pm.

    We paid the towing fee to get our car back, but I am hoping not to need to pay the ticket, which was literally a minute after the grace period. (rude guy probably stood there waiting)

    Additionally it does not have a registration exp date (says n/a) but our car is registered in NJ.

    Do we have any chance disputing it for any of these reasons? A) Paid towing fee, B) Grace period or C) Exp date incomplete?

    Thank you

    Reply

  11. I parked 5 minuets before the time that I’m aloud. So the alternate side parking is at 8ambut I parked it at 7:55am could they still give me a parking ticket?

    Reply

    • Hi, Sabrina,

      Good morning.
      I trust you’re asking whether you can get a parking ticket if you stay parked after 8A?
      Yes, you can get a ticket.

      You’d have until 8:05 to move your car.
      Regards,
      Larry

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

2019 ASP Calendar

Click Here. No Email Address Required