Last Updated on September 29, 2023 by Lawrence Berezin
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. The Evil Empire grants Joe 5 NYC minutes to add to the 8:30 a.m. starting time. Likewise, the grace period rule prohibits a parking ticket warrior from issuing a parking ticket until 8:36 a.m.
- However, Joe can’t tack on an extra 5-minutes to the end of the ASP time limit. The Evil Empire doesn’t allow a driver to park their car illegally during the effective time of the street cleaning restriction. Likewise, the Evil Empire will not reward a driver with five minutes more time to remove his chariot from the illegal space. It makes sense, right?
Myth #1 debunked!
How to apply the grace period rule to parking in a parking-meter zone
- The Evil Empire adds The 5-minute grace period to the end of Joe’s parking time in a muni-meter zone. Likewise, the law does not allow a parking ticket warrior to issue a parking ticket until 3:06 p.m.
- A driver can raise the 5-minute grace period as a defense to a failure to display a muni-meter receipt parking violation (VC38). However, the start time on your muni-meter receipt must be within 5 minutes of the end time on the receipt.
Myth #2 debunked!
How to apply the grace period rule to parking signs with specific hour limits
The Evil Empire rewards a driver with the 5-minute grace period added to the beginning of a rule change on a parking sign with specific hour limits. That is to say, Joe parked his car legally at 9:00 a.m. (before the rule change at 10:00 a.m.). At 10:00 a.m. Joe’s free parking space turned into an 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 at 10:00 a.m. to move his car.
The remarkable grace period rule prohibits a parking ticket warrior from issuing a parking ticket until 10:06 a.m.
Larry’s FREE Guide to Parking Meter Rules
Learning how to apply the 5-minute grace period is a great way to save money. However, there is a gaggle of new parking meter rules and regulations that you need to know now!
Likewise, check out Larry’s “Essential Tips About the New Parking Laws in NYC.” Just click on the clicker below, and the valuable guide is yours!
Here is a Grace Period Chart that may help
Out with the old law
New York City Administrative Code(OLD)
§ 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).
In with the new law
Larry’s Update (NEW)
§ 19-213 Grace period; failure to purchase parking time and cancellation of certain tickets.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Agent. The term “agent” means any person employed by the city of New York authorized to issue a notice of violation for parking violations.
Parking meter. The term “parking meter” means a device that accepts payment or a credential that authorizes vehicle parking time, including, but not limited to, a pay-and-display parking meter or a pay-by-plate parking meter.
Pay-and-display parking meter. The term “pay-and-display parking meter” means an electronic parking meter that dispenses timed receipts that must be displayed on the dashboard of a motor vehicle or in a visible and secure place on a motorcycle.
Pay-by-plate parking meter. The term “pay-by-plate parking meter” means an electronic parking meter that requires entry of license plate information for proper registration of payment.
Keep reading
b. Grace period. No notice of violation shall be issued for allegedly parking in excess of the parking time purchased 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.
c. Failure to purchase parking time. Notwithstanding any rule or regulation to the contrary, and subject to the provisions of the vehicle and traffic law, where a notice of violation is issued to an owner or operator of a vehicle for the failure to purchase parking time, it shall be an affirmative defense to such violation that such owner or operator purchased parking time for the time such notice of violation was issued or up to five minutes thereafter from a parking meter at the location such notice of violation was issued. Evidence in support of the affirmative defense shall be the presentation, in person or by mail, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter or other suitable evidence, as determined by the hearing officer, that such parking time was purchased. When in such instance, the vehicle is a motorcycle, evidence may be a digital photograph, submitted through the bureau’s website, of a valid payment receipt for the time such notice of violation was issued or for up to five minutes thereafter.
Keep going
d. Cancellation of certain tickets.
1. Any agent who issues a notice of violation by electronic means for failure to pay the parking charge required at a pay-and-display parking meter shall cancel such notice of violation when, not later than five minutes after the issuance of such notice, such agent is shown a valid payment receipt with an official start time indicated and such start time is no later than five minutes after the time of the issuance of such notice. The electronic copy of such canceled notice shall be marked “valid receipt shown; ticket canceled” and shall include the number of such payment receipt shown. The electronic parking meter system shall be programmed to prohibit such notice from being canceled later than five minutes after the issuance of such notice.
2. If an agent has issued a notice of violation by electronic means for failure to pay the parking charge required at a pay-by-plate parking meter, and parking time is purchased for such vehicle for the blockface where the vehicle is located not more than five minutes after the notice of violation was issued, such notice of violation shall be canceled automatically by the electronic parking meter system.
(Am. L.L. 2021/171, 12/24/2021, eff. 2/22/2022; Am. L.L. 2022/016, 1/9/2022, eff. 2/22/2022)
Myth #3 debunked!
Commentary
The NYC Council enacted outstanding 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.
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?
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
Lucky for me then, it was a handwritten ticket and the effective allowed parking time is filled out on the ticket.
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
You’re very welcome, Andre. Best, Larry
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
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
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 ?
Amira,
Correct!
Regards,
Larry
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.
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.
Dear Qnsgirl,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link
https://newyorkparkingticket.com/passenger-vehicles/
so sorry to hear you had a heart attack. God is good. I’m sending prayers your way.
Qnsgirl,
So very kind of you to offer your prayers.
Thank you.
Best,
Larry
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.
Dear Eric,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
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?
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
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.
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
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?
Hi Dave,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles
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
Dear Chaim,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles
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?
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
Hi Lawrence,
I got my motorcycle towed for street cleaning. The rule starts at 9.00am and the summon was written at 9.07. I got there in the moment it happened and tried to convince the cops without any luck at 9.09. I have photo evidences from the moment as well as photos with the whole street full of cars at that time :/
Wondering if there is a way to build a case. since those 2 minutes costed me $250 and the whole afternoon trying to get the bike back from the pound.
Thanks!
Hi, Teresa,
Oh man, sorry to learn about your parking nightmare.
Your goal is to prove that the evil ticket was issued before 9:06 am. If you have time dated photos and a good story, I would definitely fight the ticket.
For example, clients of mine have disputed similar scenarios. One guy followed the same routine every weekday morning, which led to arriving at his chariot shortly before street cleaning rules started. I emphasized that he checked the time regularly during his morning routine.
Another client was dining at a restaurant and presented evidence of the time he paid his check and the distance from the restaurant to his car to persuade a judge that he moved his chariot before the rule changed.
It is essential that you offer facts that can be confirmed.
Good luck.
Regards,
Larry
Thank you Larry for this web site! I was able to beat a VC-38 parking ticket in the Two Bridges area of Manhattan last year by submitting with the ticket by certified mail:
– A copy of the muni-meter receipt (it didn’t take payment cards, and its reset button didn’t work!) that was within the 5-minute criteria that you described, and
– A letter using your template, pleading Not Guilty and stating the time difference between the ticket and the receipt, but also an ad-verbatim quote from NYC Administrative Code Section 19-214b:
“Notwithstanding any rule or regulation to the contrary, but subject to the provisions of the vehicle and traffic law, where a notice of violation was issued to an owner or operator of a vehicle for the failure to display a muni-meter receipt, it shall be an affirmative defense to such violation that such owner or operator purchased parking time for the time such notice of violation was issued or up to five minutes thereafter from a muni-meter dispensing timed receipts valid for use at the location such notice of violation was issued. Evidence of the affirmative defense shall be the presentation, in person or by mail, of a valid muni-meter receipt for the time such notice of violation was issued or for up to five minutes thereafter or other suitable evidence as determined by the hearing officer that such parking time was purchased.”
Thanks again!
Hi AJ
Wow. What terrific news!
Thanks for sharing your strategy and victory with us.
Regards,
Larry