Last Updated on July 22, 2016 by Lawrence Berezin
Unnecessary engine idle is a violation of the NYC parking laws
Here’s the Rule:
Idling of vehicle engines prohibited. Except as provided for buses in paragraph (p)(2) hereof, no person shall cause or permit the engine of any vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three (3) minutes while parking, standing or stopping unless the engine is being used to operate a loading, unloading or processing device.”
Idling in a school zone
An anti-idling law went into effect on May 11, 2009, which cuts the idling time in a school zone from three (3) minutes to sixty (60) seconds. Here’s a short, succinct article on the subject:
The fumes from idling taxicabs and delivery trucks can be so bad outside city schools that teachers race to close their classroom windows at certain times of the day to protect their students.
A new law seeks to cut that pollution by giving vehicles just 60 seconds to idle in a school zone.
The measure signed into law this month cuts the allowed idling time from three minutes to one minute around schools, and gives more city agencies the power to issue violations. It also requires an annual violations report so officials can track enforcement.
Councilman John Liu, lead sponsor of the bill, said the law was not only intended to reduce pollution in school areas — helping the city’s high child asthma rates — but was also meant to improve public awareness about idling throughout New York City.
There is no federal anti-idling law, but about 30 states and dozens of municipalities have their own measures, typically limiting time to around three to five minutes.” See Associated Press article
Commentary
Here is a great example of the power of grass root campaigns to cause NYC parking laws to be enacted for the greater good. If you are issued an NYC parking ticket for “idling,” I suggest you check the warriors description of your first time observed. Remember, you have three minutes to idle outside a school zone. The time you were first observed and the time your ticket was issued must make sense. If not, I recommend you fight the parking ticket.
For example, a client of ours received an “idling” parking ticket with a first time observed as 12 AM and a parking ticket issue time of 9 AM. Nine hours of idling is obviously a mistake. When you’re right–Fight! But, DON’T IDLE!
There’s a problem with this vigilante-enforced law. The vigilantes are unaware of their obligation to document that the offending truck was not entitled to idle due to it running power equipment (platform lift, cargo box refrigeration or heating system) that require the engine to run during operation of said equipment. Summonses are issued, in one case I’m aware of first-hand, as much as two years or more after the fact with no interim notice given to the offending party!
https://www1.nyc.gov/nycbusiness/description/idling-regulations
Hi Clem,
Good afternoon.
Thanks for your thoughtful comment and link.
Regards,
Larry
Larry, thought you’d like to learn the ruling in our case. After a lengthy telephone hearing involving an OATH hearing officer and a DEP representative who had no grasp of his agency’s own rules and the law about idling vehicles running processing equipment being legal exceptions to the law, we received our Decision in the mail today: DISMISSED!
The DEP rep knew he was on shaky ground when he cited a recent June, 2022 rule clarification by his department that states that heating and refrigeration equipment necessary for the preservation of perishable commodities in the cargo compartment of the vehicle requires a legally permissible exception to the no-idling law and regulations, but he tried to spin it as a prohibition against heating and air conditioning being a permissible exception. That line pertains to comfort of the passenger/driver cabin, not the cargo compartment as described on the line immediately above that one in the new rule.
We’re elated of course, common sense alone would dictate that shippers must be able to protect their perishable cargo from the elements, but just wondering whether there is a mechanism for getting a subsequent summons for the same offense under the same weather conditions dismissed prior to the hearing date next January.
All in all, score one for The Good Guys!
Hi Clem,
Wow! That is great news. Congratulations!
I’m afraid your question is an excellent question, but outside the scope of my limited expertise. For example, I try my parking ticket cases before judges in the Parking Violation Bureau (“PVB”). Likewise, appeals go to judges in the PVB. But, neither the original judge’s decision nor the appeals panel’s decision is binding on any future cases. Appeals from the PVB go to NY Supreme Court, and their decisions are not binding on future cases.
It is not until a parking ticket case reaches the appellate division of the NY Supreme Court do decisions become binding.
“There are four Appellate Divisions of the Supreme Court, one in each of the State’s four Judicial Departments. These Courts resolve appeals from judgments or orders of the superior
courts of original jurisdiction in civil and criminal cases and review civil appeals taken from the Appellate Terms and the County Courts acting as appellate courts.”
DEP disputes are handled by an OATH hearing officer. In the same vein, this is an administrative law hearing. I don’t know whether a decision by the OATH hearing officer is binding on future cases.
My guess would be these decisions are not binding. However, although not binding, they may be “persuasive authority” for future cases.
In any event, the thrill of victory is a million times better than the agony of defeat at the hands of our administrative law trials.
Thanks for sharing your great news, Clem.
Be safe and stay cool.
Regards,
Larry
I wonder whether it would be helpful to have stickers printed up to affix to all sides of the vehicle indicating the presence of “processing equipment” necessary to the preservation of the cargo in cold or hot weather, so that at least they would appear in any photos or videos entered as “evidence” by the complainant and the DEP. Or would DEP just “shoot first and ask questions later”?
Hi Clem,
I think that’s a great idea.
When I prepare a defense for a parking ticket, I make sure my evidence “speaks to” the original judge and the appeals panel.
Meanwhile, any time you can create helpful evidence, especially when it doesn’t appear to be your motivation, it is good for the good guys!
Regards,
Larry
Found this article from 2011 regarding California’s no-idling rules.
https://www.autoguide.com/auto-news/2011/06/idling-in-california-requires-a-special-exemption-sticker.html