You can beat a double parking ticket
VC 46 is the double parking violation code, and NYC Rules, 4-08 (f)(1) is where you’ll find the rule
Here are some valuable tips and tricks to help you beat a parking ticket for double parking.
Double parking is defined in the Traffic and Highway Rules as, “Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, ‘double parking’.”
The Rule allows a commercial vehicle to stand alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, and parking is not prohibited when expeditiously making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on either side of the street within 100 feet. However, double parking a commercial vehicle is not permitted in Midtown Manhattan 7A-7P on Monday through Saturday. Midtown is the area from 14 Street to 69 Street, between First Avenue and Eighth Avenue inclusive.
Wow, that’s a mouthful. But, we’re not done yet. The N.Y.C. Traffic Rules, section 4-01, definitions of “parking”, “standing”, and “stopping”, are important to know.
Parking is “The standing of a vehicle, whether occupied or not, otherwise than temporarily for and while actually engaged in loading or unloading property or passengers”
Standing is “The stopping of a vehicle, whether occupied or not, otherwise than temporarily for and while actually engaged in receiving or discharging passengers”
Stopping is “Any halting even momentarily of a vehicle, whether occupied or not”
Now everything is crystal clear, and you’ll never receive another parking ticket NYC for double parking. You need a little more help. O.k., here it goes.
Can you ever double park a passenger vehicle in NYC?
There are a majority and a minority opinion about double parking a private passenger vehicle. The majority opinion held by the Evil Empire is…No, never.
The minority opinion held by the Adjudication Unit of the Evil Empire (the folks that conduct your parking ticket hearings), and Larry (that’s me) is that you can double park while stopping temporarily to drop off or pick up a passenger (except between 7A-7P in Midtown- Monday through Saturday).
Larry’s Comment: You may wish to check out the excellent guide published by the PVB, “Got TIckets? Your Guide to Parking Ticket Hearings” (pages 10 and 14)
Let’s say you stop alongside a vehicle parked at the curb to allow your friend to go into a pizzeria to pick up a pizza. You are not violating the double parking Code 46 while your friend is in the act of exiting your vehicle.
Once your friend has finished exiting your vehicle, you are double-parked violating Code 46! When your friend returns and re-enters your car, you are no longer double-parked. The same holds true for loading and unloading your property from your vehicle; as long as you complete the process in 2 minutes.
In other words, you cannot wait for your friend while she is in the pizzeria without risking a ticket for double parking. The waiting part is violating Code 46.
If you are operating a commercial vehicle, it’s an entirely different ballgame. You may stop, stand or park your vehicle alongside a vehicle parked by the curb as long as you are expeditiously making pickups, deliveries or service calls. However, please note the exceptions in Code 46 (Midtown exception; during hours where stopping, standing or parking are prohibited exception; and the unoccupied space exception).
Larry fought the Evil Empire and won for a wonderful client of ours (passenger vehicle). Here’s our recipe for success, including the affidavits submitted to dispute the NYC parking ticket for double parking.