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)
A hypothetical
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).
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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.
great article thanks so much for the help!
Thanks, Salma. So kind of you to say. Best, Larry
Hi,
I received a parking ticket today for “double parking” – a $115 ticket. It is my car under my name/registration, but I permit close friends/family to drive my car (some even being on my insurance plan). My roommate was actually the one driving my car and I was in the passenger seat. He had gotten out of the car and put the emergency lights on in order to retrieve something from inside our apartment. A parking cop came and stuck the ticket on the windshield even though I was inside the car – did not even ask me to move the car. Can I beat this ticket if I state these facts in a Not Guilty plea? Can the ticket get thrown out by claiming I was not the driver of the car at the time and/or that the officer did not ask me to move the car even though I was inside it?
Follow-up question – my plate is out-of-state, and I am planning to leave NYC soon. If I choose to ignore the ticket with no plans of driving the same car back through NY, can the ticket still follow me to my home state or through some collection agency?
Hi, I received a double parking ticket in front of my place of residence. I took my dad grocery shopping and decided to drop off items at the front door and then find parking. Right as my dad got out of the car and I got out of the car to grab items from the trunk. No less than a minute, after I had opened the trunk, a traffic cop car appears, and I the cop decided to tag me with a ticket. It is unreasonable because my dad needed an extra hand and I just needed to help him unload two bags of groceries. I could have easily moved the car but the cop decided to give me a ticket with me right there. Any advice is appreciated! Thank you
Hi Brian,
Sorry about your parking pain.
The Evil Empire says that double parking for passenger vehicles is illegal at all times, night and day, every day. So, I’m afraid that your story doesn’t form the basis of a winning defense.
As far as helping your Dad with the groceries…I would have done the same thing for my Dad and sadly, would have received the same ticket you received.
There is a minority view about double parking, which I believe is the correct view. Double parking is a no standing violation. Ergo, if you double park temporarily to drop off a passenger and skedaddle, some judges will dismiss the ticket. However, you are not permitted to unload groceries in a no standing zone (only a no parking zone). So, even if you parked at the curb and helped your Dad, you were eligible for a no standing ticket.
Parking Ticket Land is a tough place to navigate safely.
Sorry, Brian.
Regards,
Larry
Good Afternoon Larry,
A meter maid left a ticket on my truck and said that I was “double parked” and in a comment section it said “FIRE BLOCK”
I have NEVER seen that term used before. It was double side parking so all the cars on the block of 115th between Broadway and Amsterdam avenue double parked on the Tuesday side until you could move your car back to the monday side. Can I beat this ticket?
Hi Travis,
Not for that reason. It is illegal to double park on the unrestricted side of the street during street cleaning hours. But, thankfully many warriors and cops ignore the violations until they decide to stop ignoring ’em.
I would check your ticket for omitted, misdescribed, or illegible required elements. If you find one, you win…Subject to presenting the proper proof.
Regards,
Larry
Hi Larry,
I received a double parking ticket for parking next to the curb under the subway. A car was parked in front of mine. I had just dropped off my friend to the bank and was moving out into the left lane so I could go around the block with my signal indicator on to the right. The ticket agent walked straight up in front of me leaving the other vehicle and gave me a ticket. Can I fight this ticket? The paiful thing is I thought he was crossing so I was waiting for him to pass and he just walked up to me and scanned the registeration. I explained to him that I was moving. He said ok and gave me no ticket only to receive a ticket in the mail a month later.
Hi Kwabena,
Good morning.
The Evil Empire strikes again…bad Evil Empire!
I would explain the facts and argue:
1) You were not double parking, but simply waiting for traffic to clear. Technically, we double park every time we stop in the travel lane alongside a car parked at the curb. This was not the intent of the rule.
2) If the warrior did not enter your name on the ticket, lack of proper service
Good luck.
Regards,
Larry
Good afternoon!
I was towed to a repair shop and as I went to get paperwork done, I was given a ticket for “double parking” outside. The car was on the outside of a column (train tracks above) away from flow of traffic. I went into get paperwork done and BAM, like a hawk, traffic cop scanned me and started going. I had a busted battery was not able to move the car and the the repair shop had no lifts for me at the moment. How can I appeal this?
Sorry, Stephen.
Did the tow truck leave your car double parked?
Regards,
Larry
Hello,
I was sent to pick up a client that was that had gotten a surgery and couldnt walk properly. I double parked and rush to his door to help him get to the car ( he is 70 and had a knee surgery) and as we walking to the car the cop is issuing me a ticket. Can I fight this ticket?
Hi, Nathaly,
You are a good person. But, I’m afraid that is not a defense to a double parking ticket.
You can’t leave a double-parked car unattended even for a NY minute.
Sorry!
Regards,
Larry
Hello Larry,
I was temporarily double-parked in Bed Stuy Brooklyn due to alternate side parking and received a ticket. In the comments section, it said ‘school block’. There is a school on that block, but on the other end, I was nowhere near it. Do you know why that comment was left, and did that single me out for a double park ticket? The entire neighborhood double parks during ASP so I don’t understand why I was ticketed. Thanks!!
Hello Ken,
Good morning.
Let’s start with right or wrong in Parking Ticket Land.
You can never double park on street cleaning days Is double parking worth the risk?
Street cleaning days are like sleeping alligators. Here’s a blog post that will answer your questionsleeping alligator
Good luck.
Regards,
Larry
I just wrote you on Twitter with a picture attached so you could see what it looks like but I’ll try and describe it a best as I can.
I parked next to a stationary trailer on concrete bricks which is enclosed by a fence. It’s one of those trailers where foremen go to do paperwork is about as best as I can describe it. I parked next to said fence, and parked in between two cars. I came back the next day to find a ticket on my car and not on the others. I’ve seen plenty of people parked there and never received tickets so I believe I was targeted because of my tags being from Virginia. They said I was double parked but I don’t see how I was double parked at all.
Hi, Mark,
I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. I checked out that ridiculous trailer. If you’d still like my opinion, let me know.
Regards,
Larry
Hi, I received a ticket for double parking at 9:05am but I was not double parked there (I was not given a ticket on my windshield or handed to me). I was, however, parked at a street cleaning sign at the end of the block and received a ticket at 9:14am (which was valid and I paid). Both tickets were issued by different agents. I tried to dispute it simply saying that I was not double parked at that location as I was parked in a different location and received a ticket at the other location. The judge said that I did not persuasively prove that I did not get a ticket as the summons was via a scan nor was it a repeat summons, not did I have proof that I was not double parked there. How do you win a case when it’s “he said she said” like this? I know I was 100% not parked at the time or location that it was issued to me! It bothers me to give up and just pay a ticket for something I did not do ! please help. I can probably try to enter a letter from the dentist appt I was at during 9:00 – 9:30 proving I was not moving the car or try to get a video from a local business but I am not sure they will even help.
Hi, Maria,
You’re absolutely correct.
In NYC Parking Ticket Land, it is very difficult to win a fight without independent cooroboration. At times, it requires some creativity.
Your burden of proof on appeal is to persuade an appeals panel that the original judge made a mistake of law or fact based on the evidence you submitted. We are not permitted to offer any new evidence on appeal. So, you can’t try out new arguments or evidence if you didn’t raise ’em with the original judge.
Your idea about a letter from the dentist would have been a great piece of evidence.
Good luck.
Regards,
Larry
Hi, I received a ticket at 06/10/19 at 1:39 pm for double parking in Bronx. I went down at the deli to get some stuff and my 15 year old brother was in the car at the passenger seat with the emergency lights on waiting for me to come back. When I saw the NYPD car, I ran back to the car to move it and I entered the car before the police officer came and gave me a ticket, but when the officer saw my car double parking the officer saw no driver in the driver seat and when the officer got close to my car I was inside the car. In this situation can I fight it or just pay the ticket or what should I do?
Hi, Malek,
Were you sitting behind the wheel of your car when the Cop arrived? If so, did the Cop ask for your name or ID?
If not, and he didn’t enter your name on the ticket, I would fight it.
My defense would be improper service of summons. Be specific and provide a description of the Cop and the content of your conversation, if any.
Good luck.
Regards,
Larry
Hello,
I received a double park ticket while I was sitting in the car on 25th Street on the Eastside. We are a moving company and we were offloading furniture. Can this ticket be fought? It’s crazy! How can a business function in a city that is overpopulated with hardly any parking in Manhattan and a rule like no double parking between 7am-7pm? It’s insane.
Hi, Karen,
I hear you loud and clear.
A commercial vehicle is permitted to double park while making a delivery if there were no curbside parking nearby.
But, it gets a little tricky because technically, it is supposed to be for only 30 minutes and you must specifically state that there was no curbside parking within ? feet.
I would check with a parking ticket fighter who specializes in commercial tickets.
Regards,
Larry
Hi Larry – I was double parked while running an errand and I am fine paying the ticket. The thing is, I got two tickets (as I was double parked for 30 minutes). Is there a restriction on how many times a cop can ticket your vehicle during the same offense?
Hi, TJ,
Good afternoon.
I apologize for the delay. I just got back from Seattle (visiting my family).
A Cop or Warrior is not permitted to issue a second location parking violation within 3-hours of the first one. A judge will dismiss the second ticket if you plead not guilty and prove that you paid the fine on the first ticket. (A location violation is one based on where your car is parked)
On the other hand, a Cop or Warrior is not permitted to issue a second status parking violation on the same day as the first violation. (A status violation is related to your car and NOT the location. For example, expired registration, expired inspection).
Good luck
Regards,
Larry
Hi Larry,
I double parked about a month ago on 2nd Ave between 81st and 82nd around 530pm for less than 2 minutes while I considered getting out and talking to a friend inside one of the businesses on that block. I never did get out of the car because I saw a traffic cop behind me issuing a ticket to a double parked car that apparently had no occupants. I lingered just long enough for the cop to finish with the other car and then I noticed his lights go on as he pulled up between me and the other car, at which point I immediately drove away. No ticket was issued to me and I had no contact whatsoever with the cop. Nevertheless, my wife received a notice (the car is registered to her) saying that there was a double parking violation AND that because more than 30 days had elapsed since then a late charge had been added to the fine.
Can you advise me on how to dispute this?
Much appreciated,
Larry S
Hi, Larry,
Oh man. What a shame.
Did the cop enter, “drove off” in the comment portion of the evil ticket?
Regards,
Larry
Larry,
I was not served a ticket and I have seen no ticket. The notice states that one “can obtain a copy of [their] violation(s)” by checking a box and returning the notice in an unprovided envelope, calling 3-1-1 or by going to the NYC Dept. of Finance website. Of course, having received no summons I did not know to respond to anything and so the late charge in particular strikes me as totally baseless, to say nothing of the violation itself which seems flimsy as I had lingered for a total of 90 seconds at most and disturbed zero traffic in the process. Was this not an improper service of summons? Would it make a difference either way if the cop made a written note about my driving off on this supposed ticket that I may only assume does exist?
Hi ! I double parked on an avenue that has 2 driving lanes as a car had their blinker on so I wanted to take the spot. The cop honked so i went out to tell her that I’m waiting for car to leave and she came out and said your blocking traffic and gave me a ticket for double parking! I have a video and pictures of her, can I fight it?
Hi, Suri,
Good morning.
I’m afraid that the cop was technically correct. As unbelievable as it may sound when you pull up alongside a car parked at the curb and stop (even for a NY minute) you are technically double parking.
I would still contest the ridiculous ticket and argue:
-The intention of the double parking rule was not to prevent people from waiting for a car to exit a parking space so they can parallel park. Otherwise, parallel parking would be illegal because you have to pull your vehicle alongside a car parked at the curb
-If the Cop or Warrior did not enter your name on the parking ticket, I would argue a lack of proper service. You were obviously present when the ticket was issued.
Good luck.
Regards,
Larry
I just received a double parking violation from NYC via mail.
I was at that address because I was waiting for him at the entrance to his
apartment building. Due to Covid-19 there is a restriction in the building as to the number of people in the elevator..so it took him four minutes.
NO less this was on a Sunday early afternoon with no traffic
obstruction. Is there a way to have this ticket dismissed?
Hi Barbara,
I’m sorry to learn about your COVID-19 and double parking ticket pain.
I’m afraid you cannot leave your car unattended, even for a “NY minute” to have a reasonable shot at beating this stupid ticket.
I would check the front of the ticket for omitted, misdescribed or illegible required elements. if you find one or more and present the proper proof, your ticket will be dismissed.
Good luck.
Regards,
Larry
Larry
I never left the car!!!! It was not unattended, nor was I issued a ticket at that time…it came through the mail
Hi Barbara,
Oops. I misunderstood.
Here’s the new scoop:
-You still can’t double park and remain seated behind the wheel, BUT
-You have a good defense if the warrior didn’t enter your name on the parking ticket
The rules require a warrior or cop to enter the name of a driver who was seated behind the wheel when the ticket was issued. The challenge is to convince a judge that you were actually there at ticket time. I generally refer to what I said to the warrior and what she said back to me (and also include a description) along with the reason you were waiting in the car behind the wheel for your passenger.
Sorry for the confusion.
Good luck.
Regards,
Larry