Last Updated on October 20, 2021 by Lawrence Berezin
You can beat no standing tickets
No-Standing Tickets. Have you ever uttered the following statement about any of your successful friends? “Some people have all the luck.” However, it’s not luck; and it’s knowledge and preparation.
Likewise, the same holds when fighting no-standing tickets. You can avoid getting these ubiquitous NYC fundraisers with knowledge of the no-standing parking rules, and you fight them and win with preparation.
Here’s how.
Let’s start with the knowledge portion
This is the boring part but essential to acquiring the proper foundation to beat those costly no-standing tickets.
Meanwhile, the no-standing rules live in NYC Traffic Rule 4-08.
(f) General no standing zones (standing and parking prohibited in specified places).
No person shall stand or park a vehicle in any of the following places unless otherwise indicated by posted signs, markings, or other traffic control devices or at the direction of a law enforcement officer:
(1) Double parking. On the roadway side of a vehicle stopped, standing, or parked at the curb,
except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited,
while 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 that can be used for such standing, and provided further that such standing complies with the provisions of §1102 of the State Vehicle and Traffic Law.
A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met.
For this paragraph (f)(1), “expeditiously making pickups, deliveries or service calls” shall mean that any period of inactivity at the pickup, delivery, or service call location does not exceed 30 minutes.
However, such definition shall in no way limit the discretion of the Department of Finance Adjudication Tribunal to determine whether a violation of this paragraph has occurred
There is more
(2) Driveways. In front of a public or private driveway,
except that it shall be permissible for the owner, lessor, or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to them at that address in front of such driveway,
provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles.
The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.
Subsections continue (3)-(7)
(3) Parks. In any park between one-half hour after sunset and one-half hour before sunrise, except at places designated or maintained for the parking of vehicles.
(4) Bus lane. In any lane designated for the exclusive use of buses.
(5) Railroad crossings. Within fifty feet of the nearest rail of a railroad crossing.
(6) Safety Zones. In a safety zone, between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone.
(7) Pedestrian ramps. Alongside or in a manner that obstructs a curb area that has been cut down, lowered, or otherwise constructed or altered to provide access for persons with disabilities at a marked or unmarked crosswalk as defined in subdivision (b) of §4-01 of this chapter. A person may stop, stand or park a vehicle alongside or in a manner that obstructs a pedestrian ramp not located within such crosswalk unless otherwise prohibited
General no standing tickets are for violations where there are no parking signs warning us of a potential violation.
You’ll never find a parking sign alerting you to a pedestrian ramp or a safety zone. These no-standing violations are our invisible enemies.
(c) Violation of posted no standing rules prohibited.[/alert]
When official signs, markings, or traffic-control devices have been posted prohibiting, restricting, or limiting the standing of vehicles, no person shall stand or park any vehicle in violation of the restrictions posted on such signs, markings, or traffic-control devices, except as otherwise provided herein:
(1) No standing (snow emergency). When the Commissioner declares a state of a snow emergency, no person shall stand or park a vehicle upon a street designated by signs as a snow street, or upon any other area referred to in §4-12(k)(1) of these rules and except as otherwise provided therein
(2) No standing-taxi stand. No person shall stand or park a vehicle other than a taxi in a taxi stand when any such stand has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein to expeditiously receive and discharge passengers provided such standing does not interfere with any taxi about to enter or leave such zone.
Wow. A lot of no-standing rules
(3) No standing bus stop. No person shall stand or park a vehicle other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted except that the operator of a vehicle may temporarily stand therein to expeditiously receive and discharge passengers provided such standing does not interfere with any bus about to enter or leave such zone.
(4) No standing except authorized vehicles. Except as provided in paragraph (8) of this subdivision, where a posted sign reads “No Standing Except Authorized Vehicles,” no vehicles, except those designated by a rider attached to such sign, may stand or park in that area.
(5) No standing-hotel loading zone. No person shall stand or park a vehicle in such zone except temporarily for and while actually engaged in receiving or discharging passengers and their personal baggage at hotels.
(6) No standing-commuter van stop. No person shall stand or park a vehicle other than a commuter van in a commuter van stop when such a stop has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein to expeditiously receive or discharge passengers provided such standing does not interfere with any commuter van about to enter or leave such zone.
(7) No standing-for-hire vehicle stop. No person shall stand or park a vehicle other than a for-hire vehicle in a for-hire vehicle stop when such a stop has been officially designated and appropriately posted, except that an operator of such other vehicle may temporarily stand therein to expeditiously receive or discharge passengers provided such standing does not interfere with any for-hire vehicle about to enter or leave such zone.
(8) No standing except certain diplomatic and consular vehicles
The no-standing parking violations outlined in subsection c pertain to parking rules displayed on parking signs.
3 Lessons I learned from beating no standing tickets
- Did the facts of the case fit the definition of the parking crime? Was my chariot really double parked?
Example:
1. I recently defeated a double parking ticket for a commercial client. Double parking is standing, or parking on the roadway side of a vehicle stopped, standing, or parked at the curb.
I argued that a Mack truck couldn’t possibly stand on the roadway side of a vehicle stopped, standing, or parked at the curb in this bus stop zone because these two vehicles would have blocked both travel lanes on Madison Avenue. Plus, buses would have been blocked from entering or exiting the bus stop zone, and surely the Warrior would have entered that fact on the parking ticket.
Here is one exhibit of eleven exhibits I submitted to illustrate my point.
2. Example: I beat a double parking ticket by arguing that the facts didn’t fit the parking crime. There was a car parked at the curb. The next travel lane was a bike lane. The next travel lane was for vehicles. Our client stopped in the travel lane alongside the bike lane. In other words, there was a bike lane in between the car standing at the curb and our client’s car. These facts do not constitute double parking.
I successfully argued that the double parking rule was intended to prohibit stopping, standing, or parking a vehicle in the lane next to a vehicle occupying the curbside parking lane. If interpreted otherwise, a car legally parked on the opposite curb would be guilty of double parking.” Ticket dismissed!
- Did I present the proper proof persuasively to convince a judge to dismiss the no standing ticket?
Example:
1. I’ve beaten many general no-standing tickets arguing our clients stopped temporarily to drop off (or pick up) a passenger and immediately left the no-standing zone. But, you can’t present this defense persuasively without a statement from a credible witness. Your words alone will not set you free.
Are you making these 5-common mistakes?
Instead of the state, I stopped my car for a moment to pick up my wife and left immediately. Tell a story. Don’t write a law book.
-Parroting the ‘legal defense’ word-for-word?
Use real words, not legal words. Don’t state that you stopped temporarily to pick up a passenger and left the zone immediately.
-Ignoring the testimony of the warrior in the “comment” section of the parking ticket?
Use the comment to prove your case. I recently beat a no-standing ticket for an Uber driver because the warrior entered “sitter” in the comment section. “Sitter” means that the driver is sitting in the car in the no-standing zone.
My defense was that the warrior and I agreed that the driver was seated behind the wheel of his car when the parking ticket was issued.
However, the warrior didn’t ask the driver for his license. And didn’t enter the name of the driver on the parking ticket. Therefore, there was a lack of personal service. Ticket dismissed
-Typing the witness statement, so it looks neat and pretty, and like someone other than the witness wrote it? Ask the witness to write her statement in her own handwriting. It should look like a human person wrote it, not the defendant or his lawyer
-Testifying that you expeditiously picked up your Mother and her luggage in a bus stop zone? Or, you dropped off your wife and 12 bags of groceries in front of your house in a no-standing area. You lose because bus stops are no standing zones. You are permitted to stop temporarily to drop off or pick up people but not their stuff and leave immediately in a no standing zone
-Not laying the proper foundation when submitting photographs of the scene of the parking crime? I just viewed a series of wonderful, overlapping photographs of all the parking signs on an entire NYC block. The problem is I can’t tell which NYC block. You lose unless you lay the proper foundation to identify the location of your wonderful evidence
-Did you thoroughly investigate the accuracy of every required element? Required elements are your “Get-out-of-jail-free” cards. Search ’em out and raise any omitted, misdescribed, or illegible required elements as a defense to the parking ticket
Example:
1. It’s easy to check the body type and expiration date for accuracy. But what about the days/hours on the parking sign that regulated your parking space? It takes time to mine this gold.
2. How about the place of occurrence? Does it accurately describe a parking space that was regulated by the parking rule you were charged with violating? It takes time, but it is time well spent to uncover this gold.
I can’t tell you how many times I unearthed defects that led to dismissals.
Commentary
“We often miss opportunity because it’s dressed in overalls and looks like work.”
― Thomas A. Edison
Knowledge plus preparation minus laziness = dismissal.
[I love the image of a no-standing sign with the chair. Check out the wonderful work of photographer David Walsh]
Funny you should post this today. I was just about to write you regarding this topic. Yesterday I received a judges decision in the mail, and I just won my case for a ‘no standing’ violation. Here is what happened. My son just got his drivers license in September. Last month he was having a hard time finding a parking space (piles of snow taking up many legal spots) then finally found an empty place to park. Unfortunately, the next morning he found that dastardly orange envelope under his windshield wiper. Turns out the end of the block was designated ‘no standing’ in order to allow a ‘daylight zone’ which supposedly makes it easier for drivers to see on-coming cars at the intersection.
After examining the summons, turns out the warrior did not write down the specific address of the house my son was parked in front of. Instead, he attempted to identify it by “East side of (street A), 15 feet North of (street B)”. So I used your link to check the parking regulations for that block and printed that page, and then printed out the intersection using Google map. I also took several photographs from various angles. I was able to prove that the location the warrior indicated had no traffic regulations. And the judge dismissed the ticket, citing “address does not exist as per pv records”.
Yipee, we won!!!!! Thank you, Larry, for your advice in this excellent website and for sending me the link. You are the best!!!!!
Lee,
You just made my week!
Crack open the champagne.
Wonderful job.
Thanks for sharing your success.
Our stories always help us learn about how to beat NYC parking tickets.
Best,
Larry
Glad to make your day. Now onto his NEXT ticket-this time a moving violation he got last week. He was on Woodhaven Blvd and wanted to turn left. He saw there was a No U Turn sign. As he began his turn, he saw the street he was entering had a Do Not Enter sign and got confused. A cop that happened to be right there gave him a ticket. The street he was entering was a ‘Y’ and he did not realize that the Do Not Enter part was for the other side of the Y. Should be an interesting battle.
Is there any chance to beat ticket for parking like this (photo by link below)?
It’s a part of the car behind the sign.
https://lh4.googleusercontent.com/-JVHmU_omaCU/VWy4fuOQuxI/AAAAAAAAAt0/GzKt9dMoNcU/w480-h640-no/photo-9.JPG
Nope…Sorry, Vlad.
If any portion of your chariot breaks the plane of a parking sign, your in. And, if you straddle two signs, and violate the rules displayed on either of the signs, you’ll win a ticket.
It’s dangerous out there…Good luck.
Best,
Larry
Thank you! Will try to get a discount from $115 at least =)
Vlad…The fine reduction program ended a few years ago. It’s pay or play winner take all. Good luck, Vlad. Larry
Oh.. Thanks, I didn’t know it. This is my first ticket…
One more question. I also got “No front plate” ticket. Didn’t have mount for it. Is it a fix-it ticket? Can I install it, make a photo and pay less? What can be done here? Thanks in advance.
Is it possible to get a parking ticket for being at a no standing place by a bus for one minute? I didn’t see any ticket on my window shield nor did i see any police officer. There was also someone behind me waiting with blickers on. I just stepped out with my blinkers for literally one minute to a minute and a half to pick someone up. So do you think that i will get a ticket in the mail? If so, is this legal?
Dear Melissa,
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 got a No Standing ticket yesterday, 2/8/16 infront of 1396 Madison Avenue. The sign said no standing between 3pm-7pm, M- F but the meter allowed me to pay for parking beyond 3pm. I have my parking receipts. Do I have a chance of winning this violation?
Dear Abelardo,
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
Larry
I parked my at 5:30AM and there was no “No Standing” sign. I went to get my car after work at 3:30PM and they just put up a new “No Standing” sign and I got a ticket. Is that fair? Do I have to pay? As the sign was not there when I parked
Dear Barbara,
Good evening.
Here’s a link to a blog post that will tell you what steps to take to beat the unjust parking ticket.
https://newyorkparkingticket.com/proposed-nyc-parking-law-relieves-pain-new-parking-sign/
Good luck.
Larry
What do you think of this, do you think I can beat it and get my boot and tow fees refunded? There isn’t a clearly defined no standing zone, just a sign with the double arrow. Now sign with a single arrow.
http://s24.postimg.org/xzhtswf9h/image.jpg
Dear Jason,
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
Hi Larry,
I received a pending default judgement for a no-standing parking violation in the mail on April 20, 2016. The violation took place in November 2015.
I was stunned because I never received anything in person or on my car. I found your blog and reviewed the tips mentioned for fighting a ticket.
After reviewing the ticket, I used your ‘lack of personal service’ defense because the ticket agent stated that I was a sitter in the car with no activity yet they never served me personally or requested my name & drivers license.
When I wrote my defense I stated this and also informed the judge that I stopped for a few seconds to drop my spouse off at the location indicated and then drove away. I never left my car or put it in park (apparently the ticket agent saw my vehicle while I was leaving and only caught my license plate number and used that to create the violation notice).
The judge sided with me and dismissed the violation.
$175.00 fine avoided.
Thanks alot for the information on your site.
Hope more people find your blog and use the tips. It certainly saved me!
Sammy,
I am absolutely thrilled about your win and happy I could help.
Justice was served.
Thanks for sharing your wonderful story with us.
Regards,
Larry
My wife just got a ticket for standing. She had the baby loaded into the car and a friend was bringing our older kids out of the building to load them into the card. The kids were literally stepping out of the building and walking right up to the car while the officer was writing the ticket. There were no signs that said “no standing” on this block.
Dear John,
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
hi today i parked my car on a busy avenue, i made sure my car was behind the yellow line on the curb. i checked the sign closest to my car which was on the right side of my car. half the car was in front of the sign and half was behind the pole. that sign said hour metered parking so i parked and payed the meter.
i had until 2;15 i come back 2:13 and see a ticket, before even opening the ticket i took pictures of my payed marking ticket because i thought it was a ticket for that. i opened the ticket it said for parking at a no parking zone. i didn’t see a sign down the block that said no parking. is there any way to fight it?
Dear Talie,
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
Hi Larry, My husband just got a violation letter in the mail today for parking at no standing commercial MT zone in June 24, 17. He was in the car waiting for me and my kids coming from a doctor’s office. The officer sneaked and copied down his license plate number from behind and didn’t go to his face and hand him the orange violation ticket. Is that legal? How should we fight it?
Hi Denise,
Good morning.
Sorry for the delay in replying, but I just returned from a visit with my children and granddaughter in Seattle.
Sadly, you are not permitted to stand or park a passenger vehicle in a commercial meter zone…Waiting is not allowed.
One potential defense is the officer’s failure to enter your husband’s name on the ticket (lack of proper service). However, most judge’s would rather cut off their fingers than to dismiss a ticket for lack of proper service. You need some compelling, persuasive evidence that your husband was sitting behind the wheel in the car (such as entry of the word, “sitter” in the comment section).
Good luck.
Regards,
Larry
Hey Larry,
The blog is amazingly informative. Thanks for all the work you’ve put into it.
I recently got a ticket with my motorcycle for a no standing zone. Long story short, the no standing zone sign had be obscured by some scaffolding on the building I had parked in front of.
On the ticket, I went through your checklist of all the items that must be correct for a valid ticket in NY State, which brings me to my question.
Although the plate number, registration expiration, etc are all correct, under vehicle body type there is the code MCC. In previous posts you’ve mentioned that body type must match the vehicle title (in this case MCY, not MCC).
I’ve scoured high and low for a list of what MCC might be, and found a reference to Mobile Car Crusher (which my bike is not:-).
In your opinion, is this enough to beat the ticket?
Thanks in advance,
Ross
Hi, Ross,
I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. Please let me know if you’d still like me to comment.
Regards,
Larry
Hi Larry,
Thanks for the note. Hope you had a great visit with your family!
I would love to hear your thoughts. I’ve done a bit of additional research and although I haven’t found any legislation that clearly spells out the appropriate body type codes for all vehicles, I did come across the Department of Motor Vehicles “Dealer Plate Issuance Manual” which states that ‘MCC’ is defined as Mobile Car Crusher, and ‘MCY’ is Motorcycle.
I’m planning on submitting my case shortly, but would greatly appreciate your thoughts. I think I can win this one, but would like to hear if it’s worth the extra trouble of outlining the case about the obscured No Standing sign.
A huge thanks in advance.
Best,
Ross
ps see here the link for the Dealer Plate Issuance Manual https://dmv.ny.gov/forms/mv461manual.pdf
Hi, Ross,
Kudos for the hard work and passion to right a wrong.
The parking ticket judges know that a motorcycle’s:
Plate Type-“MOT”
Body Type-“MCY”
I would ask the judge to take judicial notice of this commonly known and universally agreed on description of the body type of a motorcycle is “MCY.”
Let me know the outcome.
Good luck.
Regards,
Larry
Thanks much Larry, just submitted my case online. I’ll loop back and update once I get the judge’s decision. Keep up the great work, your blog is an information goldmine for anyone who parks in NYC!
Quick follow up Larry. Just got my decision and the ticket was dropped. Thanks for your advice and guidance along the way!
Hi, Ross,
I am thrilled to hear the good news.
2018 has been very good so far.
Congratulations, champ.
Thanks for sharing the victory.
Regards,
Larry
I recently got a ticket for no standing when I parked my car at the end of the block. All the way on the opposite end is a no standing sign but I didn’t see it. After the sign there is a curb break in the street for a driveway, then a fire hydrant, and then typically three cars can fit beyond that to the end of the block where I was parked. People park here all the time and don’t get tickets! I plead not guilty and sent in photos even showing that I was adhering to alternate side parking rules by showing the sign on the opposite side of the street but the judge said that my evidence was not credible because it did not clearly show all the posted signs on the entire side of the street where parked, cited address or street name. I now want to appeal. Could I argue that because of that break in the street and fire hydrant the no standing sign only applies to the first half of the block? Could I mention that I have parked in that same spot multiple times before without getting a ticket? Could I argue that I was following alternate side parking rules? SOS please help! thanks in advance for your reply.
Hi, Kenzi,
I’m sorry to report that I am no longer answering questions on the blog.
Just a little too much for this old guy to keep up with.
Good luck.
Regards,
Larry
Hi,
I was wondering if I can win this situation? I parked by Prospect Park. I had only seen one no standing anytime sign not the other one so I parked behind one thinking that it was a parking spot but evidently since there are 2 signs you can’t park between them. There should have been a double arrow sign or the two signs should have been pointing towards each other. This is a parking ticket trap because I wasn’t the only one to receive a ticket that afternoon.
Hi Nadira,
Good afternoon.
Sadly, “A Parking ticket trap” is not a winning defense.
I would check for omitted, misdescribed, or illegal required elements. If you find one or more, you win, subject to submitting the proper proof, properly.
Good luck.
Regards,
Larry