Last Updated on October 14, 2021 by Lawrence Berezin
Your car can be booted and towed for the same NYC parking ticket
Can you imagine being ticketed, booted and towed for the same parking violation? In other words, you can park your car in the morning, return to the parking space after a tough day at work, and find a different chariot occupying your curb space. Or, what about parking your car at 1 p.m. and returning at 4 p.m. to find your car is missing-in-action.
Take out a piece of paper and write down a few words that describe how you felt when your brain finally concluded that your car was towed. Would some of the words be:
- All of the above
What you and your brain didn’t know was that your car was probably ticketed, booted, and then towed. Ca-ching (parking ticket fine), Ca-ching ($185), and Ca-ching (another $185).
How can that be?
Is there a rule that authorizes cops and warriors to boot first and tow later (in 2-hours)
I’m afraid so.
Here is the text of the awful rule
4-08 (A)(9) Immobilization and towing of illegally parked vehicles
(i) Time and manner of immobilization. Any illegally parked vehicle found parked at any time upon any public highway in the City may, by or under the direction of any person authorized by the Commissioner, be immobilized in such manner as to prevent its operation, and thereafter may be removed to a tow pound as provided in these rules; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless such vehicle is moved while such device or mechanism is in place.
Larry’s comment_I despise this draconian, money-grabbing, double-dipping rule. The cops can now issue a ticket, call in the boot squad, place a 2-hour notice to remove under the wiper, wait a couple of hours and then tow your chariot.
(ii) Notice. Notice of immobilization pursuant to this paragraph shall be placed in a conspicuous place on the vehicle. Such notice shall contain (A) a warning that any attempt to move the vehicle may result in damage to the vehicle; and (B) the time, place and manner in which the vehicle may be redeemed
Larry’s comment_What good is a notice if you’re at work, or had no intention to return within two hours to read the stupid notice? And, if you are one of the fortunate drivers who returns to his chariot within the two-hour period, good luck racing to pay and remove the boot.
(iii) Immobilization fee. The registrant of an immobilized vehicle which has not yet been removed to a tow pound pursuant to these rules, or any other person authorized by the registrant of such vehicle, may secure the release of the vehicle upon satisfaction of all parking summonses in judgment, if any, for which the registrant of the immobilized vehicle is liable and payment of an immobilization fee of $185.00.
Larry’s comment_The first Ca-ching!
More and more
(iv) Applicable rules. Where a vehicle has been both immobilized and towed, the owner shall be subject to both the immobilization requirements of this paragraph and all applicable provisions of these rules.
Larry’s comment_Ca-ching, Ca-ching!
(v) Right to an immediate hearing. The registrant, title holder or operator of any vehicle that has been immobilized shall have the right to an immediate hearing during regular business hours at the Parking Violations Bureau in relation to the immobilization.
Larry’s comment_Please do not fall for this trick. Do not rush over to a DOF business office and demand an immediate hearing while you’re furious and before you formulate a winning defense. Take a deep breath and do your homework. There’s a bunch of bucks at stake here.
(vi) Removal fee. The fee for removal of illegally parked vehicles to a tow pound shall be determined in accordance with the following fee schedule. Said fee shall be payable before such vehicles are released. (A) The removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle that has a gross vehicle weight less than 6,500 pounds, that may be towed through the use of a single tow truck not weighing more than eight tons. (B) The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or requires either more than one tow truck or a single tow truck which weighs in excess of eight tons, in order to be towed.
Larry’s comment_And you thought college was expensive
(ix) Release of a vehicle in the process of being removed. When a vehicle has been hooked to a tow truck in preparation for removal to a pound but the owner or other person lawfully entitled to possession of such vehicle appears and requests the release of such vehicle before the tow truck is in motion, such vehicle shall be unhooked and released, provided, however, that the person to whom such vehicle is released must execute a binding agreement consenting to pay the vehicle release penalty as set forth in subparagraph (x) of this paragraph (9) within thirty days from the date of such agreement and, in the event of non-payment, to the imposition of additional penalties in accordance with subparagraph (xi) of this paragraph (9);
and provided further that such person present a current valid driver’s license and either registration for the vehicle, title to the vehicle, insurance identification and keys for the vehicle, a rental agreement and keys for the vehicle in case of a rental vehicle, or company identification and keys for the vehicle in the case of a commercial vehicle.
(x) Vehicle release penalty. The penalty for the release of an illegally parked vehicle under the circumstances permitted by subparagraph (ix) of this paragraph (9) shall be $100.00 for illegally parked vehicles which meet the criteria contained in subparagraph (vi)(A) of this paragraph (9), and $200.00 for illegally parked vehicles which meet the criteria listed in subparagraph (vi)(B) of this paragraph (9). This fee is in addition to any other monetary fine(s) and penalty(ies) permitted by law for the underlying parking violation(s); provided, however, that in no event shall a vehicle release penalty be imposed if the underlying parking violation or, in the case of multiple parking violations, all underlying parking violations, is (are) dismissed by the Parking Violations Bureau.
(xi) Non-payment of vehicle release penalty. The Parking Violations Bureau may, in accordance with law, prescribe additional penalties for non-payment of the vehicle release penalty set forth in subparagraph (x) of this paragraph (9) and enter and enforce default judgments for such vehicle release penalty and additional penalties.
Larry’s comment_The Evil Empire’s got you coming and going. No way out.
We can all sit back and endure this grotesque double dip or take action. What’s your pleasure?
Why not send an angry letter to your City Council Representative? There is absolutely no rationale for this bad behavior other than an illegal money grab.
If your car is parked in a location that jeopardizes the safety of people or machines, it should be towed immediately. If your car is parked safely but illegally, then cops and warriors should pick their punishment. Either boot it or tow it.
But, to legalize a boot and a tow for the same alleged parking violation is grotesque.
Please don’t just sit there, take action.