Last Updated on September 19, 2017 by Lawrence Berezin
I regularly read the NYC parking ticket rules from “cover-to-cover.”
I am always amazed that some of the NYC parking ticket rules are clear and concise while others are simply a lump of confusing verbiage.
However, there is a wealth of enlightening information in the first 8 parking ticket rules (#7 is too confusing).
In today’s blog post, I’m going to take a look at the beginning of the rules and share some impressions wit chu. So, here it goes:
The NYC Department of Transportation Rules
(a)(1) Compliance with rules. No person shall stop, stand or park a vehicle, whether attended or unattended, other than in accordance with authorized signs, pavement markings, or other traffic control devices, unless necessary to avoid conflict with other traffic or in compliance with law or direction of any law enforcement officer or other person authorized to enforce these rules.
(i) Sign placement. For purposes of this §4-08, one authorized regulatory sign anywhere on a block, which is the area of sidewalk between one intersection and the next, shall be sufficient notice of the restriction(s) in effect on that block.
(2) Stopping prohibited. When stopping is prohibited by signs or rules, no person shall stop, stand or park a vehicle, whether attended or unattended.
(3) Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.
(4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading or unloading property to or from the curb.
(5) Vehicles prohibited on berms and shoulders. Stopping, parking or operating a motor vehicle is prohibited on the berm or shoulder adjacent to a parkway or a highway as specified in §407(i) of these rules, except for emergency purposes
(6) Paper or other temporary signs. Any paper or other temporary signs posted by authorized law enforcement agencies shall supersede all existing posted rules for the days and times specified. Regulations placed inside parking meters by the Department of Transportation so as to cover rate plates and the inside of the dome of the meter shall supersede all existing posted rules for the time the insert remains in the parking meter.
(8) Disabled vehicles. A vehicle that becomes disabled must be pushed to the side of the road so that it obstructs traffic as little as possible, and must be removed expeditiously.
Larry’s translation of the DOT Rules
(a)(i): This is the rule that launches the “far-away parking sign” gotcha. The rule informs unsuspecting members of the NYC driving community that there need be only one parking sign, and it may be placed anywhere on a city block (How Long is a City Block?).
(2) Stopping is prohibited, period! It matters not whether a chariot is occupied, if a parking sign says NO STOPPING, you cannot stop temporarily to drop off or pick up your Aunt Tilly, or for any reason, whatsoever.
(3) Standing is permitted temporarily in NO STANDING zones to expeditiously drop off or pick up passengers at the curb. You must stop, drop, and skedaddle. You can’t wait for your Aunt Tilly to cross the street safely.
(4) Parking is permitted temporarily in NO PARKING zones to expeditiously drop off or pick up passengers at the curb and their stuff
(5) What’s a berm?
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a flat strip of land raised bank, or terrace bordering a river or canal.
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a path or grass strip beside a road.
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an artificial ridge or embankment, e.g., as a defense against tanks.
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(6) Here is one of the biggest “gotcha’s” in the rules. If there is an authorized handwritten note inside the tiny glass enclosure of a parking meter, it trumps all the existing posted rules while the handwritten note remains in the tiny enclosure.
(8) How long is expeditious? It really depends on the circumstances. For example, dropping off a person with a broken leg versus a baby in a car seat versus a track star. But, in my humble opinion, you are going to get a parking ticket when your chariot temporarily dies on the roadway and is moved to the shoulder. In order to beat this parking ticket by raising the “disabled car” defense, you’re going to need a:
- Legitimate note from a mechanic explaining what was wrong and how she fixed it
- Canceled check or paid receipt, paying the mechanic for the repairs
- Proof that the vehicle was towed shortly after it became ill.
If your chariot recovers on its own, without any help from a tow truck or an automobile mechanic, forget about beating the parking ticket.
Commentary
Sometimes it is meaningful to trace a rule back to its home. This activity may shed some light on the why’s and wherefore’s of these cockamamie NYC parking rules.
Since we’re on the subject of rules…How’s your knowledge of NY traffic rules? If you have any questions or get zapped with an unjustified traffic ticket, Matthew Weiss, Esquire is the man to see.
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