Last Updated on July 23, 2017 by Lawrence Berezin
The background of the new NYC parking law
Robert, a great friend of ours, arrives home at 9 P and parks his car legally in the same area he’s been parking for the past ten (10) years. The next day Robert returns to his car to find a bright orange epistle on his windshield charging him with a violation of a new parking rule displayed on a brand, spanking new parking sign; which was installed by the City that never sleeps, AFTER Robert parked his car the prior evening.
You can imagine Robert’s outrage when he found the parking ticket and the brand, spanking new parking sign. Is there no justice?
The NYC Council to the rescue
On November 16, 2009, the NYC Council passed one of the best parking laws, ever. It was signed by Mayor Bloomberg on December 7, 2009, with an effective date of March 21, 2010. My best, most favorite part, is the provision permitting a member of the driving public, who receives a NYC parking ticket within five (5) days of the installation of a brand, spanking new, parking sign, to fight the parking ticket by raising the installation of a new sign with a new parking rule as a defense.
In other words, you simply prove your parking ticket was issued within five (5) days of the installation date of the new parking sign with the new parking rule, and your parking ticket will be dismissed.
Other provisions
In addition to my best, most favorite provision, here are some other great provisions contained in the new law:
- The DOT is required to post notices in the affected area of the new sign, indicating the effective date of the change
- Within one (1) business day of the change, notification of the new restriction must be posted on the DOT website
- Before the department makes temporary parking restriction changes due to road repairs, it is required to post the temporary rule changes and a notice that NO notice of parking violations shall be issued during the period of such changes. If a vehicle is missing on the street, a notice is required to be posted advising the motorist it may have been towed and to call the local police station to ascertain its whereabouts
- There are also notice requirements when parking restrictions are changed due to filming, parades or street fairs
I love New York
Bravo! This law is LONG overdue. A breath of fresh justice
Is there a faster way of proving the parking sign was newly erected outside of using a FOIL request?
Dear Simon,
Good morning.
Great question.
I’m going to check in with the DOT and see if there is a faster way to get this important information about new sign installation.
If I find a faster way, I’ll add the question and answer to our FAQ’s.
Best,
Larry
Its great that the law requires DOT to post notices in the affected area of the new sign, indicating the effective date of the change and update their website. The problem is, the DOT completely ignores this. They just installed anew no standing signs on my street two weeks ago. I got slapped with the $115 fine the same day they installed the sign. There was no notice, and the website still does not reflect the change! Then they respond to my FOIL request, saying it could take up to 90 days to send me the records on the installation of the new sign, but I have 30 days to respond to the ticket! This city does nothing right for its citizens!
Mike,
I hear you loud and clear.
Makes no sense.
Larry
Hi Larry
Where can I find this official Rule? I’d like to cite it when fighting a parking ticket for the same issue. I am looking at Title 34 Chapter 4 of the NYCRR but can’t seem to locate it.
Thanks!
Michelle
Hi, Michelle, I am unable to reply to blog comments for the next few months. My old batteries need a recharge. Sorry, Larry.
I parked my car there for the past 6 years. And got a ticket because the sign was changed. I’m not sure when it was changed it might have been that day or shortly before. How can I find out when it was changed. I need to fight that ticket it’s 95 dollars.
Hi, Luis,
Good morning.
I have the same problem. The answer is to make a FOIL request for the date of installation. But, the challenge we face is that by the time we get the answer, our ticket is in default.
I’m sorry I can’t be more helpful.
Good luck.
Regards,
Larry