Last Updated on August 12, 2023 by Lawrence Berezin
Have you ever been ambushed by temporary parking restrictions?
Joe finished his second cup of coffee and headed to his car to drive to work. Joe parked overnight one-half block from his house on the opposite side of the street. When Joe arrived at last night’s parking space, his car was gone. Joe saw a temporary parking restrictions sign taped to a tree next to his empty parking space.
Has this ever happened to you?
How to beat a parking ticket for violating a temporary parking restriction
The first step is to take photographs of the paper parking sign, including:
- A close up of the paper sign so that the lettering is totally legible
- Photographs showing the location of the paper sign (either overlapping and/or with house numbers in the background)
- Photographs showing the street name
The next step is to compare the paper parking sign with your parking ticket:
- The identity of the authorizing agency is required to appear on the paper sign, if not you win
- Does the parking violation appearing on your parking ticket match the parking restriction appearing on the parking sign? If not, you win
How to use the parking law to win
New York City Administrative Code(NEW)
§ 19-175.2 Notification of changes in parking restrictions.
a. Following any permanent change in parking restrictions posted by the department, the department shall post a notice, in the affected areas, indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
b. Before the department makes temporary parking restriction changes to conduct road repairs, it shall post notice of the effective date of such restrictions [as soon as practicable]. Such notice shall state that [no notice of violations shall be issued for violations of such temporary parking restrictions ] and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle. (Emphasis added)
New York City Administrative Code(NEW)
§ 19-175.1 Publication of parking restrictions.
a. The commissioner shall make available on a website information about parking restrictions implemented by the department in the city of New York. Such website shall be searchable by each city block.
b. Whenever there is a change in parking restrictions adopted by the department at any time after the department has completed such sign information system referred to in subdivision “a” of this section, and implemented by the department using conventional signage, defined as mounted metal signs, whether permanent or for construction, the commissioner shall update such website as soon as practicable to display the new parking restrictions.
c. No fee shall be charged for the use of the existing website or separately created website referred to in subdivision “a” in this section which has the parking restriction information required pursuant to
this section.
d. The commissioner is directed to place a notice on such website advising members of the public to check posted street signs for compliance with laws and rules.
I would refer to this section of the NYC Administrative Code (19-175.2) and argue that posting a temporary parking restriction sign on the morning of or evening before the restriction went into effect is not as soon as practicable unless it was an emergency repair.
I would argue that the law prohibits issuing parking tickets for violating temporary parking restrictions.
Here’s a link to our “Resources” page. Click on the first red button to be transported to the NYC DOT Parking Regulations Map referred to in this law.
Customer success story: The sweet smell of victory
Here are the exhibits I used to beat a client’s parking ticket for violating a temporary parking restriction for “NO STANDING.” You’ll notice that the temporary paper sign prohibited “PARKING” not standing.
These exhibits show how to present the proper proof, properly to authenticate the paper parking sign and its content and location (matches the place of occurrence on the parking ticket).
Commentary
You park your chariot at night in a legal parking space, and wake up the next morning to find your car gone. This evil practice should be stopped (there is a bill pending before the city council requiring 24-hours notice of temporary changes in parking restrictions).
There are a number of ways to fight back against the Evil Empire’s unreasonable grab for your bucks by following the steps outlined in this article.
The challenge we face with this unconscionable practice is that the law permits towing your chariot. It simply states that information about its whereabouts has to be posted.
On the other hand, if you are illegally issued a parking violation, it may be better to fight the parking ticket; because, if you can formulate a winning defense you’re entitled to a refund of your tow charges (while if no parking violation is issued, you’re not entitled to a refund of tow charges).
I’d love to hear your thoughts on the subject. Please share your thoughts and stories.
[Larry’s note: These principals apply equally to paper and metal temporary parking restrictions signs].
Hello, can you please cite where in the NYC statue shows this? “The identity of the authorizing agency is required to appear on the paper sign, if not you win” Thank you!!
Dear Leanne,
Good morning.
Did you get a parking ticket because of a violation of a temporary paper sign?
Looking forward to your reply
Regards,
Larry
Hello, i recently received a ticket for NO Parking anytime….and underneath that is an orange addition of Temporary construction regulation….the address is front of 27-03 43rd ave Qns n.y…..when i looked for it on the DOT website this sign didnt exist , what was shown no no parking 7am to 7pm Mon -fri,,,i got the ticket on Saturday at 6:03 am. I contested at DMV and lost the judge stating That ” the DOT”s website is not a valid defense NYC traffic rules require vehicle operators to read and adhere to all restrictions posted on signs” ! Is this sign Legally Placed has it expired???? why did i Lose??/ thx for any help here
Hi, Gary,
Good afternoon.
Temporary construction regulations are very challenging to understand or defeat.
Although the DOT Parking Regulations Map is supposed to accurately list all parking signs within 24-hours of installation. It doesn’t. Especially not temporary construction signs.
I generally ask my client to take some photographs of the signage regulating the place of occurrence (hopefully time-stamped). I also compare these photos of the signage with Google Maps street view and the DOT map to see if I can confirm the signage using these second resources.
When it comes to temporary construction regulations signs most judges will not accept the results we find on the DOT Parking Regulation Maps.
These temporary construction signs come and go. If they go before you can prove it ever existed, you need to make a FOIL request. But, generally, we don’t get the results in less than 100-days.
Regards,
Larry
Thanks for this article. I recently got a ticket for parking at NO PARKING TEMPORARY CONSTRUCTION. Underneath in tiny prints say Dept of transportation. I’ve seen cars parking here and I’ve been doing the same for a few months now. This is obviously not a legit sign. Two weeks ago, some guy told me not to park there unless you have a disability parking sign like he does. I know for a fact that you can still get a ticket at a legit NO PARKING with a disability parking sign. I ignored him and the next day I got a ticket. It’s been at least a year that I noticed people parking here with no tickets so I’m sure this guy was fed up that people got smart and taking up his parking spots; so he called the cop on us. I fought it and it was dismissed. I didn’t mention the section codes. I feel that pisses them off.
HI, Gemma,
Kudos for fighting when you’re right! There are so many gimmicks and schemes involving parking spaces in NYC. I’m glad you fought and won.
Thanks for sharing your story with us.
Regards,
Larry
How did you fight it?? What did you say? Im having the same issue ..
If i get a ticket for parking in a temporary construction area as a construction worker on that specific job, is there a way out of the ticket?
Hi, Nick,
Good morning. Great question.
Generally, no. But, there are construction projects that require a lot of time to complete in a specific area. The company may apply for permits so their workers can park without getting tickets.
Otherwise, if you get a parking ticket, always check for omitted, misdescribed or illegible required elements. If you find one or more, you win, subject to presenting the proper proof, properly.
Good luck.
Regards,
Larry
Got ambushed. I legally parked my car on a Sunday morning and then a clown came by and placed a Temporary Construction No Stopping sign over the regular parking rule sign. A summon was issue exactly 3 hours after I parked the car legally at that location. I went to NYC.gov website to review Street Closure and the location was not listed for construction the day (Sunday) or the day after (Monday). Printed it and brought it with me as proof to my in-person hearing. I plead not guilty and claimed the Temporary Construction No Stopping sign was place there after I legally parked and that the sign was placed there improperly on the day & time when the summon was issued. Be advised, the ALJ could check his/her computer for construction activities in the area of the location. I didn’t even have to use NYC Admin Code (19-175.2) rule. Verdict: ALJ wrote: the agency records states the location was scheduled to begin construction over 2 days after summon issuance.’ Not Guilty verdict.
Hi, Chuck,
Great story! Wonderful outcome!
It is scary the games some rogue Warriors play with issuing a parking ticket.
Kudos for fighting when you were right.
Regards,
Larry
What if the car was just towed and no ticket was issued, how can I sue for the towing costs?
Hi, Sonia,
Why was your chariot towed?
Regards,
Larry
Thanks for creating this blog. I am in the middle of appealing a decision from HBW by an ALJ. I parked on Park Place near the WTC Memorial the weekend before Veterans Day. I got a ticket for a Temp Const Reg. I took a photo of where my cat was parked with view of the entire street and even screenshotted Google Maps to show that there is no sign alongside the street. ALJ said the pictures weren’t enough and that I didn’t say I checked thoroughly so I’m guilty. Well, I read this blog and looked up the DOT site. Turns out, even if there was a sign, according to the Office of Permit Management, that company’s permit wasn’t issued until the following day and the permit for the Temp Const Reg signs weren’t valid until 4 days after that: a full six days after my citation was issued. This typical malarkey doesn’t surprise me at all, if there was a sign placed by these contractors, they put it up too early and illegally. It wasn’t valid. They do this all the time. I can’t wait to appeal this with my conclusive evidence in hand! Saves me $115 of my hard earned money to The Man.
Hi, CJ,
Great story! Thanks for sharing.
Please let us know the outcome of your appeal.
Regards,
Larry