Here’s how you can win NYC parking tickets for double parking
I was driving my wife to the doctor’s office, and double parked to let her exit the car. In the blink of an eye, a NYC parking ticket for double parking appeared on the windshield of my car.
Here’s another story. I was stopped for a red light in the middle lane of a roadway containing 3 traffic lanes in my direction. The lane to my right, which was located curbside, was filled with parked cars. I was stopped alongside one of the parked cars. Wham, bam, thank you warrior, I was issued a parking ticket for double parking.
Why was I issued a parking ticket for double parking under these circumstances?
Definition of double parking
I wrote an article for Larry’s Blog about the critical importance of learning the definitions of “parking ticket terms,” The answer to this question can be found by looking at the definitions of key parking ticket terms. Here we go.
Double Parking: “Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, ‘double parking’ “
Standing: “The stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers”
Parking: “The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers”
Temporarily: Generally construed to mean, two minutes or less
Is the picture becoming clearer? According to the above definitions, you are not standing or parking while actively engaged in receiving or discharging a passenger. Ergo, you are NOT double parked.
When you’re right-FIGHT!
You may be issued a parking ticket when you stand your vehicle on the roadway side of a vehicle, stopped, standing or parked curbside; even if you are receiving or discharging a passenger. There are some parking ticket warriors who will zing you with their scanner; even though you are engaged in a legal activity.
If you get a NYC parking ticket for a violation of Code 46: Double Parking, presenting the proper proof, properly will save the day.
- If you see a warrior in the rear view mirror, or standing nearby and suspect she may zap you with her scanner, take photographs with your cell phone camera of your passenger exiting your vehicle
- Obtain evidence from your passenger establishing the reason he was dropped-off or picked-up at the location where you double parked
- When you stop your vehicle, do not turn off your engine; keep your foot on the brake; and get a move on immediately after your passenger exits or enters your vehicle
- When you contest your NYC parking ticket, tell you story in the form of a notarized affidavit; your passenger’s story in a notarized affidavit or certification; document your stories with some demonstrative evidence, such as; a purchase receipt, doctor’s note on her stationary confirming a visit, etc.
Do not:
- Double park in Midtown between 7 a.m. and 7 p.m.
- Double park where STOPPING is prohibited
- Double park while loading or unloading property to the curb
- Double park and wait for your passenger to complete his mission
- Fight your parking ticket without presenting the proper proof (Affidavit, certification, photographs & evidence showing the reason you dropped-off or picked-up your passenger
- Fight you NYC parking ticket without explaining that stopping temporarily to pick-up or discharge a passenger is a defense to double parking (citing your source whenever possible)
Double parking is not an easy ticket to beat. There are still judges and warriors who believe double parking is always illegal for passenger vehicles. Follow the above road map and you will maximize your chances for success.
[Larry’s note: There are 2 schools of thought about double parking. The DOT website FAQ says it is always illegal to double park. On the other hand, the DOF Adjudication Division in its brochure, “Got Tickets?” Your Guide to Parking Ticket Hearings, page 14 reflects that “I was dropping-off or picking-up a passenger” is a defense to double parking. In addition, a highly respected expert, former parking ticket judge, Haskell Nussbaum unequivocally states in his book, “Beat that Parking Ticket,” dropping-off or picking-up a passenger is a defense to a double parking ticket. I am trying to secure an explanation and resolution of this obvious conflict between the DOT vs. DOF and former judge, Haskell Nussbaum. Stayed tuned. More to come.][Larry’s follow-up with the NYC DOT:
The DOT still maintains the position that a passenger vehicle can never, ever double park anywhere in our fair NYC. However, the DOT is unable to reconcile or resolve the conflict between the DOT position on passenger vehicle double parking and the Evil Empire’s Adjudication Unit’s position set forth in its brochure referred to above. I strongly believe that the opinion of former judge, Haskell Nussbaum correctly states the rule and its application on double parking].
Lawrence Berezin
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The anti- double parking camp says a passenger vehicle can never, ever double park. While the other side maintains that double parking is legal under certain circumstances.
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Hi, It happened today.
me and my brother always go to place to pick up grocery which we already ordered over phone from the shop located at neptune ave and brighton 7 street in brooklyn, ny.
We already had ordered what we wanted and whole thing might have taken over 2 mins and less than 2.5 mins
i was in back seat he was a driver. Me feeling tired from donating blood just 1 day ago i tell him to go get it. He goes out cross the street and start paying for it. i can see him, then a police officer or someone comes and put the ticket on windshield. I didn’t even understand what was happening.
He got out crossed the street and there is ticket being placed. ..was he stalking us?
I tell him i’ve a license too, only thing was i wasn’t at the driver seat.
i show him that my brother is right there less than 20 feet away. but nope didn’t hear anything
we bought groceries that costed $35. Ticket was $120.
Should we fight it? regulations like these seems impractical. Btw, it was during weekend near evening, so roads were pretty empty.
points:
driver outside from car 2.5 mins
another driver in the car
driver visible all the time and can talk
little traffic
norm at that place… its like all shops there people stop pick up and go.
If you really can’t stop at all for no reason then how 1 person is supposed to take off his stuff. Suppose there is a single person driving a car and doesn’t have a luxury of having his own garage. He stops front of his building take load off his stuff to curb and put it all just inside the main door and go find parking. But since this is already double parking… does it mean the ‘legal’ way to do this would be find parking, may it be 2 blocks away. Bring stuff to house, go back then bring again, and then go back again and so on.
Dear Techs,
Good morning.
All the points you raise are thoughtful and wise.
Sadly, the parking rules aren’t thoughtful or applied wisely.
The general rule is that you are permitted to stop temporarily to drop off or pick up people/things in no standing and no parking zones, as long as there is a driver seated behind the wheel.
In a no standing zone, you can’t pick up things; however, you can pick up people and their things in a no parking zone.
The rule is harsh and applied harshly.
Your best chance of beating this nasty ticket is to find an omitted, misdescribed, or illegible required element. If you do, you win, upon application.
Good luck.
Best,
Larry
I received a violation for temporarily not being in the car when dropping off my asthmatic daughter at Daycare on a day that we had a wind advisory and it was cold. I was in the daycare less than 2 min and received the violation for 4-08(f)(6). Do you have any suggestions?
Hi C,
Sorry to hear about your parking pain.
My suggestion is to check for omitted, misdescribed or illegible required elements on the ticket. If you find one or more, you win subject to presenting the proper proof, properly.
Good luck.
Regards,
Larry
My husband got a ticket for double parking while we were trying to leave NYC for Memorial Day. He pulled up in front of our building and loaded our car with luggage while I tried to put my three young boys into their carseats. We got a double parking ticket while we were all standing there, me buckling my two year old son in while my husband was loading the back of the car! This seems impossibly unfair… is there anything I can do to dispute this?
There was no way my husband could have sat behind the wheel while I put my boys into their seats one by one and then load the car with all our luggage.
Hi Dee,
Sorry about the double parking pain.
There are two views about double parking in NYC:
1) Majority….It is always illegal for passenger vehicles to double park (Evil Empire)
2) Minority…Double parking is a no standing violation. Ergo, you can stop temporarily and expeditiously drop off or pick up people, but not luggage, groceries, etc (“things”). (Many parking ticket judges, and Larry B…that’s me).
It is a stronger case when a driver remains seated behind the wheel, but I would argue that the circumstances dictate whether you can leave the car “driverless,” and still meet the requirement of an “expeditious” drop off or pick up. For example, if my 98-year-old Aunt Tilly needed me to help her get out of the car, or your husband helped to get your children safely secured in their car seats.
Good luck.
Regards,
Larry
Can i avoid parking tickets by asking my friend who is not licensed to sit behind the wheels during the ASP cleaning hours.
Hi Rajib,
Good morning.
It is not legal to park a chariot on the restricted side of the street during street cleaning hours, regardless of whether you or any licensed driver is sitting behind the wheel. The Warriors and cops mercifully don’t issue tickets most of the time.
Since the theory of having a licensed driver sitting behind the wheel is to move the car when the street cleaner approaches, what would be the point of having an unlicensed driver sitting in the driver’s seat?
Regards,
Larry
If I sit in the passenger seat while my friend(who is the driver) make a quick delivery, will he not get a ticket?
Hi, Deja,
Good morning.
Sorry, not good enough.
-First of all, you can’t drop off stuff in a no standing zone. Period.
-Second, assuming it is a no parking zone, the defense is that you stopped temporarily to expeditiously drop off a person (and stuff) and left immediately. How would you be expeditiously dropping off if and leaving immediately if you’re sitting in the passenger seat?
If a warrior walks by or pops out from under a hot dog truck, you’re toast. Ca-ching.
Regards,
Larry
Hello Mr. Berezin,
Is it possible to get a ticket for double parking a passenger car dismissed if it was issued in Midtown, but for code 46 instead of 47? Can wrong violation as written on a summon, be used as defense?
Thank you
Hi, Sam,
Good morning.
Great thought. I would certainly give your defense a shot (refer to 4-08 not the VC in your defense presentation).
The double parking rule does not exclude Midtown in deference to VC47. I think a Warrior has a choice here of hitting you with a double parking ticket or a ticket for parking a passenger vehicle in an area restricted to commercial vehicles. Both rules apply.
With that said, I’ve never raised your defense theory. Why not give it a shot? If you do, please let me know the outcome so I can share it with our community.
Regards,
Larry