How to beat 3 NYC Parking Tickets for “Obstructing”

Last Updated on January 7, 2016 by Lawrence Berezin

3 NYC parking tickets for obstructing…

Over the past couple of weeks, I received a number of telephone calls from website friends asking about parking tickets for violating VC 49, which prohibits, “stopping, standing or parking alongside or opposite any street excavation or obstruction and thereby obstructing traffic.” Frankly, VC 49 aka 4-08 (e)(6), is new and news to me. This is one of the obscure parking tickets that the warriors dug out of their bag of tricks to issue to the driving public during the blizzards.

One of our friends, Vickie, received a parking ticket for VC 49 when she parked alongside a snow-covered roadway in front of her home, and the rear of her vehicle extended partially into the traffic lane. Does a snow bank qualify as an obstruction? Did the portion of her vehicle that extended into a traffic lane “obstruct” traffic? The proof is in the picture.

Obstructing traffic in an intersection

I received a telephone call from Joe, from the Bronx. Joe was issued a parking ticket for a violation of VC 9 for parking in such a manner as to obstruct traffic in the intersection. VC 9 aka “Blocking the Box,” aka 4-08 (e)(12) states:

“When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn, unless there is adequate space on the opposite side of the intersection to accommodate the vehicle the person is driving, notwithstanding the indication of a traffic control signal which would permit the person to proceed”

VC 9 is a “moving” parking ticket. It does not cover parking your vehicle in such a way as to obstruct traffic. It prohibits you from driving into an intersection unless the “coast is clear” on the other side. Joe is a winner because he was charged with the wrong parking crime in a warriors haste to win snow warrior of the month

Stopping, standing or parking in a traffic lane in violation of VC 45 aka 4-08 (e)(1)

VC 45 prohibits ” stopping, standing or parking in a traffic lane; or if a vehicle extends more than 8 feet from the curb, obstructing traffic.” There’s that nasty “obstructing” word again. Here is a link to the NYC DOT Traffic Rules and Regulations (Chapter 4)

4-08 (e)(1) states:

Stopping, standing or parking “in any lane intended for the free movement of vehicles, except a lane immediately adjacent to the curb, unless such lane is designated by signs as a traffic lane, and except as otherwise provided in subdivision (f) paragraph (1) below. In no instance shall a vehicle extend more than 8 feet from the curb.”

If I were to go over to the dark side and become a parking ticket warrior, I would have issued Vickie a parking ticket for a VC 45 violation, instead of VC 49. Maybe the warrior wanted to issue a parking ticket with the words obstruction and obstructing in the same violation.

Can you name another parking violation that prohibits obstructing? Here’s a hint, it is a $165 parking ticket.

Take-aways:

• Always check your alleged parking crime against the parking sign. The rule displayed on the parking sign must match the rule entered on your parking ticket. If not, case dismissed!
• Always make sure your alleged parking crime matches your alleged bad parking behavior. Vickie and Joe’s parking behavior did NOT match the parking rule they were charged with violating. Cases dismissed!

Here is a link to a list of all the NYC DOT violation codes.