Obstructing a traffic lane is the Evil Empire’s alternative to a double parking ticket
Here’s a rabbit the NYC Department of Finance, Parking Violations Bureau pulled out of their hats. Code 45: Obstructing a Traffic Lane. This code violation was enacted because the driving public was beating a summons for Code 46: Double Parking. With a wave of its magic wand and a puff of smoke, Code 45 magically appears.
Now, instead of writing a summons for double parking; our resourceful parking ticket warriors write a summons for obstructing a traffic lane.
Let’s compare Code 45 and Code 46.
Code 46 is:
- “Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, ‘double parking’ “
- There is no restriction on the distance a double parked vehicle may extend from the curb
- There are a number of defenses you can raise to defeat an NYC parking ticket for double parking. Such as:
- Stopping to drop off or receive passengers
- Making a delivery or service call, if you are a commercial vehicle
Code 45: Obstructing a Traffic Lane is the big, new, hairy, parking ticket monster.
- It prohibits, stopping, standing or parking in a traffic lane; or parking your vehicle extending more than 8 feet from the curb.
- You cannot stop to discharge or receive passengers; nor can you stop, stand or park to make a delivery or service call, if you are a commercial vehicle
How can you fight this big, new, hairy NYC parking ticket monster?
We suggest you look at the front of the NY parking ticket in the space provided for officer’s comments. You have a fighting chance to win, if the parking ticket doesn’t say:
- Vehicle extended more than 8 feet from the curb; or
- The distance your vehicle extended from the curb; or
- There were less than 10 feet for vehicles to pass your vehicle
Is this a slam dunk? Absolutely not. It’s up to the discretion of the hearing official. It’s worth a shot!
Have you had any experience filing an NYC parking ticket dispute for a violation of Code 45? If so, please share the outcome. It will help us all.
Your opinion matters!