Is my Pick-Up Truck Properly Registered as a Passenger Vehicle?

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An NYC parking ticket pick-up truck story

I received a telephone call from Joe, one of New York City’s brave firefighters, with a parking ticket question. He parked his Toyota Tacoma pick-up truck around the corner from the firehouse on Sunday. The Tacoma was a personal use vehicle with an unladen weight of fewer than 5,500 pounds and registered as a passenger vehicle.

When Joe returned to his Tacoma, he was graced with a bright orange epistle on the windshield. A parking ticket warrior charged him with the status violation of “Standing or parking a vehicle which is not properly registered.” The parking ticket warrior entered “Uncapped passenger vehicle” in the comments section of the parking ticket.

Joe asked me, “Can I beat this parking ticket? Does my passenger pick-up truck with an unladen weight of fewer than 5,500 pounds require a cap to be properly registered?”

When you’re right-FIGHT

To cap or not to cap is one of the mysteries of the universe. I’m going to throw my thinking cap into the ring and share my humble opinion.

Joe was charged with a violation of VC 83/ 34 RCNY (j)(1). 34 RCNY (j)(1) provides:

“No person shall stand or park a vehicle bearing a New York license plate or plates unless it is properly registered in accordance with the laws and rules of the state of New York”

The NY DMV “Information for pick-up truck owners” Guide provides:

Choice of Registering as Passenger or Commercial- Pick-up trucks with an unladen weight of 5,500 pounds or less, that are used as a personal vehicle, may be registered in either the commercial or passenger class. In either case, you will pay a commercial registration fee, along with any commercial use tax applicable to your county (form MV-202C).

There is absolute, positively, no none nada, mention that Joe’s pick-up truck must be capped to be properly registered as a passenger vehicle.

Present the proper proof, properly

I recommend that Joe fights his parking ticket by mail, or in person. I suggest submitting a weight ticket, or some official document setting forth the exact weight of Joe’s pick-up truck, and his registration; along with an affidavit, certification, or letter presenting his case (along the lines of the information contained in the above paragraphs of this article).

I am keeping my gnarled, old, arthritic fingers crossed for a dismissal of Joe’s parking ticket. I hope soon, so I can uncross my fingers.

NY DMV Part 106.6 describes the circumstances under which you can register a pick-up truck in the passenger class. This is stuff you should know, if you own a pick-up truck and plan to park it in NYC. Simply click on the image below…