Last Updated on October 8, 2017 by Lawrence Berezin
Parking ticket questions from the driving community help us learn
I receive many parking ticket questions from the wonderful members of our driving community that help me understand the driving public’s parking ticket pain points. If you understand that learning the laws and rules regulating the curb space in NYC will save you money, you’ll find a treasure trove of helpful information in the comments to Larry’s Parking Ticket Blog posts. For example, Vivian recently posted this conundrum:
This is a different subject hoping you can help me out also this happened in Yonkers. I drove around a public parking lot looking for an open parking space. I found some shoppers loading up their car, pulled up, and waited patiently for them to leave. It was a handicap space and I prominently put my permit in the mirror.
My family and I then got out of our car and went inside to shop. Upon returning I found a ticket affixed to my windshield for double parking or obstructing traffic and the fine was $105. My question is since when do you get a ticket for waiting for a vehicle to leave a parking spot.
Any help would be greatly appreciated
Posted @ Tuesday, February 05, 2013 7:48 AM
What are the applicable parking ticket rules?
[alert type=”info” icon-size=”hide-icon”]4-08 (e)(1) Traffic lanes:[/alert]
“4-08 (e) No person shall stop, stand, or park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer, or as otherwise provided in this subdivision:
(1) 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 nearest curb.”
[alert type=”info” icon-size=”hide-icon”]4-08(f)(1) Double parking:[/alert]
“4-08 (f) General no standing zones (standing and parking prohibited in specified places). No person shall stand or park a vehicle in any of the following places unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer:
(1) On the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited, while expeditiously making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on either side of the street within 100 feet that can be used for such standing, and provided further that such standing is in compliance with the provisions of §1102 of the State Vehicle and Traffic Law.
A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. For the purposes of this paragraph (f)(1), ‘expeditiously making pickups, deliveries or service calls’ shall mean that any period of inactivity at the pick-up, delivery or service-call location does not exceed 30 minutes.
However, such definition shall in no way limit the discretion of the Department of Finance Adjudication Tribunal to determine whether a violation of this paragraph has occurred.”
When you’re right-fight your NYC parking ticket
I urge you not to react emotionally to an NYC parking ticket. And, please find a place to bury your anger when it’s time to write (hearing by mail or online) or deliver (in-person hearing) your defense. With that said…Why would a warrior issue a parking ticket to a vehicle waiting for another vehicle to vacate a handicap parking space in a public parking lot? Are they nuts?! Oops, sorry about that.
But, c’mon man, how about exercising a little common sense and compassion.
First question, was our heroine blocking a traffic lane while she was waiting for the car to vacate the handicap space? Technically, maybe (if there was only one travel lane in the aisle of the parking lot containing the handicap spaces). However, if there was sufficient space for another vehicle to safely pass our heroine’s vehicle while she was stopped, I would argue that Vivian was not blocking a traffic lane, especially since this alleged parking violation occurred in a parking lot, and not on a public roadway.
I would argue that the intent of (e)(1) was to prohibit a commercial vehicle from double parking when the commercial vehicle extended too far into the roadway and blocked a travel lane. Or, when a motorist stopped in a travel lane to either wait for another vehicle to vacate a parking space, or illegally double park (a private vehicle) too far from the curb. I suggest you submit pictures to prove that another vehicle could have easily passed by Vivian’s vehicle.
What if the parking ticket was for double parking while waiting for the handicap parking space?
Check out the definition of “double parking.” Generally, handicap parking spaces in public parking lots are “head-on” parking. Did Vivian stand or park on the “roadway side of a vehicle stopped, standing, or parking at the curb?” Probably not. Where’s the curb? No curb ticket dismissed. Vivian wasn’t standing or parking on the roadway side of a vehicle if there was no vehicle parked NEXT to the handicapped space.
Again, I would argue that stopping in a public parking lot while waiting for a vehicle to vacate a handicap parking space was not the prohibited behavior intended to be eradicated.
[You may be shocked (Nah, how can you be shocked by anything that happens in NYC parking ticket land) to learn that you are technically violating the double parking rule if you stop alongside a vehicle parked at the curb while waiting for a vehicle to vacate a parking space…Bah, humbug!].
I’m waiting with bated breath (with what breath is left in this arthritic old body) to hear from you guys. Guilty or not guilty? What defense(s) would you raise on behalf of our heroine?
If I was the parking ticket judge for this case, I’d throw the double parking ticket out with the dirty water.
Don’t just sit there, reply.
You may wish to check out this FREE Download if you might ever think you’ll lose a parking ticket fight and appeal. Good luck: