Last Updated on May 22, 2016 by Lawrence Berezin
I love the coverage Fox5 News gives unjust passenger and NYC commercial parking tickets
Fox5 News has railed against illegal NYC parking tickets for parking in front of “legal” pedestrian ramps, the improper reserving of our precious parking spaces, blocking the box chaos, and other inequities foisted upon the driving community in New York City.
In a recent report, Fox5 News highlighted the impact of parking tickets on small businesses in NYC. During the report, I’m afraid certain “confusing to begin with” parking rules may have been misinterpreted. For example, one gentleman spoke out against parking tickets he received while parking in a “No Standing except trucks loading and unloading zone.” Mr. Moscowitz maintained that commercial vehicles are permitted to take up to 3 hours to make expeditious deliveries or service calls.
The owner of a small appliance repair business, who received a parking ticket, claimed the NYC parking rules permitted service calls to take up to three hours.
Fox5 News took a look at the NYC DOT Website
Fox5 News agreed with the two business owners and pointed to the rules published on the DOT website pertaining to deliveries and service calls…Check out the video
First, the commercial parking rules displayed on the New York City DOT website were misinterpreted. The rules do not provide that a commercial vehicle may take up to 3 hours to “expeditiously” make deliveries or service calls. Let’s take a closer look at the rules:
It is with great sorrow that I suggest:
- The 3-hour limit referred to on the DOT website pertains to special Midtown Manhattan parking rules. It does not apply generally to making deliveries or service calls in a no standing except commercial vehicles loading and unloading zone
- There is a 3-hour street storage rule for commercial vehicles that prohibits parking (stopping or standing) a ccommercial vehicle in one parking space on the street for more than 3 hours
- It is a ritual for the Evil Empire to consider “expeditiously” (in the context of the time allowed commercial vehicles to make deliveries or services calls) to mean 30 minutes
- However, the parking ticket judges apply “expeditiously” to the facts of the particular delivery or service call
- The parking ticket warrior was correct in her statement that a commercial vehicle can park for up to three hours in a metered parking zone with a time limit of 3-hours or more. However, a commercial vehicle cannot park longer than 3-hours, regardless of the time limit, because it will get hit with a street storage parking ticket
- Therefore, you may be issued a parking ticket for taking more than 30 minutes per delivery or service call, but you should fight the parking ticket with an affidavit and work document explaining why it took longer to complete the commercial activity…You win- most of the time
- The No standing except trucks loading and unloading rule [34 RNYC 4-08 (k)(2)] does not limit the time a commercial vehicle may spend loading and unloading. As mentioned above, whether the commercial activity was performed “expeditiously” is a question of fact. It is incumbant upon us to make our case.
What do you think? Did Fox5 get it right? (I wish).
These parking rules are confusing. If your business makes deliveries and service calls, and you have some questions about interpreting these byzantine rules, please call me or sign up for a free consultation. It’s my pleasure to guide you and your business through these onerous rules.