Last Updated on September 8, 2023 by Lawrence Berezin
Obey the less restrictive parking sign.
I have been pounding a beat in NYC Parking Ticket Land for fifteen years. However, until recently, I have advised any drivers who would listen to obey the stricter parking sign when two signs collide. In other words, when two or more parking signs regulate the same area, follow the more restrictive sign.
However, the Evil Empire has changed its policy.
Mr. Darth Vader, Supreme Commander, declared that you can obey the less restrictive sign when two conflicting signs regulate the same place of occurrence.
Here’s the Darth Man in his own words:
Where there are two signs posted affecting the same area, but with conflicting restrictions, follow the less restrictive sign
The evil empire
Let’s drill down and extract some valuable information about the Darth Man’s statement.
What does the Evil Empire mean?
Larry’s Guide to Redesigned Parking Signs
True or False? The redesigned parking signs make parking a breeze. Likewise, I understand every sign and have zero questions about its meaning. If your answer is True, then you don’t need this guide. (False for most of us!)
On the other hand, if the redesigned signs are still confusing, you might benefit from some tips about understanding them and parking safely.
Just click the pretty button below. You’ll be glad you did!
Let’s dive deeper into the meaning of “Obey the less restrictive sign.”
Roadway markings do not count!
For example, the conflict in the image below was between a parking sign and a safety zone (roadway marking). Sadly, the pronouncement didn’t help the driver wiggle out of a safety zone parking ticket even though the sign permitted parking for one hour.
Ensure that the parking signs regulate the place of occurrence entered on the ticket.
For example, in the image below, the arrows on all three signs point to the same area, which is the parking space of the dark-colored car parked to the left of the three signs.
The signs must display conflicting restrictions. So, let’s start with definitions:
-“Conflicting-” Means being in disagreement or opposition. For example, conflicting requirements are requirements that are inconsistent with each other.
-“Conflicting restrictions” can refer to a situation where two or more signs conflict, making it impossible or impractical to comply with both signs. For example, a department rule and a state or federal agency rule might conflict.
For example, the image below shows two signs that display conflicting restrictions (A taxi stand sign and a ” no-standing certain hours except Sunday” sign). Which sign is less restrictive?
Here’s an example of a parking ticket that was issued to my client for no-standing_authorized vehicle-only (Ambulette). Most importantly, we fought the parking ticket and won because:
-Two posted signs
-Regulated the same area (place of occurrence)
-But with conflicting restrictions
Commentary
I love this pronouncement. It is a winning defense I would add to my toolbox.
Shockingly, or not, my 93 and a half year old dad received yet another parking ticket for ‘operate not present’ on a street cleaning day/ no parking during 830-10 am . His PPPD permit was in his drivers side dashboard . His ticket was placed under the wiper right over the permit.
I sent in a letter to the Advocacy Unit to fight it. I also explained in the letter that the place of occurrence listed on the ticket was incorrect. My apartment (he was visiting me) is on East 18 Street and the ticket had my building number but listed the POO as East 19th Street.
Both reasons that this ticket should be dismissed are up to the Judge’s discretion because 1) I can’t prove that the permit was on the dash when the car was ticketed and 2) I can’t prove where the car was parked when it was ticketed. it’s just my word against the agent who ticketed the car.
When is this type of ticketing, decisions solely based on the Judge’s discretion, entirely going to end?
I do intend to try and meet the sanitation supervisor, on an alternate side day, who keeps ticketing my father’s car to simply talk with him. It’s all so wrong.
PS My father was turned down twice already for the renewal on his PPPD. They made him jump through hoops to get it renewed. If my dad’s age alone wasn’t enough, his three hip replacements (he wore out one replacement) and use of a cane should have been. He finally went to his local state senator to get a letter to include with his appeal. He won this past Friday and has a new permit.
Hi Claudia,
Wow. What a story.
Major league kudos for you and your Dad for not giving up!
I am thrilled for the well-deserved outcome.
Frankly, you can still win a “he said-she said” situation, but you have to offer sufficent common sense arguments and persuasive proof to either convince the original judge or win on appeal.
For example, I imagine you Dad can’t walk very far. Certainly not the distance from East 18th Street to your home on East 18th Street. I would secure a certified witness statement to that effect along with my other proof. And more.
Meanwhile, it is a shame that people like you and your Dad have to jump through hoops to get a PPPD and justice.
Thanks for sharing, Claudia.
Regards,
Larry
Hi Larry!
Thank you. You are correct as to my dad being unable to walk the distance from East 19 Street to my apartment on East 18 Street. I suppose the Judge could say I dropped him off but I rarely do that and did not do it that day.
I will either bring an affidavit from him or bring him as a witness if I need to appeal this ticket. That’s a great idea and I should have done so initially. (Sometimes Judges won’t accept additional evidence if not included in the original letter).
Hopefully, the Judge will take my word that I did park right in front of my building on East 18 Street (which makes common sense) and that the PPPD permit was on the dashboard (no way to prove that but who /why removes a PPPD permit from their dashboard once they receive it?).
I STILL have not heard back yet. Just hoping an appeal is not necessary.
Claudia
Hi Claudia,
Great to hear from you.
Likewise, my old, arthritic fingers will remain crossed, hoping for justice.
Regards,
Larry