Knowing the parking rules will help you win a dismissal of your parking ticket
It is a sad commentary when a highlight of my day is discovering helpful information in the traffic rules to share with our community. I love hearing from the driving public about winning dismissals of their parking tickets because of information they learned on my website.
Now, that’s a great highlight.
Do you know the nuances of no stopping rules?
No stopping rules should be easy to follow, right? Wrong.
Alth0ugh you may understand the word stop, do you understand the activities that are permitted in a no stopping zone? Remember, there is a big difference between a no stopping and a no standing zone. In a no stopping zone, you cannot even halt your chariot temporarily to drop off or pick up a passenger and skedaddle.
First, let’s start with the rule.
4-08
(e) General no stopping zones (stopping, standing and parking prohibited in specified places). 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) Traffic lanes. 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.
This subpart was intended to grant warriors the authority to issue parking tickets to commercial vehicles that are legally double parked while making deliveries or service calls. Instead of issuing double parking tickets that would be dismissed upon proof of making a delivery or service call, the nimble warriors can issue a traffic lane violation for parking more than 8 feet from the curb. Yikes!
(2) Hydrants. Within fifteen feet of a fire hydrant, unless otherwise indicated by signs, or parking meters, except that during the period from sunrise to sunset if standing is not otherwise prohibited, the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that the operator remains in the operator’s seat ready for immediate operation of the vehicle at all times and starts the motor of the car on hearing the approach of fire apparatus, and provided further, that the operator shall immediately remove the car from alongside the fire hydrant when instructed to do so by any member of the police, fire, or other municipal department acting in his/her official capacity.
You are not permitted to stop temporarily to pick up or discharge a passenger within 15-feet of a fire hydrant after sunset.
(3) Sidewalks. On a sidewalk.
The wheel of your chariot must be on the sidewalk (the curb is considered part of the roadway, not the sidewalk)
(4) Intersections. Within an intersection, except on the side of a roadway opposite a street which intersects but does not cross such roadway and except as provided in paragraph (5), below.
The exception refers to ‘T’ intersections
(5) Crosswalks. In a crosswalk.
(6) Street excavations. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct any traffic lane.
(7) Tunnels and elevated roadways. Within a highway tunnel or upon an elevated or controlled access roadway when all lanes are normally available for moving traffic.
(8) Divided highways. Parking, standing and stopping are prohibited alongside the median dividing a highway into two or more separate roadways. However, alongside the medians of certain segments of such divided highways, the department may post signs restricting parking, standing and stopping alongside the medians of such segments only on specified days and/or hours. Wherever such signs are so posted on a segment of a divided highway, parking, standing and stopping are permitted alongside the median of such segment on the days and/or hours when parking, standing and stopping are not specifically prohibited by such signs. On segments of such highway where such signs are not posted, parking, standing and stopping alongside the median are prohibited at all times. For the purposes of this paragraph, a segment of a divided highway is the area of such highway between adjacent intersections.
9) Bicycle lanes. Within a designated bicycle lane.
You are not permitted to stop temporarily to drop off or pick up a passenger in a bicycle lane. Please don’t confuse bike lanes with bus lanes (you can stop, drop and skedaddle in a bus lane)
10) Restricted use and limited use streets. On any street designated as a restricted use street or a limited use street as defined in §4-12(r)(4) of these rules, except as otherwise provided in §4-12(r)(1).
(11) Major roadways. On the improved or paved roadway of any of the arteries set forth in §4-07(i) of these rules, or on improved or paved roadways in a park or in parks, for the purpose of removing or replacing a flat tire, unless permitted by posted signs. For the purposes of this rule, a vehicle is considered to be on the improved or paved roadway unless the vehicle is completely off such roadway.
(12) Obstructing traffic at an intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn, unless there is adequate space on the opposite side of the intersection to accommodate the vehicle the person is driving, notwithstanding the indication of a traffic control signal which would permit the person to proceed.
General Provisions of R. 4-08
4-08(a):
(8) Disabled vehicles. A vehicle that becomes disabled must be pushed to the side of the road so that it obstructs traffic as little as possible, and must be removed expeditiously.
Your challenge is to prove by a preponderance of the credible evidence that your chariot was, in fact, “disabled”…And, that you “expeditiously” removed it from the roadway. For example, a tow receipt showing that your car was towed 5-hours after the ticket was issued will not prove an expeditious removal. You’ll need a itemized repair bill showing the extent of your car’s disability to give you a fighting chance to win.
(9) Immobilization and towing of illegally parked vehicles. (i) Time and manner of immobilization. Any illegally parked vehicle found parked at any time upon any public highway in the City may, by or under the direction of any person authorized by the Commissioner, be immobilized in such manner as to prevent its operation, and thereafter may be removed to a tow pound as provided in these rules; provided, however, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless such vehicle is moved while such device or mechanism is in place.
This is roadway robbery. The boot was born as a benign alternative to a tow if you accumulated $350 of parking tickets in judgment. It has since morphed into a monster that holds your car prisoner first ($185) and two hours later tows your car to the pound ($185). My rants and letters have fallen on deaf ears. This is a shameful money grab by the Empire of Evil.
A no standing rule tip
(c) Violation of posted no standing rules prohibited.
(4) No standing except authorized vehicles. Except as provided in paragraph (8) of this subdivision, where a posted sign reads “No Standing Except Authorized Vehicles,” no vehicles, except those designated by a rider attached to such sign, may stand or park in that area.
Please be sure to check the comments section of the parking ticket. A warrior is required to identify the agency that is authorized to park in the zone. For example, if the curb is reserved for the Board of Education, a warrior must enter Board of Education (or the abbreviation) on the ticket.
The Department of Finance Rules
Chapter 39 of title 19 of the Official Compilation of Rules of the City of New York. Chapter 39 was adopted by the Commissioner of Finance to prescribe the internal procedures and organization of the Parking Violations Bureau, the manner and time of entering pleas, the conduct of hearings, the amount and manner of payment of penalties, and other purposes of article two-B of the Vehicle and Traffic Law.
39-02
(b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name of the person served shall also be inserted in the notice of violation (summons).
Raise the lack of service defense if you are present when the ticket was issued and the warrior omits your name. The challenge is to prove that you were present and can be identified as the operator of the vehicle. Check the comments box for some helpful or hurtful entries ( for example, no driver).
(2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served
Commentary
Read the Rule (4-08) or 39-01 et seq., behind the violation code. You’ll be surprised at what you’ll find that may set you free. Always check the warrior’s comments for inconsistent entries.
We got a $115 ticket for parking “5 feet” from the pump, unfortuantely my husband didn’t take a picture he had to move the car for street cleaning & noticed the ticket aftet finding a spot accross the street…we received the ticket at the SAME time a jeep with local NY plates was parked even closer he had NO ticket only our out of state car, every hour of the day these local plate cars are blocking & near the pumps, meter officer leaves them alone & singles out our car. I have pictures to show the jeep was there blocking it st the same time but my husband. film our car before he moved it fir street cleaning. What can ee do?
Alex,
I can imagine how frustrating it was to be “singled out” based on your state of registration.
However, in my humble opinion, your complaint about registration discrimination will fall on deaf ears.
I would check the ticket for omitted, misdescribed or illegible required elements. If I found one or more,
I’d fight it.
Regards,
Larry