Last Updated on October 12, 2016 by Lawrence Berezin
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.
General Provisions of R. 4-08
A no standing rule tip
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.
(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
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?
Lawrence Berezin says
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.