Last Updated on September 14, 2023 by Lawrence Berezin
Did Joe violate the New York parking ticket crosswalk and driveway rules?
Joe’s New York Parking Ticket conundrum. Joe parked his minivan in front of the two-family house he rented for four years. Likewise, a driveway accessed the two-family home. Above all, the property owner lives in one of the dwelling units.
Meanwhile, one sunny morning, Joe went outside to find his vehicle with a parking ticket. The Evil Empire charged him with violation of VC 50, parking in a crosswalk.
Subsequently, Joe takes photographs of his vehicle in the exact location where he parked. He is furious and very concerned. How can he get a New York parking ticket after parking in the precise location for four years, parking ticket-free? More importantly, where is he going to park from now on?
Joe calls you for help. What is your opinion?
How Joe can beat a New York parking ticket
- What is the first thing you advise Joe to do?
- I always recommend checking the front of your parking ticket for mistakes. A judge will dismiss your NYC parking ticket if the error (s) are required elements. In other words, you must prove that one or more required elements are omitted, misdescribed, or illegible.
- Did Joe violate VC 50?
- The answer is “in the eye of the beholder.” When you look at the photographs, did Joe’s front bumper extend into the unmarked crosswalk? And where does the unmarked crosswalk begin? I showed this photo to our fans on Facebook. Not one fan thought Joe parked in the crosswalk. Remember that the thick white line is a stop sign bar, not the crosswalk. I’m going to fight this violation for our client. Especially since he must know whether he can park in front of his home without receiving a parking ticket
More questions to cogitate
- Did Joe violate the rule against parking in front of a driveway?
- No. For two reasons. The photographs show the rear of Joe’s vehicle did not break the plane of the driveway. Second, you can park in front of a driveway if you lease the premises with two or fewer dwelling units.
- Do you recommend Joe fight his parking tickets?
- What do you advise Joe about parking at that location in the future?
- It depends on the outcome of our fight. For now, it is risky because the same warrior issued the tickets, who will probably keep shooting that beam of light at Joe’s car. I’d advise Joe to try to find parking elsewhere until the issue is resolved.
I recommend taking photographs of your car immediately after you find the New York parking ticket. These photos will help persuade a parking ticket judge that you did not park in the crosswalk.
The applicable NYC parking rules and definitions
Crosswalk: Unmarked crosswalk. That part of a roadway, other than a marked crosswalk, which is included within the extensions of the sidewalk lines between opposite sides of the road at an intersection
VC50: Stopping, standing, or parking in a crosswalk is prohibited. Note: Crosswalks are not always identified by painted street markings
4-08(f) Standing and Parking is Prohibited:
(2) Driveways. In front of a public or private driveway, except that it shall be permissible for the
owner, lessor, or lessee of the lot accessed by a private driveway to park a passenger vehicle
registered to them at that address in front of the driveway, provided that such a lot does not
contain more than two dwelling units and further provided that such parking does not violate
any other provision of the Vehicle and Traffic Law or local law or rule concerning parking,
stopping or standing of motor vehicles.
The prohibition herein shall not apply to driveways rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.
Larry’s Driveway Guide
Here is one of Larry’s all-time favorite cheat sheets. You’ll learn:
- The NYC Traffic Rule, 4-08(f)(2)
- The definition of a “driveway”
- The NY State Law stating how to remove a driveway blocker
- Five Driveway Mistakes That Spell Disaster
- A fascinating list of the ten most blocked driveways in NYC
- And much more…
Joe took a photo right after finding the parking ticket
This is a real, live case. In the past two days, Joe received two parking tickets for parking in a crosswalk in front of his home. Further, the same warrior issued both tickets at a cost to Joe of $115 per parking ticket.
Larry’s note...The solid white line near the pedestrian ramp and underneath the vehicle’s front is a “stop line.” The purpose of a stop line is to remind drivers to stop behind the line. Meanwhile, the white line is not a crosswalk line or lane marker. It has nothing to do with a secret parking law.
Tell us what Joe should do. What do you advise?
I will post my advice for Joe tomorrow.