Last Updated on October 25, 2017 by Lawrence Berezin
A common no parking zone mistake
I can’t tell you how many times this question is asked by the wonderful members of our NYC driving community:
“Am I permitted to sit in my car while stopped alongside the curb in a no parking” zone? Or, will I get an NYC parking ticket?
How would you answer this frequently asked question?
The correct answer is…You definitely will be issued an evil, orange, NYC parking ticket.
Why can’t I sit in my car in a “No Parking” zone?
The passionate argument made by many members of the NYC driving community after being issued a parking ticket in a “No Parking” zone while seated in their car is…”I was standing, not parking because I was seated in my vehicle. “Ca-ching, $115, ca-ching,” replied the parking ticket judge.
Or, why didn’t the parking ticket warrior ask me to move my car, instead of giving me an NYC parking ticket? You’re kidding, right!
The definition of “Parking” provides the answer and the defense to this parking ticket
“Parking. The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.”
(34 RCNY 4-08, definitions)
The first part of the definitions tells you the elements of the parking crime of “No Parking”:
“The standing of a vehicle, whether occupied or not…”
In other words, by definition, you qualify (not a good thing) for an NYC parking ticket whether your car is “occupied or not.”
The second part of the definition provides the defense to this parking ticket:
“…otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property of passengers.”
As we’ve discussed before, in a “No Parking” zone you can stop your vehicle temporarily (2 minutes or less) to drop-off or pick-up people and their property (groceries, luggage, baseball gloves, etc.) from the curb; or, walking at a very fast pace to the car (a little riskier).
Herein lies the basis for the “Stop-Drop-and Go” defense.
Reason and common sense be damned. NYC parking rules and regulations have nothing to do with those concepts. One of my New Year’s resolutions was to make sure I empowered every member of the NYC driving community with the knowledge that you cannot halt, stop, or stand your vehicle in a No Parking zone, even if you stay seated in your vehicle.
How’d I do? Please help me keep my New Year’s resolution. Don’t get a parking ticket for “No Parking” Promise?
Larry (that’s me) was interviewed for a feature article in Sunday’s NY Daily News. Larry (still me) talked about No Standing and No Parking tickets, and other NYC parking ticket stuff. If you’d like to check it out, simply click on the link. No email address required.