No standing
Those two little words have caused a lot of pain and heartache in Parking Ticket Land. If you violate a no standing rule, it will cost you $115, and possibly a boot and tow. Yikes!
It doesn’t matter if your car was occupied or empty. Or, the motor was on or off. You are still standing when you stop in a no standing zone. Ca-Ching.
Who among us hasn’t offered this vintage, unwinnable defense to a no standing parking ticket, “I was parking not standing because the car was unoccupied. Only to learn that occupied or unoccupied doesn’t make a difference. It will still cost you $115?”
Does no standing anytime trump no parking Monday-Friday, 7 am to 4 pm? Yes. More strict beats less strict in the rock paper scissors world of parking tickets NYC.
Hopefully, these tips will save you some dough when parking in NYC.
How many different no standing violations are there?
There are actually 14 different no standing tickets. Can you name all 14?
What is a “dedicated use” no standing sign?
Mistake number 1 is not to learn the meaning and application of the newish rule covering “dedicated use” signs.
You’ll find it at RNYC 4-08(a):
(3) Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.
(i) Dedicated use signs. Standing is prohibited when a dedicated use is specified by a sign, including but not limited to the following curb regulations:
- Commercial Vehicles Only,
- Truck Loading Only,
- Taxi Stand, Taxi Relief Stand,
- Authorized Vehicles Only,
- NYP License Plates Only,
- Doctor License Plates Only,
- For-Hire Vehicles Only,
- Ambulance Only, Ambulette Only,
- Medical Facility Only,
- Bus Layover Only,
- NYS Road Test Only,
- Flea Market Loading Only,
- Farmers Market Only,
- Waiting Line,
- Carshare Parking Only,
- Electric Vehicle Charging Only, or Parking Permitted.
If a parking sign didn’t display certain words that were required by the applicable rule or law, the parking ticket was not enforceable.
I beat a significant number of parking tickets because the rule displayed on the parking sign did not match the written rule in 4-08.
For example, the old “No standing except trucks loading and unloading” sign was replaced by a “Truck Loading Only” sign. It was easier to read. But, the new sign did not comply with the language in the old Rule, 4-08(k)(2), which stated in part:
“Where a posted sign reads ‘No Standing Except trucks Loading or Unloading,’ no vehicle except a commercial vehicle or a service vehicle…may stand or park in that area…”
Why? Because the new, redesigned Truck Loading Only sign did not display the words mandated by the Rule, “No Standing Except trucks Loading or Unloading,”
The Evil Empire was faced with a conundrum
How do they fix this gaping loophole? Well, they were not going to re-do all the bad signs.
So, they simply invented a new set of rules. For example, in the case of the Truck Loading Only sign, the Evil Empire added four new words to the old rule, “or Truck Loading Only.” Voila! The new sign matched the new, amended rule.
Rule 4-08(k)(2) now states in part, “Where a posted sign reads, ‘No Standing Except Trucks Loading and Unloading’ ‘or Truck Loading Only’
The takeaway here is to always, every time read the rule behind the sign. You will be happy you did.
Mistake number 2 is not to learn the meaning of standing and how it is applied in Parking Ticket Land. Let’s start with the definition of standing:
“Standing” means the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.Stopping whether your chariot is occupied or not
Unless you stopped temporarily
For the purpose of and actually engaged in
Receiving or discharging passengers
(To or from the curb)
(And not property)
So, it is a big mistake to think it is permissible to stop in a no standing zone, turn off your engine, and wait behind the wheel for your Aunt Tillie to exit her apartment building, walk to your car and get in. What it means is you’re going to owe the Evil Empire $115 for the no standing ticket you’ll surely get.
It is a huge mistake to think you can double park (a no standing violation), activate your blinkers, and leave a beautiful epistle on your dashboard alerting the Warrior or Cop that you ran into the Starbucks to get a cup of java and will be back in a minute. Ca-Ching!
Mistake number 3 is to wait for a passenger to arrive at your chariot in a no standing zone.
You can stop temporarily to expeditiously pick up a passenger as long as you leave the no standing area immediately. But, you can never, ever wait for the passenger’s arrival at your car door.
For example, I encourage you to avoid stopping in a bus stop zone. Your intentions may be honorable, but when a Warrior or Cop stumbles by and sees your car in a bus stop zone, you will get a parking ticket. They can’t intuit how long you stopped in the bus stop zone and will err on the side of collecting $115.
Please stay out of bus stop zones unless you are boarding a bus.
Commentary
If you park in NYC, you gotta figure out the nuances of the no standing rules. Learn the rule and apply it correctly.
For example, how do you apply the 5-Minute Grace Period Rule in a no standing zone? Let’s say the no standing rule starts at 7 am and ends at 4 pm. You parked your car overnight and you want to move it before you get a ticket.
A Warrior or Cop cannot issue a no standing ticket until 7:06 am.
Park safely.
Hi Larry. Thanks for your amazing articles all the time. Glad NYC has you on their side!
Question:Alternate side of street parking….street cleaner had passed by….I was in a spot like everyone else waiting for 12:30 (11-12:30 no parking)……I had reclined in my car and shut my eyes…..My alarm woke me at 12:30 and I noticed a ticket on my car…..I was in the car the whole time…
Do I have a case?
thanks!
Hi, Rich,
Thank you very much for your kind comment. It means a lot to me.
Here’s the short version of my answer.
I’m afraid you are not technically permitted to remain in your car waiting for street cleaning to end, even if the cleaner has passed. Most of the time, Warriors and Cops turn the other cheek in recognition of the disruption caused by the necessary evil of street cleaning.
The longer answer, which I’ll shorten is that years ago I participated in a well-organized campaign to allow people to sit in the car, wait for the street cleaner to come by, and move the car. After the cleaner passed, the law provided that a driver could remain seated in his car until the street cleaning rule ended. I’m afraid the law did not pass. Ergo, your stupid ticket.
1. You may wish to fight the ticket for lack of service. if a driver is seated behind the wheel when a ticket is issued, the Warrior or Cop is required to enter his name on the ticket. But, I would check to see if the Warrior left a comment on the ticket that you were asleep or not in the car. If so, you most likely will lose that defense
2. You may wish to check the front of the ticket for omitted, misdescribed, or illegible required elements. If you find one or more, you win subject to presenting the proper proof, properly.
Good luck, Rich.
Regards,
Larry
Larry
I got a befuddling safety zone 53 ticket on 1/17/20 on 147th Street Adam Clayton Powell Jr. Blvd. I was parked with 10 other vehicles along the tree median of the boulevard. Both east and west sides of media contain ground yellow markings that outline seemingly single car parking spaces. At the top and tail of the median is a short yellow sign with diagonal black hash lines and no other print verbage. Every 3rd or 4th block south from 110th to north 155th street contain these median street markings.
I dug through your site and looked up all references to NYC Safety Zone and Buffer Zone markings and these markings do no apply. If you email me, I can email the pix of the sign.
Hi, Darin,
Good morning.
Sorry to learn about your painful parking experience.
I’ll send you an email link to send the photos.
Regards,
Larry
can a senior care ambulance park overnight in no standing area
Hi Ray,
Good morning.
If a senior care ambulance is considered a commercial vehicle, you cannot park it overnight on a residential street. However, under no circumstances can you park any vehicle in a no standing area day or night.
Good luck.
Regards,
Larry