Last Updated on November 9, 2022 by Lawrence Berezin
No-standing
These two words have caused much pain and heartache in Parking Ticket Land. That is to say; If you violate a no-standing rule, it will cost you $115 and possibly a boot and tow. Yikes!
Moreover, It doesn’t matter if your car is occupied or empty. Or the motor was on or off. You are still standing when you stop your vehicle in a no-standing zone.
Who among us hasn’t offered this vintage, unwinnable defense to a no-standing parking ticket? That is to say, “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?”
Larry’s Comment_6-26-2022
Good news! The Evil Empire has clarified the choice a driver should make when confronted with two conflicting parking signs regulating the same parking space, as follows:
“Where the Evil Empire posts two signs affecting the same area, but with conflicting restrictions, follow the less restrictive sign.”
Hopefully, these tips will save you some dough when parking in NYC.
Estimated reading time: 6 minutes
How many different no-standing violations are there?
There are 14 different no-standing tickets. Can you name all 14?
What is a “dedicated use” no-standing sign?
Mistake number 1 does not 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 signs or rules prohibit standing, no person shall stop a vehicle, attended or unattended, except temporarily for and while engaged in expeditiously receiving or discharging passengers.
(i) Dedicated use signs. Standing is prohibited when a dedicated use is specified by a character, 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,
The beat goes on
- 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.
The parking ticket was not enforceable if a parking sign didn’t display certain words that were required by the applicable Rule or law.
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 problem
How do they fix this gaping loophole? Well, they were not going to redo all the bad signs.
So, they 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 learning the meaning of standing and applying 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 actually engaging in
Receiving or discharging passengers
(To or from the curb)
(And not property)
Here comes the big mistake #2
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. It means you’ll 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 if you leave the no-standing area immediately. But you can never 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.
Would you please stay out of bus stop zones unless you board a bus?
Time for the no-standing quiz
Learning takes relentless repetition. Here’s a quick quiz to test your knowledge about the no-standing Rule.
Commentary
If you park in NYC, you must figure out the nuances of the no-standing rules. To clarify, learn the Rule and apply it correctly. Further, understand the typical defenses to no-standing or no-parking violations, such as the “stop, drop and go defense.“
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 want to move it before getting a ticket.
A Warrior or Cop cannot issue a no-standing ticket until 7:06 am.
Park safely.
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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
Hi Larry,
I was in Flushing and I was trying to get into a garage for parking, but the person in front of me did not know how to use the machine and took a few minutes to get the ticket and enter the garage. My car was half way onto the sidewalk almost into the garage waiting for the person in front of me. I didn’t even notice a traffic cop walk up to the side of my car and cite me a ticket of parking in a no standing zone when it was very obvious I was about to enter the garage to legally park.
Do I have a case for this?
Thanks
Hi Raymond,
What a ridiculous ticket. If you’d like to email me a photo of the ticket, I’ll check it out and see a winning defense (no charge).
Regards,
Larry
PS…My email address is [email protected]
Hi Larry,
I experienced a horrible time in NYC today while trying to park a vehicle. While looking to enter a parking garage that’s heavily queued up in NYC downtown, a cop came out of the blue and left a citation for “No Standing” on the windshield as there’s a sign nearby. All I tried to do was to get down and check what’s causing the delay.
Regards,
Vinny M.
Hi Vinny,
That is shameful!
Did you check the ticket for mistakes?
Regards,
Larry