Last Updated on November 4, 2022 by Lawrence Berezin
How to avoid parking tickets for NYC curb cuts, sidewalks, and driveways
I have received many questions about the parking rules for NYC curb cuts, sidewalks, and driveways. For example:
- Is the curb cut part of the driveway?
- Did a homeowner have a permit to install a curb cut in front of their driveway?
- Is the curb part of the sidewalk or roadway?
- Is it illegal to park in front of all curb cuts
- And more.
In short, here are some of Larry’s answers to frequently asked questions about NYC curb cuts, driveways, and sidewalks.
Is a curb cut part of a driveway?
Yes.
Definitions for driveway state:
“Every entrance or exit authorized under applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.”
4-08(f)(2) states:
“(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 such driveway, provided that such 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 the parking, stopping or standing of motor vehicles.
The prohibition herein shall not apply to driveways that have been 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.”
In short, please don’t park in front of a driveway.
Did a homeowner have a permit to install a curb cut in front of their property?
That is to say, a member of the driving public asked a question after getting a parking ticket for standing in front of a driveway. Was the driveway legal? Likewise, there is a way to find the answer. How do we know if the curb cut is legal?
Here are two NYC gov resources that allow you to check on permit/service requests:
- 311_Look up Service Requests
- DOBnow_Look up Permit Requests
Is the curb part of the sidewalk or roadway?
The curb is considered a part of the roadway and is owned by the City of New York. The City accepts reports of curb conditions. You can report a curb that is damaged, illegally painted by a property owner to discourage parking, or illegally cut for a driveway. You must give the exact street address of the property where the condition exists.
Property owners should ensure the curb is maintained because:
(1) It makes the sidewalk last longer. (2) A curb protects the sidewalk from vehicular traffic. (3) It channels water properly to catch basins. And (4) prevents erosion and ponding.
And a property owner should replace damaged or missing curbs simultaneously as the sidewalk is repaired, reconstructed, or installed.
Property owners are responsible for the maintenance and repair of their sidewalks. The City will inspect the condition of the curb and sidewalk at the location. If a sidewalk is found to be defective, we will notify the owner.
Commentary
Meanwhile, I’ve practiced law for 40 years, and this stuff still confuses me. Here’s another link to a helpful resource covering sidewalks and driveways.
Park safely.
Larry
FREE Download
Joe walked out of his house on a rainy Tuesday. Above all, he was late for his doctor’s appointment. To his dismay, a car parked in front of his driveway blocked his chariot from entering the roadway.
What was Joe to do? As a result, should he call the police? Call a tow truck? Where were the Warriors when you needed them?
Follow the arrow and gently press the pretty button.
Hello Larry I have question to ask currently the car garages are being use and people have been blocking it over night and it’s hard to ask them to move there vehicle(s). I want you to see online about what can I do. The address is 294 Hooper Street, Brooklyn, NY. It’s seems like I been getting blocked all the time. Thanks.
Hi Brian,
Good morning.
I am sorry. I’m not sure what you’d like me to help with?
Regards,
Larry
Can you put any color paint in driveway to prevent others to park
Hi, Pilar,
You control your private driveway.
But, I wouldn’t paint the sidewalk, curb, or roadway.
Good luck.
Regards,
Larry
I am replacing my sidewalk can I also replace the curb?
Hi, Mark,
Good morning.
Great question, but it’s beyond my limited expertise.
What I can say is the sidewalk and curb are separate elements. The curb is actually considered part of the roadway.
Here’s a link to report a complaint to the City about the curb in front of your property.
Good luck.
Regards,
Larry
Call 311
File a Complaint
Wait until the Police shows up and tickets the car
Once there is a ticket on the car, Call a towing Company
That will teach the car owner a lesson
He will be responsible for both the summons and the towing expenses.
This will stop the abuse
Hi Edgar,
Thanks for sharing the step-by-step guide to getting rid of a disrepsectful driveway blocker.
Regards,
Larry
Hi Edgar,
Thanks for sharing some great step-by-step advice on how to rid ourselves of evil driveway blockers.
Regards,
Larry
Hi Lawrence , can the city of NYC stop me from building a driveway on my front lawn. When it’s my property And promised by the fourth and fifth amendment, I know they can stop me with a curb cut. But what about the parking of my car on my land. And what can I do to get a curb cut, because I don’t want to be the neighbors greenery And why he has a driveway. It’s not fair.
Hi, Thomas,
Good morning.
I’m afraid they can. NYC has an element of control of your property through zoning laws. I would check them and see if you are permitted to build a driveway on your front lawn.
Good luck.
Regards,
Larry
Hi Larry,
Your website is extremely informative.
Is a driveway required to have a curb cut in order to be defined as being “authorized pursuant to applicable law”? I have not been able to find any information on this topic.
Thanks!
T
Hi Tyler,
Good morning…Great question.
In my humble opinion, the answer is “yes” because…
In the NYC Traffic Rules, the definition of driveway is:
“Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.”
A curb cut provides the means for a vehicle to enter or exit the property.
Here’s what the NYC Buildings Department has to say about curb cuts:
“A curb cut is a dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock or drive-through.” https://www1.nyc.gov/site/buildings/homeowner/curb-cuts.page
Regards,
Larry
Define residential driveway limits. I live in an apt complex next to a private residential home. Their driveway has a curb cut however they painted a yellow line that extends past the cut. The owner would often tell drivers not to park within the yellow line and he would become irate if you did even though you do not go touch the start point of the curb cut.
Hi Sunji,
Good afternoon.
It is illegal to paint any curb cut in NYC.
The entrance to a driveway is the length of the curb cut.
Good luck.
Regards,
Larry
Hi Larry, so I recently checked the DOB website about driveway permits and I found that the house next door had a violation in 2008 for a cemented additional driveway they have and they continue to use it as so even though it does not has a slope or dip like the original drive and the multiple cars that park in the space have to drive on a large section of grass which is now just a dirt patch. My questions are can this still be considered an illegal driveway and can I report again as so. Thank .
Hi Faye,
Good morning.
Sorry to say that I don’t know the answer to your question.
We do know that a driveway is an entrance to property and a curb cut is an essential part of the entrance/exit. But, I’m not sure that the slope or dip of a driveway has anything to do with entering or exiting property. Rather, it’s a requirement imposed by the City to make a driveway safe.
Regards,
Larry
Sounds like the offending home did not add an illegal curb cut. The violation seems to be more of a zoning type complaint related to the home itself rather than anything related to the driveway.
Hey larry i parked my car in a spot i usually park all my living years in queens and today i woke up to a ticket on my car for obstructing driveway. I feel like the driveway is not in use anymore because i never seen the driveway being used and the traffic agency could not even confirm the address of the driveway he wrote down opposite (building number) basically the building across the street. I dont understand what i should do i feel like i should plead not guilty
Hi, Ramiz,
I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. Please let me know if you’d still like me to comment.
Regards,
Larry
I own a commercial parking lot. Can I paint my curb cut yellow. It is zoned g4. Garage gas misc.
Hi, Peter,
Good morning.
I don’t know, sorry.
Regards,
Larry
I live in middle village queens ny. my neighbor has a two family house 40×100. his house is 20 feet wide and his driveway is 20 feet wide also. he currently has a 10 foot curb cut. he is in the process of widening the curb cut from 10 feet to 18 feet. is he allowed to do this. thank-you
Hi, Joe,
Good afternoon.
Your question is beyond my limited expertise.
But, your neighbor has to get a permit to legally widen his curb cut.
(You can check out whether the curb cut is legal online).
Regards,
Larry
Hey Larry, here’s a doozie for you. We own a 2 fam. home and have a small section of curb in between my driveway and the neighbors. That small section is actually in between the property lines as well. This is a residential or public street and the homes are privately owned. If either home owner parks there, it makes it difficult for the other to access their driveway (ex: unable to open car door or you’ll bang into a bumper). My neighbor never owned a car so, I’ve been parking there for well over r0 years. Never had an issue. Now my neighbor has rented out his driveway to a new neighbor who moved in 2 houses down. He has 2 taxi’s and feels being he is renting the driveway, he is also entitled to complete access to this small section of curb which divides both property lines. Not quite certain the two taxi’s are registered at my neighbors address being he lives 2 houses down. I’m also concerned that by parking there myself, I am violating his half of the property line. Can you help?
Hi, Dan,
Good morning.
I’m afraid your conundrum is beyond my limited expertise.
First: When you park next to the “small section of curb” is any part of your car in front of your neighbor’s driveway? If not, you are parked legally (of course, not violating any parking signs)
Second issue: You are permitted to park in the public roadway in front of any portion of your neighbor’s property, as long as you don’t park in front of his driveway.
Ergo,
-Don’t park on the “small section of curb”
-Don’t park in front of his driveway,
-Don’t violate any parking signs regulating your parking space
A homeowner doesn’t “own” the public roadway in front of their home. You can park on the public roadway, as long as you don’t park in front of a driveway or otherwise violate any parking restrictions that regulated your parking space.
Good luck.
Regards,
Larry
Dear Larry,
I live in a private, one-family house. There is a fire hydrant directly opposite my front door. People disregard the presence of the hydrant and often park right in front of it. Originally, there was yellow paint (now faded) in front of the hydrant. I don’t know if replacing the paint would be a deterrent to these illegal parkers, but I’d like to give it a try. My question is, whom do I contact in NYC government about repainting the curb in front of the hydrant?
Hi, Vivian,
Good morning.
Yellow paint doesn’t mean anything when it comes to parking rules. And, yellow paint rarely scares away desperate parkers.
I’m afraid I don’t know who you should contact for permission to paint the curb yellow. I would check out the DOT’s website and see who to talk to about curbs.
Good luck.
Regards,
Larry
I LIVE IN MIDDLE VILLAGE QUEENS ARE YOU ALLOWED TO PAINT YOU DRIVEWAY CURB CUT YELLOW
I’m afraid not, Michael.
Regards,
Larry
We have a driveway and people park too close and it’s a narrow street, it makes it very difficult, if not impossible to turn into driveway. We reported multiple times and cops keep claiming that no violation. I would love to invite them to drive into driveway if they think there is no violation.
What is the rule on driveway and distance from driveway in Queens county? Is it exact width of the driveway (it is between two houses) or is there a minimum or maximum length on the sideway? Any distance rules like If the driveway is exactly 8ft, they can’t park within 2 feet on each side so opening must be 14ft?
Our group of houses pay over $100,000 in taxes every year, and we can’t use our driveway, this makes no sense.
I hear you loud and clear.
I’m sorry to say that I know of no rule restricting the distance you must park from a driveway.
What occurs to me is that the parking space is dangerous because of the safety issue of turning into the driveway. What about contacting your community board or council person about getting a safety zone painted on the roadway? That would remove a small area as a parking space.
You may want to contact Gridlock Sam Schwartz for help with your challenge
Good luck.
Regards,
Larry
Oh wow, we have the same initials! L.B.. I just realized when I posted my other message. 🙂
Hello! Can you be issued a ticket for parking on sidewalk on the easement into a loading dock or garage. Even if you are the owner of the commercial building?
Any Parking code would be helpful as well. thank you.
Hello Kevin,
Good morning.
I’m afraid my limited expertise does not include sidewalk access to a loading dock.
From a parking ticket perspective, the rule simply states no stopping, standing, or parking on a sidewalk.
Sorry, I can’t be more helpful.
Regards,
Larry
HI Larry,
I live in Crown Heights Brooklyn. There is a vacant lot next to my driveway. Recently the owner of the lot has put up “no parking” and “illegal parking” signs on the fence in front of his lot and has parked a vehicle there. There is no curb cut in front of the lot. Is this legal? Should he have to take those signs down and who could convince him to do that?
thanks,
D
Hi, Dave,
A property owner cannot regulate the roadway in front of his property by placing a bunch of signs on the fence.
As you correctly stated, no curb cut= no legal driveway, so a parker would not be blocking a legal driveway.
I would report this to the local police precinct with the hope they’ll take down these illegal signs.
Good luck, Dave.
Regards,
Larry
Hi Larry,
Kindly, cite source of NYC parking-rules regulation for parking next to a driveway curb-cut. I know a vehicle is limited to parking up to, but never crossing over the driveway’s curb-cut.
Also, cite the source and regulation for parking up to a street corner curb-cut. I understand there’s a parking limit before the curb-cut defines the beginning of the curved transition of a sidewalk corner.
Thanks.
Hi, New Yorker,
Good evening.
The driveway rule prohibits standing in front of a driveway, with some exceptions. The source is [34 RCNY 4-08 (f)(2)]]
Sorry, I’m not familiar with the street corner curb-cut rule.
Regards,
Larry
Hi Larry,
I have a residential neighbor in Brooklyn that used to have a private parking garage, but has altered the front of their garage with semi-permanent steel barriers on their side of the sidewalk where you used to be able to drive into their garage, and they use that area now to store trash. It would likely take hours of effort to remove the barrier if they ever wanted to use that as a driveway/garage again. However, still have the old curb cut there, and place traffic cones in front of it to keep the spot reserved for them (in addition to painting the curb). I know from your page here that the paint is likely illegal, but what about the cones, and is it still considered an unblockable driveway after the modifications they made to their property?
Hi, Paul,
Good morning. Great questions.
The paint question is easy…Nope. Paint is illegal and costly.
The easy answer is that the Evil Empire does not permit reserving parking spaces on its roadways. Period. No cones, no beach chairs, etc.
But, is it permissible for any driver to park in front of the curb cut? That one is a little fuzzy.
Here’s the Rule:
(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 him/her at that address in front of such driveway, provided that such 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 the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been 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.”
[34 RCNY 4-08 (f)(2)]]
I believe the barriers and conditions you described make it permissible for any driver to park in front of the curb cut.
It has been magically transformed into a “blockable” driveway.
Park safely.
Larry
I own a private home with a driveway. As the owner am I the only person allowed to have a car blocking my driveway ticketed? I have a sign, no parking on the fence to the driveway. Also, am I allowed to let people block my driveway? My Mom’s aide was blocking my driveway & there was total miscommunication so the aide got a $95 ticket. I wrote a letter but the judge wouldn’t dismiss the ticket. Any advice? Thank you so much.
Hi, Susan,
Good morning.
Driveway do’s and don’ts are so confusing!
The starting point is to keep in mind that we don’t control a public roadway, even the public roadway in front of our driveways. So, we cannot dispense permission slips to park in the public roadway in front of our driveways. For example, if a nurse’s aid parks in front of your driveway, even with your permission, she’ll get a parking ticket. Your letter has no effect because you are not legally authorized to grant her permission to park on a public roadway
The owner of a private residence can report a driveway blocker. Once the inconsiderate driveway blocker gets a ticket, you can call a tow guy or gal to move the car. The tow person must get an authorization to tow signed by the owner of a home.
Good luck.
Regards,
Larry
Hi Larry,
My neighbor has a driveway that is unusable to by a disabled vehicle with four flat tires, no license plates or registration. I’ve parked there before with no problem as I have seen other cars parked there. But I woke up to a ticket for obstructing the driveway. I feel like I can take pictures and fight this ticket. What do you think?
Hi, ap!
Good morning.
Here’s the part of the driveway rule that you’re talking about
“The prohibition herein shall not apply to driveways that have been 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.”
I’m not sure the car is a “fixed obstruction.’ I would try to find the definition of other information about how the courts interpret fixed obstructions.
In the meantime, I would argue that a fixed object is one that doesn’t have the potential to move (by its own power). For example, a car has the potential to move but a car with 4-flat tires doesn’t.
Blacks law dictionary defines obstruct:
What is OBSTRUCT?
1. To block up; to interpose obstacles; to render impassable; to fill with barriers or impediments; as to obstruct a road or way. U. S. v. Williams, 23 Fed. Cas. 033; Chase v. Oshkosh, 81 Wis. 313, 51 N. W. 5G0, 15 L. R. A. 553, 29 Am. St. Rep. S98; Overhouser v. American Cereal Co., 118 Iowa, 417, 92 N. W. 74; Gor- ham v. Withey, 52 Mich. 50, 17 N. W. 272. 2. To impede or hinder; to interpose obstacles or impediments, to the hindrance or frustration of some act or service; as to obstruct an officer in the execution of his duty. Davis v. State, 70 Ga. 722. 3. As applied to navigable waters, to “obstruct” them is to interpose such impedi- ments in the way of free and open navigation that vessels are thereby prevented from going where ordinarily they have a right to go or where they may find it necessary to go in their maneuvers. See In re City of Richmond (D. C.) 43 Fed. 88; Terre Haute Drawbridge Co. v. Halliday, 4 Ind. 30; The Vancouver, 28 Fed. Cas. 960. As applied to the operation of railroads, an “obstruction” may be either that which obstructs or hinders the free and safe passage of a train, or that which may re- ceive an injury or damage, such as it would be unlawful to inflict, if run over or against by the train, as in the case of cattle or a man approaching on the track. Nashville & C. R. Co. v. Carroll, 6 Heisk. (Tenn.) 368; Louisville N. & G. R. Co. v. Reidmond, 11 Lea (Tenn.) 205; South & North Alabama R. Co. v. Williams, 65 Ala. 77.
Fixed is non-moveable.
Good luck.
Regards,
Larry
I live in an attached row of condos. Each unit has 4 apartments. I have a driveway that are side by side to the driveway of the next unit. The landlord rented out the driveway to one of their tenants. They are trying to squeeze another parking space by parking /blocking their driveway. The nose of the car is sticking to my side of the driveway. Are they not allowed to park the driveway since each unit has 4 apartment, i.e no blocking the driveway with more than 2 dwelling units. If it is side by side driveway does it make it a communal driveway. If they can block their side of the driveway, how much buffer do they need to leave me to pull out comfortably. I could still pull out but because the street is narrow, I need a good degree of room to safely swing out and not scratch your car. What is consider parking too close to my side of driveway?
Hi, AJ,
Good morning.
As you correctly pointed out, a tenant cannot park in front of a driveway unless:
-Their chariot is registered to the property address
-No more than 2 units
I would check out my survey to determine whether your property lines include his driveway. If it only includes your driveway then his survey probably only includes his driveway.
Unless there is shared ownership
Good luck.
Regards,
Larry
Hello Larry. My question is the contractor I hired for my driveway never got approved for the curb cut and I was not made aware until recently. If I fix the curb cut would I be able to still park in the driveway if I allowed others to park in front of the driveway.
Hi, Damian,
Good morning.
You are not authorized to grant permission to stop, stand or park on a public roadway, even if it is in front of your driveway. Your permission is not a defense to a driveway ticket.
Technically, you cannot stop people from parking in front of your driveway because it is not a legal driveway.
Regards,
Larry
Hello Larry. My question is in regards to driveway gate. Is there code in NYC Department of Buildings that prohibits electric gates from opening out on to a sidewalk?
Hi, Adam,
Good afternoon.
I’m sorry for the delay but I just returned from a visit with my children and granddaughter in Seattle.
Your excellent question is beyond my limited expertise.
Sorry.
Regards,
Larry
Hi, can I get a ticket for parking in front of my driveway overnight. I reside in the Bronx.
I did received a ticket one time. It seems ironic that I have called to report a car blocking my driveway many times overnight, and the police department never shows up to ticket the car. So I have to find parking for my car elsewhere.
Now this time I park there because I came in late that one night and I was going to leave early mornig for work so I didn’t want to bother to park inside my garage.
How does this laws work?
Please advice me.
Hi, Richie,
Sorry to hear about your driveway parking pain. Believe me, we can all relate!
Here’s the scoop about parking in front of your own private driveway
Yes, you can, as long as:
-The vehicle is registered as a passenger vehicle; and,
-Registered to you at your driveway’s address; and,
-The private lot does not contain more than two dwelling units; and,
-Parking your chariot in front of your driveway doesn’t violate any on-street parking rules
Good luck.
Regards,
Larry
Hi, I have a question..my street has no curb..if I wanted to put a cement slab for driveway, will it be ok? There is a sidewalk, but the extending part for curbs was never put in. I see neighbors that have driveways, but no curb therefore no curb cut..dont know if a permit is or was needed for them
Hi, Maria,
Good morning.
I’m happy to take a look. You can either email me your address or a photo.
Regards,
Larry
[email protected]
Hi! If there is a dip in the sidewalk leading to something that looks too small for a car (perhaps loading entrance? about 3 feet), but no signs, can I park in that spot? Does a dip automatically mean no parking, or just there for convenience of the owner? Usually in the city, there are signs stating no parking/active driveway/do not block- something! But here there was nothing. This is a random dip on a street with alternate side parking (the only sign). So can I be legally ticketed & towed?
Hi Lowie,
Good afternoon.
Great question.
It depends on the location of the “dip.”
-If it is the entrance to a driveway, No, you can’t park there
-If it is on the long street of a “T” intersection with no crosswalk, stop sign, or traffic control device regulating traffic, yes, you can park there
-If it at a four-corner intersection, Nope, you can’t park there
If that doesn’t give you an answer, I’m happy to look at a couple of photos showing the surrounding location, or send me an address. My email is [email protected]
Be safe.
Regards,
Larry
I just had a neighboring building convert its 2 former garage doors into glass windows – what would be the situation with that? Cars can no longer pull into the building so are the curb cuts still valid or can people now park there freely?
My wife and I, my dog and cat are moving to Seattle.
I won’t be able to reply to comments until after October 1, 2020.
Sorry!
Regards,
Larry
Hi Larry,
Hope your move went well! Any take on my question above?
Thanks!
Hi Larry,
Thanks for your blog.
We live in Carroll Gardens Brooklyn, NY and parking is utterly infernal in the neighborhood.
My wife found a spot after driving around for 30mins but turns out she was blocking a driveway.
The strange this there was no “curb cut”, no yellow paint and the gate looked like a regular fence though it did have signs on it but its a very wide sidewalk and this happened at night so she missed it.
Any advice in beating this one?
Ive looked online but the driveway definition is quite vague to me.
Much appreciate
Julien
My wife and I, my dog and cat are moving to Seattle.
I won’t be able to reply to comments until after October 1, 2020.
Sorry!
Regards,
Larry
Hi. I live in ridgewood queens beside the 104 precinct. A guy owns 3 adjoining garages..he has them full of junk etc..but he rents the sidewalk space in front to 3 neighbors..3/4 car on sidewalk,1/4 on road..please tell me this is not legal..this us on 64th st between catalpa and 68th ave
Hi Mark,
I checked out the area you described on Google Maps.
You are permitted to park your chariot on the portion of a sidewalk that is within your property lines.
However, parking is not permitted on a portion of the sidewalk that is between the property line and curb.
I hope this helps.
Regards,
Larry
Good evening. I share driveway/walkway with my neighbor in Brooklyn. She wants to create a driveway in her front of her house. To access this space she has asked that I don’t park infront of the shared curb cutout. Is this legal?
Hi Ericka,
Can you send me a photo of the location? If so, please send it to my email, [email protected]
Regards,
Larry
I sent the email with pictures. Let me know if you received it as sometimes it does not go through with the image attachments.
Got them, Ericka.
Regards,
Larry
Hi, so ConEd did some repair to a street light by completely replacing it, took them a year. They had to dig up some asphalt as well to replace a underground electrical line feeding this street lamp as well, destroying my curb cut, which has been there since before I bought the house 20yrs ago.
Took DOT a year to have some crew add a new curb, but it’s NOT cut. They showed up unannounced and unattended whatever day that was to add the new curb.
Did they check something to see that we aren’t supposed to have a curb cut or do I (how do I check) and where do I report to have them give me a proper curb cut?
Hi Johnny,
Good afternoon.
Merry Christmas!
Wow, progress moves very slowly in NYC.
Here’s a link to request a pedestrian ramp.
Good luck.
Regards,
Larry
I appreciate the information here on your site very much – I have a question about a parking space in front of my building which I rent from my management company.
Can a driveway not have a curb cut and still be considered a legal driveway? There are two parking spots right in front of my building – I rent one and another tenant rents the other. The other spot has a curb cut – mine does not. Sometimes people park in front of my spot, effectively blocking me out.
How can I proceed? I look forward to your response.
Hi Evan,
Thanks for your kind comment.
In the NYC Traffic Rules, the definition of driveway is:
“Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.”
A curb cut provides the means for a vehicle to enter or exit the property.
Here’s what the NYC Buildings Department has to say about curb cuts:
“A curb cut is a dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock or drive-through.”
In my humble opinion, a driveway without a curb cut is not a driveway. In other words, nope. A curb without a curb cut is not a driveway.
Be safe.
Regards,
Larry
Thanks for this Larry. What about the fact that my landlord/management company has willingly rented us a parking space without a curb cut? We could use the adjacent cut but would have to swivel our car around – not so bad when pulling into the space, but hard when backing out if someone is parked behind.
Do you think our management company would have any sway on this?
Hi Evan,
I’m an old guy and a little confused.
What is the relation between the rented parking space and a curb cut?
Regards,
Larry
Thanks for following up, Larry. The parking spot I rent does not have a curb cut in front of it. Can we still ask people to avoid blocking us in on the street?
Hi – I jus purchased a gated house in Brooklyn but there is no curb cut. Can I still legally park inside my property and behind the gate? I’m not sure if this is a legal drive way, where can I find more information? I tried the DOB website and there wasn’t much data. Thanks!
Hi Jay,
Congratulations on your recent purchase.
Here are links to some useful resources:
–Can I park my car on my front lawn in NYC?
Owners of one- and two-family houses are not permitted to park their cars on their front lawns. All parking spaces must be surfaced with asphalt, concrete or other hard, dustless material. A property owner can apply for specific exceptions to this rule on a case-by-case basis.Jun 23, 2018
Can My Neighbors Really Park Cars on Their Lawns?https://www.nytimes.com › 2018/06/23 › realestate › park..
–Curb cuts
Good luck, Jay.
Regards,
Larry
Hi Larry,
Thank you very much for all the info. But somehow I cannot figure out how to see if a driveway is legal from either of the links you provided. Can you please walk me through the process?
Thanks in advance.
Hi Joe,
Sure, I’ll give it my best shot.
-A driveway must have a curb cut.
-A curb cut must be legal.
-For a curb cut to be a legal curb cut, there must be an application and approval for the construction
-If the owner of the property didn’t seek approval of the curb cut before construction, it is not a legal curb cut
-If the curb cut is not a legal curb cut, you have a winning defense against a driveway parking ticket
The links take you to the agency that approves the curb cuts. If there is no record of an application, then there was approval. And, the curb cut is not legal.
Hope this helps, Joe.
Regards,
Larry
Hi Larry ,
If someone tripped on the curb cut, am I liable or is the City a potential defendant?
Hi MS,
Good afternoon.
I’m afraid your excellent question is beyond the scope of my limited expertise. Meanwhile, are you referring to a handicap-accessible curb cut or a driveway curb cut? Because, the rules/laws are different.
For example:
NYC relies on property owners to maintain the sidewalk adjacent to their property, including repairs and removal of snow, ice, or debris. Property owners are responsible for installing, repairing and maintaining sidewalks adjoining their properties (Section 19-152 of New York City’s Administrative Code).
Sidewalks – NYC DOT
If a curb is missing or damaged, the City may repair or replace it at no cost to the property owner. While the City maintains curbs, residential and commercial property owners are responsible for the maintenance and repair of their sidewalk.
Curb Complaint · NYC311 – NYC.gov
NYC Agrees To Make All Sidewalk Curbs Accessible To The Disabled. In a landmark victory for disability rights advocates, the de Blasio administration has agreed to survey and ensure that all of the city’s roughly 162,000 sidewalk curbs are accessible for New Yorkers with mobility and vision-impairment issues.Mar 21, 2019
NYC Agrees To Make All Sidewalk Curbs Accessible To The …
Curb Cuts
Good luck.
Regards,
Larry
A 2 car wide curb cut was replaced after a private home was mandated to connect to the city sewer system. The city inspector insisted that there be a separation between each cut creating a bump between the two cuts. Someone trips on the bump.
Hi MS,
Were you included in a law suit?
Regards,
Larry
I got a ticket after I parked in front of a driveway within 7 feet of a street sign, and adjacent to the crosswalk. I saw some posts that said that legally driveways might not be in close proximity to these things. Is there a chance that the driveway may not be legal? and if so how do i check/dispute?
Hi E,
Good evening.
Great question.
Here’s the information you’re referring to:
Overview of Curb Cut Requirements
Proposed work must meet specific technical requirements. You must hire a New York State licensed Professional Engineer (PE) or Registered Architect (RA) to submit your curb cut permit application with the Department.
Minimum Distances from Sidewalk Obstructions
Trees: 7 feet
Hydrants: 7 feet
Light Poles: 7 feet
Street Signs: 7 feet
Utility Poles: 7 feet
Phone Booths: 10 feet
Residential Zone Easements: 5 feet
Adjacent Driveway Edge: Varies with zoning district
Here’s a blog post I wrote about your question, “What Happens if I Park in Front of an Illegal Driveway in NYC?”
Good luck.
Regards,
Larry
Hello I am a home owner of a 2 family residential dwelling house, & my curb cuts is missing & damaged. Motorist are parking in the grass areas causing a mess. the dirt would go into the catch basin. Can the city/ DOT fix my curb-cuts. Thanks. Raj.
Hi Raj,
Good afternoon.
I’m afraid your question is outside of my limited scope of expertise. However, here’s a link to the curb cut page on the NYC Buildings webpage.
Good luck.
Regards,
Larry
Larry,
What is your source of information that a driveway without a curbcut = Illegal drivway?
You can walk around in NYC and see lots of legal driveways without a curbcut.
Are you sure?
Hi DB,
Good afternoon.
Great question.
Yes, I’m sure a “legal” driveway must have a curb cut. If there is no curb cut authorized by law, the driveway is not legal.
In order to arrive at this conclusion, I considered a variety of sources:
1. NYC Traffic Rule, Definition of Driveway.
“Driveway. “Driveway” means every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.
2. NYC Traffic Rule, 4-08(f)(2)
(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 him/her at that address in front of such driveway, provided that such 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 the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been 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.
3. NYC Buildings-Curb Cuts
A curb cut is a dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock or drive-through. Before beginning a curb cut project, the Department must approve the proposed plans to confirm that the design meets safety and zoning requirements – and then issue a work permit. Construction permits for a curb cut project will have different expiration dates, so plan accordingly.
4. NY Times article, “A NYC Driveway: A Blessing or Curse.”
Interesting article.
Other City agencies also regulate curb cuts. For example, you must have sidewalk and curb permits from the Department of Transportation’s (DOT) Office of Construction Mitigation Coordination, and curb cuts must be installed according to DOT’s specifications. Contractors installing curb cuts must have a Home Improvement Contractor license from the Department of Consumer Affairs.
5. Google Related Questions about driveways:
Related questions
What is a legal driveway in NYC?
In the NYC Traffic Rules, the definition of driveway is: “Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.” A curb cut provides the means for a vehicle to enter or exit the property.
The Truth About NYC Curb Cuts, Sidewalks, and Driveways
DISCLAIMER: Google refers to my blog post to answer this question.
Good luck.
Regards,
Larry
If I am parked in Queens, NYC where the back of my car overlaps with part of the curb cut decline but does not overlap with any of the flat area after the decline, is that a legal parking spot? Presuming yes because it doesn’t impede usage of the driveway?
Thanks for your help!
Hi Greg,
Good afternoon.
Wow. That is an amazing question. Sadly, I cannot offer an amazing, definitive answer. But, here are a few thoughts:
-It is insane to issue a driveway ticket when the rear of your car barely infringed on the decline of the curb
-I have looked for curb cut construction standards for NYC, NY State, and even San Francisco, but still can’t decide whether the decline is part of the driveway (or sidewalk ramp).
Here are a couple of diagrams:
I would also check to see if the driveway was a legal driveway. In other words, did the homeowner secure a permit from the DOB. And did it comply with the dimension standards for a curb cut?
Please let us know the results of your good fight.
Good luck.
Regards,
Larry
Here are two photos from different angles demonstrating the “is parking on the decline of the curb cut legal” question:
1. Street view: https://photos.google.com/share/AF1QipMgb1ALVO5cNEHEobpu-2ZTC7Fj8u9u7XuEHnHw147kdokxHeV497gDhpd2QFmF5A?key=dnllZ1hMRmpSR2lhQzl5U1VlYTdma3RXLWphdmxR
2. Sidewalk view; https://photos.google.com/share/AF1QipPbWZZ8j5V2J1sZn3Rx3ZnKjXF9lmFC5j1j0wNCmm2kGL3pPgbNzZKxI45H6EgHwQ?key=VUVZc0o3bTBzX3hoRXpxMmNUd2pLNzlCeW95MllB
Related follow-up: if it is legal to park on the decline of the curb cut and I still get a ticket, what would I cite specifically saying this is legal as part of my fighting the ticket?
And one other different but topically related question: is the parking shown in this image legal? https://ibb.co/pQPPqJW I’ve never seen a crosswalk like this that seems cut out to allow for a parking spot that’s 15 feet from the fire hydrant but can’t imagine why else they designed the crosswalk this way.