Last Updated on May 25, 2022 by Lawrence Berezin
Blocking an NYC driveway is a risky business
That is to say, what if:
- It isn’t a legal driveway?
- The driveway leads to a building?
- The driveway leads to a front lawn?
- There isn’t a curb cut?
But scratch one question about an NYC driveway and 10 more questions appear.
Meanwhile, here are two cases involving wonderful members of the driving public and their interactions with an NYC driveway. Was it a legal parking space or a parking ticket and tow?
A tree grows in Brooklyn
A tree grew In front of a portion of an NYC driveway. Would you park in front of the tree? Or would you defer to the ominous shaking fist of the abutting property owner and skedaddle?
Rube Goldberg or simply an NYC driveway?
A great guy called upon me to formulate a winning defense to his parking ticket and tow for blocking a driveway. The place of occurrence was “opposite 515 Clinton Street.” here are some of the images he sent me for my investigation.
What do you think? Is there a defense to his parking ticket and tow?
I could not formulate a winning defense because the place of occurrence entered on the parking ticket killed us. Even though our great guy claimed he parked in the space illustrated above (see SUV next to Rube Goldberg pole), the warrior entered “Opposite 515 Clinton Street,” putting the SUV in a space closer to the middle garages. You rarely, if ever, win an “I said-warrior said” fight.
Did you come up with a winning defense? Did this great guy deserve a ticket and tow?
Commentary
You gotta check out the comments to this blog post. They are worth the price of admission.
Here is the definition of the driveway and the driveway rule to refresh your recollection:
4-01(b) Driveway. Every entrance or exit is authorized according to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.
4-08(f)(2) Driveways. [Standing is prohibited…] 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 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.
Got a minute for a simple, one-question NYC driveway quiz?
Would you like to learn more about the law and rule covering parking in front of an NYC driveway? Well, o.k. then enter your first name and email address below and click gently.
You’ll be glad you did!
Is the entrance to a park path considered a driveway? There is a curb cut but no “No Parking” signage. I was issued an “Obstructing Driveway” ticket.
Hi Chris,
Great question.
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.”
If the police of park people use the curb cut to gain access to the park for their vehicles, then it’s a driveway. If it is only used for pedestrian traffic then it is not a driveway.
Good luck.
Regards,
Larry
Hi, I have a parking ticket stating “obstructing driveway”, however, the end of my car was perhaps slightly overlapping with a loading zone, not a driveway. The curb was as high as the rest of the block, I would find it odd for any car to enter there. Does that mean I can fight this?
Hi, Ioana,
Good afternoon.
Sorry for the delay, but I just returned from a wonderful visit to Seattle to see my children and granddaughter.
There has to be a curb cut to be a driveway in my book. I would fight the ticket if the records show there was no curb cut at the place of occurrence.
Legal Curb Cut?
Good luck.
Hi,
My neighbor has a driveway which a huge tree blocking, no cars can go in or out. Am I allowed to block the driveway if a car can’t go in or out of it?
Thanks
Hi, Mayer,
Good afternoon.
You are permitted to park in front of a driveway when it is blocked by a fixed object (such as a tree). Ergo, I would say yes if you’re sure that a car can’t enter or exit the driveway.
If you’d like to email me a photo, I’m happy to take a look.
Regards,
Larry
Hi. I was parked in front of a gate that the owner spray painted just last night after getting my car towed. There is no curb cut and i have been living 3 cars up for 16 years. This has never been a driveway. The owner just opened a party venue and decided to use this as his personal spot. Where can i go to look if he has a permit forn driveway.
Good luck to you, Frances
https://www1.nyc.gov/site/buildings/homeowner/curb-cuts.page
Regards,
Larry
It’s seems that site is disabled.
I don’t want to call DoB and get my neighbor in trouble if he’s lying but I want to confirm he has a legal, new curb cut.
Any resource to look up permits approved?
Hi Ted,
Good afternoon.
Have you tried this linK?
DOB NOW
Please let me know if it works for you.
Regards,
Larry
Hi Larry-
Thank you for your generosity in reading and responding to our inquiries. Here’s mine:
It was a snow week. I parked in front of a driveway that had snow piled up a few feet, no way the owner could pull into their driveway without first clearing the snow. They never cleared the snow. I have pics.
Do I have a good defense?
Thanks!
Hi Angel,
Thanks for your kind comment.
I’m afraid a pile of snow may not earn you the dismissal of a driveway ticket.
The standard defense applies to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction.
Good luck, Angel.
Regards,
Larry
The site you mention
https://www1.nyc.gov/site/buildings/homeowner/curb-cuts.page
is longer on line.
Where else can I find if a curb cut is legal, or if there is some place in the law that says a driveway must have a curb cut?
I just got a ticket and tow for parking next to a full height curb many feet in front of and parallel to a multi-door garage that is accessed from a curb cut and driveway further up the block. Any suggestions for beating this ticket and getting my towing costs reimbursed?
Thanks.
Hi D.R.
Good afternoon.
I was sad to learn that such a great resource was eliminated. You may want to give this link a try.
Here’s another link that may be helpful
If there is no curb cut and no record of a permit or request for a permit, I would argue that there was no driveway, to begin with. Here’s a link to some blog posts I wrote about driveways and curb cuts.
Good luck fighting the good fight, D.R.
Regards,
Larry