Last Updated on July 23, 2021 by Lawrence Berezin
Blocking an NYC driveway is a risky business
That is to way, 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?
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!