Last Updated on September 6, 2021 by Lawrence Berezin
Obstructing a traffic lane is the Evil Empire’s alternative to a double parking ticket
Here’s a rabbit the NYC Department of Finance, Parking Violations Bureau pulled out of their hats. Code 45: Obstructing a Traffic Lane. This code violation was enacted because the driving public was beating a summons for Code 46: Double Parking. With a wave of its magic wand and a puff of smoke, Code 45 magically appears.
Now, instead of writing a summons for double parking; our resourceful parking ticket warriors write a summons for obstructing a traffic lane.
Let’s compare Code 45 and Code 46.
- “Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words, ‘double parking’ “
- There is no restriction on the distance a double parked vehicle may extend from the curb
- There are a number of defenses you can raise to defeat an NYC parking ticket for double parking. Such as:
- Stopping to drop off or receive passengers
- Making a delivery or service call, if you are a commercial vehicle
Code 45: Obstructing a Traffic Lane is the big, new, hairy, parking ticket monster.
- It prohibits, stopping, standing or parking in a traffic lane; or parking your vehicle extending more than 8 feet from the curb.
- You cannot stop to discharge or receive passengers; nor can you stop, stand or park to make a delivery or service call, if you are a commercial vehicle
How can you fight this big, new, hairy NYC parking ticket monster?
We suggest you look at the front of the NY parking ticket in the space provided for officer’s comments. You have a fighting chance to win, if the parking ticket doesn’t say:
- Vehicle extended more than 8 feet from the curb; or
- The distance your vehicle extended from the curb; or
- There were less than 10 feet for vehicles to pass your vehicle
Commentary
Is this a slam dunk? Absolutely not. It’s up to the discretion of the hearing official. It’s worth a shot!
Have you had any experience filing an NYC parking ticket dispute for a violation of Code 45? If so, please share the outcome. It will help us all.
Your opinion matters!
Hi, I got a 46 form ticket nyc (double parking violation) because of making traffic. Actually I was making double parking on the left side where cars are parked. The street is narrow. Did I parked wrong?
Rocky,
I am an old guy and apologize for not understanding your question.
There are a majority and minority opinions about double parking in NYC. The majority opinion holds that a passenger vehicle can never, ever double park legally.
The minority view is that a passenger vehicle can double park temporarily to drop off or pick up a passenger and leave immediately.
I believe the minority opinion is the correct interpretation of the rule. But, sometimes you just have to fight to prove you’re right.
Good luck.
Regards,
Larry
Hi I got the 45 code ticket. I parked in a parking lot. There isn’t any clear mark where the parking ends. My car was the last one in the row, it was the yellow line the one side, that separate the parking spots, and I decided that I can park there, but turned out that was already the road. I don’t know if u should fight it, but it was at list three cars parked behind me in the row. All these ppl obviously were confused too
Hi Tatiana,
Oh, man. Sorry to learn about the painful parking ticket.
If you’d like me to check out the ticket, please take a photo and email it to me at larry@newyorkparkingticket.com, along with any photos you took of the area where the parking ticket was issued.
Looking forward to your reply.
Happy to help.
Regards,
Larry