Last Updated on October 23, 2017 by Lawrence Berezin
Overnight parking and improper registration tickets can be beaten
Our good friend Joe purchased a used Ford van, with permanent seating installed behind the driver’s seat, and windows on the side and rear of the van. Joe registered his van as a passenger vehicle. Joe parked his Ford van in front of his home. Sadly, he got overnight parking and improper registration tickets as follows:
- “Improper Registration” [VC 78] and,
- “Parking a commercial vehicle overnight in a residential neighborhood” [VC 83].
Should Joe pay for these parking tickets without question? Or, fight ’em?
When you’re right-FIGHT (an unjustified NYC parking ticket)
A parking ticket for improper registration [VC 78] is based on the NY DMV requirements for registering a van as a passenger vehicle. It is not based upon any special requirements imposed by New York City parking laws. Ergo, to determine whether Joe is right, he must look at Section 106.3 (d) of the NY DMV regulations, that state:
“Modified van or passenger van.
A van with at least one seat or seat fittings or camping equipment behind the driver and at least one rear side window. This equipment must be permanently installed. Camping equipment means that a bed, stove or refrigerator must always be in the vehicle. Any use of the van without this equipment requires the vehicle to be registered as a commercial vehicle.”
Since Joe’s van complies with this regulation, he properly registered his Ford van as a passenger vehicle. Joe is right, and he should fight!
How about the other NYC parking ticket?
The second parking ticket charged Joe with parking a commercial vehicle overnight in a residential neighborhood. Is Joe right to fight this NYC parking ticket? In my humble opinion, absolutely!
Joe’s Ford van displayed PASSENGER plates. Game-set-match. Passenger plates are the tipping point. This is not a parking ticket that alleges improper registration, or unaltered commercial vehicle. Rather, as a parking ticket judge said to my partner Dan at the conclusion of an in-person hearing after dismissing a parking ticket issued for overnight parking:
“The NYC parking ticket is dismissed because the van displayed passenger plates”
Here’s the sad part of Joe’s story…Joe will probably continue to receive these two NYC parking tickets, and possibly others, despite being right, because warriors will make Joe prove his case over and over. It’s Ali-Frazier sponsored by the NYC DOF.
So, when you register a van like Joe’s van with only one seat panel behind the driver’s seat and plenty of room for commercial type cargo, you should be aware that you’re risking Frazier-Ali in perpetuity.
Can you beat a parking ticket for improper registration for a passenger vehicle? Check it out and save