Last Updated on September 28, 2023 by Lawrence Berezin
Don’t park commercial vehicles overnight in an NYC residential neighborhood.
Our friend Joe squeezed out a few bucks making deliveries with his commercial truck in NYC. However, He wasn’t able to make much profit during these difficult economic times. Therefore, every penny counts.
Likewise, a single $115 NYC parking ticket can be the difference between winning and losing the day.
Meanwhile, today is a win. Unfortunately, Joe’s luck is about to change.
Table of contents
Estimated reading time: 3 minutes
Here’s the Restriction
No person shall park a commercial vehicle overnight in NYC on a residential street between 9:00 P.M. and 5:00 A.M.
Here’s the challenge
In other words, how do you distinguish a commercial street from a residential street?
Firstly, let’s go to the NYC zoning map to identify one of the eight commercial districts. Meanwhile, the Evil Empire permits parking commercial vehicles between 9P-5A in commercial districts, subject to the provisions of 4-08(k)(5).
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Another rule comes into play when parking your commercial vehicle between 9P-5A.
4-08(k)(5) street storage of commercial vehicles prohibited. When parking is not otherwise restricted, no person shall park a commercial vehicle in an area, including a residential area, in excess of three hours.”
We have beaten parking tickets for alleged violations of 4-08(k)(5):
-By persuading a parking ticket judge,
Firstly, with the proper documentation,
Secondly, the driver of the commercial vehicle
Thirdly, moved the vehicle before the expiration of the 3 hours;
And finally, returned to a parking space on the same block.
Here’s a page on the DOT website you need to read.
May I suggest a starting point?
Learn what constitutes a commercial district.
“Commercial activities in the city are permitted in eight commercial districts based on their functional similarities and locational requirements. Small retail and service shops in C 1 and C 2 districts serve the immediate needs of surrounding residential communities.
-C4 districts are home to larger stores with more goods and services. For example, borough-wide regional retail centers like Main Street in Flushing and Fordham Road in the Bronx.
-C5 and C 6 districts, are central business districts that serve the city, the region, and the nation. They are mapped in Midtown, Lower Manhattan, Downtown Brooklyn, and Long Island City.
-District C 3 for waterfront recreation,
-Amusement parks in District C 7
-And, C 8 for heavy repair shops and automotive uses.”
Zoning Maps
Here’s a link to the NYC Department of City Planning: Zoning Maps
Between the Commercial Overview and Zoning Maps, you should be able to pick some space to park your commercial vehicle overnight without being issued an NYC parking ticket.
An exception to the rule
You are permitted to park your commercial vehicle on a residential street between 9:00 P.M. and 5:00 A.M., subject to 4-08(k)(5) provisions.
– if you are actively engaged in a commercial enterprise at premises located within three city blocks of where the summons was issued.
So how did you prove that you moved your vehicle before the three hours were up, did you take a photo or something?
Jason,
Great question.
We used the client invoice that included our plate# and time of departure and time of delivery to persuade the Evil Empire that the vehicle left the parking space, returned, and didn’t violate the street storage rule.
Any other ideas?
Best,
Larry
How about limos with T&LC plates in residential streets of Queens, e.g. Sunnyside Gardens, NY ? Can they park overnight ? Please comment
Andres,
Good morning.
Great question.
Here’s the definition of “commercial vehicle” for purposes of parking in NYC:
Definition of a Commercial Vehicle…
For the purposes of parking, standing and stopping, a commercial vehicle is defined as a vehicle that bears commercial plates,
and is permanently altered by having all seats and seat fittings, except the front seats, removed to facilitate the transportation of property (for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered),
and displays the registrant’s name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels.
Does your limo fit the definition?
Best,
Larry
Is there a map of midtown that identifies residential streets an where you can park a commercial vehicle overnight? The links above didn’t provide that information. Thanks!!
Mike,
Commercial vehicle parking is permitted in commercial zones. This is based on the NYC zoning maps. You’ll find reference to them on the blog.
Best,
Larry
Can a van be used for commercial purposes but doesn’t have a commercial plate in NYC.
Hi George,
Good morning.
Here’s the definition of “commercial vehicle”
(i) For purposes of parking, standing and stopping rules, a vehicle will not be deemed a
commercial vehicle or a truck unless:
(A) it bears commercial plates; and
(B) it is permanently altered by having all seats and seat fittings, except the front seats, removed to facilitate the transportation of property, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab will not be considered in determining whether the
vehicle is properly altered; and
(C) it displays the registrant’s name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a
color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels.
(ii) For the purposes of rules other than parking, stopping and standing rules, a vehicle designed, maintained, or used primarily for the transportation of property, or for the
provision of commercial services and bearing commercial plates will be deemed a commercial vehicle.
(iii) Vehicles bearing commercial or equivalent registration plates from other states or countries will not be deemed trucks or commercial vehicles unless they are permanently
altered and marked as required in (i)(B) and (C) of this definition, above.
If your van is registered in NY, it must have commercial plates plus the other elements mentioned above. If your van is registered out of state, it still must have your state’s version of commercial plates and the other elements.
Good luck.
Regards,
Larry
Hello, I rented a u haul 10ft truck.. I had to park it overnight. I downloaded the map and ended up parking in a c8-3 area which I believe was a commercial parking spot.. The next morning I still received a ticket… Where did I go wrong
Dulcina,
Good afternoon.
Man, that stinks. Sorry about that.
The only thing I can think of is that you either:
1. Failed to present the proper proof, properly to beat an overnight parking ticket (commercial vehicle)
2. The judge was a “rogue” judge
If you email me the judge’s decision and the documents you submitted, I’m happy to take a closer look.
Best,
Larry
Hello I have I question I have a ford transit Connet the small one but has commercial plates can I Parkin in the streets ?
Marvin,
Good afternoon.
This is a simple question, but needs a bit of a complicated reply.
The general rule to live by is that if your chariot has commercial plates, it should be altered to park in NYC. The piece that is a bit more complicated is that you may be able to defend some parking tickets because the Ford Connect is not altered.
For example, I have argued successfully that an unaltered vehicle is not a “commercial” vehicle for parking purposes, and therefore can legally park in a residential neighborhood overnight. (See, definitions, “commercial vehicles” NYC Traffic and Highway Rules: Commercial vehicle.
(i) For purposes of parking, standing and stopping rules, a vehicle shall not be deemed a commercial vehicle or a truck unless:
(A) it bears commercial plates; and
(B) it is permanently altered by having all seats and seat fittings, except the front seats, removed to facilitate the transportation of property, except that for vehicles
designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered; and
(C) it displays the registrant’s name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels”).
On the other hand, an unaltered vehicle bearing commercial plates will get a parking ticket for “unaltered vehicle,” “improper registration,” and many others. Some of the parking tickets will be defensible, but you’re going to spend a bunch of time fighting and paying.
There are so many factors that may be going into your decision to drive an unaltered vehicle with commercial plates in NYC, I’ll leave the balancing act up to you and your good judgment.
Good luck.
Best,
Larry
Hi Larry,
We are an out-of-state company delivering to a restaurant in the Flat Iron district in Manhattan. We typically deliver before 7:00am and are usually leaving the island before then as well. Our delivery truck is obviously a commercial vehicle but does not have our full street address displayed but instead has our company name with city & state clearly marked. Does this satisfy the requirement to avoid being tagged in the loading zones?
Thanks,
Murph
Hey Murph,
Good afternoon.
The rules require the “Registrant’s name and address…”
It’s sad, but any deviation from the black letter of the rule invites a parking ticket for unaltered commercial vehicle.
Getting in and out before 7A allows your delivery truck to double park in Midtown.
Good luck.
Best,
Larry
Hello, am i allowed to park a commercial vehicle in a private lot of a 60 unit residential building overnight?
Luis,
Good afternoon.
Great question.
And, I’m sorry to say, I don’t know the answer.
There are two separate rules that come into play here.
4-08(k)(6) Nighttime parking of a commercial vehicle. This rule prohibits parking a commercial vehicle on a residential street. It doesn’t stop you from parking in a private lot.
4-08(k)(5) Street storage of commercial vehicles. This rule prohibits parking a commercial vehicle “in any area,” including a residential area, in excess of 3 hours.
I don’t know how to interpret “in any area.” Does it include an off-street private lot?
My guess is, and it’s only a guess, that if you have permission to park in the private lot, it’s O.K.
Good luck.
Best,
Larry
Thanks for this post! Very informative. I have a follow up – can a business park its commercial vehicle overnight (over 3 hours) in a non-residential area on the street in front of its own building? What if it’s in front of its driveway? My reading of the law would say “no” to on the street parking but “not sure” on the driveway issue. Thanks!
Samantha,
Good morning.
Great question.
Parking commercial vehicles is very, very challenging (to say the least).
I am very sorry to say that ownership of a driveway doesn’t create a
legal commercial parking zone for 3 plus hours of parking.
Good luck.
Regards,
Larry
Hey Lawrence I have a question for you. My commercial semi truck was cited for parking overnight in a residential area that had no regulatory sign to communicate that restriction. Can I fight this citation by proving that there was no regulatory sign or can I use the exception rules that allows commercial vehicles parking between 9pm-5am? The citation was given at 9:12pm. Thank you
Hi Ricardo,
Good afternoon.
Sorry to learn about your overnight parking pain.
I’m afraid that notice is not required by sign or otherwise for the overnight commercial parking rule. Meanwhile, as you correctly stated, the rule begins at 9 pm. Since your ticket was issued after the rule began, your vehicle was covered.
Please don’t shoot the messenger, Ricardo.
Regards,
Larry
Hi, I have a commercial vehicle and my business is at my residence (sole proprietor). Can I park my commercial vehicle on the residential street between the hours of 9:00 P.M. and 5:00 A.M. if I am actively engaged in a commercial enterprise at my premises or w/in 3 city block.
What is the definition for “engaged in a commercial enterprise” . Thanks
Bree,
Good morning.
Super duper question.
Technically, you may have complied with the letter of the rule, but not the intent of the rule.
Here’s a story…A client of ours had his principal office in his home. He parked his commercial vehicle in front of his home on a residential street. He got ticket after ticket, beat some, lost some. But finally he gave up. He was spending a ridiculous amount of time fighting tickets.
You also are subject to the 3-hour street storage rule. You’d have to move your car every 3 hours. Tough on the good night sleep thing.
Plus the warriors or cops don’t know you run your business out of your house. If you leave a note, they’ll ignore it.
Double Plus…Will you be actively engaged in your business at 2AM? Every day?
I might give it a try and see what happens.
Regards,
Can I park a commercial vehicle over night at a parking meter that’s on a Avenue
Adam,
Good morning.
Great question.
You are only permitted to park a commercial vehicle for 3 consecutive hours in the same parking space, regardless of where you park it.
Sadly, paying the meter doesn’t allow you to park a commercial vehicle longer than 3 consecutive hours.
Best,
Larry
Can a truck with Ag plates park overnight in the city?
Zaid,
Good morning.
Great question.
I wish I knew the answer, but I don’t.
Trucks are commercial vehicles.
My gut tells me that a truck with AGR plates is considered a commercial vehicle and is subject to the prohibition against parking commercial vehicles overnight in residential neighborhoods. It would also be subject to the prohibition against parking commercial vehicles more than three consecutive hours in the same parking space.
Good luck.
Regards,
Larry
Thank you.
This is a question for Larry. I didn’t see any other place to ask s question so I’m writing here.
Hi Larry, I want to buy a cargo van for my grandson with no windows but I want passenger plates. I read that if it has a permanent seat in the back or bed or stove so I could prove its for camping, I would be able to get passenger plates. Is that true? And if not, what do I hv to do to get passenger plates for a cargo van w/no windiws. I also want it to hv the protective cage behind the front seats. He wants it for when he goes fishing but we don’t want the things in the back to go flying forward if by any chance we hv to hit the brakes. And where we live in NYC, vans w/windows get broken into when the thieves see things in the back!
Thank you in advance for your reply.
Julie,
Good afternoon.
Hope you’re enjoying the holiday festivities.
This is a very confusing area, but here is the DMV regulation that answers your question:
Vans (Part 106.3 (d)) – you can register a van in the ‘Passenger’ class if the van has
at least one side window behind the driver and at least one seat or set of seat fittings that is installed behind the driver
or… camping equipment that is installed behind the driver.
‘camping equipment’ indicates that you have a permanent bed, a permanent stove, or a permanent refrigerator in the vehicle. If this equipment is removed and you use the van, you must register the van as a commercial vehicle.
Since the van has no windows, you may wish to look at the “OR” options, which include either 1) a permanent bed 2) a permanent stove 3) a permanent refrigerator. Your choice.
Good luck.
Regards,
Larry
hello,
I’m a motor coach driver staying in Brooklyn @ the Holiday Inn Express. Where is there overnight bus parking in Brooklyn & the price to park?? I’m headed there on Thursday through Monday.
Thanks
Kelly
Kelly,
Good morning.
You may wish to check with an expert, Margot Tohn.
This information is not within the scope of my limited expertise.
Here’s a link to her website.
http://parkitnyc.com/parking-nyc/
Good luck.
Regards,
Larry
Hello Larry,
I have a question from the other side of the isle.
There are a lot of ambulettes parked in my neighborhood overnight. Each vehicle takes at least 1.5 spaces and having 2 of those parked one after another takes space of 3 cars. This makes it extremely hard (if not impossible) to find a spot to park my car. My question is: do ambulettes fall under 4-08(k)(5) regulations (after all, TLC and livery licence places imply that the vehicle is used for commercial purposes) or is there another regulation that should prevent them from hogging parking spots in my neighborhood?
Thank you,
Michael
Dear Michael,
Good morning.
Happy Father’s Day (if applicable).
This is a great question.
I don’t have a definitive answer for you. But, here’s what I think…
A commercial vehicle bears commercial plates and has to be altered.
An ambulette doesn’t bear “commercial” plates and isn’t altered.
Therefore, I don’t believe an ambulette is considered a commercial vehicle for
parking in residential neighborhoods overnight.
I would check on zoning laws or ordinances.
Are ambulette type vehicles banned from parking overnight in a residential neighborhood.
Good luck.
Regards,
Larry
Hi Larry,
I have the same problem. There is an Ambulette company around the corner from my home, they have a parking lot and still park all over the place and not in their lot. Sometimes it takes hours to find a parking spot because of this especially if you arrive home after 6pm. Their vans have their name, address, and phone number all over the van and the van has been altered to accommodate their handicap passengers. All the seats have been removed or altered into a different position. Can these be considered “commercial” and their vehicles just be registered wrong. Several residents of the neighborhood have tried speaking to them and they have gotten extremely nasty and have made things worst. What can be done?
Thank you
Jennifer
Dear Jennifer,
I am sad to report (after dedicating 6 years, 7-days-per-week with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link
https://newyorkparkingticket.com/passenger-vehicles/
Am I able to park a commerical vehical in a commerical overnight
Robert,
Good morning.
It is legal to park a commercial vehicle in an area
zoned commercial or industrial.
Best,
Larry
Hi Larry,
Thank you for running such an excellent page that is full of great information.
I am considering a job where I will receive a Prius with commercial plates. Being that I live in Queens and rely on street parking, this presents a parking dilemma.
I understand that a Commercial Vehicle is defined as a vehicle that bears commercial plates AND displays the registrant’s name…
If I purchase magnetic sheets that cover the permanently affixed logo in my otherwise unaltered Prius, can I get away with parking in front of my residence in Queens?
Regards,
Lee
Dear Lee,
I am sad to report (after dedicating 6 years, and 7-days-per-week with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link
https://newyorkparkingticket.com/passenger-vehicles/
Hello, I live in a residential neighborhood here in College Point NY. And our neighbors have a lot of Taxi with the TLC license plate. Are they allowed to park overnight on our block and if they can who do I CALL OR EMAIL. SO WE CAN get some parking spot at night time. Thank you.
Desmon,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
I had a Uhaul cargo van and parked it on a residential street overnight and got a ticket. If I go to court, what’s the best argument I can make to fight the ticket? What constitutes being engaged in commercial enterprises for a Uhaul?
Erin,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
I parked my commercial pick up truck on a 28C Zone. Cops gave me a ticket for overnight parking. Are they right? I always thought McDonald venue in Brooklyn is consider a commercial street. That is the reason I always thought i can park my truck overnight. Am I right or wrong?
I currently live in Queens. I have a commercial vehicle that I parked in my driveway. If I am correct as long as the vehicle is behind your property line and X amount of feet the vehicle can be parked on your property. I live in residential neighborhood. I do recall reading someplace about this clause .
Dear Michael,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
did you get an answer for our question? I have the same problem in Glendale, Queens. I’ve been parking in my driveway for 6 years with no issues until a neighbor complained about it. Now I got a violation with the Buildings Department with a $500 fine.
I stopped in to a store at 2 a.m. to get a sandwich and when I came out my van had a ticket on it . My question is does there have to be on the ticket a time first observed and then a time of offense written on the ticket so it can be proven you were parked there not just stopped for a second or is that unnecessary and just because you are in a parking spot at that second you can be given a ticket without the officer having to know whether you were there for one minute or one day. Is there no regulation stating an amount of time before you’re allowed to be ticket
Lindsay,
I am sad to report (after dedicating 6 years, 7-days-per-week, with two months off for my heart attack) that I will no longer be answering questions on Larry’s Blog. You’ll find a treasure trove of information in the 746 Blog Posts and growing, F.A.Q.’s, and comments.
If you need help, you may wish to check out of service offerings. Here’s a link.
https://newyorkparkingticket.com/passenger-vehicles/
Hello. Can a commercial vehicle park at a regular metered parking space in Manhattan during day time as long as it pays the ticket?
Hi JJ,
Yes.
Let’s go Giants!
Larry
Thanks Larry!
Hi Larry,
Is the non-commercial car able to park on commercial parking space on Sunday in Manhattan? The sign says “NO STANDING 7AM-10AM 4PM-7PM EXCEPT SUNDAY 3 HOUR METERED PARKING COMMERCIAL VEHICLES ONLY OTHERS NO STANDING 10AM-4PM EXCEPT SUNDAY”
Thanks!
Bus layover parking on w45th between 11th& 12th. Signs say bus layover parking only…. but what’s the limit? Can a bus park overnight?
J,
Good morning.
I sorry to say that I don’t know the answer to your excellent question.
Regards,
Larry
Hi.
The law is kind of gray when it comes to TLC plates.
I live on a residential street. No commercial trucks overnight, even in your own driveway. My neighbor got a Buildings violation for keeping his landscaping truck in his driveway.
My question is, How about an unmarked Uber cab with TLC plates?
I know DOB doesn’t ticket at random, they only respond to neighbor’s complaints. But we have a miserable person on the block. My neighbor’s ticket was $800. I don’t want to risk it.
Hi Robert,
Good morning. Great question. I agree with you about the confusion involving TLC plates.
First, let’s look at the Rules:
1. Definition of “commercial vehicle”: Commercial vehicle.
(i) For purposes of parking, standing and stopping rules, a vehicle shall not be deemed a
commercial vehicle or a truck unless:
(A) it bears commercial plates; and
(B) it is permanently altered by having all seats and seat fittings, except the front
seats, removed to facilitate the transportation of property, except that for vehicles
designed with a passenger cab and a cargo area separated by a partition, the seating
capacity within the cab shall not be considered in determining whether the vehicle is
properly altered; and
(C) it displays the registrant’s name and address permanently affixed in characters at
least three inches high on both sides of the vehicle, with such display being in a color
contrasting with that of the vehicle and placed approximately midway vertically on
doors or side panels.
(ii) For the purposes of rules other than parking, stopping and standing rules, a vehicle
designed, maintained, or used primarily for the transportation of property, or for the provision
of commercial services and bearing commercial plates shall be deemed a commercial
vehicle.
2. Nighttime parking: (6) Nighttime parking of commercial vehicles prohibited. No person shall park a commercial
vehicle on a residential street, between the hours of 9 p.m. and 5 a.m. Where a commercial vehicle is parked in violation of this paragraph, it shall be an affirmative defense to said violation,
with the burden of proof on the person who received the summons, that he or she was actively engaged in business at the time the summons was issued at a premises located within three city blocks of where the summons was issued. This paragraph shall not apply to vehicles owned or operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, the
agents or employees thereof, or any public utility.
I don’t think TLC plates fit the definition of “commercial vehicle.” I don’t think the parking rules prohibit a vehicle you described to park in a residential neighborhood.
Regards,
Larry
Hello,
Is it legal to park a commercial vehicle overnight on a street zoned as M1-5? My van received a ticket for parking a commercial vehicle on a residential street between 9pm-5am, violation 4-08(k)(6). This was on 22nd street between 10th and 11th ave. The district is zoned as M1-5 (manufacturing) so I’m not sure how that can be considered residential?
Thank you!
Ben,
Good morning.
Great question.
Did you park the van in a residential neighborhood within the zone?
If not, let me know or send me the exact address where you parked overnight.
Regards,
Larry
Do you know of any commercial parking lots that can store a moving van from out of town overnight (Sat PM to Sun AM) so that a two day moving job in the city can be completed?
Hi, TJ,
Good afternoon.
I’m sorry I don’t know of any that I have a history or experience with.
Sorry!
Regards,
Larry
Hi, Mr. Berezin.
My street in Kew Gardens Hills has an extreme shortage of parking due to its proximity to Queens College. Lately, there has been a proliferation of ambulettes, shuttles, etc. parked overnight on our residential street. Since they have livery plates (and I cannot understand why they are not required to have commercial plates), they CAN take up 2 parking spaces and deny residents parking convenient to their homes. First there was one regular shuttle, then an ambulette started parking here, and now I’ve seen seafood trucks, actual buses, etc. Can the parking law be changed to prohibit these oversized vehicles from parking in residential streets and denying residents parking?
Hi, E,
Good morning. Great question. Yes, the law/rule can be changed but it will take a lot of hard work.
I would start by compiling your evidence. How many of those oversized vehicles park on a block (both
sides of the street from one intersection to the next)? How many regular parking spaces on the block?
Once you have some numbers for a reasonable period of time, you need support. Do your neighbors agree with you?
How about your local officials? Etc.
If you can garner some support, you gotta get your council person on your side.
Good luck.
Please keep us posted on your progress.
Regards,
Larry
Bensonhurst Brooklyn can you park a large commercial truck or any truck size in your driveway over night and weekends in residential area of R1 TO R3
Hi, Anthony,
Good morning.
I’m afraid you cannot park a commercial vehicle in a driveway in a residential area overnight and weekends included.
There are two rules at play here, 1)Overnight street parking of a commercial vehicle in a residential area, and 2) Street storage of a commercial vehicle.
The street storage rule prohibits parking a commercial vehicle in a residential area in excess of three hours.
Rule #1 prohibits parking on the street, While Rule #2 prohibits parking in a “residential area” for more than 3-hours.
You might argue that you can park a commercial vehicle in your driveway for less than 3 hours, but you’ll likely get a ticket and the original hearing judge will likely find you guilty. You might win on appeal.
Regardless of these two rules, and a possible small loophole, the Evil Empire does not want commercial vehicles to park in residential areas, so your road to beating such a ticket will be a tough challenge.
Good luck.
Regards,
Larry
this post has been alive since 2014 and larry you are still answering ! you are the real MVP .
i have one for you, i am building a van to live in, so i am planning to plate is a passenger (using the modification of vehicle class, Vans (Part 106.3 (d)))
Assuming i have regular passenger plates, i should not get ticket even if i park in residential area?
thanks again for your support to everyone
Hi Ant,
Good morning.
Thanks for your kind comment.
A passenger van can park overnight in a residential area. Have you checked the zoning laws to make sure you can park and live in the van?
Good luck, Ant.
Regards,
Larry
Hope you are well. I am trying figure out if Chelsea is till considered a commercial zone. I have parked my commercial vehicle on west 27 st overnight for many years. Got a ticket last night. Is it still considered a legal commercial zone?
Hi Marie,
Good afternoon.
Here are a few links to help answer your question about Chelsea.
-Wikipedia
“Chelsea is a neighborhood on the West Side of the borough of Manhattan in New York City. The district’s boundaries are roughly 14th Street to the south, the Hudson River and West Street to the west, and Sixth Avenue to the east, with its northern boundary variously described as near the upper 20s[5][6] or 34th Street, the next major crosstown street to the north.[7][8] To the northwest of Chelsea is the neighborhood of Hell’s Kitchen, as well as Hudson Yards; to the northeast are the Garment District and the remainder of Midtown South; to the east are NoMad and the Flatiron District; to the southwest is the Meatpacking District; and to the south and southeast are the West Village and the remainder of Greenwich Village.[9][b] Chelsea is named after the Royal Hospital Chelsea in London, England.
Chelsea contains the Chelsea Historic District and its extension, which were designated by the New York City Landmarks Preservation Commission in 1970 and 1981 respectively.[10] The district was added to the National Register of Historic Places in 1977, and expanded in 1982 to include contiguous blocks containing particularly significant examples of period architecture.
The neighborhood is primarily residential, with a mix of tenements, apartment blocks, city housing projects, townhouses, and renovated rowhouses, but its many retail businesses reflect the ethnic and social diversity of the population. The area has a large LGBTQ population.[11] Chelsea is also known as one of the centers of the city’s art world, with over 200 galleries in the neighborhood. As of 2015, due to the area’s gentrification, there is a widening income gap between the wealthy living in luxury buildings and the poor living in housing projects, who are, at times, across the street from each other.
Chelsea is a part of Manhattan Community District 4 and Manhattan Community District 5, and its primary ZIP Codes are 10001 and 10011.[1] It is patrolled by the 10th Precinct of the New York City Police Department.”
West Chelsea zoning proposal approved!
“On June 23, 2005, the City Council approved the Department of City Planning’s proposals for zoning text and map
amendments affecting the West Chelsea area in Community District 4 Manhattan. The area is bounded generally by
Tenth and Eleventh Avenues from West 30th Street south to West 16th Street. The proposal would create the Special
West Chelsea District to provide opportunities for new residential and commercial development, facilitate the reuse of
the High Line elevated rail line as a unique linear open space, and enhance the neighborhood’s thriving art gallery
district. Modifications by the City Council are described here.
Facilitated in large measure by the West Chelsea rezoning, the City Parks and Planning Departments, are working closely
with the Friends of the High Line on the $85 million restorations and conversion of Manhattans High Line into a lush green
linear park located on the West Side. Section I will be open to the public in Spring 2009.”
NYC Planning_Commercial Districts
I hope these links help answer your question.
Regards,
Larry
Hello Larry,
Thank you for this website. These laws are not made clear anywhere else that I’ve found. Here’s my dilemma:
I am purchasing a mini van to use as commercial vehicle. It will have commercial plates and other requirements, but no advertising. It will also have stow away seats that fold down when needed. Can I park in a residential zone overnight with commercial plates but the seats up? Thank you
Hi Tony,
Good afternoon.
You’re right. These rules are very confusing!
Firstly, the relevant portion of the definition of a commercial vehicle rule:
(i) For purposes of parking, standing and stopping rules, a vehicle will not be deemed a commercial vehicle or a truck unless:
(A) it bears commercial plates; and
(B) it is permanently altered by having all seats and seat fittings, except the front seats, removed to facilitate the transportation of property, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab will not be considered in determining whether the vehicle is properly altered; and
(C) it displays the registrant’s name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a
color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels.
If your vehicle bears a commercial plate, but is not properly altered, then the ticket you should receive is for “Unaltered Commercial Vehicle.”
Here’s that rule:
4-08 (k) Special rules for commercial vehicles.
(1) Parking of unaltered commercial vehicles prohibited. No person shall stand or park a vehicle with commercial plates in any location unless it has been permanently altered with all seats and rear seat fittings, except the front seats, removed, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered, and has the name and address of the owner as shown on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than three inches in height, in compliance
with §10-127 of the Administrative Code and is also in compliance with paragraph (i) of the definition of commercial vehicle as set forth in §4-01 of these rules.
Meanwhile, here’s the rule for nighttime parking of commercial vehicles in residential neighborhoods:
4-08 (K)(6) Nighttime parking of commercial vehicles prohibited.
No person shall park a commercial vehicle on a residential street, between the hours of 9 p.m. and 5 a.m. Where a commercial vehicle is parked in violation of this paragraph, it shall be an affirmative defense to
said violation, with the burden of proof on the person who received the summons, that he orbshe was actively engaged in business at the time the summons was issued at a premisesblocated within three city blocks of where the summons was issued. This paragraph shall not apply to vehicles owned or operated by gas or oil heat suppliers or gas or oil heat systems maintenance companies, the agents or employees thereof, or any public utility.
In conclusion, you do not violate (k)(6) because your vehicle did not fit the definition of commercial vehicle because it is not altered. Therefore, it is legal to park you vehicle in a residential neighborhood. But, driving your vehicle in that condition runs the risk of a parking ticket for unaltered commercial vehicle.
Meanwhile, many warriors or cops issue both of these tickets to a vehicle in your condition. But, I you can fight the nighttime parking ticket and win.
Good luck, Tony.
Regards,
Larry
Hello,
I currently have commercial plates for a SUV vehicle (not truck or larger axled unit). Can I park at regular parking meters in NYC or am I only restricted to the parking meters that have the “commercial vehicle only” signs/zones? Thank you in advance for your help and time.
Hi Richard,
Good afternoon.
Technically, your SUV is not considered a commercial vehicle for parking purposes because it is not “altered.” Generally speaking, I don’t think there are many parking spaces limited to passenger vehicles, only. Here’s the definition of commercial vehicle:
Meanwhile, you are not restricted to parking at meters that have “commercial vehicle only” signs. However, my concern would be the reaction of the warriors when they see the commercial plates attached to the SUV. They may start issuing tickets for “unaltered commercial vehicle.”
Good luck.
Regards,
Larry
UPDATE: September 16, 2023.
If you park your SUV with commercial plates, you will get a ticket for “unaltered commercial vehicle.” Here’s the rule:
4-08 (k)(1)
(k) Special rules for commercial vehicles.
(1) Parking of unaltered commercial vehicles prohibited. No person shall stand or park a vehicle with commercial plates in any location unless it has been permanently altered with all seats and rear seat fittings, except the front seats, removed, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered, and has the name and address of the owner as shown on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than three inches in height, in compliance with § 10-127 of the Administrative Code and is also in compliance with paragraph (i) of the definition of commercial vehicle as set forth in 34 RCNY § 4-01.