Last Updated on August 14, 2021 by Lawrence Berezin
Parking rule and Parking law and parking ticket
Joe headed out to work on a hot Monday morning. He had one stop to make to pick up his cleaning.
Meanwhile, Joe arrived at his cleaners. But, when he arrived on a busy Monday, there were no vacant parking spaces. So, Joe checked his watch and figured, “what the heck.” Joe didn’t want to be late for work, and he was only going to be gone for an NYC minute and parked in front of a driveway.
Joe ran in, picked up his cleaning, and raced back to his car.
Guess what our friend Joe found when he returned to his car? An angry driver honking his horn, trying to exit the driveway Joe blocked.
Did Joe violate a parking rule, parking law, or both parking in front of the guy’s driveway? Does it matter?
Table of contents
What is the difference between a law and a rule?
The first place to start our investigation is by learning the difference. And there’s no better place to start than analyzing our Federal system and comparing it to NYC.
Meanwhile, substitute the:
- NY City Council for “Congress.”
- The Evil Empire for an “Agency” that makes rules, or the
- Department of Transportation for an “Agency” that makes rules
Here’s a short video that does an excellent job
DId Joe violate a parking rule and a parking law?
Here’s the NYC Council parking law that permits parking for certain limited purposes
Subchapter 2: Parking and Other Uses of Streets
§ 19-162 Permissible parking for certain purposes.
1. Notwithstanding any local law or regulation to the contrary, but subject to the provisions of the vehicle and traffic law, it shall be permissible for a bus owned, used, or hired by public or nonpublic schools to park at any time, including overnight, upon any street or roadway, provided said bus occupies a parking spot in front of and within the building lines of the premises of the said public school or nonpublic school.
2. Notwithstanding the department of transportation regulation prohibiting parking in front of private driveways, it shall be permissible for the owner or lessor of the lot accessed by such driveway to park a passenger vehicle registered to him or her 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, rule or regulation concerning the parking, stopping, or standing of motor vehicles.
The hearing officer shall dismiss any notice of violation issued to the owner of a such passenger vehicle upon receipt from the owner, in person or by mail, of a copy of the vehicle registration containing the same address as that at which the ticket was given or other suitable evidence showing compliance with the law. The bureau director shall set forth the proof required in the case of lots where confusion may arise, including, but not limited to, corner lots or lots with dual addresses.
DOT Rules at page 26
(f) General no standing zones (standing and parking prohibited in specified places).
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 him/her 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.
In conclusion, It seems that Joe violated the DOT Rule for sure. But, I’m not sure that Joe violated the law in Section 19-162 because that law described permissible parking in front of driveways.
About 10 years ago, I wrote a three-part series of blog posts about where to find the various parking rules and laws that control the curbs of NYC.
You may find it interesting to learn where these expensive, costly restrictions live.
As far as whether it makes a material difference whether you violate a parking rule or parking law, I think not. The way it works in NYC is that you’ll get a costly parking ticket for violating the rule. The ticket will refer to the section of the rule you violated; however, whether you know the “parent” of the rule that costs a bunch of money, not really.
You want to learn how to beat the evil ticket.
Happy 4th. Be safe and stay well!
Larry’s Guide to Removing Evil Driveway Blockers
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