Last Updated on March 7, 2018 by Lawrence Berezin
Parking rules can be difficult to understand
Parking rules are found in:
The Traffic Rules, Title 34, Chapter 4 were promulgated by the Commissioner of Transportation while the Evil Empire issued the rules in Title 19, Chapter 39 of the Rules of the City of New York.
In a perfect world, every driver would spend their valuable time learning each and every rule and how to apply them curbside. But, since this is not a perfect world, I am going to cherry-pick a bunch of parking rules you should know to get us started
Stopping, standing, and parking
I am still getting comments from friends and clients who believe that when they are sitting in their car they are not parking. Somehow, sitting in a car magically turns parking into standing. Nope, nada, never.
Here’s how the rules define no stopping, no standing, and no parking prohibitions:
[alert type=”info” icon-size=”normal”]4-08(a)[/alert]
(2) Stopping prohibited. When stopping is prohibited by signs or rules, no person shall stop, stand or park a vehicle, whether attended or unattended.
(3) Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.
(4) Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading or unloading property to or from the curb.
In other words:
-Stopping is halting, standing is stopping, and parking is standing. They are all the same. Your car sits motionless in the roadway whether occupied or not
-The difference between stopping, standing, and parking is simply the activity you can do in each area
-For example, in a no parking zone, you can stop temporarily to expeditiously pick-up or drop-off a passenger and his groceries to the curb and leave the area immediately
-For example, in a no standing zone, you can stop temporarily to expeditiously pick-up or drop-off a passenger to the curb and leave the area immediately (you get to keep the groceries)
[Advanced parking rules tip: Who made this confusing stuff up? It was created by the NYC Department of transportation. You’ll find the three no’s in 4-01 Definitions. The definition of standing and parking specifically state that a driver is not standing or parking while actively engaged in picking-up or dropping-off people (no standing zone) and their stuff (no parking zone)]
[alert type=”info” icon-size=”normal”]
See, the definition of standing and parking in 4-01
Standing. The term “standing” shall mean the stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
Parking. “Parking” shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers
Who created those wonderful required elements?
Believe it or not, our friendly Evil Empire. Here’s the parking rule:
§39-02 Notice of Violation (Summons).
(a) Contents. (1) The notice of violation (summons) shall be in such form as may be prescribed by the Director and shall contain the registration plate number, the type of registration, the state of registration, the date of expiration, a description of the vehicle, a general statement of the violation alleged, including
- a reference to section 4-08 of title 34 of the official compilation of Rules of the City of New York or applicable provision of the Vehicle and Traffic Law or of the Administrative Code of the City of New York or any other law or rule, information as to
- the days and hours the applicable rule or provision is in effect, unless always in effect pursuant to the rule or provision and where appropriate the word “all” when the days and/or hours in effect are every day and/or twenty-four hours a day,
- the date,
- time and
- place of occurrence, and,
- if a meter violation, the meter number. A mere listing of a meter number in cases of charged meter violations shall not be a sufficient description of a particular place of occurrence of the charged violation.
The subsection continues:
(2) Where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker of a vehicle is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation, provided that such condition is so described and inserted on the notice of violation.
(3) If any information that is required to be inserted in a notice of violation is omitted from the notice of violation, misdescribed, or illegible, the violation shall be dismissed upon application of the person charged with the violation.
(4) The notice of violation (summons) shall also contain information advising the respondent of the manner and time in which a plea with respect to the violation alleged in the said notice may be entered and information warning that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be rendered.
And that is the rule that gave birth to the required elements!
Who says a Warrior or Cop has to enter my name on the parking ticket?
The Evil Empire says it and now you can quote the rule, RCNY, 39-02(b)(1)
§39-02 Notice of Violation (Summons)
(b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served. 4 (c) Operator as agent for service. The operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notice of violation (summons).
(j) Standing or parking vehicles that violate registration and inspection rules are covered or have the VIN obscured.
Here are three of the nine subparts in this section just to give you an idea of how the parking rules operate.
(1) Vehicles must be properly registered. No person shall stand or park a vehicle bearing a New York license plate or plates unless it is properly registered in accordance with the laws and rules of New York.
(2) Valid plates must be properly displayed. No person shall stand or park a vehicle unless it properly displays the current plate or plates issued to it. For the purposes of this paragraph (j)(2), New York plates shall not be deemed properly displayed unless they are conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened so as to prevent the same from swinging and placed, whenever reasonably possible, not higher than 48 inches and not lower than 12 inches from the ground, and they are kept clean and in a condition so as to be readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon. New York dealer or transporter plates issued pursuant to §415 of the Vehicle and Traffic Law shall be deemed properly displayed if the one plate issued is placed on the rear of the vehicle as described above. New York motorcycle plates and plates from other states shall be deemed properly displayed if at least one plate is fastened on the rear of the vehicle.
(3) Vehicles must display a valid registration sticker. No person shall stand or park a vehicle bearing a New York plate or plates unless it properly displays a current registration sticker
Pay particular attention to (j)(3). It commands that:
- All vehicles bearing an NY plate
- Must properly
- Registration sticker
- A current registration sticker displayed on the dashboard of your chariot will win you a ticket
- “I’m waiting for the registration sticker in the mail” will win you a ticket
- Displaying the registration sticker to the left of the inspection sticker will win you a ticket (viewing windshield from driver’s seat)
Here’s the correct way to display the stickers:
Parking rules can be your best friend if you learn ’em or your worst enemy if you don’t. I am not proposing you learn all of the parking rules. But I am urging you to learn the basic ones.
[alert type=”info” icon-size=”normal”]For example:[/alert]
- You better know the length of a bus stop
- How far to park from a fire hydrant
- The difference between no standing and no parking
- How to display your current plates, registration sticker, and inspection sticker
- The proper display is never, ever on your dashboard under any circumstances
Park safely and learn the parking rules.