NYC Parking Rules you Ought to Know to Save your Dough

Last Updated on January 30, 2018 by Lawrence Berezin

A gaggle of parking rules, regulations, and laws

One place to look for parking rules is in Chapter 39 of the Rules of the City of New York:

“Chapter 39 was adopted by the Commissioner of Finance to prescribe the internal procedures and organization of the Parking Violations Bureau (hereinafter, “PVB”), the manner and time of entering pleas, the conduct of hearings, the amount and manner of payment of penalties, and other purposes of article two-B of the Vehicle and Traffic Law.”

Parking rules gold:

• The operator of a vehicle shall be liable for the fines or penalties imposed for parking violations; and
• The “owner of the vehicle, even if not the operator, shall be jointly and severally liable with the operator if such vehicle was used or operated with the permission of the owner, express or implied”

[alert type=”info” icon-size=”hide-icon”]What this means is the Department of Finance (hereinafter, “DOF”), at their discretion, can hunt down the owner, operator, or both for any parking fines or penalties[/alert]

• This is kind of interesting…A lessor of a motor vehicle is NOT liable for parking fines and penalties if prior to the issuance of a parking ticket against the vehicle, the lessor has registered the vehicle with the Parking Violation Bureau (hereinafter, “PVB”), in a manner prescribed by these rules

[alert type=”info” icon-size=”hide-icon”]Have you ever received a notice from your leasing company charging you for a parking ticket it CLAIMS to have paid?[/alert]

• Computing Times. …”the first day on which an act may be performed, e.g. the date of issuance of the parking ticket shall not be included but the last day of the period shall be included, UNLESS it falls on a Saturday, Sunday, or holiday, in which event the period shall be extended until the next business day”

[alert type=”info” icon-size=”hide-icon”]Have you ever wondered what happens when the 30 day period to fight your parking ticket, or to appeal a guilty finding by a parking ticket judge ends on a weekend? You have until Monday for your Defense Affidavit to arrive at the DOF before the first $10 penalty is imposed, or for your appeal to arrive at the DOF[/alert]

• Here’s something very interesting…”In computing any times under this chapter, an additional three days shall be added if mail is used”

[alert type=”info” icon-size=”hide-icon”]Have any of you missed a filing deadline by one, two, or three days? You may wish to argue the rules allow three extra days to complete the act if mail is used. For example, if you mail your Defense Affidavit to the DOF for a hearing by mail, it is received on the 32nd day after your NYC parking ticket is issued, and a $10 penalty is assessed; why not argue the $10 penalty should be eliminated because the rules permit you to add 3 days to complete the act of filing by mail?[/alert]

• If you do not pay your parking ticket fine and penalty fixed by a hearing examiner within 7 days after a hearing, the scheduled fine amount shall be restored, AND ADDITIONAL PENALTIES SHALL BECOME DUE

[alert type=”info” icon-size=”hide-icon”]For example, if you are found guilty by a parking ticket judge on the 76th day after the issuance of your parking ticket, and you fail to pay your fine and penalty in full within 7 days; an additional $30 penalty will be added to your base fine and prior penalties. WOW! Not good for the driving public.[/alert]

[alert type=”info” icon-size=”hide-icon”]After 100 days INTEREST is assessed against your base fine and penalties until you pay in full.[/alert]

Commentary

Did you know about these golden nuggets? Which rule surprises you the most? Have you ever missed a filing deadline by 3 days or less (mail, only)? Please share your parking ticket experiences. It means a lot to all of us.