Knowledge is parking ticket power
I was casually perusing the NYC Department of Finance and Department of Transportation Websites, reading portions of the NYC rules and regulations in Chapter 39, Title 19 of the Compilation of the Rules of the City of New York; just for fun and to learn more about parking ticket rules. And, came across some interesting stuff, which I would like to share with you.
Did you know this about NYC parking tickets?
- They do not require a parking ticket warrior to complete all the little boxes on an NYC parking ticket. “A form or duplicate thereof prepared and distributed by the Bureau substantially completed and sworn to or affirmed by authorized issuing agents which shall make up a notice of violation when served as provided [emphasis is mine].
[Larry’s comment: HOWEVER, if a “required element” is omitted, misdescribed, or illegible you can beat an NYC parking ticket]
- An NYC parking ticket may be issued by members of the Police Department, Fire Department, Department of Transportation, Traffic Enforcement Agents, Department of Sanitation, the Sheriff, Under Sheriff and Deputy Sheriffs of the Department of Finance’s Office of the City Sheriff, Fraud and Associate Fraud Investigators of the Department of Finance, Department of Business Services, Business Integrity Commission, New York City Housing Authority Police, Port Authority of New York and New Jersey Police, Police of the Metropolitan Transportation Authority and its subsidiary authorities, United States Park Police, Department of Buildings Special Patrolmen, State Regional Park Police, Taxi and Limousine Commission, Waterfront Commission of New York Harbor, Department of Parks and Recreation, Department of Correction, Roosevelt Island Security Organization, Sea Gate Association Police, Snug Harbor Rangers with peace officer status, Amtrak Police Officers, Office of Court Administration Court Officers, Department of Health Police Officers, Health and Hospitals Corporation Police Officers, New York State Office of Mental Health Safety Officers, New York State Office of Mental Retardation and Developmental Disabilities Police Officers, Triborough Bridge and Tunnel Authority Police Officers, State University Maritime College Public Safety Officers, Department of Environmental Protection Police Officers, and managers of the New York City Transit Authority.
[Larry’s comment: The only person unauthorized to issue an NYC parking ticket is my Mom].
- “Parking violations” are traffic “infractions” making up a violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle.
[Larry’s comment: An “infraction” is the lowest form of life in the legal-eco system, which may account for the reason some of our Constitutional rights are absent without leave when we contest an NYC parking ticket][/alert]
- Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such a case, the name of the person served shall also be inserted in the notice of violation (summons).
(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).
[Larry’s comment: Now that you read the rule, Fugetaboutit. Parking ticket judges would rather fall on their sword than follow this rule. To my knowledge, a parking ticket judge has never dismissed a parking ticket for a lack of personal service on the operator. Oh a summons, notice of summons is an NYC parking ticket].
- “If a plea of not guilty or guilty with an explanation is made in person, an immediate hearing may be had on request of the respondent, if convenient to the Bureau.”
[Larry’s comment: Please do NOT think a plea of “guilty with an explanation” will have any impact on the amount of your parking fine; because it won’t. Determine whether your parking violation is eligible for an automatic fine reduction, before pleading guilty. If so, apply for the fine reduction online, if you choose not to contest your NYC parking ticket].
We’d love to hear from you with any obscure NYC parking ticket info, insights, or experiences. Share…Please!