Last Updated on June 30, 2021 by Lawrence Berezin
Parking ticket rules defy common sense
But, here are some valuable tips that will save you money on a costly parking ticket. In addition, I’ve received a superabundance of questions from wonderful members of the driving community about:
- The power of a street cleaning sign
- The appearance of a safety zone
- The legality of parking in front of certain pedestrian ramps
Check out the Q and A that followed:
Table of Contents
- Parking ticket rules defy common sense
- 1. The power of a street cleaning sign
- 2. Another safety zone parking ticket
- 3. Scam parking tickets are still being issued for parking in front of a legal curb cut (aka, pedestrian ramp)
- Commentary
1. The power of a street cleaning sign
Many New York City drivers mistakenly interpret a street cleaning sign to grant the freedom to park on a block before and after street cleaning days/times, regardless of whether another parking sign regulated their parking space. For example, if curb space is regulated by a street cleaning sign that prohibits parking on Tuesdays between 8:30A and 11:00A that does not mean it is legal to park all other times unless there are no other parking signs that regulate the street cleaning curb space.
Here’s a question from Clare:
Hi, How does ASP suspension work when I want to park my PASSENGER vehicle in a COMMERICAL spot? For example, during the recent snow blizzard day on Saturday, “ASP rules were suspended but meters were in effect”. I read a sign that states “No parking 7 am – 7 pm except Comm Vehicles Metered 3 Hr Parking Except Sunday”.
When “ASP rules are suspended, and meters in effect” on a Saturday, can I
1) Park my Passenger vehicle in the commercial spot at 8 am?
1a) If yes to (1), must I feed the meters at the commercial rate? Note, the rules mention you can’t park when the rule says “NO {STANDING/STOPPING/PARKING]ANYTIME”; nothing is mentioned about parking in a commercial spot during ASP suspension.2) If “ASP rules are suspended, and meters NOT in effect”, can I park my passenger vehicle in the commercial spot, and not pay the meter?
thanks
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Larry’s reply:
Dear Clare,
Good morning.
Excellent question because you’ve articulated a challenge faced by a multitude of drivers in NYC. Here’s the scoop:
The ubiquitous street cleaning signs serve one purpose and one purpose only. They tell us when we have to move our car because of street cleaning. That’s it. Simply because a parking space is regulated by a street cleaning sign does not mean that parking is ok all other times.We are required to patrol the battlefield and see whether our tiny little parking space is regulated by any other parking signs, either on the same pole as the street cleaning sign or on another pole located at the other end of our chariot. For example, if a street cleaning sign prohibits parking on Tuesdays between 9-11A and you unearth another parking sign that limits parking to commercial vehicles M-F, 7A-4P, we must obey both signs! In other words, it may be ok to park On Tuesdays at 11:30A (per the street cleaning sign), but parking is still not permitted for passenger vehicles because the parking space if limited to commercial vehicles on M-F between 7A-4P.
Question #2 seems to refer to parking on Sundays or on a Major Legal Parking Holiday when you don’t have to obey parking rules that are NOT in effect all days/all times. You don’t have to pay the meter and yes, you can park your passenger vehicle in a space reserved for commercial vehicles on Sundays or Major Legal Parking Holidays.
The commons mistake we make is to cloth a street cleaning sign with the power to overrule other parking signs. Remember, in the valley of parking rules, the stricter rule is King.
Good luck.
Park safely,
LarryPS…Purchasing time from an MM for an “illegal” parking space is double the pain. The cost of renting the illegal space and the cost of a parking ticket. Yikes!
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Here’s a case study involving Richard
Richard was issued a parking ticket for parking in a school zone on Tuesday at 2 pm. He thought it was o.k. to park because a street cleaning sign only prohibited parking on Mondays. Here’s Richard in his own words:
I parked under a sign that says any day but Monday street cleaning. Received ticket for parking on a school day. I became more confused when I saw the school was a block away(Corner of 8th St between 6th and 7th Avenues, Brooklyn) That previous block has clear double signage of No Parking. Then this block where I parked (8th St between 6th and 5th Avenues) starts with a sign that says Parking Allowed entire block except street cleaning Mondays.
All info on ticket concerning vehicle (make, model, tags & VIN) seem correct.
However, I parked directly opposite 330 8th Street, Brooklyn, NY 11215 not directly across 334 8th Street as the ticket states.
I took lots of pictures if needed.
Richard
Here’s the street cleaning sign:
However, there was no standing school day sign located down the block with an arrow pointed at Richard’s chariot. The school day sign also regulated Richard’s parking space. [Tweet ” Remember, the stricter rule wins the battle of the signs in Parking Ticket Land.”] [I fought the ticket and raised a misdescribed required element as a defense…Lucky for Richard the parking ticket warrior misdescribed the days the rule was in effect]
[I fought the ticket and raised a misdescribed required element as a defense…Lucky for Richard the parking ticket warrior misdescribed the days the school rule was in effect]
2. Another safety zone parking ticket
There are many ways to pay for parking in a safety zone. But, here is the sad tale of Joe who got bushwacked. As you can see from the two images, the diagonal lines did not extend the entire length of this safety zone. The judge said it doesn’t matter, it is still a safety zone. Fair or Foul?
3. Scam parking tickets are still being issued for parking in front of a legal curb cut (aka, pedestrian ramp)
Sidney from Massachusetts got a scam parking ticket while visiting family in Queens. She parked in front of a legal curb cut located on the long street of a ‘T’ intersection. There were no marked crosswalks, parking signs, or traffic devices regulating traffic.
The pedestrian ramp rule was changed in December 2008. It’s about time this unjust practice stopped.
If you get an illegal fund-raising, scam parking ticket from parking in front of a legal curb cut, fight it, you’ll win!
Commentary
Legal, vacant curb space is priceless in NYC. Please don’t view an empty parking space through a filter that says, “there’s got to be a way this is a legal parking space.” It is a sure way to pay. Don’t park until you’ve identified all the signs or roadway markings or curb cuts that regulate the space. Be sure none of these things prohibit parking.
There may be more than one parking sign on the same gotcha pole, or down the block (but with an arrow pointing at your car) that regulate the empty parking space. Don’t give up after uncovering one sign…Keep looking until you are sure it’s safe to park.
A parking ticket is an offense. There doesn’t have to be intent to violate the rule or knowledge of the rule that gotcha. it is, you are, ca-ching.
Park safely.
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