Can Passenger Van Park in Residential Neighborhood?

Last Updated on January 17, 2018 by Lawrence Berezin

Where can I park my passenger van park in NYC?

The threshold question is whether you can register your van as a passenger van? The answer is yes you can. But, if you park your newly registered passenger van in a residential neighborhood, will a Warrior issue you a parking ticket?

Probably yes. But, can you beat the evil ticket?

Jim’s Success

Jim was totally pissed-off because he kept getting VC 78 parking tickets for parking his passenger van in front of his home. He called and asked me to help him beat this evil orange epistle. The following is the defense letter I prepared for Jim to fight his parking ticket by mail:

Re:  V.C. 78


       Parking a commercial vehicle on a residential street between 9P-5A

Dear Judge:

I plead not guilty to this parking violation.

I parked my van on a residential street because it was properly registered as a passenger van, and bears passenger plates.

I complied with Part 106 (d) of the DMV Regulations, as follows:

“Modifications that Change a Vehicle Registration from

Commercial Class to Passenger Class Vans [Part 106.3 (d)].

You can register a van in the passenger class if the van has:

• At least one side window behind the driver, and
• At least one seat or set of seat fittings that is installed behind the 
driver, or
• Camping equipment that is installed behind the driver. ‘Camping 
equipment’ indicates that you have a permanent bed, a permanent stove, or a permanent refrigerator in the vehicle. If this equipment is removed and you use the van, you must register the van as a commercial vehicle.”

I purchased this used van for my family’s personal use. It is not used in connection with any business. There are several windows behind the driver, and at least one seat and seat fittings (riveted to the floor permanently installed) behind the driver.

In addition, my van does not comply with the NYC Traffic Rules and Regulations about commercial vehicles, which states:

“For the purposes of parking, standing and stopping rules, a vehicle shall not be deemed a commercial vehicle or a truck unless:

• It bears commercial plates; and
• It is permanently altered by having all seats and seat fitting, except the front seats, removed to facilitate the transportation of property, except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered; and,
• It displays the registrants’ name and address permanently affixed in characters at least three inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels ” [34 RCNY 4-01: Words and Phrases Defined]”

Due to these circumstances, please dismiss this parking ticket.

Thank you. 


Respectfully yours,

Your Name

Attached please find evidence in the form of photographs and my vehicle registration in support of my defense…

I attached 5 photographs marked Exhibit 1-Exhibit 5 (with brief captions under each photograph)

The outcome of dispute…Parking ticket dismissed!

When DMV regulations collide with NYC Highway and Traffic Rules

The tipping point for beating this parking ticket was presenting the proper proof, properly that:

• The photographic evidence showed Jim’s van complied with the DMV regulations
• Jim’s van did not qualify as a commercial vehicle under the plain language of the NYC Highway and Traffic Rules
• Photographic evidence showed Jim’s van was not a commercial vehicle for the purposes of parking, standing and stopping a vehicle in NYC.

Commentary

Please don’t be intimidated by rogue parking ticket warriors who issue unjustified or scam parking tickets. These rogue warriors are in the minority, but still, pop up from under the rock they hide waiting to zap an unsuspecting member of the driving community.

Arm yourself with knowledge of the rules and laws, and never pay a parking ticket “no questions asked.”

Have you had any problems parking your pick-up truck in NYC? If so, you may want to read this blog post and save some money.