Last Updated on August 19, 2021 by Lawrence Berezin
Can a Warrior issued a parking ticket to people with a disabilities permit?
[Blog post updated on August 7, 2021]
Joe asked me a question about an NYC parking permit for people with disabilities. He asked whether such an NYC special parking permit allowed him to park within 15 feet of a fire hydrant?
The answer is no. That is to say, NYC’s special parking privileges will not protect you from a fire hydrant parking ticket.
Table of Contents
- Can a Warrior issued a parking ticket to people with a disabilities permit?
- NYC disability parking permit
- Do any restrictions apply?
- How do I apply for the NYC disability parking permit?
- Where can I park with a NYC permit for people with disabilities?
- Are there areas where such Special Parking Identification permits do not authorize parking?
- Keep reading
- Here’s some “helpful” information from the NYC DOT about using the City Permit
- The beat goes on
- Commentary: When you are right, FIGHT.
- FREE Download
A person with an NYC , NY State, or out-of-state parking permit needs to understand their rights while driving in New York City. Here is some valuable information to learn or risk a costly parking ticket.
First, using the NY State Permit
The state permit is a blue plastic hangtag displaying the universal International Symbol of Access for people with disabilities (temporary permits are red plastic hangtags). Hang it from the inside rearview mirror of your vehicle.
The permit is valid everywhere in New York State, where there are designated parking spaces for people with disabilities.
In New York City, these spaces are all off-street, such as in parking lots for malls, office buildings, or college campuses. It is also valid in all other states and Canadian provinces. The permit may be used only when the permit holder is traveling in the vehicle.
Please note: Copying the permit is not allowed and never lets you disobey state or local parking regulations.
The State permit may be valid for up to five (5) years and always expires on the last day of the month.
NYC disability parking permit
You are eligible to be issued a New York State disability parking permit for the disabled if you are a New York City resident and have a severe, permanent or temporary, qualifying mobility impairment as certified by a New York State-licensed physician or podiatrist.
You do not have to be a driver or registered owner of a vehicle to get a permit. Disabled children and legally blind persons are eligible for permits.
According to the New York Vehicle and Traffic Law, Section 404-a, to be eligible for the State Permit, you must have
- Limited or no use of one or both legs;
- A neuro-muscular dysfunction which severely limits mobility;
- Another physical or mental disability which makes the use of public transportation difficult; or
- Be legally blind.
Your physician must state whether the condition is permanent or temporary in nature and describe how severely and regularly the condition affects your ability to walk.
Do any restrictions apply?
Yes. They are as follows:
- You must require the use of a private vehicle for transportation
- A City resident and nonresident may now apply
Above all, I recommend that you click on the link in the next sentence and read the detailed statement of requirements on the DOT website.
How do I apply for the NYC disability parking permit?
- Here is a link to the application for a New York City handicap parking permit. Application for NYC handicap parking permit
- Carefully read the instructions on the application form in their entirety
- You will need:
- A physician to complete a portion of the application
- An appointment with a “City” physician designated by the Department of Health, who must certify your disability
- Among other requirements set forth in the application
- Submit your completed application, all supporting documents and medical records to:
- 28-11 Queens Plaza No, 8th Floor
Long Island City, NY 11101-4008
Where can I park with a NYC permit for people with disabilities?
4-08 (o)(1)(i) “authorizes an operator of a vehicle bearing a valid New York City Special Parking identification permit” to park at or in any:
- Metered parking space, Passenger or Commercial, without charge
- “No Parking” space regardless of hours including those for Street Cleaning regulations
- Space designated for use by Authorized Vehicles, including Diplomats (DPL), New York Press (NYP) or any governmental agency, except spaces designated for Ambulances and Ambulettes
- “No Standing except Trucks Loading/Unloading or Truck Loading” Zone (EXCEPTION: Garment District parking area on cross town streets 35th-41st Streets, between 6th and 8th Avenues). These signs should be read carefully; permit holders may park only during the days and times that trucks may park.
Are there areas where such Special Parking Identification permits do not authorize parking?
New York City Special Parking Identification Permits are not authorized for parking in:
- No Stopping Zone
- In a general No Standing Zone with restricted hours ( i.e. No Standing 4 PM – 7 PM)
- Spaces designated for Ambulances and Ambulettes
- Hotel Loading Zone
- Taxi stand
- For-Hire Vehicle stands
- Car share parking spaces
- Bus stop
- Fire zone
- 15 feet of a fire hydrants
- Driveway or crosswalk or on a sidewalk
- Or for Double parking
“Any vehicle displaying such a permit shall be used exclusively in connection with parking a vehicle in which the person to whom it has been issued is being transported or will be transported within a reasonable period.” See, 4-08 (o)(1)(iii)
Here’s some “helpful” information from the NYC DOT about using the City Permit
- The city permit is a rectangular placard. Display it in full view on the driver’s side dashboard.
- Unlike the state permit, your City permit entitles drivers to park only in New York City.
- The City permit allows the driver to park at most curbsides on city streets, including in all “No Parking” zones (except those marked as taxi stands); in “No Parking,” “No Standing” or “Authorized Vehicles Only” spaces authorized for doctors, press, diplomats and government agencies; at metered parking without paying.
The beat goes on
- Likewise, in “No Standing, Trucks Loading and Unloading” or “Truck Loading Only” zones except for specified restricted hours.
- The City permit cannot be used in any “No Stopping” zones, in any “No Standing” zones other than those listed above, in front of fire hydrants, at bus stops, or in crosswalks. Double parking is never permitted.
- The City permit is valid until the expiration date printed on the permit.
- Approximately six weeks before the scheduled expiration date, you will be asked if you wish to renew and verify that your record information is still correct.
- Your permit will be renewed upon request unless your condition requires a medical re-examination.”
Commentary: When you are right, FIGHT.
I am helping a client with disabilities, who resides in Massachusetts and frequently travels to NYC, fight the refusal by the NYC DOF to honor his Massachusetts handicap parking permit. For example, Warriors issued NYC parking tickets even though he properly displayed his permit.
Moreover, A US Congressman supports his battle.
When I wrote this blog post, NYC did not honor NY State handicap parking permits, nor did it honor handicap parking permits from non-residents. I can think of many constitutional law arguments against this draconian practice. Currently, NYC officials are considering what action to take in response to his fighting his NYC parking ticket. I’ll let you know the outcome.
[Larry’s comment: Currently, New York City allows the NY State permit to be used in NYC but limits the use to designated off-street parking spaces in parking lots for malls, office buildings, or college campuses].
[Larry’s comment: currently non-residents of NYC may apply for an NYC disability parking permit]
What do you think about the NYC practice of requiring persons with disabilities to obtain an NYC handicap parking permit, even though they have a NY State parking permit?