Can a person with a disability permit be issued a fire hydrant ticket?
I recently received a question from a person who was granted a permit for people with disabilities. He asked whether such a special parking permit allowed him to park within 15 feet of a fire hydrant? The answer is no. His special parking privileges will not protect him from a fire hydrant parking ticket.
This inquiry made me think it may be helpful to publish an article about how a person with disabilities can apply for a permit:
- Which parking privileges are granted by the permit,
- Which privileges are still prohibited,
- What class of people with disabilities are refused special parking privileges by NYC?
How do I apply?
- 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
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
I recommend that you click on the link in the next sentence, and read the detailed statement of requirements contained on the DOT website.
Where can I park with a 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:
- In any “No Parking” zone, including those marked “except authorized vehicles”
- At parking meters without using an authorized payment method
- In “No Standing Except Trucks Loading and Unloading” zones
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 a No Stopping Zone
- In a general No Standing Zone with restricted hours ( i.e. No Standing 4 PM – 7 PM)
- In spaces designated for Ambulances and Ambulettes
- In a Hotel Loading Zone
- In a taxi stand
- In For-Hire Vehicle stands
- In car share parking spaces
- In a bus stop
- In a fire zone
- Within 15 feet of a fire hydrants
- In a 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; 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 to verify that your information of record 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 reside in Massachusetts and frequently travels to NYC, fight the refusal by the NYC DOF to honor his Massachusetts handicap parking permit. He was issued an NYC parking ticket despite properly displaying his permit. He has the support of his U.S. Congressman in this battle.
NYC does not honor NY State handicap parking permits; nor does it honor handicap parking permits from non-residents. I can think of many constitutional law arguments against this draconian practice. At this moment, NYC officials are considering what action to take in response to his fighting his NYC parking ticket. I’ll let you know the outcome.
What do you think about the NYC practice of requiring persons with disabilities to obtain an NYC handicap parking permit; even though he/she has a NY State parking permit?