Is Jack’s pickup truck a commercial or a passenger vehicle?
Jack, a great friend of New York Parking Ticket, recently posted a very thoughtful comment on Larry’s Blog about a challenge he faced parking his pick up truck overnight in a residential neighborhood. (Can you feel Jack’s pain?). The problem was that Jack’s pickup truck:
- Weighed in excess of 5,500 pounds
- Was not capped
- Was unaltered
- Had commercial plates
Jack argued that his pick-up truck was not altered, and was not a commercial vehicle pursuant to the NYC Rules for Stopping, Standing, and Parking. The parking ticket warrior that issued a parking ticket for “overnight parking” replied that if a vehicle bears commercial plates, it is a commercial vehicle (and cannot park overnight on a residential street).
Please help Jack and take the following poll…
NYC parking rules versus DMV regulations
It is essential to separate the New York City Traffic Rules from the New York State Department of Motor Vehicle regulations for registering a pick up truck to figure out the answer to Jack’s parking ticket conundrum. I’ll summarize…In order for a pickup truck to qualify as a commercial vehicle under the NYC Traffic Rules, it must be altered. If it is not altered, it cannot legally be issued a parking ticket for parking a commercial vehicle overnight in a residential neighborhood because it is not a commercial vehicle.
On the other hand, if a pickup truck weighing in excess of 5,500 pounds with a uncapped bed is registered as a passenger vehicle, and parks on an NYC street, it can be issued a parking ticket for improper registration because the owner violated the DMV regulations that are incorporated in the NYC parking violation.
Furthermore, if an unaltered pickup truck weighing in excess of 5,500 pounds is properly registered as a commercial vehicle, it can still be issued a parking ticket for an unaltered commercial vehicle because a pickup truck bearing commercial plates must be altered.
I’ve written several blog articles about how to figure out whether a pickup truck should be registered as a commercial or passenger vehicle, and the ramifications of guessing wrong while parking in NYC. My analysis is a bit more complex than if it walks like a duck, quacks like a duck, and looks like a duck…Well, it must be a duck. However, it behooves the pickup driving community to learn the difference.
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