Last Updated on November 18, 2021 by Lawrence Berezin
Proposed NYC parking law
I love the proposed NYC parking law. It offers more protection against a parking ticket ambush. However, it will never replace my adoration for the original, groundbreaking parking law effective March 21, 2010. The original 2010 law recognized the injustice of issuing a parking ticket immediately following the installation of a new parking sign.
In other words:
- Park in a space where the rule was not in effect
- Have dinner at a restaurant
- Return to your car and find a new rule that was in effect
- Get a parking ticket for violating the new rule
Most importantly, as a result of the original 2010 parking law, the Evil Empire was required to:
- Make available on a website information about parking restrictions implemented by the department
- The website was required to be searchable by each city block
- The website app was supposed to be updated as soon as practicable after a new parking sign was installed
- The driving public was given a 5 day grace period after the date of installation to apply for the dismissal of a parking ticket issued within the 5-day grace period.
The text of the original NYC parking law
New York City Administrative Code
§ 19-175.2 Notification of changes in parking restrictions.
a. Following any permanent change in parking restrictions posted by the department, the department shall post a notice in the affected areas, indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
b. Before the department makes temporary parking restriction changes to conduct road repairs, it shall post notice of the effective date of such restrictions as soon as practicable. Such notice shall state that no notice of violations shall be issued for violations of such temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
Keep reading
c. Following the issuance by the office of the mayor of a permit that authorizes filming and/or related activity and that provides special parking privileges or the temporary suspension of parking restrictions, the party to whom the permit is issued shall post notice of such parking restriction changes immediately in the affected areas. Such notice shall, at a minimum, state the temporary change in the parking restrictions, the date on which such change will take effect, that no notice of violations shall be issued for violations of the temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
d. Following the issuance by the office of the mayor of a permit that authorizes a sponsor to conduct a street fair or parade and that provides special parking privileges or the temporary suspension of parking restrictions, the sponsor shall post notice of such parking restriction changes on a form provided by the office of the mayor, in the affected areas, at least seven days prior to the date on which such change will take effect. Such notice shall, at a minimum, state the temporary change in the parking restrictions and the date the change will take effect. e. Nothing in this section shall be construed to require the department or any applicable city agency to provide notice of temporary parking restriction changes when required to preserve public safety.
The proposed amendment to the original parking law
A Local Law to amend the administrative code of the city of New York, in relation to requiring that the department of transportation shall give certain notice of permanent street sign changes that will affect parking.
Be it enacted by the Council as follows:
Section 1. Subdivision “a” of section 19-175.2 of the administrative code of the city of New York is amended to read as follows:
§19-175.2 Notification of changes in parking restrictions.
a. Following any permanent change in parking restrictions posted by the department, the department shall post a notice, in the affected areas, indicating the effective date of such change. Such notice shall be posted at least seventy-two hours before the effective date of such street sign change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
§ 2. This local law shall take effect thirty days after its enactment into law.
The current parking law
§ 19-175.2 Notification of changes in parking restrictions.
a. Following any permanent change in parking restrictions posted by the department, the department shall post notice, in the affected areas, indicating the effective date of such change. An owner of a motor vehicle parked in the affected areas who receives a notice of a parking violation that occurred within five days of posting of the notice of the parking restriction change shall have an affirmative defense that the vehicle of the owner was parked in compliance with the applicable parking restriction that was in effect prior to such change. Within one business day of making a permanent change in parking restrictions, such change will be reflected on the website containing parking restrictions as required by section 19-175.1 of the code.
b. Before the department makes temporary parking restriction changes to conduct road repairs, it shall post notice of the effective date of such restrictions as soon as practicable. Such notice shall state that no notice of violations shall be issued for violations of such temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
Keep reading
c. Following the issuance by the office of the mayor of a permit that authorizes filming and/or related activity and that provides special parking privileges or the temporary suspension of parking restrictions, the party to whom the permit is issued shall post notice of such parking restriction changes immediately in the affected areas. Such notice shall, at a minimum, state the temporary change in the parking restrictions, the date on which such change will take effect, that no notice of violations shall be issued for violations of the temporary parking restrictions and that if an owner’s motor vehicle is missing from the affected streets, the motor vehicle may have been towed and the motor vehicle owner should contact the local police precinct for information about the location of such motor vehicle.
d. Following the issuance by the office of the mayor of a permit that authorizes a sponsor to conduct a street fair or parade and that provides special parking privileges or the temporary suspension of parking restrictions, the sponsor shall post notice of such parking restriction changes on a form provided by the office of the mayor, in the affected areas, at least seven days prior to the date on which such change will take effect. Such notice shall, at a minimum, state the temporary change in the parking restrictions and the date the change will take effect.
e. Nothing in this section shall be construed to require the department or any applicable city agency to provide notice of temporary parking restriction changes when required to preserve public safety.
Commentary
The old law allowed the driving public to beat a parking ticket based on a new parking sign. In other words, you park your car in a favorite parking space where you parked for years without a ticket. And, in the flash of a hand-held computer, you are issued a parking ticket based on a new, recently installed, parking sign.
Most importantly, the driving public has a right to know when a new sign was installed. And, if they were ambushed by the new sign, to beat the unjust ticket.
You’ll find the current version of the law in the above paragraph, “The current parking law.”
Meanwhile, once you meet the current sign, here’s a great way to learn the meaning of the cryptic rules displayed on the parking signs.
We should all put this parking law in our arsenal of knowledge of how to fight unjust NYC parking tickets.
How can I prove that the installation date of the new sign was within 5 days is the violation? Thanks
Hi Israel,
Good morning.
Sorry for the delay.
I’m afraid the only way I know is by making a FOIL request for the date of installation. However, when I’ve tried, the reply never came in time to dispute the ticket.
A great rule with no way I can think of to raise it as a defense.
Sorry, Israel.
Regards,
Larry
PS…Does anyone have any suggestions for me and Israel?
NYC OpenData has a “Street Sign Work Orders” dataset that contains current and historical signs (https://data.cityofnewyork.us/Transportation/Street-Sign-Work-Orders/qt6m-xctn).
The dataset includes a column labeled “order_completed_on_date”. I assume this field can be used as a reference for the “effective date” that a permanent change in parking restriction went into effect.
A few caveats:
– 1) the dataset is updated once a month (looks like the 1st or 2nd of the month)
– 2) NYC gives you 30 days from the violation date to submit a dispute – this gives you very little time to get the necessary data to submit in a dispute b/c the dataset only refreshes once a month.
I’m currently writing up a dispute letter to challenge a recent violation for a newly installed parking sign. I will update this comment thread with a copy of that letter for others to use, and eventually with the decision from the judge on my dispute.
OK, the Street Signs Work Orders dataset was finally updated on 5/2/23. Now, this dataset will include the evidence I need to dispute my 4/2/23 parking violation.
Here’s a copy of the dispute that I submitted for anyone to re-use if they like (https://docs.google.com/document/d/1rWNl-1VMZqxiA97Tc0vaZJ2l-W3s30r2FOPN6cwOg78/edit?usp=sharing)
:fingers_crossed:
I will update this thread with the outcome of my dispute (when I receive it)