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The Truth About NYC Curb Cuts, Sidewalks, and Driveways

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Madonna's NYC curb cut, sidewalk and driveway

How to avoid a parking ticket for standing in front of NYC curb cuts, sidewalks, and driveways

I have received a remarkable number of questions about the parking rules related to NYC curb cuts, sidewalks, and driveways. For example:

  • Is the curb cut in front of driveway part of the driveway?
  • Did a homeowner have a permit to install a curb cut in front of their driveway?
  • Is the curb part of the sidewalk or roadway?
  • Is it illegal to park in front of all curb cuts
  • And more…

Here are some of Larry’s answers to frequently asked questions about NYC curb cuts, driveways, and sidewalks.

Is a curb cut part of a driveway?

Yes. 4-08 (1)(b)Definitions_Drivway states:

Quote_pix2Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.

 

 

4-08(f)(2) states:

Quote_pix2(2) Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.

After reading the definition of driveway and rule prohibiting standing in front of a driveway, it is totally reasonable to conclude that a curb cut is part of a driveway…And, please don’t park in front of it.

Did a homeowner have a permit to install a curb cut in front of their driveway?

A recurrent question raised by a member of the driving public after getting a parking ticket for standing in front of a driveway is, was the curb cut legal? Was the driveway legal? Welp, I’m glad you asked because there is a way to find the answer.

Here’s a link to a resource entitled, “How do I know if a curb cut is legal?”  Click on the link and you will be transported to the NYC Government website. Click on the building information systems link. When you land on the next web page,  complete the information called for by the building information search. Seek and ye shall find and maybe even beat a parking ticket.

Is the curb part of the sidewalk or roadway?

Quote_pix2The curb is considered to be a part of the roadway and owned by the City of New York. The City accepts reports of curb conditions. You can report a curb that is damaged, illegally painted by a property owner to discourage parking, or illegally cut for a driveway. You must give the exact street address of the property where the condition exists.

Property owners should ensure the curb is maintained, as it:
●  Facilitates the life of the sidewalk
●  Protects the sidewalks from vehicular traffic
●  Channels water properly to catch basins
●  Prevents erosion and ponding

Missing or damaged curbs should be replaced at the same time as the sidewalk is repaired, reconstructed, or installed.

The City will inspect the condition of the curb and sidewalk at the location. Property owners are responsible for the maintenance and repair of their sidewalk. If a sidewalk is found to be defective, the property owner will be notified.

The next time you get a parking ticket for stopping, standing or parking on a sidewalk because your rear wheels (or front wheels) were on the curb, why not argue that a curb is part of the roadway, not the sidewalk?

Commentary

I’ve practiced law for 40 years and this stuff still confuses me. Here’s another link to a  helpful resource covering sidewalks and driveways.

Park safely.

Larry

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Lawrence Berezin

Lawyer with 40-years experience who is committed to helping you beat your NYC parking tickets
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Comments

  1. Hello Larry I have question to ask currently the car garages are being use and people have been blocking it over night and it’s hard to ask them to move there vehicle(s). I want you to see online about what can I do. The address is 294 Hooper Street, Brooklyn, NY. It’s seems like I been getting blocked all the time. Thanks.

    Reply

    • Hi Lawrence , can the city of NYC stop me from building a driveway on my front lawn. When it’s my property And promised by the fourth and fifth amendment, I know they can stop me with a curb cut. But what about the parking of my car on my land. And what can I do to get a curb cut, because I don’t want to be the neighbors greenery And why he has a driveway. It’s not fair.

      Reply

      • Hi, Thomas,
        Good morning.
        I’m afraid they can. NYC has an element of control of your property through zoning laws. I would check them and see if you are permitted to build a driveway on your front lawn.
        Good luck.
        Regards,
        Larry

        Reply

  2. Hi Larry,
    Your website is extremely informative.
    Is a driveway required to have a curb cut in order to be defined as being “authorized pursuant to applicable law”? I have not been able to find any information on this topic.
    Thanks!
    T

    Reply

    • Hi Tyler,
      Good morning…Great question.
      In my humble opinion, the answer is “yes” because…

      In the NYC Traffic Rules, the definition of driveway is:
      “Every entrance or exit authorized pursuant to applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.”
      A curb cut provides the means for a vehicle to enter or exit the property.

      Here’s what the NYC Buildings Department has to say about curb cuts:
      “A curb cut is a dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock or drive-through.” https://www1.nyc.gov/site/buildings/homeowner/curb-cuts.page

      Regards,
      Larry

      Reply

  3. Define residential driveway limits. I live in an apt complex next to a private residential home. Their driveway has a curb cut however they painted a yellow line that extends past the cut. The owner would often tell drivers not to park within the yellow line and he would become irate if you did even though you do not go touch the start point of the curb cut.

    Reply

  4. Hi Larry, so I recently checked the DOB website about driveway permits and I found that the house next door had a violation in 2008 for a cemented additional driveway they have and they continue to use it as so even though it does not has a slope or dip like the original drive and the multiple cars that park in the space have to drive on a large section of grass which is now just a dirt patch. My questions are can this still be considered an illegal driveway and can I report again as so. Thank .

    Reply

    • Hi Faye,
      Good morning.
      Sorry to say that I don’t know the answer to your question.

      We do know that a driveway is an entrance to property and a curb cut is an essential part of the entrance/exit. But, I’m not sure that the slope or dip of a driveway has anything to do with entering or exiting property. Rather, it’s a requirement imposed by the City to make a driveway safe.
      Regards,
      Larry

      Reply

      • Sounds like the offending home did not add an illegal curb cut. The violation seems to be more of a zoning type complaint related to the home itself rather than anything related to the driveway.

        Reply

  5. Hey larry i parked my car in a spot i usually park all my living years in queens and today i woke up to a ticket on my car for obstructing driveway. I feel like the driveway is not in use anymore because i never seen the driveway being used and the traffic agency could not even confirm the address of the driveway he wrote down opposite (building number) basically the building across the street. I dont understand what i should do i feel like i should plead not guilty

    Reply

    • Hi, Ramiz,
      I just returned from a visit with my children and granddaughter in Seattle and wasn’t able to reply to your excellent comment. Please let me know if you’d still like me to comment.
      Regards,
      Larry

      Reply

  7. I live in middle village queens ny. my neighbor has a two family house 40×100. his house is 20 feet wide and his driveway is 20 feet wide also. he currently has a 10 foot curb cut. he is in the process of widening the curb cut from 10 feet to 18 feet. is he allowed to do this. thank-you

    Reply

    • Hi, Joe,
      Good afternoon.
      Your question is beyond my limited expertise.
      But, your neighbor has to get a permit to legally widen his curb cut.
      (You can check out whether the curb cut is legal online).
      Regards,
      Larry

      Reply

  8. Hey Larry, here’s a doozie for you. We own a 2 fam. home and have a small section of curb in between my driveway and the neighbors. That small section is actually in between the property lines as well. This is a residential or public street and the homes are privately owned. If either home owner parks there, it makes it difficult for the other to access their driveway (ex: unable to open car door or you’ll bang into a bumper). My neighbor never owned a car so, I’ve been parking there for well over r0 years. Never had an issue. Now my neighbor has rented out his driveway to a new neighbor who moved in 2 houses down. He has 2 taxi’s and feels being he is renting the driveway, he is also entitled to complete access to this small section of curb which divides both property lines. Not quite certain the two taxi’s are registered at my neighbors address being he lives 2 houses down. I’m also concerned that by parking there myself, I am violating his half of the property line. Can you help?

    Reply

    • Hi, Dan,
      Good morning.
      I’m afraid your conundrum is beyond my limited expertise.
      First: When you park next to the “small section of curb” is any part of your car in front of your neighbor’s driveway? If not, you are parked legally (of course, not violating any parking signs)
      Second issue: You are permitted to park in the public roadway in front of any portion of your neighbor’s property, as long as you don’t park in front of his driveway.

      Ergo,
      -Don’t park on the “small section of curb”
      -Don’t park in front of his driveway,
      -Don’t violate any parking signs regulating your parking space

      A homeowner doesn’t “own” the public roadway in front of their home. You can park on the public roadway, as long as you don’t park in front of a driveway or otherwise violate any parking restrictions that regulated your parking space.

      Good luck.
      Regards,
      Larry

      Reply

  9. Dear Larry,
    I live in a private, one-family house. There is a fire hydrant directly opposite my front door. People disregard the presence of the hydrant and often park right in front of it. Originally, there was yellow paint (now faded) in front of the hydrant. I don’t know if replacing the paint would be a deterrent to these illegal parkers, but I’d like to give it a try. My question is, whom do I contact in NYC government about repainting the curb in front of the hydrant?

    Reply

    • Hi, Vivian,
      Good morning.
      Yellow paint doesn’t mean anything when it comes to parking rules. And, yellow paint rarely scares away desperate parkers.

      I’m afraid I don’t know who you should contact for permission to paint the curb yellow. I would check out the DOT’s website and see who to talk to about curbs.
      Good luck.
      Regards,
      Larry

      Reply

  11. We have a driveway and people park too close and it’s a narrow street, it makes it very difficult, if not impossible to turn into driveway. We reported multiple times and cops keep claiming that no violation. I would love to invite them to drive into driveway if they think there is no violation.

    What is the rule on driveway and distance from driveway in Queens county? Is it exact width of the driveway (it is between two houses) or is there a minimum or maximum length on the sideway? Any distance rules like If the driveway is exactly 8ft, they can’t park within 2 feet on each side so opening must be 14ft?

    Our group of houses pay over $100,000 in taxes every year, and we can’t use our driveway, this makes no sense.

    Reply

    • I hear you loud and clear.
      I’m sorry to say that I know of no rule restricting the distance you must park from a driveway.

      What occurs to me is that the parking space is dangerous because of the safety issue of turning into the driveway. What about contacting your community board or council person about getting a safety zone painted on the roadway? That would remove a small area as a parking space.

      You may want to contact Gridlock Sam Schwartz for help with your challenge

      Good luck.
      Regards,
      Larry

      Reply

  12. Oh wow, we have the same initials! L.B.. I just realized when I posted my other message. 🙂

    Reply

  13. Hello! Can you be issued a ticket for parking on sidewalk on the easement into a loading dock or garage. Even if you are the owner of the commercial building?
    Any Parking code would be helpful as well. thank you.

    Reply

    • Hello Kevin,
      Good morning.
      I’m afraid my limited expertise does not include sidewalk access to a loading dock.
      From a parking ticket perspective, the rule simply states no stopping, standing, or parking on a sidewalk.
      Sorry, I can’t be more helpful.
      Regards,
      Larry

      Reply

  14. HI Larry,
    I live in Crown Heights Brooklyn. There is a vacant lot next to my driveway. Recently the owner of the lot has put up “no parking” and “illegal parking” signs on the fence in front of his lot and has parked a vehicle there. There is no curb cut in front of the lot. Is this legal? Should he have to take those signs down and who could convince him to do that?
    thanks,
    D

    Reply

    • Hi, Dave,
      A property owner cannot regulate the roadway in front of his property by placing a bunch of signs on the fence.
      As you correctly stated, no curb cut= no legal driveway, so a parker would not be blocking a legal driveway.

      I would report this to the local police precinct with the hope they’ll take down these illegal signs.

      Good luck, Dave.
      Regards,
      Larry

      Reply

  15. Hi Larry,

    Kindly, cite source of NYC parking-rules regulation for parking next to a driveway curb-cut. I know a vehicle is limited to parking up to, but never crossing over the driveway’s curb-cut.

    Also, cite the source and regulation for parking up to a street corner curb-cut. I understand there’s a parking limit before the curb-cut defines the beginning of the curved transition of a sidewalk corner.

    Thanks.

    Reply

  16. Hi Larry,
    I have a residential neighbor in Brooklyn that used to have a private parking garage, but has altered the front of their garage with semi-permanent steel barriers on their side of the sidewalk where you used to be able to drive into their garage, and they use that area now to store trash. It would likely take hours of effort to remove the barrier if they ever wanted to use that as a driveway/garage again. However, still have the old curb cut there, and place traffic cones in front of it to keep the spot reserved for them (in addition to painting the curb). I know from your page here that the paint is likely illegal, but what about the cones, and is it still considered an unblockable driveway after the modifications they made to their property?

    Reply

    • Hi, Paul,
      Good morning. Great questions.

      The paint question is easy…Nope. Paint is illegal and costly.

      The easy answer is that the Evil Empire does not permit reserving parking spaces on its roadways. Period. No cones, no beach chairs, etc.
      But, is it permissible for any driver to park in front of the curb cut? That one is a little fuzzy.
      Here’s the Rule:

      (2)Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.”

      [34 RCNY 4-08 (f)(2)]]

      I believe the barriers and conditions you described make it permissible for any driver to park in front of the curb cut.
      It has been magically transformed into a “blockable” driveway.

      Park safely.
      Larry

      Reply

  17. I own a private home with a driveway. As the owner am I the only person allowed to have a car blocking my driveway ticketed? I have a sign, no parking on the fence to the driveway. Also, am I allowed to let people block my driveway? My Mom’s aide was blocking my driveway & there was total miscommunication so the aide got a $95 ticket. I wrote a letter but the judge wouldn’t dismiss the ticket. Any advice? Thank you so much.

    Reply

    • Hi, Susan,
      Good morning.
      Driveway do’s and don’ts are so confusing!

      The starting point is to keep in mind that we don’t control a public roadway, even the public roadway in front of our driveways. So, we cannot dispense permission slips to park in the public roadway in front of our driveways. For example, if a nurse’s aid parks in front of your driveway, even with your permission, she’ll get a parking ticket. Your letter has no effect because you are not legally authorized to grant her permission to park on a public roadway

      The owner of a private residence can report a driveway blocker. Once the inconsiderate driveway blocker gets a ticket, you can call a tow guy or gal to move the car. The tow person must get an authorization to tow signed by the owner of a home.

      Good luck.
      Regards,
      Larry

      Reply

  18. Hi Larry,

    My neighbor has a driveway that is unusable to by a disabled vehicle with four flat tires, no license plates or registration. I’ve parked there before with no problem as I have seen other cars parked there. But I woke up to a ticket for obstructing the driveway. I feel like I can take pictures and fight this ticket. What do you think?

    Reply

    • Hi, ap!
      Good morning.
      Here’s the part of the driveway rule that you’re talking about

      “The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules.”

      I’m not sure the car is a “fixed obstruction.’ I would try to find the definition of other information about how the courts interpret fixed obstructions.
      In the meantime, I would argue that a fixed object is one that doesn’t have the potential to move (by its own power). For example, a car has the potential to move but a car with 4-flat tires doesn’t.

      Blacks law dictionary defines obstruct:

      What is OBSTRUCT?
      1. To block up; to interpose obstacles; to render impassable; to fill with barriers or impediments; as to obstruct a road or way. U. S. v. Williams, 23 Fed. Cas. 033; Chase v. Oshkosh, 81 Wis. 313, 51 N. W. 5G0, 15 L. R. A. 553, 29 Am. St. Rep. S98; Overhouser v. American Cereal Co., 118 Iowa, 417, 92 N. W. 74; Gor- ham v. Withey, 52 Mich. 50, 17 N. W. 272. 2. To impede or hinder; to interpose obstacles or impediments, to the hindrance or frustration of some act or service; as to obstruct an officer in the execution of his duty. Davis v. State, 70 Ga. 722. 3. As applied to navigable waters, to “obstruct” them is to interpose such impedi- ments in the way of free and open navigation that vessels are thereby prevented from going where ordinarily they have a right to go or where they may find it necessary to go in their maneuvers. See In re City of Richmond (D. C.) 43 Fed. 88; Terre Haute Drawbridge Co. v. Halliday, 4 Ind. 30; The Vancouver, 28 Fed. Cas. 960. As applied to the operation of railroads, an “obstruction” may be either that which obstructs or hinders the free and safe passage of a train, or that which may re- ceive an injury or damage, such as it would be unlawful to inflict, if run over or against by the train, as in the case of cattle or a man approaching on the track. Nashville & C. R. Co. v. Carroll, 6 Heisk. (Tenn.) 368; Louisville N. & G. R. Co. v. Reidmond, 11 Lea (Tenn.) 205; South & North Alabama R. Co. v. Williams, 65 Ala. 77.

      Fixed is non-moveable.

      Good luck.
      Regards,
      Larry

      Reply

  19. I live in an attached row of condos. Each unit has 4 apartments. I have a driveway that are side by side to the driveway of the next unit. The landlord rented out the driveway to one of their tenants. They are trying to squeeze another parking space by parking /blocking their driveway. The nose of the car is sticking to my side of the driveway. Are they not allowed to park the driveway since each unit has 4 apartment, i.e no blocking the driveway with more than 2 dwelling units. If it is side by side driveway does it make it a communal driveway. If they can block their side of the driveway, how much buffer do they need to leave me to pull out comfortably. I could still pull out but because the street is narrow, I need a good degree of room to safely swing out and not scratch your car. What is consider parking too close to my side of driveway?

    Reply

    • Hi, AJ,
      Good morning.
      As you correctly pointed out, a tenant cannot park in front of a driveway unless:
      -Their chariot is registered to the property address
      -No more than 2 units

      I would check out my survey to determine whether your property lines include his driveway. If it only includes your driveway then his survey probably only includes his driveway.

      Shared Driveway Law and Legal Definition. A shared driveway is generally a driveway jointly owned by the owners of the properties it gives access to

      Unless there is shared ownership

      Good luck.
      Regards,
      Larry

      Reply

  20. Hello Larry. My question is the contractor I hired for my driveway never got approved for the curb cut and I was not made aware until recently. If I fix the curb cut would I be able to still park in the driveway if I allowed others to park in front of the driveway.

    Reply

    • Hi, Damian,
      Good morning.

      You are not authorized to grant permission to stop, stand or park on a public roadway, even if it is in front of your driveway. Your permission is not a defense to a driveway ticket.

      Technically, you cannot stop people from parking in front of your driveway because it is not a legal driveway.

      Regards,
      Larry

      Reply

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