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:
Every 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:
(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?
The 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.
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
Lawrence Berezin
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What's your first reaction to seeing a car blocking your driveway? Me, too! Here's the new, updated guide to removing the interlopers. In it, you'll learn:
- The definition of a driveway
- The NYC Highway and Traffic Rule, 4-08(f)(2)
- The NY State Law detailing the exact process to remove a driveway blocker
- 5 driveway mistakes that spell disaster
- A list of the 10 most blocked driveways in NYC
- And more...
Simply click on the button and lower your blood pressure.
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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.
Hi Brian,
Good morning.
I am sorry. I’m not sure what you’d like me to help with?
Regards,
Larry
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
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
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.
Hi Sunji,
Good afternoon.
It is illegal to paint any curb cut in NYC.
The entrance to a driveway is the length of the curb cut.
Good luck.
Regards,
Larry
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 .
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
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.
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
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
I own a commercial parking lot. Can I paint my curb cut yellow. It is zoned g4. Garage gas misc.
Hi, Peter,
Good morning.
I don’t know, sorry.
Regards,
Larry