Last Updated on September 29, 2023 by Lawrence Berezin
Valuable parking tips are worth their weight in Bitcoin gold.
Valuable parking tips can cure the costly post-pandemic chaos in NYC Parking Ticket Land. Likewise, These gold nuggets are more important than ever.
By the way, chaos comes in many shapes and sizes. For example:
- There is an increasing number of speed cameras
- More bus lanes.
- The DOT installed cameras on some Staten Island buses
- Legal post-pandemic sidewalk dining is here to stay
- Congestion pricing is a question of when not if.
- Warriors issue a bigger volume of parking tickets
- Rogue judges are issuing many more guilty decisions
So, what is a driver to do?
Indeed, you can be more vigilant in searching for parking signs that regulate vacant parking spaces. Likewise, look for parking signs in front and to the rear of your car with the arrow aimed at your parking space.
Similarly, learn the parking rules that regularly challenge your economic well-being. Likewise, take the time to check the signage on the streets where you usually park. I would either walk the block or check online.
Meanwhile, I hope these get-out-of-jail golden morsels help you fight the Evil Empire and its warriors, who are making up for lost revenue from parking tickets. Sadly, more rogue judges are making arbitrary decisions against drivers by failing to engage in the thoughtful, fair-minded weighing of all the credible evidence. Shame on you, rogue judges.
Let’s start with the basics.
Valuable parking tips for Bus stop parking
Here’s a helpful parking tip that will save you money. Meanwhile, try your best to avoid stopping, standing, or parking in a bus stop zone.
–4-08(b)(3) Bus stop.
No person shall stand or park a vehicle other than an authorized bus in its assigned bus stop when any such stop has been officially designated and appropriately posted, except that the operator of a vehicle may temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any bus about to enter or leave such stop.
Notwithstanding the aforementioned, an authorized bus shall not park in an assigned bus stop when such stop has been officially designated and appropriately posted.
A bus stop starts at the bus stop sign and extends in the direction of the arrow(s) until the next parking sign, or if none, the end of the block.
A bus stop is a no-standing zone. Therefore, technically, you can only drop off or pick up passengers, but not their baggage. Yikes!
Larry’s valuable parking tips
-I suggest you don’t stop, stand or park in a bus stop area, even temporarily, to receive or discharge passengers expeditiously. You will get a parking ticket, and it’s not worth the cost or aggravation. When a warrior or cop sees your chariot, how will they know if you only stopped briefly?
-How can you persuade a parking judge or appeals panel that you stopped temporarily and weren’t waiting for the bus to arrive? (You can’t).
-A common faux defense is, “I parked far enough away from the bus stop sign for a bus to enter or leave the zone.” Trust me, that reason will never, ever work.
Fire Hydrants
–4-08(e)(2) Fire Hydrant
Drivers cannot stand or park within fifteen feet of a fire hydrant unless otherwise indicated by signs, or parking meters, except that 1during the period from sunrise to sunset, 2if standing is not otherwise prohibited, 3the operator of a passenger car may stand the vehicle alongside a fire hydrant provided that 4the operator remains in the operator’s seat 5ready for immediate operation of the vehicle at all times and 6starts the motor of the car on hearing the approach of the fire apparatus, and provided further that 7the operator shall immediately remove the car from alongside the fire hydrant when 8instructed to do so by any member of the police, fire, or other municipal department 9acting in their official capacity.
Larry’s valuable parking tips
In other words, the meat on the rule’s bones are the numerous exceptions.
except that
- during the period from sunrise to sunset
- if standing is not otherwise prohibited,
- the operator of a passenger car may stand the vehicle alongside a fire hydrant
- provided that the operator remains in the operator’s seat
- ready for immediate operation of the vehicle at all times and
- starts the motor of the car on hearing the approach of the fire apparatus,
- and provided further that the operator shall immediately remove the car from alongside the fire hydrant
- when instructed to do so by any member of the police, fire, or another municipal department
- acting in their official capacity
But remember:
- Meanwhile, the exceptions apply only to passenger vehicles (not commercial ones). Therefore, drivers of for-hire vehicles shouldn’t grab some shut-eye or work on Wordle within 15 feet of a fire hydrant.
- Likewise, you can’t leave your keys with your underage child napping in the back seat and run into a store “just for a few minutes.”
- Don’t stand or park within 15 feet of a fire hydrant even if you think parking signs allow you to breach the 15-foot no parking zone unless you qualify for one of the exceptions to the rule.
- A driveway, fire hydrant, or parking sign does not end the 15-foot no parking zone between the fire hydrant and your car.
- Be sure you prove that the sun hadn’t set yet in NYC if you claim the sun hadn’t set yet when you parked within 15 feet of a fire hydrant ticket issued at 5 p.m. in February.
- 5:33 p.m.
- Friday, February 17, 2023 (EST)
- Sunset in New York, NY
No-Standing parking ticket
4-01 Definitions. “Standing” means the stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
4-08(c) Violation of posted no-standing rules prohibited. When official signs, markings or traffic control devices have been posted prohibiting, restricting or limiting the standing of vehicles, no person shall stand or park any vehicle in violation of the restrictions posted on such signs,
markings or traffic-control devices, except as otherwise provided herein:
More than you can shake your wallet at. For example, 4-08(c):
(1) Taxi stand.
(2) Taxi and/or for-hire vehicle relief stand.
(3) Bus stop.
(4) Authorized vehicles.
(5) Hotel loading zone.
(6) Commuter van stop.
(7) For-hire vehicle stand.
(8) Diplomatic and consular vehicles.
(9) Parking Permitted.
Larry’s valuable parking tips
-Remember, by definition, you and your car are not standing when you stop temporarily to drop off or pick up a passenger and leave the area immediately. In other words, you can’t wait for your Aunt Tilly to cross the street safely and enter her home.
-But, you must prove all the elements to apply this defense.
-Most importantly, you’ll need your defense certification, a hand-written certification from your witness, and independent evidence to prove why you stopped at a specific location.
For example, my client stopped briefly to drop off his wife and young child in front of their apartment. He and his wife picked up their young child at the daycare center and drove home. We successfully proved all the elements of the stop, drop, and go defense with:
- My client’s (the driver’s) certified defense statement
- His wife’s certified statement
- His driver’s license to prove that he and his family resided at the location (place of occurrence) entered on the parking ticket.
- A note from one of the daycare supervisors to prove the date and time he picked up his child.
- A photo of his van parked at his final destination after dropping off his wife and child in front of their apartment on a cold February night.
Required Elements
“A ticket is defective if certain required elements are missing, illegible, or misdescribed. Defective tickets may be dismissed. The following elements are required to be accurate and legible.
Plate number
Plate type (for example, PAS, OMT, COM, etc.)
Make or model (for example, TOYO, FORD, BMW, etc.)
Body type (for example, SUBN, MCY, 4DSD, etc.)
State of registration
A general statement of the violation charged (for example, “TR §4-08(e)(9)—bike lane,” etc.)The proper section of law must be cited (for example, §4-08(e)(9), etc.)
A “plain English” description of the violation must also be stated (for example, “bike lane,” fire hydrant, etc.)
The date and time (AM or PM) the ticket was issued.
The place where the ticket was issued (“front of” or “opposite,” etc.), excluding “status” and “equipment” violationsStatus violations: registration/inspection sticker, improper registration, covered VIN, and registration plate violations
Equipment violations: missing, broken, or improper equipment (for example, headlights, brake lights, signals, windshield, mirrors, tinted windows, etc.)The ticket must indicate what is broken, missing, or improper
First observation time—for time-limited zone violationsOvertime parking (parking meter)
Storage violations (3 hours, 24 hours, or seven days)
Overtime parking—time limit posted
The expiration date of registration or inspection, if the charge is for expiration
The issuer’s signature (doesn’t have to be legible, as long as it is signed)
The days/hours the posted sign is in effect (unless in effect 24 hours)
Meter number (for certain meter violations)A charge of “failure to display” (VC38) does not need a meter number.
A charge of “expired meter” (VC37) must include the meter number.
Pay particular attention to handwritten tickets and ensure the printed information is accurate.
So sayeth the Evil Empire
Here’s one I prepared
Larry’s helpful required element tips
-One of my favorite misdescribed required elements is the “place of occurrence.” Often, the warrior or cop enters the wrong rule or days/hours that regulate the location. Or the wrong side of the street in a “metes and bounds” description.
-Here are some examples of winning defenses
The two streets in the “metes and bounds” description did not intersect.
Defense Certification
Dear Honorable Judge,
I certify as follows:
I am not guilty of this parking violation because:
-The Place of Occurrence was misdescribed.
A place of occurrence must unambiguously describe an existing location. However, the location entered on the ticket, “ES of West End Avenue, 5 feet South of W 67th Street in NYC,” does not exist. The two streets do not intersect.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-I certify that my testimony is true to the best of my knowledge. And, fully understand that I am subject to punishment if my testimony is willfully false.
-I certify that the images in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
Respectfully submitted,
Exhibits
The parking rule that regulated the place of occurrence was misdescribed
Defense Certification
Dear Honorable Judge,
I, at this moment, certify as follows:
I am not guilty of this parking violation because:
-The Rule was misdescribed
A no-standing rule, R.4-08(c), did not regulate the place of occurrence entered on the parking ticket, 11 E 61 Street, NYC.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-I certify that my testimony is true to the best of my knowledge. And fully understand that if my testimony is willfully false, I am subject to punishment
-Further, I certify that the images in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
Respectfully submitted,
Exhibits
The “metes and bounds” description of the place of occurrence misdescribed the sides of the street.
Defense Certification
Dear Honorable Judge,
I, at this moment, certify as follows:
I am not guilty of this parking violation because:
-The Place of Occurrence was misdescribed
A place of occurrence must unambiguously describe an existing location. But, the location entered on the ticket, “N/S Evergreen Avenue_18′ East of Melrose Street in Brooklyn,” does not exist.
The correct sides of Evergreen Avenue are East and West.
-The Rule was misdescribed
A no-parking anytime rule, R.4-08(d), did not regulate the misdescribed place of occurrence entered on the parking ticket.
I have submitted a series of exhibits in support of my defense.
Due to these circumstances, please dismiss this parking ticket.
Thank you.
-I certify that my testimony is true to the best of my knowledge. And, fully understand that if my testimony is willfully false, I am subject to punishment.
-Further, I certify that the images in my exhibits are true and accurate reproductions of the originals as they existed on the date/time this parking ticket was issued.
Respectfully submitted,
Exhibit
Commentary
Meanwhile, this trend is alarming. I find that rogue judges are ignoring more winning defenses now than ever in my sixteen years of fighting parking tickets. Likewise, the rationale for these rogue decisions is shameful.
It is like saying, “I have a horse; can you swim?” The reason for a guilty decision has nothing to do with the defense.
This means that when you fight a parking ticket, be sure that your defense beats the violation and that you present the proper proof properly. Please don’t:
- Present photos that do not identify the location (place of occurrence)
- Submit a picture of your car without including the plate
- Offer photos without date/time stamp
- Rant about an unjust parking ticket system
- Leave a note explaining that you double parked to run into Starbucks for just a couple of minutes
- Leave a note with your phone number for the warrior to call you to move your car
- Engage the warrior or cop and exercise your First Amendment rights to free speech
- Be disrespectful
Be safe. Park wisely, my friends.
Related Links
FREE Download
Meanwhile, If you are a holiday shopper and would love the best deal on a priceless item, how does this sound? Larry’s “Required Elements Checklist,” and it is free! That’s right, a checklist and guide that holds the keys to beating unjust NYC parking tickets.
Most importantly, are you ready to click and download? If so, let it rip.
So wait, you CAN park a passenger car by a fire hydrant during the day? Is that correct?
Hi Trent,
Yessiree, Trent. That is correct.
But, you must comply with the other exceptions, such as a driver must remain seated behind the wheel with the keys, etc.
Be safe.
Regards,
Larry