Last Updated on April 22, 2014 by Lawrence Berezin
The legality of double parking in NYC
With regard to the legality of double parking in NYC, here are the positions of:
- The NYC_DOT
- NYC_DOF
- Louis Camporeale, parking ticket expert & author
- Haskell Nussbaum, parking ticket expert, author, and former judge
| EXPERT | OPINION | SOURCE |
| NYC_DOT | NO | Website FAQ: “Double parking of passenger vehicles is illegal at all times, including Alternate Side Parking Regulation days, regardless of location, purpose or duration.” In response to my question on Twitter: NEVER |
| NYC_DOF | YES/NO | DOF_Adjudication Unit publishes a “Guide to Parking Ticket Hearings.” On page 10 & page 14, it states “I was dropping off or picking up passengers” is a defense to double parking. The BIG BUT is most judges find you guilty of double parking. Go figure! |
| Louis Camporeale | NO | See, “The New York City Parking Survival Guide,” page 55 |
| Haskell Nussbaum | YES | See, “Beat that Parking Ticket, A Complete Guide for New York City,” page 140 |
Options
- Do not double park in NYC
- Double park. If ticketed, apply for a reduced fine
- Double park. If ticketed, fight! You may wish to appear in person, and bring with you the “Guide to Parking Ticket Hearings.” Respectfully point out the judge’s own guide says you can double park, if you are stopped temporarily to pick up or discharge a passenger
- Don’t forget you must still present the proper proof, properly. You must prove you stopped temporarily to drop off or pick up a passenger
- You were not in Midtown during the days/hours double parking is prohibited by rule
- Double park. If ticketed, fight! Dispute your parking ticket by mail, and offer the same proofs as you would in an in-person hearing
NYC Councilman David Greenfield
Councilman Greenfield promises to introduce legislation to make it illegal for a parking ticket warrior to issue a parking summons for double parking, if you are stopped temporarily to drop off or pick up a passenger.
Commentary
I absolutely, positively believe the intention of the double parking law is to permit double parking to drop off or pick up a passenger.
34 RCNY 4-08 states, in pertinent part:
“(f) General No Standing zones (standing and parking prohibited in specified places). No person shall stand or park a vehicle in any of the following places…
(1) Double parking. On the roadway side of a vehicle stopped, standing, or parked at the curb…”
Double parking is a “No Standing” violation. You are not standing by definition when you are actively engaged in picking up or dropping off a passenger. Ergo, how can you be charged with double parking if you are not considered “Standing” while stopped temporarily to pick up or discharge a passenger?
In my humble opinion, any other interpretation of the rule is driven by raising revenue, rather than doing justice. I hope Councilman Greenfield takes action in introducing legislation to right this wrong. It can’t happen soon enough.
What is your opinion on this important and expensive parking ticket issue? Do you double park? What’s you strategy, if ticketed? Please join the conversation. We need everyone to take an active role in righting this wrong.
[Larry’s note: Both books are available at Amazon.com]
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