Last Updated on December 31, 2017 by Lawrence Berezin
What is parking rule?
We talked about parking ticket laws in yesterdays blog post. Today we’re going to learn about:
- How a parking rule is born
- Where parking rules live
- Dismissing a parking ticket if a warrior enters the wrong rule (4-08 et seq.) on a parking ticket
How is an NYC parking ticket “Rule” born?
I’m glad you asked…Didn’t you? Well, I’m offering. This knowledge will help you save your hard-earned buckeroos. Now, do I have your economic attention?
Let’s start with a simple explanation of rule making:
“In administrative law, rule making refers to the process that independent agencies use to create or promulgate, regulations. In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rule making.[Wikipedia, “rule making”]
So, the NYC Council and NY State Legislature enact laws applicable to the stopping, standing, and parking of vehicles, while the Commissioner of the Department of Transportation (Independent Agency) promulgates rules to make the stopping, standing, and parking laws; while the Commissioner of the Department of Finance (Independent Agency) promulgate rules to prescribe the:
- Internal procedures and organization of the Parking Violations Bureau,
- Manner and time of entering pleas,
- Conduct of hearings,
- Amount and manner of payment of penalties
Where a “Rule” lives
- Traffic “Rules” applicable to the stopping, standing, and parking of vehicles live in Chapter 4 of Title 34 of the Official Compilation of Rules of the City of New York, adopted by the Commissioner of Transportation. Here’s a link (Email address not required). Check out 4-01 for definitions, and 4-08 for the “Rules.”
- “Rules” promulgated by the Commissioner of Finance live on a different street. Simply click on this link to Chapter 39 Title 19 of the Official Compilation of Rules of the City of New York. (Email address not required).You’ll find the content very interesting!
How to win a dismissal if the “Rule” is wrong
You’ll see a red arrow on the right side of the below parking ticket required elements exhibit pointing to the box where a parking ticket warrior is required to enter the correct parking rule. This is where the reference to 4-08 is entered on a parking ticket. [Larry’s note: The violation code (“VC”) is not a required element].
If the parking “Rule” entered on your ticket does not match the parking “Rule” displayed on the parking sign regulating your parking space…You win, upon application!
Knowledge is power. Always check the “Rule” and make sure it matches the parking sign rule!
Have you ever gotten an NYC parking ticket dismissed because the “Rule” was wrong? Please tell us your story. We all love to listen and learn.