Answers to Your Parking Questions
Some parking tickets are legitimately issued, but many happen simply because drivers are ill-informed about or misunderstand parking laws. Here, we’ve posted the answers to some of the most common parking-related questions about New York City, for your convenience. If you need more in-depth information, visit the City’s parking regulations web page.
If I get a summons, do I have to respond? Why can’t I just tear it up or throw it away?
Parking tickets must be addressed one way or another, or you’ll face all manner of legal repercussions, from warrants for your arrest to your car being booted or towed, to losing your license. You may decide to simply pay the ticket, or to appear in traffic court to contest the ticket in 30 days from the date the summons was issued. If you fail to do either, then in 120 days, a default judgment is filed and your car may be towed.
You can defend your summons by mail via the Hearing By Mail Unit. If pleading innocent, send your defense to: NYC Department of Finance, P.O. 2070, Peck Slip Station, NY, NY 10272-2070. To plead guilty (which includes payment), send to: NYC Department of Finance, P.O. 2127, Peck Slip Station, NY, NY 10272-2127. In either case, when sending your correspondence, always keep a copy of the ticket and any evidence you may be submitting as well. Send everything in a secure package and request a certified return receipt from the post office, so you have proof of delivery.
Is it illegal to park at a bus stop?
No. Technically, it is not illegal to park at a bus stop for brief periods of time, pursuant to Section 4-08 c, 3 of the NYC Traffic Rules (No Standing-Bus Stop). “The operator of a vehicle may temporarily stand for the purpose of expeditiously receiving and discharging passengers, provided that such standing does not interfere with any bus.” However, parking and leaving your vehicle for longer periods of time inside a bus stop zone is forbidden.
How do I get a clergy permit?
Members of the clergy can apply for a special parking permit directly from the Department of Transportation. You must be able to provide information substantiating the fact that the ministry is your primary profession, along with proof of your “house of worship” location. You can call the DOT at 718-433-3100, then press #1.
What is the legal definition of a Commercial Vehicle?
In NYC, a non-truck vehicle with commercial plates is considered a commercial vehicle if the rear seat fittings are removed and the name of the business appears in 3″ high letters on the doors. A vehicle is deemed a commercial vehicle or truck pursuant to Section 4-01 b, 3, of the NYC TRR if it: 1. bears commercial plates; 2. has all seats and seat fittings, except the front seats, removed to facilitate the transportation of property, and 3. displays the registrant’s name and address permanently affixed in characters at least three (3) inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels. A pickup truck, in contrast to a commercial truck, to qualify for passenger plates must have permanently installed seats or a living area in the cargo area and a permanently installed cap. If a pickup truck does not comply with these structural modifications, then it must be considered, by NYS standards, a commercial vehicle.
How do I legally park a commercial vehicle?
On private property, you may park any vehicle overnight or any time. However, you may not park a commercial vehicle between the hours of 9 p.m. and 5 a.m. on a residential street, unless you are actively engaged in a business activity, pursuant to section 4-09, k of the NYC Traffic Rules.
What’s the legal definition of a crosswalk?
It’s important to know that there don’t need to be any pavement markings to indicate a crosswalk, pursuant to Section 4-01 b, 5. A crosswalk is defined as “The part of the roadway, whether marked or unmarked, which is included within the extensions of the sidewalk lines between opposite sides of the roadway at an intersection.”
Functionally, this means if you’re parked past the property line, you are technically within the crosswalk, lines or no lines. However, for a crosswalk to exist, there needs to be a corner to walk across. If not, the crosswalk is really not a crosswalk. The New York State Vehicle and Traffic Law states pursuant to Section 1202, 2, e, “…No person shall…stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers…alongside or obstructing a curb area which has been cut down, lowered or constructed so as to provide accessibility to the sidewalk.”
If my vehicle was ticketed while disabled, am I liable to pay the ticket?
A disabled vehicle is an acceptable defense for a parking ticket. However, you must show two key pieces of evidence to prove your case: the tow receipt and the repair receipt.
Is there any scenario in which I’m allowed to double park legally?
Sorry, no. There is no acceptable legal defense for a double park — even if it’s for a minute — for any reason, not even during Street Cleaning Regulations.
What’s the difference between a parking summons and an equipment violation?
An equipment violation is a vehicle status violation summons and not a parking ticket. For instance, with Window Obstructions: It is unlawful to obstruct the view of any window in your vehicle, because doing so will create an unsafe driving condition. See Section 375 (1) of the VTL. The use or placing of posters or stickers on windshields or rear windows of motor vehicles other than those authorized by the commissioner of motor vehicles, is prohibited.
How far do I really have to be from fire hydrants when I park?
The minimum distance is fifteen (15) feet on both sides of the hydrant, pursuant to Section 4-08, e, 2 (regardless of the painted yellow lines).
Are vehicles with New York State handicapped permits required to obey the same traffic and parking regulations as all other vehicles with regular passenger plates?
- A valid NYC Parking Permit for People with Disabilities (PPPD) allows motorists to park at a parking meter without depositing a coin. The New York State handicapped permit does not allow motorists to park at a City parking meter without depositing a coin.
- The New York State handicap license plate and state permit (the blue plastic hanger, NYS Parking Permit for People with Disabilities, PPPD) entitles a motorist with the same privileges to park in New York City as in the rest of the state. They both (the plate and hanger) allow the driver to park in marked handicap spaces as long as the permit holder is traveling in the car.
- In New York City, handicapped designated spaces are located in off-street parking facilities, such as garages and lots. An important advantage of having the permit rather than the plate is that the permit can be moved to different plates when the permit holder uses another vehicle, whereas the plate cannot.
- In New York City, the PPPD is issued and administrated locally by the New York City Department of Transportation, whereas the license plate is issued by New York State Department of Motor Vehicles. Neither the license plate nor the permit is recognized on New York City streets. The only permit that allows parking on City streets is the Special Parking Identification (SPI) Permit issued by the Department of Transportation. The SPIP allows for on-street parking at most City curbsides, including:
- “No Parking” zones (except for taxi stands)
- “No Parking” or “No Standing” spaces authorized for the use of doctors, diplomats, the press and government agencies
- Parking meters without depositing a coin.
- SPIP holders may not park
- in “No Stopping” or “No Standing” zones other than those mentioned above
- in front of fire hydrants or in bus stops, except for the expeditious discharging and receiving of passengers.
- To apply for the state and/or city permits, call the Department of Transportation at 718-433-3100, press #11.
What, exactly, are “Moving Violations?”
Moving violations are based on police officer testimony. Police officers are witnesses for the government’s case. In parking violations, the summons itself is the basis for the government’s case. The best way to avoid speeding tickets (a form of moving violation) is not to speed in the first place. Personal Service, pursuant to Section 238.2A of the NYS VTL, states that a Traffic Agent must provide personal service if you are present and with your vehicle. Personal service is when they ask you for identification and hand the summons to you directly.
What’s the deal with plastic license plate covers?
Plate Covers Code 74 is a violation of the statute against “missing or improperly displayed plate.” Pursuant to Section 402 of the NYS Vehicle and Traffic Law “…Plates shall be kept clean and in a condition so as to be easily readable and shall not be covered by glass or any plastic material, and the view thereof shall not be obstructed by any part of the vehicle or by anything carried thereon.”
What are vehicle status violations?
A status violation summons is not a parking summons. Missing or invalid display of a Registration sticker, or an expired Vehicle Inspection sticker are common status violations. There is no defense for a status violation. Summonses for plastic license plate covers are also status violations.
Is it legal for traffic cops to write two tickets for the same violation within the same hour?
In general, Administrative Law Judges employ the “one-hour rule” and will dismiss the second ticket when two tickets are issued for the same violation inside of 60 minutes. However, it is perfectly legal for Traffic Enforcement Agents to write as many tickets as they wish, as long as you are illegally parked.
Have a question you don’t see answered here? Contact the Parking Pal about it.
