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How to Beat a NYC Parking Ticket for Blocking a Pedestrian Ramp

  
 

A holiday from a NYC parking ticket

One small step for man, one giant leap for the NYC driving public. There is relief from a NYC parking ticket for parking in front of a pedestrian ramp. A changeparking ticket, nyc parking ticket in the NYC Traffic Rules, which went into effect on December 26, 2008, makes it clear that: 

"Unless a pedestrian ramp is situated at a marked or unmarked crosswalk, as defined by the Traffic Rules, a summons should not be issued for blocking the ramp. Specifically, a pedestrian ramp located on the long street of a 'T' intersection may be blocked by parked vehicles, unless the crosswalk is marked, or there is a traffic sign or signal controlling all opposing traffic"
 

Reason for change 

There was a conflict in the Traffic Rule contained in Section 4-01(b) defining "crosswalk," and the Traffic Rule contained in Section 4-08(f)(7), which makes blocking a pedestrian ramp illegal.  This inconsistency came to light during a City Council hearing about the NYC police department issuing summons for parking vehicles in front of pedestrian ramps located in the middle of blocks.

The validity of the summons were questioned because of a 2005 change in the Traffic Rules, redefining "crosswalks."  The Rule change was intended to discourage the use of pedestrian ramps unless they were situated at a "safe" crosswalk, and not in the middle of a block where there were no traffic signs or signals controlling oncoming traffic.

Summary:

The driving public may park alongside a pedestrian ramp, located on the long street of a "T" intersection, when:

 

  • There is no marked crosswalk leading from the pedestrian ramp to the opposite side of the street
  • There is no traffic sign or signal controlling all opposing traffic 

 

For example, if you see a parking space alongside a pedestrian ramp on the long street of a "T" intersection, make sure that there is no marked crosswalk running from the pedestrian ramp to the opposite side of the street.
 
Or, if you see a parking space alongside a pedestrian ramp on the long street of a "T" intersection, make sure that there are no traffic signs or traffic signals controlling opposing traffic; such as a stop sign signaling vehicles to stop so that pedestrians may cross the street using the pedestrian ramp.
 
Remember, notwithstanding the recent amendment, a vehicle can never park alongside a pedestrian ramp located at a 4 corner intersection.
 

Commentary :

Bravo to the NY City Council for listening to its constituents, and voting for a sensible change in the NYC parking rules; and members of the driving public who fought for a change in the NY parking law they knew was right. This is another example of the right way for NYC government to work.

How about the NYC parking ticket warriors that still issue a summons to the parking public based upon the old law? And, the hearing officials that do not dismiss parking tickets they know are issued illegally?  Shame on both of you!

A special thanks goes out to a client of New York Parking Ticket LLC for bringing this issue to our attention, and helping us educate the driving public about the change in the NYC Traffic Rules . Share your knowledge and information, and we shall continue to publicize the news.

nyc parking law, nyc parking rule

Please comment. Your opinion matters to us 

 

 

 

 
 
 

If you found this article helpful, you may wish to share it with your friends. Simply click on the above social media buttons of your choice. Thanks, Larry

Comments

how does the city that ive loved since birth and refuse to move like the rest of the new york's who have fled because the city that never sleep has been run down by cut throats and theifs that have been placed in office by the ways of moneys and unknown contibutions into office. Why are there so many parking signs on one pole? and if you dont understand the signs then the private parking lots are also robbing us blind. But my main question is who really makes up the price for tickets? and is there anyway of getting in contact with our congress man or women........cause even the so called judges who reduce tickets are byes and dont work for the people but for how much money they can generate for the city.....
Posted @ Wednesday, August 12, 2009 8:18 PM by arthur
Arthur, 
 
Your comment is incredibly poignant. New Yorkers have demonstrated their strength under fire. No group of people is nicer when treated respectfully; and no group of people will fight harder when abused. 
 
You are so right about the manner in which NYC is raising $650M in revenue by issuing 10M parking ticket. C'mon, we understand the need to control the parking spaces. But, don't parachute in a group of parking ticket warriors to a neighborhood and issue tickets for parking behavior that was permitted for 2 years. 
 
When you are right, FIGHT. When you're wrong, apply for the fine reduction and pay the ticket. I don't need an abusive person with a parking ticket stun gun to teach me a lesson.  
 
Let's try civility on both sides. The driving public should be respectful. The parking ticket warriors, should be respectful. Right now, the system is broken and is only going to get worse. 
 
I love that you speak from the heart. I'm trying to do something about it. Thanks for your support! 
Posted @ Friday, August 14, 2009 7:27 PM by Larry Berezin
ent is incredibly poignant. New Yorkers have demonstrated their strength under fire. No group of people is nicer when treated respectfully; and no group of people will fight harder when abused.  
 
You are so right about the manner in which NYC is raising $650M in revenue by issuing 10M parking ticket. C'mon, we understand the need to control the parking spaces. But, don't parachute in a group of parking ticket warriors to a neighborhood and issue tickets for parking behavior that was permitted for 2 years.  
 
When you are right, FIGHT. When you're wrong, apply for the fine reduction and pay the ticket. I don't need an abusive person with a parking ticket stun gun to teach me a lesson.  
 
Let's try civility on both sides. The driving public should be respectful. The parking ticket warriors, should be respectful. Right now, the system is broken and is only going to get worse.
Posted @ Thursday, August 20, 2009 12:50 PM by hoit
I just got nailed by this today in Windsor Terrace: towed for parking in front of an invisible pedestrian ramp on the middle of a block on a T intersection. Thanks so much for providing me with the ammo to beat it.
Posted @ Wednesday, August 26, 2009 5:02 PM by Brad
Brad, 
 
It is our absolute pleasure to hear from you. Congratulations.
Posted @ Wednesday, August 26, 2009 5:13 PM by Larry Berezin
What traffic rule code reference demarcates the change in the NYC Traffic Rules, which went into effect on December 26, 2008?
Posted @ Monday, October 05, 2009 4:32 AM by JLaw
JLaw, 
 
I apologize for not answering your question sooner. I overlooked your comment. My bad! 
 
Here is a link to the DOT website that provides a general notice about the amendment to the pedestrian ramp rule. http://www.nyc.gov/html/dot/html/motorist/prkintro.shtml 
 
Since the rule is contained in Title 34, Chapter 4-08(f)(7) of the Official Compilation of the Rules of the City of New York, I trust an updated version would contain the rule as amended. 
 
Again, my apologies for the delay in responding to your excellent question.
Posted @ Saturday, October 24, 2009 8:35 AM by Larry Berezin
The Rules are updated as it states, as of 7/17/09. 4-08 (f) (7) has not been amended therein. 
 
 
 
So does that mean that, strictly speakig, even if the car is parked in front of the ramp that, according to trhe amendment is no longer considered a pedestrian ramp, I'm still, legally, guilty?
Posted @ Monday, October 26, 2009 10:45 AM by R Denis
R Denis, 
 
Excellent research, great question. No, you are absolutely, positively not guilty if you park in front of a pedestrian ramp located on the long street of a 'T' intersection.  
 
4-08(f)(7) or 4-01(b) will be updated. Here are two citations you can refer to: 
1.The DOT published in the City Record a notice of adoption of an amendment to the Traffic Rules regarding crosswalks and pedestrian ramps to take effect on December 26, 2008;and, 
 
2.Here is the entry posted on the NYCDOT website: 
 
Link: 
http://www.nyc.gov/html/dot/html/motorist/prkintro.shtml 
 
"Parking and Curb Cuts 
Effective December 2008, the New York City Traffic rules have been modified to allow parking at some "T" intersections, those without traffic signals or all-way stop signs or crosswalk markings. These locations have caused confusion in the past, as they were not clearly delineated as spaces for pedestrians or cars. The rule change has enabled the Department to put them in the category appropriate for each location, making it clearer for motorists, pedestrians and enforcement agents. 
 
Parking is now permitted at those "T" Intersections where the adjacent (major) street is not marked with a crosswalk and not controlled by all-way stop signs or traffic signals, even if there is a curb cut at that location. 
 
 
Parking is now allowed at curb-cuts adjacent to certain T intersections. 
 
When two streets intersect but do not cross it is referred to as a "T" intersection. The top of the "T" is considered to be the major street and the stem of the "T" is the minor street. A curb cut is the area of a sidewalk, which has been lowered, or cut down, to facilitate access to the street. 
 
Upon request to 311 or the through its Borough Offices, If you would like DOT to consider T-intersection locations for a placement of a crosswalk call 311 or contact the DOT Borough Office nearest you. Based on the location's distance from the nearest crosswalk and pedestrian volumes, DOT will determine whether a crosswalk can be installed.  
 
 
 
 
 
Posted @ Monday, October 26, 2009 12:00 PM by Larry Berezin
I received a parking ticket for the exact same reason, parking in front of a pedestrian ramp located at a "T" intersection on the major street part. There was no crosswalks or anything. I plan to contest and was wondering if in the letter I write, I should cite 4-08(f)(7) or 4-01(b) since I'm not sure they're updated. Or should I cite the DOT website? Thanks for any info 
 
Thanks for any info.
Posted @ Wednesday, January 06, 2010 1:53 AM by STeve
I just got towed for the same thing. I parked by a pedestrian ramp on the long side of a T intersection and there were no crosswalks or traffic signs. I plan to contest this but it makes me so angry to see that even a year later the traffic enforcement agents still do not know the law and caused me to waste 4 hours of my day getting my car back. 
 
Who can we contact to complain about the traffic agent for issuing this ticket. They should know the law!!!
Posted @ Monday, January 25, 2010 3:14 PM by Y. P,
I was issued the same ticket for blocking the ramp on the long side of the T-intersection with no crosswalk, stop sign, or traffic control signal. I brought the ticket with my photo evidence to the Department of Finance and got that ticket dismissed. I got the same bogus ticket again this morning for parking at that same spot. I absolutely do not want to waste my time by brining the ticket to the Department of Finance and get it dismissed again, not mentioning that it will still cost you $ to print out the photos as evidences.  
 
I want to know if it is possible to save my time and $ and fight this ticket online. It seems that if I want to fight it online I can only submit statements as my defense. What are my chances if I simply quote the amendment? The intersection is clearly indicated on the ticket.
Posted @ Sunday, January 31, 2010 2:33 PM by Y.Z
Hi, 
 
I received a summons for parking closed to a pedestrian ramp on a two way avenue (Riverside Drive and 136th Street). I am not sure if this will count as a T-intersection, but this is a rough layout of the street: 
 
Riverside Drive 
----------------RAMP--------------- 
<--Downtown 
Traffic 
==========| |============= 
Uptown ----> 
Traffic 
| 136th St.| 
| | 
| | 
 
Now, there is no crosswalk sign on any of the corners of 136th Street or on the place where the ramp is located. Neither are there those solid lines on the street that are clearly marked as a cross walk. What upsets me the most if that the summons states I was blocking the ramp, when in fact I wasn't! This is just another proof of how incompetent these traffic officials are. They are not up-to-date with changes in the system. 
 
Thanks for this great informative page. 
Posted @ Monday, March 01, 2010 9:09 AM by Francisco
Francisco 
I sincerely apologize for the delay. I am getting old and missing some excellent questions, like yours. 
 
It's hard for me to judge from your diagram whether it is a T intersection. If you check my blog posts, I've inserted the diagram from the DOT website. Please compare yours to the DOT's diagram and let me know what you think. 
 
Thanks.
Posted @ Monday, March 29, 2010 2:40 PM by Larry Berezin
Is it legal to park alongside a pedestrian ramp in the middle of a long street (with no crosswalk or traffic signals)that is not at a T-intersection?
Posted @ Friday, April 09, 2010 6:31 PM by Rob DiMeo
Rob 
 
Great question! Another one of our friends recently raised the exact same question. He is currently involved in the appeals process.  
He argued a pedestrian ramp in the middle of a block with no crosswalk or traffic controls is worthless for crossing the street; and is actually quite dangerous.  
 
The judge ruled against him; although conceding his argument was valid, but not consistent with the current state of the law.  
 
So, it appears judges will rule that it is illegal to park in front of a pedestrian ramp located in the middle of a long street with no marked crosswalk or traffic controls. I am hopeful that our friend prevails in his appeal to the NY Supreme Court (trial court).  
 
In my opinion, it is ludicrous to rule it illegal to block a pedestrian ramp in the middle of a long street. The evil intended to be rectified by amending the pedestrian ramp rule in December, 2008 is exactly the same evil one finds with a pedestrian ramp in the middle of a long street. Both ramps are dangerous. Why would any sane person encourage anyone, let alone a person with a disability, to cross the street in the middle of the block? Why isn't that J walking, which is also illegal.  
 
This issue is alive and well. I just sent a tweet to NYC_DOT and asked for an opinion. Hopefully, I'll have more to report on your excellent question.  
 
Rob, what do you think about this? What action do you recommend for change?
Posted @ Wednesday, April 21, 2010 7:05 AM by Larry Berezin
I knowingly parked in front of a curb cut at a t-intersection and was ticketed and towed... 2 years after this law changed! How can NYC get away with this? Can't something be done to penalize them for unlawfully towing my vehicle?
Posted @ Thursday, December 02, 2010 3:01 PM by Curb Parker
This may have been passed through some board. But I was still ticketed. I even tried to fight the unlawful ticket VIA mail, citing the law. But the judge refuted my claim and defense, and I had to pay the fine plus a penalty. NYC wins again, and laws obviously mean nothing.
Posted @ Thursday, December 02, 2010 3:13 PM by J.Lawrence
Curb Parker, 
Thanks for taking your valuable time to visit and comment. I think what happened to you, and many others, is outrageous! There is no penalty for the rogue warrior's thuggish behavior, at this point in time. 
 
Any ideas?
Posted @ Thursday, December 02, 2010 3:14 PM by Larry Berezin
J, 
I continue to be shocked and dismayed at rogue warriors and judges. Terrible behavior.  
 
Sorry for your pain.
Posted @ Thursday, December 02, 2010 3:19 PM by Larry Berezin
Larry: 
 
1st time offense: An education. 
2nd time offense: Arrest for theft!
Posted @ Thursday, December 02, 2010 3:19 PM by Curb Parker
Update: I went to fight my ticket today and before I had a chance to defend parking in a T-intersection the judge dismissed the ticket - neither the "Date Expiration Expires" nor "N/S" were marked!
Posted @ Wednesday, December 29, 2010 8:39 AM by Curb Parker
Curb Parker, 
Major Congrats are in order, CP. Way to go. Nicely done. Please be sure to apply for a refund of your tow charges. You can secure the form, online, or through our website. 
 
Good luck. 
Posted @ Wednesday, December 29, 2010 11:00 AM by Larry Berezin
Call me overconfident, but I had the form filled out before I went. Now it's already in the mail!
Posted @ Wednesday, December 29, 2010 11:11 AM by Curb Parker
FYI, they're still at it. I caught a rogue warrior in the act of preparing to tow a car (not mine) at a T-intersection. My photographing his actions got his attention, he asked me what my problem was, and I explained. He claimed the stop sign on the minor intersection was enough to legitimize it, but agreed to leave the car untowed and check with his superiors. He refused to remove the ticket, so I left an extra note for the driver explaining how to fight the ticket.
Posted @ Wednesday, March 02, 2011 11:23 AM by Curb Parker
Curb, 
You are my idol. What a wonderful thing to do to help a fellow member of the driving public and save him/her some major do-re-mi. 
 
Your comment made my year. Really. To empower people like you and me to take action to prevent this type of bad behavior, is, well, very empowering. 
 
Thank you! And thanks for sharing your story.
Posted @ Wednesday, March 02, 2011 11:32 AM by Larry Berezin
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