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Parking Laws: Why you Must Know the Meaning of "No Standing"

 

If you understand the meaning of the 3 No's, No Stopping-No NYC parking tickets Standing-No Parking, a parking ticket warrior will have a very difficult time separating you from your hard earned dough.  Here's why.

In this post, we direct our attention to the second NO, No Standing. As defined in Section 4-01 of Chapter 4 of Title 34 of the Rules of the City of New York, Standing is "(1) The stopping of a vehicle,(2) whether occupied or not, (3) otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers."  Lets dissect this definition.

(1) The stopping of a vehicle. Stopping is any halting, even momentarily of your vehicle. You can expect to feel the sting of a warrior's scanner, if you feel a sneeze coming on, and pull to the curb in a No Standing zone. The price of safety is $115 for the cost of a parking ticket. How about, "I pulled to the curb in a No Standing zone to answer my cell phone." The price of safety, and to avoid a traffic ticket for talking on your cell phone, is a $115 NYC parking ticket. 

(2) Whether occupied or not. If you pull your vehicle to the curb in a No Standing zone to run into the store for "just two minutes," I promise you will find that dreaded orange envelope under the windshield wiper of your car. You violated the parking laws of NYC for No Standing.

(3) Otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. I am climbing to the top of Mount Everest, and screaming at the top of my lungs, this is your get out of parking ticket jail free card. Use it wisely.

YOU ARE NOT GUILTY OF STANDING YOUR VEHICLE in a No Standing zone, if you are actively engaged in discharging or receiving a passenger. Ergo, you did not violate the NO Standing law. Again, you can't violate the parking law against No Standing when you stop temporarily (2 minutes or less) to discharge or receive a passenger.

That's too easy, so what's the catch?

I'm glad you asked. The catch is presenting the proper proof properly to beat a parking ticket for standing in a No Standing zone. For example, let's say it is your intention to drop-off your wife at the doctor's office for her 2:00 p.m. appointment, and then run some errands. You pull to the curb in a NO Standing zone, your wife gets out of the car, and walks towards the doctor's office. You immediately activate your turn signal notifying everyone, except the parking ticket warrior standing nearby, you are in the process of re-entering the active roadway. Your motor is running and your foot is on the break ready to leap to the gas pedal to accelerate onto the active roadway. All of this happens in less than 2 minutes. ZAP...in a nano second, you are issued a parking ticket for standing in a No Standing zone. 

You can absolutely, positively beat this parking ticket by presenting the proper proof properly, which is:

  • Your Affidavit telling your story under oath
  • You wife's affidavit telling her story under oath
  • A letter from the doctor, on her stationary, confirming your wife's 2:00 p.m. appointment

You win because you are not STANDING while stopped temporarily to actively discharge a passenger. Your get out of parking ticket jail free card trumps the warrior's bad behavior in issuing you a parking ticket knowing full well you did not violate the No Standing parking law.

One very important word of caution. To activate your get out of parking ticket jail free card, you must STOP, DROP and GO. You cannot wait for your passenger's return. You cannot walk your 110 year old Aunt to the corner. You cannot wait to make sure your 2 year old daughter entered your home safely. Why? As the Cheshire Cat said to Alice in the wonderful Lewis Carroll book, "Alice's Adventures in Wonderland," when describing the inhabitants of Wonderland, "WE ARE ALL CRAZY HERE."

NYC parking ticketTell us about your experiences fighting parking tickets because you stopped temporarily to discharge or receive a passenger? Sharing your parking experiences helps all of us 

 

 

 

[Larry's note: The 3 No's is a phrase used by Louis Camporeale in his terrific book, "The New York City Parking Survival Guide."]

 


 

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

I continue to LOVE this site. You are a rockstar, keep up the amazing writing!
Posted @ Thursday, March 04, 2010 11:12 AM by Jennifer Laurita
Jennifer 
Your kind words mean so very much to me. Thank you so much for your support. Knowledge is power. I will do my best to keep the info flowing. 
 
Thanks, again.
Posted @ Thursday, March 04, 2010 4:07 PM by Larry Berezin
I parked my car at 1pm for my wifes dr appt. This area was a no standing zone from 4-7pm. The appt was not supposed to exceed 2 hrs but the dr. Found a severe problem with her sonogram, requiring immediate care. I short her appt became a medical emergency. We returned to where the car was parked after 5 pm. It was towed and i got a summons for the no standing zone. Any advise?
Posted @ Saturday, February 26, 2011 8:32 PM by Brian smith
Brian, 
How is your wife? I hope everything is o.k. According to the arcane parking ticket rules, a regularly scheduled doctor's appointment is not a medical emergency. Whether or not it became a medical emergency will depend upon the nature and severity of the bad event during the reading of your wife's sonogram. 
 
I would absolutely fight this ticket. You have a lot to gain because if you win, you are entitled to a return of your tow. A lot will depend upon your doctor's skill in writing a report and documenting the medical emergency.  
 
Good luck. 
Let us know how you do.
Posted @ Saturday, February 26, 2011 9:39 PM by Larry Berezin
My 2yr old son was having lab work done, the dr required that we collect urine from our son, but, being 2 he obviously can't go on demand. So the dr gives us this bag that you are to place on his penis that will collect the urine for you to place in a plastic cup. 
 
we did this on the short ride home over the weekend. On the ride home, he began to cry and cry as if in pain, it sounded unusual. so instead of reaching back to console him which is unsafe I pulled over into the only available spot, A NO STANDING Zone. An officer was a few cars behind writing tickets on other cars that were parked there.  
I went into the back and found the urine bag full and his penis submerged in urine! so I took care of the situation, took the bag off and cleaned my son. Once done I opened the back of my car and place the bottle in the cup and when I got back to the drivers seat and officer was writing me a ticket!. 
 
I told him what had happened, I asked him to please be reasonable as I couldn't leave my son that way, I asked to please evaluate the situation in a reasonable way, that this couldn't wait and it was the only place i could pull over safely on Atlantic Ave. Nope all he says is, sir it's a no standing. I said I know and if there were any other option for me to take care of my sons emergency I would have done it. no go, still wrote me the ticket. He's a poor police officer without any ability to evaluate a situation reasonably.  
 
Any advice? I am fighting it under medical emergency and am having the dr write a note stating that he required a urine sample and how it was to be collected. My wife left the car to run into the drugstore to get a wipe to clean him with who can also verify the event. 
Posted @ Monday, July 18, 2011 9:54 AM by Chris
Chris, 
 
It was great speaking with you about this ridiculous parking ticket. Shame on Johnny Law.  
 
Please let me know the outcome of your fight. 
 
Good luck.
Posted @ Monday, July 18, 2011 12:17 PM by Larry Berezin
"No standing"... this signage is so chaotic it's unconstitutional.  
 
First of all - "No Standing" refers to commercial vehicles on busy streets. Not private vehicles in the neighborhood parking in front of their apartment or house. 
 
The spirit of the law intended to keep roadways clear and ensure traffic flow. However, the meter maids have screwed it up and now the average dufus thinks no standing applies to private vehicles picking up or discharging passengers ( no standing = no parking ). 
 
Lets use some common sense. No parking means no parking. If any government wants to be clear what is expected then let them be specific and leave no doubt on any traffic sign's intent. 
 
If we have a one way street with private homes and that street is wide enough for parking then parking is allowed. To post a no standing sign on a street like this suggests the open lane cannot be obstructed by "standing " vehicles making deliveries or doing commercial passenger business. 
 
Makes sense right? Obviously not. 
 
Rochester New York is such a place of confusion. Hey Professionals - get your crap together and post unambiguous traffic signs.  
 
Anything less is an infringement on our personal liberty! 
 
Dan Goldthrite Sr. 
Rochester, NY
Posted @ Monday, August 15, 2011 8:20 PM by Dan
Dan, 
 
Good evening. 
Thanks for your passion and sharing your opinion
Posted @ Monday, August 15, 2011 8:38 PM by Larry Berezin
Hi Larry, 
 
We parked on the street in downtown Brooklyn this past Saturday directly behind a sign stating "1-hour parking, pay at muni-meter." The muni-meter was right next to our car, so we paid at the machine and placed the ticket on our dashboard. We returned to our car within the hour, only to find a ticket! It was for "No Standing" with additional comments stating "temp construction regulation/sign posted in meter 3011379." There were no signs posted informing us that this was a construction site and it was not obvious to us at all. 
 
After reading the ticket, we noticed that the coin meter near our car had a tiny red sign inside of the glass stating "no standing." (I assumed the tiny sign said "pay at the muni-meter" like all the other obsolete coin meters say.) If the old coin meters were still in use, then we would not have been able to insert quarters into the meter and would have noticed the "no standing" sign. But because these coin meters are obsolete we paid no attention to it and only read the posted street sign telling us to pay the muni-meter (and the muni-meter did NOT have a sign posted regarding temporary constuction.) 
 
Do you think we have a case? On the basis of the ambiguous (or absence of) signs?
Posted @ Sunday, December 04, 2011 12:02 AM by Gina
Gina, 
 
Good morning. 
You were bushwhacked. 
 
This kind of stuff infuriates me. 
 
When you're right-FIGHT. Your challenge is to secure the proper proof, and present it properly. 
 
First, the law...The rules permit a parking regulation to be placed inside the glass dome of a meter. But, the "gotcha" tiny sign posted inside the meter can't be confusing. It was also squeezed into an inactive parking meter. Was it an official looking sign? Did it have a DOT notation? Was the mechanical meter, before its death, the toll on the poll for your parking space?  
 
Your story is excellent. The mechanical meter was no longer in use. The signage regulating your space permitted parking and directed you to pay at the muni-meter.  
 
Have you taken photographs? 
 
I'll need some more info before I suggest whether or not you are able to present the proper proof, properly. 
 
Looking forward to continuing our conversation.
Posted @ Sunday, December 04, 2011 7:26 AM by Larry Berezin
Hi Larry, 
 
This is the third time it has happened to me, they r issuing these no standing tickets WITHOUT actually placing the ticket on the windshield. this means you have no idea you got a no standing ticket until they mailed you an outstanding letter in the mail with additional penalties.  
 
Is it a defense that they don't give you a ticket?
Posted @ Thursday, January 19, 2012 6:52 PM by David
David, 
 
Good morning. 
Thanks for taking your valuable time to visit and pose an excellent question. 
 
Technically, the rules require personal service of a parking ticket. This means it must be handed to the operator when the operator is sitting behind the wheel; or placed on a prominent spot on the car. 
 
With that said, parking ticket judges honor this rule in the breach. I've never had a parking ticket dismissed for lack of personal service. The challenge is...How do you prove it?  
 
Any ideas? 
 
Looking forward to your reply. 
 
 
Posted @ Friday, January 20, 2012 5:57 AM by Larry Berezin
Hello, 
 
Not sure if i can fight this. 
There is a traffic light in the middle of the block with a crosswalk. 
One side has a no standing sign with an arrow facing the crosswalk and after 15ft of the other side of the crosswalk the is meter parking rules signs with arrows pointing away from the crosswalk. I parked next to the meter sign with the pole at the center of my car and got towed and ticketed. By the way it was a Sunday so meters are suspended. 
Posted @ Monday, February 27, 2012 12:29 PM by roger
Roger, 
 
Good morning. 
Thanks for taking your valuable time to visit our website, and pose your parking ticket question. 
 
Please check out "Larry's Advice." I am most happy to help. 
 
Good luck. 
 
Posted @ Tuesday, February 28, 2012 5:32 AM by Larry Berezin
"I bet you can't get 'em all right. Take our New 3 Question Quiz today (4-15-12)"...... 
 
You lost. It makes sense to be let free of a ticket for a sign that has been posted within the last 5 days. Many of us drive to and park in the same area all of the time, and no one really expects to see signs from out of no where, so as money hungry as cities are, they give us a break on that. Right in front of my house in Howard Beach, we have a pedestrian ramp. I never saw anyone in 37 years get a ticket for blocking it. As for "blocking the box", we're all taught to go into the intersection when we're making a turn. ;-)
Posted @ Sunday, April 22, 2012 5:01 AM by Jeff
Hi Larry, 
I got my car towed in W'burg for a No Standing violation. Straightforward that I messed up with the signage, but when I picked up my car from the impound lot, there was no ticket on it. WHat's the usual procedure? Does this mean it was towed before being ticketed? (It was towed pretty quickly, I think.) If so, could I have gotten away with just a tow, no citation? I can't look it up on the system without a citation number. Or do they usually mail you your citation? I've not found anyone online who mentions *how* they received the actual ticket once picking up the car. Any ideas? Thanks!
Posted @ Friday, August 03, 2012 10:58 PM by Daria
Daria, 
 
We all make mistakes. Sorry for your pain. 
 
There are essentially two reasons for a car to be towed: 
 
1. Parking ticket and tow 
2. Judgment tow 
 
1.All of NYC is classified as a "tow away" zone. No notice required. Any time your car is issued a NYC parking ticket, a parking ticket warrior can call in the hook.  
 
Under this circumstance, you will find a parking ticket when you bail out your car. 
 
2. If you have $350 in parking ticket judgments, your car can be towed by the Sheriff or Marshall. No parking ticket required.  
 
By the way, you can find your parking ticket online on the NYC DOF Website by entering your plate number. 
 
Good luck. 
Best, 
Larry
Posted @ Saturday, August 04, 2012 8:24 AM by Lawrence Berezin
Hi Larry, 
My boss was just pulled over for speeding (71 in a 55)on a New York State highway. The officer was parked by the side of the highway and waved his arms as my boss drove by. Since he had no idea whether this was directed at him or not, he continued to drive (slowing down at that point, of course). The officer then activated his lights and drove up to pull him over.  
When the officer asked why he hadn't pulled over earlier, my boss responded that he didn't know whether or not he was, in fact, being pulled over. 
The officer then got into his car for 20 minutes, and came back with 3 tickets: one for speeding, one for failure to comply, and one for parking on the highway, where he had been pulled over. 
My questions are: How strong is a not-guilty case against the last two tickets? They seem completely in the wrong, and I can't imagine how complying in pulling over for a cop could get you a no standing ticket if he never mentioned it in the first place. 
Secondly, in issuing 3 tickets at once, is this officer in essence getting my boss's license revoked? NY state has a 3 strikes law, correct? 
Thank you for any wisdom you can contribute!
Posted @ Wednesday, August 29, 2012 12:15 PM by Jessica
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