Improper Display of Inspection Sticker: A Parking Ticket you can Beat
Posted by Larry Berezin on Sat, Mar 13, 2010 @ 11:59 AM
Our friends and clients ask our advice about how to beat a NYC
parking ticket for a violation of 4-08 (j)(6): "Vehicles must display valid inspection sticker"
First, let's take a look at the language of the rule.
"No person shall stand or park a vehicle bearing New York plates unless it is properly inspected and properly displays a current inspection sticker or certificate, in accordance with Section 306(b) of the Vehicle and Traffic Law or unless it bears New York dealer or transporter plates pursuant to Section 415 of the Vehicle and Traffic Law"
What are some examples of improper display of an inspection sticker?
- Placing your inspection sticker on the dashboard of your vehicle when it falls off
- Failing to affix the ends of your inspection sticker when they begin to detach from your windshield because the glue doesn't stick
- Placing your sticker above or below your registration sticker
How do I replace an inspection sticker? (The following information is taken directly from the NY DMV website)
If the sticker did not remain attached to your windshield, you can attach the sticker to the windshield again with clear tape or a small amount of clear adhesive. Remember that an inspection station must be able to remove the sticker during your next inspection.
If your sticker is not usable or you do not have the original inspection sticker, you can have your vehicle re-inspected or you can follow the instructions below.
Send a request for replacement to the DMV, indicate the reason for the replacement, and include either a copy of your inspection receipt OR the following information:
- the serial number of the original inspection sticker, if available, and
- the year and make of the vehicle, and
- the vehicle plate number, and
- the odometer reading at the time of the last inspection, and
- the date of the last inspection, and
- your daytime phone number.
The fee for the replacement is $2. (See the note below about known defects in some 2010 stickers.)
Send the required items and a personal check or money order payable to "Commissioner of Motor Vehicles" to:
Bureau of Consumer and Facility Services
Division of Vehicle Safety Services
NYSDMV
P.O. Box 2700-ESP
Albany, NY 12220-0700
Note about 2010 Stickers with a Known Defect: The DMV knows of a defect in some inspection stickers that have a 2010 expiration date. These stickers are gray in color. The replacement fee will be waived if you have one of these stickers that does not correctly adhere to your windshield. In your request for a replacement sticker, indicate that this replacement is for a "defective sticker". Read the DMV press release about the inspection sticker and vehicle registration issues."
Commentary:
As so often is the case, some parking ticket warriors shoot first, and give you the honor of fighting an unwarranted NYC parking ticket later. Remember, when a warrior issues a parking ticket for "improper..." he/she must:
- insert the reason it is improper on the front of your parking ticket
- Your inspection sticker number
- Date of expiration
If not, you are entitled to a dismissal of your parking ticket upon application.
I recommend taking immediate action when your inspection sticker becomes loose. Follow the instructions issued by the NY DMV to reattach or replace your inspection sticker. If you are issued a parking ticket, you have a strong defense by following the published advice of the DMV. The worst you can do is place the sticker on your dashboard. Bad idea. Don't do it!
When you're right-FIGHT, and present the proper proof, properly!
Has this happened to you? What'd you do? Join the conversation. Your opinion matters!
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