Solutions 4 New York

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Parking Tickets

This page is a quick reference to relevant NYS law if you are defending a parking summons (ticket) in a New York State court, particularly in a small village.  Note that judges in some small towns may not be attorneys, and in many cases they may take offense at your citation of the law.

• If the jurisdiction (village or town) requires you to notify them if you claim a broken meter, make sure that you file a broken meter claim.  Make this claim even if you do not dispute the accuracy of the meter (more later).
• Enter a not guilty plea.
• File a Freedom of Information Law (FoIL) request.
• Ask to be notified if costs excede a small threshold ($5) and ask to inspect the original documents where they are held.
• Ask to be notified of the name and address of the Appeals Officer if the request is denied in whole or part.
• Ask for the serial number of the meter.
• Ask for the instruction manual for the meter.
• Ask for the repair records for the meter.
• If the meter is electronic, ask for the wiring diagram and computer program.
• If you receive a notice that the fine is overdue after you have entered a plea but before the case is adjudicated, claim that the court is violating the federal Racketeer Influenced and Corupt Organization (RICO) Act.
• Relevant law in NYS.  Sections refer to the NYS Vehicle and Traffic Law (VTL) or the U.S. Manual of Uniform Traffic Control Devices (MUTCD) or the NYS Supplement (Supplement).:
• VTL §155 – Defines Traffic Infraction as any violation of the V.&T.L. or any provision relating to traffic.
• VTL §1103 – Requires public officers and employees to obey V.&T.L.
• VTL §1110 – No provision for which signs are required shall be enforced absent proper signs.
• VTL §1114 – Prohibits unauthorized traffic control devices.
• VTL §1640 – 6 - Permits cities and villages to regulate parking, but specifically prohibits enforcement at broken meters.
• VTL §1680 – Requires NYS DOT to establish a Manual of Uniform Traffic Control Devices.
• VTL §1683 (a) Requires signs for the enforcement of certain regulations, including:
• 8 – parking rules.
• 10 – Safety zones.
• VTL §1600 – Provides that the provisions of the V.&T.L. shall be uniform throughout the state and specifically forbids local jurisdictions from adopting sections of the VTL as local ordinances or superceding such sections except as specifically authorized in the V.&.T.L.
• MUTCD 200.1 – Definitions and Purpose of the MUTCD:
• To promote safe, orderly, and convenient movement of traffic,
• Uniformity
• MUTCD §200.2 – Regulations are to be based on sound engineering judgement.
• MUTCD §200.5 – “Should” means that deviations are permitted if and [only] to the extent that there is a justifiable cause.
• MUTCD §221.4 – Requirements for posting parking signs:
• See §201.5 (f) for the posting height (>= 7’).
• See §201.5 (g) for posting direction (30-45 degrees to the direction of travel.
• Must be posted at the ends of the regulated area, and not less than 200 feet apart.
• Parking regulatory signs may not be posted only at the entrance to the Village.
• Supplement §2B.46 Parking, Standing, and Stopping Signs (R7 and R8 Series)
• 20A The NYP2-1 and NYP2-2 signs shall be used to post time-limited parking regulations where the regulation applies at all times. The NYP2-4 and R7-108 signs shall be used to post time limitations where the regulation is not in effect at all times.
• Supplement §2B.48 Placement of Parking, Stopping, and Standing Signs
•  00A Parking sign height shall be in accordance with Section 2A.18. The minimum height shall apply to the bottom of the lowest sign in an assembly of parking signs. [7’ above the mounting surface in urban areas, otherwise 5’.]
•  00B Except where otherwise specified, parking signs shall be placed facing approaching traffic at an angle of between 30 and 45 degrees with the line of traffic flow.
•  00C Parking signs shall be placed at each end of a regulation and, within the regulation, at intervals not to exceed 200 feet.
• Supplement Sign Drawing SD-R-18: