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Dear Gridlock Sam:
If there is a sign that says, "Stop Here On Red" about 25 feet before
the red light, are the cars supposed to stop there? If they pass the
sign, isn't this a moving violation and subject to a ticket if caught?
Jeff, Queens
Dear Jeff:
Yes and yes. Drivers are supposed to stop at the sign; it's usually
placed there so that buses and other large vehicles can negotiate a
turn without having to stop. Drivers who fail to stop at the sign risk
getting a moving violation for either red light running or disobeying a
sign.
Gridlock Sam
Dear Gridlock Sam:
I hope you can
help me with some information.
For days I
have tried to no avail. I've been through 311, DMV, DOT, PVO, NYPD, TLC
and more. Each agency passed me on to the next, worse yet some said
there are no such rules. Let me explain. I live on a residential street
in Sheepshead Bay. People park their vehicles in front of my home for
several weeks at a time. Is this permissible? I always thought there
were regulations about parking. I read your column daily and you give
good advice and information! You are my last resort to get an answer.
Tom, Brooklyn
Dear Tom:
Should have come to Gridlock Sam first and saved some
time.
The
pertinent law is NYC Traffic Rules Section 4-08(m)(9), which states
"When parking is not otherwise restricted by posted signs, no person
shall park any vehicle in any area, including a residential area, in
excess of seven consecutive days." NYPD tells us, this is enforced by
using the tried and true method of chalking a car's tires and
revisiting the car seven days later. However this is not one of the
most urgent violations NYPD handles, so unless you complain vigorously
it is not likely someone will come out and ticket your neighbors.
Gridlock
Sam
Dear Sam:
I was wondering, do you need to signal a left turn if
you are in a lane
that is designated for 'Left Turns Only'? For the record, I do it
anyway.
Lee
S. R.
Dear Lee:
Yes, you must always use your signal when getting ready
to turn,
even if you are in a lane that is marked (or even unmarked) for left
turns only. The same is true for turns from a
right-lane-must-turn-right lane.
Gridlock Sam
Dear Readers,
Some good news for drivers as the city eases up on some
parking regulations and increases the threshold for scofflaw status.
A new parking rule defining marked and unmarked
crosswalks goes into
effect Wednesday, June 22. Under the new rules, you will be allowed to
park anywhere along the top part of a T intersection as long as there
is no marked crosswalk. In the past, you were not allowed to park
within the imaginary line drawn by extending the sidewalk (from the
stem of the T) across the street (the top of the T). (Go to www.gridlocksam.com for a
diagram.)
A couple of caveats: If there is a pedestrian ramp
there, it is illegal
to block it, and you could receive a summons. But if there is a just a
pedestrian signal and no marked crosswalk, the law is unclear whether
you can park there. The advice from NYC DOT is, "If you know it's a
crosswalk, you should not park there." I concur, but I think the
law
needs some fine-tuning.
The second change, spearheaded by Councilman John Liu,
chairman of the
Council Transportation Committee, increases the threshold for scofflaw
(outstanding ticket) status, from $230 to $350. Once you've been
declared a scofflaw, your car becomes fair game for the city to tow,
parked legally or not. The law should become effective by the end of
July or early August. Stay tuned.
Gridlock Sam
Hello, Sam:
I always enjoy your column. This past Saturday I was
trying to park on
Seventh Ave. between Eighth and Ninth Sts. in Park Slope. There were
three empty parking spaces, all with meters that said "Fail," and I
could not put any time on the meter with a quarter. I left the spots
and found another space. Could I have parked there?
Jeff S.,
Brooklyn
Dear Jeff:
In a city of constant "slot-hounding," a "Fail" is a
blessing in
disguise: yes, you could have. According to the city Transportation
Department, if a meter reads "Fail" it is broken and you can park there
for up to an hour. If you park for more than an hour, the agent needs
to note on the ticket the first time observed and the time of the
second observance (thus a total of more than one hour spanned) in order
for the ticket to be valid.
Gridlock
Sam
Dear Gridlock Sam:
I have a 10-year-old Mazda Miata that I love dearly. The airbag light
came on and the repair shop told me it will cost $1,700 to fix. My New
York State inspection is due next week. Do I need to have the airbag
fixed to pass the inspection?
B.P., Manhattan
Dear B.P.
If you really love your Miata, I recommend that you get the airbag
fixed (but go to a few repair shops for an estimate - $1,700 sounds
steep). But you need not get it repaired for the inspection. According
to the state Department of Motor Vehicles, 1998 and newer passenger
vehicles are only inspected for the operation of the airbag light; the
airbag operation itself is not grounds for the car to flunk inspection.
The inspector is only required to advise the motorist of a problem at
the time of inspection. P.S.: If your airbags aren't working it could
affect your insurance rate.
Gridlock Sam
Dear Gridlock Sam,
Please clarify parking laws pertaining to the stop bars
that are placed
behind crosswalks at intersections. If I park my car at the curb behind
the crosswalk so that I am not in the crosswalk, but closer to the
intersection than the stop bar, am I parked legally?
Alan G.
Dear Alan G.,
You have no idea how many people are confused by the two different
lines, including traffic enforcement agents! The answer is yes, as long
as the signed regulations permitted parking. If you received a ticket
and you were parked behind the crosswalk but on top of the stop line or
between the stop bar and crosswalk, you shouldn't get a ticket.
Gridlock Sam
Dear Gridlock Sam:
Can I place a "For Sale" sign - with amount and
telephone number - in my vehicle window when it is parked on the street?
Thank you.
R.T.
Dear R.T.:
Yes you can as long as you are not a dealer or engaged
in the sales of
more than one vehicle (that could then be construed as being a dealer).
Prior to 1992, it was illegal even for private owners to display a "For
Sale" sign and park their car on a city street. But since the latest
N.Y.C. Traffic Regulation, section 4-08 (n) (1) was added, the law only
bars persons "regularly engaged in the sale of vehicles" from parking
their vehicles "upon any roadway or off-street parking facility for the
principal purpose of displaying such vehicle for sale." Thus, unless
the owner is a car dealer, he or she may display a sign.
Gridlock
Sam
Dear Gridlock Sam:
The High-Occupancy-vehicle lane on the Long Island
Expressway is in
effect Monday through Friday, 6 a.m. to 10 a.m. and 3 p.m. to 8 p.m. Is
it legal to use the HOV lane at hours other than these and on weekends
if I am driving alone?
E.G., Hauppauge
Dear E.G.:
Yes, it is. During the times you stated, the HOV lane in
Nassau and
Suffolk counties is for use by buses and passenger vehicles with two or
more occupants. The HOV lane is available to all other car traffic,
regardless
of number of occupants in the car, at all other times.
However, that's not the case for all HOV lanes; the one
on the inbound
Gowanus is closed to traffic when not in operation.
Gridlock Sam
Dear Gridlock Sam:
I was stunned when I received a traffic ticket for
making a "U-turn
in a business district" on Queens Blvd. at Hillside Ave. I was in a
left-turn
lane and had a green arrow. There were no signs at the intersection
stating
No U-turn like there are at many other intersections on Queens Blvd. I
thought that since a sign wasn't posted, I could legally make the turn.
What am I missing? What is a business district? And where can you make
a U-turn on Queens Blvd.?
Patricia, Kew Gardens
Dear Patricia:
I was with you (U-turns permitted on a left-turn arrow)
until I started
digging and found an obscure law (so obscure that traffic officials
were
unfamiliar with it) that would prohibit U-turns on just about all of
Queens
Blvd. But, first, let's deal with what the cop wrote you up for.
New York State law allows U-turns if there are no signs
to the contrary
and you're not in a business district. A business district, as defined
by the state traffic law, is where more than half the frontage of the
street
you're on (within 300 feet either way) is commercial or retail. I
suspect
Queens Blvd. at Hillside Ave. meets that criterion.
However, N.Y.C. Traffic Regulation Section 4-07(h)(2)
states, "No vehicle
shall make a U-turn on a divided highway, except where permitted by
sign
or at the direction of a law enforcement officer." So any time a
roadway
has a center median and there is no posted permission, i.e., a sign
allowing
it, a U-turn is prohibited.
I've never heard of anyone getting a summons for this,
and I don't think
it's a fair rule. I'll bet it's left over from the early part of the
last
century before we had major highways. I've written to the city
Transportation
Department requesting it consider removing it.
Gridlock Sam
Dear Gridlock Sam:
I received a $35 parking ticket, but the police
officer mistakenly
wrote my inspection date in the registration expiration date field. Can
my ticket be dismissed?
Jo-Ann W., Ozone Park
Dear Jo-Ann,
Yes! Send that ticket back with a "not guilty" plea. An
incomplete or
inaccurate registration expiration date is immediate grounds for a
parking
ticket's dismissal. Send a photocopy of your registration along with a
note stating the reason for your plea.
By the way, the most common automatic dismissal reason
is a failure
to list the full registration date (month/day/year). For example, if
your
expiration day is Oct. 11, 2000 and the ticket reads, "October 2000,"
the
ticket will be dismissed. The issuer may never leave this portion of
the
ticket completely blank, even for out-of-state vehicles. However, they
may write "N/A" or "none" instead when there is no sticker.
Gridlock Sam
Dear Gridlock Sam:
I double-parked briefly to run into a drugstore to get a
prescription
filled. When I returned, I found my car being hooked to a
tow
truck; I thought I had no option but to watch my car being hauled off.
Later, however, my friend told me I could have paid a fee and gotten my
car back immediately. Is this true?
Don T., Manhattan
Dear Don,
Yes, if your car is still on the scene and hasn't been
moved yet, you
can ask for a "field release." It will cost $75; a bargain compared to
the $150 you'll pay to get your car out of the pound. Section
4-08(a)(9)(ix)
of the NYC Traffic Rules and Regulations states, "When a vehicle
has
been hooked to a tow truck in preparation for removal to a pound, but
the
owner or other person lawfully entitled to possession of such a vehicle
appears and requests the release of such a vehicle before the tow truck
is in motion, such vehicle shall be unhooked and released."
You must, however, be able to present a valid driver's
license, registration,
title to the vehicle, insurance identification and keys to the vehicle.
Before release of the vehicle, you must enter into a binding agreement
consenting to pay the fines within a 30-day period.
Gridlock Sam
Dear Gridlock Sam:
I would like to know what I should do when I see a
broken parking meter.
Can I park there legally, or will I receive a ticket?
Jean D., Brooklyn
Dear Jean:
You can park at a broken meter, but only for one hour.
Incidentally,
if you happen to see an available space in front of a missing meter,
you
can park for the time posted on the nearest sign.
For example, if the nearest sign reads "two-hour
parking," you can park
in the space legally for two hours.
So, if you've got a choice between a broken meter or a
missing meter,
choose the missing meter if the parking sign reads more than an hour.
If
it reads less than an hour, choose the broken meter.
Gridlock Sam
Dear Gridlock Sam:
Can I place a "for sale" sign in the window of my car?
The car is parked
on the street, and I don't want to get a ticket!
Sandra L. , via e-mail
Dear Sandra:
Assuming you are a private owner, you most certainly can
display a "for
sale" sign on a public street. According to New York City Traffic
Regulation,
Section 4-08 (n)(1), "No person regularly engaged in the sale of
vehicles
shall park a vehicle upon any roadway or off-street parking
facility
for the principal purpose of displaying such a vehicle for sale."
Thus, car dealers can't put "for sale" signs in windows
of cars on the
street, but private owners can.
Gridlock Sam
Dear Gridlock Sam:
What is the law on getting out of a parked car? Can you
get out on the
street side, or must you always use the curb side?
Bethann B., via e-mail
Dear Ann:
You may get out on the street side as long as you are
careful. According
to the New York State Vehicle and Traffic Law,
"No person shall open the door of a motor vehicle on the
side available
to moving traffic unless and until it is reasonably safe to do so and
can
be done without interfering with the movement of other traffic."
Stay safe!
Gridlock Sam
Dear Gridlock Sam:
How can you find out if you have any violations against
your license
or vehicle?
Worried, via e-mail
Dear Worried:
The easiest way to attain information about your license
and vehicle
is to call the Department of Motor Vehicles at (518) 473-5595.
You will be asked to identify yourself with information
from your license.
The cost is $10; be sure to have a credit card handy.
Gridlock Sam
Dear Gridlock Sam:
I have a New York State driver's license but received a
summons in New
Jersey for speeding.
Will any points be added to my license?
Sol L.
Dear Sol:
No, you will not receive points on your license for a
New Jersey violation.
The New York State Department of Motor Vehicles will
only assess points
to residents who hold a license in New York State and rack up tickets
there.
Be forewarned, however, if you do not respond to
out-of-state tickets,
the New York DMV will suspend your license until you do.
Gridlock Sam
Dear Gridlock Sam,
I was given four tickets for having covered my
motorcycle with a canvas
cover in an attempt to protect it from the rain. The tickets were for
having
my license plate, vehicle identification number, inspection and
registration
stickers covered. What are the rules when it comes to having
motorcycles
covered?
Juan C. Casillas,
New York
Dear Juan:
New York is not a motorcycle friendly place. Chapter 4,
Section 8 of
the New York City Traffic Rules and Regulations states that "no
person
shall stand or park a vehicle having a cover on it that obscures the
make,
color, vehicle identification number (VIN), license plate and/or
registration
and inspection stickers."
Hence, vehicle covers are prohibited for both cars
and motorcycles
on city streets. If you don't want your motorcycle getting wet, you'll
need to park it indoors or cover it on private property.
Gridlock Sam
Dear Gridlock Sam:
I received two parking tickets for the same infraction,
on the same
day, about 50 minutes apart. The infraction was
alternate-side-of-the-street
parking. I thought it was against the regulations to give two tickets
for
the same infraction on the same day. Furthermore, the second ticket
wasn't
on my windshield. I found out about it because I received a letter from
the Parking Violations Bureau, informing me I owed money. Please
advise.
Fernando, via e-mail
Dear Fernando:
There are no set rules on how many summonses you can
receive for the
same violation, although most judges will dismiss additional summonses
if they were issued less than an hour apart. I suggest you plead guilty
on the first, not guilty on the second and explain that you received
both
within an hour.
Gridlock Sam
Dear Gridlock Sam,
The Cropsey Ave. Burger King has installed a sign that
reads "No Left
Turn" for its eastbound departing customers. However, the sign is not
manufactured
by the Department of Transportation, as there is no insignia or printed
label in the usual place down near the bottom or center of the
sign.
Are these home-made, unofficial signs legally binding,
or should drivers
just use them as a guideline to use caution when making a left
turn?
Frozen at the Wheel
in Brooklyn
Dear Frozen:
Signs installed by private entities are not considered
regulatory.
However, Cropsey Ave. is a wide, busy street, so I think
the Burger
King did the right thing by installing the "No Left Turn"
sign.
I suggest obeying it even if it's advisory.
Gridlock Sam
Dear Gridlock Sam:
My passenger-side mirror recently broke off, and because
of that I failed
my vehicle inspection. I thought that right passenger mirrors were not
required. Please help.
BP, Manhattan
Dear BP,
You've entered the quirky zone. A passenger-side mirror
is not required
unless the rear view is blocked. However, if your vehicle was
manufactured
with a passenger-side mirror and it is broken or missing, you may
fail inspection and even be summonsed for an equipment
violation.
Gridlock Sam
Dear Gridlock Sam:
A driver gets three points against his license if a
passenger under
16 years old is not belted in. How many points are given if the driver
or a passenger 16 or over is not wearing a seatbelt?
REX,
via e-mail
Dear REX:
Glad you brought this up. Many drivers don't know that
they can get
points on their licenses if they are caught with an unbuckled minor
(under
16 years old). There is also a fine of up to $50, plus a $25 surcharge.
No points are added to a driver's license if that driver chooses not to
wear a seatbelt, but there is a fine of $50, plus a $15 surcharge, for
this infraction.
For a passenger over 16 in the front seat not belted in,
the passenger
would get the ticket. Gridlock Sam's advice is that everyone,
regardless
of age and regardless of seat position, should be buckled up.
Gridlock Sam
Dear Gridlock Sam:
What year was it mandatory for the auto industry to
install seat belts
in cars? Were they lap belts only, or lap belts and shoulder
restraints?
In 1972, were seat belts an extra feature in a car? What
year did it
become a law to wear seat belts in New York State? I appreciate
any
answers you could give me with regard to seat belts in
automobiles.
Sharon A, Brooklyn
Dear Sharon:
Manufacturers were required to install lap belts in
every seat
position and shoulder belts for outbound front occupants starting with
1968 model year vehicles. New York State, a pioneer in seat belt usage,
enacted legislation in 1984. The first year that cars throughout the
United
States were required to have lap/shoulder belts in all positions was
1990.
Gridlock Sam
Dear Gridlock Sam:
I was dropping off some passengers from my vehicle in a
"No Standing"
zone on 44th St. between Fifth and Sixth Aves. A police officer came up
to me and said that I was not allowed to do this in a "No Standing"
zone.
I would like to challenge this officer's interpretation
of the law.
Do I have a leg to stand on?
Joe, NYC
Dear Joe:
You can stand on both legs, Joe.
Section 4-08 of the New York City Traffic Rules and
Regulations states
that "when standing is prohibited by signs or rules, no person shall
stop
a vehicle attended or unattended, except temporarily for the purpose
of...expeditiously
receiving or discharging passengers."
However, one must always obey the direction of a
police officer.
Gridlock Sam
Dear Gridlock Sam:
Is there a legal minimum parking distance from a bus
stop? I was towed
last week for parking in a bus stop.
In my defense, I stated there were no "No Standing"
signs, and I parked
at least a city bus length away from the bus stop pole.
Guy C
Dear Guy:
There is no legal minimum distance. Sometimes, an entire
city block's
curb is reserved for buses. If there were no signs on the block, but
merely
a painted line (signs are regulatory, painted curbs are not), you have
an excellent defense.
Take photos showing the exact address where you were
summonsed, show
the curb with no signs and show a street name sign. Each photo should
show
a little of the previous photo, so the judge can determine that all the
photos are from the same block.
If there was a single bus stop sign at the front of the
block, the entire
curb after that is governed by that sign. This is based on the "single
sign per block" rule passed during the Dinkins administration.
If signs were missing, write to the Department of
Transportation's sign verification unit. Even then, you may have a
tough time convincing the judge you were not in violation.
Gridlock Sam
Dear Gridlock Sam,
I live in a private house. Somebody parked in front of
my house, blocking
the driveway by over 3 feet. I had a hard time trying to drive my car
out.
I put a note on the car, asking the driver to please not block the
driveway
in the future.
After a few hours, the owner of the car returned, read
the note, and
threw it on the floor. When I confronted her, she said that there is no
law regarding blocking the driveway. She also said she was a
policewoman
and she knew the law.
Please explain the law and how I should handle it in the
future.
AR, the Bronx
Dear AR:
There certainly is a law.
The New York City Traffic Rules and Regulations section
4-08 states
that there will be no parking "in front of a public or private
driveway
or pedestrian ramp, except that it shall be permissible forthe owner,
lessor
or lessee of the lot accessed by a private driveway to park a passenger
vehicle registered to him/her at that address in front of such
driveway."
If she returns and blocks the driveway (and you believe
that she is
a police officer), I would take her license plate and send a letter
with
all the details, including that she littered, to:
The New York City Police Department,
Chief of Department
1 Police Plaza
New York, N.Y. 10038
Police brass don't take too kindly to officers abusing
the rules and
being rude to citizens.
Gridlock Sam
Dear Gridlock Sam:
I am very annoyed that on several occasions I have been
ticketed for
what is referred to in a section of the N.Y.C. Traffic Laws as blocking
my sidewalk in front of my home.
What really happened is that I parked the car in the
section of the
driveway referred to as the apron, which does NOT block the sidewalk
where
pedestrians can walk unobstructed.
Is it right that I be ticketed for parking on the apron
of my own driveway
that does not block the sidewalk?
Bernard Weill
Dear Bernard:
It depends on whether you were within your building
line. This is a
line, often invisible, that separates your property from public
property.
You can park anywhere on your own property, but if you
intrude on public
property, you are subject to public regulation. Check your deed, and if
indeed (pun intended) you were parked within your property line,
plead
"not guilty."
As your defense include a copy of the deed and a photo
showing where
your car was parked.
Gridlock Sam
Dear Gridlock Sam:
I live in Bay Ridge, and a homeowner near my house on
74th St. between
Third and Fourth Aves. recently painted the curb in front of his house
and put up a "No Parking Driveway" sign on his gate. Mind you, he has
no
driveway, the curb isn't sloped to the street, and he has no garage. If
I park there, would a traffic cop give me a ticket, and is that
legal?
Robert, Brooklyn
Dear Robert:
An officer shouldn't issue a summons if there is no curb
cut. A painted
curb means nothing in parking law. Secondly, you neighbor can post all
the signs he wants, but it won't be regulatory. Only a city-issued sign
would be regulatory on 74th St.
These situations often become contentious, so to avoid
confrontation,
you might want to contact the city Buildings Department at (212)
312-8000
and let it handle it.
The city Transportation Department might want to issue
the homeowner
a summons for painting public property. Call that department at (212)
or (718) CALL-DOT.
Gridlock Sam
Dear Gridlock Sam:
Can nonmedallion cabs with Taxi & Limousine
Commission plates park
overnight on residential streets?
Mike Gannon
Dear Mike:
Yes. Cars with TLC plates are considered passenger
vehicles, not commercial
vehicles, for parking purposes. This means that they can park anywhere
cars can park, as long as they are not in violation of posted rules or
blocking a driveway, hydrant, etc.
Gridlock Sam
Dear Gridlock Sam:
Please settle this argument between my wife and me. She
says that you
must signal when you enter a turn lane. I say you don't have to,
because
the lane is made for turning and if you weren't turning you would be in
violation of theaw. Who is correct?
Jeff
l
Dear Jeff:
Let's put the matrimonial disharmony to rest. The Mrs.
got it right
(or left for that matter). Turn lanes are implemented to improve
traffic
flow and reduce intersection congestion. They don't replace the safety
and legal requirement to signal, which by the way should also be
happening
if you need to change lanes to enter the turn lane.
Gridlock Sam
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