CREEDMOOR CIVIC ASSOCIATION

This page was last updated 9/14/05



Note: All questions and answers on this page were taken from the NY Daily News

If you have a question for Gridlock Sam, please do not send it to Creedmoor Civic.
Sam Schwartz is the transportation and parking expert.

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
                                                                                                                 



 




 Note: All questions and answers on this page were taken from the NY Daily News.

If you have a question for Gridlock Sam, please do not send it to Creedmoor Civic.
Sam Schwartz is the transportation and parking expert.

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