No Standing violation in NYC with NJ temp plates - Exp date not listed.

[ACTUALHUMANPOOP]

What is the name of your state (only U.S. law)? New Jersey

I received a "No Standing" violation in NYC. My car has NJ temp plates with a clearly listed expiration date. The officer listed the expiration date as "N/A" on my ticket. Is the ticket defective on its face?

 

[sandyclaus]

What is the name of your state (only U.S. law)? New Jersey

I received a "No Standing" violation in NYC. My car has NJ temp plates with a clearly listed expiration date. The officer listed the expiration date as "N/A" on my ticket. Is the ticket defective on its face?

No. Whether or not there was an expiration date for your plates listed on the ticket, you were still parked in a No Standing zone. The expiration date has nothing to do with the violation.

Pay your ticket and move on.

 

[ACTUALHUMANPOOP]

With all due respect, parking tickets are routinely dismissed over technicalities in NYC, regardless of the actual fault of the party being issued the ticket, or the relation of the error on the ticket to the infraction that was committed. In this case, after doing a bit of research, I believe I am in the right. The car registration expiration date is a required element on an NYC parking ticket per N.Y. VAT. LAW § 238. While NJ license plates don't always display this information (which is why officers will often write N/A for NJ tickets), in this case the expiration date was clearly visible on the temporary plate. An exceptional case, but a violation of § 238 nonetheless. I will be pleading not guilty.

 

[Zigner]

With all due respect, parking tickets are routinely dismissed over technicalities in NYC, regardless of the actual fault of the party being issued the ticket, or the relation of the error on the ticket to the infraction that was committed. In this case, after doing a bit of research, I believe I am in the right. The car registration expiration date is a required element on an NYC parking ticket per N.Y. VAT. LAW § 238. While NJ license plates don't always display this information (which is why officers will often write N/A for NJ tickets), in this case the expiration date was clearly visible on the temporary plate. An exceptional case, but a violation of § 238 nonetheless. I will be pleading not guilty.

It's N/A because it was a temporary operating permit.

 

[ACTUALHUMANPOOP]

It's N/A because it was a temporary operating permit.

How is the expiration date on a temporary operating permit any different than the expiration date on a normal car registration? Why wouldn't this be required information just because it's a temporary permit? You can get a ticket if you are driving around with an expired temporary permit - in that case, the expiration date would CERTAINLY be a required bit of info. It wouldn't be sufficient to leave that field blank or N/A.

 

[Zigner]

Good luck - hope it works out for you.

 

[tranquility]

How is the expiration date on a temporary operating permit any different than the expiration date on a normal car registration? Why wouldn't this be required information just because it's a temporary permit?

Personally, I think you are right. The only real question I would have is if a "temporary operating permit" is a "plate". I can't find reference to that. But, as to the rest:

2-a. (a) Notwithstanding any inconsistent provision of subdivision two
of this section, where the plate type or the expiration date are not
shown on either the registration plates or sticker of a vehicle or where
the registration sticker is covered, faded, defaced or mutilated so that
it is unreadable, the plate type or the expiration date may be omitted
from the notice of violation; provided, however, such condition must be
so described and inserted on the notice of violation.

(b) If any information which is required to be inserted on a notice of
violation is omitted from the notice of violation, misdescribed, or
illegible, the violation shall be dismissed upon application of the
person charged with the violation.

Crichlow v NYC Dept. of Fin. Adjudication Div.
2011 NY Slip Op 50765(U)

With respect to Violation No. 7324225871, this court finds that although the description of the body of the vehicle as a sedan was correct, it is not disputed that the vehicle was a two- door sedan and not a four-door sedan. Thus, the summons which described the body type as "4DSD" contained a misdescription of the vehicle. In respondent's memorandum of law they concede that the two-door vehicle was misdescribed, however, respondent contends that "the identification of the two-door sedan as a four-door sedan on a parking ticket is not a fatal mistake, because it does not reach the level of misdescription of the body type as required by VTL §238." [*5]

However, the Court of Appeals clearly stated in Matter of Wheels, Inc., v Parking Violations Bureau, 80 NY2d 1014 [1992] that a misdescription of any of the five mandatory identification elements mandates dismissal. Contrary to the respondent's contention, the Court of Appeals ruling in Matter of Wheels, Inc, supra., does not provide for levels of misdescription and it does not provide for an exception for small errors. Here, because the body type of the car was clearly misdescribed, the Adjudication Bureau was mandated to dismiss the summons pursuant to VTL§ 238(2-b)(a). Thus, as the determination of the Appeals Board was based upon an error of law, the determination of the Board with respect to Violation No. 7324225871 must be annulled.

 

[ACTUALHUMANPOOP]

Personally, I think you are right. The only real question I would have is if a "temporary operating permit" is a "plate". I can't find reference to that.

Well, the "Plate Type" on the ticket is listed as "TMP" so I think for all intents and purposes it is probably viewed as a "plate"

 

[tranquility]

Well, the "Plate Type" on the ticket is listed as "TMP" so I think for all intents and purposes it is probably viewed as a "plate"

You're relying on the exact wording of a statute to get rid of a violation for a minor technical error. If I were you, I'd try to bring in more than "intents and purposes" to your argument. If you lose in the original hearing, you really don't want to go to appeals.

 

[Zigner]

You're relying on the exact wording of a statute to get rid of a violation for a minor technical error. If I were you, I'd try to bring in more than "intents and purposes" to your argument. If you lose in the original hearing, you really don't want to go to appeals.

The temporary operating permit is not a "plate" it's a permit.

 

[ACTUALHUMANPOOP]

The temporary operating permit is not a "plate" it's a permit.

Huh? Where are you getting this from? NJ DMV never refers to them as "permits" - they are referred to as "Temporary Vehicle Tags" on the NJ DMV website.

 

[Zigner]

Huh? Where are you getting this from? NJ DMV never refers to them as "permits" - they are referred to as "Temporary Vehicle Tags" on the NJ DMV website.

Ok, tags.

It's a temporary operating tag, not a plate.


Good luck with your case.

 

[ACTUALHUMANPOOP]

You're relying on the exact wording of a statute to get rid of a violation for a minor technical error. If I were you, I'd try to bring in more than "intents and purposes" to your argument. If you lose in the original hearing, you really don't want to go to appeals.

Well, what I cited wasn't a statute, just the formatting of the ticket, but I understand what you're saying. I'm not going to go in there and try some "four corners of the document" approach. On the other hand, I cannot find anything in the NYC traffic code that would deign to treat temporary plates any different than normal license plates, unless they have some secret interpretation of the code not available to the public.

I've been in traffic court a few times and appealed a number of tickets online. In almost all cases, the tickets were dismissed on a technicality, even a minor one.

 

[ACTUALHUMANPOOP]

Ok, tags.

It's a temporary operating tag, not a plate.


Good luck with your case.

I only argue on the level of semantics because "permit" seems to suggest you are afforded only provisional rights - i.e. the same requirements for a normal traffic ticket for some reason don't apply to someone with a temporary "tag."

 

[tranquility]

The temporary operating permit is not a "plate" it's a permit.

Maybe. I can't read New Yalk:

* a. Upon filing of such application and the payment of the fee
hereinafter provided, the commissioner shall assign to such motor
vehicle a distinctive number and, without expense to the applicant,
issue and deliver in such manner as the commissioner may select to the
owner a certificate of registration, in such form as the commissioner
shall prescribe, and two number plates at a place within the state of
New York named by the applicant in his or her application. A number
plate, within the meaning of this chapter, may, in the discretion of the
commissioner, be a plate of a permanent nature, treated with
reflectorized material according to specifications prescribed by the
commissioner, and with a date tag attached to such plate or to the
vehicle as prescribed by regulations of the commissioner indicating the
validity of the plate during a certain period and the issuance of such a
number plate with such date tag to a person possessing such a number

plate shall be deemed the issuance of a number plate. An additional fee,
not to exceed twenty-five dollars, shall be paid to the commissioner
whenever a set of reflectorized number plates is issued for any vehicle
for which a registration fee is normally charged except that, with
respect to any number plate which is specifically requested by the
applicant, such fee shall be paid to the commissioner upon approval of
such request. In the event of the loss, mutilation or destruction of any
certificate of registration, any number plate or set of number plates
whether with or without a date tag or tags, or any date tag or set of
date tags provided for in this article, the owner of a registered motor
vehicle may file such statement and proof of the facts as the
commissioner shall require, with a fee of three dollars, in the office
of the commissioner, or, unless and until the commissioner shall
otherwise direct, in the office of the agent who issued the certificate,
plate, plates, tag or tags and the commissioner or his or her agent, as
the case may be, shall issue a duplicate or substitute. It shall be the
duty of every owner holding a certificate of registration to notify the
commissioner in writing of any change of residence of such person within
ten days after such change occurs, and to inscribe on such certificate,
in the place provided by the commissioner, a record of such change of
residence.

As I go further, I agree it is a "tag":

N.Y. VAT. LAW § 403 : NY Code - Section 403: Number plates continued

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1. Notwithstanding any other
provision of this chapter, the commissioner, upon registration or
reregistration of any vehicle required to be registered under this
chapter, may continue the use of number plates for an additional period
as may be determined by him, in which event he shall issue and deliver a
tag or other evidence of registration, which shall be attached or
affixed in such manner as he may prescribe by regulation. The failure to
affix or display such tag or other evidence of registration, in the
manner prescribed by the commissioner, shall constitute a violation of
this section. The removal from any vehicle, other than by the owner of
the vehicle or person authorized by such owner or by a police officer in
the performance of his duties, of such tag or other evidence of
registration shall constitute a class B misdemeanor.