NY Commercial Vehicles- Lettering/Parking Requirement

[chance166]

What is the name of your state (only U.S. law)? NY/NYC

I recently received a ticket for parking a Commercial Vehicle on a residential street in Brooklyn. I also received a ticket for not having my company's name and address permanently affixed on the sides of the vehicle.

I guess I'm a little bit confused... since I am just a country hick from way upstate.

My Chevy Silverado is my personal vehicle, not being used for business, but over the NYS 5500lb max for passenger registration, and I dont have a business.

First off, what am I supposed to put on the side of my truck, my real name and current home address?

Secondly, does this mean I cant park my personal vehicle at my personal address (because it weighs 6500 lbs instead of 5500 lbs)?What is the name of your state (only U.S. law)?

[chance166]

Where can I find out where "Commercial" parking is available versus what is considered residential?

[You Are Guilty]

What section of the law (number) were you accused of violating?

Originally Posted by chance166

Where can I find out where "Commercial" parking is available versus what is considered residential?

You have a lot of reading:
http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf

[HighwayMan]

The New York city Administrative Code requires that all commercial vehicles be marked on both sides with the owner/registrant name and address in lettering at least 3 inches high permanently affixed.

The New York City Traffic Rules codifies this also for parking violation purposes.

Note the NYC TR definition of a commercial vehicle:

Commercial vehicle.
(i) For the purposes of parking, standing and stopping rules, a vehicle
shall not be deemed a commercial vehicle or a truck unless:
(A) it bears commercial plates; and
(B) it is permanently altered by having all seats and seat
fittings, except the front seats, removed to facilitate the
transportation of property, except that for vehicles designed with a
passenger cab and a cargo area separated by a partition, the
seating capacity within the cab shall not be considered in
determining whether the vehicle is properly altered; and
(C) it displays the registrant's name and address permanently
affixed in characters at least three inches high on both sides of the
vehicle, with such display being in a color contrasting with that of
the vehicle and placed approximately midway vertically on doors
or side panels.


Notice the highlighted "ands".

According to this it's not a commercial vehicle (for the purposes of parking/standing/stopping) unless it has commerical plates AND is marked.

BUT then later it states the following:

(k) Special rules for commercial vehicles.
(1) Parking of unaltered commercial vehicles prohibited. No person shall
stand or park a vehicle with commercial plates in any location unless it has been permanently altered with all seats and rear seat fittings, except the front seats, removed except that for vehicles designed with a passenger cab and a cargo area separated by a partition, the seating capacity within the cab shall not be considered in determining whether the vehicle is properly altered, and has the name and address of the owner as shown on the registration certificate plainly marked on both sides of the vehicle in letters and numerals not less than three inches in height, in compliance with Section 10-127 of the Administrative Code and is also in compliance with paragraph (i) of the definition of commercial vehicle as set forth in section 4-01 of these rules (first cite above)


This section just says "commercial plates".

These stautes seem to conflict.

One says it's not a commercial vehicle unless it's altered, and the other says if it has commercial plates it must be altered.

I would say move back upstate

If you show the registration (personally registered) and indicate that it's for personal use only (although that's hard to prove) you might get these dismissed.

If the only reason you have commercial plates is the unladen weight of the truck then the ALJ might not consider it a commercial vehicle.

You might also want to consider getting a smaller truck.

[chance166]

I spoke to an NYC lawyer today regarding the tickets, and she informed me that there is a good chance that the local "business judge" will throw it out.

Although that makes me feel a little better about my predicament, it still means I'm going to be getting these tickets for the length of my stay. I was also told that several officers usually have vehicles towed for this "violation".
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HighwayMan,

Those are exactly the sections I have been reading and rereading. I've pretty much come to the conclusion that I am "guilty" in the eyes of NYC... no matter what the book actually says.

As for the recommendations to get a smaller truck, I'd have to say that if it came down having to choose between my truck and NYC, I guess I will be moving back upstate after all. And to be honest, I think NY State has been getting worse and worse with silly things such as this (and some not so silly, like all the taxes and those "temporary" I-90 tolls). For that reason, Im not planning on being a New Yorker for very long... did you know that New Hampshire has no state income tax?

[HighwayMan]

FYI, NYC is a tow away zone - your vehicle can be towed for ANY parking violation. It doesn't happen that often, but it can.

What do you mean by "I've pretty much come to the conclusion that I am "guilty" in the eyes of NYC... no matter what the book actually says"?

Whoever cited you might not be familiar with the details of the statutes. I would also ticket a truck with commercial plates left on the street overnight.

How long is your stay here?

And as far as NH goes, don't you mean sales tax rather than income tax?

[patstew]

Originally Posted by HighwayMan

And as far as NH goes, don't you mean sales tax rather than income tax?

New Hampshire has neither an income tax nor a sales tax.

But don't even think about moving here, because the property taxes will kill you.

[HighwayMan]

I guess there's always a catch!