Rental car got a parking violation ticket, need advice

[zouxc]

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

I need some advice on my parking ticket.

I was moving from Illinois to New York City. So I rented a moving truck to move my stuff to the city. I arrived at my space in the evening, so I parked the truck by the street and plan to moving my stuff next morning. Private cars can be parked by the street, it is legal, I am pretty sure.

Next morning, I got a ticket because: Parking a Commercial Vehicle on a residential street between 9PM and 5AM unless doing business within 3 blocks. (NYC parking vehicle violation code 78)

The fine was $65, I do not want to pay for it, because I am not using the vehicle for commercial purpose.

I am wondering if I request a in person hearing, do I still get any chance of "Not guilty"?

Thank you so much for your help.

 

[davew128]

A rental truck is a commercial vehicle....

 

[You Are Guilty]

0% chance of being found not guilty on the merits. Your only hope is if the ticket is filled out incorrectly (see the other posts here about NYC parking tickets for specifics).

Oh, and if you don't pay it, the rental company will (with any late fees) and charge you for them, often with an additional "convenience fee" tacked on to boot. So it's definitely in your best interests to resolve this yourself.

 

[randolph76]

A rental truck is a commercial vehicle....

But wouldn't he doing business within three blocks if he is moving his stuff?

 

[The Occultist]

But wouldn't he doing business within three blocks if he is moving his stuff?

He wasn't in the process of doing business; he was leaving it parked overnight with the intent of unloading it in the morning, so no, he was not doing any business at the time of cite.

 

[FlyingRon]

Sorry OCC, U-Haul trucks even when used for personal reasons are considered commercial vehicles in NY and *CAN NOT* be left parked for more than 3 hours or overnight on the streets.

 

[OHRoadwarrior]

If it had been empty and was being used for personal transportation, you might have been able to fight it with some success. The only time commercial vehicles are exempted from SOME commercial vehicle laws are for personal vehicle usage. That said, unless you are with the vehicle to establish its current status, you will always fight an uphill battle.

 

[zouxc]

Thank you

thank you so much for the opinions and advice.

Looks like I have pay the bill.

Won't do this kind of parking again.

 

[The Occultist]

Sorry OCC, U-Haul trucks even when used for personal reasons are considered commercial vehicles in NY and *CAN NOT* be left parked for more than 3 hours or overnight on the streets.

I think you misinterpreted my post (or I've gotten worse at communicating) as I was supporting the fact that the cite was valid

 

[HighwayMan]

If it had been empty and was being used for personal transportation, you might have been able to fight it with some success. The only time commercial vehicles are exempted from SOME commercial vehicle laws are for personal vehicle usage. That said, unless you are with the vehicle to establish its current status, you will always fight an uphill battle.

Absolutely untrue. A commercial vehicle is a commercial vehicle - period. Commercial vehicles are not exempt from ANY commercial vehicle laws regardless of how they are used. But maybe you can enlighten me and point out some statute that I am unaware of.

 

[OHRoadwarrior]

Absolutely untrue. A commercial vehicle is a commercial vehicle - period. Commercial vehicles are not exempt from ANY commercial vehicle laws regardless of how they are used. But maybe you can enlighten me and point out some statute that I am unaware of.

One example is when using a commercial vehicle for personal transportation, such as a truck driver on home time. He can freely drive the tractor around town, with no log booking requirement or some places, duty to stop at a scale.

 

[Zigner]

One example is when using a commercial vehicle for personal transportation, such as a truck driver on home time. He can freely drive the tractor around town, with no log booking requirement or some places, duty to stop at a scale.

You're adding hypotheticals that are outside the specifics in THIS thread. For the purposes of PARKING VIOLATIONS, a commercial truck is a commercial truck, no matter HOW it is being used.

 

[OHRoadwarrior]

You're adding hypotheticals that are outside the specifics in THIS thread. For the purposes of PARKING VIOLATIONS, a commercial truck is a commercial truck, no matter HOW it is being used.

I was answering a question. You are wrong. I know you are wrong. I suggest you stop at a scale house and discuss the applicability of laws with a DOT officer.

 

[Zigner]

DOT doesn't enforce local parking laws.

 

[HighwayMan]

One example is when using a commercial vehicle for personal transportation, such as a truck driver on home time. He can freely drive the tractor around town, with no log booking requirement or some places, duty to stop at a scale.

That's just plain wrong.

If you are operating a commercial vehicle (in the 49 CFR sense of the phrase) then you MUST abide by all HOS laws and everything else that pertains to that size vehicle including weights and dimensions, medical requirements, licensing, etc.


A tractor-trailer, or just a tractor, is NOT a personal use vehicle under any circumstances no matter what it's being used for.