Unattended motor vehicle law and remote start feature (NYS)

[Wyntyr]

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

Apologies for the double-post, as the original thread is unreadable. I tried to edit some of the wording, and it became an "invalid post". Mods, feel free to delete the original one.

I'm curious about whether or not the following law applies to cars that are equipped with a remote start feature. I have never heard of anybody being ticketed for using said feature but I have found some interesting and conflicting sources.

N.Y. VAT. LAW § 1210 : NY Code - Section 1210: Unattended motor vehicle
(a) No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle, and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway, provided, however, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency.

(b) A driver may, for the purpose of getting away from the place of standing, move another vehicle which is so placed he cannot get his vehicle out; provided, however, that immediately thereafter he shall reset the brake and, if on a grade, turn the front wheels to the curb or side of the highway. This privilege is subject to the limitation set forth in subdivision (e) of section twelve hundred two.

(c) Towing agencies, which remove vehicles unlawfully parked on private property at request of the owner of the premises and without the written consent of the owner of the vehicle, shall immediately notify the local police station house having jurisdiction over the area where such vehicle was unlawfully parked, of the description of the car which was removed, and the time of removal.

First of all, there's this article about people leaving their cars running to warm them up: http://news10.com/2013/11/26/leaving-cars-to-warm-up-in-the-winter-could-lead-to-a-ticket/

There is an exception to the the law, however. If a remote control starter is installed in a vehicle and is used, it is not a violation because a key is not in the ignition.

Then there's this case, which is not about a car with a remote start feature but a reference is made to said feature. http://law.justia.com/cases/new-york/other-courts/2014/2014-ny-slip-op-50584-u.html

The Court believes whether or not the keys were in the ignition is academic as VTL Section 1210 requires the driver or person in charge of the motor vehicle not to permit it to stand unattended without doing at least four things: Stop the engine; Lock the ignition; remove the key from the vehicle and Set the brake. The Defendant did not stop the engine or lock the ignition. This Court also believes that VTL Section 1210, perhaps not in this case, but in future cases, has not caught up with the technology of science. Many of our cars today start remotely with no keys in the ignition, start by push button, or even voice recognition. The Legislative intent for this Statute and its corresponding civil liability was to prevent automobiles from being stolen and then being involved in automobile accidents causing personal injury and property damage. The Legislature should review and revisit this section of law and rethink the necessity of keys.

This Court holds however, that the parking lot at the Crosby Convenient Store/Gas Station is a public highway and §1210(a) is applicable. Accordingly, the Court finds the Defendant GUILTY of violating that Section and imposes a fine of $107.00 with a $93.00 surcharge. The Defendant shall have thirty (30) days in which to pay the $200.00.

I have still not found anything pertaining to a ticket being issued due to the specific function.

 

[PaulMass]

The law is very specific about what actions you must take prior to leaving the vehicle unattended. That specific wording does not cover remotely starting the car AFTER you have taken the four proper steps.

This law does not prohibit using a remote starter, since the car is already unattended when it starts.

The case you cited also seems to indicate that using a remote starter would not violate the legislative intent of the law, since cars that have been started with remote starters generally cannot be driven until a key is inserted.

 

[HighwayMan]

I have still not found anything pertaining to a ticket being issued due to the specific function.

You cannot search through every traffic ticket and parking ticket written in the state to look for a specific charge. Even if you found a ticket written for that charge you would have no way of knowing the facts and circumstances.

It seems as though the circumstances that you describe would violate 1210(a). Whether an enforcer would write that for using a remote start is doubtful but it could happen.

 

[OHRoadwarrior]

If you cannot find case law, forge it in court. Expect to prove as I mentioned that one could not break the window, enter the vehicle, crack the steering column and release the steering lock and shifter.

 

[Wyntyr]

It's my understanding that a car running due to a remote start feature is no easier to steal than a car that is not. A car thief would still have to take the same steps as the feature is designed to shut off when the door is opened or tampered with.

Technically, a ton of people break this law by not using the parking brake. It seems like it was written for cars with manual transmissions in which you always have to use the parking brake.

 

[FlyingRon]

Even if you were already inside the car you can't drive it with the engine started with remote start. You can't move the transmission from Park unless you have the key fob in the car.