Wrongfully issued parking violation for no standing, please help.

[romeo0o]

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

This is the second time my uncle has been cited. He didn't want headaches so he paid it the first time. He doesn't want to be taken advantage of a second time.

Violation is as follows: No Std ex trk load/unload (k)(2) DAYS/HRS: EXCEPT Su/8A-6P

Complainant's comments: Not Commercial Vehicle.

First of all, the vehicle is out of state, Michigan and has commercial plates. It doesn't say "commercial vehicle" like NYS plates do but it is in a format different from Michigan passenger plates because it is commercial. He comes to the city to purchase items for his business. I am not sure what document is needed to show the vehicle is commercial. The numbers of the plate itself should be good.

Thank you for the help.

 

[FlyingRon]

For the purposes of parking, standing and stopping rules, a vehicle shall not be deemed a commercial vehicle or a truck unless:

it bears commercial plates, and;
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
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.
​

He can expect to continue to get ticketed when he stands illegally like that.

 

[romeo0o]

Thanks Ron. He fits the first 2 criteria but doesn't have name and address affixed to both sides.

Is that for New York or Michigan?

He said he was told Michigan doesn't require name and address to be affixed onto vehicle.

Where can I find Michigan regulations pertaining to this?

 

[FlyingRon]

New York City specifically.

 

[HighwayMan]

The violation was issued because there was no active loading or unloading observed by the traffic agent or police officer. Your uncle was NOT cited for parking in a commercial metered parking zone, it was cited for parking in a truck loading/unloading zone.

I just read the issuer's comments on the ticket so take the above as information only. Apparently the issue was the "commercial vehicle" part.

With all due respect to Ron, the vehicle must also be a truck - commercial plates alone do not make a vehicle a truck. Even if the vehicle was marked, had no seats, etc. it must still be a truck.

So what type of vehicle is it and what was going on at the vehicle when the violation was issued?

 

[HighwayMan]

He said he was told Michigan doesn't require name and address to be affixed onto vehicle.

New York City does. If he wants to do business here then he must follow the New York City Traffic Rules and Administrative Code.

The owner or registrant's name and address must be marked on both sides of the vehicle in lettering at least 3 inches in height, marked in a contrasting color and permanently affixed, i.e. magnetic signs do not count.

New York State also requires a DOT number on both sides if the commercial vehicle is in excess of 10,000 GVWR.

Where can I find Michigan regulations pertaining to this?

Your uncle should contact his local DMV.

Michigan rules/laws do NOT apply in New York State.


The New York City DOT website and the New York State DOT website are valuable resources for persons operating trucks in the city and state.

 

[Dillon]

For the purposes of parking, standing and stopping rules, a vehicle shall not be deemed a commercial vehicle or a truck unless:

it bears commercial plates, and;
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
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.
​

He can expect to continue to get ticketed when he stands illegally like that.

its not how the vehicle is deemed that matters, its how its used, U think? (used as equipment or enjoyed as personal goods)

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your honor, its my understanding, the vehicle being deemed commercial or non-commercial was an arbitrary guess by the officer, and No facts were stated by the plaintiff under oath with personal first hand knowledge on the court record to prove the vehicle was not being used in commerce or as commercial equipment ?

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Definition of DEEM

transitive verb
: to come to think or judge : consider

intransitive verb
: to have an opinion : believe, imagine

Origin of DEEM

Middle English demen, from Old English dēman; akin to Old High German tuomen to judge, Old English dōm doom
First Known Use: before 12th century


Synonyms: allow, conceive, consider, believe, esteem, feel, figure, guess, hold, imagine, judge, reckon, suppose, think

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[CdwJava]

Dillon, the code spells out what is "deemed" a commercial vehicle or not. Since there are criteria listed, it does not appear to be arbitrary. It either possesses the listed criteria, or it does not.

 

[Dillon]

Dillon, the code spells out what is "guessed" a commercial vehicle or not. Since there are criteria listed, it does not appear to be arbitrary.

the english word deemed mean imagine, believe, think or ones best guess ?

where is the legal term deemed defined in the code, i will use the english dictionary,

thanks

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appear huh, dont judge a book by its cover, u think?

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[CdwJava]

the english word deemed mean imagine, believe, think or ones best guess ?

where is the legal term deemed defined in the code, i will use the english dictionary,

thanks

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appear huh, dont judge a book by its cover, u think?

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The law will utilize the definitions included in the statute. The statutes described what would be "deemed" to be commercial or not. Seems pretty clear to me. Attempting to obfuscate the issue with definition meanings would be pointless.

Fortunately, I doubt the OP will try and take such a tack.

 

[Dillon]

The law will utilize the definitions included in the statute. The statutes described what would be "deemed" to be commercial or not. Seems pretty clear to me. Attempting to obfuscate the issue with definition meanings would be pointless.

if the statute doesnt define the word deemed, the court will have to use the english dictionary, sorry dude.

 

[Isis1]

if the statute doesnt define deemed, the court will have to use the english dictionary, sorry dude.

oh good grief man! your time would be better spent using your hands on yourself than on a keyboard. seriously.

 

[CdwJava]

if the statute doesnt define deemed, the court will have to use the english dictionary, sorry dude.

Really? Really?

I'm having flashbacks to Clinton and the definition of "is" and "sex" ... sorry, Dillon, but the court is NOT going to play that game. Fortunately, I suspect the OP has enough sense NOT to try and play word games with the court should it get to that level.

 

[Isis1]

Really? Really?

I'm having flashbacks to Clinton and the definition of "is" and "sex" ... sorry, Dillon, but the court is NOT going to play that game. Fortunately, I suspect the OP has enough sense NOT to try and play word games with the court should it get to that level.

and you owe me a glass of wine now.

 

[Dillon]

and you owe me a glass of wine now.

could you please post the definition of deemed as it appears in the code,

thanks