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NY Parking Violation: obstructing a driveway

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editroom1

Junior Member
New York city
I got a parking violation for obstructing a driveway code 98 subsection f2. The Traffic Rule pdf defines a Driveway as " every entrance or exit authorized pursuant to applicable law and USED BY VEHICULAR TRAFFIC to or from lands or buildings abutting a roadway" The problem I have with this ticket is that there is no garage or parking at the end of said driveway, there is a pedestrian gate that leads to the side of the building, that gate, and the alley on the other side of that gate is not wide enough for a VEHICLE to drive thru. So i would think it does not meet the criteria for a legal driveway because it can NOT be used for VEHICLES. There used to be a different building where the driveway curb indents are, but the new construction put a pedestrian access gate in front of the driveway curb indents are which is not large enough for a car to drive thru. The building owners nailed a sign on the gate reading "active driveway no parking" but a vehicle can not fit thru the gate its nailed on. I suspect they want to save the parking space for themselves.If i take pictures of the so called "driveway" and gate and submit it as my visual defense on their online dispute site do i have a chance of winning? Thank you.
 


Zigner

Senior Member, Non-Attorney
New York city
I got a parking violation for obstructing a driveway code 98 subsection f2. The Traffic Rule pdf defines a Driveway as " every entrance or exit authorized pursuant to applicable law and USED BY VEHICULAR TRAFFIC to or from lands or buildings abutting a roadway" The problem I have with this ticket is that there is no garage or parking at the end of said driveway, there is a pedestrian gate that leads to the side of the building, that gate, and the alley on the other side of that gate is not wide enough for a VEHICLE to drive thru. So i would think it does not meet the criteria for a legal driveway because it can NOT be used for VEHICLES. There used to be a different building where the driveway curb indents are, but the new construction put a pedestrian access gate in front of the driveway curb indents are which is not large enough for a car to drive thru. The building owners nailed a sign on the gate reading "active driveway no parking" but a vehicle can not fit thru the gate its nailed on. I suspect they want to save the parking space for themselves.If i take pictures of the so called "driveway" and gate and submit it as my visual defense on their online dispute site do i have a chance of winning? Thank you.
Can a motorcycle get through?
 

Bali Hai

Senior Member
Not at this place, and it they did ride past the gate theyd run over children playing on the swings....its an old curb indent from the previous building that was there...
Not if they were careful.

You do understand that money collected daily from parking violations in the city of NY is a huge number? Pay the $70 bucks and consider yourself patriotic.
 

editroom1

Junior Member
Not if they were careful.

You do understand that money collected daily from parking violations in the city of NY is a huge number? Pay the $70 bucks and consider yourself patriotic.
$95...its just the principle. If it were a LEGITIMATE driveway i wouldnt question it, but it clearly is not, the gateway is about 4-5' wide. Parking is at a premium in the city and theyre clearly trying to steal a space for themselves. :mad:
 

Zigner

Senior Member, Non-Attorney
$95...its just the principle. If it were a LEGITIMATE driveway i wouldnt question it, but it clearly is not, the gateway is about 4-5' wide. Parking is at a premium in the city and theyre clearly trying to steal a space for themselves. :mad:
Personally, my time is worth more than that, but hey, whatever floats your boat!
 

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