Wrongfully issued parking violation for no standing, please help.

[Proserpina]

Thankfully, it appears obvious that the OP is wise enough to ignore dillon's ramblings.

Things are good.

 

[davew128]

think about that, LOL

Did I say you could speak to me? No? Then shut your piehole and think about THAT. LOL.

 

[davew128]

Michigan commercial vehicles abiding by Michigan Motor Vehicle Laws can be cited for standing at such zones in NY whereas NY commercial vehicles won't be.

I don't think it's fair but what can you do.

It's not fair and clearly unconstitutional, but the cost of fighting it successfully is prohibitive.

 

[Dillon]

Thankfully, its obvious that the OP is wise enough to ignore your opinions, Proserpina.

YOU DONT IGNORE MY POSTING, OBVIOUSLY.

DONT CURSE THE DARKNESS Proserpina, JUST SHARE THE LIGHT OF YOUR INSIGHT ON THE OP's ISSUE,

THANKS

 

[Dillon]

Did I say you could speak to me? No?

Just share your information and let the OP decide for himself.

its my understanding, What i have posted on this matter is correct, thanks

 

[Dillon]

It's not fair and clearly unconstitutional, but the cost of fighting it successfully is prohibitive.

Fear not, check out this page:

http://www.newyorkparkingticket.com/beat-your-ticket/

-------

 

[HighwayMan]

The poster already said it was a truck. The note on the citation said "not a commercial vehicle" so I explained why his truck was not considered by NYC to be a commercial vehicle.

Here is what NYC deems to be a truck:

vehicle or combination of vehicles designed for the transportation of property that has the following characteristics:
two axles and six tires, or;
three or more axles​

I know and I said to ignore that and just take it as information.

Anyway, if the van does not meet the definition of a truck it cannot load or unload there.

The OP never answered my question about what was going on at the time the ticket was issued. Standing there is only permitted if there is active loading/unloading.

The comment on the notice of violation stated that the vehicle was not commercial. The van must meet the NYC definition for a commercial vehicle.

I find it very strange that a restaurant owner would drive a van from Michigan to New York and back just to pick up restaurant supplies. I would think that would be cost prohibitive. Maybe the uncle needs to find a local supplier.

 

[HighwayMan]

If he has to follow NY law regarding commercial vehicles, then wouldn't he have to follow NY law regarding 2 license plates?

What about seat belts? If your state does not require their use you can still get a summons in New York if you don't use one.

The issue is also an intra-state one. New York State does not require commercial vehicles to be marked. New York City DOES. A commercial vehicle
from Nassau, Suffolk, Westchester, etc operating in NYC must be marked in accordance with NYC laws. "I didn't know" is not an excuse for things like that.

Since NYC is a city with a population in excess of one million, it has the legal authority to promulgate it's own traffic laws, and these are embodied in the New York City Traffic Rules and New York City Administrative Code.

 

[romeo0o]

I know and I said to ignore that and just take it as information.

Anyway, if the van does not meet the definition of a truck it cannot load or unload there.

The OP never answered my question about what was going on at the time the ticket was issued. Standing there is only permitted if there is active loading/unloading.

The comment on the notice of violation stated that the vehicle was not commercial. The van must meet the NYC definition for a commercial vehicle.

I find it very strange that a restaurant owner would drive a van from Michigan to New York and back just to pick up restaurant supplies. I would think that would be cost prohibitive. Maybe the uncle needs to find a local supplier.

My uncle was in the car and my father was loading supplies in the van.

My uncle drives down here because he has family in NY. He would be getting his needed supplies and at the same time visiting family.

He's from Saginaw, MI where oriental supplies are rare. If there is one, prices are jacked up.

He's going back soon so he will be appealing the ticket tomorrow. What he has is his policy explaining his vehicle's commercial standing and receipts from purchases that day at ticketed location.

I had told them they don't have solid evidence yet to fight the case. But they feel it's unjust and will explain their part to the judge, exactly what I've shared with you guys. The guy even had his tax forms regarding the business at hand faxed over to show the judge.

If he'd just made sure his business name and address was affixed to the vehicle and snapped a picture for the judge....

Will update.

 

[davew128]

What about seat belts? If your state does not require their use you can still get a summons in New York if you don't use one.

Invalid analogy. How you drive in a state on the road has nothing to do with meeting requirements for legally being on the road for the vehicle.

 

[romeo0o]

Well, seems like registration expiration wasn't written out on the ticket and that stands for a dismissal.

Straight up brought the license plate to the judge.

Thanks guys.

 

[HighwayMan]

Are you saying it's dismissed already?

 

[HighwayMan]

Invalid analogy. How you drive in a state on the road has nothing to do with meeting requirements for legally being on the road for the vehicle.

No, but violating either will get you a summons.

 

[davew128]

No, but violating either will get you a summons.

And if the vehicle meets the requirements of the state it is garaged and registered in, the ticket should be dismissed.

 

[HighwayMan]

Not necessarily and certainly not if the equipment is illegal in New York.