§ 4-08 Parking, Stopping, Standing.
RCNY § 4-08
(a)General provisions.
(1)Compliance with rules. No person shall stop, stand or park a vehicle, whether attended or unattended, other than in accordance with authorized signs, pavement markings, or other traffic control devices, unless necessary to avoid conflict with other traffic or in compliance with law or direction of any law enforcement officer or other person authorized to enforce these rules.
(i)Sign placement. For purposes of this 34 RCNY § 4-08, one authorized regulatory sign anywhere on a block, which is the area of sidewalk between one intersection and the next, shall be sufficient notice of the restriction(s) in effect on that block.
(ii)Pedicabs. No person shall park, stand, or stop a pedicab where a person is prohibited from parking, standing or stopping a vehicle in accordance with these rules.
(2)Stopping prohibited. When stopping is prohibited by signs or rules, no person shall stop, stand or park a vehicle, whether attended or unattended.
(3)Standing prohibited. When standing is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while actually engaged in expeditiously receiving or discharging passengers.
(4)Parking prohibited. When parking is prohibited by signs or rules, no person shall stop a vehicle, attended or unattended, except temporarily for the purpose of and while expeditiously receiving or discharging passengers or loading of unloading property to or from the curb.
(5)Vehicles prohibited on berms and shoulders. Stopping, parking or operating a motor vehicle is prohibited on the berm or shoulder adjacent to a parkway or a highway as specified in 34 RCNY § 4-07(i), except for emergency purposes.
(6)Paper or other temporary signs. Any paper or other temporary signs posted by authorized agencies shall supersede all existing posted rules for the days and times specified.
(7)Holiday suspensions of parking rules.
(iii)Street cleaning rules suspended. (A) Street cleaning parking rules are suspended on the days listed in subparagraph (i) of this paragraph, and on the following holidays: Yom Kippur, Rosh Hashanah, Ash Wednesday, Holy Thursday, Good Friday, Ascension Thursday, Feast of the Assumption, Feast of All Saints, Feast of the Immaculate Conception, first two days of Succoth, Shemini Atzereth, Simchas Torah, Shavuot, Purim, Orthodox Holy Thursday, Orthodox Good Friday, first two and last two days of Passover, Idul-Fitr, Idul-Adha, Asian Lunar New Year, on all state and national holidays, on the following additional legal holidays: Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, President's Day, Columbus Day – observed, Election Day, and Veteran's Day, and on such other days as announced by the Commissioner or his/her designee. (B) For the purposes of this subparagraph (iii), street cleaning parking rules shall mean those rules (a) on posted signs consisting of the letter "P" with a broom through it or (b) except as otherwise provided in item (D) of this subparagraph, on posted signs containing "No Parking" rules restricting parking on one day per week or on alternate days. (C) "No Parking" street cleaning rules, located in parking meter zones, are suspended on the days on which street cleaning rules are suspended and on such other days as announced by the Commissioner or his/her designee. Suspension of street cleaning rules does not affect the requirement of activating the meter during the hours that such meter is in effect. (D) Posted signs restricting parking for a period of six or more consecutive hours on one day per week or on alternate days are not street cleaning parking rules. However, such restrictions are suspended on the days that street cleaning rules are suspended.
(8)Disabled vehicles. A vehicle that becomes disabled must be pushed to the side of the road so that it obstructs traffic as little as possible, and must be removed expeditiously.
(9)Immobilization and towing of illegally parked vehicles.
(iv)Applicable rules. Where a vehicle has been both immobilized and towed, the owner shall be subject to both the immobilization requirements of this paragraph, and all applicable provisions of these rules.
(v)Right to immediate hearing. The registrant, title holder or operator of any vehicle that has been immobilized shall have the right to an immediate hearing during regular business hours at the Parking Violations Bureau in relation to the immobilization.
(vi)Removal fee. The fee for removal of illegally parked vehicles to a tow pound shall be determined in accordance with the following fee schedule. Said fee shall be payable before such vehicles are released. (A) The removal fee for Regular Towing shall be $185.00 and shall apply to any vehicle that has a gross vehicle weight less than 6,500 pounds, that may be towed through the use of a single tow truck not weighing more than eight tons. (B) The removal fee for Heavy Duty Towing shall be $370.00 and shall apply to any vehicle that has a gross vehicle weight of 6,500 pounds or greater, and/or requires either more than one tow truck or a single tow truck which weighs in excess of eight tons, in order to be towed.
(vii)Storage fee. In addition to the removal fee set forth in subparagraph (vi) of this paragraph (9), there shall be a storage fee of $20.00 for each day such vehicle remains in the possession of the city, up to and including the day such vehicle is released. Said fee shall be payable before such vehicle is released.
(viii)Vehicles not removed considered abandoned. Any vehicle which is not removed from city property within 10 days following the mailing of a request to remove it shall be deemed to be an abandoned vehicle pursuant to paragraph (d) of subdivision 1 of § 1224 of the Vehicle and Traffic Law and shall be disposed of by the Commissioner pursuant to such law. Such request shall be sent by certified or registered mail, return receipt requested, to the registered owner of the vehicle, at the address contained on the registration of such vehicle.
(ix)Release of vehicle in process of being removed. When a vehicle has been hooked to a tow truck in preparation for removal to a pound but the owner or other person lawfully entitled to possession of such vehicle appears and requests the release of such vehicle before the tow truck is in motion, such vehicle shall be unhooked and released, provided, however, that the person to whom such vehicle is released must execute a binding agreement consenting to pay the vehicle release penalty as set forth in subparagraph (x) of this paragraph (9) within thirty days from the date of such agreement and, in the event of non-payment, to the imposition of additional penalties in accordance with subparagraph (xi) of this paragraph (9); and provided further that such person present a current valid driver's license and either registration for the vehicle, title to the vehicle, insurance identification and keys for the vehicle, a rental agreement and keys for the vehicle in case of a rental vehicle, or company identification and keys for the vehicle in the case of a commercial vehicle.
(x)Vehicle release penalty. The penalty for the release of an illegally parked vehicle under the circumstances permitted by subparagraph (ix) of this paragraph (9) shall be $100.00 for illegally parked vehicles which meet the criteria contained in subparagraph (vi)(A) of this paragraph (9), and $200.00 for illegally parked vehicles which meet the criteria listed in subparagraph (vi)(B) of this paragraph (9). This fee is in addition to any other monetary fine(s) and penalty(ies) permitted by law for the underlying parking violation(s); provided, however, that in no event shall a vehicle release penalty be imposed if the underlying parking violation or, in the case of multiple parking violations, all underlying parking violations, is (are) dismissed by the Parking Violations Bureau.
(xi)Non-payment of vehicle release penalty. The Parking Violations Bureau may, in accordance with law, prescribe additional penalties for non-payment of the vehicle release penalty set forth in subparagraph (x) of this paragraph (9) and enter and enforce default judgements for such vehicle release penalty and additional penalties.
(10)Restricted area. The Parking Violations Bureau shall be authorized to establish a separate fine schedule for violations committed in the restricted area, as defined herein. Such fine schedule may be higher than the fine schedule for violations committed outside the restricted area. As used herein, restricted area shall mean all of Manhattan, south from the north building line on 96th Street but excluding all of Central Park.
(11)Emergency Food Delivery Program. Notwithstanding any other provision of these rules, the operator and owner of a vehicle designated by the City of New York and engaged in delivering free meals to a recipient of food pursuant to the emergency food delivery program established in Title 72 of the Rules of the City of New York* shall be exempt from the parking and standing rules of this section while such operator is actually performing a delivery in such program, not to exceed 20 minutes. It shall be an affirmative defense to any summons issued for violation of such rules that the operator of the vehicle to which such summons was issued was engaged in the activity described in this paragraph, upon presentation by such operator of proof of such activity issued by the City of New York, and that such vehicle, at the time of the issuance of such summons, was parked or standing for 20 minutes or less. * Editor's note: Subsection e. of 72 RCNY § 1-01 provided: "The program provided for in this section will terminate at the end of the COVID-19 public health emergency, as determined by Order of the Mayor, or on such other date as determined by the Commissioner of Emergency Management or such other person as may be designated to succeed such Commissioner in managing the program provided for in this section". Executive Order 126, declaring the public health emergency, ended on June 20, 2023.
(b)Violation of posted no stopping rules prohibited. When official signs, markings or traffic-control devices have been posted prohibiting, restricting or limiting the stopping of vehicles, no person shall stop, stand or park any vehicle in violation of the restrictions posted on such signs, markings or traffic-control devices.
(c)Violation of posted no standing rules prohibited. When official signs, markings or traffic-control devices have been posted prohibiting, restricting or limiting the standing of vehicles, no person shall stand or park any vehicle in violation of the restrictions posted on such signs, markings or traffic-control devices, except as otherwise provided herein: (1) Taxi stand. No person shall stand or park a vehicle other than a taxi in a taxi stand when any such stand has been officially designated and appropriately posted except that the operator of a vehicle may only temporarily stand therein for the purpose of expeditiously receiving and discharging passengers provided such standing does not interfere with any taxi about to enter or leave such zone.
(d)Violation of posted no parking rules prohibited. When official signs, markings or traffic control devices have been posted prohibiting, restricting or limiting the parking of vehicles, no person shall park any vehicle in violation of the restrictions posted on such signs, markings or traffic control devices, except as otherwise provided herein: (1) Street cleaning. No person shall park a vehicle in violation of officially posted street cleaning rules, as defined in subsection (a)(7)(ii) of these rules, unless such rules have been suspended by the Commissioner or his/her designee pursuant to subsection (a)(7) of these rules.
(e)General no stopping zones (stopping, standing and parking prohibited in specified places). No person shall stop, stand, or park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer, or as otherwise provided in this subdivision: (1) Traffic lanes. In any lane intended for the free movement of vehicles, except a lane immediately adjacent to the curb, unless such lane is designated by signs as a traffic lane, and except as otherwise provided in subdivision (f), paragraph (1) below. In no instance shall a vehicle extend more than 8 feet from the nearest curb.
(12)Obstructing traffic at intersection. When vehicular traffic is stopped on the opposite side of an intersection, no person shall drive a vehicle into such intersection, except when making a turn, unless there is adequate space on the opposite side of the intersection to accommodate the vehicle the person is driving, notwithstanding the indication of a traffic control signal which would permit the person to proceed.
(f)General no standing zones (standing and parking prohibited in specified places). No person shall stand or park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer: (1) Double parking. On the roadway side of a vehicle stopped, standing, or parked at the curb, except a person may stand a commercial vehicle alongside a vehicle parked at the curb at such locations and during such hours that stopping, standing, or parking is not prohibited, for no more than 20 minutes, while actively engaged in loading or unloading goods, tools, materials, or other items for the purpose of making pickups, deliveries or service calls, provided that there is no unoccupied parking space or designated loading zone on the same side of the street within the same block that can be used for such standing, and provided further that such standing is in compliance with the provisions of §1102 of the State Vehicle and Traffic Law. A person may stand a commercial vehicle along the roadway side of a bicycle lane provided all other conditions of this paragraph are met. No person shall double park a commercial vehicle when it blocks the only lane of travel in the same direction. No person shall stand, stop or park a vehicle on a street at any time in such a manner or under such conditions as to leave fewer than 10 feet of roadway width available for the free movement of vehicular traffic. No person may stand a commercial vehicle in or along the roadway side of a bus lane, unless otherwise indicated by posted signs, markings or other traffic control devices, or at the direction of a law enforcement officer or other person authorized to enforce this rule.
(g)General no parking zones (parking prohibited in certain places). No person shall park a vehicle in any of the following places, unless otherwise indicated by posted signs, markings or other traffic control devices: (1) Emergency sites. Within a block where emergency work is in progress, except that the operator of any vehicle on official public business related to the emergency may park such vehicle at such sites.
(h)On-street and off-street metered zones.
(j)Standing or parking vehicles that violate registration and inspection rules are covered or have the VIN obscured.
(k)Special rules for commercial vehicles.
(l)Midtown and other special zones.
(m)Additional parking rules.
(n)Special restrictions on parking.
(o)Permits. For purposes of this section, a "permit" is the authorization granted by the Department to qualified individuals for special parking privileges as set forth in this subdivision. At the discretion of the Department, a permit may be represented by a permit card inscribed with information that describes the specific parking privileges it authorizes.
2.the permit is displayed on a vehicle other than the one described in the permit.
3.the permit displayed in the windshield of the vehicle is copied, altered, or displayed in a manner that obscures the locations to which it applies.
4.the permit displayed in the windshield of the vehicle or where applicable the permit affixed to the vehicle by the department or any agency authorized by the department is expired, suspended or revoked. (B) to display a fraudulent parking permit in the windshield of a vehicle and park in contravention of posted signs or written regulations. For the purposes of this section, a fraudulent parking permit may be a counterfeit of a Department-issued permit, resemble an official Department permit or contain language falsely purporting to authorize parking in areas restricted by posted signs or written regulations.
1.Bonds will be valid through the permit's term.
5.The permit bond must be submitted in the amount of $25,000 for the permit term. (H) Any additional maintenance responsibilities will be provided by the Department with a thirty-day notice to the permit holder. (I) Permit holders' maintenance responsibilities extend through the length of the permit for any carshare parking sites.
(xii)Temporary relocation or suspension of carshare parking sites. (A) The use of on-street carshare parking sites may be temporarily suspended for up to thirty business days due to construction or street repaving, or special events including but not limited to film shoots, street fairs, parades, or block parties. (B) When suspensions are expected to last longer than thirty business days, the Department may temporarily relocate the carshare parking site to a new, approved location within close proximity to the original carshare parking site. (C) The Department may remove or temporarily relocate a carshare parking site for reasons attributable to public safety or other emergency or temporary needs as it deems appropriate. (D) The permit holder will be responsible for moving the carshare vehicle from the carshare parking site under the circumstances identified in clauses (A), (B), and (C) of this subparagraph.
(xiii)Relocation of impermissibly parked vehicle. If a vehicle is impermissibly parked in an on-street carshare parking space, a CSO, at its sole cost and expense, may relocate the impermissibly parked vehicle to the nearest available lawful on-street parking space. (A) For the purposes of this subparagraph, an "impermissibly parked vehicle" means a vehicle located in an on-street carshare parking space, where the logo and name indicated on the sign does not bear the same logo and name as the vehicle or the vehicle has no logo or CSO affiliation. (B) If a CSO chooses to relocate impermissibly parked vehicles, it must establish a Department-approved means of relocating such vehicles and notifying owners of such vehicles where their vehicles have been relocated.
(xiv)Suspension, reassignment, and revocation of permits. (A) The Department may suspend or revoke a permit for failure to comply with any of the terms and conditions of the carshare parking permit, these rules, or other applicable laws or rules. (B) Prior to suspending or revoking a permit, the permit holder will be provided with an opportunity to be heard within ten business days. (C) If the Department revokes a permit, the permit holder must remove the carshare vehicle from the carshare parking space within 24 hours of revocation.
(xv)Data reporting requirements. (A) Each permit holder must provide monthly data to the Department within 10 business days of the end of the reporting month, containing, but not limited to the data described below and in a form that is prescribed by the Department. (B) The monthly data must include, but not be limited to, the following datasets and attributes: 1. Cleaning Summary (DOT Site ID, Cleaning Date, Cleaning Time) 2. Space Summary (DOT Site ID, DOT Space ID, Total hours active rental, total hours available for rental, total hours out-of-service/unoccupied, number of reported blockages, total trips, total unique users, average trip length, average trip duration) (C) The Department reserves the right to audit full trip data to ensure accuracy of space summary with 15 days' notice of request, except that the Department reserves the right to audit complete vehicle availability data specified in items (3) and (4) of this clause with 24 hours' notice of request. Data shall include, but not be limited to, the following datasets and attributes relating to the Trip Summary: 1. Unique Trip ID 2. DOT Site ID 3. DOT Space ID 4. Vehicle ID 5. Start Date 6. End Date 7. Start timestamp 8. End Timestamp 9. Mileage (D) The Department may require each permit holder to transmit data specified in items (C)(3) and (C)(4) of this subparagraph may be required to be transmitted to the Department in real time, through a live application programming interface (API) such as those described in the Mobility Data Specification v1.0.0 or later, or comparable platforms. (E) Each permit holder must also conduct an annual survey of its members, with input from the Department. (F) The Department will provide 30 days' notice of any new data reporting requirements.
(p)Engine idling.
