Dear Friends…THIS IS VERY IMPORTANT PIECE OF ADVICE..DON’T IGNORE IT.
Remember the ticket I got on the 18th of December for not being inside of my cab while cleaning birds drop on my rear windshield standing on a Taxi Stand..and I became furious and wrote a post accusing the ticket agents as Robbers legally employed by the City..? Here is an interesting update for the post.
Mr. Stevens, a very reputed lawyer who happened to serve as an Judge for New York City Parking Violation Bureau for 6 long years gave me a valuable piece of advice after reading the blog and he also wanted me to spread the words and how to fight the ticket. Here I am writing this post basically copying and pasting from his mail.. Once finished then I will put my own comments on this subject. Here it goes…
If you have not yet answered or paid the ticket I suggest you FIGHT it. Parking Judges, of which I was one for 6 years, have been told not to enforce this kind of ticket like the one she wrote. She is an idiot, as are many of the parking judges – unfortunately. The NYC Parking Rules state that no one other than a yellow cab may stand in a Taxi Stand. You have a yellow cab; therefore, you may stand there. There is no NYC Parking rule which requires that you be the first or second or any other cab in line. You should inform the Parking Judge that NYC Parking rules allow you to stand there. You should also inform the judge that the rule the agent cited is a TLC rule and the agent has no legal authority to write tickets for TLC regulations. You should also inform him or her that if the TLC gave you that violation it would be a $50 fine and for the PVB to fine you $115 for a TLC rule which would otherwise be a $50 fine, is unfair and illegal.
If you were to do one good thing for your fellow drivers, you would spread the word I have just written. I was constantly angered at the dumb agents who wrote these tickets as well as PVB management who refused to forcefully and fully inform both the ALJs and the NYC Traffic cops that the tickets were wrongly written.
You and your fellow cabbies should NEVER have to pay tickets written like the one you have cited.”
Now Mr. Steven also explained the rule under this ticket is written is called the 408(c)(2).
” Here is more information for you. Do yourself and your fellow cabbies a favor and write this down and distribute it to as many cabbies as you can. The law the agent cited, which is 408(c)(2) reads as follows:
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 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.
The same rules describe taxis as ONLY yellow cabs.
What this means is that I can stop my personal car in a taxi zone to drop off or pick up a passenger and then I have to leave. You, in your cab, may stand there.
You will note that there is nothing in that law which states you have to be the second or third cab. Yet, the idiot agent and some imbecile judges will enforce that unlawful notion.
On the other hand, I am sure there are TLC rules which require you to be with the cab if you are the first one, or something like that. So, you ought to be able to take your chances that a TLC cop doesn’t give you a ticket, but you shouldn’t have to worry about Traffic Agents giving you one.
You can go online to the NYC DOT and print copies of all the traffic laws and you should point out the law to the judge when you go to get the ticket dismissed.”
So there you go my friends…You can not get a ticket from Traffic agent or Police while not being inside your cab in a taxi stand. It is illegal to give you a ticket under this 408(c)(2) rule. Only TLC agent have the right to issue you a ticket for Taxi Stand related matter. But please keep an eye on your car if you really have to step out to go to bathroom or buy a soda or a sandwich. Don’t get a ticket. it is easier that way.
I am deeply humbled by Mr. Steven’s explanation and help. I am grateful that he took out a long time to write this explanation from his busy schedule and I have no words to thank him. I wish he will be with me to help you out. This is a new blog but I can assure you my friends this blog will become a very big and influential site for you to get any kinds of information and help. Thank you very much for reading this blog. This is a big job but with the help of individual like Mr. Steven, we will be the Voice of the Drivers in very near future. Good luck and Good night.