I have a feeling this story will make people happy.

City parking enforcement officers in Buffalo, NY (Erie County), who issue the orange- colored parking tickets we all hate to see when we get back to our parked car, have themselves been issued numerous New York traffic tickets recently.

Buffalo police officers have been issuing the parking enforcement officers vehicle and traffic tickets for failure to wear seat belts.  In other words, while patrolling for parking violations, they are committing moving violations.

Apparently this is payback by the police for a number of parking tickets on their privately owned vehicles when they park in restricted areas outside Police Headquarters.

It’s a legitimate ticket war.

The city corporation counsel’s office actually had to step in and issue a ruling that parking enforcers driving city vehicles are exempt from wearing seat belts.  They site NYS Vehicle and Traffic Law Sec. 1229-C(4) which exempts “authorized emergency vehicles” from the seat belt regulations.

In my opinion, this exemption does not apply to the parking enforcement vehicles.  The NYS VTL sets forth a number of vehicles which qualify as “emergency vehicles”.  The definition is pretty specific and goes as far as including police bicycles and sanitation patrol vehicles.  There is no mention at all of parking enforcement.

Hopefully they can keep issuing tickets to each other and forget about the rest of us.

If you’ve been issued an Erie County traffic ticket or other NY traffic violation, feel free to contact us anytime.

Submitted by Scott Feifer

Many New York traffic tickets are issued for Disobey Traffic Control Device and many people ask us what exactly constitues a “traffic control device”.

§ 153 of the VTL defines a traffic control device as follows:  All signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

§ 1110 of the VTL regulates obedience to traffic control devices.  This is the section of law that would be cited on a NY Disobey Traffic Control Device traffic ticket.  § 1110(a) reads as follows:   Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

Thus, if you fail to follow the directions indicated on any sign, or any traffic signal, or any marking written on the pavement, you are in danger of receiving a traffic ticket for Disobey Traffic Control Device.

In many ways, this section of law is a catch-all.  There are specific violations for red lights, green arrows, stop signs, speed signs, etc, yet in theory any one of these violations could be written under the general traffic control device section.

A traffic control device violation in New York carries 2 points.  It is often preferable to the more specific violations mentioned above because those generally carry 3 or more NY traffic ticket points.

This section the the NYS VTL is one of the most often cited on traffic tickets.  If you have been issued a traffic ticket for failing to obey a traffic control device, feel free to contact our New York traffic ticket attorneys for a free consultation.

Submitted by Scott Feifer

Coming soon…speed enforcement from space?

The UK is currently testing new technology that combines GPS from satellite with ground-based license plate reading.

Camera’s on the ground can read plate numbers in all weather conditions, 24 hours a day, are “low-cost” and are relatively easy to install.  GPS can then track that vehicle over long distances and measure the vechicle’s average speed.

We’re obviously a long way from this in New York and there are of course many questions to be asked before we could comment on how such enforcement would play out.  Still, interesting and worth keeping an eye on.

Submitted by Scott Feifer

Try to avoid drawing attention to your vehicle if you drive an NYC cab, unlike this driver whose cab burst into flames on 4.13.10

Taxi driver’s in NYC are sometimes unfairly targeted for tickets.  It’s not that they don’t commit their share of moving violations–it’s more that they tend to get singled out as easy targets on streets where many drivers, taxi or other, are committing the same violations.

Driving a cab in New York is not easy.  Our simple advice is to avoid drawing attention to your vehicle the best that you can.  Make sure your equipment is working, you use your signals, drive within the speedlimit, etc.  Essentially, obey the rules of the road and keep your license in good order/standing–the same advice we’d give to anyone.  There isn’t much more a driver can do.

New York City has designated certain major roadways “truck routes”.  If you are driving a truck in NYC, you must stay on these truck routes.  A truck can only be operated off truck routes in order to make a local delivery or pick up.

NYC truck routes are primarily relatively major roadways within the city.  The regulations are in place to protect residents from the noise and congestion caused by trucks driving on smaller city streets.  Trucks can only be driven on these smaller non-truck routes if necessary.

In New York City trucks and commercial vehicles are two distinct vehicle classifications. Determining the correct vehicle classification is important for properly operating a truck or commercial vehicle in the City, as rules and regulations can vary depending on classification.

• two axles and six tires, or;
• three or more axles

Truck route violations originally were zero point violations.  Today, these violations carry two points and the fines are relatively large to start and increase in large increments if a driver is a repeat offender.

If you are a truck driver in NYC, know the truck routes.  Download and review the 2010 NYC truck route map. Remain on these truck routes unless you must drive off the routes to make a pick up or delivery.  If you do veer off a truck route, make sure you have paperwork documenting the delivery or pick up in question. Without this paperwork, expect a summons if you are pulled over.