dslreports logo
 
    All Forums Hot Topics Gallery
spc
Search similar:


uniqs
4414
romian98
join:2014-03-20
Bronx, NY

romian98

Member

NYC Driveway

I share a driveway with a neighbor 50/50. Being that the path to my/our backyard(s) is pretty tight, neither of us actively uses the driveway to access the backyard with our vehicles. Naturally, people park in the space that would be the entrance to our driveway. Do we have a claim to that space? Is it legal for people to park on the street in front of would would-be entrance? Although we do not use the driveway actively, we would like to be able to park in our own space (on the street).

Any thoughts would be great.

M

Poorfellow
join:2008-03-16
Taco Town

Poorfellow

Member

If the entrance to your driveway is designated as such, then you do have cause to request action. 311 can point you in the best direction.

PhoenixDown
FIOS is Awesome
Premium Member
join:2003-06-08
Fresh Meadows, NY

PhoenixDown to romian98

Premium Member

to romian98
Push 311 and they will tow the car, ... having your car ready to enter the driveway makes a compelling argument. Once a few cars get towed, others will get the hint
romian98
join:2014-03-20
Bronx, NY

romian98 to Poorfellow

Member

to Poorfellow
Poorfellow, do you mean designated by me or the city? Currently, there aren't any markings whatsoever. I was planning on putting a "no parking" sign on my fence which is located about eight feet from the curb. Is this what you mean. If so, on what basis? Where does it say that I have grounds? Just picking your brain. I intend to contact 311.
romian98

romian98 to PhoenixDown

Member

to PhoenixDown
Phoenix, truth is that we do not use the driveway. I would really like to know if it makes a difference that the driveway is technically inactive (car-wise).

PoloDude
Premium Member
join:2006-03-29
Aiken, SC

2 recommendations

PoloDude to romian98

Premium Member

to romian98
It shouldn't matter if the driveway is active or not. It's a driveway.
»www.newyorkparkingticket ··· ead-this
The NYC driveway rule
"(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:

(2)Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to him/her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in ยง4-01(b) of these rules."
romian98
join:2014-03-20
Bronx, NY

romian98

Member

Thanks polodude!

Thinkdiff
MVM,
join:2001-08-07
Bronx, NY

Thinkdiff

MVM,

Just curious - how well do you know your neighbors or they know your car? Is it just random people using the spot or people that live nearby? Maybe you could talk to them about it first.

I would just fear what will happen when they get their car towed and see your car sitting in the same spot.

MuDvAyNe
Premium Member
join:2002-03-02
Brooklyn, NY

MuDvAyNe to romian98

Premium Member

to romian98
Does the curb slope down? If not I do not believe it is considered to be a driveway but I may be wrong..

whizkid3
MVM
join:2002-02-21
Queens, NY

whizkid3

MVM

said by MuDvAyNe:

Does the curb slope down? If not I do not believe it is considered to be a driveway

Its not really that hard to recognize what a driveway is.

MuDvAyNe
Premium Member
join:2002-03-02
Brooklyn, NY

MuDvAyNe

Premium Member

I've seen many small looking driveways where the curb doesn't slope down and cars are parked in front of it. Like he stated you can't fit a car so is it really a driveway.

whizkid3
MVM
join:2002-02-21
Queens, NY

whizkid3

MVM

The city has requirements for the construction of curbs & curb-cuts. The 'sloping portion' is called a splay. The splay is supposed to be 1'6" long for residential driveways. You can find details here:

»www.nyc.gov/html/ddc/dow ··· 0701.pdf

Obviously in a city this large and old, you will find all sorts of variations. Some driveways are narrow. Other curb cuts are for pedestrian ramps. If there is a legal curb cut, you can't park in front of it - unless you are permitted by the property owner - or you risk getting ticketed and towed.

The OP did not say you can fit a car in it; and never questioned 'whether it is a driveway'. From his post, it's very clear that it's a driveway. His question was answered - yes, he and his neighbor can park in front of the driveway.

Pirate515
Premium Member
join:2001-01-22
Brooklyn, NY

Pirate515 to PhoenixDown

Premium Member

to PhoenixDown
said by PhoenixDown:

Push 311 and they will tow the car ... having your car ready to enter the driveway makes a compelling argument. Once a few cars get towed, others will get the hint

I don't think the city government itself will tow the car; you have to pick any towing company of your choice; they will not charge you, the car owner will have to pay them towing/storage fees before they will give the car back to them. 311 might suggest a few tow companies in your area, but by no means you have to go with them; if you have a better one in mind, you are more than welcome to use it. However, I think you will also have to call the police so that they can document where the car was towed. That way, when original owner comes looking for it, they will look up their plate number and direct them to the tow yard.

whizkid3
MVM
join:2002-02-21
Queens, NY

1 recommendation

whizkid3 to romian98

MVM

to romian98
The City's procedure for having the car towed can be found here:

»www1.nyc.gov/nyc-resourc ··· omplaint

It seems that you have to file a complaint with 311 or the police first; then a police officer must ticket the vehicle; then you can have it towed by calling a tow company.

Straphanger
Express is Back
Mod
join:2001-12-08
Whitestone, NY

Straphanger to Pirate515

Mod

to Pirate515
I thought it was the tow company's job to report that they towed a ticketed car.

And I believe the city does offer to tow the car the next time a department tow truck is in the area. But that could be a while so you're better off calling a private tower.

AVD
Respice, Adspice, Prospice
Premium Member
join:2003-02-06
Onion, NJ

AVD to romian98

Premium Member

to romian98
do you have a legal drop curb?
Do you have a garage to park the car?
AVD

AVD to whizkid3

Premium Member

to whizkid3
said by whizkid3:

The city has requirements for the construction of curbs & curb-cuts.

It also has permitting requirements, only the DOB can designate a drop curb.
said by whizkid3:

His question was answered - yes, he and his neighbor can park in front of the driveway.

legally no, no one can block a driveway, not even the owner.

whizkid3
MVM
join:2002-02-21
Queens, NY

2 edits

whizkid3

MVM

said by AVD:

It also has permitting requirements, only the DOB can designate a drop curb.

NYC DoB & DoT call it a 'curb cut'. Not sure what you are trying to tell me. I work in the profession and am very familiar with the process. You can find a brochure regarding the procedure here if you are interested:

»www.nyc.gov/html/dob/dow ··· cuts.pdf
said by AVD:

legally no, no one can block a driveway, not even the owner.

Incorrect. You didn't read the previous posts and links from NYC stating the contrary. Its quite clear you can park in front of your own driveway.