My question involves a traffic citation from the state of: NY
I'm curious about whether or not the following law applies to cars that are equipped with a remote start feature. I have never heard of anybody being ticketed for using said feature but I have found some interesting and conflicting sources.
N.Y. VAT. LAW § 1210 : NY Code - Section 1210: Unattended motor vehicle
(a) No person driving or in charge
of a motor vehicle shall permit it to stand unattended without first
stopping the engine, locking the ignition, removing the key from the
vehicle, and effectively setting the brake thereon and, when standing
upon any grade, turning the front wheels to the curb or side of the
highway, provided, however, the provision for removing the key from the
vehicle shall not require the removal of keys hidden from sight about
the vehicle for convenience or emergency.
(b) A driver may, for the purpose of getting away from the place of
standing, move another vehicle which is so placed he cannot get his
vehicle out; provided, however, that immediately thereafter he shall
reset the brake and, if on a grade, turn the front wheels to the curb or
side of the highway. This privilege is subject to the limitation set
forth in subdivision (e) of section twelve hundred two.
(c) Towing agencies, which remove vehicles unlawfully parked on
private property at request of the owner of the premises and without the
written consent of the owner of the vehicle, shall immediately notify
the local police station house having jurisdiction over the area where
such vehicle was unlawfully parked, of the description of the car which
was removed, and the time of removal.
First of all, there's this article about people leaving their cars running to warm them up: http://ift.tt/1AGY6bg
There is an exception to the the law, however. If a remote control starter is installed in a vehicle and is used, it is not a violation because a key is not in the ignition.
Then there's this, but it seems like the Court sided with the officer because it came down to a he-said-she-said about whether or not the key was indeed left in the ignition: http://ift.tt/1AGYbLO
The Court believes whether or not the keys were in the ignition is academic as VTL Section 1210 requires the driver or person in charge of the motor vehicle not to permit it to stand unattended without doing at least four things: Stop the engine; Lock the ignition; remove the key from the vehicle and Set the brake. The Defendant did not stop the engine or lock the ignition. This Court also believes that VTL Section 1210, perhaps not in this case, but in future cases, has not caught up with the technology of science. Many of our cars today start remotely with no keys in the ignition, start by push button, or even voice recognition. The Legislative intent for this Statute and its corresponding civil liability was to prevent automobiles from being stolen and then being involved in automobile accidents causing personal injury and property damage. The Legislature should review and revisit this section of law and rethink the necessity of keys.
This Court holds however, that the parking lot at the Crosby Convenient Store/Gas Station is a public highway and §1210(a) is applicable. Accordingly, the Court finds the Defendant GUILTY of violating that Section and imposes a fine of $107.00 with a $93.00 surcharge. The Defendant shall have thirty (30) days in which to pay the $200.00.
I'm curious about whether or not the following law applies to cars that are equipped with a remote start feature. I have never heard of anybody being ticketed for using said feature but I have found some interesting and conflicting sources.
Quote:
N.Y. VAT. LAW § 1210 : NY Code - Section 1210: Unattended motor vehicle
(a) No person driving or in charge
of a motor vehicle shall permit it to stand unattended without first
stopping the engine, locking the ignition, removing the key from the
vehicle, and effectively setting the brake thereon and, when standing
upon any grade, turning the front wheels to the curb or side of the
highway, provided, however, the provision for removing the key from the
vehicle shall not require the removal of keys hidden from sight about
the vehicle for convenience or emergency.
(b) A driver may, for the purpose of getting away from the place of
standing, move another vehicle which is so placed he cannot get his
vehicle out; provided, however, that immediately thereafter he shall
reset the brake and, if on a grade, turn the front wheels to the curb or
side of the highway. This privilege is subject to the limitation set
forth in subdivision (e) of section twelve hundred two.
(c) Towing agencies, which remove vehicles unlawfully parked on
private property at request of the owner of the premises and without the
written consent of the owner of the vehicle, shall immediately notify
the local police station house having jurisdiction over the area where
such vehicle was unlawfully parked, of the description of the car which
was removed, and the time of removal.
First of all, there's this article about people leaving their cars running to warm them up: http://ift.tt/1AGY6bg
Quote:
There is an exception to the the law, however. If a remote control starter is installed in a vehicle and is used, it is not a violation because a key is not in the ignition.
Then there's this, but it seems like the Court sided with the officer because it came down to a he-said-she-said about whether or not the key was indeed left in the ignition: http://ift.tt/1AGYbLO
Quote:
The Court believes whether or not the keys were in the ignition is academic as VTL Section 1210 requires the driver or person in charge of the motor vehicle not to permit it to stand unattended without doing at least four things: Stop the engine; Lock the ignition; remove the key from the vehicle and Set the brake. The Defendant did not stop the engine or lock the ignition. This Court also believes that VTL Section 1210, perhaps not in this case, but in future cases, has not caught up with the technology of science. Many of our cars today start remotely with no keys in the ignition, start by push button, or even voice recognition. The Legislative intent for this Statute and its corresponding civil liability was to prevent automobiles from being stolen and then being involved in automobile accidents causing personal injury and property damage. The Legislature should review and revisit this section of law and rethink the necessity of keys.
This Court holds however, that the parking lot at the Crosby Convenient Store/Gas Station is a public highway and §1210(a) is applicable. Accordingly, the Court finds the Defendant GUILTY of violating that Section and imposes a fine of $107.00 with a $93.00 surcharge. The Defendant shall have thirty (30) days in which to pay the $200.00.
Parking Violations: Unattended Motor Vehicle Law and Remote Start Feature (Nys)
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