NYC Violation Code 40: No Standing - Expired Meter
Parking violation · $65 base fine · 5-stage penalty escalation
Fine Breakdown
Base Fine
$65
Maximum (before judgment)
$165
Penalty Escalation Timeline
Base Fine
$65
At issue
+$10 Late Penalty
$75
After 30 days
+$30 Late Penalty
$105
After 60 days
+$60 Late Penalty
$165
After 75 days
Judgment Entered
$165
After 90 days
Quick Tip
If the meter was broken or out of service, photograph it. NYC does not require payment at non-functioning meters. The 5-minute grace period also applies.
When this ticket gets issued
Code 40 is issued for standing at an expired meter, distinct from the parking-oriented expired-meter codes. The base fine is $65. Code 40 appears in the OATH and DOF datasets under the fire hydrant description in some records, reflecting historical code variation. Fleet drivers sometimes receive Code 40 when standing near a meter that has expired, particularly in commercial zones where enforcement overlaps with hydrant proximity rules. The defenses focus on showing the driver was in the vehicle ready to move, the vehicle was elsewhere, or the ticket itself is defective.
How to fight code 40
Driver was in vehicle, ready to move immediately
If the driver was seated behind the wheel when the Code 40 ticket was written, submit a written statement describing the driver's position, engine status, and readiness to move. Include any witness statements from crew members. A vehicle with a driver ready to move is standing, not parking, and arguments about expiry status shift substantially.
Evidence to bring: written_account
Vehicle was not at this location at the time
Export GPS or telematics data showing the vehicle was at a different location when the Code 40 summons was written. Include a trip log covering the ticket minute and a written account identifying the actual stop.
Evidence to bring: written_account
Ticket location does not match where vehicle was parked
If Code 40 was issued based on hydrant proximity, photograph the vehicle's position relative to the hydrant. Measure the distance from the nearest point of the hydrant to the nearest point of the vehicle. If the measurement exceeds 15 feet, attach a photo with a visible measuring tape or landmark comparison.
Evidence to bring: photo_of_location, written_account
Wrong plate number on the ticket
Compare the plate on the Code 40 summons to your DMV registration. Attach a photo of the plate currently on the vehicle. A single digit transposition can route someone else's ticket to your fleet.
Evidence to bring: photo_of_plate, photo_of_registration
Ticket contains errors (wrong date, time, location, or vehicle description)
Review the Code 40 summons for wrong make, color, body type, street, or time. List each field-level error in the written statement and include the correct values. Time errors are especially impactful because Code 40 depends on meter expiry timing.
Evidence to bring: written_account
Frequently Asked Questions
How is Code 40 different from Codes 34 and 37 for expired meters?
Code 40 targets standing at an expired meter, while Codes 34 and 37 target parking. The practical difference is whether the driver is with the vehicle. Code 40 can be defended with VEHICLE_OCCUPIED, which does not apply to Codes 34 and 37 for parking. The VEHICLE_OCCUPIED defense is typically the first lever to try.
Does the 15-foot hydrant rule apply when Code 40 is issued at a meter?
Some Code 40 tickets carry both the expired-meter language and the hydrant context in the description. If the ticket references hydrant proximity, the 15-foot measurement (from nearest point of hydrant to nearest point of vehicle) applies and the WRONG_LOCATION defense is available if documented with photos.
What if the driver stepped out of the truck for 60 seconds to verify a delivery?
Brief absence from the vehicle may still support the VEHICLE_OCCUPIED defense if the driver can show they were continuously near the vehicle, prepared to move, and the absence was minimal. Witness statements from crew or consignee staff strengthen the argument. A 60-second delivery verification is a closer call than a multi-minute absence.
What this means for commercial fleets
Code 40 is less common than the parking-oriented expired-meter codes but its defenses are more favorable because the VEHICLE_OCCUPIED argument is available. Train drivers to remain in the truck with engine running whenever possible during brief stops, document any absences in delivery logs, and retain witness contacts from the consignee. When disputing Code 40, lead with VEHICLE_OCCUPIED and pair it with the telematics and delivery manifest to establish the active-stop nature of the stop.
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Disclaimer: Clear Plates is not a law firm and does not provide legal advice. The information on this page is general educational content about NYC violation code 40 and is not a substitute for advice from a licensed attorney. Defenses, evidence strategies, and hearing outcomes depend on facts specific to each ticket. For legal advice about a specific violation, consult a qualified attorney licensed in New York.