NYC Violation Code 46: No Standing - Double Parking
Parking violation · $115 base fine · 5-stage penalty escalation
Fine Breakdown
Base Fine
$115
Maximum (before judgment)
$215
Penalty Escalation Timeline
Base Fine
$115
At issue
+$10 Late Penalty
$125
After 30 days
+$30 Late Penalty
$155
After 60 days
+$60 Late Penalty
$215
After 75 days
Judgment Entered
$215
After 90 days
Quick Tip
Commercial vehicles have a limited exception for actively loading/unloading. Document your commercial plates and that you were actively engaged in delivery at the time.
When this ticket gets issued
Code 46 is issued for double parking: a vehicle stopped in the traffic lane alongside parked vehicles. The base fine is $115. Commercial vehicles engaged in active loading or unloading have a built-in exception, typically limited to 30 minutes on most blocks. Outside that exception, double parking is prohibited regardless of vehicle type. Fleet drivers receive Code 46 constantly in dense commercial corridors where legal curb space is scarce and deliveries require double parking to complete. The ACTIVELY_LOADING defense is the primary path to dismissal for commercial trucks.
How to fight code 46
Commercial vehicle was actively loading/unloading (max 30 minutes)
Attach delivery manifests with scan timestamps, proof of delivery signatures, dispatch records, and the consignee name and address. The stop must be continuous active loading under 30 minutes. Include photos of the truck positioned for loading and, if possible, dashcam footage of the delivery activity.
Evidence to bring: written_account, photo_of_location
Driver was in the vehicle with engine running
If the driver remained behind the wheel during the Code 46 ticket window and was ready to move on request, describe that in a written statement. Include any dispatch notes confirming the driver did not leave the truck. Witnesses from the delivery site can corroborate.
Evidence to bring: written_account
Vehicle was responding to an emergency
If the truck stopped in the Code 46 double-park position because of a mechanical breakdown, medical emergency, or safety hazard, describe the event with timestamps. Attach tow receipts, mechanic invoices, or 911 call records that match the ticket minute.
Evidence to bring: written_account
Vehicle was not at this location at the time
Export GPS or telematics records showing the truck was on a different block when the Code 46 ticket was written. Include a trip log and written statement identifying the actual stop.
Evidence to bring: written_account
Wrong plate number on the ticket
Compare the plate on the Code 46 summons to your DMV registration. Attach a photo of the plate on the truck. Double-park tickets are written in high volume and transcription errors are frequent.
Evidence to bring: photo_of_plate, photo_of_registration
Ticket contains errors (wrong date, time, location, or vehicle description)
Review the Code 46 summons for wrong body type, color, street, or time. List each defect with the correct value. An incorrect side of street or wrong intersection can invalidate the ticket.
Evidence to bring: written_account
Frequently Asked Questions
How long can a commercial vehicle double park while actively loading?
Most NYC commercial zones allow up to 30 minutes for active loading while double parked, though some blocks limit it further. The clock starts at the moment the truck stops and runs continuously; breaks or driver absences do not pause it. Keep scan timestamps tight to document the continuous loading activity.
Does the active loading exception apply to passenger vehicles?
No. The double-parking active-loading exception applies only to commercial-plate vehicles engaged in goods delivery. Passenger vehicles double parked for any reason, including picking up food or packages, receive Code 46 without the 30-minute grace. A passenger vehicle must use the VEHICLE_OCCUPIED defense instead.
What counts as actively loading for Code 46 purposes?
Active loading means the driver or crew is continuously moving goods between the truck and the consignee. Standing with the engine off and no deliveries in progress, or the driver away from the vehicle for extended periods, do not qualify. Scan-level manifest data with sequential timestamps provides the strongest evidence.
What this means for commercial fleets
Code 46 is the single highest-volume $115 ticket for NYC commercial fleets. A single driver on a dense Manhattan route can generate four or five Code 46 tickets per day. Equip trucks with dashcam units that can be timestamped against scan data, require drivers to keep manifests open on their handhelds, and automate dispute filing for every Code 46 where scan timestamps show a continuous under-30-minute loading window. Success rates for ACTIVELY_LOADING defenses are high when the scan data is clean.
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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 46 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.