NYC Violation Code 78: Nighttime Standing on Roadway
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
Nighttime standing on a roadway is prohibited for safety reasons. If there was an emergency or breakdown, provide evidence such as a tow receipt or roadside assistance record.
When this ticket gets issued
Code 78 is issued when a vehicle is left standing on a public roadway between posted nighttime hours — typically overnight — in a location where nighttime standing is prohibited for public safety. Most often this applies to commercial vehicles on residential streets, or to any vehicle parked on a travel lane rather than a curbside space. Officers write this code during late-night patrols. Common fleet scenarios are breakdowns left unattended, drivers who parked partially in the road on a narrow street, and vehicles that ran out of curbside space and were left straddling the roadway.
How to fight code 78
Vehicle experienced a breakdown requiring overnight parking
Submit the tow request log, roadside assistance receipt, or mechanic invoice showing the breakdown occurred during or before the ticket period. If you called for a tow and the truck sat overnight waiting, attach the dispatch record. Documented breakdown is the cleanest dismissal path for code 78.
Evidence to bring: written_account
Vehicle was not at this location at the time
Pull GPS or telematics logs showing the truck was parked at a yard, garage, or different address during the overnight window. If the truck was indoors or at a permitted staging area, the officer likely ticketed the wrong plate or the wrong vehicle.
Evidence to bring: written_account
Wrong plate number on the ticket
Verify the transcribed plate against your registration. Overnight ticketing often happens in low light where officers misread plate characters. A mismatched plate ends the analysis without reaching the merits.
Evidence to bring: photo_of_plate, photo_of_registration
Ticket contains errors (wrong date, time, location, or vehicle description)
Check the time on the ticket against posted nighttime restrictions. If the ticket time falls outside the restricted overnight hours, the summons is defective. Also compare vehicle color and body type to your registration for any mismatch.
Evidence to bring: written_account
Frequently Asked Questions
My driver parked on the roadway because the shoulder was under construction — does that work as a defense?
Yes, if you can document it. Submit photos of the construction barriers and the narrowed shoulder. The CONSTRUCTION_BLOCKED defense is not in the rule set for code 78, but hearing officers will consider reasonable necessity under the emergency defense when infrastructure blocked lawful curb parking.
Can a tow truck operator's note count as breakdown proof for code 78?
Yes. A towing company's dispatch record showing date, time, vehicle plate, and service requested is standard evidence. Pair it with a repair invoice dated the same day or next morning. Hearing officers accept this chain as proof the vehicle could not be safely moved.
What time does the nighttime standing rule actually cover?
Posted signs control, but typical NYC overnight standing restrictions run from late evening through early morning on designated streets. The summons should cite specific hours. If your vehicle was moved before or parked after those posted hours, provide timestamp evidence and the ticket should be dismissed.
What this means for commercial fleets
Code 78 tickets often cluster on the same vehicles that break down or lose drivers overnight. Fleets should enforce a strict breakdown reporting protocol: any driver who leaves a truck on the road overnight must open a tow ticket within 30 minutes, with the reference number stored on the fleet record. That one document resolves most disputes. At $65 per ticket, the bigger exposure is the reputational hit of accumulating overnight-parking complaints on a route.
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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 78 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.