Thorpe of the New York Trucking and Delivery Association says the decision to raise penalties won’t solve the parking crisis.
For more than a decade, Ken Thorpe has been a soldier in the fight against parking tickets, which has become part of the escalating war for access to the curb. It's a conflict that has intensified in recent years as ride-hail services have clogged roads, New Yorkers have had more of their purchases delivered, and the streetscape has been remade with bicycle lanes, pedestrian malls and restrictions on parking and unloading.
The city "has whittled away at the commercial parking infrastructure," said Thorpe, the chief executive of the New York Trucking and Delivery Association, which he founded in 2004 to deal with parking issues for small and midsize businesses.
At the same time, trucks are making more deliveries than ever, and they must do that regardless of whether there's unloading space available. "Trucking is not a 'choice' situation," Thorpe said. "It's a necessity."
But now the 600 members of his group, as well as large fleet operators such as UPS and FedEx, are facing higher fines—and possibly more paperwork and time in traffic court—as a little-known yet controversial city policy comes under fire. The stipulated-fine program was established in 2004 by the Department of Finance to let businesses pay slightly reduced fines—and no fines at all for some infractions—in exchange for not contesting their tickets.
It was mainly a way to reduce everyone's administrative costs while having delivery companies pay roughly what they would have otherwise. (The reductions were calculated with an eye on the percentage of tickets that were successfully challenged.) But the program was a sore point with advocacy groups such as Transportation Alternatives, which considered it a corporate giveaway that neutered traffic enforcement.
Last month, in a bid at leveling the playing field for businesses not in the program—and furthering the city's congestion-reduction goals—the Finance Department announced that next month it would raise the program's fines, including those now set at zero.
As if that were not bad enough for Thorpe's membership, in the same week five City Council members introduced a bill to abolish the program. They denounced it as a free pass to large corporations and a contributor to reckless parking and congestion.
Thorpe says it's the council bill that's a giveaway—to parking-ticket brokers, who stand to gain business adjudicating tickets. He sees no way that the Finance Department's plan will change driver behavior or have any impact on congestion.
"The theory of the program was there are bad things, good things and some things in between, and it taught the driver you're going to pay a lot to do bad things and little or none to do the others," Thorpe said. "Now they've put the bad and good closer together, removing the driver's incentive for doing the good, because it's going to cost just a little more to do the bad."
In fact, good and bad parking behavior will not be punished that similarly. The most serious violations that get discounts, such as obstructing traffic ($10 off the $115 total), will now get no break at all, while many of the zero-fine infractions will cost $25.
But Thorpe says those increases could cost some of his members hundreds of dollars a week—enough that he would consider taking them out of the program. The $35 fine for double parking outside Midtown is still better than the official $115, but he notes that double parking is legal for the first 30 minutes, and enforcement is not always scrupulous.
In 2011 he sued the city, which for some years had been slapping double-parked delivery trucks with the more expensive violation of blocking a travel lane, which carried a $40 fine. In 2016 the city settled and paid those covered by the lawsuit $14 million.
Even so, the Finance Department, which worked with the Department of Transportation on the new fine schedule, says more needs to be done to ease congestion. The agency says the stipulated-fine program has been sending the wrong signal to the wider parking universe by not reflecting the fact that not all double-parking tickets are dismissed.
"We need the program to have incentives that are aligned with the city's goals to reduce congestion, and we need the program to be fair," said Finance Deputy Commissioner Jeffrey Shear. "We agree that the conversation about congestion is a larger conversation, and there are many other factors, and this program is one small piece. But we don't want to send the wrong message by saying double parking outside of Midtown will cost businesses nothing."
The Transportation Department maintains that it is doing all it can.
The agency is "committed to improving commercial accessibility throughout the five boroughs, especially in the context of our street-improvement projects," a spokeswoman said. As part of those projects, "new curb regulations are installed that are complementary to the larger curb-management goals of the corridor, such as faster bus mobility, reduction of double parking, and better commercial access."
But the Transportation Department is aware that it's a long way from curing congestion when demand for deliveries from myriad e-commerce businesses, including Amazon and Fresh Direct, is bigger than ever.
"Consumer demands and the amount of available space we have at the curb, they're at odds right now," Transportation Commissioner Polly Trottenberg said at a Crain's breakfast forum last month. She added that parking enforcement can only do so much, and larger fixes, including congestion pricing and technology such as license-plate readers, might be part of the answer.
"Right now the demand for the curb exceeds the supply," she said.
Some members of the City Council are not convinced that higher fines will make the program more effective. They say any solution will include abolishing stipulated fines.
"This program doesn't work," said Costa Constantinides, a City Council member from Queens, who introduced the bill to end the program as one of several parking and transportation proposals. "Trucks are still parking in bike lanes. It's been around for years, and I really feel it's prohibiting us from having a real conversation around parking that we desperately need to have."
As part of that conversation, the councilman introduced a bill that would require the Department of Citywide Administrative Services, which oversees city agencies, to have buildings under its jurisdiction receive deliveries between 7 p.m. and 6 a.m.
"The city should lead by example," Constantinides said.
That's not so simple, it turns out. A Transportation Department off-hours delivery program proved unworkable for many businesses, some of which had to add employees to accept the shipments. The councilman said his program would be "one part of the puzzle."
As it happens, parking-ticket broker Glen Bolofsky has contributed more than $4,000 to Constantinides' campaign treasury in the past five years. A spokesman for the councilman dismissed the idea that the bill was intended to help brokers.
"The majority of those that benefit from this [stipulated-fine] program are big-box delivery corporations who flout traffic laws at the expense of pedestrians, cyclists and drivers," the spokesman said.
Bolofsky agreed that ending the program would help brokers, but he insisted the biggest beneficiary would be the public. "Congestion will be reduced," he said. "More money will be raised."
Assuming 70% of double-parking tickets are dismissed, he estimated the city has forfeited $147.5 million over the life of the program by not fining participants for double parking beyond Midtown.
The new schedule will collect about 30% of double-parking fines, but Bolofsky insists the program still benefits the biggest operators the most. He maintains that neither the city nor companies such as UPS will lose money adjudicating tickets, arguing that many companies still have in-house teams for the job, and automation can reduce the expense further. He noted that the city handled 12 million tickets a year in 1990, when they were handwritten, and had to deal with only 10 million last year. Enforcement agents now use handheld devices that reduce the errors and bad handwriting that led to dismissals.
The Finance Department disagrees with his conclusions, saying both the city and the 1,751 companies in the program—encompassing 48,880 vehicles—would spend more without the program.
"We would need more hearing officers," Shear said. "The companies would have to retain brokers or hire staff to defend against these parking tickets. In terms of revenue, there would be no increase to the city."
Apart from whether the program is good for the city, a walk through Midtown with several UPS executives revealed how difficult following parking rules can be.
Another option would be to park at a metered spot a couple of blocks away and cart diamonds by hand truck to recipients, which UPS rules out for security reasons. "It would put our driver and other people in the area at risk," said Axel Carrion, director of state public affairs.
A few blocks away, on West 50th Street, where commercial parking was allowed at that hour, every space between Sixth and Seventh avenues was taken, mostly by delivery and commercial vehicles. There were two idling for-hire vehicles and three cars with "parking authorization" placards—the bane of parking-reform advocates—on their dashboard.
Even when a UPS driver finds a legal spot, regulations can conflict with the company's efforts to operate efficiently. Using new dispatch-planning technology, the company has increased the number of packages a truck will carry to nearly 400 so that one truck does the work of two. But that truck needs to stay in one place much of the workday, doing pickups when it's done with deliveries. Parking rules—which aim to promote the flow of traffic and keep operators from hogging spots—require it to move after three hours.
But circling the block will delay deliveries and the truck could lose the spot, so the driver will stay put. This reduces congestion and pollution. But the ticket, which costs program participants nothing, will set them back $25 under the new schedule.
Overall UPS expects its payments under the fine program to jump 32% next year, to $21.8 million, with a $3.4 million increase from double parking and more than $1 million from unloading in the wrong spot or at the wrong time. The company says it would like to try other solutions, such as paying for spots where a truck could sit all day. Long term, it would like to see new building construction include space for unloading.
Right now the firm is weighing the benefits of staying in the program.
"My drivers can be trained to avoid the ticket, and we have drastically reduced the amount of tickets over the past couple of years," said Dan Byrnes, director of finance at UPS, adding that the city's ticket data aided his efforts. "Now with these changes, [the city] is not really helping. Just raising prices is not going to change behavior."