Bill Text: NY A03278 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires notices of parking violations to include the printed name, signature and badge number or other identifying number of the officer issuing such notice.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced - Dead) 2011-01-24 - referred to transportation [A03278 Detail]

Download: New_York-2011-A03278-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3278
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of A. SPANO, WEISENBERG, AUBRY, MAISEL, N. RIVERA --
         Multi-Sponsored by -- M. of A. CYMBROWITZ, GABRYSZAK,  GALEF,  GIBSON,
         GOTTFRIED,  HIKIND,  JEFFRIES,  MAYERSOHN -- read once and referred to
         the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  notices  of
         parking violations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 238 of  the  vehicle  and  traffic
    2  law,  as  amended by chapter 224 of the laws of 1995, is amended to read
    3  as follows:
    4    2. A notice of violation shall be served personally upon the  operator
    5  of  a motor vehicle who is present at the time of service, and his name,
    6  together with the plate designation and the plate type as shown  by  the
    7  registration plates of said vehicle and the expiration date; the make or
    8  model,  and  body  type  of  said  vehicle; a description of the charged
    9  violation, including but not limited to a reference  to  the  applicable
   10  traffic  rule  or  provision of this chapter; information as to the days
   11  and hours the applicable rule or provision of this chapter is in effect,
   12  unless always in effect pursuant to  rule  or  this  chapter  and  where
   13  appropriate the word ALL when the days and/or hours in effect are every-
   14  day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
   15  violation, where appropriate; [and] the date, time and particular  place
   16  of  occurrence of the charged violation; AND THE PRINTED NAME, SIGNATURE
   17  AND BADGE NUMBER OR OTHER IDENTIFYING NUMBER OF THE OFFICER ISSUING SUCH
   18  NOTICE, shall be inserted therein. A mere listing of a meter  number  in
   19  cases  of  charged  meter violations shall not be deemed to constitute a
   20  sufficient description of a particular place of occurrence for  purposes
   21  of  this  subdivision.  The notice of violation shall be served upon the
   22  owner of the motor vehicle if the operator is not present,  by  affixing
   23  such notice to said vehicle in a conspicuous place. Whenever such notice
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07869-01-1
       A. 3278                             2
    1  is  so affixed, in lieu of inserting the name of the person charged with
    2  the violation in the space  provided  for  the  identification  of  said
    3  person, the words "owner of the vehicle bearing license" may be inserted
    4  to  be  followed by the plate designation and plate type as shown by the
    5  registration plates of said vehicle together with the  expiration  date;
    6  the  make  or model, and body type of said vehicle; a description of the
    7  charged violation, including but not  limited  to  a  reference  to  the
    8  applicable  traffic rule or provision of this chapter; information as to
    9  the days and hours the applicable rule or provision of this  chapter  is
   10  in  effect  unless always in effect pursuant to rule or this chapter and
   11  where appropriate the word ALL when the days and/or hours in effect  are
   12  every  day  and/or twenty-four hours a day; the meter number for a meter
   13  violation where appropriate; and the date, time and particular place  of
   14  occurrence  of  the  charged  violation.    Service  of  the  notice  of
   15  violation, or a duplicate thereof by affixation as herein provided shall
   16  have the same force and effect and shall be subject to the  same  penal-
   17  ties for disregard thereof as though the same was personally served with
   18  the name of the person charged with the violation inserted therein.
   19    S 2. This act shall take effect on the one hundred twentieth day after
   20  it shall have become a law.