Bill Text: NY A04212 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the vehicle and traffic law, in relation to parking violations and adjudications

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A04212 Detail]

Download: New_York-2009-A04212-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4212
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 2, 2009
                                      ___________
       Introduced  by M. of A. BRENNAN, JOHN, DINOWITZ, COLTON, GREENE, FIELDS,
         MAISEL -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, CAHILL, GLICK,
         HOOPER, JACOBS, JAFFEE, PHEFFER,  ROBINSON,  SCARBOROUGH,  SWEENEY  --
         read once and referred to the Committee on Transportation
       AN  ACT  to  amend  the  vehicle and traffic law, in relation to parking
         violations and adjudications
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 237-a to read as follows:
    3    S 237-A. EXCUSED VIOLATIONS. STOPPING, STANDING OR PARKING  VIOLATIONS
    4  CAUSED  SOLELY  BY LACK OF FUEL OR A MECHANICAL FAILURE WITHIN THE MOTOR
    5  VEHICLE CITED SHALL  NOT  CONSTITUTE  A  VIOLATION  UNDER  THIS  ARTICLE
    6  PROVIDED  THE  OWNER  SUBMITS ADEQUATE PROOF THEREOF TO THE BUREAU WHICH
    7  MAY INCLUDE BUT NEED NOT BE LIMITED TO A TOWING OR REPAIR  BILL  FROM  A
    8  SERVICE OR REPAIR SHOP.
    9    S  2.  Subdivision 1 of section 241 of the vehicle and traffic law, as
   10  amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
   11  follows:
   12    1.  The  hearing  examiner  shall make a determination on the charges,
   13  either sustaining or dismissing them.  Where the hearing examiner deter-
   14  mines that the charges have been sustained he  may  examine  either  the
   15  prior parking violations record or the record of liabilities incurred in
   16  accordance  with  section eleven hundred eleven-a of this chapter or the
   17  record of liabilities incurred in accordance with section  two  thousand
   18  nine  hundred  eighty-five  of  the  public  authorities law or sections
   19  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   20  of the laws of nineteen hundred fifty of the person charged, as applica-
   21  ble prior to  rendering  a  final  determination.  Final  determinations
   22  sustaining  or  dismissing  charges shall be entered on a final determi-
   23  nation roll maintained by  the  bureau  together  with  records  showing
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03248-01-9
       A. 4212                             2
    1  payment and nonpayment of penalties AND A NOTICE TO THAT EFFECT SHALL BE
    2  SENT  PROMPTLY  TO THE OPERATOR OR OWNER OF THE VEHICLE DESCRIBED IN THE
    3  NOTICE OF VIOLATION. IF THE CHARGES ARE SUSTAINED, THE NOTICE  OF  FINAL
    4  DETERMINATION  SHALL  STATE  WITH CLARITY AND DETAIL THE REASONS FOR THE
    5  DETERMINATION.
    6    S 3. Subdivision 1 of section 241 of the vehicle and traffic  law,  as
    7  added by chapter 715 of the laws of 1972, is amended to read as follows:
    8    1.  The  hearing  examiner  shall make a determination on the charges,
    9  either sustaining or dismissing them. Where the hearing examiner  deter-
   10  mines  that  the  charges  have  been sustained he may examine the prior
   11  parking violations record of the person charged  prior  to  rendering  a
   12  final  determination.  Final  determinations  sustaining  or  dismissing
   13  charges shall be entered on a final determination roll maintained by the
   14  bureau together with records showing payment and nonpayment of penalties
   15  AND A NOTICE TO THAT EFFECT SHALL BE SENT PROMPTLY TO  THE  OPERATOR  OR
   16  OWNER OF THE VEHICLE DESCRIBED IN THE NOTICE OF VIOLATION. IF THE CHARG-
   17  ES  ARE  SUSTAINED,  THE  NOTICE OF FINAL DETERMINATION SHALL STATE WITH
   18  CLARITY AND DETAIL THE REASONS FOR THE DETERMINATION.
   19    S 4. This act shall  take  effect  on  the  first  of  September  next
   20  succeeding  the  date on which it shall have become a law; provided that
   21  the amendments to subdivision 1 of section 241 of the vehicle and  traf-
   22  fic  law made by section two of this act shall be subject to the expira-
   23  tion and reversion of such subdivision pursuant to section 17 of chapter
   24  746 of the laws of 1988, as amended, when upon such date the  provisions
   25  of section three of this act shall take effect.