Bill Text: NY S00491 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the service of notice of parking violations by certified mail where the operator is present and refuses service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO TRANSPORTATION [S00491 Detail]
Download: New_York-2013-S00491-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 491 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to notice of parking violation 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 of 16 occurrence of the charged violation, shall be inserted therein. A mere 17 listing of a meter number in cases of charged meter violations shall not 18 be deemed to constitute a sufficient description of a particular place 19 of occurrence for purposes of this subdivision. The notice of violation 20 shall be served upon the owner of the motor vehicle if the operator is 21 not present, by affixing such notice to said vehicle in a conspicuous 22 place. Whenever such notice is so affixed, in lieu of inserting the name 23 of the person charged with the violation in the space provided for the 24 identification of said person, the words "owner of the vehicle bearing EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03115-01-3 S. 491 2 1 license" may be inserted to be followed by the plate designation and 2 plate type as shown by the registration plates of said vehicle together 3 with the expiration date; the make or model, and body type of said vehi- 4 cle; a description of the charged violation, including but not limited 5 to a reference to the applicable traffic rule or provision of this chap- 6 ter; information as to the days and hours the applicable rule or 7 provision of this chapter is in effect unless always in effect pursuant 8 to rule or this chapter and where appropriate the word ALL when the days 9 and/or hours in effect are every day and/or twenty-four hours a day; the 10 meter number for a meter violation where appropriate; and the date, time 11 and particular place of occurrence of the charged violation. Service of 12 the notice of violation, or a duplicate thereof by affixation as [here- 13 in] provided IN THIS SECTION shall have the same force and effect and 14 shall be subject to the same penalties for disregard thereof as though 15 the same was personally served with the name of the person charged with 16 the violation inserted therein. WHERE AN OPERATOR OF A MOTOR VEHICLE 17 REFUSES TO ACCEPT PERSONAL SERVICE OF THE NOTICE OF VIOLATION, NOTICE 18 SHALL BE SERVED ON THE OWNER BY CERTIFIED MAIL TO THE LAST KNOWN REGIS- 19 TERED ADDRESS. IF NOTICE IS SERVED BY CERTIFIED MAIL, THE NOTICE OF 20 VIOLATION SHALL STATE THAT THE OPERATOR WAS PRESENT AND REFUSED PERSONAL 21 SERVICE. 22 S 2. This act shall take effect immediately.