Bill Text: NY S01964 | 2011-2012 | General Assembly | Introduced


Bill Title: Provides for the administrative adjudication of traffic infractions arising out of the operation of a bicycle to be done by the parking violations bureau in the city of New York rather than the state traffic violations bureau.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-14 - REFERRED TO TRANSPORTATION [S01964 Detail]

Download: New_York-2011-S01964-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1964
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 and the administrative  code
         of  the  city  of New York, in relation to the adjudication of traffic
         infractions arising out of the operation of a bicycle
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of section 225 of the vehicle and traffic
    2  law, as amended by chapter 173 of the laws of 1990, is amended  to  read
    3  as follows:
    4    1. Notwithstanding any inconsistent provision of law, EXCEPT AS OTHER-
    5  WISE  PROVIDED  IN  SUBDIVISION SIX OF SECTION TWO HUNDRED THIRTY-SIX OF
    6  THIS TITLE,  all violations of this chapter  or  of  a  law,  ordinance,
    7  order, rule or regulation relating to traffic, except parking, standing,
    8  stopping  or  pedestrian  offenses,  which  occur within a city having a
    9  population of two hundred  thousand  or  more  in  which  administrative
   10  tribunals  have  heretofore  been established, or within that portion of
   11  Suffolk county for which a district  court  has  been  established,  and
   12  which are classified as traffic infractions, may be heard and determined
   13  pursuant  to  the  regulations  of  the commissioner as provided in this
   14  article.  Whenever a crime and a traffic infraction  arise  out  of  the
   15  same  transaction  or occurrence, a charge alleging both offenses may be
   16  made returnable before the court having  jurisdiction  over  the  crime.
   17  Nothing  herein  provided  shall be construed to prevent a court, having
   18  jurisdiction over a criminal charge relating to  traffic  or  a  traffic
   19  infraction,  from lawfully entering a judgment of conviction, whether or
   20  not based on a plea of guilty, for any offense classified as  a  traffic
   21  infraction.
   22    S  2.  Section 236 of the vehicle and traffic law is amended by adding
   23  a new subdivision 6 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06662-01-1
       S. 1964                             2
    1    6.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
    2  OR LOCAL LAW TO THE CONTRARY, THE CITY OF NEW YORK MAY PROVIDE BY  LOCAL
    3  LAW FOR THE ADMINISTRATIVE ADJUDICATION IN THE PARKING VIOLATIONS BUREAU
    4  OF THE CITY OF NEW YORK OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERA-
    5  TION  OF A BICYCLE.  EXCEPT AS OTHERWISE PROVIDED, CHARGES OF SUCH TRAF-
    6  FIC INFRACTIONS SHALL BE HEARD AND DETERMINED  IN  THE  SAME  MANNER  AS
    7  CHARGES OF PARKING VIOLATIONS AND A PERSON CHARGED WITH ANY SUCH TRAFFIC
    8  INFRACTION  SHALL HAVE ALL THE RIGHTS TO A HEARING, ADMINISTRATIVE ADJU-
    9  DICATION AND JUDICIAL REVIEW WHICH  A  PERSON  CHARGED  WITH  A  PARKING
   10  VIOLATION  HAS.   THE PARKING VIOLATIONS BUREAU SHALL HAVE ALL THE FUNC-
   11  TIONS, POWERS AND DUTIES WITH RESPECT TO SUCH TRAFFIC INFRACTIONS AS ARE
   12  GRANTED WITH RESPECT TO PARKING VIOLATIONS.   SUCH  TRAFFIC  INFRACTIONS
   13  SHALL  BE  PUNISHABLE  BY  CIVIL  PENALTIES IN AMOUNTS NOT TO EXCEED THE
   14  AMOUNTS AUTHORIZED IN ARTICLE TWO-A OF THIS TITLE FOR THE COMMISSION  OF
   15  SUCH TRAFFIC INFRACTIONS.  ALL MONEYS COLLECTED SHALL BE THE PROPERTY OF
   16  THE CITY OF NEW YORK.
   17    S  3.    Section  19-201 of the administrative code of the city of New
   18  York is amended to read as follows:
   19    S  19-201  Parking violations bureau created. There is hereby  created
   20  in the department a parking violations bureau which shall have jurisdic-
   21  tion  of  allegations  of traffic infractions which constitute a parking
   22  violation AND OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION  OF  A
   23  BICYCLE.    For  the purpose of this chapter, a parking violation is the
   24  violation of any local law, rule or regulation provided for or  regulat-
   25  ing  the  parking,  stopping or standing of a motor vehicle AND THE TERM
   26  "BICYCLE" SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION ONE  HUNDRED
   27  TWO OF THE VEHICLE AND TRAFFIC LAW.
   28    S  4.  Subdivisions a, b and h of section 19-203 of the administrative
   29  code of the city of New York, subdivision b as amended by section  2  of
   30  part  B  of  chapter  93  of  the  laws  of 2002, are amended to read as
   31  follows:
   32    a. To accept pleas to, and to hear and determine, charges  of  parking
   33  violations  AND OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION OF A
   34  BICYCLE;
   35    b. To provide  for  penalties  other  than  imprisonment  for  parking
   36  violations,  provided  however, that monetary penalties shall not exceed
   37  fifty dollars for each parking violation AND TO  PROVIDE  FOR  PENALTIES
   38  FOR  THE  COMMISSION OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION
   39  OF A BICYCLE IN AMOUNTS AUTHORIZED IN ARTICLE TWO-A OF THE  VEHICLE  AND
   40  TRAFFIC  LAW,  provided  that  monetary  penalties  shall not exceed one
   41  hundred dollars for each parking violation committed in  a  space  where
   42  stopping  or standing is prohibited and provided, further, that monetary
   43  penalties shall not exceed one hundred  fifty  dollars  for  each  hand-
   44  icapped parking violation;
   45    h.  To  prepare and issue a notice of violation in blank to members of
   46  the police department, the fire department, the department of  transpor-
   47  tation  and  to  other officers as the bureau by regulation shall deter-
   48  mine.  The notice of violation, when filled in and sworn to or  affirmed
   49  by  such  designated  officers,  and served as provided in this chapter,
   50  shall constitute notice of the parking violation charged  OR  NOTICE  OF
   51  THE  CHARGE  OF  A  TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF A
   52  BICYCLE, AS THE CASE MAY BE.
   53    S 5.  Subdivision b of section 19-204 of the  administrative  code  of
   54  the city of New York is amended to read as follows:
   55    b.  [The]  IN  THE CASE OF PARKING VIOLATIONS, THE notice of violation
   56  shall be served personally upon the operator of a motor vehicle  who  is
       S. 1964                             3
    1  present  at  the time of service, and his or her name, together with the
    2  license designation as shown by the registration plates on said vehicle,
    3  shall be inserted therein. The notice of violation shall be served  upon
    4  the owner of the motor vehicle if the operator is not present, by affix-
    5  ing  such  notice  to said vehicle in a conspicuous place. Whenever such
    6  notice is so affixed, in lieu  of  inserting  the  name  of  the  person
    7  charged  with the violation in the space provided for the identification
    8  of said person, the words "owner of the motor vehicle  bearing  license"
    9  may  be  inserted  to be followed by the license designation as shown by
   10  the registration plates on  said  vehicle.  Service  of  the  notice  of
   11  violation by affixation as herein provided shall have the same force and
   12  effect  and shall be subject to the same penalties for disregard thereof
   13  as though the same was personally served with the  name  of  the  person
   14  charged  with  the  violation inserted therein.   IN THE CASE OF TRAFFIC
   15  INFRACTIONS ARISING OUT OF THE OPERATION OF A  BICYCLE,  THE  NOTICE  OF
   16  VIOLATION  SHALL BE SERVED PERSONALLY UPON THE OPERATOR OF A BICYCLE WHO
   17  IS PRESENT AT THE TIME OF SERVICE, AND HIS OR HER NAME SHALL BE INSERTED
   18  THEREIN.
   19    S 6.  Paragraph 2 of subdivision a of section 19-205 of  the  adminis-
   20  trative code of the city of New York is amended to read as follows:
   21    2.  Whenever  used  in  this  chapter,  the  term "operator" means any
   22  person, corporation, firm, agency, association or organization that uses
   23  or operates a motor vehicle with or without the permission of the owner,
   24  and an owner who operates his or her own motor vehicle, EXCEPT THAT WITH
   25  RESPECT TO BICYCLES THE TERM "OPERATOR" MEANS ANY INDIVIDUAL WHO USES OR
   26  OPERATES A BICYCLE.
   27    S 7.  Subdivision a of section 19-206 of the  administrative  code  of
   28  the city of New York is amended to read as follows:
   29    a.  Notice  of  hearing.    Whenever  a  person charged with a parking
   30  violation OR A TRAFFIC INFRACTION ARISING OUT  OF  THE  OPERATION  OF  A
   31  BICYCLE enters a plea of not guilty, the bureau shall advise such person
   32  personally or by registered or certified mail, return receipt requested,
   33  of  the  date  on  which he or she must appear to answer the charge at a
   34  hearing.   The form and content of  such  notice  of  hearing  shall  be
   35  prescribed  by  the  director, and shall contain a warning to advise the
   36  person so pleading that failure to appear on the date designated, or  on
   37  any  subsequent  adjourned  date,  shall be deemed, for all purposes, an
   38  admission of liability, and that a default judgment may be rendered.
   39    S 8.  Paragraphs 1 and 6 of subdivision b of  section  19-206  of  the
   40  administrative  code  of  the  city  of  New York are amended to read as
   41  follows:
   42    1. Every hearing for the adjudication of a charge of parking violation
   43  OR TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF A BICYCLE shall be
   44  held before a senior hearing examiner or a hearing examiner  in  accord-
   45  ance with rules and regulations promulgated by the bureau.
   46    6.   The hearing officer shall not examine (I) the parking record of a
   47  person charged WITH A PARKING VIOLATION prior to making a  determination
   48  OR (II) THE TRAFFIC VIOLATIONS RECORD OF A PERSON CHARGED WITH A TRAFFIC
   49  INFRACTION  ARISING  OUT OF THE OPERATION OF A BICYCLE PRIOR TO MAKING A
   50  DETERMINATION.
   51    S 9.  Section 19-207 of the administrative code of  the  city  of  New
   52  York,  subdivision  b  as amended by chapter 269 of the laws of 1987, is
   53  amended to read as follows:
   54    S  19-207  Judgments. a. The hearing officer  shall  make  a  determi-
   55  nation  on  the charges, either sustaining or dismissing them. Where the
   56  hearing officer determines that the charges OF A PARKING VIOLATION  have
       S. 1964                             4
    1  been  sustained  he  or she may examine the parking violations record of
    2  the person charged prior to rendering  a  judgment.  WHERE  THE  HEARING
    3  OFFICER  DETERMINES THAT THE CHARGES OF A TRAFFIC INFRACTION ARISING OUT
    4  OF  THE OPERATION OF A BICYCLE HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE
    5  THE TRAFFIC VIOLATIONS RECORD OF THE PERSON CHARGED PRIOR TO RENDERING A
    6  JUDGMENT.  Judgments sustaining or dismissing charges shall  be  entered
    7  on  a judgment roll maintained by the bureau together with records show-
    8  ing payment and non-payment of penalties.
    9    b. Where an operator or owner fails to enter a plea  to  a  charge  of
   10  parking  violation OR TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF
   11  A BICYCLE, AS THE CASE MAY BE, or fails to appear on a designated  hear-
   12  ing  date or subsequent adjourned date, as prescribed by this chapter or
   13  by rule or regulation of the bureau, such failure to plead or to  appear
   14  shall  be  deemed, for all purposes, an admission of liability and shall
   15  be grounds for rendering and entering  a  default  judgment.    However,
   16  after  the  expiration  of  the  time  prescribed for entering a plea or
   17  making an appearance, and before such default judgment may be  rendered,
   18  the  bureau shall notify such operator or owner, by ordinary mail (1) of
   19  the violation charge, (2) of the impending  default  judgment,  and  (3)
   20  that a default may be avoided by entering a plea or making an appearance
   21  within  thirty  days  of  the  sending  of such notice. Pleas entered or
   22  appearances made within that period shall be in the manner prescribed in
   23  the notice and not subject to additional penalty or fee. Such notice  of
   24  impending  default judgment shall not be required prior to the rendering
   25  and entry thereof in the case of operators or owners who  are  non-resi-
   26  dents  of  the state of New York. In no case shall a default judgment be
   27  rendered or, where required, a notice of impending default  judgment  be
   28  sent,  more  than  two years after the expiration of the time prescribed
   29  for entering a plea or making an appearance.
   30    S 10.  This act shall take effect one year after it shall have  become
   31  a law.
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