Bill Text: NY S02471 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires that photographs of all parking violations be taken and maintained; requires that such photographs be furnished to the person charged in a reasonable time upon request.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO TRANSPORTATION [S02471 Detail]
Download: New_York-2023-S02471-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2471 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ Introduced by Sen. LIU -- 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 requiring photographs of all parking violations 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 223-b to read as follows: 3 § 223-b. Camera technology required for purchases or upgrades of park- 4 ing violation devices. 1. On and after the effective date of this 5 section, the commissioner shall require that all purchases, upgrades or 6 replacements of devices used to identify parking violations at the site 7 of the violation shall contain a camera capable of conspicuously photo- 8 graphing the vehicle, producing a time/date stamp, and any other factors 9 relevant to the enforcement of parking violations pursuant to article 10 two-B of this title. The commissioner shall also require any state or 11 local entity that currently possesses such camera technology to imme- 12 diately implement the technology and comply with the provisions of this 13 section. 14 2. Nothing in this section shall interfere with any rights, benefits, 15 including the terms and conditions of employment, or the civil service 16 and collective bargaining status of any existing or new employees. 17 § 2. The vehicle and traffic law is amended by adding a new section 18 223-c to read as follows: 19 § 223-c. Photographs required for parking violations. 1. The commis- 20 sioner shall require that all parking violations issued pursuant to 21 article two-B of this title be accompanied with a photograph of the 22 alleged violation. Such photograph shall be time/date stamped and 23 conspicuously display the vehicle and relevant parking sign, if applica- 24 ble. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06436-01-3S. 2471 2 1 2. Such photographs shall be stored with the bureau to be furnished 2 whenever requested by the person charged pursuant to subdivision six-a 3 of section two hundred thirty-seven of this title. 4 3. The commissioner shall ensure, to the extent practicable, that 5 photographs required pursuant to subdivision one of this section shall 6 not include images that identify the driver, the passengers, the 7 contents of the vehicle, pedestrians or cyclists. Provided, however, 8 that no violation issued pursuant to this section shall be dismissed 9 solely because a photograph allows for the identification of the 10 contents of a vehicle, provided that the bureau has made a reasonable 11 effort to comply with the provisions of this subdivision. Provided, 12 further, that the use or dissemination of the vehicle's license plate 13 information and other information and images captured by such photo- 14 graphs shall not be permitted except: (a) as required to establish 15 liability under this section or to collect payment of penalties; (b) as 16 required by court order; or (c) as otherwise required by law. 17 § 3. Section 237 of the vehicle and traffic law is amended by adding a 18 new subdivision 6-a to read as follows: 19 6-a. To compile and maintain the photographs associated with each 20 parking violation issued. The bureau shall furnish within a reasonable 21 period of time to the person charged on his or her request, a copy of 22 such photograph; 23 § 4. Subdivision 2 of section 238 of the vehicle and traffic law, as 24 amended by chapter 224 of the laws of 1995, is amended to read as 25 follows: 26 2. A notice of violation shall be served personally upon the operator 27 of a motor vehicle who is present at the time of service, and his name, 28 together with the plate designation and the plate type as shown by the 29 registration plates of said vehicle and the expiration date; the make or 30 model, and body type of said vehicle; a description of the charged 31 violation, including but not limited to a reference to the applicable 32 traffic rule or provision of this chapter; information as to the days 33 and hours the applicable rule or provision of this chapter is in effect, 34 unless always in effect pursuant to rule or this chapter and where 35 appropriate the word ALL when the days and/or hours in effect are every- 36 day and/or twenty-four hours a day; the meter number for a meter 37 violation, where appropriate; [and] the date, time and particular place 38 of occurrence of the charged violation; and a notice and information 39 regarding how the person charged may request a photograph of the alleged 40 violation, shall be inserted therein. A mere listing of a meter number 41 in cases of charged meter violations shall not be deemed to constitute a 42 sufficient description of a particular place of occurrence for purposes 43 of this subdivision. The notice of violation shall be served upon the 44 owner of the motor vehicle if the operator is not present, by affixing 45 such notice to said vehicle in a conspicuous place. Whenever such notice 46 is so affixed, in lieu of inserting the name of the person charged with 47 the violation in the space provided for the identification of said 48 person, the words "owner of the vehicle bearing license" may be inserted 49 to be followed by the plate designation and plate type as shown by the 50 registration plates of said vehicle together with the expiration date; 51 the make or model, and body type of said vehicle; a description of the 52 charged violation, including but not limited to a reference to the 53 applicable traffic rule or provision of this chapter; information as to 54 the days and hours the applicable rule or provision of this chapter is 55 in effect unless always in effect pursuant to rule or this chapter and 56 where appropriate the word ALL when the days and/or hours in effect areS. 2471 3 1 every day and/or twenty-four hours a day; the meter number for a meter 2 violation where appropriate; [and] the date, time and particular place 3 of occurrence of the charged violation; and a notice and information 4 regarding how the person charged may request a photograph of the alleged 5 violation. Service of the notice of violation, or a duplicate thereof 6 by affixation as herein provided shall have the same force and effect 7 and shall be subject to the same penalties for disregard thereof as 8 though the same was personally served with the name of the person 9 charged with the violation inserted therein. 10 § 5. Subdivision 2-a of section 238 of the vehicle and traffic law is 11 amended by adding a new paragraph (b-1) to read as follows: 12 (b-1) The time/date stamped photograph required pursuant to section 13 two hundred twenty-three-c of this title shall be preserved to use as 14 evidence until a final determination on the notice is made pursuant to 15 this article. 16 § 6. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law. Effective immediately, the addition, amend- 18 ment and/or repeal of any rule or regulation necessary for the implemen- 19 tation of this act on its effective date are authorized to be made and 20 completed on or before such effective date.
