Bill Text: NY S03354 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the service of notice of parking violations by certified mail where the operator is present and refuses service.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S03354 Detail]

Download: New_York-2011-S03354-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3354
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 17, 2011
                                      ___________
       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
   25  license"  may  be  inserted  to be followed by the plate designation and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08690-01-1
       S. 3354                             2
    1  plate type as shown by the registration plates of said vehicle  together
    2  with the expiration date; the make or model, and body type of said vehi-
    3  cle;  a  description of the charged violation, including but not limited
    4  to a reference to the applicable traffic rule or provision of this chap-
    5  ter;  information  as  to  the  days  and  hours  the applicable rule or
    6  provision of this chapter is in effect unless always in effect  pursuant
    7  to rule or this chapter and where appropriate the word ALL when the days
    8  and/or hours in effect are every day and/or twenty-four hours a day; the
    9  meter number for a meter violation where appropriate; and the date, time
   10  and particular place of occurrence of the charged violation.  Service of
   11  the  notice of violation, or a duplicate thereof by affixation as [here-
   12  in] provided IN THIS SECTION shall have the same force  and  effect  and
   13  shall  be  subject to the same penalties for disregard thereof as though
   14  the same was personally served with the name of the person charged  with
   15  the  violation  inserted therein.   WHERE AN OPERATOR OF A MOTOR VEHICLE
   16  REFUSES TO ACCEPT PERSONAL SERVICE OF THE NOTICE  OF  VIOLATION,  NOTICE
   17  SHALL  BE SERVED ON THE OWNER BY CERTIFIED MAIL TO THE LAST KNOWN REGIS-
   18  TERED ADDRESS. IF NOTICE IS SERVED BY  CERTIFIED  MAIL,  THE  NOTICE  OF
   19  VIOLATION SHALL STATE THAT THE OPERATOR WAS PRESENT AND REFUSED PERSONAL
   20  SERVICE.
   21    S 2. This act shall take effect immediately.