Bill Text: NY S09734 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to the contents and adjudication, of notices of violation returnable to a parking violations bureau in New York city; increases the fine for tractors, trailers, or related vehicles that park on residential streets overnight.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-24 - PRINT NUMBER 9734A [S09734 Detail]
Download: New_York-2023-S09734-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9734--A IN SENATE May 23, 2024 ___________ Introduced by Sen. COMRIE -- (at request of the NYC Finance) -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the administrative code of the city of New York, in relation to the contents and adjudication, of notices of violation returnable to a parking violations bureau, and to increase the fine for tractors, trailers, or related vehicles that park on residential streets overnight 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 237 of the vehicle and traffic 2 law, as amended by chapter 458 of the laws of 2010, is amended to read 3 as follows: 4 2. To provide for penalties other than imprisonment for (a) parking 5 violations in accordance with a schedule of monetary fines and penal- 6 ties, provided however, that monetary penalties shall not exceed fifty 7 dollars for each parking violation other than (i) in a city with a popu- 8 lation of one million or more, violations committed in spaces where 9 stopping or standing is prohibited for which monetary penalties shall 10 not exceed one hundred dollars and, (ii) handicapped parking violations 11 for which monetary penalties shall not exceed one hundred fifty dollars; 12 and (b) abandoned vehicle violations, except in a city with a population 13 of one million or more, provided however, that monetary penalties shall 14 not be less than two hundred fifty dollars nor more than one thousand 15 dollars for each abandoned vehicle violation; and (c) a city with a 16 population of one million or more may impose a monetary penalty of up to 17 [two hundred fifty] one thousand dollars for [a first] each offense [and18up to five hundred dollars for subsequent offenses within a six month19period] for tractor-trailer combinations, tractors, truck trailers 20 [and], semi-trailers, and semi-trailers without a towing vehicle 21 attached parked overnight on streets in residential neighborhoods; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11660-05-4S. 9734--A 2 1 § 2. Subdivision 2 of section 238 of the vehicle and traffic law, as 2 amended by chapter 224 of the laws of 1995, is amended to read as 3 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] such 6 operator's name, together with the plate designation and the plate type 7 as shown by the registration plates of said vehicle and the expiration 8 date, provided that where the vehicle has no such registration plate 9 issued by the commissioner, the commissioner's agent, or the equivalent 10 official or agents from another state, territory, district, province, 11 nation or other jurisdiction, or where such registration plate is 12 concealed or obscured, the vehicle identification number may be inserted 13 in such notice in place of or in addition to the plate designation and 14 plate type; the make or model, and, provided that a body type is indi- 15 cated on the registration sticker of said vehicle, the body type of said 16 vehicle; a description of the charged violation, including but not 17 limited to a reference to the applicable traffic rule or provision of 18 this chapter; information as to the days and hours the applicable rule 19 or provision of this chapter is in effect, unless always in effect 20 pursuant to rule or this chapter and where appropriate the word ALL when 21 the days and/or hours in effect are everyday and/or twenty-four hours a 22 day; the meter number for a meter violation, where appropriate; and the 23 date, time and particular place of occurrence of the charged violation, 24 shall be inserted therein. A mere listing of a meter number in cases of 25 charged meter violations shall not be deemed to constitute a sufficient 26 description of a particular place of occurrence for purposes of this 27 subdivision. The notice of violation shall be served upon the owner of 28 the motor vehicle if the operator is not present, by affixing such 29 notice to said vehicle in a conspicuous place. Whenever such notice is 30 so affixed, in lieu of inserting the name of the person charged with the 31 violation in the space provided for the identification of said person, 32 the words "owner of the vehicle bearing license" may be inserted to be 33 followed by the plate designation and plate type as shown by the regis- 34 tration plates of said vehicle together with the expiration date, 35 provided that where the vehicle has no such registration plate issued by 36 the commissioner, the commissioner's agent, or the equivalent official 37 or agents from another state, territory, district, province, nation or 38 other jurisdiction, or where such registration plate is concealed or 39 obscured, the vehicle identification number may be inserted in such 40 notice in place of the plate designation and plate type, such notice 41 shall indicate the reason for insertion of such vehicle identification 42 number, and supporting photographic documentation may be provided; the 43 make or model, and, provided that a body type is indicated on the regis- 44 tration sticker of said vehicle, the body type of said vehicle; a 45 description of the charged violation, including but not limited to a 46 reference to the applicable traffic rule or provision of this chapter; 47 information as to the days and hours the applicable rule or provision of 48 this chapter is in effect unless always in effect pursuant to rule or 49 this chapter and where appropriate the word ALL when the days and/or 50 hours in effect are every day and/or twenty-four hours a day; the meter 51 number for a meter violation where appropriate; and the date, time and 52 particular place of occurrence of the charged violation. Service of the 53 notice of violation, or a duplicate thereof by affixation as herein 54 provided shall have the same force and effect and shall be subject to 55 the same penalties for disregard thereof as though the same wasS. 9734--A 3 1 personally served with the name of the person charged with the violation 2 inserted therein. 3 § 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle 4 and traffic law, as added by chapter 224 of the laws of 1995, is amended 5 to read as follows: 6 (a) Notwithstanding any inconsistent provision of subdivision two of 7 this section, where the plate type or the expiration date are not shown 8 on either the registration plates or sticker of a vehicle or where the 9 registration sticker is covered, faded, defaced or mutilated so that it 10 is unreadable, or cannot be located on such vehicle, the plate type or 11 the expiration date may be omitted from the notice of violation; 12 provided, however, [such] that the condition or absence of such plates 13 or sticker must be so described and inserted on the notice of violation 14 and that supporting photographic documentation may be provided. 15 § 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section 16 238 of the vehicle and traffic law, as added by chapter 409 of the laws 17 of 2001, is amended to read as follows: 18 (ii) Notice shall be served on the owner by mail to the last known 19 registered address within the greater of six years of the date of the 20 dismissal or two years of the time that the enforcing authority discov- 21 ers, or could with reasonable diligence have discovered, that the 22 dismissal was procured due to the knowing fraud, false testimony, 23 misrepresentation, or other misconduct, or the knowing alteration of a 24 notice of parking violation, by the person so charged or [his or her] 25 such person's agent, employee, or representative. Such notice shall fix 26 a time when and place where a hearing shall be held before a hearing 27 examiner to determine whether or not dismissal of a charged parking 28 violation shall be set aside. Such notice shall set forth the basis for 29 setting aside the dismissal and advise the owner that failure to appear 30 at the date and time indicated in such notice shall be deemed an admis- 31 sion of liability and shall result in the setting aside of the dismissal 32 and entry of a determination on the charged parking violation. Such 33 notice shall also contain a warning that civil penalties may be imposed 34 for the violation pursuant to this paragraph and that a default judgment 35 may be entered thereon. 36 § 5. Section 242 of the vehicle and traffic law is amended by adding a 37 new subdivision 3-a to read as follows: 38 3-a. Notwithstanding any provision of this section to the contrary, in 39 cities having a population of one million or more persons, an adminis- 40 trative appeal of a determination regarding a notice of violation served 41 on an owner or operator of a commercial vehicle, as such term is defined 42 in section 4-01 of title thirty-four of the rules of the city of New 43 York, shall be conducted only when an appellant has either: 44 (a) posted a bond in the amount of the determination appealed from; or 45 (b) paid to the parking violations bureau the following penalties and 46 surcharges, as applicable: 47 (i) any penalty imposed pursuant to a notice of liability issued 48 pursuant to a program authorized by section three hundred eighty-five-a, 49 eleven hundred eleven-a, eleven hundred eleven-c, eleven hundred 50 eleven-c-one, or eleven hundred eighty-b of this chapter, other than any 51 additional penalty imposed for failure to respond to a notice of liabil- 52 ity within the prescribed time period; and 53 (ii) any surcharge levied pursuant to a notice of violation issued in 54 accordance with sections eighteen hundred nine-a and eighteen hundred 55 nine-b of this chapter.S. 9734--A 4 1 § 6. Subdivision 6 of section 242 of the vehicle and traffic law, as 2 added by chapter 515 of the laws of 2004, is amended to read as follows: 3 6. When charges have been overturned by a court or any other adminis- 4 trative body or officer, the party in whose favor the appeal is decided 5 shall be entitled to have returned an amount equal to any fine or penal- 6 ty imposed and collected from the parking violations bureau, less an 7 amount equal to any such penalty described in subparagraph (i) of para- 8 graph (b) of subdivision three-a of this section that was paid after the 9 time period to contest the notice of liability has expired, within thir- 10 ty days of the entry of the judgement; provided, however, that such 11 court, administrative body or officer shall have the authority to lessen 12 from such amount any debt owed by such party and shall apply this amount 13 to any outstanding fines and penalties owed by the same individual. If 14 payment is not made within thirty days, a penalty shall accrue at the 15 same rate as that imposed for failure to make timely payment of a fine 16 and shall be paid by the parking violations bureau; provided, however, 17 that in a city with a population of one million or more, where such 18 amount exceeds five thousand dollars, a court may extend the time for a 19 parking violations bureau to return such an amount to a reasonable peri- 20 od of time after entry of the judgment. 21 § 7. Subdivisions (a) and (b) of section 1204 of the vehicle and traf- 22 fic law, as amended by chapter 193 of the laws of 1974, are amended to 23 read as follows: 24 (a) Whenever any police officer, or in a city having a population in 25 excess of one million any person designated by the commissioner of 26 [traffic] transportation of such city or on highways under the jurisdic- 27 tion of the New York state thruway authority, the office of parks and 28 recreation, a county park commission, a parkway authority, a bridge 29 authority or a bridge and tunnel authority any person designated by such 30 office, commission or authority, finds a vehicle standing upon a highway 31 in violation of any of the foregoing provisions of this article such 32 officer is hereby authorized to move such vehicle, or require the driver 33 or other person in charge of the vehicle to move the same to a position 34 off the paved or main-traveled part of such highway. 35 (b) 1. Whenever any police officer, or in a city having a population 36 in excess of one million any person designated by the commissioner of 37 [traffic] transportation of such city or on highways under the jurisdic- 38 tion of the New York state thruway authority, the office of parks and 39 recreation, a county park commission, a parkway authority, a bridge 40 authority or a bridge and tunnel authority any person designated by such 41 office, commission or authority finds a vehicle unattended where it 42 constitutes an obstruction to traffic, or any place where stopping, 43 standing or parking is prohibited, such officer is hereby authorized to 44 provide for the removal of such vehicle, semitrailer or trailer to a 45 garage, automobile pound or other place of safety. 46 2. In any city with a population of one million or more, whenever any 47 police officer, or any person designated by the commissioner of [traf-48fic] transportation, finds a tractor-trailer combination, tractor, truck 49 trailer, semitrailer or trailer without a tractor or towing vehicle 50 attached, parked or unattended on any city street, such officer or 51 person designated by [the] such commissioner [of traffic] is hereby 52 authorized to provide for the removal of such [semitrailer] vehicle or 53 trailer to a garage, automobile pound or other place of safety, provided 54 that such a vehicle or trailer found parked or unattended while 55 connected to a state or local government sanctioned film or television 56 production shall be removed pursuant to such authority only where neces-S. 9734--A 5 1 sary to protect public safety or as otherwise authorized by law. In 2 addition to any other charge authorized by this section, the owner or 3 other person lawfully entitled to the possession of a vehicle or trailer 4 removed pursuant to this paragraph, other than such a vehicle or trailer 5 found parked or unattended while connected to a state or local govern- 6 ment sanctioned film or television production, shall be subject to a 7 fine of up to one thousand dollars. 8 § 8. Subdivision c of section 19-170 of the administrative code of the 9 city of New York, as amended by local law number 74 of the city of New 10 York for the year 2019, is amended to read as follows: 11 c. 1. Except as otherwise provided in [paragraphs 2 and 3] paragraph 12 two of this subdivision, a violation of this section shall be punishable 13 by the monetary fine authorized for violation of the rules and regu- 14 lations of the commissioner in paragraph [1] one of subdivision a of 15 section [2903] twenty-nine hundred three of the charter. 16 2. A [first] violation of this section, when the commercial vehicle is 17 a tractor-trailer combination, tractor, truck trailer [or], semi-trailer 18 or semi-trailer without a towing vehicle attached, shall be punishable 19 by a monetary [fine] penalty of [$250] up to one thousand dollars. [Any20such subsequent violation of this section by the same owner, as defined21in paragraph a of subdivision 1 of section 239 of the vehicle and traf-22fic law, within a six month period shall be punishable by a monetary23fine of $500.243. As an alternative to any other means of enforcement of this subdi-25vision authorized by law, a first violation of subdivision b of this26section, when the commercial vehicle is a tractor-trailer combination,27tractor, truck trailer or semi-trailer, shall be punishable by a civil28penalty of $400. Any such subsequent violation of subdivision b of this29section by the same owner, as defined in paragraph a of subdivision 1 of30section 239 of the vehicle and traffic law, within a six month period31shall be punishable by a civil penalty of $800. Such civil penalties32shall be recoverable in a proceeding before the office of administrative33trials and hearings.] 34 § 9. This act shall take effect immediately, provided that section 35 four of this act shall apply with respect to any determination made on 36 or after the first day of the first month succeeding the sixtieth day 37 after this act shall have become a law.
