Assembly Bill A5040

2015-2016 Legislative Session

Prohibits the removal or seizure of a vehicle for failure to satisfy outstanding parking violation judgments when such vehicle is occupied

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A5040 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1204, V & T L; amd §19-212, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2009-2010: A3542
2011-2012: A3052
2013-2014: A4340
2017-2018: A767
2019-2020: A523
2021-2022: A1655

2015-A5040 (ACTIVE) - Summary

Prohibits the removal or seizure of a vehicle for failure to satisfy outstanding parking violation judgments when such vehicle is occupied and, in the city of New York, also prohibits the removal of such a vehicle unless the total amount of outstanding parking judgments is more than $500 and the vehicle cannot be impounded by booting it where it is found; prohibits excessive towing charges.

2015-A5040 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5040

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2015
                               ___________

Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
  HIKIND, HOOPER -- read once and referred to the Committee on Transpor-
  tation

AN ACT to amend the vehicle and traffic law and the administrative  code
  of  the city of New York, in relation to the removal of motor vehicles
  for the failure to satisfy judgments in certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision (b) of section 1204 of the vehicle and traffic
law is amended by adding a new paragraph 3 to read as follows:
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MOTOR VEHICLE  REGIS-
TERED  IN THIS STATE SHALL NOT BE REMOVED FROM ANY STREET OR PUBLIC AREA
OR SEIZED SOLELY FOR THE PURPOSE OF SATISFYING AN  OUTSTANDING  JUDGMENT
OR JUDGMENTS FOR PARKING VIOLATIONS AGAINST THE OWNER IF SUCH VEHICLE IS
OCCUPIED.
  S  2.  Section  19-212  of  the administrative code of the city of New
York, as amended by local law number 65 of the city of New York for  the
year 2005, is amended to read as follows:
  S  19-212  Limitation  on  removal  of  motor vehicles for purposes of
satisfying parking violation judgments.  A.  Notwithstanding  any  other
provision  of  law, a motor vehicle shall not be removed from any street
or other public area solely for the purpose of satisfying an outstanding
judgment or judgments for parking violations against the owner  IF  SUCH
VEHICLE IS OCCUPIED; IF SUCH VEHICLE IS UNOCCUPIED IT MAY NOT BE REMOVED
unless  the total amount of such judgment or judgments, including inter-
est, is greater than [three] FIVE hundred [fifty] dollars AND THE  VEHI-
CLE CANNOT BE IMPOUNDED BY BOOTING IT WHERE IT IS FOUND.  The provisions
of  this  section  shall  not  be construed to prohibit the removal of a
motor vehicle which is illegally parked, stopped or standing.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03752-01-5

A. 5040                             2

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