Senate Bill S245

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

                                   245

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. MARTINS -- 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  notices  of
  parking violations

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

  Section 1. Subdivision 2 of section 238 of  the  vehicle  and  traffic
law,  as  amended by chapter 224 of the laws of 1995, is amended to read
as follows:
  2. A notice of violation shall be served personally upon the  operator
of  a motor vehicle who is present at the time of service, and his name,
together with the plate designation and the plate type as shown  by  the
registration plates of said vehicle and the expiration date; the make or
model,  and  body  type  of  said  vehicle; a description of the charged
violation, including but not limited to a reference  to  the  applicable
traffic  rule  or  provision of this chapter; information as to the days
and hours the applicable rule or provision of this chapter is in effect,
unless always in effect pursuant to  rule  or  this  chapter  and  where
appropriate the word ALL when the days and/or hours in effect are every-
day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
violation, where appropriate; [and] the date, time and particular  place
of  occurrence of the charged violation; AND THE PRINTED NAME, SIGNATURE
AND BADGE NUMBER OR OTHER IDENTIFYING NUMBER OF THE OFFICER ISSUING SUCH
NOTICE, shall be inserted therein. A mere listing of a meter  number  in
cases  of  charged  meter violations shall not be deemed to constitute a
sufficient description of a particular place of occurrence for  purposes
of  this  subdivision.  The notice of violation shall be served upon the
owner of the motor vehicle if the operator is not present,  by  affixing
such notice to said vehicle in a conspicuous place. Whenever such notice
is  so affixed, in lieu of inserting the name of the person charged with

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

                                                           LBD02146-01-5

S. 245                              2

the violation in the space  provided  for  the  identification  of  said
person, the words "owner of the vehicle bearing license" may be inserted
to  be  followed by the plate designation and plate type as shown by the
registration  plates  of said vehicle together with the expiration date;
the make or model, and body type of said vehicle; a description  of  the
charged  violation,  including  but  not  limited  to a reference to the
applicable traffic rule or provision of this chapter; information as  to
the  days  and hours the applicable rule or provision of this chapter is
in effect unless always in effect pursuant to rule or this  chapter  and
where  appropriate the word ALL when the days and/or hours in effect are
every day and/or twenty-four hours a day; the meter number for  a  meter
violation  where appropriate; and the date, time and particular place of
occurrence  of  the  charged  violation.    Service  of  the  notice  of
violation, or a duplicate thereof by affixation as herein provided shall
have  the  same force and effect and shall be subject to the same penal-
ties for disregard thereof as though the same was personally served with
the name of the person charged with the violation inserted therein.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.