S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7401
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2019
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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:

   Section 1.  The vehicle and traffic law is amended  by  adding  a  new
 section 223-a to read as follows:
   §  223-A.  PHOTOGRAPHS REQUIRED FOR PARKING VIOLATIONS. 1. THE COMMIS-
 SIONER SHALL REQUIRE THAT ALL  PARKING  VIOLATIONS  ISSUED  PURSUANT  TO
 ARTICLE  TWO-B  OF  THIS  TITLE  BE ACCOMPANIED WITH A PHOTOGRAPH OF THE
 ALLEGED VIOLATION.  SUCH  PHOTOGRAPH  SHALL  BE  TIME/DATE  STAMPED  AND
 CONSPICUOUSLY DISPLAY THE VEHICLE AND RELEVANT PARKING SIGN, IF APPLICA-
 BLE.
   2.  SUCH  PHOTOGRAPHS  SHALL BE STORED WITH THE BUREAU TO BE FURNISHED
 WHENEVER REQUESTED BY THE PERSON CHARGED PURSUANT TO  SUBDIVISION  SIX-A
 OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS TITLE.
   § 2. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 6-a to read as follows:
   6-A.  TO  COMPILE  AND  MAINTAIN  THE PHOTOGRAPHS ASSOCIATED WITH EACH
 PARKING VIOLATION ISSUED.  THE BUREAU SHALL FURNISH WITHIN A  REASONABLE
 PERIOD  OF  TIME  TO THE PERSON CHARGED ON HIS OR HER REQUEST, A COPY OF
 SUCH PHOTOGRAPH;
   § 3. 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

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

                                                            LBD09897-03-9

 A. 7401                             2
 
 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  A  NOTICE  AND  INFORMATION
 REGARDING HOW THE PERSON CHARGED MAY REQUEST A PHOTOGRAPH OF THE ALLEGED
 VIOLATION,  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
 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; AND A NOTICE AND INFORMATION
 REGARDING HOW THE PERSON CHARGED MAY REQUEST A PHOTOGRAPH OF THE ALLEGED
 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  penalties  for  disregard  thereof  as
 though  the  same  was  personally  served  with  the name of the person
 charged with the violation inserted therein.
   § 4. Subdivision 2-a of section 238 of the vehicle and traffic law  is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1)  THE  TIME/DATE  STAMPED PHOTOGRAPH REQUIRED PURSUANT TO SECTION
 TWO HUNDRED TWENTY-THREE-A OF THIS TITLE SHALL BE PRESERVED  TO  USE  AS
 EVIDENCE  UNTIL  A FINAL DETERMINATION ON THE NOTICE IS MADE PURSUANT TO
 THIS ARTICLE.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized to be made or completed
 on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7401--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 1, 2019
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Transportation -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 223-a to read as follows:
   § 223-A. CAMERA TECHNOLOGY REQUIRED FOR PURCHASES OR UPGRADES OF PARK-
 ING VIOLATION DEVICES. 1. ON  AND  AFTER  THE  EFFECTIVE  DATE  OF  THIS
 SECTION,  THE COMMISSIONER SHALL REQUIRE THAT ALL PURCHASES, UPGRADES OR
 REPLACEMENTS OF DEVICES USED TO IDENTIFY PARKING VIOLATIONS AT THE  SITE
 OF  THE VIOLATION SHALL CONTAIN A CAMERA CAPABLE OF CONSPICUOUSLY PHOTO-
 GRAPHING THE VEHICLE, PRODUCING A TIME/DATE STAMP, AND ANY OTHER FACTORS
 RELEVANT TO THE ENFORCEMENT OF PARKING VIOLATIONS  PURSUANT  TO  ARTICLE
 TWO-B  OF  THIS  TITLE. THE COMMISSIONER SHALL ALSO REQUIRE ANY STATE OR
 LOCAL ENTITY THAT CURRENTLY POSSESSES SUCH CAMERA  TECHNOLOGY  TO  IMME-
 DIATELY  IMPLEMENT THE TECHNOLOGY AND COMPLY WITH THE PROVISIONS OF THIS
 SECTION.
   2. NOTHING IN THIS SECTION SHALL INTERFERE WITH ANY RIGHTS,  BENEFITS,
 INCLUDING  THE  TERMS AND CONDITIONS OF EMPLOYMENT, OR THE CIVIL SERVICE
 AND COLLECTIVE BARGAINING STATUS OF ANY EXISTING OR NEW EMPLOYEES.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 223-b to read as follows:
   §  223-B.  PHOTOGRAPHS REQUIRED FOR PARKING VIOLATIONS. 1. THE COMMIS-
 SIONER SHALL REQUIRE THAT ALL  PARKING  VIOLATIONS  ISSUED  PURSUANT  TO
 ARTICLE  TWO-B  OF  THIS  TITLE  BE ACCOMPANIED WITH A PHOTOGRAPH OF THE
 ALLEGED VIOLATION.  SUCH  PHOTOGRAPH  SHALL  BE  TIME/DATE  STAMPED  AND
 CONSPICUOUSLY DISPLAY THE VEHICLE AND RELEVANT PARKING SIGN, IF APPLICA-
 BLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09897-06-9

 A. 7401--A                          2
 
   2.  SUCH  PHOTOGRAPHS  SHALL BE STORED WITH THE BUREAU TO BE FURNISHED
 WHENEVER REQUESTED BY THE PERSON CHARGED PURSUANT TO  SUBDIVISION  SIX-A
 OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS TITLE.
   3.  THE  COMMISSIONER  SHALL  ENSURE,  TO THE EXTENT PRACTICABLE, THAT
 PHOTOGRAPHS REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS  SECTION  SHALL
 NOT  INCLUDE  IMAGES  THAT  IDENTIFY  THE  DRIVER,  THE  PASSENGERS, THE
 CONTENTS OF THE VEHICLE, PEDESTRIANS  OR  CYCLISTS.  PROVIDED,  HOWEVER,
 THAT  NO  VIOLATION  ISSUED  PURSUANT TO THIS SECTION SHALL BE DISMISSED
 SOLELY BECAUSE  A  PHOTOGRAPH  ALLOWS  FOR  THE  IDENTIFICATION  OF  THE
 CONTENTS  OF  A  VEHICLE, PROVIDED THAT THE BUREAU HAS MADE A REASONABLE
 EFFORT TO COMPLY WITH THE  PROVISIONS  OF  THIS  SUBDIVISION.  PROVIDED,
 FURTHER,  THAT  THE  USE OR DISSEMINATION OF THE VEHICLE'S LICENSE PLATE
 INFORMATION AND OTHER INFORMATION AND IMAGES  CAPTURED  BY  SUCH  PHOTO-
 GRAPHS  SHALL  NOT  BE  PERMITTED  EXCEPT:  (A) AS REQUIRED TO ESTABLISH
 LIABILITY UNDER THIS SECTION OR TO COLLECT PAYMENT OF PENALTIES; (B)  AS
 REQUIRED BY COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW.
   § 3. Section 237 of the vehicle and traffic law is amended by adding a
 new subdivision 6-a to read as follows:
   6-A.  TO  COMPILE  AND  MAINTAIN  THE PHOTOGRAPHS ASSOCIATED WITH EACH
 PARKING VIOLATION ISSUED.  THE BUREAU SHALL FURNISH WITHIN A  REASONABLE
 PERIOD  OF  TIME  TO THE PERSON CHARGED ON HIS OR HER REQUEST, A COPY OF
 SUCH PHOTOGRAPH;
   § 4. 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 A NOTICE AND INFORMATION
 REGARDING HOW THE PERSON CHARGED MAY REQUEST A PHOTOGRAPH OF THE ALLEGED
 VIOLATION, 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
 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

 A. 7401--A                          3
 
 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  A  NOTICE  AND  INFORMATION
 REGARDING HOW THE PERSON CHARGED MAY REQUEST A PHOTOGRAPH OF THE ALLEGED
 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 penalties for disregard thereof as
 though the same was personally  served  with  the  name  of  the  person
 charged with the violation inserted therein.
   §  5. Subdivision 2-a of section 238 of the vehicle and traffic law is
 amended by adding a new paragraph (b-1) to read as follows:
   (B-1) THE TIME/DATE STAMPED PHOTOGRAPH REQUIRED  PURSUANT  TO  SECTION
 TWO  HUNDRED  TWENTY-THREE-B  OF THIS TITLE SHALL BE PRESERVED TO USE AS
 EVIDENCE UNTIL A FINAL DETERMINATION ON THE NOTICE IS MADE  PURSUANT  TO
 THIS ARTICLE.
   § 6. This act shall take effect immediately.