S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2461
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 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. 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.
                                                            LBD03388-01-1
              

 A. 2461                             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. 2461                             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 on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.