Assembly Bill A10228

2023-2024 Legislative Session

Provides for service of parking tickets by mail

download bill text pdf

Sponsored By

Current 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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2023-A10228 (ACTIVE) - Details

See Senate Version of this Bill:
S9562
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §238, V & T L

2023-A10228 (ACTIVE) - Summary

Provides for service of parking tickets by mail; provides additional time to respond to a parking ticket so served.

2023-A10228 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10228
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  providing
   for service of parking tickets by mail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 2 of section  238  of  the  vehicle  and
 traffic  law, subdivision 1 as added by chapter 715 of the laws of 1972,
 and subdivision 2 as amended by chapter 224 of the  laws  of  1995,  are
 amended to read as follows:
   1.  The  notice  of  violation  shall contain information advising the
 person charged of the manner and the time in which [he] SUCH PERSON  may
 plead  either  guilty  or  not  guilty  to  the violation alleged in the
 notice. Such notice of violation shall also contain a warning to  advise
 the person charged that failure to plead in the manner and time provided
 shall  be  deemed  an admission of liability and that a default judgment
 may be entered thereon.  WHERE SUCH NOTICE IS SERVED BY FIRST-CLASS MAIL
 TO A POST OFFICE  BOX  ADDRESS  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION,  THE  PERSON CHARGED SHALL BE GIVEN AN ADDITIONAL SIXTY DAYS TO
 RESPOND TO THE NOTICE. The form and wording of the notice  of  violation
 shall  be  prescribed  by  the  director.  A duplicate of each notice of
 violation shall be served on the person charged in the manner hereinaft-
 er provided. The original or a facsimile  thereof  shall  be  filed  and
 retained  by  the bureau, and shall be deemed a record kept in the ordi-
 nary course of business, and shall be prima facie evidence of the  facts
 contained therein.
   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]
 THEIR  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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