S T A T E O F N E W Y O R K
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10567
I N A S S E M B L Y
June 4, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cunningham)
-- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to the contents and adjudication,
of notices of violation returnable to a parking violations bureau, and
to increase the fine for tractors, trailers, or related vehicles that
park on residential streets overnight
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 237 of the vehicle and traffic
law, as amended by chapter 458 of the laws of 2010, is amended to read
as follows:
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and penal-
ties, provided however, that monetary penalties shall not exceed fifty
dollars for each parking violation other than (i) in a city with a popu-
lation of one million or more, violations committed in spaces where
stopping or standing is prohibited for which monetary penalties shall
not exceed one hundred dollars and, (ii) handicapped parking violations
for which monetary penalties shall not exceed one hundred fifty dollars;
and (b) abandoned vehicle violations, except in a city with a population
of one million or more, provided however, that monetary penalties shall
not be less than two hundred fifty dollars nor more than one thousand
dollars for each abandoned vehicle violation; and (c) a city with a
population of one million or more may impose a monetary penalty of up to
[two hundred fifty] ONE THOUSAND dollars for [a first] EACH offense [and
up to five hundred dollars for subsequent offenses within a six month
period] for tractor-trailer combinations, tractors, truck trailers
[and], semi-trailers, AND SEMI-TRAILERS WITHOUT A TOWING VEHICLE
ATTACHED parked overnight on streets in residential neighborhoods;
§ 2. 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11660-06-4
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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] SUCH
OPERATOR'S name, together with the plate designation and the plate type
as shown by the registration plates of said vehicle and the expiration
date, PROVIDED THAT WHERE THE VEHICLE HAS NO SUCH REGISTRATION PLATE
ISSUED BY THE COMMISSIONER, THE COMMISSIONER'S AGENT, OR THE EQUIVALENT
OFFICIAL OR AGENTS FROM ANOTHER STATE, TERRITORY, DISTRICT, PROVINCE,
NATION OR OTHER JURISDICTION, OR WHERE SUCH REGISTRATION PLATE IS
CONCEALED OR OBSCURED, THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED
IN SUCH NOTICE IN PLACE OF OR IN ADDITION TO THE PLATE DESIGNATION AND
PLATE TYPE; the make or model, and, PROVIDED THAT A BODY TYPE IS INDI-
CATED ON THE REGISTRATION STICKER OF SAID VEHICLE, THE 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 everyday 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,
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 regis-
tration plates of said vehicle together with the expiration date,
PROVIDED THAT WHERE THE VEHICLE HAS NO SUCH REGISTRATION PLATE ISSUED BY
THE COMMISSIONER, THE COMMISSIONER'S AGENT, OR THE EQUIVALENT OFFICIAL
OR AGENTS FROM ANOTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR
OTHER JURISDICTION, OR WHERE SUCH REGISTRATION PLATE IS CONCEALED OR
OBSCURED, THE VEHICLE IDENTIFICATION NUMBER MAY BE INSERTED IN SUCH
NOTICE IN PLACE OF THE PLATE DESIGNATION AND PLATE TYPE, SUCH NOTICE
SHALL INDICATE THE REASON FOR INSERTION OF SUCH VEHICLE IDENTIFICATION
NUMBER, AND SUPPORTING PHOTOGRAPHIC DOCUMENTATION MAY BE PROVIDED; the
make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED ON THE REGIS-
TRATION STICKER OF SAID VEHICLE, THE 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 penalties for disregard thereof as though the same was
personally served with the name of the person charged with the violation
inserted therein.
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§ 3. Paragraph (a) of subdivision 2-a of section 238 of the vehicle
and traffic law, as added by chapter 224 of the laws of 1995, is amended
to read as follows:
(a) Notwithstanding any inconsistent provision of subdivision two of
this section, where the plate type or the expiration date are not shown
on either the registration plates or sticker of a vehicle or where the
registration sticker is covered, faded, defaced or mutilated so that it
is unreadable, OR CANNOT BE LOCATED ON SUCH VEHICLE, the plate type or
the expiration date may be omitted from the notice of violation;
provided, however, [such] THAT THE condition OR ABSENCE OF SUCH PLATES
OR STICKER must be so described and inserted on the notice of violation
AND THAT SUPPORTING PHOTOGRAPHIC DOCUMENTATION MAY BE PROVIDED.
§ 4. Subparagraph (ii) of paragraph (c) of subdivision 2-a of section
238 of the vehicle and traffic law, as added by chapter 409 of the laws
of 2001, is amended to read as follows:
(ii) Notice shall be served on the owner by mail to the last known
registered address within THE GREATER OF SIX YEARS OF THE DATE OF THE
DISMISSAL OR two years of the time that the enforcing authority discov-
ers, or could with reasonable diligence have discovered, that the
dismissal was procured due to the knowing fraud, false testimony,
misrepresentation, or other misconduct, or the knowing alteration of a
notice of parking violation, by the person so charged or [his or her]
SUCH PERSON'S agent, employee, or representative. Such notice shall fix
a time when and place where a hearing shall be held before a hearing
examiner to determine whether or not dismissal of a charged parking
violation shall be set aside. Such notice shall set forth the basis for
setting aside the dismissal and advise the owner that failure to appear
at the date and time indicated in such notice shall be deemed an admis-
sion of liability and shall result in the setting aside of the dismissal
and entry of a determination on the charged parking violation. Such
notice shall also contain a warning that civil penalties may be imposed
for the violation pursuant to this paragraph and that a default judgment
may be entered thereon.
§ 5. Section 242 of the vehicle and traffic law is amended by adding a
new subdivision 3-a to read as follows:
3-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, IN
CITIES HAVING A POPULATION OF ONE MILLION OR MORE PERSONS, AN ADMINIS-
TRATIVE APPEAL OF A DETERMINATION REGARDING A NOTICE OF VIOLATION SERVED
ON AN OWNER OR OPERATOR OF A COMMERCIAL VEHICLE, AS SUCH TERM IS DEFINED
IN SECTION 4-01 OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW
YORK, SHALL BE CONDUCTED ONLY WHEN AN APPELLANT HAS EITHER:
(A) POSTED A BOND IN THE AMOUNT OF THE DETERMINATION APPEALED FROM; OR
(B) PAID TO THE PARKING VIOLATIONS BUREAU THE FOLLOWING PENALTIES AND
SURCHARGES, AS APPLICABLE:
(I) ANY PENALTY IMPOSED PURSUANT TO A NOTICE OF LIABILITY ISSUED
PURSUANT TO A PROGRAM AUTHORIZED BY SECTION THREE HUNDRED EIGHTY-FIVE-A,
ELEVEN HUNDRED ELEVEN-A, ELEVEN HUNDRED ELEVEN-C, ELEVEN HUNDRED
ELEVEN-C-ONE, OR ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, OTHER THAN ANY
ADDITIONAL PENALTY IMPOSED FOR FAILURE TO RESPOND TO A NOTICE OF LIABIL-
ITY WITHIN THE PRESCRIBED TIME PERIOD; AND
(II) ANY SURCHARGE LEVIED PURSUANT TO A NOTICE OF VIOLATION ISSUED IN
ACCORDANCE WITH SECTIONS EIGHTEEN HUNDRED NINE-A AND EIGHTEEN HUNDRED
NINE-B OF THIS CHAPTER.
§ 6. Subdivision 6 of section 242 of the vehicle and traffic law, as
added by chapter 515 of the laws of 2004, is amended to read as follows:
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6. When charges have been overturned by a court or any other adminis-
trative body or officer, the party in whose favor the appeal is decided
shall be entitled to have returned an amount equal to any fine or penal-
ty imposed and collected from the parking violations bureau, LESS AN
AMOUNT EQUAL TO ANY SUCH PENALTY DESCRIBED IN SUBPARAGRAPH (I) OF PARA-
GRAPH (B) OF SUBDIVISION THREE-A OF THIS SECTION THAT WAS PAID AFTER THE
TIME PERIOD TO CONTEST THE NOTICE OF LIABILITY HAS EXPIRED, within thir-
ty days of the entry of the judgement; provided, however, that such
court, administrative body or officer shall have the authority to lessen
from such amount any debt owed by such party and shall apply this amount
to any outstanding fines and penalties owed by the same individual. If
payment is not made within thirty days, a penalty shall accrue at the
same rate as that imposed for failure to make timely payment of a fine
and shall be paid by the parking violations bureau; PROVIDED, HOWEVER,
THAT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, WHERE SUCH
AMOUNT EXCEEDS FIVE THOUSAND DOLLARS, A COURT MAY EXTEND THE TIME FOR A
PARKING VIOLATIONS BUREAU TO RETURN SUCH AN AMOUNT TO A REASONABLE PERI-
OD OF TIME AFTER ENTRY OF THE JUDGMENT.
§ 7. Subdivisions (a) and (b) of section 1204 of the vehicle and traf-
fic law, as amended by chapter 193 of the laws of 1974, are amended to
read as follows:
(a) Whenever any police officer, or in a city having a population in
excess of one million any person designated by the commissioner of
[traffic] TRANSPORTATION of such city or on highways under the jurisdic-
tion of the New York state thruway authority, the office of parks and
recreation, a county park commission, a parkway authority, a bridge
authority or a bridge and tunnel authority any person designated by such
office, commission or authority, finds a vehicle standing upon a highway
in violation of any of the foregoing provisions of this article such
officer is hereby authorized to move such vehicle, or require the driver
or other person in charge of the vehicle to move the same to a position
off the paved or main-traveled part of such highway.
(b) 1. Whenever any police officer, or in a city having a population
in excess of one million any person designated by the commissioner of
[traffic] TRANSPORTATION of such city or on highways under the jurisdic-
tion of the New York state thruway authority, the office of parks and
recreation, a county park commission, a parkway authority, a bridge
authority or a bridge and tunnel authority any person designated by such
office, commission or authority finds a vehicle unattended where it
constitutes an obstruction to traffic, or any place where stopping,
standing or parking is prohibited, such officer is hereby authorized to
provide for the removal of such vehicle, semitrailer or trailer to a
garage, automobile pound or other place of safety.
2. In any city with a population of one million or more, whenever any
police officer, or any person designated by the commissioner of [traf-
fic] TRANSPORTATION, finds a TRACTOR-TRAILER COMBINATION, TRACTOR, TRUCK
TRAILER, semitrailer or trailer without a tractor or towing vehicle
attached, parked or unattended on any city street, such officer or
person designated by [the] SUCH commissioner [of traffic] is hereby
authorized to provide for the removal of such [semitrailer] VEHICLE or
trailer to a garage, automobile pound or other place of safety, PROVIDED
THAT SUCH A VEHICLE OR TRAILER FOUND PARKED OR UNATTENDED WHILE
CONNECTED TO A STATE OR LOCAL GOVERNMENT SANCTIONED FILM OR TELEVISION
PRODUCTION SHALL BE REMOVED PURSUANT TO SUCH AUTHORITY ONLY WHERE NECES-
SARY TO PROTECT PUBLIC SAFETY OR AS OTHERWISE AUTHORIZED BY LAW. IN
ADDITION TO ANY OTHER CHARGE AUTHORIZED BY THIS SECTION, THE OWNER OR
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OTHER PERSON LAWFULLY ENTITLED TO THE POSSESSION OF A VEHICLE OR TRAILER
REMOVED PURSUANT TO THIS PARAGRAPH, OTHER THAN SUCH A VEHICLE OR TRAILER
FOUND PARKED OR UNATTENDED WHILE CONNECTED TO A STATE OR LOCAL GOVERN-
MENT SANCTIONED FILM OR TELEVISION PRODUCTION, SHALL BE SUBJECT TO A
FINE OF UP TO ONE THOUSAND DOLLARS.
§ 8. Subdivision c of section 19-170 of the administrative code of the
city of New York, as amended by local law number 74 of the city of New
York for the year 2019, is amended to read as follows:
c. 1. Except as otherwise provided in [paragraphs 2 and 3] PARAGRAPH
TWO of this subdivision, a violation of this section shall be punishable
by the monetary fine authorized for violation of the rules and regu-
lations of the commissioner in paragraph [1] ONE of subdivision a of
section [2903] TWENTY-NINE HUNDRED THREE of the charter.
2. A [first] violation of this section, when the commercial vehicle is
a tractor-trailer combination, tractor, truck trailer [or], semi-trailer
OR SEMI-TRAILER WITHOUT A TOWING VEHICLE ATTACHED, shall be punishable
by a monetary [fine] PENALTY of [$250] UP TO ONE THOUSAND DOLLARS. [Any
such subsequent violation of this section by the same owner, as defined
in paragraph a of subdivision 1 of section 239 of the vehicle and traf-
fic law, within a six month period shall be punishable by a monetary
fine of $500.
3. As an alternative to any other means of enforcement of this subdi-
vision authorized by law, a first violation of subdivision b of this
section, when the commercial vehicle is a tractor-trailer combination,
tractor, truck trailer or semi-trailer, shall be punishable by a civil
penalty of $400. Any such subsequent violation of subdivision b of this
section by the same owner, as defined in paragraph a of subdivision 1 of
section 239 of the vehicle and traffic law, within a six month period
shall be punishable by a civil penalty of $800. Such civil penalties
shall be recoverable in a proceeding before the office of administrative
trials and hearings.]
§ 9. This act shall take effect immediately, provided that section
four of this act shall apply with respect to any determination made on
or after the first day of the first month succeeding the sixtieth day
after this act shall have become a law.