NY State Senate Bill 2023-S9734A

Senate Bill S9734A

2023-2024 Legislative Session

Relates to the contents, and adjudication, of notices of violation returnable to a parking violations bureau and increase certain fines

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Current Bill Status - In Senate Committee Transportation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2024	print number 9734a
May 24, 2024	amend and recommit to transportation
May 23, 2024	referred to transportation

Bill Amendments

Original

A (Active)

2023-S9734 - Details

See Assembly Version of this Bill:: A10567
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§237, 238, 242 & 1204, V & T L; amd §19-170, NYC Ad Cd

2023-S9734 - Summary

Relates to the contents and adjudication, of notices of violation returnable to a parking violations bureau in New York city; increases the fine for tractors, trailers, or related vehicles that park on residential streets overnight.

2023-S9734 - Sponsor Memo

                                 
BILL NUMBER: S9734

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 237 of the Vehicle and Traffic
Law (VTL) by increasing the maximum allowable fines for parking trac-
tors, trailers, and tractor-trailer combinations overnight on streets in
New York City's residential neighborhoods.  For each offense, the maxi-
mum allowable fine will increase from $250 to $1000. Section 2 also
amends subdivision 8 of section 237 of the VTL to provide that a
bureau's failure to answer within a reasonable period of time all rele-
vant and reasonable inquiries made by a person or the person's attorney
concerning the notice of violation served on the person or to furnish a
copy of the notice of violation would no longer result in the automatic

dismissal of the notice of violation.  Instead, the amendment would
authorize a postponement of a hearing on the charges to a date no earli-
er than 30 days after the bureau answers the inquiry or furnishes such
copy.

Section 2 amends subdivision 2 of section 238 of the VTL in two ways.
First, section 2 would require the inclusion of a vehicle's body type on
a notice of violation (hereinafter "summons") only if the vehicle's body
type is indicated on the vehicle's registration sticker. Second, it
would provide that the vehicle's vehicle identification number ("VIN")
may be used in lieu of or in addition to the vehicle's license plate
designation and license plate type on a summons in instances in which a
vehicle lacks a registration plate issued by the Commissioner of Motor
Vehicles or by an equivalent official from another state, territory or
country or where such registration plate is concealed or obscured.

Section 3 amends paragraph (a) of subdivision 2-a of section 238 of the
VTL to provide an additional circumstance in which the license plate
type or expiration date of a vehicle's registration may be omitted from
a summons, namely, when the plates or sticker cannot be located on a
vehicle. Section 3 also authorizes the provision of photographs docu-
menting the poor condition or absence of such plates or sticker.

Section 4 amends subparagraph (ii) of paragraph (c) of subdivision 2-a
of section 238 of the VII to conform the statute of limitations for a
hearing examiner to set aside parking violation dismissals due to fraud,
false testimony and/or other misconduct to the statute of limitations
for civil fraud in the Civil Practice Law and Rules ("CPLR"). The amend-
ment would allow a hearing examiner to set aside such dismissals within
the greater of (1) six years from the time of the fraud (i.e., the
dismissal of the summons) or (2) two years from the earlier of the time
of discovery of the fraud or the time when, with reasonable diligence,
the fraud could have been discovered.

Section 5 adds new subdivision 3-a to section 242 of the VTL to require
that an appellant challenging a determination regarding a notice of
violation served on an owner or operator of a commercial vehicle, as
such term is defined in rules of the Department of Transportation (DOT)
of the City, shall either post a bond in the amount of the determination
or pay certain penalties imposed and surcharges levied prior to the
appeals board's conducting the appeal.  The penalties specified in new
subdivision 3-a are imposed for camera violations for failing to comply
with traffic-control indications, restrictions for bus lanes and other
bus-operation-related traffic regulations, weight limitations on a
designated portion of the Brooklyn-Queens Expressway (BQE), and speed
restrictions. The surcharges specified in this new subdivision are
levied for parking, stopping and standing violations.

Section 6 amends subdivision 6 of section 242 of the VTL to modify the
requirement that a court or administrative body return to the party
prevailing in an appeal any fines or penalties collected within 30 days
of the entry of judgment. Instead, the amendment would require that the
amount returned should be any fines or penalties collected less any
penalties collected for camera violations for failing to comply with
traffic-control indications, restrictions for bus lanes, weight limita-
tions on the BQE, and speed restrictions to the extent such penalties
were paid after the period to contest the notice of liability had
expired. Section 6 also amends subdivision 6 to authorize a court to
provide additional time for a parking violations bureau to return such
amount where such amount exceeds $1,000.

Section 7 amends subdivisions (a) and (b) of section 1204 of the VTL to
update anachronistic references to the City's Commissioner of Traffic
with references to the Commissioner of Transportation and to authorize
such commissioner to remove tractors, trailers, and tractor-trailers
that have been left unattended on City streets. This section also amends
subdivision b to authorize imposition of a fine for the parking of such
vehicles on City streets of up to $1,000.

Section 8 amends subdivision c of section 19-170 of the Administrative
Code of the City of New York to increase the maximum allowable penalty
for parking tractors, trailers, and tractor-trailers overnight in the
City to $1,000, which would align such subdivision with the amendment to
subdivision 2 of section 237 of the VTL as proposed by section 2 of this
bill.

Section 9 provides that the bill takes effect immediately, except that
section 4 of the bill would take effect and apply to any determination
made on or after first day of the first month succeeding the sixtieth
day after the bill becomes law.

 
REASONS FOR SUPPORT:

This bill would increase the efficiency of the operations of a parking
violations bureau with respect to enforcing and adjudicating parking
infractions and certain camera violations through several different
ways.

Parking tractors, trailers, and tractor-trailers in residential areas
affects the safety of residents and contributes to noise, pollution, and
traffic. The bill increases the maximum allowable fines for parking such
vehicles overnight in New York City's residential neighborhoods.


Section 237 currently establishes a mechanism for the automatic dismiss-
al of summonses under certain circumstances where a parking violations
bureau fails to respond to inquiries or provide copies of such summons-
es. By eliminating the applicability of this automatic dismissal
provision to New York City and instead establishing a postponement
provision in its place, the bill strikes a careful balance between
protecting the rights of respondents to obtain information regarding
their summonses while ensuring that this mechanism is not misused.

Section 238 of the VTL currently requires a summons to include the
license plate designation and plate type. This requirement poses
enforcement challenges because a license plate or registration sticker
is sometimes obscured, missing, or otherwise invalid. The bill allows
the vehicle identification number, or VIN, to substitute for a license
plate number and type on a summons when other identifiers are unreliable
or missing. This amendment would facilitate the issuance of valid
summonses because every vehicle has a unique and observable VIN that is
difficult to remove. The VIN, like a license plate number, provides a
means of determining the registrant's name and address for enforcement
purposes.

Section 238 also requires that the body type of a vehicle be indicated
on a summons, even though body types are not standardized or clearly
indicated on registration stickers in the 49 states other than New York.
The requirement to indicate body type significantly handicaps the issu-
ance of summonses to vehicles with out-of-state license plates. From
2014 through 2019, over $15.8 million worth of summonses issued to vehi-
cles registered outside of New York State were dismissed due to an omis-
sion or misdescription in the vehicle's body type. This bill would
rectify this problem by requiring the summons to include body type only
when the body type is indicated on the registration sticker.

The statute of limitations provided by section 238 to set aside the
liability of summonses dismissed due to fraud or other misconduct is
more restrictive than the time period allowed by the CPLR for civil
fraud actions. Subdivision 8 of section 213 of the CPLR contains a two-
fold test whereby the action for fraud must be commenced within the
greater of six years from the commission of fraud, or two years from the
time when the fraud was or reasonably could have been discovered.
Section 238 of the VTL specifies only the latter, two-year time period
to notify a vehicle owner of a hearing to determine whether the dismiss-
al was fraudulent. The proposed amendment broadly conforms the statute
of limitations in section 238 to the limitations period in section 213
of the CPLR by allowing, if it would provide more time, six years from
the dismissal to notify the owner of the vehicle of such hearing, facil-
itating the reversal of dismissals obtained by fraud.

The VTL allows persons who are found liable for failure to comply with
traffic lights, bus lane restrictions, weight limitations, and speed
limits as recorded by photo monitoring devices, and those found liable
for certain parking violations, to appeal determinations of liability
without posting bond or paying any amount toward their penalties or
surcharges. This policy encourages frivolous appeals. It also weakens
the impact of a penalty on driver behavior, as a year or more may pass
between the issuance of a summons and the decision on appeal. In New
York City, currently over 260,000 parking and camera violations are
awaiting an appeal hearing. In an effort to address part of this prob-
lem, this bill would require that certain appellants either post bond in
the amount of the determination or pay the applicable amount-a surcharge
of $15 for parking, standing or stopping violations or $30 for
violations related to parking reserved for persons with a disability,
and full penalties other than late penalties, for red-light camera
violations and violations of bus lane restrictions and other bus-opera-
tion-related traffic regulations, speed limits, and weight restrictions
recorded by camera-before the appeal is conducted.

Section 242 of the Vii requires that charges be returned to the prevail-
ing party within 30 days of entry of judgment when such charges have
been overturned by a court or an administrative body.  The proposed
amendment to subdivision 6 of section 242 of the VTL provides that the
amount that must be returned to the prevailing party be the amount of
the penalties collected less the amount collected for the camera
violations described in new subdivision 3-a of section 242 of the VTL.
In addition, the proposed amendment would authorize a court to give more
time for the City's Parking Violations Bureau to return such amount to a
party in cases in which the amount exceeds $1,000. Having this addi-
tional time will assist PVB's ability to comply with the requirements of
this section to process and provide accurate refunds in cases where a
court orders the dismissal of large numbers of parking violations to
save time and effort for the litigants involved.

By making it easier for the City to issue valid summonses, reducing
frivolous appeals, increasing certain penalties, and providing more time
for the City to reverse improper dismissals, this bill would facilitate
the enforcement of laws that impact the safety, cleanliness and order of
New York City's streets.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

2023-S9734 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9734
 
                             I N  S E N A T E
 
                               May 23, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE  -- (at request of the NYC Finance) -- 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 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.

                                                            LBD11660-02-4
 S. 9734                             2
 
   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 OR IN ADDITION TO THE  PLATE  DESIGNATION  AND  PLATE
 TYPE;  the make or model, and, PROVIDED THAT A BODY TYPE IS INDICATED 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 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.
   §  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:
 S. 9734                             3
 
   (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:
   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
 S. 9734                             4
 
 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.  IN
 ADDITION TO ANY OTHER CHARGE AUTHORIZED BY THIS SECTION,  THE  OWNER  OR
 OTHER  PERSON  LAWFULLY  ENTITLED  TO  THE POSSESSION OF SUCH VEHICLE OR
 TRAILER, OTHER THAN SUCH A VEHICLE OR TRAILER FOUND PARKED OR UNATTENDED
 WHILE CONNECTED TO A STATE 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:
 S. 9734                             5
 
   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.

2023-S9734A (ACTIVE) - Details

See Assembly Version of this Bill:: A10567
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§237, 238, 242 & 1204, V & T L; amd §19-170, NYC Ad Cd

2023-S9734A (ACTIVE) - Summary

2023-S9734A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9734A

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 2 of section 237 of the Vehicle and Traffic
Law (VTL) by increasing the maximum allowable fines for parking trac-
tors, trailers, and tractor-trailer combinations overnight on streets in
New York City's residential neighborhoods.  For each offense, the maxi-
mum allowable fine will increase from $250 to $1000. Section 2 also
amends subdivision 8 of section 237 of the VTL to provide that a
bureau's failure to answer within a reasonable period of time all rele-
vant and reasonable inquiries made by a person or the person's attorney
concerning the notice of violation served on the person or to furnish a
copy of the notice of violation would no longer result in the automatic

dismissal of the notice of violation.  Instead, the amendment would
authorize a postponement of a hearing on the charges to a date no earli-
er than 30 days after the bureau answers the inquiry or furnishes such
copy.

Section 2 amends subdivision 2 of section 238 of the VTL in two ways.
First, section 2 would require the inclusion of a vehicle's body type on
a notice of violation (hereinafter "summons") only if the vehicle's body
type is indicated on the vehicle's registration sticker. Second, it
would provide that the vehicle's vehicle identification number ("VIN")
may be used in lieu of or in addition to the vehicle's license plate
designation and license plate type on a summons in instances in which a
vehicle lacks a registration plate issued by the Commissioner of Motor
Vehicles or by an equivalent official from another state, territory or
country or where such registration plate is concealed or obscured.

Section 3 amends paragraph (a) of subdivision 2-a of section 238 of the
VTL to provide an additional circumstance in which the license plate
type or expiration date of a vehicle's registration may be omitted from
a summons, namely, when the plates or sticker cannot be located on a
vehicle. Section 3 also authorizes the provision of photographs docu-
menting the poor condition or absence of such plates or sticker.

Section 4 amends subparagraph (ii) of paragraph (c) of subdivision 2-a
of section 238 of the VII to conform the statute of limitations for a
hearing examiner to set aside parking violation dismissals due to fraud,
false testimony and/or other misconduct to the statute of limitations
for civil fraud in the Civil Practice Law and Rules ("CPLR"). The amend-
ment would allow a hearing examiner to set aside such dismissals within
the greater of (1) six years from the time of the fraud (i.e., the
dismissal of the summons) or (2) two years from the earlier of the time
of discovery of the fraud or the time when, with reasonable diligence,
the fraud could have been discovered.

Section 5 adds new subdivision 3-a to section 242 of the VTL to require
that an appellant challenging a determination regarding a notice of
violation served on an owner or operator of a commercial vehicle, as
such term is defined in rules of the Department of Transportation (DOT)
of the City, shall either post a bond in the amount of the determination
or pay certain penalties imposed and surcharges levied prior to the
appeals board's conducting the appeal.  The penalties specified in new
subdivision 3-a are imposed for camera violations for failing to comply
with traffic-control indications, restrictions for bus lanes and other
bus-operation-related traffic regulations, weight limitations on a
designated portion of the Brooklyn-Queens Expressway (BQE), and speed
restrictions. The surcharges specified in this new subdivision are
levied for parking, stopping and standing violations.

Section 6 amends subdivision 6 of section 242 of the VTL to modify the
requirement that a court or administrative body return to the party
prevailing in an appeal any fines or penalties collected within 30 days
of the entry of judgment. Instead, the amendment would require that the
amount returned should be any fines or penalties collected less any
penalties collected for camera violations for failing to comply with
traffic-control indications, restrictions for bus lanes, weight limita-
tions on the BQE, and speed restrictions to the extent such penalties
were paid after the period to contest the notice of liability had
expired. Section 6 also amends subdivision 6 to authorize a court to
provide additional time for a parking violations bureau to return such
amount where such amount exceeds $1,000.

Section 7 amends subdivisions (a) and (b) of section 1204 of the VTL to
update anachronistic references to the City's Commissioner of Traffic
with references to the Commissioner of Transportation and to authorize
such commissioner to remove tractors, trailers, and tractor-trailers
that have been left unattended on City streets. This section also amends
subdivision b to authorize imposition of a fine for the parking of such
vehicles on City streets of up to $1,000.

Section 8 amends subdivision c of section 19-170 of the Administrative
Code of the City of New York to increase the maximum allowable penalty
for parking tractors, trailers, and tractor-trailers overnight in the
City to $1,000, which would align such subdivision with the amendment to
subdivision 2 of section 237 of the VTL as proposed by section 2 of this
bill.

Section 9 provides that the bill takes effect immediately, except that
section 4 of the bill would take effect and apply to any determination
made on or after first day of the first month succeeding the sixtieth
day after the bill becomes law.

 
REASONS FOR SUPPORT:

This bill would increase the efficiency of the operations of a parking
violations bureau with respect to enforcing and adjudicating parking
infractions and certain camera violations through several different
ways.

Parking tractors, trailers, and tractor-trailers in residential areas
affects the safety of residents and contributes to noise, pollution, and
traffic. The bill increases the maximum allowable fines for parking such
vehicles overnight in New York City's residential neighborhoods.


Section 237 currently establishes a mechanism for the automatic dismiss-
al of summonses under certain circumstances where a parking violations
bureau fails to respond to inquiries or provide copies of such summons-
es. By eliminating the applicability of this automatic dismissal
provision to New York City and instead establishing a postponement
provision in its place, the bill strikes a careful balance between
protecting the rights of respondents to obtain information regarding
their summonses while ensuring that this mechanism is not misused.

Section 238 of the VTL currently requires a summons to include the
license plate designation and plate type. This requirement poses
enforcement challenges because a license plate or registration sticker
is sometimes obscured, missing, or otherwise invalid. The bill allows
the vehicle identification number, or VIN, to substitute for a license
plate number and type on a summons when other identifiers are unreliable
or missing. This amendment would facilitate the issuance of valid
summonses because every vehicle has a unique and observable VIN that is
difficult to remove. The VIN, like a license plate number, provides a
means of determining the registrant's name and address for enforcement
purposes.

Section 238 also requires that the body type of a vehicle be indicated
on a summons, even though body types are not standardized or clearly
indicated on registration stickers in the 49 states other than New York.
The requirement to indicate body type significantly handicaps the issu-
ance of summonses to vehicles with out-of-state license plates. From
2014 through 2019, over $15.8 million worth of summonses issued to vehi-
cles registered outside of New York State were dismissed due to an omis-
sion or misdescription in the vehicle's body type. This bill would
rectify this problem by requiring the summons to include body type only
when the body type is indicated on the registration sticker.

The statute of limitations provided by section 238 to set aside the
liability of summonses dismissed due to fraud or other misconduct is
more restrictive than the time period allowed by the CPLR for civil
fraud actions. Subdivision 8 of section 213 of the CPLR contains a
twofold test whereby the action for fraud must be commenced within the
greater of six years from the commission of fraud, or two years from the
time when the fraud was or reasonably could have been discovered.
Section 238 of the VTL specifies only the latter, two-year time period
to notify a vehicle owner of a hearing to determine whether the dismiss-
al was fraudulent. The proposed amendment broadly conforms the statute
of limitations in section 238 to the limitations period in section 213
of the CPLR by allowing, if it would provide more time, six years from
the dismissal to notify the owner of the vehicle of such hearing, facil-
itating the reversal of dismissals obtained by fraud.

The VTL allows persons who are found liable for failure to comply with
traffic lights, bus lane restrictions, weight limitations, and speed
limits as recorded by photo monitoring devices, and those found liable
for certain parking violations, to appeal determinations of liability
without posting bond or paying any amount toward their penalties or
surcharges. This policy encourages frivolous appeals. It also weakens
the impact of a penalty on driver behavior, as a year or more may pass
between the issuance of a summons and the decision on appeal. In New
York City, currently over 260,000 parking and camera violations are
awaiting an appeal hearing. In an effort to address part of this prob-
lem, this bill would require that certain appellants either post bond in
the amount of the determination or pay the applicable amount-a surcharge
of $15 for parking, standing or stopping violations or $30 for
violations related to parking reserved for persons with a disability,
and full penalties other than late penalties, for red-light camera
violations and violations of bus lane restrictions and other bus-opera-
tion-related traffic regulations, speed limits, and weight restrictions
recorded by camera-before the appeal is conducted.

Section 242 of the Vii requires that charges be returned to the prevail-
ing party within 30 days of entry of judgment when such charges have
been overturned by a court or an administrative body.  The proposed
amendment to subdivision 6 of section 242 of the VTL provides that the
amount that must be returned to the prevailing party be the amount of
the penalties collected less the amount collected for the camera
violations described in new subdivision 3-a of section 242 of the VTL.
In addition, the proposed amendment would authorize a court to give more
time for the City's Parking Violations Bureau to return such amount to a
party in cases in which the amount exceeds $1,000. Having this addi-
tional time will assist PVB's ability to comply with the requirements of
this section to process and provide accurate refunds in cases where a
court orders the dismissal of large numbers of parking violations to
save time and effort for the litigants involved.

By making it easier for the City to issue valid summonses, reducing
frivolous appeals, increasing certain penalties, and providing more time
for the City to reverse improper dismissals, this bill would facilitate
the enforcement of laws that impact the safety, cleanliness and order of
New York City's streets.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

2023-S9734A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9734--A
 
                             I N  S E N A T E
 
                               May 23, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE  -- (at request of the NYC Finance) -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Transportation  --  committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11660-05-4
 S. 9734--A                          2

 
   §  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:
   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
 S. 9734--A                          3
 
 personally served with the name of the person charged with the violation
 inserted therein.
   §  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.
 S. 9734--A                          4
 
   § 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:
   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-
 S. 9734--A                          5
 
 SARY  TO  PROTECT  PUBLIC  SAFETY OR AS OTHERWISE AUTHORIZED BY LAW.  IN
 ADDITION TO ANY OTHER CHARGE AUTHORIZED BY THIS SECTION,  THE  OWNER  OR
 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.

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