Bill Text: NY A10228 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-15 - referred to transportation [A10228 Detail]

Download: New_York-2023-A10228-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10228

                   IN ASSEMBLY

                                      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:

     1    Section 1. Subdivisions 1 and 2 of section  238  of  the  vehicle  and
     2  traffic  law, subdivision 1 as added by chapter 715 of the laws of 1972,
     3  and subdivision 2 as amended by chapter 224 of the  laws  of  1995,  are
     4  amended to read as follows:
     5    1.  The  notice  of  violation  shall contain information advising the
     6  person charged of the manner and the time in which [he] such person  may
     7  plead  either  guilty  or  not  guilty  to  the violation alleged in the
     8  notice. Such notice of violation shall also contain a warning to  advise
     9  the person charged that failure to plead in the manner and time provided
    10  shall  be  deemed  an admission of liability and that a default judgment
    11  may be entered thereon.  Where such notice is served by first-class mail
    12  to a post office  box  address  pursuant  to  subdivision  two  of  this
    13  section,  the  person charged shall be given an additional sixty days to
    14  respond to the notice. The form and wording of the notice  of  violation
    15  shall  be  prescribed  by  the  director.  A duplicate of each notice of
    16  violation shall be served on the person charged in the manner hereinaft-
    17  er provided. The original or a facsimile  thereof  shall  be  filed  and
    18  retained  by  the bureau, and shall be deemed a record kept in the ordi-
    19  nary course of business, and shall be prima facie evidence of the  facts
    20  contained therein.
    21    2.  A notice of violation shall be served personally upon the operator
    22  of a motor vehicle who is present at the  time  of  service,  and  [his]
    23  their  name,  together  with the plate designation and the plate type as
    24  shown by the registration plates of  said  vehicle  and  the  expiration
    25  date; the make or model, and body type of said vehicle; a description of
    26  the  charged  violation, including but not limited to a reference to the
    27  applicable traffic rule or provision of this chapter; information as  to
    28  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.
                                                                   LBD15435-01-4
        A. 10228                            2

     1  in effect, unless always in effect pursuant to rule or this chapter  and
     2  where  appropriate the word ALL when the days and/or hours in effect are
     3  everyday and/or twenty-four hours a day; the meter number  for  a  meter
     4  violation, where appropriate; and the date, time and particular place of
     5  occurrence  of  the charged violation, shall be inserted therein. A mere
     6  listing of a meter number in cases of charged meter violations shall not
     7  be deemed to constitute a sufficient description of a  particular  place
     8  of  occurrence for purposes of this subdivision. The notice of violation
     9  shall be served upon the owner of the motor vehicle if the  operator  is
    10  not  present,  by  affixing such notice to said vehicle in a conspicuous
    11  place or by sending notice to such  owner  by  first-class  mail  within
    12  fourteen business days if the motor vehicle is registered in New York or
    13  within  forty-five  business days if the motor vehicle is registered out
    14  of state.  Whenever such notice is so affixed  or  mailed,  in  lieu  of
    15  inserting the name of the person charged with the violation in the space
    16  provided  for the identification of said person, the words "owner of the
    17  vehicle bearing license" may be inserted to be  followed  by  the  plate
    18  designation  and  plate type as shown by the registration plates of said
    19  vehicle together with the expiration date; the make or model,  and  body
    20  type  of said vehicle; a description of the charged violation, including
    21  but not limited to  a  reference  to  the  applicable  traffic  rule  or
    22  provision  of  this  chapter;  information  as to the days and hours the
    23  applicable rule or provision of this chapter is in effect unless  always
    24  in  effect  pursuant  to  rule or this chapter and where appropriate the
    25  word ALL when the days and/or hours in effect are every day and/or twen-
    26  ty-four hours a day; the meter number for a meter violation where appro-
    27  priate; and the date, time and particular place  of  occurrence  of  the
    28  charged  violation.   Service of the notice of violation, or a duplicate
    29  thereof by affixation as herein provided shall have the same  force  and
    30  effect  and shall be subject to the same penalties for disregard thereof
    31  as though the same was personally served with the  name  of  the  person
    32  charged with the violation inserted therein.
    33    § 2. This act shall take effect immediately.