Bill Text: NY A02342 | 2025-2026 | General Assembly | Introduced
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) 2025-01-16 - referred to transportation [A02342 Detail]
Download: New_York-2025-A02342-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2342 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. WOERNER -- read once and referred to the Commit- tee 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 date 25 where available; the make or model, and body type of said vehicle; a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03602-02-5A. 2342 2 1 description of the charged violation, including but not limited to a 2 reference to the applicable traffic rule or provision of this chapter; 3 information as to the days and hours the applicable rule or provision of 4 this chapter is in effect, unless always in effect pursuant to rule or 5 this chapter and where appropriate the word ALL when the days and/or 6 hours in effect are everyday and/or twenty-four hours a day; the meter 7 number for a meter violation, where appropriate; and the date, time and 8 particular place of occurrence of the charged violation, shall be 9 inserted therein. A mere listing of a meter number in cases of charged 10 meter violations shall not be deemed to constitute a sufficient 11 description of a particular place of occurrence for purposes of this 12 subdivision. The notice of violation shall be served upon the owner of 13 the motor vehicle if the operator is not present, by affixing such 14 notice to said vehicle in a conspicuous place or by sending notice to 15 such owner by first-class mail within fourteen business days if the 16 motor vehicle is registered in New York or within forty-five business 17 days if the motor vehicle is registered out of state. A manual or auto- 18 matic record of mailing prepared in the ordinary course of business 19 shall be prima facie evidence of the facts contained therein. Whenever 20 such notice is so affixed or mailed, in lieu of inserting the name of 21 the person charged with the violation in the space provided for the 22 identification of said person, the words "owner of the vehicle bearing 23 license" may be inserted to be followed by the plate designation and 24 plate type as shown by the registration plates of said vehicle together 25 with the expiration date where available; the make or model, and body 26 type of said vehicle; a description of the charged violation, including 27 but not limited to a reference to the applicable traffic rule or 28 provision of this chapter; information as to the days and hours the 29 applicable rule or provision of this chapter is in effect unless always 30 in effect pursuant to rule or this chapter and where appropriate the 31 word ALL when the days and/or hours in effect are every day and/or twen- 32 ty-four hours a day; the meter number for a meter violation where appro- 33 priate; and the date, time and particular place of occurrence of the 34 charged violation. Service of the notice of violation, or a duplicate 35 thereof by affixation or mail as herein provided shall have the same 36 force and effect and shall be subject to the same penalties for disre- 37 gard thereof as though the same was personally served with the name of 38 the person charged with the violation inserted therein. 39 § 2. Section 238 of the vehicle and traffic law is amended by adding a 40 new subdivision 4 to read as follows: 41 4. When an owner of a vehicle is served the initial parking violation 42 notice by first class mail pursuant to this section but did not in fact 43 receive such notice in a timely fashion, such owner may send by first 44 class mail a written notarized statement made under penalty of perjury 45 stating that they did not receive such notice until the time to pay the 46 fine had elapsed. Such statement shall be accompanied by full payment 47 of the original parking violation fine. Upon receipt of such statement 48 and payment, any late fees for payment of the parking violation fee 49 shall be waived and no new late fees may be imposed. 50 § 3. This act shall take effect immediately.
