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ARTICLE 2-B New York Vehicle and Traffic Law
ADJUDICATION OF PARKING INFRACTIONS
Section 235. Jurisdiction.
236. Creation, personnel.
237. Functions, powers and duties.
238. Notice of violation.
239. Ownership and operation of vehicles; liability.
240. Hearings, notice and conduct.
241. Final determinations, judgments.
241-a. Complaint procedure for satisfied or wrongfully imposed
fine or penalty.
242. Administrative review.
243. Judicial review.
244. Separability.
* § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision
of any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal to hear and determine complaints of
traffic infractions constituting parking, standing or stopping
violations, or to adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in
accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or to adjudicate liability of owners in
accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in such section, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
2. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, any city with a
population in excess of one hundred thousand persons according to the
nineteen hundred eighty United States census hereinafter referred to as
a city shall provide notice of parking violations and of the imposition
of additional penalties whenever the person who is liable therefor fails
to respond to the parking ticket in the manner designated thereon. Such
notice shall be in substantial conformance with the following
provisions:
a. Notice. (1) Whenever a city issues a notice of violation for a
parking violation, it shall be served in the manner prescribed by
subdivision two of section two hundred thirty-eight of this article.
(2) Whenever a person has been issued a notice of violation for a
parking violation and has not responded in the manner described in the
notice, a city shall give the owner a second notice of the violation by
regular first class mail: (i) within forty days of issuance of the first
notice of violation for a parking violation where the vehicle is a
vehicle registered in this state; or (ii) within forty days of the
receipt by such city of the name and address of the owner of the vehicle
where the vehicle is a vehicle registered in any other state. Such
second notice shall include, but not be limited to, the following
information:
(A) that the owner has a period of twenty days from issuance of the
second notice in which to respond to the notice of violation for a
parking violation;
(B) that failure to respond to the notice of violation for a parking
violation may result in the suspension and non-renewal of the owner's
registration;
(C) that failure to respond to the notice of violation for a parking
violation may subject the owner to additional penalties as provided in
paragraph b of this subdivision;
(D) that failure to respond to the notice of violation for a parking
violation shall subject the owner to a default judgment as provided in
paragraph c of this subdivision and the additional penalties imposed
upon parking violations pursuant to paragraph b of this subdivision; and
(E) that submission of a plea of guilty to the parking violation makes
the owner liable for payment of the stated fine and additional penalties
imposed pursuant to paragraph b of this subdivision and the mandatory
surcharge of fifteen dollars imposed upon parking violations pursuant to
section eighteen hundred nine-a of this chapter.
(1) Upon written application of the chief executive officer of any
such city, the commissioner may authorize for a specified time period
the use of a notice mailer form that does not contain all the
information set forth in this subdivision but which was used by such
city on or before the effective date of this section.
(2) In addition, the commissioner may suspend for a period not to
exceed one year from the effective date of this section the provisions
of this subdivision requiring that a second notice of violation be
served within forty days of issuance of the first notice of a parking
violation, upon written application of the chief executive officer of
any such city demonstrating that immediate imposition of such notice
requirement will cause substantial financial hardship to such city, and
setting forth the steps to be taken by such city to achieve compliance
with the notice requirements of this subdivision at the end of such one
hundred eighty day period. Upon granting such application, the
commissioner shall specify a period, not to exceed seventy-five days,
within which such second notice must be served, and shall adjust
accordingly the time periods set forth in paragraph b of this
subdivision to provide that the additional penalties set forth in such
subdivision will not be imposed prior to the stated number of days from
the service of such notice.
b. Additional penalties. (1) For the purposes of this paragraph, each
locality shall determine an initial response date of not less than eight
days nor more than thirty days, after which time a penalty may be
imposed. The liability for such initial penalty shall commence on the
date following the initial response date.
(2) Failure to respond to a notice of violation for a parking
violation by the initial response date may result in the liability for a
penalty in an amount of the fine indicated on the notice of violation
for a parking violation; where a city has given a second notice pursuant
to paragraph a of this subdivision, the following schedule of additional
penalties may apply:
(A) failure to respond to a notice of violation for a parking
violation by the initial response date may result in the liability for
an additional penalty not to exceed ten dollars or, if the first penalty
assessed by a city does not exceed five dollars, such city may assess an
additional penalty within thirty-one to seventy-five days not to exceed
ten dollars; and
(B) where a city has given a second notice pursuant to paragraph a of
this subdivision failure to respond to a notice of violation for a
parking violation within seventy-five days may result in the liability,
commencing on the seventy-sixth day, for an additional penalty not to
exceed twenty dollars.
(3) Where the additional penalty schedule set forth in subparagraph
two of this paragraph, as interpreted in 9 New York Code of Rules and
Regulations Part 6180, has not been implemented by a city and is not in
effect in such city on or before January first, nineteen hundred
ninety-three, the provisions of this paragraph shall not apply. For the
purposes of this subdivision, the provisions of this paragraph shall not
be considered to have been implemented and in effect unless the penalty
schedule contained herein shall have been applied to parking violations
issued in such city on or before January first, nineteen hundred
ninety-three.
b-1. Alternate additional penalty schedule. In any city in which the
schedule of penalties contained in subparagraph two of paragraph b of
this subdivision, as interpreted in 9 New York Code of Rules and
Regulations Part 6180, has not been implemented and is not in effect on
or before January first, nineteen hundred ninety-three, the provisions
of this paragraph shall only apply upon enactment of a local law
containing the penalty schedule provided in this paragraph within
forty-five days of the effective date of this paragraph. Following the
enactment of such a local law, such city may elect to impose the
additional penalties set forth in subparagraphs one and two of this
paragraph for failure to respond to a notice of violation for a parking
violation in accordance with this paragraph. In the event that no such
local law is enacted within forty-five days of the effective date of
this paragraph, the alternate additional penalty schedule set forth in
paragraph b-2 of this subdivision shall apply.
(1) Failure to respond to a notice of violation for a parking
violation within thirty days shall result in liability, commencing on
the thirty-first day, for an additional penalty in an amount not to
exceed ten dollars, indicated on the notice of violation for a parking
violation: where a city has given a second notice pursuant to paragraph
a of this subdivision failure to respond to a notice of violation for a
parking violation within forty-five days may result in liability,
commencing on the forty-sixth day, for the penalty prescribed above for
failure to respond within thirty days and an additional penalty not to
exceed twenty dollars; and where a city has given a second notice
pursuant to paragraph a of this subdivision failure to respond to a
notice of violation for a parking violation within seventy-five days may
result in liability, commencing on the seventy-sixth day, for the
penalties prescribed above for failure to respond within thirty days and
for failure to respond within forty-five days and an additional penalty
not to exceed thirty dollars.
(2) Notwithstanding the foregoing schedule of alternative additional
penalties, if an owner makes a plea or appears within twenty days after
issuance of a second notice of violation in accordance with paragraph a
of this subdivision, or prior to such mailing, such additional penalty
shall not exceed ten dollars.
b-2. Alternate additional penalty schedule. In any city in which the
schedule of penalties contained in paragraph b of this subdivision, as
interpreted in 9 New York Code of Rules and Regulations Part 6180, has
not been implemented and is not in effect on or before January first,
nineteen hundred ninety-three and which has not enacted a local law
pursuant to paragraph b-1 of this subdivision within forty-five days of
the effective date of this paragraph, the following alternate additional
penalty schedule shall apply:
(1) Failure to respond to a notice of violation for a parking
violation within eight days may result in the liability, commencing on
the ninth day, for an additional penalty in an amount not to exceed five
dollars;
(2) Failure to respond to a notice of violation for a parking
violation within thirty days may result in the liability, commencing on
the thirty-first day, for the penalty prescribed above for failure to
respond within eight days and an additional penalty not to exceed ten
dollars or, if the first penalty assessed by the city does not exceed
five dollars, such city may assess an additional penalty within
thirty-one to seventy-five days not to exceed ten dollars;
(3) Where a city has given a second notice pursuant to paragraph a of
this subdivision failure to respond to a notice of violation for a
parking violation within seventy-five days may result in the liability,
commencing on the seventy-sixth day, for the penalties prescribed above
for failure to respond within eight days and for failure to respond
within thirty days and an additional penalty not to exceed twenty
dollars; and
(4) Notwithstanding the foregoing schedule of alternate penalties, if
an owner makes a plea or appears within twenty days after issuance of a
second notice of violation in accordance with paragraph a of this
subdivision, or prior to such mailing, such additional penalty shall not
exceed five dollars.
b-3. Application. Notwithstanding any other provision of law, any rule
or regulation previously or heretofore issued prior to the effective
date of this paragraph by any state or local agency, division, bureau or
other entity, authorizing the imposition of an additional penalty equal
to the amount of the initial fine for failure to respond to the first
notice of violation within eight days of its issuance shall be of no
force and effect in a city to which the provisions of paragraph b-1 or
b-2 of this subdivision apply.
c. Default judgment. Where a city has given notice pursuant to
paragraph a of this subdivision, failure to respond to a notice of
violation for a parking violation within ninety days shall be deemed an
admission of liability and shall subject the owner to a default judgment
being entered thereon in an amount not greater than the amount of the
original fine and accrued penalties plus any applicable surcharges. Such
default shall be reported to the department which department shall cause
a suspension and non-renewal of the owner's registration pursuant to the
provisions of subdivision four-c of section five hundred ten of this
chapter.
* NB Effective until September 1, 2013
* § 235. Jurisdiction. Notwithstanding any inconsistent provision of
any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal to hear and determine complaints of
traffic infractions constituting parking, standing or stopping
violations, or to adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in
accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or to adjudicate liability of owners in
accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in such section, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
* NB Effective September 1, 2013 until December 1, 2014
* § 235. Jurisdiction. Notwithstanding any inconsistent provision of
any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal to hear and determine complaints of
traffic infractions constituting parking, standing or stopping
violations, or to adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or to adjudicate the liability of
owners for violations of toll collection regulations as defined in and
in accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, or to adjudicate liability of owners in
accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in such section, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
* NB Effective and Expires December 1, 2014
* § 235. Jurisdiction. Notwithstanding any inconsistent provision of
any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal to hear and determine complaints of
traffic infractions constituting parking, standing or stopping
violations, or to adjudicate the liability of owners for violations of
toll collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section, such tribunal and the rules and
regulations pertaining thereto shall be constituted in substantial
conformance with the following sections.
*NB Effective December 1, 2014 until September 20, 2015
* § 235. Jurisdiction. Notwithstanding any inconsistent provision of
any general, special or local law or administrative code to the
contrary, in any city which heretofore or hereafter is authorized to
establish an administrative tribunal to hear and determine complaints of
traffic infractions constituting parking, standing or stopping
violations, or to adjudicate the liability of owners for violations of
toll collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, such tribunal and the rules and regulations pertaining thereto
shall be constituted in substantial conformance with the following
sections.
* NB Effective September 20, 2015
§ 236. Creation, personnel. * 1. Creation. In any city as
hereinbefore or hereafter authorized such tribunal when created shall be
known as the parking violations bureau and shall have jurisdiction of
traffic infractions which constitute a parking violation and, where
authorized by local law adopted pursuant to subdivision (a) of section
eleven hundred eleven-a of this chapter or subdivisions (a) of sections
eleven hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine, shall adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with such section eleven hundred eleven-a or such sections
eleven hundred eleven-b as added by sections sixteen of chapters twenty,
twenty-one, and twenty-two of the laws of two thousand nine and shall
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty and shall
adjudicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section. Such tribunal, except in a city with a
population of one million or more, shall also have jurisdiction of
abandoned vehicle violations. For the purposes of this article, a
parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a
vehicle. In addition for purposes of this article, "commissioner" shall
mean and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
* NB Effective until December 1, 2014
* 1. Creation. In any city as hereinbefore or hereafter authorized
such tribunal when created shall be known as the parking violations
bureau and shall have jurisdiction of traffic infractions which
constitute a parking violation and, where authorized by local law
adopted pursuant to subdivisions (a) of sections eleven hundred eleven-b
of this chapter as added by sections sixteen of chapters twenty,
twenty-one, and twenty-two of the laws of two thousand nine, shall
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with such
sections eleven hundred eleven-b as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine; and shall adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section. For the purposes of this
article, a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this article, "commissioner"
shall mean and include the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
* NB Effective and Expires December 1, 2014
* 1. Creation. In any city as hereinbefore or hereafter authorized
such tribunal when created shall be known as the parking violations
bureau and shall have jurisdiction of traffic infractions which
constitute a parking violation and shall adjudicate liability of owners
in accordance with section eleven hundred eleven-c of this chapter for
violations of bus lane restrictions as defined in such section. For the
purposes of this article, a parking violation is the violation of any
law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of
traffic of the city or an official possessing authority as such a
commissioner.
* NB Effective December 1, 2014 until September 20, 2015
* 1. Creation. In any city as hereinbefore or hereafter authorized
such tribunal when created shall be known as the parking violations
bureau and shall have jurisdiction of traffic infractions which
constitute a parking violation. For the purposes of this article, a
parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a
vehicle. In addition for purposes of this article, "commissioner" shall
mean and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
* NB Effective September 20, 2015
2. Personnel. a. The head of such bureau shall be the director, who
shall be appointed by the commissioner. The director may exercise or
delegate any of the functions, powers and duties conferred upon him or
the bureau by the commissioner to any qualified officer or employee of
the bureau.
b. The commissioner may appoint such number of deputy directors as he
shall deem necessary, but in no event to exceed four and may employ such
officers and employees as may be required to perform the work of the
bureau, within the amounts available therefor by appropriation.
c. The commissioner shall appoint supervising hearing examiners not to
exceed six in number and senior hearing examiners, not to exceed six in
number. Every supervising hearing examiner shall have been admitted to
the practice of law in the state for at least seven years and every
senior hearing examiner for at least six years. The duties of each
supervising hearing examiner and senior hearing examiner shall include,
but not be limited to: (1) presiding at hearings for the adjudication of
charges of parking violations; (2) the supervision and administration of
the work of the bureau; and (3) membership on the appeals board of the
bureau, as herein provided.
d. The commissioner shall appoint hearing examiners who shall preside
at hearings for the adjudication of charges of parking violations.
Hearing examiners shall be appointed and shall serve for such number of
sessions as may be determined by the commissioner and shall receive
therefor, such remuneration as may be fixed. Such hearing examiners
shall not be considered employees of the city in which the
administrative tribunal has been established. Every hearing examiner
shall have been admitted to the practice of law in this state for a
period of at least five years, except in cities having a population of
one million or more persons where they shall have been admitted to such
practice for a period of at least three years. Hearing examiners shall
be appointed from a list of eligible candidates who have satisfied the
standards established by a duly constituted committee of the bar
association of the county in which the city is located or, the
association of the bar of that city.
2-a. Notwithstanding any other provision of law, in cities with a
population of one million or more, for purposes of this article a
parking violation shall include a violation of section eleven hundred
seventy-five of this chapter, provided that notice to the operator of
the vehicle is provided in like manner as any other violation under this
article.
3. Notwithstanding any inconsistent provision of any general, special
or local law to the contrary, the city of Rochester may provide by local
law for the administrative adjudication in the parking violations bureau
of the city of Rochester of violations of article seven of the
agriculture and markets law or of any local law or ordinance adopted
pursuant thereto relating to the licensing, identification and control
of dogs. Such violations shall be heard and determined in the same
manner as charges of parking violations and a person charged with any
such violation shall have all the rights to a hearing, administrative
adjudication and judicial review which a person charged with a parking
violation has. The parking violations bureau shall have all the
functions, powers and duties with respect to such violations as are
granted with respect to parking violations. Such violations shall be
punishable by a civil penalty which shall not exceed the amounts set out
in article seven of the agriculture and markets law. All moneys
collected shall be the property of the city of Rochester.
4. Notwithstanding any inconsistent provision of any general, special
or local law to the contrary, the city of Buffalo may provide by local
law for the administrative adjudication in the parking violations bureau
of the city of Buffalo of violations of the city's ordinances relating
to the maintenance and utilization of streets and sidewalks in the city
of Buffalo. Such violations shall be heard and determined in the same
manner as charges of parking violations and a person charged with any
such violation shall have all the rights to a hearing, administrative
adjudication and judicial review which a person charged with a parking
violation has. The parking violations bureau shall have all the
functions, powers and duties with respect to such violations as are
granted with respect to parking violations. Such violations shall be
punishable by a civil penalty. All moneys collected shall be the
property of the city of Buffalo.
5. Release of an illegally parked vehicle. a. A parking violations
bureau of a city with a population of one million or more persons may
impose vehicle release penalties in accordance with the provisions of
paragraph b of this subdivision, provided that the commissioner of
transportation of such city has established a procedure for the towing
and impoundment of illegally parked vehicles which permits the release,
at the site of the underlying parking violation, of an illegally parked
vehicle which has been hooked to a tow truck in preparation for towing
from such site if:
(1) the owner or other person lawfully entitled to the possession of
such vehicle appears and requests the release of such vehicle before the
tow truck is in motion,
(2) such owner or other person has a current valid driver's license,
(3) such owner or other person presents either a registration card or
title for the vehicle, and
(4) such owner or other person consents, in writing, to the imposition
of a vehicle release penalty for the underlying parking violation in
accordance with paragraph b of this subdivision.
b. Where a vehicle that is illegally parked is released from a tow
truck under the circumstances described in paragraph a of this
subdivision, a vehicle release penalty, in an amount which shall not
exceed one-half of the fee charged by the department of transportation
of such city for the towing of illegally parked vehicles shall, upon a
plea of guilty, a final determination sustaining the charges or upon
default, be added to the amount of fines and penalties imposed for the
underlying parking violation. The provisions of subdivision two of
section two hundred thirty-seven of this article that limit the amount
of monetary penalties which may be imposed for a parking violation shall
not apply to such vehicle release penalty. In no event shall a vehicle
release penalty be imposed pursuant to this subdivision if the
underlying parking violation is dismissed. The parking violations bureau
of such city may prescribe penalties for non-payment of such vehicle
release penalty which shall be consistent with section two hundred
thirty-five of this article.
§ 237. Functions, powers and duties. The parking violations bureau
shall have the following functions, powers and duties:
1. To accept pleas to, and to hear and determine, charges of parking
violations and, except in a city with a population of one million or
more, abandoned vehicle violations;
2. To provide for penalties other than imprisonment for (a) parking
violations in accordance with a schedule of monetary fines and
penalties, provided however, that monetary penalties shall not exceed
fifty dollars for each parking violation other than (i) in a city with a
population 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 dollars for a first 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
parked overnight on streets in residential neighborhoods;
3. To adopt rules and regulations not inconsistent with any applicable
provision of law to carry out the purposes of this article, including
but not limited to rules and regulations prescribing the internal
procedures and organization of the bureau, the manner and time of
entering pleas, the conduct of hearings, and the amount and manner of
payment of penalties;
4. To issue subpoenas to compel the attendance of persons to give
testimony at hearings and to compel the production of relevant books,
papers and other things;
5. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions
in any court of competent jurisdiction or any other place provided for
the entry of civil judgment within the state of New York;
6. To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the bureau and to furnish such
transcripts to the person charged at said person's own expense upon
timely request, and upon said person complying with the regulations of
the bureau;
7. To remit to the finance administrator, or other appropriate finance
officer, on or before the fifteenth day of each month, all monetary
penalties or fees received by the bureau during the prior calendar
month, along with a statement thereof, and, at the same time, to file
duplicate copies of such statement with the comptroller;
8. To answer within a reasonable period of time all relevant and
reasonable inquiries made by a person charged with a parking violation
or his attorney concerning the notice of violation served on that
person. The bureau must also furnish within a reasonable period of time
to the person charged on his request, and upon complying with the
regulations of the bureau, a copy of the original notice of violation
including all information contained thereon. Failure by the bureau to
comply with the provisions of this subdivision or any part of the
provisions of this subdivision, within forty-five days of such inquiry,
forwarded to the bureau by certified or registered mail, return receipt
requested, will result, upon the request of the person charged, in an
automatic dismissal of all charges relating to and only to that notice
of violation to which the inquiry was made;
* 9. To prepare and issue a notice of violation in blank to members of
the police department, the fire department, the traffic department and
to other officers as the bureau by regulation shall determine. The
notice of violation or duplicate thereof, when filled in and sworn to or
affirmed by such designated officers, and served as provided in this
article, shall constitute notice of the parking violation charged;
* NB Effective until December 1, 2014
* 9. To prepare and issue a notice of violation in blank to members of
the police department, the fire department, the traffic department and
to other officers as the bureau by regulation shall determine. The
notice of violation or duplicate thereof, when filled in and sworn to or
affirmed by such designated officers, and served as provided in this
article, shall constitute notice of the parking violation charged.
* NB Effective December 1, 2014
* 10. To adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-a of this chapter or
section eleven hundred eleven-b of this chapter as added by section
sixteen of the chapter of the laws of two thousand nine which amended
this subdivision, if authorized by local law adopted pursuant to
subdivision (a) of such section eleven hundred eleven-a or pursuant to
subdivision (a) of such section eleven hundred eleven-b as added by
section sixteen of the chapter of the laws of two thousand nine which
amended this subdivision;
* NB Effective until December 1, 2014
* 10. To adjudicate the liability of owners for violations of
subdivision (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b of this chapter as added
by section sixteen of the chapter of the laws of two thousand nine which
added this subdivision, if authorized by local law adopted pursuant to
subdivision (a) of such section eleven hundred eleven-b as added by
section sixteen of the chapter of the laws of two thousand nine which
added this subdivision.
* NB Effective and Repealed December 1, 2014
* 11. To adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty;
* NB Effective until September 20, 2015
* 11. To adjudicate the liability of owners for violations of toll
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty.
* NB Effective September 20, 2015
* 12. To adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section.
* NB Repealed September 20, 2015
§ 238. Notice of violation. 1. The notice of violation shall contain
information advising the person charged of the manner and the time in
which he 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. 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
hereinafter provided. The original or a facsimile thereof shall be filed
and retained by the bureau, and shall be deemed a record kept in the
ordinary 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 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 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 registration plates of said vehicle together
with 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 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.
2-a. (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, the plate type or the expiration date may be omitted
from the notice of violation; provided, however, such condition must be
so described and inserted on the notice of violation.
(b) If any information which is required to be inserted on a notice of
violation is omitted from the notice of violation, misdescribed, or
illegible, the violation shall be dismissed upon application of the
person charged with the violation.
(c) (i) A determination dismissing a charged parking violation that
has been 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
agent, employee, or representative may be set aside by a hearing
examiner as hereinafter provided.
(ii) Notice shall be served on the owner by mail to the last known
registered address within two years of the time that the enforcing
authority discovers, 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 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
admission 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.
(iii) Upon a finding by a hearing examiner that the dismissal of a
charged parking violation has been 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 agent, employee, or representative, the dismissal shall be
set aside and a determination may be rendered against the owner on the
charged parking violation. The hearing examiner may impose monetary
penalties for the charged parking violation of up to three times the
scheduled fine for the violation and three times the additional
penalties that may be imposed for failure to respond to a notice of
violation pursuant to section two hundred thirty-five of this article.
For purposes of determining the amount of such additional penalties, the
hearing examiner shall disregard the plea that procured the dismissal
that has been set aside and shall calculate such penalties as if there
had been no plea or appearance in the proceeding. In any proceeding
under this paragraph to set aside a determination and to impose
penalties for the violation, it shall not be necessary for the hearing
examiner to find that the owner personally committed the unlawful acts
that procured the dismissal of the violation.
(iv) Failure to appear at a hearing in response to a notice issued
pursuant to this paragraph shall be deemed to be an admission of
liability for the charged parking violation as set forth in the original
notice of violation and a default judgment may be entered against the
owner in the maximum amount set forth in subparagraph (iii) of this
paragraph.
(v) Notwithstanding any inconsistent provision of section two hundred
forty-one of this article, a default judgment may be entered pursuant to
this paragraph more than two years after the expiration of the time
prescribed for entering a plea or contesting an allegation, but no more
than two years of the time that the enforcing authority discovers, 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.
3. For purposes of this section, an operator of a vehicle who is not
the owner thereof but who uses or operates such vehicle with the
permission of the owner, express or implied, shall be deemed to be the
agent of such owner to receive notices of violation, whether personally
served on such operator or served by affixation in the manner aforesaid,
and service made in either manner as herein provided shall also be
deemed to be lawful service upon such owner.
§ 239. Ownership and operation of vehicles; liability. 1. Definitions.
Whenever used in this article, the following terms shall have the
following meanings:
a. "Owner" means any person, corporation, partnership, firm, agency,
association, lessor, or organization who at the time of the issuance of
a notice of violation in any city in which a vehicle is operated:
(1) is the beneficial or equitable owner of such vehicle; or
(2) has title to such vehicle; or
(3) is the registrant or co-registrant of such vehicle which is
registered with the department of motor vehicles of this state or any
other state, territory, district, province, nation or other
jurisdiction; or
(4) uses such vehicle in its vehicle renting and/or leasing business;
or
(5) is an owner of such vehicle as defined by section one hundred
twenty-eight of this chapter or subdivision (a) of section twenty-one
hundred one of this chapter.
b. "Lessor" means any person, corporation, firm, partnership, agency,
association or organization engaged in the business of renting or
leasing vehicles to any lessee or bailee under a rental agreement, lease
or otherwise, wherein the said lessee or bailee has the exclusive use of
said vehicle for any period of time.
c. "Lessee" means any person, corporation, firm, partnership, agency,
association or organization that rents, bails, leases or contracts for
the use of one or more vehicles and has the exclusive use thereof for
any period of time.
d. "Vehicle" means a vehicle as defined in section one hundred
fifty-nine of this chapter.
e. "Operator" means any person, corporation, firm, partnership,
agency, association, organization or lessee that uses or operates a
vehicle with or without the permission of the owner, and an owner who
operates his own vehicle.
* f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, and shall not be deemed to include a notice
of liability issued pursuant to section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty and shall not be deemed to include a
notice of liability issued pursuant to section eleven hundred eleven-c
of this chapter.
* NB Effective until December 1, 2014
* f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eleven-c of this chapter.
* NB Effective and expires December 1, 2014
* f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eleven-c of this chapter.
* NB Effective December 1, 2014 until September 20, 2015
* f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article.
* NB Effective September 20, 2015
g. "Fiscal year" means a period of one year commencing on the first
day of July and terminating on the thirtieth day of June.
h. "Primary filing" means the initial filing of registration plate
numbers by a lessor prior to the commencement of each fiscal year.
2. Liability. a. The operator of a vehicle shall be liable for the
fines or penalties imposed pursuant to this article. Except as otherwise
provided in paragraphs b and e of this subdivision, the owner of the
vehicle, even if not the operator thereof, shall be jointly and
severally liable with the operator thereof, if such vehicle was used or
operated with the permission of the owner, express or implied, but in
such case the owner may recover any fine or penalties paid by him from
the operator.
b. The lessor of a motor vehicle shall not be liable for fines or
penalties imposed pursuant to this article if:
(1) prior to the infraction, the lessor has filed with the bureau the
registration plate number, plate type, and place of registration of the
vehicle to which the notice of violation was issued and paid the
required filing fee provided in paragraph f of this subdivision and,
(2) within thirty-seven days after receiving notice from the bureau of
the date and time of a violation, together with the other information
contained in the original notice of violation, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of violation at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
c. If the lessor has complied with subparagraph one of paragraph b of
this subdivision such lessor shall not be liable for any penalties in
excess of the scheduled fine unless such lessor fails to appear within
thirty-seven days of actual receipt of a notice of violation pursuant to
paragraph e of this subdivision.
d. If the lessor who has complied with subparagraph one of paragraph b
of this subdivision has paid any fine or penalty for which he is liable
and the bureau subsequently collects from the operator or lessee the
amount of the scheduled fine and penalty owed by such person, or any
portion thereof, the lessor shall be entitled to reimbursement from the
bureau of the amount of the fine and penalty paid by the lessor, less
the bureau's costs of collection.
e. The lessor shall not be liable for any fines or penalties in
connection with a notice of violation for a vehicle whose registration
plate number is filed and the fee therefor paid prior to the time of the
issuance of notice of violation, unless the lessor shall receive notice
from the bureau of the date and time of such violation, together with
the other information contained in the original notice of violation,
within ninety days after service of the notice of violation, in
accordance with subdivision two of section two hundred thirty-eight of
this article.
f. The annual fee for filing a registration plate number with the
bureau by lessors under this section shall be twelve dollars per fiscal
year. Lessors shall also provide the bureau with such other additional
information in such format as the bureau by regulation may reasonably
require. The registration plate number shall not be considered filed
with the bureau unless the annual filing fee provided for in this
subdivision shall have been paid. Lessors shall not be entitled to a
refund, reduction, credit or other consideration in connection with such
annual filing fee in the event that such registration plate number is
withdrawn from service, destroyed or surrendered during the fiscal year
for which such registration plate number shall have been filed. In the
event that a lessor files with the bureau registration plate numbers
during the fiscal year, the annual filing fee for same shall be prorated
on a monthly basis, in accordance with a schedule that the bureau shall
promulgate by regulation for such purpose. The primary filing by each
lessor for each fiscal year shall be made at least thirty days prior to
the commencement of the fiscal year.
g. Where the United States postal authorities return to the bureau a
delinquency notice forwarded by the bureau to a name and address of a
lessee furnished by a lessor in accordance with provisions of this
section, such return notice shall be presumptive evidence of the
furnishing of an incorrect name and address by the lessor. The lessor
may, however, conclusively rebut such presumption if within sixty days
after receiving notification from the bureau of such returned mail
notice, the lessor shall provide to the bureau a copy of the rental
agreement or lease agreement for such lessee containing the name and
address previously furnished to the bureau. In the event that a lessor
shall fail to rebut the presumption established by this subdivision, the
lessor shall be liable for the fines imposed pursuant to this article
and in accordance with the rules and regulations promulgated by the
bureau.
h. The bureau shall by rules and regulations prescribe the manner and
method of giving notice of outstanding violations to the lessees, except
that notices of impending default judgment shall be forwarded by first
class mail, in accordance with subdivision two of section two hundred
forty-one of this article. All notices to lessors under this section
shall be by first class mail to the address on file with the bureau or
by such other means as shall be provided for in the rules and
regulations of the bureau.
i. A lessor shall cooperate with the bureau in the enforcement of
judgments rendered against lessees or providing the bureau, or its
designated agents, with such other additional information as shall be
contained in such lessor's rental or lease agreements with their lessees
as shall be available to them.
3. Stolen vehicles. If any owner of a motor vehicle receives a notice
of violation for a period during which the illegally parked vehicle was
reported to any police department as having been stolen, it shall be a
valid defense to any charge of a parking violation that the motor
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For the
purposes of asserting the defense provided by this subdivision, it shall
be sufficient that a certified copy of the police report of the stolen
vehicle be mailed to the bureau.
* 4. Applicability. The provisions of paragraph b of subdivision two
and subdivision three of this section shall not be applicable to
determinations of owner liability for the failure of an operator to
comply with subdivision (d) of section eleven hundred eleven of this
chapter and shall not be applicable to determinations of owner liability
imposed pursuant to section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty.
* NB Repealed December 1, 2014
§ 240. Hearings, notice and conduct. * 1. Notice of hearing. Whenever
a person charged with a parking violation enters a plea of not guilty or
a person alleged to be liable in accordance with section eleven hundred
eleven-a of this chapter or sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty two of the laws of two thousand nine, for a violation of
subdivision (d) of section eleven hundred eleven of this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section contests
such allegation, the bureau shall advise such person personally by such
form of first class mail as the director may direct of the date on which
he or she must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading or
contesting that failure to appear on the date designated, or on any
subsequent adjourned date, shall be deemed an admission of liability,
and that a default judgment may be entered thereon.
* NB Effective until December 1, 2014
* 1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, or a person alleged to be
liable in accordance with the provisions of section eleven hundred
eleven-c of this chapter for a violation of a bus lane restriction as
defined in such section contests such allegation, the bureau shall
advise such person personally by such form of first class mail as the
director may direct of the date on which he or she must appear to answer
the charge at a hearing. The form and content of such notice of hearing
shall be prescribed by the director, and shall contain a warning to
advise the person so pleading or contesting that failure to appear on
the date designated, or on any subsequent adjourned date, shall be
deemed an admission of liability, and that a default judgment may be
entered thereon.
* NB Effective and expires December 1, 2014
* 1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, contests such allegation, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of
liability, and that a default judgment may be entered thereon.
* NB Effective December 1, 2014 until September 20, 2015
* 1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he must appear to answer the charge at a
hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of
liability, and that a default judgment may be entered thereon.
* NB Effective September 20, 2015
* 1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or an allegation of liability in accordance with
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter, is being contested, by a person in a timely
fashion and a hearing upon the merits has been demanded, but has not yet
been held, the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
* NB Effective until December 1, 2014
* 1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter is being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the date of the
hearing.
* NB Effective and expires December 1, 2014
* 1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter is
being contested, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
* NB Effective December 1, 2014 until September 20, 2015
* 1-a. Fines and penalties. Whenever a plea of not guilty has been
entered by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any notice of fine or penalty to that person prior to the date of the
hearing.
* NB Effective September 20, 2015
2. Conduct of hearings. * a. Every hearing for the adjudication of a
charge of parking violation or an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
or an allegation of liability in accordance with section eleven hundred
eleven-c of this chapter, shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
* NB Effective until December 1, 2014
* a. Every hearing for the adjudication of a charge of parking
violation or an allegation of liability in accordance with sections
eleven hundred eleven-b of this chapter, as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine or an allegation of liability in accordance with section eleven
hundred eleven-c of this chapter, shall be held before a hearing
examiner in accordance with rules and regulations promulgated by the
bureau.
* NB Effective and expires December 1, 2014
* a. Every hearing for the adjudication of a charge of parking
violation or an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter shall be held before a hearing
examiner in accordance with rules and regulations promulgated by the
bureau.
* NB Effective December 1, 2014 until September 20, 2015
* a. Every hearing for the adjudication of a charge of parking
violation shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
* NB Effective September 20, 2015
b. No charge may be established except upon proof by substantial
evidence.
c. The hearing examiner shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged
communications.
d. The hearing examiner shall at the request of the person charged on
a showing of good cause and need therefor, or in his own discretion,
issue a subpoena to compel the appearance at a hearing of the officer
who served the notice of violation or of other persons to give
testimony, and may issue a subpoena duces tecum to compel the production
for examination or introduction into evidence, of any book, paper or
other thing relevant to the charges.
e. In the case of a refusal to obey a subpoena, the bureau may make
application to the Supreme Court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order
requiring such appearance, testimony or production of evidence.
f. The hearing examiner shall not examine the prior violation record
of a person charged before making a determination.
* g. A record shall be made of a hearing on a plea of not guilty or of
a hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters
twenty, twenty-one, and twenty-two of the laws of two thousand nine is
contested or of a hearing at which liability in accordance with section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty is contested or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter is contested. Recording devices may be used for
the making of the record.
* NB Effective until December 1, 2014
* g. A record shall be made of a hearing on a plea of not guilty or of
a hearing at which liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters
twenty, twenty-one, and twenty-two of the laws of two thousand nine or
of a hearing at which liability in accordance with section eleven
hundred eleven-c of this chapter is contested. Recording devices may be
used for the making of the record.
* NB Effective and expires December 1, 2014
* g. A record shall be made of a hearing on a plea of not guilty or of
a hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter is contested. Recording devices may be used for
the making of the record.
* NB Effective December 1, 2014 until September 20, 2015
* g. A record shall be made of a hearing on a plea of not guilty.
Recording devices may be used for the making of the record.
* NB Effective September 20, 2015
§ 241. Final determinations, judgments. * 1. The hearing examiner
shall make a determination on the charges, either sustaining or
dismissing them. Where the hearing examiner determines that the charges
have been sustained he or she may examine either the prior parking
violations record or the record of liabilities incurred in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or the record of liabilities incurred in
accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
of the person charged, or the record of liabilities incurred in
accordance with section eleven hundred eleven-c of this chapter, as
applicable prior to rendering a final determination. Final
determinations sustaining or dismissing charges shall be entered on a
final determination roll maintained by the bureau together with records
showing payment and nonpayment of penalties.
* NB Effective until December 1, 2014
* 1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner
determines that the charges have been sustained he or she may examine
either the prior parking violations record or the record of liabilities
incurred in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine of the person charged, or
the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, as applicable prior to rendering a
final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of
penalties.
* NB Effective and Expires December 1, 2014
* 1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner
determines that the charges have been sustained he or she may examine
the prior parking violations record of the person charged, or the record
of liabilities incurred in accordance with section eleven hundred
eleven-c of this chapter, as applicable, prior to rendering a final
determination. Final determinations sustaining or dismissing charges
shall be entered on a final determination roll maintained by the bureau
together with records showing payment and nonpayment of penalties.
* NB Effective December 1, 2014 until September 20, 2015
* 1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner
determines that the charges have been sustained he may examine the prior
parking violations record of the person charged prior to rendering a
final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of
penalties.
* NB Effective September 20, 2015
* 2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau, such
failure to plead or contest, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine alleged or liability in
accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
alleged or liability in accordance with section eleven hundred eleven-c
of this chapter, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or in accordance with sections eleven
hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine or contesting an allegation of liability in accordance with section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter, as appropriate, or making an appearance within
thirty days of the sending of such notice. Pleas entered and allegations
contested within that period shall be in the manner prescribed in the
notice and not subject to additional penalty or fee. Such notice of
impending default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who are
non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea or contesting an allegation. When a
person has demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he or she
shall impose no greater penalty or fine than those upon which the person
was originally charged.
* NB Effective until December 1, 2014
* 2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
fails to appear on a designated hearing date or subsequent adjourned
date or fails after a hearing to comply with the determination of a
hearing examiner, as prescribed by this article or by rule or regulation
of the bureau, such failure to plead, contest, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged, or liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters
twenty, twenty-one, and twenty-two of the laws of two thousand nine, or
liability in accordance with section eleven hundred eleven-c of this
chapter alleged, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with sections eleven
hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine, or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter as appropriate, or
making an appearance within thirty days of the sending of such notice.
Pleas entered and allegations contested within that period shall be in
the manner prescribed in the notice and not subject to additional
penalty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea or contesting
an allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges,
sustaining them, he or she shall impose no greater penalty or fine than
those upon which the person was originally charged.
* NB Effective and Expires December 1, 2014
* 2. Where an operator or owner fails to enter a plea to a charge of a
parking violation, or fails to contest an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter, or
fails to appear on a designated hearing date or subsequent adjourned
date or fails after a hearing to comply with the determination of a
hearing examiner, as prescribed by this article or by rule or regulation
of the bureau, such failure to plead, appear or comply shall be deemed,
for all purposes, an admission of liability and shall be grounds for
rendering and entering a default judgment in an amount provided by the
rules and regulations of the bureau. However, after the expiration of
the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged or alleged liability in accordance with section eleven hundred
eleven-c of this chapter, (2) of the impending default judgment, (3)
that such judgment will be entered in the Civil Court of the city in
which the bureau has been established, or other court of civil
jurisdiction or any other place provided for the entry of civil
judgments within the state of New York, and (4) that a default may be
avoided by entering a plea or contesting an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter or
making an appearance within thirty days of the sending of such notice.
Pleas entered within that period shall be in the manner prescribed in
the notice and not subject to additional penalty or fee. Such notice of
impending default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who are
non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
the hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
* NB Effective December 1, 2014 until September 20, 2015
* 2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or fails to appear on a designated hearing date or
subsequent adjourned date or fails after a hearing to comply with the
determination of a hearing examiner, as prescribed by this article or by
rule or regulation of the bureau, such failure to plead, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, (2) of the impending default judgment, (3)
that such judgment will be entered in the Civil Court of the city in
which the bureau has been established, or other court of civil
jurisdiction or any other place provided for the entry of civil
judgments within the state of New York, and (4) that a default may be
avoided by entering a plea or making an appearance within thirty days of
the sending of such notice. Pleas entered within that period shall be in
the manner prescribed in the notice and not subject to additional
penalty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea. When a person
has demanded a hearing, no fine or penalty shall be imposed for any
reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he shall
impose no greater penalty or fine than those upon which the person was
originally charged.
* NB Effective September 20, 2015
3. A judgment entered pursuant to the provisions of this section shall
remain in full force and effect for eight years notwithstanding any
other provision of law.
§ 241-a. Complaint procedure for satisfied or wrongfully imposed fine
or penalty. 1. (a) Every city with a population of more than one million
inhabitants that has established a parking violations bureau shall
establish, within such bureau, a properly staffed complaint unit of
public service representatives to respond to complaints from any person
who, after having satisfied, by payment, adjudication, or administrative
action, any fine or penalty for a parking violation or after having
proven that a fine or penalty was wrongfully imposed on this person,
receives a demand for payment of the fine or penalty previously
satisfied or wrongfully imposed, or is denied any registration or
renewal application by the department of motor vehicles upon a
certification from such parking violations bureau based upon lack of
payment of any fine or penalty previously satisfied or wrongfully
imposed. The complaint unit established under this section shall accept
complaints either in person or by certified mail, return receipt
requested. Each written demand for payment, other than the first demand
following issuance of the notice of violation, shall advise the
addressee of the existence of the complaint unit and the procedure for
submitting a complaint. Upon receipt of a complaint, if in person, or
within ten work days after receipt of a complaint if by mail, the
complaint unit shall acknowledge receipt in writing and notify the
complainant of the procedure for further review. The complaint unit
shall, within thirty days after receiving a complaint in person or by
certified mail supported by the proof prescribed by this section, notify
the complainant that the payment has been credited to his or her record;
that the wrongful imposition has been removed from the complainant's
record; or that the information sent to the bureau fails to prove that
the fine or penalty was satisfied or that the imposition was wrongful,
in which case the reason or reasons shall be set forth.
(b) If, after this thirty day period, the bureau continues to demand
payment from this person of the fine or penalty previously satisfied or
wrongfully imposed, or if the bureau does not render a determination,
the person within six months from the date of his or her complaint shall
have the right to an expedited review before a panel of three
administrative law judges. Such panel shall be empowered to compel the
bureau to produce records and other evidence relevant and material to
the complaint. The complainant shall be required to submit, together
with his or her request for a review, a copy of all the materials
submitted with the original complaint. The panel of administrative law
judges shall be empowered to direct that the bureau's records be
changed, as appropriate, to insure that no further demand is made for
the fine or penalty previously satisfied or wrongfully imposed, and the
bureau shall comply with such directive. Further, the panel of
administrative law judges, upon petition by the complainant, may at its
sole discretion, direct the parking violations bureau to pay the
complainant who receives a wrongfully imposed fine or has previously
satisfied an outstanding fine such out-of-pocket expenses as the panel
deems reasonable only in such cases where the complainant sufficiently
demonstrates that he or she has notified the bureau of his or her
complaint under this section and the bureau has failed, in the panel's
opinion, to remove the wrongfully imposed fine or the previously
satisfied fine; however, payment of such expenses shall not exceed the
amount of the original fine.
(c) Any other city authorized to establish a parking violations bureau
may create a panel to resolve complaints relating to satisfied penalties
and wrongfully imposed penalties. The composition of such a panel shall
be determined by local option.
2. This section shall not apply to parking violation fines or
penalties relating to commercial, taxi, common or contract carriers or
livery vehicles.
3. In cities required to create a review panel under this section, the
parking violations bureau shall keep a record of all complaints
submitted under this section for a minimum of three years, and shall
issue a public report every year containing the number of complaints
heard each year according to category, the number of dispositions
favorable to complainants, the average compensation awarded in such
favorable dispositions, and any other appropriate information. Such
information shall also be published annually and placed in the municipal
reference library, in such cities where applicable.
4. The proof that must be submitted in connection with a complaint
made under this section is, as appropriate, a copy of the receipt, money
order or front and back of cancelled check; a copy of a police report of
stolen vehicle or stolen or lost plates or proof of an insurance company
payment for a stolen vehicle, or a department of motor vehicles receipt
for surrendered plates. As used in this section, a "wrongfully imposed"
fine or penalty shall mean a fine or penalty which is imposed after the
respective vehicle has been stolen or after the license plates were
stolen, lost or surrendered to the department of motor vehicles.
5. Every such parking violations bureau shall adopt and promulgate
rules and regulations not inconsistent with any applicable provision of
law, to carry out the purposes of this section.
§ 242. Administrative review. 1. There shall be an appeals board
within the bureau which shall consist of three or more hearing examiners
but in no event shall the hearing examiner from whose decision the
appeal is taken be included in the panel determining said appeal.
2. An appeal from a determination of any hearing examiner after a
hearing on a plea denying liability, or from a determination denying a
motion to reopen any matter shall be submitted to the appeals board,
which shall have power to review the facts and the law, and shall have
power to reverse or modify any determination appealed from for error of
fact or law.
3. A party aggrieved by the final determination of a hearing examiner
may obtain a review thereof by serving, either personally in writing or
by certified or registered mail, return receipt requested, upon the
bureau, within thirty days of the entry of such final determination, a
notice of appeal setting forth the reasons why the final determination
should be reversed or modified. Upon receipt of such notice of appeal,
the bureau shall furnish to the appellant, at his request and at his own
expense, a transcript of the original hearing. No appeal shall be
conducted less than ten days after the mailing of the transcript to the
appellant or his attorney. When the questions presented by an appeal can
be determined without an examination of all the pleadings and
proceedings, the appellant may prepare and submit a statement showing
how the questions arose and were decided by the hearing examiner and
setting forth only so much of the facts averred and proved or sought to
be proved as are necessary to a decision of the questions.
4. Appeals shall be conducted in the presence of the appellant or his
attorney or both, if such right of appearance is expressly requested by
the appellant in his notice of appeal and upon his complying with the
regulations of the bureau. If the appellant elects to appear, the bureau
within thirty days after the receipt of the notice of appeal shall
advise the appellant, either personally or by ordinary first class mail
of the date on which he shall appear. No appeal shall be conducted less
than ten days after the mailing of such notification. The appellant
shall be notified in writing of the decision of the appeals board.
5. The service of a notice of appeal shall not stay the enforcement of
a judgment upon the determination appealed from unless the appellant
shall have posted a bond in the amount of such determination, at the
time of, or before the service of such notice of appeal unless the
enforcement of such judgment shall have been stayed by the appeals
board.
6. When charges have been overturned by a court or any other
administrative 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 penalty imposed and collected from the parking violations bureau
within thirty 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.
§ 243. Judicial review. The order of the appeals board shall be the
final determination of the bureau. Judicial review may be sought
pursuant to article seventy-eight of the civil practice law and rules.
§ 244. Separability. If any provision of this article or the
application of such provision to any person or circumstances shall be
held unconstitutional or invalid, the constitutionality or validity of
the remainder of this article and the applicability of such provision to
other persons or circumstances shall not be affected thereby.