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A04509 Summary:

BILL NOA04509
 
SAME ASSAME AS S02471
 
SPONSORHyndman
 
COSPNSRGibbs, Zebrowski, Jackson
 
MLTSPNSRSimon
 
Add §§223-b & 223-c, amd §§237 & 238, V & T L
 
Requires that photographs of all parking violations be taken and maintained; requires that such photographs be furnished to the person charged in a reasonable time upon request.
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A04509 Actions:

BILL NOA04509
 
02/16/2023referred to transportation
01/03/2024referred to transportation
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A04509 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4509
 
SPONSOR: Hyndman
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring photographs of all parking violations   PURPOSE OR GENERAL IDEA OF BILL: To require that purchases of equipment and technology be able to support that photographic evidence of parking violations. Also to require that photographic evidence of parking violations be available and kept on record for all parking violation summons issued.   JUSTIFICATION: Currently, vehicle owners who receive a parking violation notice are not provided with any photographic evidence that demonstrates why they received the violation. Often, in trying to contest these violations, the vehicle owner must bear the burden of proving their innocence. This bill requires that the violations issuing agency be able to produce and maintain photographic evidence of the violation for the vehicle owner's review. This photograph would help demonstrate to the owner the circumstances under which they received the parking violation. The vehicle owner may not have been aware of the violation (e.g. the original ticket was lost due to wind or rain), and would be more inclined to pay the fine when presented with photographic evidence. Alternately, in cases where the ticket was issued falsely or erroneous- ly, the photograph would be allow the vehicle owner to easily demon- strate why the violation should be dismissed. It could also allow the owner to demonstrate any the mitigating circumstances for consideration, such as construction or poor/illegible signage. This bill would mandate that equipment which would support photographic documentation of parking violations will be purchased whenever obsolete equipment needs to replacing.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.
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A04509 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4509
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2023
                                       ___________
 
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in  relation  to  requiring
          photographs of all parking violations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
     2  section 223-b to read as follows:
     3    § 223-b. Camera technology required for purchases or upgrades of park-
     4  ing  violation  devices.  1.  On  and  after  the effective date of this
     5  section, the commissioner shall require that all purchases, upgrades  or
     6  replacements  of devices used to identify parking violations at the site
     7  of the violation shall contain a camera capable of conspicuously  photo-
     8  graphing the vehicle, producing a time/date stamp, and any other factors
     9  relevant  to  the  enforcement of parking violations pursuant to article
    10  two-B of this title. The commissioner shall also require  any  state  or
    11  local  entity  that  currently possesses such camera technology to imme-
    12  diately implement the technology and comply with the provisions of  this
    13  section.
    14    2.  Nothing in this section shall interfere with any rights, benefits,
    15  including the terms and conditions of employment, or the  civil  service
    16  and collective bargaining status of any existing or new employees.
    17    §  2.  The  vehicle and traffic law is amended by adding a new section
    18  223-c to read as follows:
    19    § 223-c. Photographs required for parking violations. 1.  The  commis-
    20  sioner  shall  require  that  all  parking violations issued pursuant to
    21  article two-B of this title be accompanied  with  a  photograph  of  the
    22  alleged  violation.  Such  photograph  shall  be  time/date  stamped and
    23  conspicuously display the vehicle and relevant parking sign, if applica-
    24  ble.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06436-01-3

        A. 4509                             2
 
     1    2. Such photographs shall be stored with the bureau  to  be  furnished
     2  whenever  requested  by the person charged pursuant to subdivision six-a
     3  of section two hundred thirty-seven of this title.
     4    3.  The  commissioner  shall  ensure,  to the extent practicable, that
     5  photographs required pursuant to subdivision one of this  section  shall
     6  not  include  images  that  identify  the  driver,  the  passengers, the
     7  contents of the vehicle, pedestrians  or  cyclists.  Provided,  however,
     8  that  no  violation  issued  pursuant to this section shall be dismissed
     9  solely because  a  photograph  allows  for  the  identification  of  the
    10  contents  of  a  vehicle, provided that the bureau has made a reasonable
    11  effort to comply with the  provisions  of  this  subdivision.  Provided,
    12  further,  that  the  use or dissemination of the vehicle's license plate
    13  information and other information and images  captured  by  such  photo-
    14  graphs  shall  not  be  permitted  except:  (a) as required to establish
    15  liability under this section or to collect payment of penalties; (b)  as
    16  required by court order; or (c) as otherwise required by law.
    17    § 3. Section 237 of the vehicle and traffic law is amended by adding a
    18  new subdivision 6-a to read as follows:
    19    6-a.  To  compile  and  maintain  the photographs associated with each
    20  parking violation issued.  The bureau shall furnish within a  reasonable
    21  period  of  time  to the person charged on his or her request, a copy of
    22  such photograph;
    23    § 4. Subdivision 2 of section 238 of the vehicle and traffic  law,  as
    24  amended  by  chapter  224  of  the  laws  of 1995, is amended to read as
    25  follows:
    26    2. A notice of violation shall be served personally upon the  operator
    27  of  a motor vehicle who is present at the time of service, and his name,
    28  together with the plate designation and the plate type as shown  by  the
    29  registration plates of said vehicle and the expiration date; the make or
    30  model,  and  body  type  of  said  vehicle; a description of the charged
    31  violation, including but not limited to a reference  to  the  applicable
    32  traffic  rule  or  provision of this chapter; information as to the days
    33  and hours the applicable rule or provision of this chapter is in effect,
    34  unless always in effect pursuant to  rule  or  this  chapter  and  where
    35  appropriate the word ALL when the days and/or hours in effect are every-
    36  day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
    37  violation, where appropriate; [and] the date, time and particular  place
    38  of  occurrence  of  the  charged violation; and a notice and information
    39  regarding how the person charged may request a photograph of the alleged
    40  violation, shall be inserted therein. A mere listing of a  meter  number
    41  in cases of charged meter violations shall not be deemed to constitute a
    42  sufficient  description of a particular place of occurrence for purposes
    43  of this subdivision. The notice of violation shall be  served  upon  the
    44  owner  of  the motor vehicle if the operator is not present, by affixing
    45  such notice to said vehicle in a conspicuous place. Whenever such notice
    46  is so affixed, in lieu of inserting the name of the person charged  with
    47  the  violation  in  the  space  provided  for the identification of said
    48  person, the words "owner of the vehicle bearing license" may be inserted
    49  to be followed by the plate designation and plate type as shown  by  the
    50  registration  plates  of said vehicle together with the expiration date;
    51  the make or model, and body type of said vehicle; a description  of  the
    52  charged  violation,  including  but  not  limited  to a reference to the
    53  applicable traffic rule or provision of this chapter; information as  to
    54  the  days  and hours the applicable rule or provision of this chapter is
    55  in effect unless always in effect pursuant to rule or this  chapter  and
    56  where  appropriate the word ALL when the days and/or hours in effect are

        A. 4509                             3
 
     1  every day and/or twenty-four hours a day; the meter number for  a  meter
     2  violation  where  appropriate; [and] the date, time and particular place
     3  of occurrence of the charged violation; and  a  notice  and  information
     4  regarding how the person charged may request a photograph of the alleged
     5  violation.    Service of the notice of violation, or a duplicate thereof
     6  by affixation as herein provided shall have the same  force  and  effect
     7  and  shall  be  subject  to  the same penalties for disregard thereof as
     8  though the same was personally  served  with  the  name  of  the  person
     9  charged with the violation inserted therein.
    10    §  5. Subdivision 2-a of section 238 of the vehicle and traffic law is
    11  amended by adding a new paragraph (b-1) to read as follows:
    12    (b-1) The time/date stamped photograph required  pursuant  to  section
    13  two  hundred  twenty-three-c  of this title shall be preserved to use as
    14  evidence until a final determination on the notice is made  pursuant  to
    15  this article.
    16    § 6. This act shall take effect on the one hundred eightieth day after
    17  it  shall have become a law. Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation of this act on its effective date are authorized to be  made  and
    20  completed on or before such effective date.
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