STATE OF NEW YORK
________________________________________________________________________
2342--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, in relation to providing
for service of parking tickets by mail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 238 of the vehicle and
2 traffic law, subdivisions 1 and 3 as added by chapter 715 of the laws of
3 1972, and subdivision 2 as amended by chapter 224 of the laws of 1995,
4 are amended to read as follows:
5 1. The notice of violation shall contain information advising the
6 person charged of the manner and the time in which [he] such person may
7 plead either guilty or not guilty to the violation alleged in the
8 notice. Such notice of violation shall also contain a warning to advise
9 the person charged that failure to plead in the manner and time provided
10 shall be deemed an admission of liability and that a default judgment
11 may be entered thereon. Where such notice is served by first-class mail
12 to a post office box address pursuant to subdivision two of this
13 section, the person charged shall be given an additional sixty days to
14 respond to the notice. The form and wording of the notice of violation
15 shall be prescribed by the director. A duplicate of each notice of
16 violation shall be served on the person charged in the manner hereinaft-
17 er provided. The original or a facsimile thereof shall be filed and
18 retained by the bureau, and shall be deemed a record kept in the ordi-
19 nary course of business, and shall be prima facie evidence of the facts
20 contained therein.
21 2. A notice of violation shall be served personally upon the operator
22 of a motor vehicle who is present at the time of service, and [his]
23 their name, together with the plate designation and the plate type as
24 shown by the registration plates of said vehicle and the expiration date
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03602-04-5
A. 2342--A 2
1 where available; the make or model, and body type of said vehicle; a
2 description of the charged violation, including but not limited to a
3 reference to the applicable traffic rule or provision of this chapter;
4 information as to the days and hours the applicable rule or provision of
5 this chapter is in effect, unless always in effect pursuant to rule or
6 this chapter and where appropriate the word ALL when the days and/or
7 hours in effect are everyday and/or twenty-four hours a day; the meter
8 number for a meter violation, where appropriate; and the date, time and
9 particular place of occurrence of the charged violation, shall be
10 inserted therein. A mere listing of a meter number in cases of charged
11 meter violations shall not be deemed to constitute a sufficient
12 description of a particular place of occurrence for purposes of this
13 subdivision. The notice of violation shall be served upon the owner of
14 the motor vehicle if the operator is not present, by affixing such
15 notice to said vehicle in a conspicuous place or by sending notice to
16 such owner by first-class mail within fourteen business days if the
17 motor vehicle is registered in New York or within forty-five business
18 days if the motor vehicle is registered out of state. A manual or auto-
19 matic record of mailing prepared in the ordinary course of business
20 shall be prima facie evidence of the facts contained therein. Whenever
21 such notice is so affixed or mailed, in lieu of inserting the name of
22 the person charged with the violation in the space provided for the
23 identification of said person, the words "owner of the vehicle bearing
24 license" may be inserted to be followed by the plate designation and
25 plate type as shown by the registration plates of said vehicle together
26 with the expiration date where available; the make or model, and body
27 type of said vehicle; a description of the charged violation, including
28 but not limited to a reference to the applicable traffic rule or
29 provision of this chapter; information as to the days and hours the
30 applicable rule or provision of this chapter is in effect unless always
31 in effect pursuant to rule or this chapter and where appropriate the
32 word ALL when the days and/or hours in effect are every day and/or twen-
33 ty-four hours a day; the meter number for a meter violation where appro-
34 priate; and the date, time and particular place of occurrence of the
35 charged violation. Service of the notice of violation, or a duplicate
36 thereof by affixation or mail as herein provided shall have the same
37 force and effect and shall be subject to the same penalties for disre-
38 gard thereof as though the same was personally served with the name of
39 the person charged with the violation inserted therein.
40 3. For purposes of this section, an operator of a vehicle who is not
41 the owner thereof but who uses or operates such vehicle with the permis-
42 sion of the owner, express or implied, shall be deemed to be the agent
43 of such owner to receive notices of violation, whether personally served
44 on such operator, or served by affixation or by sending notice to the
45 owner by first-class mail in the manner aforesaid, and service made in
46 [either] any manner as herein provided shall also be deemed to be lawful
47 service upon such owner.
48 § 2. Section 238 of the vehicle and traffic law is amended by adding
49 two new subdivisions 4 and 5 to read as follows:
50 4. When an owner of a vehicle is served the initial parking violation
51 notice by first-class mail pursuant to this section but did not in fact
52 receive such notice in a timely fashion, such owner may send by first-
53 class mail a written notarized statement made under penalty of perjury
54 stating that they did not receive such notice until the time to pay the
55 fine had elapsed. Such statement shall be accompanied by full payment
56 of the original parking violation fine. Upon receipt of such statement
A. 2342--A 3
1 and payment, any late fees for payment of the parking violation fee
2 shall be waived and no new late fees may be imposed.
3 5. In any instance where a photograph is taken for the purpose of
4 documenting an alleged parking violation:
5 (a) The photograph shall be reviewed and approved by a municipal
6 employee or agent designated by the applicable local authority prior to
7 the issuance of a notice of violation;
8 (b) Such photograph shall be used exclusively for the purpose of
9 enforcing parking violations occurring in no stopping, standing or no
10 parking zones or any other designated zone where dangerous parking
11 occurs and shall not be used or shared for any other purpose except as
12 required by law;
13 (c) To the extent practicable, photographs shall be captured in such a
14 way as to avoid recording any images that identify the driver, the
15 passengers, or the contents of the vehicle. Provided, however, that no
16 notice of violation issued pursuant to this section shall be dismissed
17 solely because a photograph or photographs allow for the identification
18 of the contents of the vehicle;
19 (d) Any photographs taken pursuant to this section shall be retained
20 only as long as necessary to adjudicate the parking violation and
21 fulfill administrative or legal obligations, and shall be expunged or
22 destroyed no later than ninety days after final disposition of the
23 notice of violation, unless subject to court order or other legally
24 mandated retention requirement; and
25 (e) Wherever parking enforcement is conducted using a camera or other
26 photographic equipment, signage shall be posted on or near existing
27 parking signs indicating that camera enforcement is in use.
28 § 3. This act shall take effect immediately.
