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S08410 Summary:

BILL NOS08410
 
SAME ASNo Same As
 
SPONSORCOMRIE
 
COSPNSR
 
MLTSPNSR
 
Amd §238, V & T L
 
Relates to notices of violation returnable to a parking violations bureau in a city with a population of one million or more; provides that in a city with a population of one million persons or more, if such notice is served upon the operator of a vehicle that has no such registration plate or if such registration plate is concealed or obscured, the vehicle identification number may be inserted in such notice in place of the plate designation and plate type.
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S08410 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8410
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      June 9, 2025
                                       ___________
 
        Introduced  by  Sen.  COMRIE  -- (at request of the NYC Finance) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules
 
        AN  ACT  to amend the vehicle and traffic law, in relation to notices of
          violation returnable to a parking violations bureau in a city  with  a
          population of one million or more

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 238 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 224 of the laws of 1995, is amended to read
     3  as follows:
     4    2. A notice of violation shall be served personally upon the  operator
     5  of a motor vehicle who is present at the time of service, and [his] such
     6  operator's  name, together with the plate designation and the plate type
     7  as shown by the registration plates of said vehicle and  the  expiration
     8  date,  provided  that in a city with a population of one million persons
     9  or more, if such notice is served upon the operator of  a  vehicle  that
    10  has  no  such registration plate issued by the commissioner, the commis-
    11  sioner's agent, or the equivalent official or agent from another  state,
    12  territory,  district, province, nation or other jurisdiction, or if such
    13  registration plate is concealed or obscured, the vehicle  identification
    14  number  may be inserted in such notice in place of the plate designation
    15  and plate type; the make or model, and, provided that  a  body  type  is
    16  indicated  on the registration sticker of said vehicle, the body type of
    17  said vehicle; a description of the charged violation, including but  not
    18  limited  to  a  reference to the applicable traffic rule or provision of
    19  this chapter; information as to the days and hours the  applicable  rule
    20  or  provision  of  this  chapter  is  in effect, unless always in effect
    21  pursuant to rule or this chapter and where appropriate the word ALL when
    22  the days and/or hours in effect are everyday and/or twenty-four hours  a
    23  day;  the meter number for a meter violation, where appropriate; and the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13371-01-5

        S. 8410                             2
 
     1  date, time and particular place of occurrence of the charged  violation,
     2  shall  be inserted therein. A mere listing of a meter number in cases of
     3  charged meter violations shall not be deemed to constitute a  sufficient
     4  description  of  a  particular  place of occurrence for purposes of this
     5  subdivision. The notice of violation shall be served upon the  owner  of
     6  the  motor  vehicle  if  the  operator  is not present, by affixing such
     7  notice to said vehicle in a conspicuous place. Whenever such  notice  is
     8  so affixed, in lieu of inserting the name of the person charged with the
     9  violation  in  the space provided for the identification of said person,
    10  the words "owner of the vehicle bearing license" may be inserted  to  be
    11  followed  by the plate designation and plate type as shown by the regis-
    12  tration plates of  said  vehicle  together  with  the  expiration  date,
    13  provided  that,  in  a  city with a population of one million persons or
    14  more, if such notice is affixed to a vehicle that has no such  registra-
    15  tion  plate issued by the commissioner, the commissioner's agent, or the
    16  equivalent official or agent from another  state,  territory,  district,
    17  province, nation or other jurisdiction, or if such registration plate is
    18  concealed or obscured, the vehicle identification number may be inserted
    19  in  such  notice  in  place of the plate designation and plate type, and
    20  such notice shall indicate the reason  for  insertion  of  such  vehicle
    21  identification  number, and supporting photographic documentation may be
    22  provided; the make or model, and, provided that a body type is indicated
    23  on the registration sticker of said vehicle, the body type of said vehi-
    24  cle; a description of the charged violation, including but  not  limited
    25  to a reference to the applicable traffic rule or provision of this chap-
    26  ter;  information  as  to  the  days  and  hours  the applicable rule or
    27  provision of this chapter is in effect unless always in effect  pursuant
    28  to rule or this chapter and where appropriate the word ALL when the days
    29  and/or hours in effect are every day and/or twenty-four hours a day; the
    30  meter number for a meter violation where appropriate; and the date, time
    31  and particular place of occurrence of the charged violation.  Service of
    32  the  notice of violation, or a duplicate thereof by affixation as herein
    33  provided shall have the same force and effect and shall  be  subject  to
    34  the  same  penalties  for  disregard  thereof  as  though  the  same was
    35  personally served with the name of the person charged with the violation
    36  inserted therein.
    37    § 2. This act shall take effect immediately.
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