Prohibits the removal or seizure of a vehicle for failure to satisfy outstanding parking violation judgments when such vehicle is occupied and, in the city of New York, also prohibits the removal of such a vehicle unless the total amount of outstanding parking judgments is more than $500 and the vehicle cannot be impounded by booting it where it is found; prohibits excessive towing charges.
STATE OF NEW YORK
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3542
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
DIAZ, HIKIND, HOOPER, V. LOPEZ, MENG -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law and the administrative code
of the city of New York, in relation to the removal of motor vehicles
for the failure to satisfy judgments in certain circumstances
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of section 1204 of the vehicle and traffic
2 law is amended by adding a new paragraph 3 to read as follows:
3 3. Notwithstanding any other provision of law, a motor vehicle regis-
4 tered in this state shall not be removed from any street or public area
5 or seized solely for the purpose of satisfying an outstanding judgment
6 or judgments for parking violations against the owner if such vehicle is
7 occupied.
8 § 2. Section 19-212 of the administrative code of the city of New
9 York, as amended by local law number 65 of the city of New York for the
10 year 2005, is amended to read as follows:
11 § 19-212 Limitation on removal of motor vehicles for purposes of
12 satisfying parking violation judgments. a. Notwithstanding any other
13 provision of law, a motor vehicle shall not be removed from any street
14 or other public area solely for the purpose of satisfying an outstanding
15 judgment or judgments for parking violations against the owner if such
16 vehicle is occupied; if such vehicle is unoccupied it may not be removed
17 unless the total amount of such judgment or judgments, including inter-
18 est, is greater than [three] five hundred [fifty] dollars and the vehi-
19 cle cannot be impounded by booting it where it is found. The provisions
20 of this section shall not be construed to prohibit the removal of a
21 motor vehicle which is illegally parked, stopped or standing.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01827-01-9
A. 3542 2
1 b. If a motor vehicle is removed pursuant to subdivision a of this
2 section, the towing charge shall be no more than the normal and reason-
3 able charge for towing in the city of New York.
4 § 3. This act shall take effect January 1, 2011.
