A09282 Summary:

BILL NOA09282
 
SAME ASSAME AS S06822
 
SPONSORFahy
 
COSPNSRSkoufis, McDonald, Murray, Robinson, Pretlow
 
MLTSPNSRAbbate, Crouch, Magee, Palumbo, Simon
 
Add §1605, amd §238, V & T L
 
Allows a notice of any parking violation to be sent by first class mail to any person alleged to be liable as an owner of the motor vehicle within fourteen business days if the owner is a New York state resident or forty-five business days for a non-resident.
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A09282 Actions:

BILL NOA09282
 
02/11/2016referred to transportation
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A09282 Committee Votes:

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A09282 Floor Votes:

There are no votes for this bill in this legislative session.
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A09282 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9282
 
                   IN ASSEMBLY
 
                                    February 11, 2016
                                       ___________
 
        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to the  service
          of notice of 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 1605 to read as follows:
     3    §  1605.  Service  of notice of parking violation. Notwithstanding any
     4  other provision of law, a notice of any parking violation may be sent by
     5  first class mail to any person alleged to be liable as an owner  of  the
     6  motor  vehicle within fourteen business days if such owner is a resident
     7  of this state and within forty-five business days if  such  owner  is  a
     8  non-resident.  Personal delivery on the owner of the motor vehicle shall
     9  not be required.
    10    § 2. Subdivision 2 of section 238 of the vehicle and traffic  law,  as
    11  amended  by  chapter  224  of  the  laws  of 1995, is amended to read as
    12  follows:
    13    2. A notice of violation shall be served personally upon the  operator
    14  of  a motor vehicle who is present at the time of service, and his name,
    15  together with the plate designation and the plate type as shown  by  the
    16  registration plates of said vehicle and the expiration date; the make or
    17  model,  and  body  type  of  said  vehicle; a description of the charged
    18  violation, including but not limited to a reference  to  the  applicable
    19  traffic  rule  or  provision of this chapter; information as to the days
    20  and hours the applicable rule or provision of this chapter is in effect,
    21  unless always in effect pursuant to  rule  or  this  chapter  and  where
    22  appropriate the word ALL when the days and/or hours in effect are every-
    23  day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
    24  violation, where appropriate; and the date, time and particular place of
    25  occurrence of the charged violation, shall be inserted therein.  A  mere
    26  listing of a meter number in cases of charged meter violations shall not
    27  be  deemed  to constitute a sufficient description of a particular place
    28  of occurrence for purposes of this subdivision. The notice of  violation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13892-01-6

        A. 9282                             2
 
     1  shall  be  served upon the owner of the motor vehicle if the operator is
     2  not present, by affixing such notice to said vehicle  in  a  conspicuous
     3  place,  or  by  first class mail as set forth in section sixteen hundred
     4  five  of  this chapter.   Whenever such notice is so affixed, in lieu of
     5  inserting the name of the person charged with the violation in the space
     6  provided for the identification of said person, the words "owner of  the
     7  vehicle  bearing  license"  may  be inserted to be followed by the plate
     8  designation and plate type as shown by the registration plates  of  said
     9  vehicle  together  with the expiration date; the make or model, and body
    10  type of said vehicle; a description of the charged violation,  including
    11  but  not  limited  to  a  reference  to  the  applicable traffic rule or
    12  provision of this chapter; information as to  the  days  and  hours  the
    13  applicable  rule or provision of this chapter is in effect unless always
    14  in effect pursuant to rule or this chapter  and  where  appropriate  the
    15  word ALL when the days and/or hours in effect are every day and/or twen-
    16  ty-four hours a day; the meter number for a meter violation where appro-
    17  priate;  and  the  date,  time and particular place of occurrence of the
    18  charged violation.  Service of the notice of violation, or  a  duplicate
    19  thereof  by  affixation as herein provided shall have the same force and
    20  effect and shall be subject to the same penalties for disregard  thereof
    21  as  though  the  same  was personally served with the name of the person
    22  charged with the violation inserted therein.
    23    § 3. This act shall take effect immediately.
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