Assembly Bill A4212

2009-2010 Legislative Session

Relates to parking violations and adjudications

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4212 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Add §237-a, amd §241, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5280
2013-2014: A3946

2009-A4212 (ACTIVE) - Summary

Provides that stopping, standing or parking violations caused by a motor vehicle which is inoperable because of a lack of fuel or mechanical failure shall not constitute a violation provided the owner of the vehicle submits appropriate proof; provides that hearing examiners must state with clarity and detail their determinations.

2009-A4212 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4212

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. BRENNAN, JOHN, DINOWITZ, COLTON, GREENE, FIELDS,
  MAISEL -- Multi-Sponsored by -- M. of A. ABBATE, AUBRY, CAHILL, GLICK,
  HOOPER, JACOBS, JAFFEE, PHEFFER,  ROBINSON,  SCARBOROUGH,  SWEENEY  --
  read once and referred to the Committee on Transportation

AN  ACT  to  amend  the  vehicle and traffic law, in relation to parking
  violations and adjudications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 237-a to read as follows:
  S 237-A. EXCUSED VIOLATIONS. STOPPING, STANDING OR PARKING  VIOLATIONS
CAUSED  SOLELY  BY LACK OF FUEL OR A MECHANICAL FAILURE WITHIN THE MOTOR
VEHICLE CITED SHALL  NOT  CONSTITUTE  A  VIOLATION  UNDER  THIS  ARTICLE
PROVIDED  THE  OWNER  SUBMITS ADEQUATE PROOF THEREOF TO THE BUREAU WHICH
MAY INCLUDE BUT NEED NOT BE LIMITED TO A TOWING OR REPAIR  BILL  FROM  A
SERVICE OR REPAIR SHOP.
  S  2.  Subdivision 1 of section 241 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them.  Where the hearing examiner deter-
mines that the charges have been sustained he  may  examine  either  the
prior parking violations record or the record of liabilities incurred in
accordance  with  section eleven hundred eleven-a of this chapter or the
record of liabilities incurred in accordance with section  two  thousand
nine  hundred  eighty-five  of  the  public  authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty of the person charged, as applica-
ble prior to  rendering  a  final  determination.  Final  determinations
sustaining  or  dismissing  charges shall be entered on a final determi-
nation roll maintained by  the  bureau  together  with  records  showing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03248-01-9

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