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
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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
A. 4212 2
payment and nonpayment of penalties AND A NOTICE TO THAT EFFECT SHALL BE
SENT PROMPTLY TO THE OPERATOR OR OWNER OF THE VEHICLE DESCRIBED IN THE
NOTICE OF VIOLATION. IF THE CHARGES ARE SUSTAINED, THE NOTICE OF FINAL
DETERMINATION SHALL STATE WITH CLARITY AND DETAIL THE REASONS FOR THE
DETERMINATION.
S 3. Subdivision 1 of section 241 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, 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 the prior
parking violations record of the person charged prior to rendering a
final determination. Final determinations sustaining or dismissing
charges shall be entered on a final determination roll maintained by the
bureau together with records showing payment and nonpayment of penalties
AND A NOTICE TO THAT EFFECT SHALL BE SENT PROMPTLY TO THE OPERATOR OR
OWNER OF THE VEHICLE DESCRIBED IN THE NOTICE OF VIOLATION. IF THE CHARG-
ES ARE SUSTAINED, THE NOTICE OF FINAL DETERMINATION SHALL STATE WITH
CLARITY AND DETAIL THE REASONS FOR THE DETERMINATION.
S 4. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law; provided that
the amendments to subdivision 1 of section 241 of the vehicle and traf-
fic law made by section two of this act shall be subject to the expira-
tion and reversion of such subdivision pursuant to section 17 of chapter
746 of the laws of 1988, as amended, when upon such date the provisions
of section three of this act shall take effect.