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Assembly Bill A5046

2009-2010 Legislative Session

Makes provisions for the expiration of parking violations after two years in certain cases

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Archive: Last Bill Status - On Floor Calendar

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2009-A5046 (ACTIVE) - Details

Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยงยง241 & 1806-a, V & T L

2009-A5046 (ACTIVE) - Summary

Provides that parking violations shall be dropped by a municipality and may not be enforced by such municipality if no judgment has been rendered and the two-year time period for a municipality to render a default judgment has expired; provides that municipalities may still enforce a charge of a parking violation within two years of the time the enforcing authority discovers, or could with reasonable diligence have discovered, that the failure to render a judgment was due to the willful and knowing fraud of the person charged with such violation.

2009-A5046 (ACTIVE) - Bill Text download pdf 

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

                                  5046

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. SCAR-
  BOROUGH -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to the  expira-
  tion of parking violations

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

  Section 1. Section 241 of the vehicle and traffic law  is  amended  by
adding a new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHARGE OF A PARK-
ING  VIOLATION  SHALL BE DISMISSED AND SHALL NOT BE ENFORCED IF NO JUDG-
MENT HAS BEEN RENDERED AND THE TIME PERIOD FOR RENDERING A DEFAULT JUDG-
MENT HAS EXPIRED; PROVIDED, HOWEVER,  THAT  NOTHING  CONTAINED  IN  THIS
SUBDIVISION SHALL REQUIRE THE DISMISSAL, OR PRECLUDE THE ENFORCEMENT, OF
A  CHARGE  OF A PARKING VIOLATION WHERE THE LIABLE PARTY WAS IMMUNE FROM
JUDGMENT ENTRY UNDER APPLICABLE LAW, TREATY, OR COURT ORDER, EXCEPT THAT
WHERE SUCH IMMUNITY IS TEMPORARY, SUCH CHARGE SHALL  ONLY  BE  DISMISSED
AFTER  THE  EXPIRATION OF THE TIME PERIOD FOR RENDERING DEFAULT JUDGMENT
AND A TIME PERIOD EQUAL TO THE PERIOD OF SUCH  TEMPORARY  IMMUNITY;  AND
PROVIDED  FURTHER,  HOWEVER,  THAT NOTHING CONTAINED IN THIS SUBDIVISION
SHALL PRECLUDE THE  SERVICE  OF  A  NOTICE  FOR  THE  REINSTATEMENT  AND
ENFORCEMENT  OF  A CHARGE OF A PARKING VIOLATION WITHIN TWO YEARS OF THE
TIME THAT THE ENFORCING AUTHORITY DISCOVERS, OR  COULD  WITH  REASONABLE
DILIGENCE  HAVE  DISCOVERED,  THAT  THE DISMISSAL WAS DUE TO THE KNOWING
FRAUD, FALSE TESTIMONY, MISREPRESENTATION, OR OTHER MISCONDUCT,  OR  THE
KNOWING  ALTERATION  OF  A NOTICE OF PARKING VIOLATION, BY THE PERSON SO
CHARGED OR HIS OR HER AGENT, EMPLOYEE, OR REPRESENTATIVE.
  S 2. Section 1806-a of the vehicle and traffic  law  is  amended    by
adding a new subdivision 1-a to read as follows:
  1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHARGE OF A PARK-
ING  VIOLATION  SHALL BE DISMISSED AND SHALL NOT BE ENFORCED IF NO JUDG-
MENT HAS BEEN RENDERED AND THE TIME PERIOD FOR RENDERING A DEFAULT JUDG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08665-01-9

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