Senate Bill S4340

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

                                  4340

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed 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 adjudication of traffic
  infractions arising out of the operation of a bicycle

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

  Section  1.  Subdivision  1  of section 225 of the vehicle and traffic
law, as amended by chapter 173 of the laws of 1990, is amended  to  read
as follows:
  1. Notwithstanding any inconsistent provision of law, EXCEPT AS OTHER-
WISE  PROVIDED  IN  SUBDIVISION SIX OF SECTION TWO HUNDRED THIRTY-SIX OF
THIS TITLE,  all violations of this chapter  or  of  a  law,  ordinance,
order, rule or regulation relating to traffic, except parking, standing,
stopping  or  pedestrian  offenses,  which  occur within a city having a
population of two hundred  thousand  or  more  in  which  administrative
tribunals  have  heretofore  been established, or within that portion of
Suffolk county for which a district  court  has  been  established,  and
which are classified as traffic infractions, may be heard and determined
pursuant  to  the  regulations  of  the commissioner as provided in this
article.  Whenever a crime and a traffic infraction  arise  out  of  the
same  transaction  or occurrence, a charge alleging both offenses may be
made returnable before the court having  jurisdiction  over  the  crime.
Nothing  herein  provided  shall be construed to prevent a court, having
jurisdiction over a criminal charge relating to  traffic  or  a  traffic
infraction,  from lawfully entering a judgment of conviction, whether or
not based on a plea of guilty, for any offense classified as  a  traffic
infraction.
  S  2.  Section 236 of the vehicle and traffic law is amended by adding
a new subdivision 6 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06659-01-9

              

S. 4340                             2

  6.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW TO THE CONTRARY, THE CITY OF NEW YORK MAY PROVIDE BY  LOCAL
LAW FOR THE ADMINISTRATIVE ADJUDICATION IN THE PARKING VIOLATIONS BUREAU
OF THE CITY OF NEW YORK OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERA-
TION  OF A BICYCLE.  EXCEPT AS OTHERWISE PROVIDED, CHARGES OF SUCH TRAF-
FIC INFRACTIONS SHALL BE HEARD AND DETERMINED  IN  THE  SAME  MANNER  AS
CHARGES OF PARKING VIOLATIONS AND A PERSON CHARGED WITH ANY SUCH TRAFFIC
INFRACTION  SHALL HAVE ALL THE RIGHTS TO A HEARING, ADMINISTRATIVE ADJU-
DICATION AND JUDICIAL REVIEW WHICH  A  PERSON  CHARGED  WITH  A  PARKING
VIOLATION  HAS.   THE PARKING VIOLATIONS BUREAU SHALL HAVE ALL THE FUNC-
TIONS, POWERS AND DUTIES WITH RESPECT TO SUCH TRAFFIC INFRACTIONS AS ARE
GRANTED WITH RESPECT TO PARKING VIOLATIONS.   SUCH  TRAFFIC  INFRACTIONS
SHALL  BE  PUNISHABLE  BY  CIVIL  PENALTIES IN AMOUNTS NOT TO EXCEED THE
AMOUNTS AUTHORIZED IN ARTICLE TWO-A OF THIS TITLE FOR THE COMMISSION  OF
SUCH TRAFFIC INFRACTIONS.  ALL MONEYS COLLECTED SHALL BE THE PROPERTY OF
THE CITY OF NEW YORK.
  S  3.    Section  19-201 of the administrative code of the city of New
York is amended to read as follows:
  S  19-201  Parking violations bureau created. There is hereby  created
in the department a parking violations bureau which shall have jurisdic-
tion  of  allegations  of traffic infractions which constitute a parking
violation AND OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION  OF  A
BICYCLE.    For  the purpose of this chapter, a parking violation is the
violation of any local law, rule or regulation provided for or  regulat-
ing  the  parking,  stopping or standing of a motor vehicle AND THE TERM
"BICYCLE" SHALL HAVE THE MEANING GIVEN SUCH TERM IN SECTION ONE  HUNDRED
TWO OF THE VEHICLE AND TRAFFIC LAW.
  S  4.  Subdivisions a, b and h of section 19-203 of the administrative
code of the city of New York, subdivision b as amended by section  2  of
part  B  of  chapter  93  of  the  laws  of 2002, are amended to read as
follows:
  a. To accept pleas to, and to hear and determine, charges  of  parking
violations  AND OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION OF A
BICYCLE;
  b. To provide  for  penalties  other  than  imprisonment  for  parking
violations,  provided  however, that monetary penalties shall not exceed
fifty dollars for each parking violation AND TO  PROVIDE  FOR  PENALTIES
FOR  THE  COMMISSION OF TRAFFIC INFRACTIONS ARISING OUT OF THE OPERATION
OF A BICYCLE IN AMOUNTS AUTHORIZED IN ARTICLE TWO-A OF THE  VEHICLE  AND
TRAFFIC  LAW,  provided  that  monetary  penalties  shall not exceed one
hundred dollars for each parking violation committed in  a  space  where
stopping  or standing is prohibited and provided, further, that monetary
penalties shall not exceed one hundred  fifty  dollars  for  each  hand-
icapped parking violation;
  h.  To  prepare and issue a notice of violation in blank to members of
the police department, the fire department, the department of  transpor-
tation  and  to  other officers as the bureau by regulation shall deter-
mine.  The notice of violation, when filled in and sworn to or  affirmed
by  such  designated  officers,  and served as provided in this chapter,
shall constitute notice of the parking violation charged  OR  NOTICE  OF
THE  CHARGE  OF  A  TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF A
BICYCLE, AS THE CASE MAY BE.
  S 5.  Subdivision b of section 19-204 of the  administrative  code  of
the city of New York is amended to read as follows:
  b.  [The]  IN  THE CASE OF PARKING VIOLATIONS, THE notice of violation
shall be served personally upon the operator of a motor vehicle  who  is

S. 4340                             3

present  at  the time of service, and his or her name, together with the
license designation as shown by the registration plates on said vehicle,
shall be inserted therein. The notice of violation shall be served  upon
the owner of the motor vehicle if the operator is not present, by affix-
ing  such  notice  to said vehicle in a conspicuous place. Whenever such
notice is so affixed, in lieu  of  inserting  the  name  of  the  person
charged  with the violation in the space provided for the identification
of said person, the words "owner of the motor vehicle  bearing  license"
may  be  inserted  to be followed by the license designation as shown by
the registration plates on  said  vehicle.  Service  of  the  notice  of
violation by affixation as herein provided shall have the same force and
effect  and shall be subject to the same penalties for disregard thereof
as though the same was personally served with the  name  of  the  person
charged  with  the  violation inserted therein.   IN THE CASE OF TRAFFIC
INFRACTIONS ARISING OUT OF THE OPERATION OF A  BICYCLE,  THE  NOTICE  OF
VIOLATION  SHALL BE SERVED PERSONALLY UPON THE OPERATOR OF A BICYCLE WHO
IS PRESENT AT THE TIME OF SERVICE, AND HIS OR HER NAME SHALL BE INSERTED
THEREIN.
  S 6.  Paragraph 2 of subdivision a of section 19-205 of  the  adminis-
trative code of the city of New York is amended to read as follows:
  2.  Whenever  used  in  this  chapter,  the  term "operator" means any
person, corporation, firm, agency, association or organization that uses
or operates a motor vehicle with or without the permission of the owner,
and an owner who operates his or her own motor vehicle, EXCEPT THAT WITH
RESPECT TO BICYCLES THE TERM "OPERATOR" MEANS ANY INDIVIDUAL WHO USES OR
OPERATES A BICYCLE.
  S 7.  Subdivision a of section 19-206 of the  administrative  code  of
the city of New York is amended to read as follows:
  a.  Notice  of  hearing.    Whenever  a  person charged with a parking
violation OR A TRAFFIC INFRACTION ARISING OUT  OF  THE  OPERATION  OF  A
BICYCLE enters a plea of not guilty, the bureau shall advise such person
personally or by registered or certified mail, return receipt requested,
of  the  date  on  which he or she must appear to answer the charge at a
hearing.   The form and content of  such  notice  of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or  on
any  subsequent  adjourned  date,  shall be deemed, for all purposes, an
admission of liability, and that a default judgment may be rendered.
  S 8.  Paragraphs 1 and 6 of subdivision b of  section  19-206  of  the
administrative  code  of  the  city  of  New York are amended to read as
follows:
  1. Every hearing for the adjudication of a charge of parking violation
OR TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF A BICYCLE shall be
held before a senior hearing examiner or a hearing examiner  in  accord-
ance with rules and regulations promulgated by the bureau.
  6.   The hearing officer shall not examine (I) the parking record of a
person charged WITH A PARKING VIOLATION prior to making a  determination
OR (II) THE TRAFFIC VIOLATIONS RECORD OF A PERSON CHARGED WITH A TRAFFIC
INFRACTION  ARISING  OUT OF THE OPERATION OF A BICYCLE PRIOR TO MAKING A
DETERMINATION.
  S 9.  Section 19-207 of the administrative code of  the  city  of  New
York,  subdivision  b  as amended by chapter 269 of the laws of 1987, is
amended to read as follows:
  S  19-207  Judgments. a. The hearing officer  shall  make  a  determi-
nation  on  the charges, either sustaining or dismissing them. Where the
hearing officer determines that the charges OF A PARKING VIOLATION  have

S. 4340                             4

been  sustained  he  or she may examine the parking violations record of
the person charged prior to rendering  a  judgment.  WHERE  THE  HEARING
OFFICER  DETERMINES THAT THE CHARGES OF A TRAFFIC INFRACTION ARISING OUT
OF  THE OPERATION OF A BICYCLE HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE
THE TRAFFIC VIOLATIONS RECORD OF THE PERSON CHARGED PRIOR TO RENDERING A
JUDGMENT.  Judgments sustaining or dismissing charges shall  be  entered
on  a judgment roll maintained by the bureau together with records show-
ing payment and non-payment of penalties.
  b. Where an operator or owner fails to enter a plea  to  a  charge  of
parking  violation OR TRAFFIC INFRACTION ARISING OUT OF THE OPERATION OF
A BICYCLE, AS THE CASE MAY BE, or fails to appear on a designated  hear-
ing  date or subsequent adjourned date, as prescribed by this chapter or
by rule or regulation of the bureau, such failure to plead or to  appear
shall  be  deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering  a  default  judgment.    However,
after  the  expiration  of  the  time  prescribed for entering a plea or
making an appearance, and before such default judgment may be  rendered,
the  bureau shall notify such operator or owner, by ordinary mail (1) of
the violation charge, (2) of the impending  default  judgment,  and  (3)
that a default may be avoided by entering a plea or making an appearance
within  thirty  days  of  the  sending  of such notice. Pleas entered or
appearances made within that period shall be in the manner prescribed in
the notice and not subject to additional penalty or fee. Such notice  of
impending  default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who  are  non-resi-
dents  of  the state of New York. In no case shall a default judgment be
rendered or, where required, a notice of impending default  judgment  be
sent,  more  than  two years after the expiration of the time prescribed
for entering a plea or making an appearance.
  S 10.  This act shall take effect one year after it shall have  become
a law.