S T A T E   O F   N E W   Y O R K
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                                  5280

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by M. of A. BRENNAN, DINOWITZ, COLTON, MAISEL -- Multi-Spon-
  sored by -- M. of A.  ABBATE, AUBRY, CAHILL,  GLICK,  HOOPER,  JACOBS,
  JAFFEE,  PHEFFER,  REILLY, 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  section  7 of part II of chapter 59 of the laws of 2010, 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 or she 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  in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine 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,  or  the record of liabilities

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09362-01-1
              

A. 5280                             2

incurred in accordance with section  eleven  hundred  eleven-c  of  this
chapter,  as applicable 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 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
amended by section 7-a of part II of chapter 59 of the laws of 2010,  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 or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine of the  person  charged,  or
the  record  of  liabilities  incurred in accordance with section eleven
hundred eleven-c of this chapter, as applicable  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. Subdivision 1 of section 241 of the vehicle and traffic  law,  as
amended  by section 7-b of part II of chapter 59 of the laws of 2010, 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 or  she  may  examine  the
prior  parking violations record of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred  eleven-c
of  this  chapter,  as  applicable,  prior to rendering a final determi-
nation. 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 VEHI-
CLE 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 5. 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-

A. 5280                             3

ES  ARE  SUSTAINED,  THE  NOTICE OF FINAL DETERMINATION SHALL STATE WITH
CLARITY AND DETAIL THE REASONS FOR THE DETERMINATION.
  S  6.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law; provided that:
  1. the amendments to subdivision 1 of section 241 of the  vehicle  and
traffic  law  made  by  section  two of this act shall be subject to the
expiration 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;
  2. the amendments to subdivision 1 of section 241 of the  vehicle  and
traffic  law  made  by section three of this act shall be subject to the
expiration and reversion of such subdivision pursuant  to  chapters  20,
21,  22 and 383 of the laws of 2009, as amended, when upon such date the
provisions of section four of this act shall take effect;
  3. the amendments to subdivision 1 of section 241 of the  vehicle  and
traffic  law  made  by  section four of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section  14  of
part  II  of  chapter 59 of the laws of 2010, as amended, when upon such
date the provisions of section five of this act shall take effect.