senate Bill S491

2013-2014 Legislative Session

Relates to service of notice of parking violations by certified mail

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S491 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง238, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3354
2009-2010: S8498

S491 - Bill Texts

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Provides for the service of notice of parking violations by certified mail where the operator is present and refuses service.

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BILL NUMBER:S491

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to notice of parking
violation

PURPOSE:
Relates to service by certified mail of a notice of parking violation
if personal service has been refused.

PROVISIONS:
Subdivision 2 of section 238 of the vehicle and traffic law, as
amended by chapter 224 of the laws of 1995, is amended to read that
where an operator of a motor vehicle refused to accept personal
service of the notice of violation, notice shall be served on the
owner by certified mail to the last known registered address. If the
notice is served by certified mail, the notice of violation shall
state that the operator was present and refused personal service.

JUSTIFICATION:
To allow notice of violation to be served on the owner of the
vehicle by certified mail, if he or she refuses to accept personal
service

LEGISLATIVE HISTORY:
This bill was first introduced in 2010.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   491

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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, in relation  to  notice  of
  parking violation

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

  Section 1. Subdivision 2 of section 238 of  the  vehicle  and  traffic
law,  as  amended by chapter 224 of the laws of 1995, is amended to read
as follows:
  2. A notice of violation shall be served personally upon the  operator
of  a motor vehicle who is present at the time of service, and his name,
together with the plate designation and the plate type as shown  by  the
registration plates of said vehicle and the expiration date; the make or
model,  and  body  type  of  said  vehicle; a description of the charged
violation, including but not limited to a reference  to  the  applicable
traffic  rule  or  provision of this chapter; information as to the days
and hours the applicable rule or provision of this chapter is in effect,
unless always in effect pursuant to  rule  or  this  chapter  and  where
appropriate the word ALL when the days and/or hours in effect are every-
day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
violation, where appropriate; and the date, time and particular place of
occurrence of the charged violation, shall be inserted therein.  A  mere
listing of a meter number in cases of charged meter violations shall not
be  deemed  to constitute a sufficient description of a particular place
of occurrence for purposes of this subdivision. The notice of  violation
shall  be  served upon the owner of the motor vehicle if the operator is
not present, by affixing 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  vehicle  bearing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03115-01-3

S. 491                              2

license"  may  be  inserted  to be followed by the plate designation and
plate type as shown by the registration plates of said vehicle  together
with the expiration date; the make or model, and body type of said vehi-
cle;  a  description of the charged violation, including but not limited
to a reference to the applicable traffic rule or provision of this chap-
ter; information as to  the  days  and  hours  the  applicable  rule  or
provision  of this chapter is in effect unless always in effect pursuant
to rule or this chapter and where appropriate the word ALL when the days
and/or hours in effect are every day and/or twenty-four hours a day; the
meter number for a meter violation where appropriate; and the date, time
and particular place of occurrence of the charged violation.  Service of
the notice of violation, or a duplicate thereof by affixation as  [here-
in]  provided  IN  THIS SECTION 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.  WHERE AN OPERATOR OF  A  MOTOR  VEHICLE
REFUSES  TO  ACCEPT  PERSONAL SERVICE OF THE NOTICE OF VIOLATION, NOTICE
SHALL BE SERVED ON THE OWNER BY CERTIFIED MAIL TO THE LAST KNOWN  REGIS-
TERED  ADDRESS.  IF  NOTICE  IS  SERVED BY CERTIFIED MAIL, THE NOTICE OF
VIOLATION SHALL STATE THAT THE OPERATOR WAS PRESENT AND REFUSED PERSONAL
SERVICE.
  S 2. This act shall take effect immediately.

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