S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1863
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  FAHY,  SKOUFIS, McDONALD, MURRAY, PRETLOW --
   Multi-Sponsored by -- M. of A. ABBATE, CROUCH, MAGEE,  PALUMBO,  SIMON
   -- read once and referred to the Committee on Transportation
 
 AN  ACT to amend the vehicle and traffic law, in relation to the service
   of notice of parking violations

   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 1605 to read as follows:
   § 1605. SERVICE OF NOTICE OF PARKING  VIOLATION.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW, A NOTICE OF ANY PARKING VIOLATION MAY BE SENT BY
 FIRST  CLASS  MAIL TO ANY PERSON ALLEGED TO BE LIABLE AS AN OWNER OF THE
 MOTOR VEHICLE WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS A  RESIDENT
 OF  THIS  STATE  AND  WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH OWNER IS A
 NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER OF THE MOTOR VEHICLE  SHALL
 NOT BE REQUIRED.
   §  2.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02670-01-7

 A. 1863                             2
 
 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, OR BY FIRST CLASS MAIL AS SET FORTH IN  SECTION  SIXTEEN  HUNDRED
 FIVE  OF  THIS CHAPTER.   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  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 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 twen-
 ty-four hours a day; the meter number for a meter violation where appro-
 priate;  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 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.
   § 3. This act shall take effect immediately.