Senate Bill S4310

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4310
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2017
                                ___________
 
 Introduced  by  Sen. AMEDORE -- 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 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
 occurrence of the charged violation, shall be inserted therein.  A  mere
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02670-01-7

 S. 4310                             2
 
 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.