Assembly Bill A10228

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10228
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  providing
   for service of parking tickets by mail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1 and 2 of section  238  of  the  vehicle  and
 traffic  law, subdivision 1 as added by chapter 715 of the laws of 1972,
 and subdivision 2 as amended by chapter 224 of the  laws  of  1995,  are
 amended to read as follows:
   1.  The  notice  of  violation  shall contain information advising the
 person charged of the manner and the time in which [he] SUCH PERSON  may
 plead  either  guilty  or  not  guilty  to  the violation alleged in the
 notice. Such notice of violation shall also contain a warning to  advise
 the person charged that failure to plead in the manner and time provided
 shall  be  deemed  an admission of liability and that a default judgment
 may be entered thereon.  WHERE SUCH NOTICE IS SERVED BY FIRST-CLASS MAIL
 TO A POST OFFICE  BOX  ADDRESS  PURSUANT  TO  SUBDIVISION  TWO  OF  THIS
 SECTION,  THE  PERSON CHARGED SHALL BE GIVEN AN ADDITIONAL SIXTY DAYS TO
 RESPOND TO THE NOTICE. The form and wording of the notice  of  violation
 shall  be  prescribed  by  the  director.  A duplicate of each notice of
 violation shall be served on the person charged in the manner hereinaft-
 er provided. The original or a facsimile  thereof  shall  be  filed  and
 retained  by  the bureau, and shall be deemed a record kept in the ordi-
 nary course of business, and shall be prima facie evidence of the  facts
 contained therein.
   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]
 THEIR  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15435-01-4
 A. 10228                            2
 
 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
 everyday 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 OR BY SENDING NOTICE TO SUCH  OWNER  BY  FIRST-CLASS  MAIL  WITHIN
 FOURTEEN BUSINESS DAYS IF THE MOTOR VEHICLE IS REGISTERED IN NEW YORK OR
 WITHIN  FORTY-FIVE  BUSINESS DAYS IF THE MOTOR VEHICLE IS REGISTERED OUT
 OF STATE.  Whenever such notice is so affixed  OR  MAILED,  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.
   § 2. This act shall take effect immediately.