S T A T E O F N E W Y O R K
________________________________________________________________________
8857
I N S E N A T E
March 21, 2024
___________
Introduced by Sen. MARTINEZ -- 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 increasing
the penalties for stopping, standing, or parking in handicapped spaces
without a handicapped permit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 1203-b of the vehicle and traffic
law, as amended by chapter 203 of the laws of 1981, is amended to read
as follows:
2. It shall be a violation for any person to stop, stand or park a
vehicle in any area designated as a place for handicapped parking unless
the vehicle bears a permit issued under section one thousand two hundred
three-a or a registration issued under section four hundred four-a of
this chapter and such vehicle is being used for the transportation of a
severely disabled or handicapped person. THE PENALTY FOR SUCH A
VIOLATION SHALL BE A FINE OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR
MORE THAN THREE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND THREE HUNDRED
TO FIVE HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE UNDER THIS SECTION
OR SECTION ONE THOUSAND TWO HUNDRED THREE-C OF THIS ARTICLE OCCURRING
WITHIN A PERIOD OF FIVE YEARS WITHIN THE STATE. This subdivision shall
not apply to a violation of section twelve hundred three-c of this chap-
ter.
§ 2. Subdivision 4 of section 1203-c of the vehicle and traffic law,
as amended by chapter 424 of the laws of 2022, is amended to read as
follows:
4. Except as otherwise provided by local law which imposes a larger
maximum fine, any person who stops, stands or parks in spaces clearly
marked for use by the handicapped either: (a) in accordance with this
section; or (b) in the parking area of a shopping center or facility
with at least one but less than five separate retail stores and at least
twenty off street parking spaces provided for use by the shopping
public, in accordance with the state fire prevention and building code,
without a special vehicle identification parking permit, a special
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13459-01-3
S. 8857 2
municipal parking permit or whose motor vehicle is not registered in
accordance with section four hundred four-a of this chapter and being
used for the transportation of a handicapped person; or with such permit
or registration and such person is not the one to whom the permit or
registration was issued or is not transporting the person issued the
permit or registration; or any person who parks in a handicapped parking
access aisle; shall be subject to a fine of not less than ONE HUNDRED
fifty dollars nor more than [seventy-five] THREE HUNDRED dollars for the
first offense and [seventy-five] THREE HUNDRED to [one] FIVE hundred
fifty dollars for the second offense occurring UNDER THIS SECTION OR
SECTION ONE THOUSAND TWO HUNDRED THREE-B OF THIS ARTICLE within a period
of [two] FIVE years within the [same municipality] STATE. The arresting
or ticketing officer shall issue a summons to violators of this section.
A ticketing officer issuing a summons pursuant to this section may
provide for the removal and storage of a motor vehicle illegally parked
in a handicapped parking space, or a handicapped parking access aisle.
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law.