NY State Senate Bill 2025-S2108B

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2025	print number 2108b
May 20, 2025	amend and recommit to transportation
Mar 11, 2025	print number 2108a
Mar 11, 2025	amend and recommit to transportation
Jan 15, 2025	referred to transportation

Votes

- May 13, 2025 - Transportation Committee Vote
  S2108B
  
  Aye
  
  11
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Transportation Committee Vote: May 13, 2025
      
      aye (11)
      
      Bynoe
      
      Cooney
      
      Gallivan
      
      Harckham
      
      Hinchey
      
      Liu
      
      Martinez
      
      Mattera
      
      Oberacker
      
      Persaud
      
      Ramos
      
      aye wr (2)
      
      Fernandez
      
      Griffo

Bill Amendments

Original

B (Active)

2025-S2108 - Details

See Assembly Version of this Bill:: A2342
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §238, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S9562, A10228

2025-S2108 - Summary

Provides for service of parking tickets by mail; provides additional time to respond to a parking ticket so served.

2025-S2108 - Sponsor Memo

                                 
BILL NUMBER: S2108

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to providing
for service of parking tickets by mail

 
PURPOSE OR GENERAL IDEA OF BILL:

To permit service of parking violations to be made by first class mail
as well as by in-person service or service by affixing the ticket to the
vehicle.

 
SUMMARY OF PROVISIONS:

Section 1 amends Vehicle and Traffic Law § 238(1) & (2) to give munici-
palities discretion to effect service of parking tickets by first class
mail and provides that when a notice, of a parking violation is sent to
a vehicle owner by mail going to a post office box, -the commissioner
shall give that person an additional 60 days to respond to the charges.

Section 2 provides an effective date.

 
JUSTIFICATION:

Municipalities across New York are interested in installing 'smart" or
electronic parking systems but are impeded by New York's requirement
that service of a parking ticket must be made in person or by affixing
the ticket to the vehicle's windshield. Like work zone speed cameras and
school bus stop-arm cameras, newer parking technology can be used to
enforce no-parking zones including emergency lanes, bus lanes, cross
walks, bike lanes and handicap accessible parking spots 24-hours a day.
This bill would help municipalities that want to implement such systems
by allowing them to send tickets by first class mail instead of by manu-
ally affixing the ticket to a car windshield. The bill provides addi-
tional time to respond to vehicle owners with a post office box, since
many of those owners do not pick up their mail on a daily, or even week-
ly basis. The bill is not mandatory; municipalities can continue to use
the current systems they have in place including parking enforcement
officers to issue tickets at their discretion. Since these systems
already operate in many states, the technology is tested. Car rental
companies have learned to handle such remote tickets by either placing
the charge on the renter's credit card or paying the bi II and writing
it off as a business expense.

 
PRIOR LEGISLATIVE HISTORY:

S9562/A10228 of 2023-24: Referred to Transportation Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2108 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2108
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03602-01-5

 S. 2108                             2
 
 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
 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.

2025-S2108A - Details

See Assembly Version of this Bill:: A2342
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §238, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S9562, A10228

2025-S2108A - Summary

Provides for service of parking tickets by mail; provides additional time to respond to a parking ticket so served.

2025-S2108A - Sponsor Memo

                                 
BILL NUMBER: S2108A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to providing
for service of parking tickets by mail

 
PURPOSE OR GENERAL IDEA OF BILL:

To permit service of parking violations to be made by first class mail
as well as by in-person service or service by affixing the ticket to the
vehicle.

 
SUMMARY OF PROVISIONS:

Section 1 amends Vehicle and Traffic Law § 238(1) & (2) to give munici-
palities discretion to effect service of parking tickets by first class
mail and provides that when a notice of a parking violation is sent to a
vehicle owner by mail going to a post office box, the commissioner shall
give that person an additional 60 days to respond to the charges.

Section 2 amends Vehicle and Traffic Law § 238 is amended by adding a
new section 3 to give the owner of a vehicle who is served a parking by
mail and who did not receive it in a timely manner the opportunity to
waive late fees by notarized statement.

Section 3 provides an effective date.

 
JUSTIFICATION:

Municipalities across New York are interested in installing "smart" or
electronic parking systems but are impeded by New York's requirement
that service of a parking ticket must be made in person or by affixing
the ticket to the vehicle's windshield. Like work zone speed cameras and
school bus stop-arm cameras, newer parking technology can be used to
enforce no-parking zones including emergency lanes, bus lanes, cross
walks, bike lanes and handicap accessible parking spots 24-hours a day.
This bill would help municipalities that want to implement such systems
by allowing them to send tickets by first class mail instead of by manu-
ally affixing the ticket to a car windshield. The bill provides addi-
tional time to respond to vehicle owners with a post office box, since
many of those owners do not pick up their mail on a daily, or even week-
ly basis. The bill is not mandatory; municipalities can continue to use
the current systems they have in place including parking enforcement
officers to issue tickets at their discretion. Since these systems
already operate in many states, the technology is tested. Car rental
companies have learned to handle such remote tickets by either placing
the charge on the renter's credit card o r paying the bill and writing
it off as a business expense. The bill also provides that in cases where
a vehicle owner did not receive the mailed parking violation before the
time to pay it elapsed, the owner can send a notarized statement along
with full payment of the ticket to nullify any late fees.

 
PRIOR LEGISLATIVE HISTORY:

S9562/A10228 of 2023-24: Referred to Transportation Committee

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2108A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2108--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03602-03-5

 S. 2108--A                          2
 
 shown by the registration plates of said vehicle and the expiration date
 WHERE AVAILABLE; 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 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.  A MANUAL OR AUTO-
 MATIC  RECORD  OF  MAILING  PREPARED  IN THE ORDINARY COURSE OF BUSINESS
 SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED  THEREIN.  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 WHERE AVAILABLE; 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 OR MAIL as herein provided  shall  have  the  same
 force  and  effect and shall be subject to the same penalties for disre-
 gard thereof as though the same was personally served with the  name  of
 the person charged with the violation inserted therein.
   § 2. Section 238 of the vehicle and traffic law is amended by adding a
 new subdivision 4 to read as follows:
   4.  WHEN AN OWNER OF A VEHICLE IS SERVED THE INITIAL PARKING VIOLATION
 NOTICE BY FIRST CLASS MAIL PURSUANT TO THIS SECTION BUT DID NOT IN  FACT
 RECEIVE  SUCH  NOTICE  IN A TIMELY FASHION, SUCH OWNER MAY SEND BY FIRST
 CLASS MAIL A WRITTEN NOTARIZED STATEMENT MADE UNDER PENALTY  OF  PERJURY
 STATING  THAT THEY DID NOT RECEIVE SUCH NOTICE UNTIL THE TIME TO PAY THE
 FINE HAD ELAPSED.  SUCH STATEMENT SHALL BE ACCOMPANIED BY  FULL  PAYMENT
 OF  THE ORIGINAL PARKING VIOLATION FINE.  UPON RECEIPT OF SUCH STATEMENT
 AND PAYMENT, ANY LATE FEES FOR PAYMENT  OF  THE  PARKING  VIOLATION  FEE
 SHALL BE WAIVED AND NO NEW LATE FEES MAY BE IMPOSED.
   § 3. This act shall take effect immediately.

2025-S2108B (ACTIVE) - Details

See Assembly Version of this Bill:: A2342
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §238, V & T L
Versions Introduced in 2023-2024 Legislative Session:: S9562, A10228

2025-S2108B (ACTIVE) - Summary

Provides for service of parking tickets by mail; provides additional time to respond to a parking ticket so served.

2025-S2108B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2108B

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to providing
for service of parking tickets by mail

 
PURPOSE:

The purpose of this bill is to permit parking violations to be made by
first-class mail as well as by in-person service or service by affixing
the ticket to the vehicle.

Section 1 amends Vehicle and Traffic Law § 238(1), (2) and (3) to give
municipalities discretion to effect service of parking tickets by first
class mail and provides that when a notice of a parking violation is
sent to a vehicle owner by mail going to a post office box, the commis-
sioner shall give that person an additional 60 days to respond to the
charges.

Section 2 amends Vehicle and Traffic Law § 238 by adding two new subdi-
visions (4) and (5) to give the owner of a vehicle who was served by

mail a parking violation notice, and received such notice late, an
opportunity to waive late fees by notarized statement and to provide
safeguards concerning the use of photographs to document an alleged
parking violation.

Section 3 provides an effective date.

 
JUSTIFICATION:

Municipalities across New York are interested in installing "smart" or
electronic parking systems but are impeded by New York's requirement
that the service of a parking ticket must be made in person or by affix-
ing the ticket to the vehicle's windshield. Like work zone speed cameras
and school bus stop-arm cameras, newer parking technology can be used to
enforce no-parking zones including emergency lanes, bus lanes, cross-
walks, bike lanes and handicap accessible parking spots 24 hours a day.
This bill would help municipalities that want to implement such systems
by allowing them to send tickets by first class mail instead of by manu-
ally affixing the ticket to a car windshield. The bill provides addi-
tional time to respond to vehicle owners with a post office box, since
many of those owners do not pick up their mail on a daily, or even week-
ly basis. The bill is not mandatory; municipalities can continue to use
the current systems they have in place including parking enforcement
officers to issue tickets at their discretion. Since these systems
already operate in many states, the technology is tested. Car rental
companies have learned to handle such remote tickets by either placing
the charge on the renter's credit card or paying the bill and writing it
off as a business expense. The bill also provides that in cases where a
vehicle owner did not receive the mailed parking violation before the
time to pay it elapsed, the owner can send a notarized statement along
with full payment of the ticket to nullify any late fees.

 
LEGISLATIVE HISTORY:

S9562/A10228 of 2023-24: Referred to Transportation Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S2108B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2108--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 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, 2 and 3 of section 238 of the vehicle and
 traffic law, subdivisions 1 and 3 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]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03602-05-5

 S. 2108--B                          2
 
 THEIR  name,  together  with the plate designation and the plate type as
 shown by the registration plates of said vehicle and the expiration date
 WHERE AVAILABLE; 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 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.  A MANUAL OR AUTO-
 MATIC RECORD OF MAILING PREPARED IN  THE  ORDINARY  COURSE  OF  BUSINESS
 SHALL  BE  PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 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 WHERE AVAILABLE; 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  OR  MAIL as herein provided shall have the same
 force and effect and shall be subject to the same penalties  for  disre-
 gard  thereof  as though the same was personally served with the name of
 the person charged with the violation inserted therein.
   3. For purposes of this section, an operator of a vehicle who  is  not
 the owner thereof but who uses or operates such vehicle with the permis-
 sion  of  the owner, express or implied, shall be deemed to be the agent
 of such owner to receive notices of violation, whether personally served
 on such operator, or served by affixation OR BY SENDING  NOTICE  TO  THE
 OWNER  BY  FIRST-CLASS MAIL in the manner aforesaid, and service made in
 [either] ANY manner as herein provided shall also be deemed to be lawful
 service upon such owner.
   § 2. Section 238 of the vehicle and traffic law is amended  by  adding
 two new subdivisions 4 and 5 to read as follows:
   4.  WHEN AN OWNER OF A VEHICLE IS SERVED THE INITIAL PARKING VIOLATION
 NOTICE BY FIRST-CLASS MAIL PURSUANT TO THIS SECTION BUT DID NOT IN  FACT
 RECEIVE  SUCH  NOTICE IN A TIMELY FASHION, SUCH OWNER MAY SEND BY FIRST-
 CLASS MAIL A WRITTEN NOTARIZED STATEMENT MADE UNDER PENALTY  OF  PERJURY
 STATING  THAT THEY DID NOT RECEIVE SUCH NOTICE UNTIL THE TIME TO PAY THE
 S. 2108--B                          3
 
 FINE HAD ELAPSED.  SUCH STATEMENT SHALL BE ACCOMPANIED BY  FULL  PAYMENT
 OF  THE ORIGINAL PARKING VIOLATION FINE.  UPON RECEIPT OF SUCH STATEMENT
 AND PAYMENT, ANY LATE FEES FOR PAYMENT  OF  THE  PARKING  VIOLATION  FEE
 SHALL BE WAIVED AND NO NEW LATE FEES MAY BE IMPOSED.
   5.  IN  ANY  INSTANCE  WHERE  A PHOTOGRAPH IS TAKEN FOR THE PURPOSE OF
 DOCUMENTING AN ALLEGED PARKING VIOLATION:
   (A) THE PHOTOGRAPH SHALL BE  REVIEWED  AND  APPROVED  BY  A  MUNICIPAL
 EMPLOYEE  OR AGENT DESIGNATED BY THE APPLICABLE LOCAL AUTHORITY PRIOR TO
 THE ISSUANCE OF A NOTICE OF VIOLATION;
   (B) SUCH PHOTOGRAPH SHALL BE  USED  EXCLUSIVELY  FOR  THE  PURPOSE  OF
 ENFORCING  PARKING  VIOLATIONS  OCCURRING IN NO STOPPING, STANDING OR NO
 PARKING ZONES OR ANY  OTHER  DESIGNATED  ZONE  WHERE  DANGEROUS  PARKING
 OCCURS  AND  SHALL NOT BE USED OR SHARED FOR ANY OTHER PURPOSE EXCEPT AS
 REQUIRED BY LAW;
   (C) TO THE EXTENT PRACTICABLE, PHOTOGRAPHS SHALL BE CAPTURED IN SUCH A
 WAY AS TO AVOID RECORDING ANY  IMAGES  THAT  IDENTIFY  THE  DRIVER,  THE
 PASSENGERS,  OR  THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO
 NOTICE OF VIOLATION ISSUED PURSUANT TO THIS SECTION SHALL  BE  DISMISSED
 SOLELY  BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION
 OF THE CONTENTS OF THE VEHICLE;
   (D) ANY PHOTOGRAPHS TAKEN PURSUANT TO THIS SECTION SHALL  BE  RETAINED
 ONLY  AS  LONG  AS  NECESSARY  TO  ADJUDICATE  THE PARKING VIOLATION AND
 FULFILL ADMINISTRATIVE OR LEGAL OBLIGATIONS, AND SHALL  BE  EXPUNGED  OR
 DESTROYED  NO  LATER  THAN  NINETY  DAYS  AFTER FINAL DISPOSITION OF THE
 NOTICE OF VIOLATION, UNLESS SUBJECT TO  COURT  ORDER  OR  OTHER  LEGALLY
 MANDATED RETENTION REQUIREMENT; AND
   (E)  WHEREVER PARKING ENFORCEMENT IS CONDUCTED USING A CAMERA OR OTHER
 PHOTOGRAPHIC EQUIPMENT, SIGNAGE SHALL BE  POSTED  ON  OR  NEAR  EXISTING
 PARKING SIGNS INDICATING THAT CAMERA ENFORCEMENT IS IN USE.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S2108B

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

Actions

Votes

May 13, 2025 - Transportation Committee Vote

Transportation Committee Vote: May 13, 2025

Bill Amendments

2025-S2108 - Details

2025-S2108 - Summary

2025-S2108 - Sponsor Memo

2025-S2108 - Bill Text download pdf

2025-S2108A - Details

2025-S2108A - Summary

2025-S2108A - Sponsor Memo

2025-S2108A - Bill Text download pdf

2025-S2108B (ACTIVE) - Details

2025-S2108B (ACTIVE) - Summary

2025-S2108B (ACTIVE) - Sponsor Memo

2025-S2108B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2025-S2108B

Senate Bill S2108B

Share this bill

Sponsored By

Jeremy Cooney

Current Bill Status - In Senate Committee Transportation Committee

Actions

Votes

Bill Amendments

2025-S2108 - Details

2025-S2108 - Summary

2025-S2108 - Sponsor Memo

2025-S2108 - Bill Text download pdf

2025-S2108A - Details

2025-S2108A - Summary

2025-S2108A - Sponsor Memo

2025-S2108A - Bill Text download pdf

2025-S2108B (ACTIVE) - Details

2025-S2108B (ACTIVE) - Summary

2025-S2108B (ACTIVE) - Sponsor Memo

2025-S2108B (ACTIVE) - Bill Text download pdf

Comments