Bill Text: NY A05572 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Increases the fine for handicap parking violations and allows motorists so cited to provide proof of possession of such permit to reduce such fine.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A05572 Detail]

Download: New_York-2011-A05572-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5572
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2011
                                      ___________
       Introduced  by M. of A. MORELLE, CUSICK, CASTELLI, RAIA, JOHNS, CERETTO,
         P. RIVERA, MONTESANO, N. RIVERA, BURLING -- Multi-Sponsored by  --  M.
         of  A.  ABBATE,  BARCLAY,  DUPREY, GIGLIO, McKEVITT, ORTIZ, STEVENSON,
         SWEENEY, THIELE -- read once and referred to the Committee  on  Trans-
         portation
       AN ACT to amend the vehicle and traffic law, in relation to the fine for
         certain handicapped parking violations
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4 of section 1203-c of the vehicle and  traffic
    2  law,  as  amended by chapter 613 of the laws of 2003, is amended to read
    3  as follows:
    4    4. Except as otherwise provided by local law which  imposes  a  larger
    5  maximum  fine,  any  person who stops, stands or parks in spaces clearly
    6  marked for use by the handicapped in accordance with this section, with-
    7  out a special vehicle identification parking permit, a special municipal
    8  parking permit or whose motor vehicle is not  registered  in  accordance
    9  with  section four hundred four-a of this chapter and being used for the
   10  transportation of a handicapped person; or with such permit or registra-
   11  tion and such person is not the one to whom the permit  or  registration
   12  was issued or is not transporting the person issued the permit or regis-
   13  tration;  or any person who parks in a handicapped parking access aisle;
   14  shall be subject to a fine of not less than fifty dollars nor more  than
   15  [seventy-five]  ONE  HUNDRED  FIFTY  dollars  for  the first offense and
   16  [seventy-five] ONE HUNDRED FIFTY to [one] TWO hundred fifty dollars  for
   17  the  second  offense  occurring  within a period of two years within the
   18  same municipality; PROVIDED, HOWEVER, THAT IF A MOTORIST BEING ISSUED  A
   19  SUMMONS  PURSUANT TO THIS SECTION PROVIDES PROOF OF POSSESSING A SPECIAL
   20  VEHICLE IDENTIFICATION PARKING PERMIT OR  A  SPECIAL  MUNICIPAL  PARKING
   21  PERMIT TO THE MUNICIPALITY WHERE THE SUMMONS WAS ISSUED WITHIN TEN DAYS,
   22  THEY  SHALL  BE  SUBJECT  TO A FINE OF NO LESS THAN FIFTY DOLLARS AND NO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08231-01-1
       A. 5572                             2
    1  MORE THAN SEVENTY-FIVE DOLLARS. The arresting or ticketing officer shall
    2  issue a summons to violators of this section. A ticketing officer  issu-
    3  ing  a  summons pursuant to this section may provide for the removal and
    4  storage  of  a  motor  vehicle illegally parked in a handicapped parking
    5  space, or a handicapped parking access aisle.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.