Bill Text: NY A07401 | 2019-2020 | General Assembly | Amended
Bill Title: Requires that photographs of all parking violations be taken and maintained; and requires that such photographs be furnished to the person charged in a reasonable time upon request.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-22 - print number 7401b [A07401 Detail]
Download: New_York-2019-A07401-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7401--B 2019-2020 Regular Sessions IN ASSEMBLY May 1, 2019 ___________ Introduced by M. of A. HYNDMAN -- read once and referred to the Commit- tee on Transportation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Transportation in accordance with Assembly Rule 3, sec. 2 -- 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 requiring photographs of all parking violations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 section 223-a to read as follows: 3 § 223-a. Camera technology required for purchases or upgrades of park- 4 ing violation devices. 1. On and after the effective date of this 5 section, the commissioner shall require that all purchases, upgrades or 6 replacements of devices used to identify parking violations at the site 7 of the violation shall contain a camera capable of conspicuously photo- 8 graphing the vehicle, producing a time/date stamp, and any other factors 9 relevant to the enforcement of parking violations pursuant to article 10 two-B of this title. The commissioner shall also require any state or 11 local entity that currently possesses such camera technology to imme- 12 diately implement the technology and comply with the provisions of this 13 section. 14 2. Nothing in this section shall interfere with any rights, benefits, 15 including the terms and conditions of employment, or the civil service 16 and collective bargaining status of any existing or new employees. 17 § 2. The vehicle and traffic law is amended by adding a new section 18 223-b to read as follows: 19 § 223-b. Photographs required for parking violations. 1. The commis- 20 sioner shall require that all parking violations issued pursuant to 21 article two-B of this title be accompanied with a photograph of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09897-09-0A. 7401--B 2 1 alleged violation. Such photograph shall be time/date stamped and 2 conspicuously display the vehicle and relevant parking sign, if applica- 3 ble. 4 2. Such photographs shall be stored with the bureau to be furnished 5 whenever requested by the person charged pursuant to subdivision six-a 6 of section two hundred thirty-seven of this title. 7 3. The commissioner shall ensure, to the extent practicable, that 8 photographs required pursuant to subdivision one of this section shall 9 not include images that identify the driver, the passengers, the 10 contents of the vehicle, pedestrians or cyclists. Provided, however, 11 that no violation issued pursuant to this section shall be dismissed 12 solely because a photograph allows for the identification of the 13 contents of a vehicle, provided that the bureau has made a reasonable 14 effort to comply with the provisions of this subdivision. Provided, 15 further, that the use or dissemination of the vehicle's license plate 16 information and other information and images captured by such photo- 17 graphs shall not be permitted except: (a) as required to establish 18 liability under this section or to collect payment of penalties; (b) as 19 required by court order; or (c) as otherwise required by law. 20 § 3. Section 237 of the vehicle and traffic law is amended by adding a 21 new subdivision 6-a to read as follows: 22 6-a. To compile and maintain the photographs associated with each 23 parking violation issued. The bureau shall furnish within a reasonable 24 period of time to the person charged on his or her request, a copy of 25 such photograph; 26 § 4. Subdivision 2 of section 238 of the vehicle and traffic law, as 27 amended by chapter 224 of the laws of 1995, is amended to read as 28 follows: 29 2. A notice of violation shall be served personally upon the operator 30 of a motor vehicle who is present at the time of service, and his name, 31 together with the plate designation and the plate type as shown by the 32 registration plates of said vehicle and the expiration date; the make or 33 model, and body type of said vehicle; a description of the charged 34 violation, including but not limited to a reference to the applicable 35 traffic rule or provision of this chapter; information as to the days 36 and hours the applicable rule or provision of this chapter is in effect, 37 unless always in effect pursuant to rule or this chapter and where 38 appropriate the word ALL when the days and/or hours in effect are every- 39 day and/or twenty-four hours a day; the meter number for a meter 40 violation, where appropriate; [and] the date, time and particular place 41 of occurrence of the charged violation; and a notice and information 42 regarding how the person charged may request a photograph of the alleged 43 violation, shall be inserted therein. A mere listing of a meter number 44 in cases of charged meter violations shall not be deemed to constitute a 45 sufficient description of a particular place of occurrence for purposes 46 of this subdivision. The notice of violation shall be served upon the 47 owner of the motor vehicle if the operator is not present, by affixing 48 such notice to said vehicle in a conspicuous place. Whenever such notice 49 is so affixed, in lieu of inserting the name of the person charged with 50 the violation in the space provided for the identification of said 51 person, the words "owner of the vehicle bearing license" may be inserted 52 to be followed by the plate designation and plate type as shown by the 53 registration plates of said vehicle together with the expiration date; 54 the make or model, and body type of said vehicle; a description of the 55 charged violation, including but not limited to a reference to the 56 applicable traffic rule or provision of this chapter; information as toA. 7401--B 3 1 the days and hours the applicable rule or provision of this chapter is 2 in effect unless always in effect pursuant to rule or this chapter and 3 where appropriate the word ALL when the days and/or hours in effect are 4 every day and/or twenty-four hours a day; the meter number for a meter 5 violation where appropriate; [and] the date, time and particular place 6 of occurrence of the charged violation; and a notice and information 7 regarding how the person charged may request a photograph of the alleged 8 violation. Service of the notice of violation, or a duplicate thereof 9 by affixation as herein provided shall have the same force and effect 10 and shall be subject to the same penalties for disregard thereof as 11 though the same was personally served with the name of the person 12 charged with the violation inserted therein. 13 § 5. Subdivision 2-a of section 238 of the vehicle and traffic law is 14 amended by adding a new paragraph (b-1) to read as follows: 15 (b-1) The time/date stamped photograph required pursuant to section 16 two hundred twenty-three-b of this title shall be preserved to use as 17 evidence until a final determination on the notice is made pursuant to 18 this article. 19 § 6. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law. Effective immediately, the addition, amend- 21 ment and/or repeal of any rule or regulation necessary for the implemen- 22 tation of this act on its effective date are authorized to be made and 23 completed on or before such effective date.
