Bill Text: NY A07401 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7401
                               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
        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.  Photographs required for parking violations. 1. The commis-
     4  sioner shall require that all  parking  violations  issued  pursuant  to
     5  article  two-b  of  this  title  be accompanied with a photograph of the
     6  alleged violation.  Such  photograph  shall  be  time/date  stamped  and
     7  conspicuously display the vehicle and relevant parking sign, if applica-
     8  ble.
     9    2.  Such  photographs  shall be stored with the bureau to be furnished
    10  whenever requested by the person charged pursuant to  subdivision  six-a
    11  of section two hundred thirty-seven of this title.
    12    § 2. Section 237 of the vehicle and traffic law is amended by adding a
    13  new subdivision 6-a to read as follows:
    14    6-a.  To  compile  and  maintain  the photographs associated with each
    15  parking violation issued.  The bureau shall furnish within a  reasonable
    16  period  of  time  to the person charged on his or her request, a copy of
    17  such photograph;
    18    § 3. Subdivision 2 of section 238 of the vehicle and traffic  law,  as
    19  amended  by  chapter  224  of  the  laws  of 1995, is amended to read as
    20  follows:
    21    2. A notice of violation shall be served personally upon the  operator
    22  of  a motor vehicle who is present at the time of service, and his name,
    23  together with the plate designation and the plate type as shown  by  the
    24  registration plates of said vehicle and the expiration date; the make or
    25  model,  and  body  type  of  said  vehicle; a description of the charged
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09897-03-9
        A. 7401                             2
     1  violation, including but not limited to a reference  to  the  applicable
     2  traffic  rule  or  provision of this chapter; information as to the days
     3  and hours the applicable rule or provision of this chapter is in effect,
     4  unless  always  in  effect  pursuant  to  rule or this chapter and where
     5  appropriate the word ALL when the days and/or hours in effect are every-
     6  day and/or twenty-four hours  a  day;  the  meter  number  for  a  meter
     7  violation,  where appropriate; [and] the date, time and particular place
     8  of occurrence of the charged violation; and  a  notice  and  information
     9  regarding how the person charged may request a photograph of the alleged
    10  violation,  shall  be inserted therein. A mere listing of a meter number
    11  in cases of charged meter violations shall not be deemed to constitute a
    12  sufficient description of a particular place of occurrence for  purposes
    13  of  this  subdivision.  The notice of violation shall be served upon the
    14  owner of the motor vehicle if the operator is not present,  by  affixing
    15  such notice to said vehicle in a conspicuous place. Whenever such notice
    16  is  so affixed, in lieu of inserting the name of the person charged with
    17  the violation in the space  provided  for  the  identification  of  said
    18  person, the words "owner of the vehicle bearing license" may be inserted
    19  to  be  followed by the plate designation and plate type as shown by the
    20  registration plates of said vehicle together with the  expiration  date;
    21  the  make  or model, and body type of said vehicle; a description of the
    22  charged violation, including but not  limited  to  a  reference  to  the
    23  applicable  traffic rule or provision of this chapter; information as to
    24  the days and hours the applicable rule or provision of this  chapter  is
    25  in  effect  unless always in effect pursuant to rule or this chapter and
    26  where appropriate the word ALL when the days and/or hours in effect  are
    27  every  day  and/or twenty-four hours a day; the meter number for a meter
    28  violation where appropriate; [and] the date, time and  particular  place
    29  of  occurrence  of  the  charged violation; and a notice and information
    30  regarding how the person charged may request a photograph of the alleged
    31  violation.  Service of the notice of violation, or a  duplicate  thereof
    32  by  affixation  as  herein provided shall have the same force and effect
    33  and shall be subject to the same  penalties  for  disregard  thereof  as
    34  though  the  same  was  personally  served  with  the name of the person
    35  charged with the violation inserted therein.
    36    § 4. Subdivision 2-a of section 238 of the vehicle and traffic law  is
    37  amended by adding a new paragraph (b-1) to read as follows:
    38    (b-1)  The  time/date  stamped photograph required pursuant to section
    39  two hundred twenty-three-a of this title shall be preserved  to  use  as
    40  evidence  until  a final determination on the notice is made pursuant to
    41  this article.
    42    § 5. This act shall take effect on the thirtieth day  after  it  shall
    43  have  become  a  law.    Effective  immediately, the addition, amendment
    44  and/or repeal of any rule or regulation necessary for the implementation
    45  of this act on its effective date are authorized to be made or completed
    46  on or before such effective date.