Bill Text: NY S04927 | 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) 2019-06-03 - PRINT NUMBER 4927B [S04927 Detail]

Download: New_York-2019-S04927-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4927--B

                               2019-2020 Regular Sessions

                    IN SENATE

                                     March 29, 2019
                                       ___________

        Introduced  by  Sen.  LIU  --  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 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
    22  alleged violation.  Such  photograph  shall  be  time/date  stamped  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09897-07-9

        S. 4927--B                          2

     1  conspicuously display the vehicle and relevant parking sign, if applica-
     2  ble.
     3    2.  Such  photographs  shall be stored with the bureau to be furnished
     4  whenever requested by the person charged pursuant to  subdivision  six-a
     5  of section two hundred thirty-seven of this title.
     6    3.  The  commissioner  shall  ensure,  to the extent practicable, that
     7  photographs required pursuant to subdivision one of this  section  shall
     8  not  include  images  that  identify  the  driver,  the  passengers, the
     9  contents of the vehicle, pedestrians  or  cyclists.  Provided,  however,
    10  that  no  violation  issued  pursuant to this section shall be dismissed
    11  solely because  a  photograph  allows  for  the  identification  of  the
    12  contents  of  a  vehicle, provided that the bureau has made a reasonable
    13  effort to comply with the  provisions  of  this  subdivision.  Provided,
    14  further,  that  the  use or dissemination of the vehicle's license plate
    15  information and other information and images  captured  by  such  photo-
    16  graphs  shall  not  be  permitted  except:  (a) as required to establish
    17  liability under this section or to collect payment of penalties; (b)  as
    18  required by court order; or (c) as otherwise required by law.
    19    § 3. Section 237 of the vehicle and traffic law is amended by adding a
    20  new subdivision 6-a to read as follows:
    21    6-a.  To  compile  and  maintain  the photographs associated with each
    22  parking violation issued.  The bureau shall furnish within a  reasonable
    23  period  of  time  to the person charged on his or her request, a copy of
    24  such photograph;
    25    § 4. Subdivision 2 of section 238 of the vehicle and traffic  law,  as
    26  amended  by  chapter  224  of  the  laws  of 1995, is amended to read as
    27  follows:
    28    2. A notice of violation shall be served personally upon the  operator
    29  of  a motor vehicle who is present at the time of service, and his name,
    30  together with the plate designation and the plate type as shown  by  the
    31  registration plates of said vehicle and the expiration date; the make or
    32  model,  and  body  type  of  said  vehicle; a description of the charged
    33  violation, including but not limited to a reference  to  the  applicable
    34  traffic  rule  or  provision of this chapter; information as to the days
    35  and hours the applicable rule or provision of this chapter is in effect,
    36  unless always in effect pursuant to  rule  or  this  chapter  and  where
    37  appropriate the word ALL when the days and/or hours in effect are every-
    38  day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
    39  violation, where appropriate; [and] the date, time and particular  place
    40  of  occurrence  of  the  charged violation; and a notice and information
    41  regarding how the person charged may request a photograph of the alleged
    42  violation, shall be inserted therein. A mere listing of a  meter  number
    43  in cases of charged meter violations shall not be deemed to constitute a
    44  sufficient  description of a particular place of occurrence for purposes
    45  of this subdivision. The notice of violation shall be  served  upon  the
    46  owner  of  the motor vehicle if the operator is not present, by affixing
    47  such notice to said vehicle in a conspicuous place. Whenever such notice
    48  is so affixed, in lieu of inserting the name of the person charged  with
    49  the  violation  in  the  space  provided  for the identification of said
    50  person, the words "owner of the vehicle bearing license" may be inserted
    51  to be followed by the plate designation and plate type as shown  by  the
    52  registration  plates  of said vehicle together with the expiration date;
    53  the make or model, and body type of said vehicle; a description  of  the
    54  charged  violation,  including  but  not  limited  to a reference to the
    55  applicable traffic rule or provision of this chapter; information as  to
    56  the  days  and hours the applicable rule or provision of this chapter is

        S. 4927--B                          3

     1  in effect unless always in effect pursuant to rule or this  chapter  and
     2  where  appropriate the word ALL when the days and/or hours in effect are
     3  every day and/or twenty-four hours a day; the meter number for  a  meter
     4  violation  where  appropriate; [and] the date, time and particular place
     5  of occurrence of the charged violation; and  a  notice  and  information
     6  regarding how the person charged may request a photograph of the alleged
     7  violation.    Service of the notice of violation, or a duplicate thereof
     8  by affixation as herein provided shall have the same  force  and  effect
     9  and  shall  be  subject  to  the same penalties for disregard thereof as
    10  though the same was personally  served  with  the  name  of  the  person
    11  charged with the violation inserted therein.
    12    §  5. Subdivision 2-a of section 238 of the vehicle and traffic law is
    13  amended by adding a new paragraph (b-1) to read as follows:
    14    (b-1) The time/date stamped photograph required  pursuant  to  section
    15  two  hundred  twenty-three-b  of this title shall be preserved to use as
    16  evidence until a final determination on the notice is made  pursuant  to
    17  this article.
    18    § 6. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law. Effective immediately, the addition, amend-
    20  ment and/or repeal of any rule or regulation necessary for the implemen-
    21  tation of this act on its effective date are authorized to be  made  and
    22  completed on or before such effective date.
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