Bill Text: NY S08857 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Increases the penalties for stopping, standing, or parking in handicapped spaces without a handicapped permit to not less than one hundred fifty dollars nor more than three hundred dollars for the first offense and three hundred to five hundred fifty dollars for the second offense occurring within a period of five years within the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-21 - REFERRED TO TRANSPORTATION [S08857 Detail]

Download: New_York-2023-S08857-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8857

                    IN SENATE

                                     March 21, 2024
                                       ___________

        Introduced  by Sen. MARTINEZ -- 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  increasing
          the penalties for stopping, standing, or parking in handicapped spaces
          without a handicapped permit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 1203-b of the vehicle and  traffic
     2  law,  as  amended by chapter 203 of the laws of 1981, is amended to read
     3  as follows:
     4    2. It shall be a violation for any person to stop,  stand  or  park  a
     5  vehicle in any area designated as a place for handicapped parking unless
     6  the vehicle bears a permit issued under section one thousand two hundred
     7  three-a  or  a  registration issued under section four hundred four-a of
     8  this chapter and such vehicle is being used for the transportation of  a
     9  severely  disabled  or  handicapped  person.  The  penalty  for  such  a
    10  violation shall be a fine of not less than one hundred fifty dollars nor
    11  more than  three hundred dollars for the first offense and three hundred
    12  to five hundred fifty dollars for the second offense under this  section
    13  or  section  one  thousand two hundred three-c of this article occurring
    14  within a period of five years within the state. This  subdivision  shall
    15  not apply to a violation of section twelve hundred three-c of this chap-
    16  ter.
    17    §  2.  Subdivision 4 of section 1203-c of the vehicle and traffic law,
    18  as amended by chapter 424 of the laws of 2022, is  amended  to  read  as
    19  follows:
    20    4.  Except  as  otherwise provided by local law which imposes a larger
    21  maximum fine, any person who stops, stands or parks  in  spaces  clearly
    22  marked  for  use  by the handicapped either: (a) in accordance with this
    23  section; or (b) in the parking area of a  shopping  center  or  facility
    24  with at least one but less than five separate retail stores and at least
    25  twenty  off  street  parking  spaces  provided  for  use by the shopping
    26  public, in accordance with the state fire prevention and building  code,
    27  without  a  special  vehicle  identification  parking  permit, a special

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13459-01-3
        S. 8857                             2

     1  municipal parking permit or whose motor vehicle  is  not  registered  in
     2  accordance  with  section  four hundred four-a of this chapter and being
     3  used for the transportation of a handicapped person; or with such permit
     4  or  registration  and  such  person is not the one to whom the permit or
     5  registration was issued or is not transporting  the  person  issued  the
     6  permit or registration; or any person who parks in a handicapped parking
     7  access  aisle;  shall  be subject to a fine of not less than one hundred
     8  fifty dollars nor more than [seventy-five] three hundred dollars for the
     9  first offense and [seventy-five] three hundred  to  [one]  five  hundred
    10  fifty  dollars  for  the  second offense occurring under this section or
    11  section one thousand two hundred three-b of this article within a period
    12  of [two] five years within the [same municipality] state. The  arresting
    13  or ticketing officer shall issue a summons to violators of this section.
    14  A  ticketing  officer  issuing  a  summons  pursuant to this section may
    15  provide for the removal and storage of a motor vehicle illegally  parked
    16  in a handicapped parking space, or a handicapped parking access aisle.
    17    §  3.  This  act shall take effect on the thirtieth day after it shall
    18  have become a law.