Bill S1062-2013

Increases the penalties for certain handicapped parking violations

Increases the fines for certain handicapped parking violations and imposes two points on the violator's record for a second offense within two years in the same municipality.

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  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S1062

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to penalties for certain handicapped parking violations

PURPOSE: To raise the fine and increase the punishment for parking in a handicapped spot.

SUMMARY OF PROVISIONS: Subdivision 2 of section 1203-b of the vehicle and traffic law as amended by chapter 203 of the laws of 1981, is amended to increase the fine for parking in a handicapped parking space to $50-$100 for the first offense and $100$150 and 2 points on the violator's record for the second offense occurring within a period of two years within the same municipality.

Subdivision 4 of section 1203-c of the vehicle and traffic law, as amended by 613 of the laws of 2003, is amended to raise the minimum fine for illegally parking in a handicapped parking space from $50-$75 to $50-$100 for the first offense, and raise the minimum fine from $75-$150 to $100-150 for the second offense occur- ring within a period of two years within the same municipality.

JUSTIFICATION: All too often, able-bodied people are found parking in one of the precious few parking spaces allotted for the handicapped at public buildings, shopping malls and entertainment venues. Since the current fine is a minuscule $25-50, there is no real deterrent for those individuals who knowingly violate the law. This bill would increase the fine for illegally parking in a handicapped parking space by $25.

LEGISLATIVE HISTORY: S.274A/A.138B of 2011/2012; Referred to Transportation S.2149/A.1770 of 2009/2010; Referred to Transportation S.949/A.231 of 2007/2008; Referred to Senate Transportation Committee S.25/A.719 of 2005/2006; Referred to Senate Transportation Committee S.5856/A.488A of 2003/2004; Advanced to Third Reading A.4113 of 2001/2002 A.3815 of 1999/00

FISCAL IMPLICATIONS: Increased revenue for the State.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1062 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MAZIARZ, DeFRANCISCO, FUSCHILLO, LANZA -- 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 penalties for certain handicapped parking violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1203-b of the vehicle and traffic law, as amended by chapter 203 of the laws of 1981, is amended to read as follows: 2. [It] NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION IT shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehi- cle bears a permit issued under section [one thousand two hundred three-a] TWELVE HUNDRED THREE-A OF THIS ARTICLE or a registration issued under section four hundred four-a of this chapter and such vehicle is being used for the transportation of a severely disabled or handicapped person. [This subdivision shall not apply to a violation of section twelve hundred three-c of this chapter.] ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBDIVISION SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND ONE HUNDRED TO ONE HUNDRED FIFTY DOLLARS AND THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S RECORD FOR THE SECOND OFFENSE OCCURRING WITHIN A PERIOD OF TWO YEARS WITHIN THE SAME MUNICIPALITY. S 2. Subdivision 4 of section 1203-c of the vehicle and traffic law, as amended by chapter 613 of the laws of 2003, is amended to read as follows: 4. Except as otherwise provided by local law which imposes a larger maximum fine, any person who stops, stands or parks in spaces clearly marked for use by the handicapped in accordance with this section, with-
out a special vehicle identification parking permit, a special municipal parking permit or whose motor vehicle is not registered in accordance with section four hundred four-a of this chapter and being used for the transportation of a handicapped person; or with such permit or registra- tion and such person is not the one to whom the permit or registration was issued or is not transporting the person issued the permit or regis- tration; or any person who parks in a handicapped parking access aisle; shall be subject to a fine of not less than fifty dollars nor more than [seventy-five] ONE HUNDRED dollars for the first offense and [seventy- five] ONE HUNDRED to one hundred fifty dollars AND THE IMPOSITION OF TWO POINTS ON THE VIOLATOR'S RECORD for the second offense occurring within a period of two years within the same municipality. The arresting or ticketing officer shall issue a summons to violators of this section. A ticketing officer issuing a summons pursuant to this section may provide for the removal and storage of a motor vehicle illegally parked in a handicapped parking space, or a handicapped parking access aisle. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

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