Provides for the service of notice of parking violations by certified mail where the operator is present and refuses service.

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S491-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S491-2013 Memo

BILL NUMBER:S491

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to notice of parking
violation

PURPOSE:
Relates to service by certified mail of a notice of parking violation
if personal service has been refused.

PROVISIONS:
Subdivision 2 of section 238 of the vehicle and traffic law, as
amended by chapter 224 of the laws of 1995, is amended to read that
where an operator of a motor vehicle refused to accept personal
service of the notice of violation, notice shall be served on the
owner by certified mail to the last known registered address. If the
notice is served by certified mail, the notice of violation shall
state that the operator was present and refused personal service.

JUSTIFICATION:
To allow notice of violation to be served on the owner of the
vehicle by certified mail, if he or she refuses to accept personal
service

LEGISLATIVE HISTORY:
This bill was first introduced in 2010.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S491-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     491

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. STAVISKY -- 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  notice  of
    parking violation

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 2 of section 238 of  the  vehicle  and  traffic
  law,  as  amended by chapter 224 of the laws of 1995, is amended to read
  as follows:

    2. A notice of violation shall be served personally upon the  operator
  of  a motor vehicle who is present at the time of service, and his name,
  together with the plate designation and the plate type as shown  by  the
  registration plates of said vehicle and the expiration date; the make or
  model,  and  body  type  of  said  vehicle; a description of the charged
  violation, including but not limited to a reference  to  the  applicable
  traffic  rule  or  provision of this chapter; information as to the days
  and hours the applicable rule or provision of this chapter is in effect,
  unless always in effect pursuant to  rule  or  this  chapter  and  where
  appropriate the word ALL when the days and/or hours in effect are every-
  day  and/or  twenty-four  hours  a  day;  the  meter  number for a meter
  violation, where appropriate; and the date, time and particular place of
  occurrence of the charged violation, shall be inserted therein.  A  mere
  listing of a meter number in cases of charged meter violations shall not
  be  deemed  to constitute a sufficient description of a particular place
  of occurrence for purposes of this subdivision. The notice of  violation
  shall  be  served upon the owner of the motor vehicle if the operator is
  not present, by affixing such notice to said vehicle  in  a  conspicuous
  place. Whenever such notice is so affixed, in lieu of inserting the name
  of  the  person charged with the violation in the space provided for the
  identification of said person, the words "owner of the  vehicle  bearing

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03115-01-3

 S. 491                              2

  license"  may  be  inserted  to be followed by the plate designation and
  plate type as shown by the registration plates of said vehicle  together
  with the expiration date; the make or model, and body type of said vehi-
  cle;  a  description of the charged violation, including but not limited
  to a reference to the applicable traffic rule or provision of this chap-
  ter; information as to  the  days  and  hours  the  applicable  rule  or
  provision  of this chapter is in effect unless always in effect pursuant
  to rule or this chapter and where appropriate the word ALL when the days
  and/or hours in effect are every day and/or twenty-four hours a day; the
  meter number for a meter violation where appropriate; and the date, time
  and particular place of occurrence of the charged violation.  Service of
  the notice of violation, or a duplicate thereof by affixation as  [here-
  in]  provided  IN  THIS SECTION shall have the same force and effect and
  shall be subject to the same penalties for disregard thereof  as  though
  the  same was personally served with the name of the person charged with
  the violation inserted therein.  WHERE AN OPERATOR OF  A  MOTOR  VEHICLE
  REFUSES  TO  ACCEPT  PERSONAL SERVICE OF THE NOTICE OF VIOLATION, NOTICE
  SHALL BE SERVED ON THE OWNER BY CERTIFIED MAIL TO THE LAST KNOWN  REGIS-
  TERED  ADDRESS.  IF  NOTICE  IS  SERVED BY CERTIFIED MAIL, THE NOTICE OF
  VIOLATION SHALL STATE THAT THE OPERATOR WAS PRESENT AND REFUSED PERSONAL
  SERVICE.
    S 2. This act shall take effect immediately.