Bill S491-2013

Relates to service of notice of parking violations by certified mail

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

Details

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 491 2013-2014 Regular Sessions IN 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
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.

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