Increases the fine for handicap parking violations and allows motorists so cited to provide proof of possession of such permit to reduce such fine.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the fine for certain handicapped parking violations
PURPOSE: This legislation amends the vehicle and traffic law to raise the maximum fine for illegally parking in a handicapped parking space from $75 to $150 for the first offense. For the second offense occurring within a period of two years within the same municipality, this legislation would raise the minimum fine from $75 to $150 and the maximum fine from $150 to $250.
This legislation adds a provision that if a motorist being issued a summons pursuant to this section provides proof of possessing a special vehicle identification parking permit or a special municipal parking permit to the municipality whom the summons was issued within ten (10) days, they shall be subject to a fine of no less than $50 and no more than $75.
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 $50, there is no real deterrent for those individuals who knowingly violate the law. Further, the current law does not distinguish between able-bodied people knowingly violating the law, and those who are handicapped, but do not present their permit as required by the current law when parking in spaces allotted to special permit holders. This bill would distinguish the two different types of offenders, and increase the fine for illegally parking in a handicapped parking space accordingly.
FISCAL IMPLICATIONS: increased revenue for the State.
PRIOR LEGISLATIVE HISTORY: A.5572 of 2011-2012 Referred to Transportation
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 6134 IN SENATE (PREFILED) January 8, 2014 ___________Introduced by Sen. O'BRIEN -- 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 the fine 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 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 FIFTY dollars for the first offense and [seventy-five]ONE HUNDRED FIFTY to [one]TWO hundred fifty dollars for the second offense occurring within a period of two years within the same municipality; PROVIDED, HOWEVER, THAT IF A MOTORIST BEING ISSUED A SUMMONS PURSUANT TO THIS SECTION PROVIDES PROOF OF POSSESSING A SPECIAL VEHICLE IDENTIFICATION PARKING PERMIT OR A SPECIAL MUNICIPAL PARKING PERMIT TO THE MUNICIPALITY WHERE THE SUMMONS WAS ISSUED WITHIN TEN DAYS, THEY SHALL BE SUBJECT TO A FINE OF NO LESS THAN FIFTY DOLLARS AND NO MORE THAN SEVENTY-FIVE DOLLARS. The arresting or ticketing officer shall issue a summons to violators of this section. A ticketing officer issu- ing 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 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06604-01-3