S843-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S843-2013 Memo

BILL NUMBER:S843

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

PURPOSE:
Requires notices of parking violations to include the printed
name, signature and badge number or identifying number of the officer
issuing the notice.

SUMMARY OF PROVISIONS:
Amends Subdivision 2 of section 238 of the
vehicle and traffic law, as amended by chapter 224 of the laws of
1995 is amended to include the printed name, signature and badge
number or other identifying number of the officer issuing such notice.

JUSTIFICATION:
Requiring employees of parking violations to print
their name and include their badge number or identifying number as
well signing the summons, is important for the courts to have since
this information is material to the summons.

LEGISLATIVE HISTORY:
S.5003 (2011)

EFFECTIVE DATE:
This act shall take effect on the one hundred
twentieth day after it shall have become a law.

S843-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          843
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. MARTINS -- 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  notices  of
 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 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; AND THE PRINTED NAME, SIGNATURE
 AND BADGE NUMBER OR OTHER IDENTIFYING NUMBER OF THE OFFICER ISSUING SUCH
 NOTICE, 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05046-01-3
 
       S. 843                              2
 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 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.    Service  of  the  notice  of
 violation, or a duplicate thereof by affixation as herein provided shall
 have  the  same force and effect and shall be subject to the same penal
 ties for disregard thereof as though the same was personally served with
 the name of the person charged with the violation inserted therein.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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