Bill S843-2013

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

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

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 843 2013-2014 Regular Sessions IN 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
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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