Assembly Bill A4211

2009-2010 Legislative Session

Provides administrative remedy for persons whose vehicle is wrongfully towed

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A4211 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §241-a, add §241-b, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4388
2013-2014: A3307
2015-2016: A2794
2017-2018: A3631
2019-2020: A3507
2021-2022: A915
2023-2024: A714

2009-A4211 (ACTIVE) - Summary

Provides recourse for a person whose vehicle was wrongfully towed in a city with a population of one million or more against the parking violations bureau in such city or the responsible agent of such bureau by granting such person the right to appear before a panel of administrative law judges which shall be empowered to order the correction of records, the refund of any fee paid to release the wrongfully towed vehicle and the reimbursement of out-of-pocket expenses, including lost wages; defines the term "wrongful tow."

2009-A4211 (ACTIVE) - Bill Text download pdf

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

                                  4211

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by  M.  of  A.  BRENNAN,  ORTIZ,  GREENE,  DINOWITZ, MAISEL,
  DenDEKKER -- Multi-Sponsored by -- M. of  A.  ABBATE,  AUBRY,  COLTON,
  GLICK, HOOPER, JACOBS, PHEFFER, ROBINSON, SCARBOROUGH, SWEENEY -- read
  once and referred to the Committee on Transportation

AN  ACT  to  amend  the vehicle and traffic law, in relation to wrongful
  towing

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

  Section  1.  Paragraph  (a)  of  subdivision 1 of section 241-a of the
vehicle and traffic law, as added by chapter 338 of the laws of 1987, is
amended to read as follows:
  (a) Every city with a population of more than one million  inhabitants
that has established a parking violations bureau shall establish, within
such  bureau, a properly staffed complaint unit of public service repre-
sentatives to respond to complaints from any person  who,  after  having
satisfied,  by payment, adjudication, or administrative action, any fine
or penalty for a parking violation or after having proven that a fine or
penalty was wrongfully imposed on this person,  receives  a  demand  for
payment  of  the  fine  or  penalty  previously  satisfied or wrongfully
imposed, [or] is denied any registration or renewal application  by  the
department  of  motor  vehicles  upon  a certification from such parking
violations bureau based upon lack of payment  of  any  fine  or  penalty
previously  satisfied  or  wrongfully  imposed OR WHOSE VEHICLE HAS BEEN
WRONGFULLY TOWED  AS  SUCH  TERM  IS  DEFINED  BY  SECTION  TWO  HUNDRED
FORTY-ONE-B  OF THIS ARTICLE.  The complaint unit established under this
section shall accept complaints either in person or by  certified  mail,
return  receipt  requested.  Each written demand for payment, other than
the first demand following issuance of the notice  of  violation,  shall
advise  the  addressee  of  the  existence of the complaint unit and the
procedure for submitting a complaint. Upon receipt of a complaint, if in
person, or within ten work days after receipt of a complaint if by mail,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03249-01-9
              

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