Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Issuance
of the notice of violation.
(1)
Whenever a notice of violation is issued for a parking violation, it shall be
served in the manner prescribed by Vehicle and Traffic Law section 238(2),
which requires that the notice of violation be served personally upon the
operator of a motor vehicle who is present at the time of service or served
upon the owner of the motor vehicle if the operator is not present, by affixing
such notice to the motor vehicle in a conspicuous place.
(2) Such notice must contain, at a minimum,
information on how and when the person may plead guilty or not guilty, the
consequences for failure to respond in the manner and time prescribed and be in
conformance with the requirements to be specified in section
6180.4 of this Part (to be filed at
a later date).
(3) In order to
ensure compliance with the second notice requirement set forth in subdivision
(c) of this section, all notices of violation issued shall be forwarded to the
appropriate bureau or court in a timely manner.
(b)
Pleas/response.
The time for pleas and the procedures for entering guilty
pleas and for pleading not guilty, whether by mail or in person, shall be as
prescribed by each bureau or court.
(c)
Failure to plea or respond.
(1) Whenever a person has been issued a
notice of violation for a parking violation and has not responded in the manner
prescribed, a second notice of the violation shall be provided by the city or
bureau to the owner by regular first class mail in accordance with the
following time periods:
(i) within 40 days of
the issuance of the first notice of violation if the motor vehicle is
registered in New York State; or
(ii) within 40 days of the time when the city
or bureau receives information on the ownership of the vehicle if the motor
vehicle is registered in another state.
(2) The second notice shall include, at a
minimum, the following information:
(i) that
the owner has 20 days from the issuance of the second notice in which to
respond to the notice of violation for a parking violation;
(ii) that failure to respond to the notice of
violation for a parking violation may result in the suspension and nonrenewal
of the owner's registration;
(iii)
that failure to respond to the notice of violation for a parking violation may
subject the owner to additional penalties;
(iv) that a failure to respond to the notice
of violation for a parking violation shall subject the owner to a default
judgment and the additional penalties set forth in paragraph (3) of this
subdivision; and
(v) that
submission of a plea of guilty or a finding of guilt or liability by a bureau
or court to the parking violation makes the owner liable for payment of the
stated fine, additional penalties and the $5 mandatory surcharge.
(3) Additional penalties.
(i) The failure to respond to the notice of
violation for a parking violation may subject the owner to the additional
penalties as provided in the following schedule:
Penalties for Failure to Respond to
A Notice of Parking Violation
Number of Days From Issuance
of First Notice of Violation |
Penalty in Addition to the
Initial Fine and Mandatory Surcharge |
A. 1 through 8 days | No Penalty; Liable for
Initial Fine plus Mandatory Surcharge |
B. 9th day | Mandatory Penalty Equal to Amount
of Initial Fine |
C. 9 to 50 days | Penalty as Noted in "B," and
Permissible Additional Penalty Not to Exceed $10.00 |
D. 31 to 75 days, if the First Penalty DOES NOT
EXCEED $5.00 | Penalties as Noted in "B" and "C," and Permissible
Additional Penalty Not to Exceed $10.00 |
E. 75 days or more | Penalties as Noted in "B"
and "C," and, if applicable, "D," and Permissible Additional Penalty Not to
Exceed $20.00 |
F. 90 days | Deemed an Admission of Liability;
Penalties as noted above |
(ii) In order to impose the penalties
provided in B, C, D, E and F a city must comply with the second notice
requirements set forth in this subdivision.
(4) Default judgments. Nothing in this
section is deemed to preclude use of applicable default provisions provided
pursuant to Vehicle and Traffic Law section 241(2); such provisions may be used
in addition to and in conjunction with the provisions provided hereunder.
(i) When a default judgment, for an amount of
the initial fine(s), plus any accrued penalties and the mandatory surcharge
shall be entered pursuant to Vehicle and Traffic Law section 235(2)(c), a city
shall report such default to the Department of Motor Vehicles in accordance
with one of the following:
(a) whenever a
person fails to respond to one parking violation notice and four subsequent
notices relating to that parking violation issued within a 12-month period;
or
(b) whenever a person fails to
respond to five separate notices of violation (five separate parking
violations) issued within a 12-month period. At a minimum, a person must be
provided with a second notice of violation for each parking violation and a
final notice that a default judgment is being entered.
A city shall provide notice to the Department of Motor
Vehicles specifying which provision, either clause (a) or
(b) of this subparagraph, it will be utilizing in entering
default judgments in accordance with Vehicle and Traffic Law section
235(2)(c).
(ii)
Notice of a default judgment shall be reported to the Department of Motor
Vehicles in accordance with procedures established by the Department of Motor
Vehicles.
(iii) The notice to the
Department of Motor Vehicles shall certify that the owner of the motor vehicle
or his or her representative failed to respond to five or more summonses or
other process, either five separate notices of violation or one notice of
violation and four subsequent notices, regarding parking, stopping or standing
violations within a 12-month period. Such notice to the department shall
include any information deemed necessary by the Department of Motor
Vehicles.
(5) Suspension
of motor vehicle registration. Nothing in this section is deemed to preclude
the use of other suspension and/or denial of registration or renewal provisions
provided in the Vehicle and Traffic Law, such as sections 401(5-a) and 510(4-b)
of the Vehicle and Traffic Law.
(i) A default
judgment entered pursuant to Vehicle and Traffic Law section 235(2)(c) shall
result in a suspension of the owner's motor vehicle registration and a bar to
renewal of said registration.
(ii)
The suspension of the registration shall take effect no less than 30 days from
the date the owner of the motor vehicle is given notice of the suspension and
the suspension shall remain in effect as long as the notices remain unanswered,
or in the case of a bureau, the owner fails to comply with the rules and
regulations following the entry of a final decision or decisions.
(iii) If the owner responds to the notice of
suspension and satisfies the amounts owed as a result of the default judgment,
the bureau or court shall provide prompt, timely notice to the Department of
Motor Vehicles that such notices have been answered. Such notice shall be in
accordance with procedures established by the Department of Motor
Vehicles.