§ 235 — Jurisdiction

New York § 235

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 2-B: Adjudication of Parking Infractions

Text

§ 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of\nany general, special or local law or administrative code to the\ncontrary, in any city which heretofore or hereafter is authorized to\nestablish an administrative tribunal: (a) to hear and determine\ncomplaints of traffic infractions constituting parking, standing or\nstopping violations, or (b) to adjudicate the liability of owners for\nviolations of subdivision (d) of section eleven hundred eleven of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with traffic-control indications through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter, or (c) to\nadjudicate the liability of owners for violations of subdivision (b),\n(c), (d), (f) or (g) of section eleven hundred eighty of this chapter\nimposed pursuant to a demonstration program imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith such posted maximum speed limits through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or (d) to adjudicate the liability\nof owners for violations of bus lane restrictions as defined by article\ntwenty-four of this chapter imposed pursuant to a bus rapid transit\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such bus lane restrictions\nthrough the installation and operation of bus lane photo devices, in\naccordance with article twenty-four of this chapter, or (e) to\nadjudicate the liability of owners for violations of toll collection\nregulations imposed by certain public authorities pursuant to the law\nauthorizing such public authorities to impose monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ntoll collection regulations of such public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty, or (f) to adjudicate the liability of owners for\nviolations of section eleven hundred seventy-four of this chapter when\nmeeting a school bus marked and equipped as provided in subdivisions\ntwenty and twenty-one-c of section three hundred seventy-five of this\nchapter imposed pursuant to a local law or ordinance imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with school bus red visual signals through the installation\nand operation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter, or (g) to\nadjudicate the liability of owners for violations of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter in relation to gross vehicle weight and/or axle\nweight violations imposed pursuant to a weigh in motion demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such gross vehicle weight\nand/or axle weight restrictions through the installation and operation\nof weigh in motion violation monitoring systems, in accordance with\narticle ten of this chapter, or (h) to adjudicate the liability of\nowners for violations of subdivision (b), (d), (f) or (g) of section\neleven hundred eighty of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor (i) to adjudicate the liability of owners for violations of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, such\ntribunal and the rules and regulations pertaining thereto shall be\nconstituted in substantial conformance with the following sections.\n 2. Notwithstanding any inconsistent provision of any general, special\nor local law or administrative code to the contrary, any city with a\npopulation in excess of one hundred thousand persons according to the\nnineteen hundred eighty United States census hereinafter referred to as\na city shall provide notice of parking violations and of the imposition\nof additional penalties whenever the person who is liable therefor fails\nto respond to the parking ticket in the manner designated thereon. Such\nnotice shall be in substantial conformance with the following\nprovisions:\n a. Notice. (1) Whenever a city issues a notice of violation for a\nparking violation, it shall be served in the manner prescribed by\nsubdivision two of section two hundred thirty-eight of this article.\n (2) Whenever a person has been issued a notice of violation for a\nparking violation and has not responded in the manner described in the\nnotice, a city shall give the owner a second notice of the violation by\nregular first class mail: (i) within forty days of issuance of the first\nnotice of violation for a parking violation where the vehicle is a\nvehicle registered in this state; or (ii) within forty days of the\nreceipt by such city of the name and address of the owner of the vehicle\nwhere the vehicle is a vehicle registered in any other state. Such\nsecond notice shall include, but not be limited to, the following\ninformation:\n (A) that the owner has a period of twenty days from issuance of the\nsecond notice in which to respond to the notice of violation for a\nparking violation;\n (B) that failure to respond to the notice of violation for a parking\nviolation may result in the suspension and non-renewal of the owner's\nregistration;\n (C) that failure to respond to the notice of violation for a parking\nviolation may subject the owner to additional penalties as provided in\nparagraph b of this subdivision;\n (D) that failure to respond to the notice of violation for a parking\nviolation shall subject the owner to a default judgment as provided in\nparagraph c of this subdivision and the additional penalties imposed\nupon parking violations pursuant to paragraph b of this subdivision; and\n (E) that submission of a plea of guilty to the parking violation makes\nthe owner liable for payment of the stated fine and additional penalties\nimposed pursuant to paragraph b of this subdivision and the mandatory\nsurcharge of fifteen dollars imposed upon parking violations pursuant to\nsection eighteen hundred nine-a of this chapter.\n b. Additional penalties. (1) For the purposes of this paragraph, each\nlocality shall determine an initial response date of not less than eight\ndays nor more than thirty days, after which time a penalty may be\nimposed. The liability for such initial penalty shall commence on the\ndate following the initial response date.\n (2) Failure to respond to a notice of violation for a parking\nviolation by the initial response date may result in the liability for a\npenalty in an amount of the fine indicated on the notice of violation\nfor a parking violation; where a city has given a second notice pursuant\nto paragraph a of this subdivision, the following schedule of additional\npenalties may apply:\n (A) failure to respond to a notice of violation for a parking\nviolation by the initial response date may result in the liability for\nan additional penalty not to exceed ten dollars or, if the first penalty\nassessed by a city does not exceed five dollars, such city may assess an\nadditional penalty within thirty-one to seventy-five days not to exceed\nten dollars; and\n (B) where a city has given a second notice pursuant to paragraph a of\nthis subdivision failure to respond to a notice of violation for a\nparking violation within seventy-five days may result in the liability,\ncommencing on the seventy-sixth day, for an additional penalty not to\nexceed twenty dollars.\n (3) Where the additional penalty schedule set forth in subparagraph\ntwo of this paragraph, as interpreted in 9 New York Code of Rules and\nRegulations Part 6180, has not been implemented by a city and is not in\neffect in such city on or before January first, nineteen hundred\nninety-three, the provisions of this paragraph shall not apply. For the\npurposes of this subdivision, the provisions of this paragraph shall not\nbe considered to have been implemented and in effect unless the penalty\nschedule contained herein shall have been applied to parking violations\nissued in such city on or before January first, nineteen hundred\nninety-three.\n b-1. Alternate additional penalty schedule. In any city in which the\nschedule of penalties contained in subparagraph two of paragraph b of\nthis subdivision, as interpreted in 9 New York Code of Rules and\nRegulations Part 6180, has not been implemented and was not in effect on\nor before January first, nineteen hundred ninety-three, the provisions\nof this paragraph shall only apply upon enactment of a local law\ncontaining the penalty schedule provided in this paragraph prior to\nMarch 28, 1993. Following the enactment of such a local law, such city\nmay elect to impose the additional penalties set forth in subparagraphs\none and two of this paragraph for failure to respond to a notice of\nviolation for a parking violation in accordance with this paragraph. In\nthe event that no such local law was enacted prior to March 28, 1993,\nthe alternate additional penalty schedule set forth in paragraph b-2 of\nthis subdivision shall apply.\n (1) Failure to respond to a notice of violation for a parking\nviolation within thirty days shall result in liability, commencing on\nthe thirty-first day, for an additional penalty in an amount not to\nexceed ten dollars, indicated on the notice of violation for a parking\nviolation; where a city has given a second notice pursuant to paragraph\na of this subdivision failure to respond to a notice of violation for a\nparking violation within forty-five days may result in liability,\ncommencing on the forty-sixth day, for the penalty prescribed above for\nfailure to respond within thirty days and an additional penalty not to\nexceed twenty dollars; and where a city has given a second notice\npursuant to paragraph a of this subdivision failure to respond to a\nnotice of violation for a parking violation within seventy-five days may\nresult in liability, commencing on the seventy-sixth day, for the\npenalties prescribed above for failure to respond within thirty days and\nfor failure to respond within forty-five days and an additional penalty\nnot to exceed thirty dollars.\n (2) Notwithstanding the foregoing schedule of alternative additional\npenalties, if an owner makes a plea or appears within twenty days after\nissuance of a second notice of violation in accordance with paragraph a\nof this subdivision, or prior to such mailing, such additional penalty\nshall not exceed ten dollars.\n b-2. Alternate additional penalty schedule. In any city in which the\nschedule of penalties contained in paragraph b of this subdivision, as\ninterpreted in 9 New York Code of Rules and Regulations Part 6180, has\nnot been implemented and was not in effect on or before January first,\nnineteen hundred ninety-three and which has not enacted a local law\npursuant to paragraph b-1 of this subdivision prior to March 28, 1993,\nthe following alternate additional penalty schedule shall apply:\n (1) Failure to respond to a notice of violation for a parking\nviolation within eight days may result in the liability, commencing on\nthe ninth day, for an additional penalty in an amount not to exceed five\ndollars;\n (2) Failure to respond to a notice of violation for a parking\nviolation within thirty days may result in the liability, commencing on\nthe thirty-first day, for the penalty prescribed above for failure to\nrespond within eight days and an additional penalty not to exceed ten\ndollars or, if the first penalty assessed by the city does not exceed\nfive dollars, such city may assess an additional penalty within\nthirty-one to seventy-five days not to exceed ten dollars;\n (3) Where a city has given a second notice pursuant to paragraph a of\nthis subdivision failure to respond to a notice of violation for a\nparking violation within seventy-five days may result in the liability,\ncommencing on the seventy-sixth day, for the penalties prescribed above\nfor failure to respond within eight days and for failure to respond\nwithin thirty days and an additional penalty not to exceed twenty\ndollars; and\n (4) Notwithstanding the foregoing schedule of alternate penalties, if\nan owner makes a plea or appears within twenty days after issuance of a\nsecond notice of violation in accordance with paragraph a of this\nsubdivision, or prior to such mailing, such additional penalty shall not\nexceed five dollars.\n c. Default judgment. Where a city has given notice pursuant to\nparagraph a of this subdivision, failure to respond to a notice of\nviolation for a parking violation within ninety days shall be deemed an\nadmission of liability and shall subject the owner to a default judgment\nbeing entered thereon in an amount not greater than the amount of the\noriginal fine and accrued penalties plus any applicable surcharges. Such\ndefault shall be reported to the department which department shall cause\na suspension and non-renewal of the owner's registration pursuant to the\nprovisions of subdivision four-c of section five hundred ten of this\nchapter.\n 3. Nothing set forth in this article shall be construed to authorize\nthe imposition of monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with any provision of law, rule\nor regulation through the installation and operation of a photo\nenforcement device or system, except as otherwise explicitly authorized\nby article twenty-four, twenty-nine or thirty of this chapter, by\nsection two thousand nine hundred eighty-five of the public authorities\nlaw, or by sections sixteen-a, sixteen-b and sixteen-c of chapter seven\nhundred seventy-four of the laws of nineteen hundred fifty, nor be\nconstrued to grant any municipality the authority to establish by local\nlaw, ordinance, order, rule, regulation, resolution or any other means,\nan administrative tribunal to hear and determine complaints of traffic\ninfractions or jurisdiction to adjudicate any liability set forth in\nsubdivision one of this section.\n