§ 236 — Creation, personnel

New York § 236

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

Text

§ 236. Creation, personnel. 1. Creation. In any city as hereinbefore\nor hereafter authorized such tribunal when created shall be known as the\nparking violations bureau and shall have jurisdiction of traffic\ninfractions which constitute a parking violation and, where authorized:\n(a) to adjudicate the liability of owners for violations of subdivision\n(d) of section eleven hundred eleven of this chapter imposed pursuant to\na local law or ordinance imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with\ntraffic-control indications through the installation and operation of\ntraffic-control signal photo violation-monitoring systems, in accordance\nwith article twenty-four of this chapter, or (b) to adjudicate the\nliability of owners for violations of subdivision (b), (c), (d), (f) or\n(g) of section eleven hundred eighty of this chapter imposed pursuant to\na demonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits through the installation and operation of photo\nspeed violation monitoring systems, in accordance with article thirty of\nthis chapter, or (c) to adjudicate the liability of owners for\nviolations of bus lane restrictions as defined by article twenty-four of\nthis chapter imposed pursuant to a bus rapid transit program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus lane restrictions through the\ninstallation and operation of bus lane photo devices, in accordance with\narticle twenty-four of this chapter, or (d) to adjudicate the liability\nof owners for violations of toll collection regulations imposed by\ncertain public authorities pursuant to the law authorizing such public\nauthorities to impose monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with toll collection\nregulations of such public authorities through the installation and\noperation of photo-monitoring systems, in accordance with the provisions\nof section two thousand nine hundred eighty-five of the public\nauthorities law and sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred\nfifty, or (e) to adjudicate the liability of owners for violations of\nsection eleven hundred seventy-four of this chapter when meeting a\nschool bus marked and equipped as provided in subdivisions twenty and\ntwenty-one-c of section three hundred seventy-five of this chapter\nimposed pursuant to a local law or ordinance imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith school bus red visual signals through the installation and\noperation of school bus photo violation monitoring systems, in\naccordance with article twenty-nine of this chapter, or (f) 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 (g) 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 (h) 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, except in a city with a population of one million or more,\nshall also have jurisdiction of abandoned vehicle violations. For the\npurposes of this article, a parking violation is the violation of any\nlaw, rule or regulation providing for or regulating the parking,\nstopping or standing of a vehicle. In addition for purposes of this\narticle, "commissioner" shall mean and include the commissioner of\ntraffic of the city or an official possessing authority as such a\ncommissioner.\n 2. Personnel. a. The head of such bureau shall be the director, who\nshall be appointed by the commissioner. The director may exercise or\ndelegate any of the functions, powers and duties conferred upon him or\nthe bureau by the commissioner to any qualified officer or employee of\nthe bureau.\n b. The commissioner may appoint such number of deputy directors as he\nshall deem necessary, but in no event to exceed four and may employ such\nofficers and employees as may be required to perform the work of the\nbureau, within the amounts available therefor by appropriation.\n c. The commissioner shall appoint supervising hearing examiners not to\nexceed six in number and senior hearing examiners, not to exceed six in\nnumber. Every supervising hearing examiner shall have been admitted to\nthe practice of law in the state for at least seven years and every\nsenior hearing examiner for at least six years. The duties of each\nsupervising hearing examiner and senior hearing examiner shall include,\nbut not be limited to: (1) presiding at hearings for the adjudication of\ncharges of parking violations; (2) the supervision and administration of\nthe work of the bureau; and (3) membership on the appeals board of the\nbureau, as herein provided.\n d. The commissioner shall appoint hearing examiners who shall preside\nat hearings for the adjudication of charges of parking violations.\nHearing examiners shall be appointed and shall serve for such number of\nsessions as may be determined by the commissioner and shall receive\ntherefor, such remuneration as may be fixed. Such hearing examiners\nshall not be considered employees of the city in which the\nadministrative tribunal has been established. Every hearing examiner\nshall have been admitted to the practice of law in this state for a\nperiod of at least five years, except in cities having a population of\none million or more persons where they shall have been admitted to such\npractice for a period of at least three years. Hearing examiners shall\nbe appointed from a list of eligible candidates who have satisfied the\nstandards established by a duly constituted committee of the bar\nassociation of the county in which the city is located or, the\nassociation of the bar of that city.\n 2-a. Notwithstanding any other provision of law, in cities with a\npopulation of one million or more, for purposes of this article a\nparking violation shall include a violation of section eleven hundred\nseventy-five of this chapter, provided that notice to the operator of\nthe vehicle is provided in like manner as any other violation under this\narticle.\n 3. Notwithstanding any inconsistent provision of any general, special\nor local law to the contrary, the city of Rochester may provide by local\nlaw for the administrative adjudication in the parking violations bureau\nof the city of Rochester of violations of article seven of the\nagriculture and markets law or of any local law or ordinance adopted\npursuant thereto relating to the licensing, identification and control\nof dogs. Such violations shall be heard and determined in the same\nmanner as charges of parking violations and a person charged with any\nsuch violation shall have all the rights to a hearing, administrative\nadjudication and judicial review which a person charged with a parking\nviolation has. The parking violations bureau shall have all the\nfunctions, powers and duties with respect to such violations as are\ngranted with respect to parking violations. Such violations shall be\npunishable by a civil penalty which shall not exceed the amounts set out\nin article seven of the agriculture and markets law. All moneys\ncollected shall be the property of the city of Rochester.\n 4. Notwithstanding any inconsistent provision of any general, special\nor local law to the contrary, the city of Buffalo may provide by local\nlaw for the administrative adjudication in the parking violations bureau\nof the city of Buffalo of violations of the city's ordinances relating\nto the maintenance and utilization of streets and sidewalks in the city\nof Buffalo. Such violations shall be heard and determined in the same\nmanner as charges of parking violations and a person charged with any\nsuch violation shall have all the rights to a hearing, administrative\nadjudication and judicial review which a person charged with a parking\nviolation has. The parking violations bureau shall have all the\nfunctions, powers and duties with respect to such violations as are\ngranted with respect to parking violations. Such violations shall be\npunishable by a civil penalty. All moneys collected shall be the\nproperty of the city of Buffalo.\n 5. Release of an illegally parked vehicle. a. A parking violations\nbureau of a city with a population of one million or more persons may\nimpose vehicle release penalties in accordance with the provisions of\nparagraph b of this subdivision, provided that the commissioner of\ntransportation of such city has established a procedure for the towing\nand impoundment of illegally parked vehicles which permits the release,\nat the site of the underlying parking violation, of an illegally parked\nvehicle which has been hooked to a tow truck in preparation for towing\nfrom such site if:\n (1) the owner or other person lawfully entitled to the possession of\nsuch vehicle appears and requests the release of such vehicle before the\ntow truck is in motion,\n (2) such owner or other person has a current valid driver's license,\n (3) such owner or other person presents either a registration card or\ntitle for the vehicle, and\n (4) such owner or other person consents, in writing, to the imposition\nof a vehicle release penalty for the underlying parking violation in\naccordance with paragraph b of this subdivision.\n b. Where a vehicle that is illegally parked is released from a tow\ntruck under the circumstances described in paragraph a of this\nsubdivision, a vehicle release penalty, in an amount which shall not\nexceed one-half of the fee charged by the department of transportation\nof such city for the towing of illegally parked vehicles shall, upon a\nplea of guilty, a final determination sustaining the charges or upon\ndefault, be added to the amount of fines and penalties imposed for the\nunderlying parking violation. The provisions of subdivision two of\nsection two hundred thirty-seven of this article that limit the amount\nof monetary penalties which may be imposed for a parking violation shall\nnot apply to such vehicle release penalty. In no event shall a vehicle\nrelease penalty be imposed pursuant to this subdivision if the\nunderlying parking violation is dismissed. The parking violations bureau\nof such city may prescribe penalties for non-payment of such vehicle\nrelease penalty which shall be consistent with section two hundred\nthirty-five of this article.\n