S 2108: Provides for service of parking tickets by mail; provides additional time to respond to a parking ticket so served.

  
  STATE OF NEW YORK ________________________________________________________________________ 2108 2025-2026 Regular Sessions  IN SENATE January 15, 2025 ___________ Introduced by Sen. COONEY -- 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 providing for service of parking tickets by mail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 238 of the vehicle and 2 traffic law, subdivision 1 as added by chapter 715 of the laws of 1972, 3 and subdivision 2 as amended by chapter 224 of the laws of 1995, are 4 amended to read as follows: 5 1. The notice of violation shall contain information advising the 6 person charged of the manner and the time in which [he] such person may 7 plead either guilty or not guilty to the violation alleged in the 8 notice. Such notice of violation shall also contain a warning to advise 9 the person charged that failure to plead in the manner and time provided 10 shall be deemed an admission of liability and that a default judgment 11 may be entered thereon. Where such notice is served by first-class mail 12 to a post office box address pursuant to subdivision two of this 13 section, the person charged shall be given an additional sixty days to 14 respond to the notice. The form and wording of the notice of violation 15 shall be prescribed by the director. A duplicate of each notice of 16 violation shall be served on the person charged in the manner hereinaft- 17 er provided. The original or a facsimile thereof shall be filed and 18 retained by the bureau, and shall be deemed a record kept in the ordi- 19 nary course of business, and shall be prima facie evidence of the facts 20 contained therein. 21 2. A notice of violation shall be served personally upon the operator 22 of a motor vehicle who is present at the time of service, and [his] 23 their name, together with the plate designation and the plate type as 24 shown by the registration plates of said vehicle and the expiration 25 date; the make or model, and body type of said vehicle; a description of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03602-01-5 
 S. 2108 2 1 the charged violation, including but not limited to a reference to the 2 applicable traffic rule or provision of this chapter; information as to 3 the days and hours the applicable rule or provision of this chapter is 4 in effect, unless always in effect pursuant to rule or this chapter and 5 where appropriate the word ALL when the days and/or hours in effect are 6 everyday and/or twenty-four hours a day; the meter number for a meter 7 violation, where appropriate; and the date, time and particular place of 8 occurrence of the charged violation, shall be inserted therein. A mere 9 listing of a meter number in cases of charged meter violations shall not 10 be deemed to constitute a sufficient description of a particular place 11 of occurrence for purposes of this subdivision. The notice of violation 12 shall be served upon the owner of the motor vehicle if the operator is 13 not present, by affixing such notice to said vehicle in a conspicuous 14 place or by sending notice to such owner by first-class mail within 15 fourteen business days if the motor vehicle is registered in New York or 16 within forty-five business days if the motor vehicle is registered out 17 of state. Whenever such notice is so affixed or mailed, in lieu of 18 inserting the name of the person charged with the violation in the space 19 provided for the identification of said person, the words "owner of the 20 vehicle bearing license" may be inserted to be followed by the plate 21 designation and plate type as shown by the registration plates of said 22 vehicle together with the expiration date; the make or model, and body 23 type of said vehicle; a description of the charged violation, including 24 but not limited to a reference to the applicable traffic rule or 25 provision of this chapter; information as to the days and hours the 26 applicable rule or provision of this chapter is in effect unless always 27 in effect pursuant to rule or this chapter and where appropriate the 28 word ALL when the days and/or hours in effect are every day and/or twen- 29 ty-four hours a day; the meter number for a meter violation where appro- 30 priate; and the date, time and particular place of occurrence of the 31 charged violation. Service of the notice of violation, or a duplicate 32 thereof by affixation as herein provided shall have the same force and 33 effect and shall be subject to the same penalties for disregard thereof 34 as though the same was personally served with the name of the person 35 charged with the violation inserted therein. 36 § 2. This act shall take effect immediately.