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A539Assembly2009-2010 Session

Relates to dismissal of parking violations in certain instances

Sponsor Jeffrey DinowitzAD-81Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Jeffrey Dinowitz

Assembly Member · Assembly District 81

Chair, Codes

No co-sponsors yet.

History

  1. Print number 539a
  2. Amend and recommit to codes
  3. Reported referred to codes
  4. Referred to transportation
  5. Reported referred to codes
  6. Referred to transportation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A539A

Title of bill

An act to amend the vehicle and traffic law, in relation to adjudication of certain parking infractions

Purpose or general idea of bill

Provides that, if any information which is required to be inserted on a notice of violation is omitted, misdescribed, or illegible, the violation shall be dismissed.

Summary of specific provisions

Paragraph (b) of subdivision 2-a of section 238 of the vehicle and traffic law, as added by chapter 224 of the laws of 1995, is amended to read: (b) If any information which is required to be inserted on a notice of violation is omitted from the notice of violation, misdescribed, or illegible, the violation shall be dismissed.

Justification

In 1995 the Legislature passed legislation which provided for parking tickets which were incorrect, illegible or incom- plete to be dismissed. The language "upon application of the person charged with the violation" has been used by the Parking Violations Bureau to misinterpret the intent of the legislature where by, unless the person charged expresses to the hearing officer that the ticket was incorrect, illegible or incomplete, the ticket may not be dismissed. The removal of this language enables the hearing officer to dismiss the violation, as they should, if they themselves are aware of a defect on the ticket.

Prior legislative history

2007-08- A.517- Referred to Transportation 2005-06- A.1250- Referred to Codes 2003-04- A.3037- Referred to Codes 2001-02- A.1104- Referred to Rules 1999-2000- A.5689- Referred to Transportation

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.