What's happening
This bill requires written hearing officer decisions and mandates surcharges unless violations are dismissed, enhancing transparency in parking ticket adjudications.
Why it matters
Mandates that hearing officers provide a written explanation of legal reasoning for each decision,. giving respondents clear insight into why they were found guilty or not guilty and strengthening the basis for any potential appeal.
Requires surcharges to be paid unless a violation is fully dismissed,. ensuring that the financial penalty component of parking infractions cannot be bypassed through reductions, which could increase revenue and deter frivolous challenges.
Guarantees respondents the right to an individual hearing for each ticket,. making the process more transparent and allowing for more nuanced consideration of each specific infraction rather than bulk or summary judgments.
Empowers respondents to waive the written decision requirement on a case-by-case basis,. offering flexibility for those who may want a quicker resolution without detailed documentation, but preserving the option for those who seek it.
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Who cares
Headline styles
Change Parking Ticket Hearings
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Reform Parking Ticket Hearings
In Assembly Committee · Transportation · Sponsor David Weprin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5179
2017-2018 Regular Sessions
IN SENATE
March 10, 2017
Introduced by Sen. PERALTA -- 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 the adjudication of parking infractions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 240 of the vehicle and traffic law is amended by adding a new paragraph h to read as follows:
h. (i) in every instance, the state of New York mandatory surcharge shall be paid by the respondent or operator unless a hearing officer dismisses the notice of violation;
(ii) a notice of violation shall only be reduced or dismissed with the express written determination of a hearing examiner upon completion of a hearing based specifically on the merits presented by the respondent for each violation a respondent is charged with;
(iii) when a respondent or operator is issued a notice of violation, the respondent or their representative shall be given the opportunity to exercise the option to have a hearing on the merits on a ticket by ticket basis; and
(iv) the hearing examiner shall write out his or her determination and the actual basis in law for his or her particular rationale for a guilty or not guilty decision, so respondents are fully informed as to the basis for the underlying decision and from which the respondent may take an appeal. The respondent or his or her representative may waive this requirement on a ticket by ticket basis, on the record, by doing so orally or in writing.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09701-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to the adjudication of parking infractions
Purpose
The bill would insure that individuals who are issued a ticket for parking infractions receive a fair and sound process towards resolution.
Summary of provisions
Section 1 provides that the New York state mandatory surcharge is always collected in instances where a notice of violation is not dismissed. Violations must be dismissed by a hearing examiner upon the completion of a hearing based on the merits. A respondent or their representative may always have the option of a hearing. The examiner shall write out his or her determination for guilty and not guilty decisions based the actual basis in law.
Justification
The purpose of this bill is to protect the rights of New York State citizens during the court and departmental processing of parking infractions. In most current situations, individuals simply pay the fee for the offense and hope the matter is resolved. In some cases individuals end up paying a fine even when the case for the infraction was not well documented and the basis in law for the guilty decision was unapparent.
Furthermore, respondents to the parking infractions often are not aware of the proper procedures and the courts administrating the ruling do not provide enough information on such matters. This bill would attempt to rectify some of the situations that arise in these instances in order to provide everyone an equal and sound footing in dealing with parking infractions.
This bill also seeks to end the two-tiered justice system that has developed under the Stipulated Fine Program. Often violations issued to commercial vehicles are reduced to zero without any consideration of the merits of the violation. This has resulted in large losses in revenue for New York State in the collection of the mandatory surcharge and has also contributed to New York City's continually worsening congestion problem. Many drivers, knowing that violations will be reduced to zero, will leave a delivery truck double-parked for hours. This practice heavily impedes traffic flow and gives commercial vehicles privileges that ordinary drivers do not have.
Fiscal implications
To be determined.
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.