BILL NUMBER: S4104
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to prohibiting
the issuance of late fees prior to a finding of liability for a parking
violation; and repealing certain provisions of such law relating thereto
 
PURPOSE:
To repeal additional penalties for failure to respond to a notice of a
parking violation when there is no finding of liability for the
violation.
 
SUMMARY OF PROVISIONS:
Section 1 amends paragraph a of subdivision 2 of section 235 of the
vehicle and traffic law, as amended by section 18 of part J of chapter
62 of the laws of 2003, to remove a city's requirements to notify a
person who has not responded to a parking violation that failure to
respond may subject the owner to additional penalties.
Section 2 repeals paragraphs b, b-1, b-2 and b-3 of subdivision 2 of
section 235 of the vehicle and traffic law (additional penalties) and
paragraph c of subdivision 2 is relettered paragraph b.
Section 3 amends subparagraph (iii) of paragraph (c) of subdivision 2-a
of section 238 of the vehicle and traffic law, as amended by chapter 409
of the laws of 2001, removing the potential fine of three times the
additional penalties that may be imposed for failure to respond to a
notice of violation.
Section 4 amends the vehicle and traffic law by adding a new section
238-a prohibiting certain late fees for parking violations. Notwith-
standing any rule to the contrary, an owner shall not be subject to
additional penalties for failure to respond to a notice of violation,
except failure to pay the fine in a timely fashion, but only if the
owner is found liable for the parking violation.
Section 5 provides the effective date.
 
EXISTING LAW:
Additional fees may be imposed for failure to respond to a notice of a
parking violation, even when the owner of the car is found not liable
for the parking violation.
 
JUSTIFICATION:
This will provide relief to New Yorkers burdened with having to pay
additional penalties for parking tickets they should not have been writ-
ten.
 
LEGISLATIVE HISTORY:
2021-22 REFERRED TO SENATE TRANSPORTATION
2019-20 REFERRED TO SENATE TRANSPORTATION
 
FISCAL IMPLICATIONS:
Undetermined
 
LOCAL FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to subdivision 2 of section 235 of the vehicle and traffic
law made by sections one and two of this act, shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.