BILL NUMBER: S8410
SPONSOR: COMRIE
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to notices of
violation returnable to a parking violations bureau in a city with a
population of one million or more
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 2 of section 238 of the Vehicle and Traffic
Law ("VTL") with respect to notices of violation ("NOVs") issued in New
York City for parking violations in two ways. First, it would provide
that the vehicle's vehicle identification number ("VIN") may be used in
lieu of or in addition to the vehicle's license plate designation and
license plate type on an NOV in instances in which a vehicle lacks a
registration plate, also known as a license plate, issued by the Commis-
sioner of Motor Vehicles or by an equivalent official from another
state, territory or country or where such license plate is concealed or
obscured. Second, it would require the inclusion of a vehicle's body
type on an NOV only if the vehicle's body type is indicated on the vehi-
cle's registration sticker.
Section 2 provides that the bill takes effect immediately.
REASONS FOR SUPPORT:
This bill would increase the efficiency of the operations of the New
York City Parking Violations Bureau with respect to enforcing parking
infractions by updating the requirements for notices of violation issued
in New York City.
Section 238 of the VTL currently requires an NOV to include the license
plate designation and plate type. This requirement poses enforcement
challenges because a license plate or registration sticker is sometimes
obscured, missing, or otherwise invalid. In recent years, the number of
vehicles with missing, fraudulent, or obscured license plates parked in
violation of City rules has increased substantially. The bill allows the
VIN to be included on an NOV when the type and number of the license
plate is either unreliable or missing. This amendment would facilitate
the issuance of valid NOVs because every vehicle has a unique and
observable VIN that is difficult to remove. The VIN, like a license
plate number, provides a means of determining the name and address of
the person who has registered the vehicle with the Department of Motor
Vehicles.
Section 238 also requires that the body type of a vehicle be indicated
on an NOV, even though body types are not standardized or clearly indi-
cated on registration stickers in the 49 states other than New York. The
requirement to indicate body type significantly handicaps the issuance
of NOVs to vehicles with out-of-state license plates. From 2014 through
2019, over $15.8 million worth of NOVs issued to vehicles registered
outside of New York State were dismissed due to an omission or misdes-
cription in the vehicle's body type. This bill would rectify this prob-
lem by requiring the NOV to include body type only when the body type is
indicated on the registration sticker.
By making it easier for the City to issue valid NOVs, this bill would
facilitate the enforcement Of laws that impact the safety, cleanliness
and order of New York City's streets.
Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.
Respectfully submitted,
SHANNA F. WITHERSPOON Director
Statutes affected: S8410: 238 vehicle and traffic law, 238(2) vehicle and traffic law