2006 New York Code - Notice Of Violation.

 
    § 238. Notice  of  violation. 1. The notice of violation shall contain
  information advising the person charged of the manner and  the  time  in
  which  he may plead either guilty or not guilty to the violation alleged
  in the notice. Such notice of violation shall also contain a warning  to
  advise  the  person charged that failure to plead in the manner and time
  provided shall be deemed an admission of liability and  that  a  default
  judgment  may  be entered thereon. The form and wording of the notice of
  violation shall be prescribed by  the  director.  A  duplicate  of  each
  notice  of violation shall be served on the person charged in the manner
  hereinafter provided. The original or a facsimile thereof shall be filed
  and retained by the bureau, and shall be deemed a  record  kept  in  the
  ordinary  course  of  business, and shall be prima facie evidence of the
  facts contained therein.
    2. A notice of violation shall be served personally upon the  operator
  of  a motor vehicle who is present at the time of service, and his name,
  together with the plate designation and the plate type as shown  by  the
  registration plates of said vehicle and the expiration date; the make or
  model,  and  body  type  of  said  vehicle; a description of the charged
  violation, including but not limited to a reference  to  the  applicable
  traffic  rule  or  provision of this chapter; information as to the days
  and hours the applicable rule or provision of this chapter is in effect,
  unless always in effect pursuant to  rule  or  this  chapter  and  where
  appropriate  the  word  ALL  when  the  days  and/or hours in effect are
  everyday and/or twenty-four hours a day; the meter number  for  a  meter
  violation, where appropriate; and the date, time and particular place of
  occurrence  of  the charged violation, shall be inserted therein. A mere
  listing of a meter number in cases of charged meter violations shall not
  be deemed to constitute a sufficient description of a  particular  place
  of  occurrence for purposes of this subdivision. The notice of violation
  shall be served upon the owner of the motor vehicle if the  operator  is
  not  present,  by  affixing such notice to said vehicle in a conspicuous
  place. Whenever such notice is so affixed, in lieu of inserting the name
  of the person charged with the violation in the space provided  for  the
  identification  of  said person, the words "owner of the vehicle bearing
  license" may be inserted to be followed by  the  plate  designation  and
  plate  type as shown by the registration plates of said vehicle together
  with the expiration date; the make or  model,  and  body  type  of  said
  vehicle;  a  description  of  the  charged  violation, including but not
  limited to a reference to the applicable traffic rule  or  provision  of
  this  chapter;  information as to the days and hours the applicable rule
  or provision of this chapter  is  in  effect  unless  always  in  effect
  pursuant to rule or this chapter and where appropriate the word ALL when
  the days and/or hours in effect are every day and/or twenty-four hours a
  day;  the  meter number for a meter violation where appropriate; and the
  date, time and particular place of occurrence of the charged  violation.
  Service of the notice of violation, or a duplicate thereof by affixation
  as  herein  provided  shall  have the same force and effect and shall be
  subject to the same penalties for disregard thereof as though  the  same
  was  personally  served  with  the  name  of the person charged with the
  violation inserted therein.
    2-a. (a) Notwithstanding any inconsistent provision of subdivision two
  of this section, where the plate type or the  expiration  date  are  not
  shown on either the registration plates or sticker of a vehicle or where
  the registration sticker is covered, faded, defaced or mutilated so that
  it  is  unreadable, the plate type or the expiration date may be omitted
  from the notice of violation; provided, however, such condition must  be
  so described and inserted on the notice of violation.
    (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  upon  application  of  the
  person charged with the violation.
    (c)  (i)  A  determination dismissing a charged parking violation that
  has  been  procured  due  to  the  knowing   fraud,   false   testimony,
  misrepresentation,  or  other misconduct, or the knowing alteration of a
  notice of parking violation, by the person so  charged  or  his  or  her
  agent,  employee,  or  representative  may  be  set  aside  by a hearing
  examiner as hereinafter provided.
    (ii) Notice shall be served on the owner by mail  to  the  last  known
  registered  address  within  two  years  of  the time that the enforcing
  authority discovers, or could with reasonable diligence have discovered,
  that the  dismissal  was  procured  due  to  the  knowing  fraud,  false
  testimony,  misrepresentation,  or  other  misconduct,  or  the  knowing
  alteration of a notice of parking violation, by the person so charged or
  his or her agent, employee, or representative. Such notice shall  fix  a
  time  when  and  place  where  a  hearing shall be held before a hearing
  examiner to determine whether or not  dismissal  of  a  charged  parking
  violation  shall be set aside. Such notice shall set forth the basis for
  setting aside the dismissal and advise the owner that failure to  appear
  at  the  date  and  time  indicated  in  such  notice shall be deemed an
  admission of liability and shall result in  the  setting  aside  of  the
  dismissal and entry of a determination on the charged parking violation.
  Such  notice  shall  also  contain a warning that civil penalties may be
  imposed for the violation pursuant to this paragraph and that a  default
  judgment may be entered thereon.
    (iii)  Upon  a  finding  by a hearing examiner that the dismissal of a
  charged parking violation has been procured due to  the  knowing  fraud,
  false  testimony, misrepresentation, or other misconduct, or the knowing
  alteration of a notice of parking violation, by the person so charged or
  his or her agent, employee, or representative, the  dismissal  shall  be
  set  aside  and a determination may be rendered against the owner on the
  charged parking violation. The  hearing  examiner  may  impose  monetary
  penalties  for  the  charged  parking violation of up to three times the
  scheduled  fine  for  the  violation  and  three  times  the  additional
  penalties  that  may  be  imposed  for failure to respond to a notice of
  violation pursuant to section two hundred thirty-five of  this  article.
  For purposes of determining the amount of such additional penalties, the
  hearing  examiner  shall  disregard the plea that procured the dismissal
  that has been set aside and shall calculate such penalties as  if  there
  had  been  no  plea  or  appearance in the proceeding. In any proceeding
  under this  paragraph  to  set  aside  a  determination  and  to  impose
  penalties  for  the violation, it shall not be necessary for the hearing
  examiner to find that the owner personally committed the  unlawful  acts
  that procured the dismissal of the violation.
    (iv)  Failure  to  appear  at a hearing in response to a notice issued
  pursuant to this paragraph  shall  be  deemed  to  be  an  admission  of
  liability for the charged parking violation as set forth in the original
  notice  of  violation  and a default judgment may be entered against the
  owner in the maximum amount set forth  in  subparagraph  (iii)  of  this
  paragraph.
    (v)  Notwithstanding any inconsistent provision of section two hundred
  forty-one of this article, a default judgment may be entered pursuant to
  this paragraph more than two years after  the  expiration  of  the  time
  prescribed  for entering a plea or contesting an allegation, but no more
  than two years of the time that the enforcing  authority  discovers,  or
  could  with reasonable diligence have discovered, that the dismissal was
  procured due to the knowing fraud, false  testimony,  misrepresentation,
  or  other  misconduct,  or the knowing alteration of a notice of parking
  violation.
    3.  For  purposes of this section, an operator of a vehicle who is not
  the owner thereof but  who  uses  or  operates  such  vehicle  with  the
  permission  of  the owner, express or implied, shall be deemed to be the
  agent of such owner to receive notices of violation, whether  personally
  served on such operator or served by affixation in the manner aforesaid,
  and  service  made  in  either  manner  as herein provided shall also be
  deemed to be lawful service upon such owner.