2018 New York Laws
VAT - Vehicle and Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
235 - Jurisdiction.

* § 235. Jurisdiction.   1. Notwithstanding any inconsistent provision
  of any general, special or local  law  or  administrative  code  to  the
  contrary,  in  any  city  which heretofore or hereafter is authorized to
  establish an administrative tribunal to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  to adjudicate the liability of owners for violations of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section eleven hundred eleven-a of this chapter, or to
  adjudicate the liability of owners for violations of subdivision (d)  of
  section  eleven  hundred  eleven  of  this  chapter  in  accordance with
  sections eleven hundred eleven-b of this chapter as  added  by  sections
  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
  two thousand  nine,  or  to  adjudicate  the  liability  of  owners  for
  violations  of  subdivision (d) of section eleven hundred eleven of this
  chapter in accordance with  section  eleven  hundred  eleven-d  of  this
  chapter,  or  to  adjudicate  the  liability of owners for violations of
  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
  accordance  with  section eleven hundred eleven-e of this chapter, or to
  adjudicate the liability of owners for  violations  of  toll  collection
  regulations  as  defined  in  and  in  accordance with the provisions of
  section two thousand nine hundred eighty-five of the public  authorities
  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
  hundred seventy-four of the  laws  of  nineteen  hundred  fifty,  or  to
  adjudicate liability of owners in accordance with section eleven hundred
  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
  defined in subdivision (b), (c), (d), (f) or (g) of such section, or  to
  adjudicate  the  liability  of  owners  for violations of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
2. Notwithstanding any inconsistent provision of any general,  special
  or  local  law  or  administrative code to the contrary, any city with a
  population in excess of one hundred thousand persons  according  to  the
  nineteen  hundred eighty United States census hereinafter referred to as
  a city shall provide notice of parking violations and of the  imposition
  of additional penalties whenever the person who is liable therefor fails
  to  respond to the parking ticket in the manner designated thereon. Such
  notice  shall  be  in  substantial  conformance   with   the   following
  provisions:
a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
  parking violation, it shall  be  served  in  the  manner  prescribed  by
  subdivision two of section two hundred thirty-eight of this article.
(2)  Whenever  a  person  has  been issued a notice of violation for a
  parking violation and has not responded in the manner described  in  the
  notice,  a city shall give the owner a second notice of the violation by
  regular first class mail: (i) within forty days of issuance of the first
  notice of violation for a parking  violation  where  the  vehicle  is  a
  vehicle  registered  in  this  state;  or  (ii) within forty days of the
  receipt by such city of the name and address of the owner of the vehicle
  where the vehicle is a vehicle  registered  in  any  other  state.  Such
  second  notice  shall  include,  but  not  be  limited to, the following
  information:
(A) that the owner has a period of twenty days from  issuance  of  the
  second  notice  in  which  to  respond  to the notice of violation for a
  parking violation;

(B) that failure to respond to the notice of violation for  a  parking
  violation  may  result  in the suspension and non-renewal of the owner's
  registration;
(C)  that  failure to respond to the notice of violation for a parking
  violation may subject the owner to additional penalties as  provided  in
  paragraph b of this subdivision;
(D)  that  failure to respond to the notice of violation for a parking
  violation shall subject the owner to a default judgment as  provided  in
  paragraph  c  of  this  subdivision and the additional penalties imposed
  upon parking violations pursuant to paragraph b of this subdivision; and
(E) that submission of a plea of guilty to the parking violation makes
  the owner liable for payment of the stated fine and additional penalties
  imposed pursuant to paragraph b of this subdivision  and  the  mandatory
  surcharge of fifteen dollars imposed upon parking violations pursuant to
  section eighteen hundred nine-a of this chapter.
(1)  Upon  written  application  of the chief executive officer of any
  such city, the commissioner may authorize for a  specified  time  period
  the  use  of  a  notice  mailer  form  that  does  not  contain  all the
  information set forth in this subdivision but which  was  used  by  such
  city on or before the effective date of this section.
(2)  In  addition,  the  commissioner  may suspend for a period not to
  exceed one year from the effective date of this section  the  provisions
  of  this  subdivision  requiring  that  a  second notice of violation be
  served within forty days of issuance of the first notice  of  a  parking
  violation,  upon  written  application of the chief executive officer of
  any such city demonstrating that immediate  imposition  of  such  notice
  requirement  will cause substantial financial hardship to such city, and
  setting forth the steps to be taken by such city to  achieve  compliance
  with  the notice requirements of this subdivision at the end of such one
  hundred  eighty  day  period.  Upon  granting  such   application,   the
  commissioner  shall  specify  a period, not to exceed seventy-five days,
  within which such  second  notice  must  be  served,  and  shall  adjust
  accordingly   the  time  periods  set  forth  in  paragraph  b  of  this
  subdivision to provide that the additional penalties set forth  in  such
  subdivision  will not be imposed prior to the stated number of days from
  the service of such notice.
b. Additional penalties. (1) For the purposes of this paragraph,  each
  locality shall determine an initial response date of not less than eight
  days  nor  more  than  thirty  days,  after  which time a penalty may be
  imposed. The liability for such initial penalty shall  commence  on  the
  date following the initial response date.
(2)  Failure  to  respond  to  a  notice  of  violation  for a parking
  violation by the initial response date may result in the liability for a
  penalty in an amount of the fine indicated on the  notice  of  violation
  for a parking violation; where a city has given a second notice pursuant
  to paragraph a of this subdivision, the following schedule of additional
  penalties may apply:
(A)  failure  to  respond  to  a  notice  of  violation  for a parking
  violation by the initial response date may result in the  liability  for
  an additional penalty not to exceed ten dollars or, if the first penalty
  assessed by a city does not exceed five dollars, such city may assess an
  additional  penalty within thirty-one to seventy-five days not to exceed
  ten dollars; and
(B) where a city has given a second notice pursuant to paragraph a  of
  this  subdivision  failure  to  respond  to  a notice of violation for a
  parking violation within seventy-five days may result in the  liability,
  commencing  on  the  seventy-sixth day, for an additional penalty not to
  exceed twenty dollars.

(3) Where the additional penalty schedule set  forth  in  subparagraph
  two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
  Regulations Part 6180, has not been implemented by a city and is not  in
  effect  in  such  city  on  or  before  January  first, nineteen hundred
  ninety-three,  the provisions of this paragraph shall not apply. For the
  purposes of this subdivision, the provisions of this paragraph shall not
  be considered to have been implemented and in effect unless the  penalty
  schedule  contained herein shall have been applied to parking violations
  issued in such  city  on  or  before  January  first,  nineteen  hundred
  ninety-three.
b-1.  Alternate  additional penalty schedule. In any city in which the
  schedule of penalties contained in subparagraph two of  paragraph  b  of
  this  subdivision,  as  interpreted  in  9  New  York  Code of Rules and
  Regulations Part 6180, has not been implemented and is not in effect  on
  or  before  January first, nineteen hundred ninety-three, the provisions
  of this paragraph shall  only  apply  upon  enactment  of  a  local  law
  containing  the  penalty  schedule  provided  in  this  paragraph within
  forty-five days of the effective date of this paragraph.  Following  the
  enactment  of  such  a  local  law,  such  city  may elect to impose the
  additional penalties set forth in subparagraphs  one  and  two  of  this
  paragraph  for failure to respond to a notice of violation for a parking
  violation in accordance with this paragraph. In the event that  no  such
  local  law  is  enacted  within forty-five days of the effective date of
  this paragraph, the alternate additional penalty schedule set  forth  in
  paragraph b-2 of this subdivision shall apply.
(1)  Failure  to  respond  to  a  notice  of  violation  for a parking
  violation within thirty days shall result in  liability,  commencing  on
  the  thirty-first  day,  for  an  additional penalty in an amount not to
  exceed ten dollars, indicated on the notice of violation for  a  parking
  violation:  where a city has given a second notice pursuant to paragraph
  a of this subdivision failure to respond to a notice of violation for  a
  parking  violation  within  forty-five  days  may  result  in liability,
  commencing on the forty-sixth day, for the penalty prescribed above  for
  failure  to  respond within thirty days and an additional penalty not to
  exceed twenty dollars; and where  a  city  has  given  a  second  notice
  pursuant  to  paragraph  a  of  this subdivision failure to respond to a
  notice of violation for a parking violation within seventy-five days may
  result in liability,  commencing  on  the  seventy-sixth  day,  for  the
  penalties prescribed above for failure to respond within thirty days and
  for  failure to respond within forty-five days and an additional penalty
  not to exceed thirty dollars.
(2) Notwithstanding the foregoing schedule of  alternative  additional
  penalties,  if an owner makes a plea or appears within twenty days after
  issuance of a second notice of violation in accordance with paragraph  a
  of  this  subdivision, or prior to such mailing, such additional penalty
  shall not exceed ten dollars.
b-2. Alternate additional penalty schedule. In any city in  which  the
  schedule  of  penalties contained in paragraph b of this subdivision, as
  interpreted in 9 New York Code of Rules and Regulations Part  6180,  has
  not  been  implemented  and is not in effect on or before January first,
  nineteen hundred ninety-three and which has  not  enacted  a  local  law
  pursuant  to paragraph b-1 of this subdivision within forty-five days of
  the effective date of this paragraph, the following alternate additional
  penalty schedule shall apply:
(1) Failure to  respond  to  a  notice  of  violation  for  a  parking
  violation  within  eight days may result in the liability, commencing on
  the ninth day, for an additional penalty in an amount not to exceed five
  dollars;

(2) Failure to  respond  to  a  notice  of  violation  for  a  parking
  violation  within thirty days may result in the liability, commencing on
  the thirty-first day, for the penalty prescribed above  for  failure  to
  respond  within  eight  days and an additional penalty not to exceed ten
  dollars  or,  if  the first penalty assessed by the city does not exceed
  five  dollars,  such  city  may  assess  an  additional  penalty  within
  thirty-one to seventy-five days not to exceed ten dollars;
(3)  Where a city has given a second notice pursuant to paragraph a of
  this subdivision failure to respond to  a  notice  of  violation  for  a
  parking  violation within seventy-five days may result in the liability,
  commencing on the seventy-sixth day, for the penalties prescribed  above
  for  failure  to  respond  within  eight days and for failure to respond
  within thirty days and  an  additional  penalty  not  to  exceed  twenty
  dollars; and
(4)  Notwithstanding the foregoing schedule of alternate penalties, if
  an owner makes a plea or appears within twenty days after issuance of  a
  second  notice  of  violation  in  accordance  with  paragraph a of this
  subdivision, or prior to such mailing, such additional penalty shall not
  exceed five dollars.
b-3. Application. Notwithstanding any other provision of law, any rule
  or regulation previously or heretofore issued  prior  to  the  effective
  date of this paragraph by any state or local agency, division, bureau or
  other  entity, authorizing the imposition of an additional penalty equal
  to the amount of the initial fine for failure to respond  to  the  first
  notice  of  violation  within  eight days of its issuance shall be of no
  force and effect in a city to which the provisions of paragraph  b-1  or
  b-2 of this subdivision apply.
c.  Default  judgment.  Where  a  city  has  given  notice pursuant to
  paragraph a of this subdivision, failure  to  respond  to  a  notice  of
  violation  for a parking violation within ninety days shall be deemed an
  admission of liability and shall subject the owner to a default judgment
  being entered thereon in an amount not greater than the  amount  of  the
  original fine and accrued penalties plus any applicable surcharges. Such
  default shall be reported to the department which department shall cause
  a suspension and non-renewal of the owner's registration pursuant to the
  provisions  of  subdivision  four-c  of section five hundred ten of this
  chapter.
* NB Effective until September 1, 2020
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-a of this chapter,  or  to
  adjudicate  the liability of owners for violations of subdivision (d) of
  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
  sections  eleven  hundred  eleven-b of this chapter as added by sections
  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
  two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
  violations of subdivision (d) of section eleven hundred eleven  of  this
  chapter  in  accordance  with  section  eleven  hundred eleven-d of this
  chapter, or to adjudicate the liability  of  owners  for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-e of this chapter,  or  to
  adjudicate  the  liability  of  owners for violations of toll collection
  regulations as defined in and  in  accordance  with  the  provisions  of

  section  two thousand nine hundred eighty-five of the public authorities
  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
  hundred  seventy-four  of  the  laws  of  nineteen  hundred fifty, or to
  adjudicate liability of owners in accordance with section eleven hundred
  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
  defined in such section, or to adjudicate the liability  of  owners  for
  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
* NB Effective September 1, 2020 until December 1, 2024
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with sections eleven hundred  eleven-b  of  this  chapter  as
  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
  of  the  laws  of  two  thousand nine, or to adjudicate the liability of
  owners for violations of  subdivision  (d)  of  section  eleven  hundred
  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
  eleven-d of this chapter, or to adjudicate the liability of  owners  for
  violations  of  subdivision (d) of section eleven hundred eleven of this
  chapter in accordance with  section  eleven  hundred  eleven-e  of  this
  chapter, or to adjudicate the liability of owners for violations of toll
  collection  regulations  as  defined  in  and  in  accordance  with  the
  provisions of section two  thousand  nine  hundred  eighty-five  of  the
  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
  fifty,  or  to adjudicate liability of owners in accordance with section
  eleven hundred eleven-c of this  chapter  for  violations  of  bus  lane
  restrictions  as defined in such section, or to adjudicate the liability
  of owners for violations of subdivision (b), (c), (d),  (f)  or  (g)  of
  section eleven hundred eighty of this chapter in accordance with section
  eleven hundred eighty-b of this chapter, such tribunal and the rules and
  regulations  pertaining  thereto  shall  be  constituted  in substantial
  conformance with the following sections.
* NB Effective and Expires December 1, 2024
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-d of this chapter,  or  to
  adjudicate  the liability of owners for violations of subdivision (d) of
  section eleven hundred eleven of this chapter in accordance with section
  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
  of  owners  for  violations of toll collection regulations as defined in
  and in accordance with the  provisions  of  section  two  thousand  nine
  hundred   eighty-five   of  the  public  authorities  law  and  sections
  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
  owners  in  accordance  with  section  eleven  hundred  eleven-c of this

  chapter for violations of bus  lane  restrictions  as  defined  in  such
  section,  or  to  adjudicate  the  liability of owners for violations of
  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
  of  this  chapter  in accordance with section eleven hundred eighty-b of
  this chapter, such tribunal and the  rules  and  regulations  pertaining
  thereto  shall  be  constituted  in  substantial  conformance  with  the
  following sections.
*NB Effective December 1, 2024 until September 20, 2020
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-d of this chapter,  or  to
  adjudicate  the liability of owners for violations of subdivision (d) of
  section eleven hundred eleven of this chapter in accordance with section
  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
  of  owners  for  violations of toll collection regulations as defined in
  and in accordance with the  provisions  of  section  two  thousand  nine
  hundred   eighty-five   of  the  public  authorities  law  and  sections
  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
  owners  for  violations  of  subdivisions  (c) and (d) of section eleven
  hundred eighty of this chapter in accordance with section eleven hundred
  eighty-b of this chapter, such tribunal and the  rules  and  regulations
  pertaining  thereto shall be constituted in substantial conformance with
  the following sections.
* NB Effective September 20, 2020 until July 1, 2022
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-d of this chapter,  or  to
  adjudicate  the liability of owners for violations of subdivision (d) of
  section eleven hundred eleven of this chapter in accordance with section
  eleven hundred eleven-e of this chapter, or to adjudicate the  liability
  of  owners  for  violations of toll collection regulations as defined in
  and in accordance with the  provisions  of  section  two  thousand  nine
  hundred   eighty-five   of  the  public  authorities  law  and  sections
  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
  of the laws of nineteen hundred fifty, such tribunal and the  rules  and
  regulations  pertaining  thereto  shall  be  constituted  in substantial
  conformance with the following sections.
* NB Effective July 1, 2022 until December 1, 2024
* § 235. Jurisdiction. Notwithstanding any inconsistent  provision  of
  any  general,  special  or  local  law  or  administrative  code  to the
  contrary, in any city which heretofore or  hereafter  is  authorized  to
  establish an administrative tribunal to hear and determine complaints of
  traffic   infractions   constituting   parking,   standing  or  stopping
  violations, or to adjudicate the liability of owners for  violations  of
  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
  accordance with section eleven hundred eleven-e of this chapter,  or  to
  adjudicate  the  liability  of  owners for violations of toll collection

  regulations as defined in and  in  accordance  with  the  provisions  of
  section  two thousand nine hundred eighty-five of the public authorities
  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
  hundred  seventy-four  of  the  laws  of  nineteen  hundred  fifty, such
  tribunal and the rules  and  regulations  pertaining  thereto  shall  be
  constituted in substantial conformance with the following sections.
* NB Effective December 1, 2024 until December 1, 2024
* § 235. Jurisdiction.  Notwithstanding  any inconsistent provision of
  any general,  special  or  local  law  or  administrative  code  to  the
  contrary,  in  any  city  which heretofore or hereafter is authorized to
  establish an administrative tribunal to hear and determine complaints of
  traffic  infractions  constituting   parking,   standing   or   stopping
  violations,  or  to adjudicate the liability of owners for violations of
  toll collection regulations as defined in and  in  accordance  with  the
  provisions  of  section  two  thousand  nine  hundred eighty-five of the
  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
  fifty, such tribunal and the rules and  regulations  pertaining  thereto
  shall  be  constituted  in  substantial  conformance  with the following
  sections.
* NB Effective December 1, 2024