2018 New York Laws
VAT - Vehicle and Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
240 - Hearings, Notice and Conduct.

Universal Citation: NY Veh & Traf L § 240 (2018)

§ 240. Hearings, notice and conduct. * 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a of this chapter or 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 section eleven hundred eleven-d of this chapter, or section eleven hundred eleven-e of this chapter, for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or a person alleged to be liable in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective until December 1, 2024

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable 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 section eleven hundred eleven-d of this chapter or section eleven hundred eleven-e of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter, or a person alleged to be liable in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading or contesting that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective and expires December 1, 2024

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with the provisions of section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, contests such allegation, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective December 1, 2024 until September 20, 2020

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter, or a person alleged to be liable in accordance with the provisions of section eleven hundred eighty-b of this chapter for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective September 20, 2020 until July 1, 2022

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-d of this chapter contests such allegation, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective July 1, 2022 until December 1, 2024

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, or a person alleged to be liable in accordance with section eleven hundred eleven-e of this chapter contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective December 1, 2024 until December 1, 2024

* 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which he must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed an admission of liability, and that a default judgment may be entered thereon.

* NB Effective December 1, 2024

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or 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 section eleven hundred eleven-d of this chapter or section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective until December 1, 2024

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability 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 in accordance with section eleven hundred eleven-d of this chapter, or in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective and expires December 1, 2024

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective December 1, 2024 until September 20, 2020

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-e of this chapter, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective September 20, 2020 until July 1, 2022

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-d of this chapter, is being contested, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-e of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective July 1, 2022 until December 1, 2024

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-e of this chapter, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective December 1, 2024 until December 1, 2024

* 1-a. Fines and penalties. Whenever a plea of not guilty has been entered by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing.

* NB Effective December 1, 2024

2. Conduct of hearings. * a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a of this chapter or 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 in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective until December 1, 2024

* a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability 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 in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter, shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective and expires December 1, 2024

* a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or an allegation of liability in accordance with section eleven hundred eleven-c of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective December 1, 2024 until September 20, 2020

* a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred eleven-d of this chapter or an allegation of liability in accordance with section eleven hundred eighty-b of this chapter shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective September 20, 2020 until July 1, 2022

* a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-e of this chapter or an allegation of liability in accordance with section eleven hundred eleven-d of this chapter shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective July 1, 2022 until December 1, 2024

* a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-e of this chapter shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective December 1, 2024 until December 1, 2024

* a. Every hearing for the adjudication of a charge of parking violation shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau.

* NB Effective December 1, 2024

b. No charge may be established except upon proof by substantial evidence.

c. The hearing examiner shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communications.

d. The hearing examiner shall at the request of the person charged on a showing of good cause and need therefor, or in his own discretion, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation or of other persons to give testimony, and may issue a subpoena duces tecum to compel the production for examination or introduction into evidence, of any book, paper or other thing relevant to the charges.

e. In the case of a refusal to obey a subpoena, the bureau may make application to the Supreme Court pursuant to section twenty-three hundred eight of the civil practice law and rules, for an order requiring such appearance, testimony or production of evidence.

f. The hearing examiner shall not examine the prior violation record of a person charged before making a determination.

* g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-a of this chapter or 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 in accordance with section eleven hundred eleven-d of this chapter is contested or in accordance with section eleven hundred eleven-e of this chapter is contested or of a hearing at which liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty is contested or of a hearing at which liability in accordance with section eleven hundred eleven-c of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-b of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective until December 1, 2024

* g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability 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 in accordance with section eleven hundred eleven-d of this chapter or in accordance with section eleven hundred eleven-e of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-c of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-b of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective and expires December 1, 2024

* g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-c of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-b of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective December 1, 2024 until September 20, 2020

* g. A record shall be made of a hearing on a plea of not guilty or of a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter or of a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter or a hearing at which liability in accordance with section eleven hundred eighty-b of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective September 20, 2020 until July 1, 2022

* g. A record shall be made of a hearing on a plea of not guilty or a hearing at which liability in accordance with section eleven hundred eleven-d of this chapter is contested or a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective July 1, 2022 until December 1, 2024

* g. A record shall be made of a hearing on a plea of not guilty or a hearing at which liability in accordance with section eleven hundred eleven-e of this chapter is contested. Recording devices may be used for the making of the record.

* NB Effective December 1, 2024 until December 1, 2024

* g. A record shall be made of a hearing on a plea of not guilty. Recording devices may be used for the making of the record.

* NB Effective December 1, 2024


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