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.

§ 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