2019 New York Laws
VAT - Vehicle and Traffic
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
236 - Creation, Personnel.

Universal Citation: NY Veh & Traf L § 236 (2019)
§ 236. Creation,   personnel.      * 1.   Creation.  In  any  city  as
hereinbefore or hereafter authorized such tribunal when created shall be
known as the parking violations bureau and shall  have  jurisdiction  of
traffic  infractions  which  constitute  a  parking violation and, where
authorized by local law adopted pursuant to subdivision (a)  of  section
eleven  hundred eleven-a of this chapter or subdivisions (a) of sections
eleven hundred eleven-b of this chapter as added by sections sixteen  of
chapters  twenty,  and  twenty-two  of the laws of two thousand nine, or
subdivision (a) of section eleven hundred eleven-d of this  chapter,  or
subdivision  (a)  of section eleven hundred eleven-e of this chapter, or
subdivision  (a)  of  section  eleven  hundred  seventy-four-a  of  this
chapter,  shall  adjudicate  the  liability  of owners for violations of
subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
accordance  with  such  section eleven hundred eleven-a, sections eleven
hundred eleven-b as added by sections sixteen of  chapters  twenty,  and
twenty-two  of  the laws of two thousand nine, or section eleven hundred
eleven-d or section eleven hundred eleven-e  and  shall  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 and shall 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 and shall adjudicate liability  of  owners  in  accordance  with
section  eleven hundred seventy-four-a of this chapter for violations of
section eleven hundred seventy-four of this chapter and shall 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  and  shall
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-d of this chapter. Such
tribunal, except in a city with a population of  one  million  or  more,
shall  also  have  jurisdiction of abandoned vehicle violations. For the
purposes of this article, a parking violation is the  violation  of  any
law,  rule  or  regulation  providing  for  or  regulating  the parking,
stopping or standing of a vehicle. In  addition  for  purposes  of  this
article,  "commissioner"  shall  mean  and  include  the commissioner of
traffic of the city or  an  official  possessing  authority  as  such  a
commissioner.
  * NB Effective until September 6, 2024
  * 1.  Creation.  In  any  city as hereinbefore or hereafter authorized
such tribunal when created shall be  known  as  the  parking  violations
bureau   and  shall  have  jurisdiction  of  traffic  infractions  which
constitute a parking  violation  and,  where  authorized  by  local  law
adopted  pursuant  to subdivision (a) of section eleven hundred eleven-a
of this chapter or subdivisions (a) of sections eleven hundred  eleven-b
of  this  chapter  as  added by sections sixteen of chapters twenty, and
twenty-two of the laws of two  thousand  nine,  or  subdivision  (a)  of
section  eleven  hundred eleven-d of this chapter, or subdivision (a) of
section eleven hundred eleven-e of this chapter, or subdivision  (a)  of
section  eleven hundred seventy-four-a of this chapter, shall adjudicate
the liability of owners for violations of  subdivision  (d)  of  section
eleven  hundred  eleven  of this chapter in accordance with such section
eleven hundred eleven-a, sections eleven hundred eleven-b  as  added  by
sections  sixteen  of chapters twenty, and twenty-two of the laws of two
thousand nine, or section eleven  hundred  eleven-d  or  section  eleven

hundred  eleven-e  and  shall  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 and shall 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 and shall
adjudicate liability of owners in accordance with section eleven hundred
seventy-four-a  of this chapter for violations of section eleven hundred
seventy-four of this chapter  and  shall  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, except in a city
with a population of one million or more, shall also  have  jurisdiction
of  abandoned  vehicle  violations.  For the purposes of this article, a
parking violation is the  violation  of  any  law,  rule  or  regulation
providing  for  or  regulating  the  parking,  stopping or standing of a
vehicle. In addition for purposes of this article, "commissioner"  shall
mean  and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
  * NB Effective September 6, 2024 until December 1, 2024
  * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
such  tribunal  when  created  shall  be known as the parking violations
bureau  and  shall  have  jurisdiction  of  traffic  infractions   which
constitute  a  parking  violation  and,  where  authorized  by local law
adopted pursuant to subdivisions (a) of sections eleven hundred eleven-b
of this chapter as added by sections sixteen  of  chapters  twenty,  and
twenty-two  of  the  laws  of  two  thousand nine, or subdivision (a) of
section eleven hundred eleven-d of this chapter, or subdivision  (a)  of
section  eleven  hundred eleven-e of this chapter, or subdivision (a) of
section eleven hundred seventy-four-a of this chapter, shall  adjudicate
the  liability  of  owners  for violations of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with  such  sections
eleven hundred eleven-b as added by sections sixteen of chapters twenty,
and  twenty-two  of  the  laws  of  two  thousand nine or section eleven
hundred  eleven-d  or  section  eleven  hundred  eleven-e;   and   shall
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 and shall  adjudicate  liability  of  owners  in
accordance  with  section  eleven hundred seventy-four-a of this chapter
for violations of section eleven hundred seventy-four  of  this  chapter
and  shall 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 and
shall 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-d  of  this
chapter.  For  the  purposes of this article, a parking violation is the
violation of any law, rule or regulation providing for or regulating the
parking, stopping or standing of a vehicle. In addition for purposes  of
this  article, "commissioner" shall mean and include the commissioner of
traffic of the city or  an  official  possessing  authority  as  such  a
commissioner.
  * NB Effective and Expires December 1, 2024
  * 1.  Creation.  In  any  city as hereinbefore or hereafter authorized
such tribunal when created shall be  known  as  the  parking  violations
bureau   and  shall  have  jurisdiction  of  traffic  infractions  which

constitute a parking  violation  and,  where  authorized  by  local  law
adopted  pursuant  to subdivision (a) of section eleven hundred eleven-d
or subdivision (a) of section eleven hundred eleven-e of  this  chapter,
or  subdivision  (a)  of  section  eleven hundred seventy-four-a of this
chapter, shall 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;  and  shall 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;  and  shall  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-d of this chapter. For  the  purposes
of  this  article, a parking violation is the violation of any law, rule
or regulation providing for  or  regulating  the  parking,  stopping  or
standing  of  a  vehicle.  In  addition  for  purposes  of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  * NB Effective December 1, 2024 until September 20, 2025
  * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
such  tribunal  when  created  shall  be known as the parking violations
bureau  and,  where  authorized  by  local  law  adopted   pursuant   to
subdivision  (a)  of  section eleven hundred eleven-d of this chapter or
subdivision (a) of section eleven hundred eleven-e of this  chapter,  or
subdivision  (a)  of  section  eleven  hundred  seventy-four-a  of  this
chapter, shall have jurisdiction of traffic infractions which constitute
a parking violation and shall 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 and shall 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-d  of  this chapter. For the purposes of this article, a
parking violation is the  violation  of  any  law,  rule  or  regulation
providing  for  or  regulating  the  parking,  stopping or standing of a
vehicle. In addition for purposes of this article, "commissioner"  shall
mean  and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
  * NB Effective September 20, 2025 until July 1, 2022
  * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
such  tribunal  when  created  shall  be known as the parking violations
bureau  and,  where  authorized  by  local  law  adopted   pursuant   to
subdivision  (a)  of  section eleven hundred eleven-d of this chapter or
subdivision (a) of section eleven hundred eleven-e of this  chapter,  or
subdivision  (a)  of  section  eleven  hundred  seventy-four-a  of  this
chapter, shall have jurisdiction of traffic infractions which constitute
a parking violation and shall 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-d of this chapter. For the purposes of this  article,  a  parking
violation  is the violation of any law, rule or regulation providing for
or regulating the  parking,  stopping  or  standing  of  a  vehicle.  In
addition  for  purposes  of  this article, "commissioner" shall mean and
include  the  commissioner  of  traffic  of  the  city  or  an  official
possessing authority as such a commissioner.
  * NB Effective July 1, 2022 until December 1, 2024
  * 1.  Creation.  In  any  city as hereinbefore or hereafter authorized
such tribunal when created shall be  known  as  the  parking  violations

bureau and where authorized by local law adopted pursuant to subdivision
(a)  of  section  eleven  hundred eleven-e or subdivision (a) of section
eleven hundred seventy-four-a of this chapter, shall  have  jurisdiction
of  traffic  infractions  which constitute a parking violation and shall
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-d of this chapter. For the
purposes  of  this  article, a parking violation is the violation of any
law, rule  or  regulation  providing  for  or  regulating  the  parking,
stopping  or  standing  of  a  vehicle. In addition for purposes of this
article, "commissioner" shall  mean  and  include  the  commissioner  of
traffic  of  the  city  or  an  official  possessing authority as such a
commissioner.
  * NB Effective December 1, 2024 until December 1, 2024
  * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
such  tribunal  when  created  shall  be known as the parking violations
bureau and where authorized by local law adopted pursuant to subdivision
(a) of section eleven hundred seventy-four-a of this chapter, shall have
jurisdiction of traffic infractions which constitute a parking violation
and  shall  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-d  of
this  chapter.  For the purposes of this article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of this article, "commissioner" shall mean and include the  commissioner
of  traffic  of  the  city or an official possessing authority as such a
commissioner.
  * NB Effective December 1, 2024 until December 1, 2024
  * 1. Creation. In any city as  hereinbefore  or  hereafter  authorized
such  tribunal  when  created  shall  be known as the parking violations
bureau  and  shall  have  jurisdiction  of  traffic  infractions   which
constitute  a  parking  violation.  For  the purposes of this article, a
parking violation is the  violation  of  any  law,  rule  or  regulation
providing  for  or  regulating  the  parking,  stopping or standing of a
vehicle. In addition for purposes of this article, "commissioner"  shall
mean  and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
  * NB Effective December 1, 2024
  2. Personnel. a. The head of such bureau shall be  the  director,  who
shall  be  appointed  by  the commissioner. The director may exercise or
delegate any of the functions, powers and duties conferred upon  him  or
the  bureau  by the commissioner to any qualified officer or employee of
the bureau.
  b. The commissioner may appoint such number of deputy directors as  he
shall deem necessary, but in no event to exceed four and may employ such
officers  and  employees  as  may be required to perform the work of the
bureau, within the amounts available therefor by appropriation.
  c. The commissioner shall appoint supervising hearing examiners not to
exceed six in number and senior hearing examiners, not to exceed six  in
number.  Every  supervising hearing examiner shall have been admitted to
the practice of law in the state for at  least  seven  years  and  every
senior  hearing  examiner  for  at  least  six years. The duties of each
supervising hearing examiner and senior hearing examiner shall  include,
but not be limited to: (1) presiding at hearings for the adjudication of
charges of parking violations; (2) the supervision and administration of
the  work  of the bureau; and (3) membership on the appeals board of the
bureau, as herein provided.

  d. The commissioner shall appoint hearing examiners who shall  preside
at  hearings  for  the  adjudication  of  charges of parking violations.
Hearing examiners shall be appointed and shall serve for such number  of
sessions  as  may  be  determined  by the commissioner and shall receive
therefor,  such  remuneration  as  may  be fixed. Such hearing examiners
shall  not  be  considered  employees  of  the   city   in   which   the
administrative  tribunal  has  been  established. Every hearing examiner
shall have been admitted to the practice of law  in  this  state  for  a
period  of  at least five years, except in cities having a population of
one million or more persons where they shall have been admitted to  such
practice  for  a period of at least three years. Hearing examiners shall
be appointed from a list of eligible candidates who have  satisfied  the
standards  established  by  a  duly  constituted  committee  of  the bar
association of  the  county  in  which  the  city  is  located  or,  the
association of the bar of that city.
  2-a.  Notwithstanding  any  other  provision  of law, in cities with a
population of one million or  more,  for  purposes  of  this  article  a
parking  violation  shall  include a violation of section eleven hundred
seventy-five of this chapter, provided that notice to  the  operator  of
the vehicle is provided in like manner as any other violation under this
article.
  3.  Notwithstanding any inconsistent provision of any general, special
or local law to the contrary, the city of Rochester may provide by local
law for the administrative adjudication in the parking violations bureau
of the  city  of  Rochester  of  violations  of  article  seven  of  the
agriculture  and  markets  law  or of any local law or ordinance adopted
pursuant thereto relating to the licensing, identification  and  control
of  dogs.  Such  violations  shall  be  heard and determined in the same
manner as charges of parking violations and a person  charged  with  any
such  violation  shall  have all the rights to a hearing, administrative
adjudication and judicial review which a person charged with  a  parking
violation  has.  The  parking  violations  bureau  shall  have  all  the
functions, powers and duties with respect  to  such  violations  as  are
granted  with  respect  to  parking violations. Such violations shall be
punishable by a civil penalty which shall not exceed the amounts set out
in article  seven  of  the  agriculture  and  markets  law.  All  moneys
collected shall be the property of the city of Rochester.
  4.  Notwithstanding any inconsistent provision of any general, special
or local law to the contrary, the city of Buffalo may provide  by  local
law for the administrative adjudication in the parking violations bureau
of  the  city of Buffalo of violations of the city's ordinances relating
to the maintenance and utilization of streets and sidewalks in the  city
of  Buffalo.  Such  violations shall be heard and determined in the same
manner as charges of parking violations and a person  charged  with  any
such  violation  shall  have all the rights to a hearing, administrative
adjudication and judicial review which a person charged with  a  parking
violation  has.  The  parking  violations  bureau  shall  have  all  the
functions, powers and duties with respect  to  such  violations  as  are
granted  with  respect  to  parking violations. Such violations shall be
punishable by a  civil  penalty.  All  moneys  collected  shall  be  the
property of the city of Buffalo.
  5.  Release  of  an  illegally parked vehicle. a. A parking violations
bureau of a city with a population of one million or  more  persons  may
impose  vehicle  release  penalties in accordance with the provisions of
paragraph b of this  subdivision,  provided  that  the  commissioner  of
transportation  of  such city has established a procedure for the towing
and impoundment of illegally parked vehicles which permits the  release,
at  the site of the underlying parking violation, of an illegally parked

vehicle which has been hooked to a tow truck in preparation  for  towing
from such site if:

(1) the owner or other person lawfully entitled to the possession of such vehicle appears and requests the release of such vehicle before the tow truck is in motion,

(2) such owner or other person has a current valid driver's license,

(3) such owner or other person presents either a registration card or title for the vehicle, and

(4) such owner or other person consents, in writing, to the imposition of a vehicle release penalty for the underlying parking violation in accordance with paragraph b of this subdivision. b. Where a vehicle that is illegally parked is released from a tow truck under the circumstances described in paragraph a of this subdivision, a vehicle release penalty, in an amount which shall not exceed one-half of the fee charged by the department of transportation of such city for the towing of illegally parked vehicles shall, upon a plea of guilty, a final determination sustaining the charges or upon default, be added to the amount of fines and penalties imposed for the underlying parking violation. The provisions of subdivision two of section two hundred thirty-seven of this article that limit the amount of monetary penalties which may be imposed for a parking violation shall not apply to such vehicle release penalty. In no event shall a vehicle release penalty be imposed pursuant to this subdivision if the underlying parking violation is dismissed. The parking violations bureau of such city may prescribe penalties for non-payment of such vehicle release penalty which shall be consistent with section two hundred thirty-five of this article.

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