N.Y. Comp. Codes R. & Regs. tit. 9 § 6180.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 6180.5 - Procedures

(a)Issuance of the notice of violation.

(1) Whenever a notice of violation is issued for a parking violation, it shall be served in the manner prescribed by Vehicle and Traffic Law section 238(2), which requires that the notice of violation be served personally upon the operator of a motor vehicle who is present at the time of service or served upon the owner of the motor vehicle if the operator is not present, by affixing such notice to the motor vehicle in a conspicuous place.

(2) Such notice must contain, at a minimum, information on how and when the person may plead guilty or not guilty, the consequences for failure to respond in the manner and time prescribed and be in conformance with the requirements to be specified in section 6180.4 of this Part (to be filed at a later date).

(3) In order to ensure compliance with the second notice requirement set forth in subdivision (c) of this section, all notices of violation issued shall be forwarded to the appropriate bureau or court in a timely manner.

(b)Pleas/response.

The time for pleas and the procedures for entering guilty pleas and for pleading not guilty, whether by mail or in person, shall be as prescribed by each bureau or court.

(c)Failure to plea or respond.

(1) Whenever a person has been issued a notice of violation for a parking violation and has not responded in the manner prescribed, a second notice of the violation shall be provided by the city or bureau to the owner by regular first class mail in accordance with the following time periods:

(i) within 40 days of the issuance of the first notice of violation if the motor vehicle is registered in New York State; or

(ii) within 40 days of the time when the city or bureau receives information on the ownership of the vehicle if the motor vehicle is registered in another state.

(2) The second notice shall include, at a minimum, the following information:

(i) that the owner has 20 days from the issuance of the second notice in which to respond to the notice of violation for a parking violation;

(ii) that failure to respond to the notice of violation for a parking violation may result in the suspension and nonrenewal of the owner's registration;

(iii) that failure to respond to the notice of violation for a parking violation may subject the owner to additional penalties;

(iv) that a failure to respond to the notice of violation for a parking violation shall subject the owner to a default judgment and the additional penalties set forth in paragraph (3) of this subdivision; and

(v) that submission of a plea of guilty or a finding of guilt or liability by a bureau or court to the parking violation makes the owner liable for payment of the stated fine, additional penalties and the $5 mandatory surcharge.

(3) Additional penalties.

(i) The failure to respond to the notice of violation for a parking violation may subject the owner to the additional penalties as provided in the following schedule:

Penalties for Failure to Respond to

A Notice of Parking Violation

Number of Days From Issuance of First Notice of Violation	Penalty in Addition to the Initial Fine and Mandatory Surcharge
A. 1 through 8 days	No Penalty; Liable for Initial Fine plus Mandatory Surcharge
B. 9th day	Mandatory Penalty Equal to Amount of Initial Fine
C. 9 to 50 days	Penalty as Noted in "B," and Permissible Additional Penalty Not to Exceed $10.00
D. 31 to 75 days, if the First Penalty DOES NOT EXCEED $5.00	Penalties as Noted in "B" and "C," and Permissible Additional Penalty Not to Exceed $10.00
E. 75 days or more	Penalties as Noted in "B" and "C," and, if applicable, "D," and Permissible Additional Penalty Not to Exceed $20.00
F. 90 days	Deemed an Admission of Liability; Penalties as noted above

(ii) In order to impose the penalties provided in B, C, D, E and F a city must comply with the second notice requirements set forth in this subdivision.

(4) Default judgments. Nothing in this section is deemed to preclude use of applicable default provisions provided pursuant to Vehicle and Traffic Law section 241(2); such provisions may be used in addition to and in conjunction with the provisions provided hereunder.

(i) When a default judgment, for an amount of the initial fine(s), plus any accrued penalties and the mandatory surcharge shall be entered pursuant to Vehicle and Traffic Law section 235(2)(c), a city shall report such default to the Department of Motor Vehicles in accordance with one of the following:

(a) whenever a person fails to respond to one parking violation notice and four subsequent notices relating to that parking violation issued within a 12-month period; or

(b) whenever a person fails to respond to five separate notices of violation (five separate parking violations) issued within a 12-month period. At a minimum, a person must be provided with a second notice of violation for each parking violation and a final notice that a default judgment is being entered.

A city shall provide notice to the Department of Motor Vehicles specifying which provision, either clause (a) or (b) of this subparagraph, it will be utilizing in entering default judgments in accordance with Vehicle and Traffic Law section 235(2)(c).

(ii) Notice of a default judgment shall be reported to the Department of Motor Vehicles in accordance with procedures established by the Department of Motor Vehicles.

(iii) The notice to the Department of Motor Vehicles shall certify that the owner of the motor vehicle or his or her representative failed to respond to five or more summonses or other process, either five separate notices of violation or one notice of violation and four subsequent notices, regarding parking, stopping or standing violations within a 12-month period. Such notice to the department shall include any information deemed necessary by the Department of Motor Vehicles.

(5) Suspension of motor vehicle registration. Nothing in this section is deemed to preclude the use of other suspension and/or denial of registration or renewal provisions provided in the Vehicle and Traffic Law, such as sections 401 (5-a) and 510 (4-b) of the Vehicle and Traffic Law.

(i) A default judgment entered pursuant to Vehicle and Traffic Law section 235(2)(c) shall result in a suspension of the owner's motor vehicle registration and a bar to renewal of said registration.

(ii) The suspension of the registration shall take effect no less than 30 days from the date the owner of the motor vehicle is given notice of the suspension and the suspension shall remain in effect as long as the notices remain unanswered, or in the case of a bureau, the owner fails to comply with the rules and regulations following the entry of a final decision or decisions.

(iii) If the owner responds to the notice of suspension and satisfies the amounts owed as a result of the default judgment, the bureau or court shall provide prompt, timely notice to the Department of Motor Vehicles that such notices have been answered. Such notice shall be in accordance with procedures established by the Department of Motor Vehicles.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6180.5