When used in this chapter, unless otherwise expressly stated, the following definitions shall apply:
Administrative law judges (ALJ's). "Administrative law judges," or "ALJ's" are persons appointed by the Commissioner to hear and determine charges of parking violations and fix fines and assess penalties as provided in these rules, and when so designated by the Director, be members of the appeals board of the Bureau.
Business Entity. "Business Entity" means a corporation, partnership, organization or other entity engaged in business, but does not include an individual person or persons.
Car Rental Program. "Car Rental Program" means a voluntary enrollment program whereby a lessor, upon registering vehicles and paying fees in accordance with 19 RCNY § 39-11(b), receives computer-generated hearing logs and can schedule hearings in PVB's Consolidated Adjudication Unit.
Commercial Abatement Program. "Commercial Abatement Program" means a voluntary enrollment program whereby Commercial Organizations that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.2, but are not eligible for the Stipulated Fine Program pursuant to 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.2.
Commercial Organization. "Commercial Organization" means any Business Entity that is an owner or lessee of at least one vehicle that is used exclusively for the delivery of goods or services.
Consolidated Adjudication Unit (CAU). “Consolidated Adjudication Unit” or “CAU” means a special purpose hearing part of PVB that adjudicates high volumes of summonses, as determined by the Director, in accordance with the representation procedures set forth in 19 RCNY § 39-09.
Director. Whenever used, the term "Director" shall refer to the head of the Parking Violations Bureau, "the Bureau", appointed by the Commissioner of New York City Department of Finance or other official within the Department of Finance responsible for supervising the operations of the Bureau.
Electronic case folder. “Electronic case folder” or “ECF” means an electronic file folder generated for the adjudication of parking summonses, which may include any summons, evidence, a written defense, the decision and order, and the hearing audio.
Fiscal year. "Fiscal year" means a period of one year commencing on the first day of July and terminating on the thirtieth day of June.
Fleet Program. "Fleet Program" means a voluntary enrollment program whereby Commercial Organizations receive computer-generated hearing logs and can schedule hearings in the Parking Violation Bureau's Consolidated Adjudication Unit pursuant to 19 RCNY § 39-03.
Lessee. "Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time.
Lessor. "Lessor" means any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time. "Lessor" shall be construed to include the "owner," as defined in this 19 RCNY § 39-01, of a vehicle rented or leased in a vehicle renting or leasing business wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time; provided, however, that a lessee of a vehicle shall not be construed to be a lessor even if it is a registrant or co-registrant of a vehicle.
Long-term lease. "Long-term lease" means a lease for a term of one year or more.
Meter number. “Meter number” means, as applicable:
(1) The identification number of a parking meter, as defined in 34 RCNY § 4-01, in circumstances where parking time has been purchased using such a parking meter; or
(2) The applicable zone number included on posted signage or within a mobile payment application for the side of a block where a motor vehicle is parked in on-street or off-street parking areas, in circumstances where a timed receipt is dispensed to be displayed on the dashboard of such vehicle or in a visible and secure place on a motorcycle or parking time has been purchased using an authorized electronic communication device.
Notice of violation (summons). "Notice of violation" shall mean:
(1) A form or duplicate thereof prepared and distributed by the Bureau substantially completed and sworn to or affirmed by authorized issuing agents which shall constitute a notice of violation when served as hereinafter provided.
(2) For purposes of this definition, authorized issuing agents shall be members of the Police Department, Fire Department, Department of Transportation, Traffic Enforcement Agents, Department of Sanitation, the Sheriff, Under Sheriff and Deputy Sheriffs of the Department of Finance's Office of the City Sheriff, Fraud and Associate Fraud Investigators of the Department of Finance, Department of Business Services, Business Integrity Commission, New York City Housing Authority Police, Port Authority of New York and New Jersey Police, Police of the Metropolitan Transportation Authority and its subsidiary authorities, United States Park Police, Department of Buildings Special Patrolmen, State Regional Park Police, Taxi and Limousine Commission, Waterfront Commission of New York Harbor, Department of Parks and Recreation, Department of Correction, Roosevelt Island Security Organization, Sea Gate Association Police, Snug Harbor Rangers with peace officer status, officers of the Co-op City Department of Public Safety, Amtrak Police Officers, Office of Court Administration Court Officers, Department of Health Police Officers, Health and Hospitals Corporation Police Officers, New York State Office of Mental Health Safety Officers, New York State Office of Mental Retardation and Developmental Disabilities Police Officers, Triborough Bridge and Tunnel Authority Police Officers, State University Maritime College Public Safety Officers, Department of Environmental Protection Police Officers, managers of the New York City Transit Authority, and Officers of the Federal Protective Service of the United States Department of Homeland Security.
(3) For purposes of this definition, authorized issuing agents shall also include special patrolmen appointed by the police commissioner pursuant to subdivision (c) of § 14-106 of the Administrative Code of the City of New York to do special duty at Parkchester South Condominium, at the New York City Hunts Point Terminal Market in the borough of the Bronx, Stuyvesant Town in the borough of Manhattan, and various facilities under the jurisdiction of the Department of Citywide Administrative Services.
Operator. Whenever used, the term "operator" means any person, corporation, firm, agency, association or organization that uses, operates or is responsible for a vehicle at the time the violation occurs, with or without the permission of the owner, and an owner who operates his or her or its own vehicle.
Owner. "Owner" means any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation in connection with a vehicle operated in the City of New York:
(1) is the beneficial or equitable owner of such vehicle; or
(2) has the title to such vehicle; or
(3) is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or
(4) used such vehicle in its vehicle renting and/or leasing business; or
(5) is an owner of such vehicle as defined by sections 128 or 2101(a) of the Vehicle and Traffic Law.
Parking violations. "Parking violations" are traffic infractions constituting a violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle.
Parking Violations Bureau (PVB). "Parking Violations Bureau", or “PVB”, is an administrative tribunal in the New York City Department of Finance established to accept pleas to, and to hear and determine charges of traffic infractions relating to parking violations within the City of New York, to provide for monetary fines, penalties and fees for such violations, and to enter and enforce judgments of the Bureau in the same manner as the enforcement of money judgments in civil actions.
Plea of guilty. As used herein, the term "plea of guilty" shall mean an admission of liability.
Plea of not guilty. As used herein, the term "plea of not guilty" shall mean a denial of liability.
Primary filing. "Primary filing" means the initial filing of registration plate numbers by a lessor or Commercial Organization prior to the commencement of each fiscal year.
Respondent. Whenever used, the term "respondent" shall mean the person charged with a parking violation.
Stipulated Fine Program. "Stipulated Fine Program" means a voluntary enrollment program whereby Commercial Organizations that make expeditious pick-ups, deliveries and/or service calls and that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.1.
Supervising and senior administrative law judges. "Supervising and senior administrative law judges" are persons appointed by the Commissioner of Transportation thus far, or appointed by the Commissioner of Finance thus far and from now on, to hear and determine charges of parking violations, assist the Director in the supervision and administration of the work of the Bureau, and when so designated by the Director, be members of the Appeals Board of the Bureau.
(Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024)
(a) Contents.
(1) The notice of violation (summons) shall be in such form as may be prescribed by the Director and shall contain the registration plate number, the type of registration, the state of registration, the date of expiration, a description of the vehicle, a general statement of the violation alleged, including a reference to 34 RCNY § 4-08 or applicable provision of the Vehicle and Traffic Law or of the Administrative Code of the City of New York or any other law or rule, information as to the days and hours the applicable rule or provision is in effect, unless always in effect pursuant to the rule or provision and where appropriate the word "all" when the days and/or hours in effect are every day and/or twenty-four hours a day, the date, time and particular place of occurrence, and, if a meter violation, the meter number. A mere listing of a meter number in cases of charged meter violations shall not be a sufficient description of a particular place of occurrence of the charged violation.
(2) Where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker of a vehicle is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation, provided that such condition is so described and inserted on the notice of violation.
(3) If any information that is required to be inserted in a notice of violation is omitted from the notice of violation, misdescribed, or illegible, the violation shall be dismissed upon application of the person charged with the violation.
(4) The notice of violation (summons) shall also contain information advising the respondent of the manner and time in which a plea with respect to the violation alleged in the said notice may be entered and information warning that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be rendered.
(b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows:
(1) Personally on the operator of a vehicle. In such case, the name, of the person served shall also be inserted in the notice of violation (summons).
(2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served.
(c) Operator as agent for service. The operator of a vehicle who is not the owner thereof but who uses or operates such vehicle with the permission of the owner, express or implied, shall be deemed to be the agent of such owner to receive notice of violation (summons).
(d) Certified copies of notice of violation (summons). The Bureau shall provide, upon request of the respondent or their attorney or authorized agent, certified copies of summonses issued to that respondent. The fee for such certified copies shall be one dollar ($1.00) per copy. The Director may prescribe procedures for application for such copies, and/or the waiving of the aforementioned charge.
(e) (1) Notice of violation (summons) Copies. A respondent is entitled to one request of up to five free summons copies (in judgment or not in judgment). Beginning with copy number 6 in any single request, or any additional requests within thirty days of the previous request, there will be a charge of $1.00 per summons copy.
This rule applies to all respondents, including Commercial Organizations, except as provided in paragraph (2) of this subdivision. Note that the respondent is entitled to only five free copies per request, not per plate.
(2) Indigent respondents. Notwithstanding any other provision of this subdivision, a Senior Administrative Law Judge, a Supervising Administrative Law Judge, the Chief Administrative Law Judge, the Special Counsel for Adjudications, the First Deputy Commissioner of Finance or the Commissioner of Finance may authorize, without fee, the provision of summons copies to which a fee is otherwise applicable under this subdivision, to a respondent who is a natural person for the purpose of defending against a charged parking violation or moving to open a default judgment, upon the respondent making affidavit or sworn statement on the record that the respondent is unable to pay the fee and demonstrating the indigence of the respondent. Such affidavit or sworn statement must also state the reason the copy of each summons that was served at the time of occurrence is unavailable and, in the case of a motion to open default judgment, the basis of excusable neglect.
(Amended City Record 3/13/2024, eff. 4/12/2024)
(a) Prior to enrollment, all unpaid summonses (judgment and non-judgment) on all company plates must be satisfied.
(b) The company's fleet must consist of at least one vehicle.
(c) Plates may be commercial or non-commercial and must be registered with the Department of Motor Vehicles under the company's name and address upon enrollment and all times during enrollment. A vehicle leased by a long-term lease by the company from a lessor that is a Business Entity may be enrolled; provided, however, that if not registered by the company then the lease agreement must be in the name of the company or a subsidiary/parent and the registrant must consent in writing to designate the company as its agent to receive notices of violation, notices of impending default in judgment, and other PVB notices as if the registrant itself had been served. At PVB's request, the company must supply copies of the registrations, lease agreements and other information. Failure to meet these requirements may result in the deletion of plates and/or termination of the company's enrollment in the Fleet Program without prior notice.
(d) Plates to be registered with the Fleet Program cannot be registered with the PVB Car Rental Program at the same time.
(e) The company is liable for any summonses issued to plates it has enrolled in the Fleet Program, including summonses issued during enrollment to leased vehicles not registered by the company.
(f) (1) Within 60 days from the Department of Finance system entry date for the summons, the company must pay the fine for each summons it does not contest. If the company wishes to contest a summons at an in-person or a virtual contemporaneous videographic hearing, within 60 days from the Department of Finance system entry date for the summons the company must:
(i) request a hearing, in accordance with 19 RCNY § 39-08; and
(ii) submit its evidence prior to such hearing.
(2) If such company does not submit its evidence prior to such in-person or a virtual contemporaneous videographic hearing, as applicable, within that 60 day period or if such company does not appear at a hearing scheduled by the Department of Finance and such 60 day period expires, such hearing may be conducted without the presence of the company or its representative, broker or employee.
(g) Continual and excessive adjournment requests may constitute cause for disenrollment from the PVB Fleet Program. If a hearing adjournment is granted and marked "final" by PVB, no further adjournments will be granted except for extraordinary circumstances.
(h) The company is required to request any microfilm summons copies it may need through the PVB Fleet Unit in a prompt manner so as to prevent untimeliness or adjournment requests.
(i) As an alternative to requesting an in-person hearing, a company may enter an appearance within 14 days after the Department of Finance system entry date for the summons and thereafter either pay the fine for each summons it does not contest or submit its evidence to obtain a mail adjudication within 60 days after the Department of Finance system entry date for the summons.
(j) Post office box numbers may not be used as the business address. Companies with such business addresses will not be enrolled.
(k) On an annual basis, the company must provide PVB with verification, in such form as PVB shall prescribe, that the information on enrolled plates is correct and complete.
(l) The company is required to file a termination form within thirty days after an enrolled plate is disenrolled from the PVB Fleet Program. The company's liability under subparagraph (e) for summonses issued after the date of disenrollment shall cease upon the date the termination form is filed at PVB, unless the company is otherwise liable for such summonses.
(m) Failure to satisfy summonses that enter judgment status, where such judgment(s) total in the aggregate, including interest, more than $350, or comply with the procedural requirements of this 19 RCNY § 39-03, will result in termination of the company's enrollment in the Fleet Program.
(n) Fee for Fleet Program Enrollment. The annual non-refundable fee for enrollment in the Fleet Program is $1.50 per plate.
(o) A company may enroll in the Fleet Program only by executing an enrollment agreement using a form or in a format established by the Commissioner of Finance.
(p) Penalties for failure to pay the fine amount for each summons the company does not contest in a timely manner. Notwithstanding any other provision of this chapter:
(1) the failure to pay the fine amount for each summons the company does not contest within 60 days after the Department of Finance system entry date for such summons will result in a penalty of $10.00;
(2) the continued failure to pay the summons fine amount for an additional 30 days beyond the period stated in paragraph (1) of this subdivision will result in a further penalty of $20.00 in addition to the penalty provided in paragraph (1) of this subdivision;
(3) the continued failure to pay the summons fine amount for an additional 45 days beyond the period stated in paragraph (2) of this subdivision will result in a further penalty of $30.00 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision; and
(4) the continued failure to pay the summons fine amount for an additional 7 days beyond the period stated in paragraph (3) of this subdivision will result in the entry of a judgment against the owner in the fine amount as provided in 19 RCNY § 39-05 plus the penalties provided in paragraphs (1), (2) and (3) of this subdivision.
The penalties set forth in subdivision (a) of 19 RCNY § 39-07 shall not apply to any company subject to this subdivision.
(Amended City Record 3/13/2024, eff. 4/12/2024)
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