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(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)
(a) Agreement; waiver of right to contest notices of violation. Notwithstanding any inconsistent provision of 19 RCNY § 39-05, the Commissioner of Finance may enter into agreements with the owners of vehicles with commercial plates enrolled in the Fleet Program for the payment of stipulated fines in accordance with a reduced fine schedule for parking violations set forth in the agreement ("stipulated fine amounts"). Such stipulated fine amounts shall not apply to enrolled vehicles unless the owner of such vehicles enters into a written agreement with the Commissioner, in advance, in which the owner agrees to waive the right to contest all notices of violation issued against such owner's enrolled vehicles during a stated period of time and to pay the stipulated fine amounts for all such violations. This waiver includes any right to challenge or otherwise contest any such summonses that have become due and payable at the unreduced full amount pursuant to the enforcement provisions set forth in the agreement and in subdivision (e) of this section.
(b) Eligibility for Stipulated Fine Program. To be eligible for the Stipulated Fine Program, the owner must own or lease one or more commercial vehicles enrolled in the Fleet Program that make expeditious pick-ups, deliveries and/or service calls.
(c) Failure to pay fines. The agreement described in subdivision (a) of this section shall further provide that if the owner fails to satisfy summonses that enter judgment status, where such judgment(s) total in the aggregate, including interest, more than $350: (1) such summonses shall be subject to enforcement action pursuant to the provisions of this title and applicable law, including but not limited to the imposition of all fines and penalties provided for in subdivision (e) of this section; (2) the owner will be removed from the Stipulated Fine Program and Fleet Program; and (3) the agreement will be null and void with respect to all future summonses, and future summonses will be subject to the penalties provided in 19 RCNY § 39-07 to the same extent and in the same manner as if such agreement had not been in effect.
(d) Discretion of Commissioner. Enrollment in this program shall be voluntary and shall be subject to termination at the discretion of the Commissioner. This program shall be established and shall remain in effect at the pleasure of the Commissioner.
(e) Penalties for failure to pay stipulated fine amounts in a timely manner. Notwithstanding any other provision of this chapter:
(1) The failure to pay the stipulated fine amount within 45 days after the Department of Finance system entry date for the summons will result in a penalty of $10.00.
(2) The continued failure to pay the stipulated fine amount for an additional 45 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 stipulated 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 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision.
(4) The continued failure to pay the stipulated 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 original unreduced fine amount as provided in 19 RCNY § 39-05, plus the penalties provided in paragraphs (1), (2) and (3) of this subdivision.
(a) Agreement; waiver of right to contest notices of violation. Notwithstanding any inconsistent provision of 19 RCNY § 39-05, the Commissioner of Finance may enter into agreements with the owners of vehicles with commercial plates enrolled in the Fleet Program that are not eligible for the Stipulated Fine Program under 19 RCNY § 39-03.1, for the payment of fines in accordance with a reduced fine schedule for parking violations set forth in the agreement ("commercial abatement fine amounts"). Such commercial abatement fine amounts will not apply to enrolled vehicles unless the owner of such vehicles enters into a written agreement with the Commissioner, in advance, in which the owner agrees to waive the right to contest all notices of violation issued against such owner's enrolled vehicles during a stated period of time and to pay the commercial abatement fine amounts for all such violations. This waiver includes any right to challenge or otherwise contest any such violations that have become due and payable at the unreduced full amount pursuant to the enforcement provisions set forth in the agreement and in subdivision (d) of this section.
(b) Failure to pay fines. The agreement described in subdivision (a) of this section shall further provide that if the owner fails to satisfy summonses that enter judgment status, where such judgment(s) total in the aggregate, including interest, more than $350: (1) such summonses will be subject to enforcement action pursuant to the provisions of this title and applicable law, including but not limited to the imposition of all fines and penalties provided for in subdivision (d) of this section; (2) the owner will be removed from the Commercial Abatement Program and Fleet Program; and (3) the agreement will be null and void with respect to all future summonses, and future summonses will be subject to the penalties provided in 19 RCNY § 39-07 to the same extent and in the same manner as if such agreement had not been in effect.
(c) Discretion of Commissioner. Enrollment in this program is voluntary and will be subject to termination at the discretion of the Commissioner. This program is established and will remain in effect at the pleasure of the Commissioner.
(d) Penalties for failure to pay commercial abatement fine amounts in a timely manner. Notwithstanding any other provision of this chapter:
(1) The failure to pay the commercial abatement fine amount within 45 days after the Department of Finance system entry date for the summons will result in a penalty of $10.00.
(2) The continued failure to pay the commercial abatement fine amount for an additional 45 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 commercial abatement 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 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision.
(4) The continued failure to pay the commercial abatement 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 original unreduced fine amount as provided in 19 RCNY § 39-05 plus the penalties provided in paragraphs (1), (2) and (3) of this subdivision.
(a) Entry of plea.
(1) A plea shall be entered within thirty days after service of the notice of violation (summons).
(2) A plea may be entered in person or by representative at any business center listed in 19 RCNY § 39-08(a), by ordinary mail, through a website maintained or controlled by the Department, or by any other electronic medium as determined by the Director.
(3) The Bureau shall not reject any plea entered by mail if received by the Bureau within thirty days after service of the notice of violation (summons).
(b) Submission of pleas; completion of plea form. Pleas entered by the respondent must be made by:
(1) Submitting the desired plea on the plea form on paper, through a website maintained or controlled by the Department or on any other electronic medium as determined by the Director;
(2) Submitting their name and address in the space provided on the plea form on paper, through a website maintained or controlled by the Department or on any other electronic medium as determined by the Director;
(3) Signing the plea form; and
(4) Mailing, submitting or uploading the completed plea form, by appropriate form of mail or electronic submission, to the mailing or electronic address or website stated on the notice of violation (summons).
(c) Pleas of guilty; payment. Pleas of guilty must be accompanied by a check, money order, or other form of payment, electronic or otherwise, as prescribed by the Director, for the payment in full of the scheduled fines as listed in 19 RCNY § 39-05 and 19 RCNY § 39-06 and the penalties as listed in 19 RCNY § 39-07.
(d) Pleas requesting hearings.
(1) A respondent pleading not guilty may request a hearing.
(2) If a plea of not guilty is made in person, an immediate hearing may be had on request of the respondent, if convenient to the Bureau.
(3) The Bureau reserves the right to set a date, time and place of hearing different from that selected by the respondent.
(e) [Reserved.]
(Amended City Record 3/13/2024, eff. 4/12/2024)
Scheduled fines. The following schedule of fines shall apply to violations listed below:
Violation | |
(a) Stopping, standing or parking where stopping is prohibited, unless otherwise specifically enumerated in this schedule | $100.00 |
(b) Standing or parking where standing is prohibited, unless specifically enumerated in this schedule | $100.00 |
(c) Parking where parking is prohibited, unless otherwise specifically enumerated in this schedule | $30.00 |
(d) Stopping, standing or parking in violation of 34 RCNY § 4-08(e)(6) | $80.00 |
(e) Stopping, standing or parking in violation of 34 RCNY § 4-08(e)(11) | $50.00 |
(f) Standing or parking in violation of 34 RCNY § 4-08(c)(4), (c)(8), (f)(2), (3), (5), or (k)(2) | $80.00 |
(g) Standing or parking in violation of 34 RCNY § 4-08(j) | $50.00 |
(h) Standing or parking of unaltered vehicle with commercial plates in violation of 34 RCNY § 4-08(k)(1) | $100.00 |
(i) Standing or parking of vehicle with commercial plates without the name and address of the owner properly marked on the vehicle in violation of 34 RCNY § 4-08(k)(1)
| $100.00 |
(j) Parking in violation of 34 RCNY § 4-08(n)(8) | $30.00 |
(k) All parking meter violations | $20.00 |
(l) All parking violations concerning parking permits for people with disabilities
| $150.00 |
(m) Parking a commercial vehicle in violation of 34 RCNY § 4-08(k)(5) or (6), unless otherwise specifically enumerated in this schedule | $50.00 |
(n) Parking a commercial vehicle that is a tractor-trailer combination, tractor, truck trailer or semi-trailer in violation of 34 RCNY § 4-08(k)(6) | |
First offense | $250.00 |
Any subsequent offense within a six month period | $500.00 |
(o) Parking in violation of officially posted street cleaning rules, unless such rules have been suspended by the Commissioner of Transportation or their designee
| $50.00 |
(p) Parking where parking is prohibited by officially posted rule other than street cleaning rules | $45.00 |
(q) Obstructing traffic at an intersection in violation of 34 RCNY § 4-08(e)(12) | $100.00 |
(r) Idling an engine in violation of 34 RCNY 4-08(p) | $100.00 |
(s) Unauthorized passenger pickup or discharge in violation of 34 RCNY § 4-10(c)(1) | $500.00 |
(t) Failure of an intercity bus to prominently display a copy of an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(ii) | $500.00 |
(u) Failure of an intercity bus to properly display the operator's name, address and telephone number in violation of 34 RCNY § 4-10(d)(7)(iii) | $500.00 |
(v) Stopping or standing by an intercity bus in its assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers in violation of 34 RCNY § 4-10(d)(7)(v) | $500.00 |
(w) Altering an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(vi) | $500.00 |
(x) Misuse and fraudulent use of a parking permit in violation of 34 RCNY § 4-08(o)(3)(iv)
| $50.00 |
As used in this section, the term "Restricted Area" means all of Manhattan south of the building line on the north side of 96th Street, and between the Hudson River and the East River. Within the Restricted Area, the fine for violations enumerated in paragraphs (c), (k) and (p) is $50.00 and for paragraph (j) the fine is $45.00.
Fines following a hearing.
(a) For persons found guilty after a hearing, a fine may be fixed by the administrative law judge in an amount not to exceed that indicated in the foregoing schedule of fines.
(b) Upon any finding of liability for a parking violation, the Parking Violations Bureau shall levy such mandatory surcharge as may be imposed by law in addition to any other fine or penalty otherwise permitted or required by this chapter.
(c) [Repealed.]
(Amended City Record 7/2/2018, eff. 8/1/2018; amended City Record 5/13/2019, eff. 6/12/2019; amended City Record 8/1/2019, eff. 8/31/2019; amended City Record 1/21/2020, eff. 2/20/2020; amended City Record 3/13/2024, eff. 4/12/2024)
When a civil emergency other than a snow emergency affecting traffic conditions within the City of New York has been declared by the Governor of the State of New York or the Mayor or Police Commissioner of the City of New York and which, upon request, has been confirmed by order of the Transportation Commissioner or Deputy Commissioner of Traffic, the fine of $50.00 shall become effective for all violations of a rule prohibiting parking, and the fine of $100.00 shall become effective for all violations of a rule prohibiting stopping or standing, twenty-four hours after the adoption of the order of the Transportation Commissioner or Deputy Commissioner and shall apply to all notices of violation for such violations issued during the emergency.
(a) Additional penalties. Additional penalties may be assessed against the respondent for failure to plead or appear pursuant to these rules, or having appeared for a hearing, failing to make payment assessed thereat. The additional penalties shall be assessed according to the following schedule; provided, however, that if a respondent makes a plea or appears within 20 days after the Bureau mails a notice of violation to the owner pursuant to Vehicle and Traffic Law § 235(2)(a) or prior to such mailing, the additional penalties which may be imposed pursuant to paragraphs (1), (2) and (3) of this subdivision shall not exceed the amount set forth in paragraph (1):
(1) Upon entry of a plea more than 30 days after date of summons . . . an additional penalty in an amount of $10.00. Payment of the base fine that is received no later than 7 days after the Department of Finance has sent a notice of an additional penalty described by this paragraph (1) will be deemed payment in full of the violation, but no additional penalty described by this paragraph (1) that is paid following the aforementioned 30 day period will be refunded.
(2) Upon entry of a plea more than 45 but less than 76 days after date of summons . . . penalty as noted in paragraph (1) and additional penalty of $20.00.
(3) Upon entry of a plea more than 75 days after date of summons or upon entry of default, final determination or judgment . . . penalties as noted in paragraphs (1) and (2) and additional penalty of $30.00.
(4) Upon failure to either pay in full within 7 days, the amount of fine and penalties fixed by an administrative law judge after a determination sustaining the charges, or otherwise comply with the provisions of 19 RCNY § 39-12, the scheduled fine amount shall be restored and additional penalties shall become due in accordance with the amounts set forth in paragraphs (1), (2) and (3) of this subdivision as if there had been no plea or appearance.
(b) Abatement of penalties. Upon a showing of good cause, made by the respondent under oath or on affirmation, any additional penalty assessed against such respondent may be abated in whole or in part. Procedures for such abatement may be fixed by the Director.
(c) Lessors.
(d) Vehicle release penalties. For non-payment of a vehicle release penalty pursuant to 34 RCNY § 4-08(a)(9), the Parking Violations Bureau may assess additional penalties in the same manner and in the same amounts as set forth in subdivision (a) of this section.
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