NY Veh & Traf L § 238 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 238 - Notice of Violation.

§ 238. Notice  of  violation. 1. The notice of violation shall contain information advising the person charged of the manner and  the  time  in which  he may plead either guilty or not guilty to the violation alleged in the notice. Such notice of violation shall also contain a warning  to advise  the  person charged that failure to plead in the manner and time provided shall be deemed an admission of liability and  that  a  default judgment  may  be entered thereon. The form and wording of the notice of violation shall be prescribed by  the  director.  A  duplicate  of  each notice  of violation shall be served on the person charged in the manner hereinafter provided. The original or a facsimile thereof shall be filed and retained by the bureau, and shall be deemed a  record  kept  in  the ordinary  course  of  business, and shall be prima facie evidence of the facts contained therein.   2. A notice of violation shall be served personally upon the  operator of  a motor vehicle who is present at the time of service, and his name, together with the plate designation and the plate type as shown  by  the registration plates of said vehicle and the expiration date; the make or model,  and  body  type  of  said  vehicle; a description of the charged violation, including but not limited to a reference  to  the  applicable traffic  rule  or  provision of this chapter; information as to the days and hours the applicable rule or provision of this chapter is in effect, unless always in effect pursuant to  rule  or  this  chapter  and  where appropriate  the  word  ALL  when  the  days  and/or hours in effect are everyday and/or twenty-four hours a day; the meter number  for  a  meter violation, where appropriate; and the date, time and particular place of occurrence  of  the charged violation, shall be inserted therein. A mere listing of a meter number in cases of charged meter violations shall not be deemed to constitute a sufficient description of a  particular  place of  occurrence for purposes of this subdivision. The notice of violation shall be served upon the owner of the motor vehicle if the  operator  is not  present,  by  affixing such notice to said vehicle in a conspicuous place. Whenever such notice is so affixed, in lieu of inserting the name of the person charged with the violation in the space provided  for  the identification  of  said person, the words "owner of the vehicle bearing license" may be inserted to be followed by  the  plate  designation  and plate  type as shown by the registration plates of said vehicle together with the expiration date; the make or  model,  and  body  type  of  said vehicle;  a  description  of  the  charged  violation, including but not limited to a reference to the applicable traffic rule  or  provision  of this  chapter;  information as to the days and hours the applicable rule or provision of this chapter  is  in  effect  unless  always  in  effect pursuant to rule or this chapter 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  meter number for a meter violation where appropriate; and the date, time and particular place of occurrence of the charged  violation. Service of the notice of violation, or a duplicate thereof by affixation as  herein  provided  shall  have the same force and effect and shall be subject to the same penalties for disregard thereof as though  the  same was  personally  served  with  the  name  of the person charged with the violation inserted therein.   2-a. (a) Notwithstanding any inconsistent provision of subdivision two of this section, 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 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, however, such condition must  be so described and inserted on the notice of violation.  (b) If any information which is required to be inserted on 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.  (c)  (i)  A  determination dismissing a charged parking violation that has  been  procured  due  to  the  knowing   fraud,   false   testimony, misrepresentation,  or  other misconduct, or the knowing alteration of a notice of parking violation, by the person so  charged  or  his  or  her agent,  employee,  or  representative  may  be  set  aside  by a hearing examiner as hereinafter provided.  (ii) Notice shall be served on the owner by mail  to  the  last  known registered  address  within  two  years  of  the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the  dismissal  was  procured  due  to  the  knowing  fraud,  false testimony,  misrepresentation,  or  other  misconduct,  or  the  knowing alteration of a notice of parking violation, by the person so charged or his or her agent, employee, or representative. Such notice shall  fix  a time  when  and  place  where  a  hearing shall be held before a hearing examiner to determine whether or not  dismissal  of  a  charged  parking violation  shall be set aside. Such notice shall set forth the basis for setting aside the dismissal and advise the owner that failure to  appear at  the  date  and  time  indicated  in  such  notice shall be deemed an admission of liability and shall result in  the  setting  aside  of  the dismissal and entry of a determination on the charged parking violation. Such  notice  shall  also  contain a warning that civil penalties may be imposed for the violation pursuant to this paragraph and that a  default judgment may be entered thereon.  (iii)  Upon  a  finding  by a hearing examiner that the dismissal of a charged parking violation has been procured due to  the  knowing  fraud, false  testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or his or her agent, employee, or representative, the  dismissal  shall  be set  aside  and a determination may be rendered against the owner on the charged parking violation. The  hearing  examiner  may  impose  monetary penalties  for  the  charged  parking violation of up to three times the scheduled  fine  for  the  violation  and  three  times  the  additional penalties  that  may  be  imposed  for failure to respond to a notice of violation pursuant to section two hundred thirty-five of  this  article. For purposes of determining the amount of such additional penalties, the hearing  examiner  shall  disregard the plea that procured the dismissal that has been set aside and shall calculate such penalties as  if  there had  been  no  plea  or  appearance in the proceeding. In any proceeding under this  paragraph  to  set  aside  a  determination  and  to  impose penalties  for  the violation, it shall not be necessary for the hearing examiner to find that the owner personally committed the  unlawful  acts that procured the dismissal of the violation.  (iv)  Failure  to  appear  at a hearing in response to a notice issued pursuant to this paragraph  shall  be  deemed  to  be  an  admission  of liability for the charged parking violation as set forth in the original notice  of  violation  and a default judgment may be entered against the owner in the maximum amount set forth  in  subparagraph  (iii)  of  this paragraph.  (v)  Notwithstanding any inconsistent provision of section two hundred forty-one of this article, a default judgment may be entered pursuant to this paragraph more than two years after  the  expiration  of  the  time prescribed  for entering a plea or contesting an allegation, but no more than two years of the time that the enforcing  authority  discovers,  or could  with reasonable diligence have discovered, that the dismissal was  procured due to the knowing fraud, false  testimony,  misrepresentation, or  other  misconduct,  or the knowing alteration of a notice of parking violation.   3.  For  purposes of this section, an 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 notices of violation, whether  personally served on such operator or served by affixation in the manner aforesaid, and  service  made  in  either  manner  as herein provided shall also be deemed to be lawful service upon such owner.