2023 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.