reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.6 - Civil penalty and restitution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner, or any person deputized by him, in addition to or in lieu of
				  revoking or suspending the certificate of registration of a registrant in
				  accordance with the provisions of the act or this Part, or upon finding that a
				  registrant has been grossly negligent in the performance of any repair or
				  adjustment covered by the act or this Part, or has grossly overcharged for such
				  repair or adjustment, may in any one proceeding by order require the registrant
				  to pay to the People of this State a penalty for a first violation in a sum not
				  exceeding $750 for each violation found to have been committed, and for a
				  second or subsequent violation not arising out of the same incident both of
				  which were committed within a period of 30 months, be a civil penalty of not
				  more than $1,000 for each violation found to have been committed; provided,
				  however, the penalty for each and any violation of paragraph (g) of subdivision
				  one of section 398-e  of the Vehicle and Traffic Law found
				  to have been committed shall be no less than $350 and no more than $1,000,
				  except that if a finding of financial loss is made pursuant to subdivision (b)
				  of this section, the amount of such penalty may be increased by the amount of
				  financial loss so found. Upon the failure of such registrant to pay such
				  penalty within 30 days after the mailing of such order, postage prepaid,
				  registered, and addressed to the last known place of business of such
				  registrant, the commissioner may revoke the certificate of registration of such
				  registrant or may suspend the same for such period as he may determine without
				  further proceedings.
(b) Upon a
				  determination that a registrant has done or failed to do any act for which
				  suspension of the registrant's registration or a civil penalty against the
				  registrant could be imposed, the person making such determination may make a
				  finding of financial loss to any complainant or complainants resulting from the
				  actions of the registrant. The person making such finding may provide that if
				  the registrant makes restitution to the complainant or complainants for the
				  amount or amounts so found, the payment of such restitution may be substituted
				  in lieu of any suspension or civil penalty, or a specified portion thereof
				  imposed upon the registrant. However, a finding of financial loss shall only be
				  made if the complainant:
(1) agrees to accept
				  the amount so found, if offered by the registrant; and
(2) is not a party to any litigation which is
				  pending or which has gone to judgment in relation to the same matter in any
				  civil court.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.7 - Signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Commissioner of Motor Vehicles shall furnish an official indoor repair shop
				  sign. Every registered repair shop, except those which are registered as repair
				  shops solely to perform appraisal work in connection with insurance, shall post
				  this sign indoors in a place where customers are likely to see it.
(1) If the repair shop has no indoor
				  facilities, the sign shall be posted outdoors. The repair shop shall take
				  appropriate steps to protect the sign from the elements.
(2) A mobile unit shall have the official
				  indoor repair shop sign firmly affixed to the mobile unit in such a manner that
				  it is visible to pedestrians.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.8 - Charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Written
				  estimates must indicate the hourly labor charge and how it is computed, i.e.,
				  by clock hours or flat rate. If flat rate, the manual used must be specified.
				  However, a repair shop may utilize a job rate which covers both labor and parts
				  on mechanical and electrical repairs costing less than $200. When a job rate is
				  used, a list of parts must be included in the estimate and invoice. A job rate
				  may not be used for body repair work.
(b) If flat rate time is used the consumer
				  shall be shown relevant time rates as listed in the manual, on
				  request.
(c)
(1) A customer may not be charged for storage
				  unless notice in writing is given. Notice may be given by a statement on an
				  estimate or other document given the customer, by letter or by other written
				  means which gives the customer actual notice.
(2) Storage may not be charged during the
				  period from which the customer has authorized repairs to one business day after
				  the repair shop has notified the customer to pick up the repaired
				  vehicle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.9 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each motor
				  vehicle repair shop shall maintain copies of estimates, work orders, invoices,
				  parts purchase orders and appraisals prepared by that repair shop. Such copies
				  shall be kept for two years and shall be available for inspection by the
				  commissioner or his designee during all business hours.
(b) A repair shop which removes or installs
				  inflatable restraint systems shall maintain a bound log book to account for
				  inflatable restraint repairs containing:
(1)
				  Repaired vehicle information:
(i) date of
				  installation;
(ii) vehicle
				  identification number (VIN);
(iii)
				  registration plate number;
(iv)
				  make;
(v) model; and
(vi) replacement inflatable restraint's part
				  number.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.10 - Consumer complaints

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner will accept complaints against a repair
					 shop up to 90 days or 3,000 miles after completion of the repairs, whichever
					 comes first. All complaints that are signed shall be reviewed or investigated
					 except those that fall outside the jurisdiction of the act. The commissioner
					 may assist in settlement of disputes between the repair shop and the
					 complainant. If a settlement is reached, a report of the facts shall be
					 included in the registrant's record. A settlement shall not act to bar the
					 commissioner from proceeding to a hearing to investigate alleged violations of
					 the act or these regulations.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.11 - Local law and ordinances

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of the act and this Part shall be applicable
					 and uniform throughout this State and in all political subdivisions and
					 municipalities therein, and no local authority shall enact or enforce any local
					 law, ordinance, order, rule or regulation in conflict with the provisions of
					 the act, or this Part, nor shall any local authority enact or duplicate any
					 provisions of the act, or this Part as a local law, ordinance, order, rule or
					 regulation. The act and this Part do not supersede any local laws or ordinances
					 in other fields such as zoning and fire safety. The issuance of a registration
					 to a repair shop indicates that the repair shop has complied with the
					 registration requirements of the act. No refunds of any fees will be made to a
					 registrant who is forced to terminate business or move to another location
					 because of noncompliance with local laws or ordinances in those fields not
					 covered by the act. The enforcement of local laws and ordinances is the
					 responsibility of the local municipality.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.12 - Change of ownership, name or location

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If an individual owner of a registered
				  repair shop dies or is adjudged mentally incompetent, his estate or his
				  committee may carry on the business. Notification to the commissioner must be
				  made within 30 days.
(b) If a
				  certificate of registration shall be issued in the names of two or more persons
				  as partners and a change occurs in the membership of such partnership, the
				  certificates of registration shall not expire thereupon so long as any one of
				  the persons named in such certificate is a member of the partnership or carries
				  on the business of the partnership as a surviving member of the partnership;
				  provided, however, that when any such change occurs and the certificate of
				  registration does not expire, the partners or surviving member after such
				  change shall forthwith file with the commissioner (1) a statement regarding the
				  change indicating who is carrying on the business, or, where the change
				  involves the addition of one or more new partners, (2) a new application as
				  provided, together with a fee of $5. Such new certificate of registration shall
				  expire on the expiration date of the one replaced. Notification to the
				  commissioner must be made within 30 days.
(c) A corporation shall notify the
				  commissioner of any change in its officers, stockholders who hold more than 10
				  percent of the outstanding shares, or directors. Notification to the
				  commissioner must be made within 30 days.
(d) When a motor vehicle repair shop changes
				  its location, notification thereof shall be given to the commissioner not more
				  than 30 days therefrom.
(e) If the
				  business name of a registered repair shop is changed, or if the owners of a
				  registered repair shop incorporate such business, but the change of name or
				  incorporation creates no change in the actual ownership and operation of said
				  repair shop, notification shall be given to the commissioner not more than 30
				  days therefrom. The commissioner shall treat such change of name or
				  incorporation as an amendment and charge a filing fee of $5. Any change of name
				  or incorporation which changes the ownership or operation of a repair shop
				  shall be considered as a new repair shop and all requirements of a new repair
				  shop shall be met.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.13 - Quality repairs, repair shop standards, subcontractors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A repair shop shall perform quality
				  repairs. Quality repairs are those repairs held by those having knowledge and
				  expertise in the automotive field to be necessary to bring a motor vehicle to
				  its premalfunction or predamage condition.
(b) A repair shop shall have adequate
				  equipment, adequate facilities and personnel competent to perform the services
				  it offers.
(c) A repair shop shall
				  be responsible for work it subcontracts to others.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.14 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An aggrieved
				  party may request a hearing if an application for a certificate of registration
				  has been denied. The request must be in writing and must be made within 30 days
				  after the applicant is notified of such denial. Any request filed after the
				  30-day deadline shall not be considered.
(b)
(1) A
				  certificate of registration may be suspended or revoked, a civil penalty
				  imposed, or a determination of gross overcharging or gross negligence may be
				  made, or any combination thereof, at a hearing before a hearing officer
				  appointed by the commissioner. If the registrant does not appear at a hearing,
				  the provisions of section
				  127.8 
				  of this Title shall apply.
(2) An
				  adjournment of a hearing may be granted in accordance with the provisions of
				  section
				  127.7  of
				  this Title.
(3) The hearing shall
				  be held at a time and place designated by the commissioner.
(4) A record of the hearing shall be made
				  either stenographically or by mechanical recording.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.15 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An appeal from
				  a decision of a hearing officer shall be made to the review board appointed
				  pursuant to the act and section
				  82.16  of
				  this Part. A suspension pending appearance at a hearing shall not be
				  appealable.
(b) An appeal shall be
				  accompanied by a nonrefundable $10 appeal filing fee. No appeal shall be deemed
				  filed if the required fee has not been paid.
(c) An appeal must be filed on a form
				  prescribed by the commissioner within 60 days after written notice of the
				  determination being appealed from has been mailed to the aggrieved party. No
				  appeal will be considered if it is not timely filed. Forms for processing an
				  appeal may be obtained from the Division of Vehicle Safety.
(d)
(1) The
				  appellant has the option of having the transcript of the hearing reviewed as a
				  part of the appeal proceeding. If the appellant desires to have the transcript
				  reviewed, he must so indicate on the appeal form and he must also submit the
				  transcript as prescribed in this section. The transcript shall not be reviewed
				  if the appellant fails to indicate on the appeal form that the transcript
				  should be reviewed or if the appellant does not file the transcript in the time
				  required by paragraph (3) of this subdivision.
(2) Transcripts can only be obtained from the
				  agency which holds the contract for the transcription of hearings held by the
				  Department of Motor Vehicles. The cost of such transcript, which is payable by
				  the appellant, shall be the price for such transcripts as contained in the
				  contract between the department and the independent contractor.
(3) A transcript will be considered to have
				  been submitted in timely fashion if it is physically submitted to the review
				  board, or if proof that the transcript has been ordered is submitted to the
				  review board not later than 60 days from the date after written notice was
				  given of the determination appealed from or 30 days after the board has mailed
				  an acknowledgment of receipt of the appeal with instructions for ordering the
				  transcript, whichever is later, excluding the date of determination. Proof that
				  the transcript has been ordered shall consist of acknowledgment of receipt of
				  such order by the contractor.
(4)
				  If a request for review of the transcript is made and the transcript is not
				  submitted in timely fashion in accordance with paragraph (3) of this
				  subdivision, the appeal will be deemed untimely and will not be considered.
				  However, upon written notice made within 45 days from the date after written
				  notice is given of the determination appealed from, excluding the date of the
				  determination, a request for review with a transcript can be amended to a
				  request for review without a transcript.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.16 - Review board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner shall establish a review board. Such board shall consist of
				  persons who have engaged in the automotive repair shop business for at least
				  five years representing the automobile repair shop industry, persons who shall
				  be laymen having no association with the automotive repair shop industry
				  representing consumers, and persons who are attorneys admitted to practice in
				  this State and who have no interest in or represent as an attorney an
				  automotive repair shop. Members of the review board shall be appointed insofar
				  as is practical to provide for representation of different geographic areas of
				  the State, and shall serve in no other capacity in the Department of Motor
				  Vehicles. The number of persons appointed to such review board shall be
				  determined by the commissioner and shall be appointed to serve at his pleasure.
				  Three persons, one of whom shall be an automotive repair shop industry
				  representative, one of whom shall be a consumer representative, and one of whom
				  shall be an attorney appointed pursuant to the provisions of this subdivision,
				  shall as a panel review each appeal from a determination of the hearing
				  officer. Such attorney shall serve as the chairman of such panel with respect
				  to any such review. At least two votes shall be required to take final action
				  on each appeal.
(b) The review
				  board shall review and determine all appeals. Such determination may be to
				  affirm, reverse or modify the initial determination of the hearing officer or
				  to remand the case for a further hearing to determine additional
				  facts.
(c) The review board shall
				  render its decision as promptly as possible.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.17 - Unregistered, suspended or revoked repair shops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any allegation that a person has operated
				  a repair shop without being registered, or while the registration is suspended
				  or revoked shall be determined by the commissioner or his designee pursuant to
				  section
				  82.14  of this
				  Part. The commissioner shall bring charges of unregistered, suspended or
				  revoked operation within two years of the date of the alleged
				  occurrence.
(b) Except as provided
				  in subdivision (c) of this section, any person who operates a repair shop
				  without being registered shall be required to pay to the people of this State a
				  civil penalty in the sum of $1,000. However, any such person against whom such
				  penalty has been assessed may avoid all but $500 of such penalty by obtaining a
				  registration as required by this Part, provided that application for such
				  registration is made not more than 10 days after the imposition of such
				  penalty.
(c)
(1) Any person who operates a repair shop
				  while his repair shop registration is revoked or suspended, shall pay to the
				  people of this State a civil penalty in the sum of $1,000. Such civil penalty
				  may not be avoided.
(2) Any person
				  who operates a repair shop without being registered and who has previously had
				  a civil penalty assessed for unregistered operation shall pay to the people of
				  this State a civil penalty in the sum of $1,000. Such civil penalty may not be
				  avoided.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.18 - Insurers and repair shops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  insurance company has a right to inspect the repaired motor vehicle. Such right
				  of inspection shall also include the right to inspect all replaced parts and
				  components thereof, except warranty or exchange parts. The exception for
				  warranty or exchange parts from the right to inspect shall not apply to
				  replacement inflatable restraint systems. The insurer shall also have the right
				  to take possession of a deployed inflatable restraint system (air
				  bag).
(b) As required by section
				  3411(i) of the New York State Insurance Law, a repair shop shall complete its
				  portion of a "Certification of Automobile Repair," Insurance Department form
				  NYS APD form 1-a, when requested to do so by an insurance company.
(c) No repair shop shall provide a form to a
				  customer which, when signed, allows the repair shop or its employee to act as
				  the customer's designated representative in negotiating a loss with an
				  insurance company if the form serves a second purpose as well. Specifically, a
				  form to act as a designated representative may not be combined with an
				  estimate, authorization to repair or authorization to tow.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter F - BUSINESSES REQUIRING LICENSES › Part 82 - Motor Vehicle Repair Shops › Section 82.19 - Consumers and repair shops

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  consumer has a right to inspect his vehicle before paying for repair work. The
				  inspection must be on the premises of the repair shop.
(b) Nothing in this Chapter shall be
				  construed as allowing a consumer to remove his car from the premises of the
				  repair shop before paying the bill.
(c) The consumer's right to inspect his
				  vehicle is independent of the rights of an insurance company to inspect a
				  vehicle.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Section 207  of the Vehicle and Traffic Law
					 authorizes the commissioner to prescribe the form of ticket and simplified
					 traffic information to be used in all traffic violation cases (except parking),
					 and to establish administrative control over the disposition thereof. Under the
					 provisions of such section, the commissioner may require trial courts having
					 jurisdiction of traffic cases to report as to the disposition thereof, and may
					 limit the application of rules and regulations, promulgated to administer and
					 enforce the provisions of section 207, so as to include or exclude specific
					 violations.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.2 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
On and after the effective date of this Part, every
					 enforcement agency and every police officer issuing tickets for traffic
					 violations, except parking, standing or stopping, shall use a uniform traffic
					 ticket prescribed by this Part. Any uniform traffic ticket which conformed to
					 the regulations in effect immediately prior to September 1, 1971 may continue
					 to be used as provided in section
					 91.14 
					 of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Traffic
				  violation means a violation of any of the provisions of the Vehicle and Traffic
				  Law, any local law, ordinance or regulation, or order of the Department of
				  Transportation, relating to traffic, except parking violations.
(b) Police officer includes any peace officer
				  or member of the State Police who is authorized to issue summonses for traffic
				  violations.
(c) Enforcement agency
				  means each local police force, including county, town, city and village police
				  departments, sheriffs, and the Division of State Police.
(d) Court includes any trial court, justice
				  or magistrate having jurisdiction over traffic violations.
(e) Ticket means part I of the uniform
				  traffic ticket.
(f) Packet means a
				  complete set of all parts of a uniform traffic ticket.
(g) Uniform traffic ticket means the packet
				  consisting of a ticket, simplified traffic information, certificate of
				  conviction, enforcement agency copy and officer' s copy as specified in section
				  91.5 
				  of this Part and in the forms prescribed in section
				  91.7 
				  of this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.4 - Exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				  not apply to tickets issued within any city having a population of one million
				  or over for offenses occurring therein.
(b) Uniform traffic tickets shall not be
				  issued for parking, stopping or standing violations.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.5 - Specifications of uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
Uniform traffic tickets conforming to the following
					 specifications may be issued for traffic violations occurring prior to January
					 1, 1970, and must be used for traffic violations occurring on and after January
					 1, 1970. No variations from the prescribed specifications shall be permitted
					 unless prior written approval is obtained from the commissioner.
(a) It shall be a multi-copy packet, with
				  interleaved carbons, conforming to the following:
(1) Each part shall be between 4 and 41/4
				  inches wide and between 73/4 and 8 inches long, plus a suitable stub for
				  binding.
(2) Each carbon shall be
				  of sufficient size to provide reproduction of all necessary information on all
				  copies.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.6 - Serial number of uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A serial number shall be printed in the
				  upper right-hand corner of each part of the uniform traffic ticket, parallel to
				  the long side of the ticket.
(b)
				  Such number shall be printed in red or black on part I in numerals at least
				  3/16 of an inch in height. On the remaining parts, such number may be black or
				  a color resulting from the print on part I and the carbon
				  interleaves.
(c) Packets shall be
				  numbered in consecutive serial number order by the printer thereof.
(d) Serial numbers on supplies of packets
				  procured separately need not follow a continuous sequence.
Example:If the first purchase of packets by an enforcement
					 agency is serially numbered from 1 to 1,000, it is not required that the next
					 supply of packets procured by such agency bear serial numbers starting with
					 1,001. However, no serial number may duplicate the number of another ticket
					 issued by the same agency during the previous year.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.7 - Form of uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
Uniform traffic tickets conforming to the specifications
					 set forth in section
					 91.5 
					 of this Part must be in the following form. No variations from the format
					 prescribed herein shall be permitted unless prior written approval is obtained
					 from the commissioner.
(a) Part I.
(1) Part I of the packet is the ticket, and
				  is given to the alleged violator.
(2) It shall be printed on canary
				  stock.
(3) The following
				  instruction shall be printed in red, in uppercase characters, in boldface
				  12-point type:
"A PLEA OF GUILTY TO THIS CHARGE IS EQUIVALENT TO A
					 CONVICTION AFTER TRIAL. IF YOU ARE CONVICTED, NOT ONLY WILL YOU BE LIABLE TO A
					 PENALTY, BUT IN ADDITION YOUR LICENSE TO DRIVE A MOTOR VEHICLE OR MOTORCYCLE,
					 AND YOUR CERTIFICATE OF REGISTRATION, IF ANY, ARE SUBJECT TO SUSPENSION AND
					 REVOCATION AS PRESCRIBED BY LAW."
(4) The reverse side of this part shall
				  contain the form prescribed by the commissioner to be used in disposing of
				  certain traffic infractions by mail, and may at the option of the enforcement
				  agency contain information with respect to schedules of fines and other
				  information applying to a specific local area.
(5) It shall be printed in substantially the
				  following form:
(i) Front.
Image
Image
(ii) Reverse.
Image
Image
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.8 - Printers' reports for uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
Each printer who supplies uniform traffic tickets to any
					 enforcement agency shall make a report thereof to the commissioner at Albany,
					 New York, within five days after shipment supplying the following
					 information:
(a) name and address of
				  enforcement agency;
(b) first and
				  last serial numbers of packets;
(c)
				  serial number of any missing packets;
(d) a statement as to the size and face of
				  type used in printing the warning required to appear in red on part
				  I;
(e) date of shipment or
				  delivery.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.9 - Enforcement agency uniform traffic ticket supply

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each enforcement agency using uniform
				  traffic tickets must secure and maintain, at its own expense, adequate supplies
				  of same and shall maintain adequate facilities for the secure storage
				  thereof.
(b) Each agency shall be
				  responsible for the assignment of packets to police officers under its
				  jurisdiction.
(c) Packets shall be
				  assigned to police officers in consecutive series and the agency shall retain a
				  control record of all issued tickets.
(d) Each agency shall submit to the
				  commissioner a printer's proof of all parts of the proposed packet to be used
				  by such agency. No such uniform traffic ticket shall be used unless
				  notification of approval of the packet is received from the commissioner.
				  Whenever an enforcement agency has received approval of a uniform traffic
				  ticket, approval of future supplies of such uniform traffic tickets shall not
				  be required unless there is a change from the format previously
				  approved.
(e) Each agency shall
				  submit to the commissioner, after securing each separate supply of uniform
				  traffic tickets, one complete sample packet, marked "VOID".
(f) The requirement for submission of a
				  printer's proof contained in subdivision (d) of this section may be waived
				  provided that (1) the pre-printed format has been submitted by the printer and
				  approved for use by the commissioner, and (2) the agency submits to the
				  commissioner a copy of the additional information which is to be added to such
				  format.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.10 - Enforcement agency procedures and reports for uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency
				  shall maintain a file of part IV of each uniform traffic ticket issued by a
				  police officer under its jurisdiction when received from the court.
(b) Within 45 days following June 30 and
				  December 31, the agency shall forward to the commissioner, on a form prescribed
				  and provided by him, a summary report as to the status of all uniform traffic
				  tickets issued by the police officers under the jurisdiction of such agency
				  during the six-month period prior to the above dates.
(c) Where a report contains a notation as to
				  a lost ticket, or packet, a report must be prepared by the police officer who
				  lost the ticket, or packet, after it had been assigned to him, which report
				  shall be retained by the police agency.
(d) A duplicate copy of each such report and
				  the enforcement agency copy of each packet for which disposition is recorded
				  shall be retained and be available for inspection by the commissioner for a
				  period of two years from the date of the report upon which such disposition is
				  reported. The Division of State Police shall retain the disposition record copy
				  rather than the enforcement agency copy for the specified period of
				  time.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.11 - Police officer procedure for uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When an alleged traffic violator is
				  issued a uniform traffic ticket, the police officer shall sign or print his
				  name on part I of the packet and deliver same to the alleged violator, shall
				  swear to part II before a person authorized to administer the necessary oath or
				  affirm the complaint under penalty of perjury, and shall deliver parts II, III
				  and IV to the court in which the alleged violator is notified to appear. He
				  shall retain part V for his own records, or deliver it to the enforcement
				  agency depending upon the procedure adopted by the enforcement
				  agency.
(b) If a ticket, or packet,
				  is mutilated or voided, the police officer to whom it has been assigned shall
				  return all parts of the packet thereof to the enforcement agency which assigned
				  the same to him.
(c) If a ticket,
				  or packet, is lost, the police officer who lost the same shall file with the
				  enforcement agency a report, in duplicate, as to the loss of such ticket, or
				  packet, together with any remaining parts of the packet in the event only part
				  of the packet has been lost.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.12 - Court procedure for uniform traffic ticket

Current through Register Vol. 46, No. 28, July 10, 2024
When a traffic violation matter, for which a uniform
					 traffic ticket has been issued, has been disposed of, the court shall indicate
					 the disposition of the matter on part IV of the uniform traffic ticket, and
					 shall deliver the same to the enforcement agency whose name appears thereon.
					 Whenever a traffic violation matter, for which a uniform traffic ticket has
					 been issued, results in a forfeiture of bail or a conviction, the court shall
					 indicate such disposition on part III of the uniform traffic ticket, and shall,
					 after completing the reverse of such part, deliver that part to the Department
					 of Motor Vehicles, Albany, New York.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.13 - Modification of procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, upon written request of a police
					 agency, in his discretion, by written authorization modify any of the
					 procedures established in sections
					 91.10
					 through
					 91.12 
					 of this Part for that particular police agency.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.14 - Continuation of certain uniform traffic tickets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An enforcement agency may continue to use
				  any uniform traffic tickets which it has on hand or on order until such supply
				  of tickets is exhausted provided such uniform traffic tickets conform to
				  regulations which were in effect on August 31, 1971. It is suggested that any
				  such tickets which are issued on and after September 1, 1971 be modified by
				  writing or stamping the words People of the State of New York v. (Defendant) on
				  part II of the packet or on part I so that the same language appears in carbon
				  on part II. It is suggested that this language be placed at the top of the
				  ticket if there is room, or if not, in any other area where it is
				  readable.
(b) All references to
				  sections of the Code of Criminal Procedure which appear on the reverse of part
				  III of the packet are deemed to be references to the appropriate sections of
				  the Vehicle and Traffic Law as amended by chapter 545 of the Laws of
				  1971.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.15 - Traffic safety law enforcement and disposition (tsleandd) system

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
					 91.1
					 through
					 91.14 
					 of this Part shall not apply in the TSLE&D area to tickets issued on and
					 after the effective date of entry of any particular county or geographical
					 location into the TSLE&D System. The effective date of entry into the
					 TSLE&D System shall be as follows:
(a) July 1, 1984--The Counties of Cayuga,
				  Chemung, Livingston, Monroe (except the City of Rochester), Ontario, Schuyler,
				  Seneca, Steuben, Wayne and Yates.
(b) November 1, 1984--The Counties of
				  Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga and Oswego, and the
				  Villages of Earlville in Chenango County and Dolgeville in Fulton
				  County.
(c) March 1, 1985--The
				  Counties of Broome, Chenango, Cortland, Delaware, Otsego, Tioga and
				  Tompkins.
(d) June 1, 1985--The
				  Counties of Allegany, Cattaraugus, Chautauqua, Erie (except the City of
				  Buffalo), Genesee, Niagara, Orleans and Wyoming.
(e) October 1, 1985--The Counties of Albany,
				  Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Rensselaer, St.
				  Lawrence, Saratoga, Schenectady, Schoharie, Warren and Washington.
(f) February 1, 1986--The Counties of
				  Columbia, Dutchess, Greene, Orange, Putnam, Rockland, Sullivan, Ulster and
				  Westchester.
(g) June 1, 1986--The
				  Counties of Nassau and Suffolk (except those parts of Suffolk for which a
				  district court has been established).
(h) July 1, 1988--The Cities of Buffalo and
				  Rochester.
(i) August 1, 2000--The
				  portion of Suffolk County for which a district court has been
				  established.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.16 - Uniform traffic ticket (tsleandd area)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall issue uniform
				  traffic tickets to all enforcement agencies in the TSLE&D area. Such
				  tickets shall be the only traffic tickets to be used for arrests for, and
				  adjudication of, traffic violations in the TSLE&D area. Except as provided
				  in subdivision (b) of this section, each ticket packet shall consist of six
				  parts, as follows:
(1) Part I (UT
				  3.3)--Simplified Traffic Information.
(2) Part II (UT 3.4)--Certificate Concerning
				  Violation of Law Relating to Vehicles.
(3) Part III (UT 3.5)--Uniform Traffic
				  Ticket.
(4) Part IV (UT
				  3.6)--Arrest Record.
(5) Part V (UT
				  3.7)--Enforcement Agency Copy.
(6)
				  Part VI (UT 3.8)--Officer's Copy.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.17 - Enforcement agency procedure for uniform traffic ticket (tsleand d area)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
				  a quantity of uniform traffic tickets from the Department of Motor Vehicles,
				  the enforcement agency shall inspect each box of tickets to insure that all
				  assigned tickets are accounted for. Following this inspection, the agency shall
				  forward the ticket receipt to its data entry location. A list of missing,
				  mutilated or duplicate tickets must also be submitted to the data entry
				  location.
(b) Each bound book of
				  uniform traffic tickets shall be assigned by the agency to an individual police
				  officer. The police officer shall inspect each book and complete the Receipt
				  for Uniform Traffic Tickets (UT 1.2 or UT 3.2, whichever is appropriate), which
				  shall be submitted to the appropriate office within the agency.
(c) The police agency's traffic ticket
				  coordinator shall complete a "Report of Lost or Voided Tickets" and submit same
				  to the appropriate location at such intervals and in such manner as the
				  commissioner may determine.
(d)
				  Upon the issuance of a uniform traffic ticket by a police officer, and the
				  return of the completed part IV to the enforcement agency (see section
				  91.18 
				  of this Part), the enforcement agency shall submit part IV to its data entry
				  location, at such intervals and in such manner as the commissioner may
				  determine.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.18 - Police officer procedure for uniform traffic ticket (tsleand d area)

Current through Register Vol. 46, No. 28, July 10, 2024
When an alleged traffic violator is issued a uniform
					 traffic ticket, the police officer shall sign and print his name on part I of
					 the packet. Such signature constitutes the affirmation of the information under
					 penalty of perjury. The officer shall deliver part III or part V, whichever is
					 appropriate, to the alleged violator, and shall deliver parts I and II, with
					 carbon still in place, to the court or traffic violations bureau in which the
					 alleged violator is notified to appear. He shall deliver parts IV and V (or, in
					 the Cities of Buffalo and Rochester, part IV alone) to the enforcement agency,
					 and retain part VI for his own records.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.19 - Court procedure for uniform traffic ticket (tsleandd area)

Current through Register Vol. 46, No. 28, July 10, 2024
When a traffic violation matter, for which a uniform
					 traffic ticket has been issued, has been disposed of, the court shall complete
					 parts I and II of the uniform traffic ticket. Part I should be retained by the
					 court, and may be used as the court's docket. Part II should be forwarded by
					 the court to its assigned data entry location, in the manner prescribed by the
					 commissioner.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter G - Uniform Traffic Ticket, Form Of Waiver And Certifying And Recording Convictions › Part 91 - Uniform Traffic Ticket › Section 91.20 - Continuation of procedures

Current through Register Vol. 46, No. 28, July 10, 2024
For uniform traffic tickets issued prior to the effective
					 date of entry into the TSLE&D System, but disposed of subsequent to that
					 date, courts shall adhere to the procedures in effect at the time the ticket
					 was issued.