The NY Vehicle & Traffic Law (“VTL”), section 238 absolutely, positively makes the “name of the operator,” if present, a required element.
Here’s the relevant portion of section 238:
“(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…”
Does the NYC DOF Adjudication Unit enforce this requirement of NY VTL 238?
We know of no members of the NYC driving public who beat their parking tickets because of the failure of a parking ticket warrior to insert the name of the operator of a vehicle, if present. Do you?
In my humble opinion, the answer lies in 19 Rules of the City of New York (“RCNY”) 39-02, which provides, a parking summons shall contain:
“(1)…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 section 4-08 of title 34 of the official compilation of Rules of the City of New York (“RCNY”) or applicable provision of the VTL, 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 and/or hours in effect are every day and /or twenty-hour (sic) hours a day, the date, time and 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.”
No place, no where no how in this section of the RCNY is there any mention of a requirement that a parking ticket warrior inserts the name of the operator if present when issuing a parking ticket. Can you guess where I’m headed?
NYC enforces section 39-02 and disregards section 238 of the NY VTL. Is this legal? I’m not sure. We all know that NYC enforces its own stopping, standing and parking rules even when a parking rule conflicts with the NY DMV rules for registering commercial and private passenger vehicles.
NYC enforces its own handicap parking laws and refuses to honor a New York State handicap parking permit. The handicap parking permit issue withstood a challenge in the United States Circuit Court of Appeals by an angry member of the NYC driving public.
Is it fair? Does the NYC DOT care? I’d love to learn the authority for NYC to enact a parking rule that directly conflicts with an NY State law on the issue of the name of the operator as a required element.
I recommend members of the driving public who have other defenses to fight an NYC parking ticket, raise the absence of the operator’s name as one of your defenses, when applicable. If possible, include a description of the parking ticket warrior.
I’d love to learn your opinions and experiences on this topic. Please let me know if you’ve ever beaten an NYC parking ticket for the failure of a warrior to insert the name of the operator, if present. Your opinion is very important to us.
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