Parking Violations

RCNY tit. 19, ch. 39

in effect

19 RCNY § 39-01 Definitions.

§ 39-01 Definitions. When used in this chapter, unless otherwise expressly stated, the following definitions shall apply: Administrative law judges (ALJ's). "Administrative law judges," or "ALJ's" are persons appointed by the Commissioner to hear and determine charges of parking violations and fix fines and assess penalties as provided in these rules, and when so designated by the Director, be members of the appeals board of the Bureau. Business Entity. "Business Entity" means a corporation, partnership, organization or other entity engaged in business, but does not include an individual person or persons. Car Rental Program. "Car Rental Program" means a voluntary enrollment program whereby a lessor, upon registering vehicles and paying fees in accordance with 19 RCNY § 39-11(b), receives computer-generated hearing logs and can schedule hearings in PVB's Consolidated Adjudication Unit. Commercial Abatement Program. "Commercial Abatement Program" means a voluntary enrollment program whereby Commercial Organizations that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.2, but are not eligible for the Stipulated Fine Program pursuant to 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.2. Commercial Organization. "Commercial Organization" means any Business Entity that is an owner or lessee of at least one vehicle that is used exclusively for the delivery of goods or services. Consolidated Adjudication Unit (CAU). “Consolidated Adjudication Unit” or “CAU” means a special purpose hearing part of PVB that adjudicates high volumes of summonses, as determined by the Director, in accordance with the representation procedures set forth in 19 RCNY § 39-09. Director. Whenever used, the term "Director" shall refer to the head of the Parking Violations Bureau, "the Bureau", appointed by the Commissioner of New York City Department of Finance or other official within the Department of Finance responsible for supervising the operations of the Bureau. Electronic case folder. “Electronic case folder” or “ECF” means an electronic file folder generated for the adjudication of parking summonses, which may include any summons, evidence, a written defense, the decision and order, and the hearing audio. Fiscal year. "Fiscal year" means a period of one year commencing on the first day of July and terminating on the thirtieth day of June. Fleet Program. "Fleet Program" means a voluntary enrollment program whereby Commercial Organizations receive computer-generated hearing logs and can schedule hearings in the Parking Violation Bureau's Consolidated Adjudication Unit pursuant to 19 RCNY § 39-03. Lessee. "Lessee" means any person, corporation, firm, partnership, agency, association or organization that rents, bails, leases or contracts for the use of one or more vehicles and has the exclusive use thereof for any period of time. Lessor. "Lessor" means any person, corporation, firm, partnership, agency, association or organization engaged in the business of renting or leasing vehicles to any lessee or bailee under a rental agreement, lease or otherwise, wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time. "Lessor" shall be construed to include the "owner," as defined in this 19 RCNY § 39-01, of a vehicle rented or leased in a vehicle renting or leasing business wherein the said lessee or bailee has the exclusive use of said vehicle for any period of time; provided, however, that a lessee of a vehicle shall not be construed to be a lessor even if it is a registrant or co-registrant of a vehicle. Long-term lease. "Long-term lease" means a lease for a term of one year or more. Meter number. “Meter number” means, as applicable: (1) The identification number of a parking meter, as defined in 34 RCNY § 4-01, in circumstances where parking time has been purchased using such a parking meter; or (2) The applicable zone number included on posted signage or within a mobile payment application for the side of a block where a motor vehicle is parked in on-street or off-street parking areas, in circumstances where a timed receipt is dispensed to be displayed on the dashboard of such vehicle or in a visible and secure place on a motorcycle or parking time has been purchased using an authorized electronic communication device. Notice of violation (summons). "Notice of violation" shall mean: (1) A form or duplicate thereof prepared and distributed by the Bureau substantially completed and sworn to or affirmed by authorized issuing agents which shall constitute a notice of violation when served as hereinafter provided. (2) For purposes of this definition, authorized issuing agents shall be members of the Police Department, Fire Department, Department of Transportation, Traffic Enforcement Agents, Department of Sanitation, the Sheriff, Under Sheriff and Deputy Sheriffs of the Department of Finance's Office of the City Sheriff, Fraud and Associate Fraud Investigators of the Department of Finance, Department of Small Business Services, Business Integrity Commission, New York City Housing Authority Police, Port Authority of New York and New Jersey Police, Police of the Metropolitan Transportation Authority and its subsidiary authorities, United States Park Police, Department of Buildings Special Patrolmen, State Regional Park Police, Taxi and Limousine Commission, Waterfront Commission of New York Harbor, Department of Parks and Recreation, Department of Correction, Roosevelt Island Security Organization, Sea Gate Association Police, Snug Harbor Rangers with peace officer status, officers of the Co-op City Department of Public Safety, Amtrak Police Officers, Office of Court Administration Court Officers, Department of Health and Mental Hygiene Police Officers, Health and Hospitals Corporation Police Officers, New York State Office of Mental Health Safety Officers, New York State Office for People with Developmental Disabilities Police Officers, Triborough Bridge and Tunnel Authority Police Officers, State University Maritime College Public Safety Officers, Department of Environmental Protection Police Officers, managers of the New York City Transit Authority, Officers of the Federal Protective Service of the United States Department of Homeland Security, and State University of New York Downstate Health Sciences University Police Officers. (3) For purposes of this definition, authorized issuing agents shall also include special patrolmen appointed by the police commissioner pursuant to subdivision (c) of § 14-106 of the Administrative Code of the City of New York to do special duty at Parkchester South Condominium, at the New York City Hunts Point Terminal Market in the borough of the Bronx, Stuyvesant Town in the borough of Manhattan, and various facilities under the jurisdiction of the Department of Citywide Administrative Services. Operator. Whenever used, the term "operator" means any person, corporation, firm, agency, association or organization that uses, operates or is responsible for a vehicle at the time the violation occurs, with or without the permission of the owner, and an owner who operates his or her or its own vehicle. Owner. "Owner" means any person, corporation, partnership, firm, agency, association, lessor or organization who at the time of the issuance of a notice of violation in connection with a vehicle operated in the City of New York: (1) is the beneficial or equitable owner of such vehicle; or (2) has the title to such vehicle; or (3) is the registrant or co-registrant of such vehicle which is registered with the Department of Motor Vehicles of this state or any other state, territory, district, province, nation or other jurisdiction; or (4) used such vehicle in its vehicle renting and/or leasing business; or (5) is an owner of such vehicle as defined by sections 128 or 2101(a) of the Vehicle and Traffic Law. Parking violations. "Parking violations" are traffic infractions constituting a violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. Parking Violations Bureau (PVB). "Parking Violations Bureau", or “PVB”, is an administrative tribunal in the New York City Department of Finance established to accept pleas to, and to hear and determine charges of traffic infractions relating to parking violations within the City of New York, to provide for monetary fines, penalties and fees for such violations, and to enter and enforce judgments of the Bureau in the same manner as the enforcement of money judgments in civil actions. Plea of guilty. As used herein, the term "plea of guilty" shall mean an admission of liability. Plea of not guilty. As used herein, the term "plea of not guilty" shall mean a denial of liability. Primary filing. "Primary filing" means the initial filing of registration plate numbers by a lessor or Commercial Organization prior to the commencement of each fiscal year. Respondent. Whenever used, the term "respondent" shall mean the person charged with a parking violation. Stipulated Fine Program. "Stipulated Fine Program" means a voluntary enrollment program whereby Commercial Organizations that make expeditious pick-ups, deliveries and/or service calls and that are enrolled in the Fleet Program and meet the eligibility criteria established in 19 RCNY § 39-03.1, waive their right to challenge parking summonses and agree to pay a reduced fine amount for each summons, pursuant to 19 RCNY § 39-03.1. Supervising and senior administrative law judges. "Supervising and senior administrative law judges" are persons appointed by the Commissioner of Transportation thus far, or appointed by the Commissioner of Finance thus far and from now on, to hear and determine charges of parking violations, assist the Director in the supervision and administration of the work of the Bureau, and when so designated by the Director, be members of the Appeals Board of the Bureau. (Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024; amended City Record 5/8/2026, eff. 6/7/2026)

19 RCNY § 39-02 Notice of Violation (Summons).

§ 39-02 Notice of Violation (Summons). (a) Contents. (1) The notice of violation (summons) shall be in such form as may be prescribed by the Director and shall contain 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 34 RCNY § 4-08 or applicable provision of the Vehicle and Traffic Law 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 in effect pursuant to the rule or provision 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 date, time and particular 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. (2) 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 of a vehicle 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 that such condition is so described and inserted on the notice of violation. (3) If any information that is required to be inserted in 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. (4) The notice of violation (summons) shall also contain information advising the respondent of the manner and time in which a plea with respect to the violation alleged in the said notice may be entered and information warning that failure to plead in the manner and time provided shall be deemed an admission of liability and that a default judgment may be rendered. (b) Service of notice of violation (summons). Service of the notice of violation (summons) may be made as follows: (1) Personally on the operator of a vehicle. In such case, the name, of the person served shall also be inserted in the notice of violation (summons). (2) If the operator is not present, the notice of violation (summons) shall be served on the owner of the vehicle by affixing the notice to the vehicle in a conspicuous place. Service of the notice of violation (summons) as herein provided shall have the same force and effect as if personally served. (c) Operator as agent for service. The 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 notice of violation (summons). (d) Certified copies of notice of violation (summons). The Bureau shall provide, upon request of the respondent or their attorney or authorized agent, certified copies of summonses issued to that respondent. The fee for such certified copies shall be one dollar ($1.00) per copy. The Director may prescribe procedures for application for such copies, and/or the waiving of the aforementioned charge. (e) (1) Notice of violation (summons) Copies. A respondent is entitled to one request of up to five free summons copies (in judgment or not in judgment). Beginning with copy number 6 in any single request, or any additional requests within thirty days of the previous request, there will be a charge of $1.00 per summons copy. This rule applies to all respondents, including Commercial Organizations, except as provided in paragraph (2) of this subdivision. Note that the respondent is entitled to only five free copies per request, not per plate. (2) Indigent respondents. Notwithstanding any other provision of this subdivision, a Senior Administrative Law Judge, a Supervising Administrative Law Judge, the Chief Administrative Law Judge, the Special Counsel for Adjudications, the First Deputy Commissioner of Finance or the Commissioner of Finance may authorize, without fee, the provision of summons copies to which a fee is otherwise applicable under this subdivision, to a respondent who is a natural person for the purpose of defending against a charged parking violation or moving to open a default judgment, upon the respondent making affidavit or sworn statement on the record that the respondent is unable to pay the fee and demonstrating the indigence of the respondent. Such affidavit or sworn statement must also state the reason the copy of each summons that was served at the time of occurrence is unavailable and, in the case of a motion to open default judgment, the basis of excusable neglect. (Amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-03 PVB Fleet Program – Weekly Listing of Newly Issued Summonses.

§ 39-03 PVB Fleet Program – Weekly Listing of Newly Issued Summonses. (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)

19 RCNY § 39-03.1 Program of Stipulated Fines for Vehicles Enrolled in the Fleet Program.

§ 39-03.1 Program of Stipulated Fines for Vehicles Enrolled in the Fleet Program. (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 agreements described in subdivisions (a) and (f) 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,with respect to agreements described in subdivision (f) of this section, summonses that were issued prior to the date of such agreement shall 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 and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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 and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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 $30.00 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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. (f) Notwithstanding any other provision of this section to the contrary, no more than once per calendar year, the Commissioner of Finance may enter into an agreement with the owners of vehicles with commercial plates enrolled in the Fleet Program that are otherwise eligible for the Stipulated Fine Program established pursuant to subdivision (a) for the payment of stipulated fines in accordance with a reduced fine schedule for parking violations (“stipulated fine amounts”) for which summonses were issued prior to the date of such agreement provided that: (1) the stipulated fine amounts applicable shall be the based on the reduced fine schedule established pursuant to subdivision (a) in effect at the time of the violation; (2) such owner shall pay the stipulated fine amount for all outstanding violations issued for such owner’s enrolled vehicles prior to the time that the agreement is entered into; (3) such owner stipulates to greater than 500 outstanding violations in the agreement; and (4) such stipulated fine rates shall not apply to any violations that have been adjudicated or for which a penalty has been imposed due to the failure to pay the applicable fine amount or stipulated fine amount. (Amended City Record 3/20/2026, eff. 4/19/2026)

19 RCNY § 39-03.2 Program of Commercial Abatements for Vehicles Enrolled in the Fleet Program.

§ 39-03.2 Program of Commercial Abatements for Vehicles Enrolled in the Fleet Program. (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 agreements described in subdivisions (a) and (e) 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,with respect to agreements described in subdivision (e) of this section, summonses that were issued prior to the date of such agreement shall 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 and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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 and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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 $30.00 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision and imposition of the original unreduced fine amount as provided in 19 RCNY § 39-05. (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. (e) Notwithstanding any other provision of this section to the contrary, no more than once per calendar year, the Commissioner of Finance may enter into an agreement with the owners of vehicles with commercial plates enrolled in the Fleet Program that are otherwise eligible for the Commercial Abatement Fine Program established pursuant to subdivision (a) for the payment of commercial abatement fine amounts in accordance with a reduced fine schedule for parking violations (“commercial abatement fine amounts”) for which summonses were issued prior to the date of such agreement provided that: (1) the commercial abatement fine amounts applicable shall be based on the reduced fine schedule established pursuant to subdivision (a) in effect at the time of the violation; (2) such owner shall pay the commercial abatement fine amount for all outstanding violations issued for such owner’s enrolled vehicles prior to the time that the agreement is entered into; (3) such owner stipulates to greater than 500 outstanding violations in the agreement; and (4) such stipulated fine rates shall not apply to any violations that have been adjudicated or for which a penalty has been imposed due to the failure to pay the applicable fine amount or stipulated fine amount. (Amended City Record 3/20/2026, eff. 4/19/2026)

19 RCNY § 39-04 Methods of Pleading and Payment of Fines.

§ 39-04 Methods of Pleading and Payment of Fines. (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)

19 RCNY § 39-05 Amount of Fines.

§ 39-05 Amount of Fines. 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)

19 RCNY § 39-06 Declaration of Emergency Conditions.

§ 39-06 Declaration of Emergency Conditions. 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.

19 RCNY § 39-07 Penalties.

§ 39-07 Penalties. (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. (1) Lessors of a vehicle registered with the Bureau under 19 RCNY § 39-11(b) who otherwise comply with the provisions of 19 RCNY § 39-11(b) shall not be liable for penalties imposed pursuant to this 19 RCNY § 39-07. (2) A lessor of a vehicle registered with the Bureau under 19 RCNY § 39-11(b) shall be liable for penalties imposed pursuant to this section only as provided in 19 RCNY § 39-11(b), unless such penalties shall be abated as provided in 19 RCNY § 39-07(b). (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.

19 RCNY § 39-08 Hearings.

§ 39-08 Hearings. (a) Location of hearings. (1) Hearings may be held or payments made at any locations designated by the Director. (2) The Director, in their discretion, may establish such special purpose hearing parts, and at such locations as deemed necessary. (b) Time schedule for hearings. (1) Hearing parts shall meet on days and at times as the Director shall from time to time in their discretion determine, upon appropriate notice to the public. (2) The Director, in their discretion, may set additional times and days for hearings or limit, reduce or vary the time and days for hearings, to meet the needs of the Bureau, upon appropriate notice to the public. (3) The Director, in their discretion, may determine for such hearing parts whether such hearing is conducted in-person or via another method, in order to meet the needs of the Bureau based on considerations of due process, efficiency, workload, staffing and other resources, in accordance with this section and 19 RCNY §§ 39-09, 39-12, 39-15, and 39-19 of this chapter, upon appropriate notice to the public, provided, however, that the Director shall not prohibit respondents from alternatively adjudicating summonses in-person at business centers. (c) Administrative Law Judge to preside. Every hearing shall be held before an Administrative Law Judge, Senior Administrative Law Judge, or Supervising Administrative Law Judge. All hearings shall be public. (d) Counsel. (1) A respondent may be represented by counsel. (2) Appearance by Counsel shall not be recognized unless such attorney shall have filed a proper notice of appearance. The notice of appearance must contain the name, office address, email address, and telephone number of the attorney. No other attorney shall be permitted to appear for the respondent in such matter without an order in writing or made at open hearing by an administrative law judge. (See 19 RCNY § 39-09 – Representatives at Parking Violations Bureau Hearings.) (e) Substantial evidence required. No charge may be established except upon proof by substantial credible evidence. (f) Rules of evidence. (1) The administrative law judge shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communications. (2) Evidence may be presented in a form as prescribed by the Director based on considerations of due process, efficiency, workload, staffing and other resources. All testimony shall be given on oath or affirmation issued by an administrative law judge, supervising administrative law judge, or senior administrative law judge, where appropriate, based on policies established by the Bureau. (3) The respondent shall have the right to present witnesses, to conduct examination and to introduce documentary evidence. (4) The summons shall constitute prima facie evidence of the statements contained therein. A reproduction of the summons or the original thereof filed with the Bureau may be used at the hearing in lieu of the copy from which it was made. (g) Hearing record. A record shall be made of every hearing either by stenographic recording or by mechanical or electronic methods, as the Director shall determine. A transcript of such record shall be supplied to the respondent on application and payment of a fee of $2.00 and the cost of such transcript. The director may establish procedures for application for transcript. (h) Subpoenas. The administrative law judge may, in their discretion, or at the request of the Respondent on a showing of good cause and need therefor, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation or of other persons to give testimony, and may issue a subpoena duces tecum to compel the production for examination or introduction into evidence of any book, paper or other thing relevant to the charges alleged. (i) Consolidation. The Bureau may, with or without request or consent of the respondent, consolidate for hearing or appeal, any and all matters within its jurisdiction pending against the respondent. (j) Adjournments. An adjournment may be requested by the respondent prior to hearing. In the case of a hearing relating to the vacatur of dismissals procured by knowing misconduct, no more than two adjournments shall be granted in any matter except under extraordinary circumstances. (Amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-09 Representatives at Parking Violations Bureau Hearings.

§ 39-09 Representatives at Parking Violations Bureau Hearings. (a) Brokers. (1) Definitions. Broker. "Broker" means a person who: (i) is not the owner or operator of the summonsed vehicle; (ii) represents another person or firm; (iii) requests a hearing three or more times within any six month period; and (iv) is not an employee of the respondent (as defined in 19 RCNY § 39-09(b)(1)). Brokerage Company. "Brokerage Company" means a corporation, company, partnership or entity that: (i) is not the owner or operator of the summonsed vehicle; (ii) engages brokers to represent another person or firm; and (iii) requests a hearing three or more times within any six month period. (2) Rules and authorization. The rules set forth in paragraph (8) of subdivision (a) of this section apply to brokers appearing before the Department of Finance in any capacity, which include but are not limited to: the Fleet Program, Stipulated Fine Program, Commercial Abatement Program, Car Rental Program, hearings by mail or web, CAU hearings, and scheduling and billing. A broker must register with the Department of Finance before representing a respondent before the Department of Finance in any capacity by submitting such forms as prescribed by the Department of Finance and receiving approval of such forms by the Department of Finance. For the broker to represent a respondent, the broker must submit a Broker Authorization Form prescribed by the Department of Finance. The Broker Authorization Form must be: (i) signed by a duly authorized principal, officer or partner of the respondent; (ii) duly acknowledged before a Notary Public; and (iii) mailed to PVB by certified mail, return receipt requested, electronically submitted to PVB as prescribed by the Department of Finance, or hand delivered to the Fleet Program Manager, who will issue a receipt. The Broker Authorization Forms will be filed in a central location in the Consolidated Adjudication Unit (CAU). Upon revocation of the authorization of a broker to represent a person or company, it is the joint and several responsibility of the broker and the person or company to notify PVB within seven days by certified mail, return receipt requested. (3) Hearing location and schedule. All hearings involving brokers shall be conducted by appointment only in CAU. No other location or unit (e.g. business centers) shall schedule or conduct hearings for respondents represented by brokers. (4) Fleet Program and Car Rental Program. A broker shall not represent a Business Entity unless such Business Entity is registered in the Fleet Program or the Car Rental Program. For vehicles registered in either the Fleet Program or the Car Rental Program, no hearing will be allowed without a PVB computer-generated log.* (5) Reserved. (6) Summons copy fees. Respondents represented by brokers are subject to the same summons copy fees as the general public (19 RCNY § 39-02(e)). (7) Hearing procedures. (i) Before each hearing, brokers must submit to the CAU reception clerk all of the summonses scheduled to be adjudicated. These summonses will be delivered to the presiding judge before the hearing begins. No additional summonses may be submitted or accepted for adjudication at that hearing session once the hearing begins without the authorization of the CAU manager. (ii) The hearing shall not be interrupted or stopped by the broker because of a dispute on a ruling. The determination of the presiding judge is final and may be overruled only by an appeal. (iii) Except for the lunch break, the hearing shall proceed without interruption until the end of the day, unless before then the ALJ adjudicates all of the summonses the broker has submitted or adjourns the hearing. (iv) Absent such adjournment, if the broker is not present or otherwise fails to proceed at the hearing, the ALJ may render judgment on all of the unadjudicated summonses as if they were submitted for a hearing by mail. (v) Any summons not adjudicated on the day of the hearing due to an adjournment for further evidence shall be retained by CAU together with documents attached thereto, and shall be adjudicated on the adjourned date by the same ALJ who began the hearing, if possible. On that adjourned date, the ALJ shall not hear any of the broker summonses except those left unadjudicated from the original hearing without special authorization from the CAU manager. (8) Conduct while at PVB. (i) Brokers must observe in good faith the laws and regulations governing the adjudication of parking violation summonses and any forms and instructions provided to the broker by the Department of Finance. (ii) Brokers must exercise due diligence in: (1) Learning and obeying applicable statutes, rules, and instructions governing the disposition of, or agreements concerning payment of, parking violation summonses, in full, before the CAU; (2) Complying with scheduling and creating ECFs, and submitting evidence for hearings; and (3) Ensuring that their oral and written arguments, statements, and evidence submitted to the Department of Finance are correct. (iii) A broker who knows or has reason to believe that a respondent has made a factual error in or omission from a document submitted at or prior to the hearing must advise the respondent promptly of such error or omission. A broker must urge the applicant to correct the error and promptly submit the corrected information. If the applicant refuses to do so, the broker must withdraw from representation for the summons(es) where continued representation would violate this section. (iv) Brokers must not file an application, submit a document, or present testimony or other evidence that is obviously false, or that the broker knows or has reason to believe is false, fraudulent, or contains false information. (v) Brokers must not make any statement or fail to disclose any fact in any situation where such broker knows or has reason to know such statement or failure to disclose information will mislead the ALJ at a hearing. (vi) Brokers must not present a demand or an opinion of fact or law to the ALJ at a hearing unless the broker holds it in good faith and can support it on reasonable grounds. (vii) A broker must not sign an application in the name of the applicant. A broker signing an application pursuant to a broker authorization form must sign in the broker's own name. (viii) Brokers must not attempt to initiate conversations or correspondence about particular cases with the ALJ before or after the hearing. At the hearing brokers must discuss the scheduled matters only. Brokers must not telephone, write, email, or otherwise communicate with the ALJ or other employees of the Department of Finance before or after the hearing with additional arguments. (ix) Brokers must not attempt to influence any ALJ or employee of the Department of Finance by the use of threats, false accusations, intimidation or coercion; promises of advantage; or the presenting or offer of any gift, favor or thing of value. A broker must report promptly any such acts of which the broker is aware to the New York City Department of Investigation. (x) Brokers must not engage in disrespectful conduct when communicating with an ALJ regarding Parking Violations Bureau business at any time through means including, but not limited to, using abusive language or disrupting a hearing. (xi) Brokers must not go into any non-public service area unless accompanied or authorized by a manager or supervisor and they must not operate any PVB terminal or other equipment at any time. (xii) Brokers must not request any Department of Finance clerical staff to perform non-routine tasks. All such requests must be addressed directly to and approved by the CAU Manager. "Nonroutine" means anything out of the regular processing stream. (xiii) Every broker must follow the directions provided by their clients to pay or contest parking violation summonses. A broker shall not contest a summons where a client has instructed the broker to plead guilty and pay the summons. A broker shall not plead guilty to a summons where a client has instructed the broker to contest the summons. (xiv) A broker in receipt of a payment from a client for a parking violation summons must remit in a timely manner a payment to the Department of Finance to pay the applicable summons in accordance with applicable laws and rules. (9) Penalty for violation of these rules. Any broker or brokerage company who willfully or repeatedly violates these rules may be barred from representing clients at PVB in any capacity. The Commissioner may, after providing notice to the broker and, if the brokerage company is also subject to suspension, the brokerage company, and an opportunity to be heard, suspend the broker for any period up to life from appearing before the Department of Finance in any capacity, except that the broker may appear on parking violations issued in the broker’s name, and/or suspend a brokerage company for any period up to and until the dissolution of the brokerage company from appearing before the Department of Finance in any capacity, except that the brokerage company may appear on parking violations issued in the brokerage company’s name. Such notice(s) will inform the broker and, if the brokerage company is subject to suspension, the brokerage company, of the reasons for the proposed suspension and that the broker and the brokerage company, if the brokerage company is subject to suspension, has the right to present information as to why the broker and/or brokerage company should not be suspended to the Commissioner, or their designee, within 10 business days of delivery of the notice by hand or 15 business days of the posting of notice by mail. Any suspension of a broker will apply solely to the broker unless the Department of Finance has evidence either that the brokerage company which employed the broker had knowledge of the broker’s infractions and did not inform the Department of Finance or that the standard practice of such brokerage company was to commit infractions in its interactions with the Department of Finance regardless of the broker involved. Any suspension of a brokerage company will apply to all brokers employed by the brokerage company for the period during which those brokers remain employed by the brokerage company. Any brokerage company shall be barred from representing clients at PVB in any capacity when a broker subject to a life suspension is employed by, engaged by, is subcontracted to, consults with or has any ownership interest in, such brokerage company. (b) Employees. (1) Definitions. Employee. As used in these regulations, the term "employee" refers to a person who: (i) is a principal, partner, officer or salaried employee of the respondent; (ii) was not the operator of vehicle at the time it was summonsed; and (iii) is not a broker (as defined in 19 RCNY § 39-09(a)(1)). (2) Rules and authorization. The rules set forth in paragraph (8) of subdivision (b) of this section apply to employees appearing before the Department of Finance in any capacity, which include but are not limited to: the Fleet Program, Stipulated Fine Program, Commercial Abatement Program, Car Rental Program, hearings by mail or through a website maintained or controlled by the Department, CAU hearings, and scheduling and billing. An employee must register with the Department of Finance before representing a respondent before the Department of Finance in any capacity by submitting an Authorization for Employee to Act as Representative at Special/Commercial Adjudication Hearings, which is prescribed by the Department of Finance and receiving approval of such Authorization by the Department of Finance. The Authorization for Employee to Act as Representative at Special/Commercial Adjudication Hearings must be: (i) signed by a duly authorized principal, officer or partner of the respondent; and (ii) duly acknowledged before a Notary Public. Such Authorizations must be received by CAU before an employee may act on behalf of their company. They will be kept on file at CAU. (3) Hearing location and schedule. All hearings in which employees act as representatives shall be conducted by appointment only in CAU. No other location or unit (e.g. Business Centers) shall schedule or conduct hearings for respondents represented by employees. (4) Fleet Program and Car Rental Program. An employee shall not represent a respondent unless such respondent is registered in the Fleet Program or the Car Rental Program. For vehicles registered in either the Fleet Program or the Car Rental Program, no hearing will be allowed without a computer-generated log.* (5) Reserved. (6) Summons copy fees. Companies represented by employees are subject to the same summons copy fees as the general public (19 RCNY § 39-02(e)). (7) Hearing procedures. (i) Before each hearing, employees must submit to the CAU reception clerk all of the summonses scheduled to be adjudicated. These summonses will be delivered to the presiding judge before the hearing begins. No additional summonses may be submitted/accepted for adjudication at that hearing session once the hearing begins without the authorization of the CAU manager. (ii) The hearing shall not be interrupted or stopped by the employee because of a dispute on a ruling. The determination of the presiding judge is final and may be overruled only by an appeal. (iii) Except for the lunch break, the hearing shall proceed without interruption until the end of the day, unless before then the ALJ adjudicates all the summonses the employee has submitted or adjourns the hearing. (iv) Absent such adjournment, if the employee is not present or otherwise fails to proceed at the hearing, the ALJ may render judgment on all of the unadjudicated summonses as if they were submitted for a hearing by mail. (v) Any summons not adjudicated on the day of the hearing due to an adjournment for further evidence shall be retained by CAU together with documents attached thereto, and shall be adjudicated on the adjourned date by the same ALJ who began the hearing, if possible. On that adjourned date, the ALJ shall not hear any summonses except those left unadjudicated from the original hearing without special authorization from the CAU manager. (8) Conduct while at PVB. (i) Employees must observe in good faith the laws and regulations governing the adjudication of parking violation summonses and any forms and instructions provided to the employee by the Department of Finance. (ii) Employees must exercise due diligence in: (1) Learning and obeying applicable statutes, rules, and instructions governing the disposition of, or agreements concerning payment of parking violation summonses, in full, before the CAU; (2) Complying with, scheduling and creating ECFs, and submitting evidence for hearings; and (3) Ensuring that their oral and written arguments, statements, and evidence submitted to the Department of Finance are correct. (iii) An employee who knows or has reason to believe that a respondent has made a factual error in or omission from a document submitted at or prior to the hearing must advise the respondent promptly of such error or omission. An employee must urge the applicant to correct the error and promptly submit the corrected information. (iv) Employees must not file an application, submit a document, or present testimony or other evidence that is obviously false, or that the employee knows or has reason to believe is false, fraudulent, or contains false information. (v) Employees must not make any statement or fail to disclose any fact in any situation where such employee knows or has reason to know such statement or failure to disclose information will mislead the ALJ at a hearing. (vi) Employees must not present a demand or an opinion of fact or law to the ALJ at a hearing unless the employee holds it in good faith and can support it on reasonable grounds. (vii) An employee must not sign an application in the name of the applicant. An employee signing an application pursuant to an employee authorization form must sign in the employee's own name. (viii) Employees must not attempt to initiate conversations or correspondence about particular cases with the ALJ before or after the hearing. At the hearing employees must discuss the scheduled matters only. Employees must not telephone, write, email, or otherwise communicate with the ALJ or other employees of the Department of Finance before or after the hearing with additional arguments. (ix) Employees must not attempt to influence any ALJ or employee of the Department of Finance by the use of threats, false accusations, intimidation or coercion; promises of advantage; or the presenting or offer of any gift, favor or thing of value. An employee must report promptly any such acts of which the employee is aware to the New York City Department of Investigation. (x) Employees must not engage in disrespectful conduct when communicating with an ALJ regarding Parking Violations Bureau business at any time through means including, but not limited to, using abusive language or disrupting a hearing. (xi) Employees must not go into any non-public service area unless accompanied or authorized by a manager or supervisor and they must not operate any PVB terminal or other equipment at any time. (xii) Employees must not request any Department of Finance clerical staff to perform non-routine tasks. All such requests must be addressed directly to and approved by the CAU Manager. "Non-routine" means anything out of the regular processing stream. (9) Penalty for violation of these rules. Any employee who willfully or repeatedly violates these rules may be barred from representing their employer at PVB in any capacity. The Commissioner may, after providing notice to the employee and an opportunity to be heard, suspend the employee for any period up to life from appearing before the Department of Finance in any capacity, except that the employee may appear on parking violations issued in the employee’s name. Such notice will inform the employee of the reasons for the proposed suspension and that the employee has the right to present information as to why the employee should not be suspended to the Commissioner, or their designee, within 10 business days of delivery of notice by hand or 15 business days of the posting of notice by mail. Any suspension will apply solely to the employee unless the Department of Finance has evidence either that the standard practice of the employer was to commit infractions in its interactions with the Department of Finance regardless of the employee involved or that the employer had knowledge of the employee’s infractions and did not inform the Department of Finance. (c) Unpaid representatives. (1) Definitions. Unpaid representative. An "unpaid representative" is a person who: (i) is not the owner or operator of the summonsed vehicle; (ii) represents another person or firm; (iii) is not a broker (as defined in 19 RCNY § 39-09(a)(1)) or employee (as defined in 19 RCNY § 39-09(b)(1)); (iv) is not representing the respondent as an attorney; and (v) receives no fee or other payment for representing respondents at PVB. (2) Authorization for summonses not in judgment. Prior to any hearing involving summonses not in judgment, an unpaid representative must file with the Department of Finance a signed and notarized designation from the respondent that the representative is authorized to represent the respondent. (3) Authorization for summonses in judgment. An unpaid representative may not have a hearing on summonses in judgment unless they submit to the Department of Finance a notarized Request for Hearing After Judgment, signed by the registrant of the summonsed vehicle and duly acknowledged before a Notary Public. (d) Additional CAU procedures. (1) In addition to any other procedures set forth in this subchapter, the following procedures shall apply to hearings at which respondents, employees, brokers, unpaid representatives, or any other representatives appear before CAU: (i) All decisions rendered by ALJs at CAU hearings shall be expressed in the form of an alpha numeric reason code from a list of alpha numeric reason codes as determined and maintained by PVB. Each alpha numeric reason code shall consist of an alpha numeric prefix constituting the defenses to a summons provided by a respondent and an alpha numeric suffix constituting the determination rendered by the ALJ. Notwithstanding the foregoing, an ALJ may provide additional information establishing the basis of the ALJ’s decision. (ii) Except as otherwise provided by law, all evidence submitted in any form at CAU hearings will be retained by CAU. CAU is not required to produce copies or certified true copies of any evidence submitted at CAU hearings. (2) Respondents, Brokers, unpaid representatives, and any other representatives who appear before CAU must consolidate at least the minimum number of summonses authorized by the Director into one ECF for hearing or appeal. Such minimum number of summonses shall be determined by the Director based on the needs of the Bureau, and shall include a consideration of due process, efficiency, workload, staffing, volume of outstanding ECFs and other resources. Where the total number of outstanding summonses pending hearing or appeal against a respondent is less than such minimum number, such minimum number will be deemed to be the total number of summonses pending hearing or appeal, as applicable. (3) For the purpose of this subdivision: (i) The term “broker” has the meaning set forth in paragraph (1) of subdivision (a) of this section. (ii) The term “employee” has the meaning set forth in paragraph (1) of subdivision (b) of this section. (iii) The term “unpaid representative” has the meaning set forth in paragraph (1) of subdivision (c) of this section. (Amended City Record 8/19/2015, eff. 9/18/2015; amended City Record 8/3/2018, eff. 9/2/2018; amended City Record 3/13/2024, eff. 4/12/2024*) * Editor's note: Section 38 of the rule adopted on March 13, 2024, provides: This rule takes effect on the earliest effective date authorized by subdivision f of section 1043 the Charter, provided that: (a) For respondents who have at least 10,000 summonses against them that have not been adjudicated or otherwise satisfied, application of the amendments to 19 RCNY § 39-09(a)(4) made by section 15 of this rule and the amendments to 19 RCNY § 39-09(b)(4) made by section 22 of this rule shall be delayed two additional months for each such set of 10,000 unadjudicated or otherwise unsatisfied summonses; and (b) Any such delay authorized pursuant to subdivision a of this section shall not exceed a total of twelve months.

19 RCNY § 39-10 Decisions and Judgments.

§ 39-10 Decisions and Judgments. (a) Rendering of decision. The administrative law judge shall make a determination on the charges, either sustaining or dismissing them. (b) Examination of prior parking record. (1) The administrative law judge shall not examine the respondent's parking violations record prior to making a determination on the charges, without the respondent's consent. (2) Where a determination has been made sustaining the charges, the administrative law judge may examine the respondent's parking violations record prior to fixing fines and assessing penalties and fees. (c) Final determination. Upon the making of a determination sustaining the charges and the fixing of fines and assessment of penalties or a determination dismissing the charges, the administrative law judge shall cause a final determination to be rendered incorporating such fines and penalties, if any. The Department of Finance will retain the original final determination and will transmit a copy of the final determination to the respondent. (d) Default judgments. (1) Where a respondent has failed to plead within the time allowed or to appear for a hearing, or on any subsequent adjourned date, a default judgment sustaining the charges, fixing the fine and, in appropriate cases, assessing penalties and fees, may be entered against said respondent. (2) Before such a default judgment is rendered, the Bureau shall notify the respondent by such form of first class mail as the Director may determine that a violation is outstanding, of the impending default judgment, and that such judgment may be avoided by entering a plea or making an appearance within thirty days of such notice. Failure or refusal to accept or claim such mail shall be deemed adequate notice for purposes of penalties and entry of a default judgment against the respondent. (e) Non-residents. (1) Notice of an impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the State of New York. (2) Registered owners of vehicles registered elsewhere than the State of New York shall be deemed to be non-residents of the State of New York. (f) Limitations. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or making an appearance. (g) Entry and filing of judgments. Any judgment rendered, whether after hearing or by default, shall be entered on a judgment roll maintained by the Bureau. A copy of the judgment roll may be filed and recorded in the Office of the Clerk of the Civil Court of the City of New York, or the Office of the Clerk of the county in which the respondent resides or such other county as the Bureau may determine. (h) Procedure following entry of judgments. (1) All judgments are to be paid immediately upon entry. (2) In the case of judgments rendered after hearing, the respondent must pay such judgments in full immediately. However, for good cause shown, the Director or their designee may extend the time for such payment or set conditions therefor. (3) Default judgments shall be paid in full by or on behalf of the respondent within seven days of the date of entry of such judgments. Nothing in this paragraph shall be construed to limit the Bureau's rights under law to collect such judgments. (i) Opening of defaults. A default judgment may be opened within one year of its entry only upon written application showing excusable neglect and a substantial defense to the charge. Such application shall be presented to an administrative law judge, senior administrative law judge or supervising administrative law judge. (j) Vacatur of dismissals procured by knowing misconduct. (1) 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 their agent, employee or representative may be set aside by an administrative law judge as hereinafter provided. (2) 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 their agent, employee or representative. Such notice shall fix a time when and place where a hearing shall be held before an administrative law judge 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 subdivision and that a default judgment may be entered thereon. (3) Upon a finding by an administrative law judge 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 their 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 administrative law judge may impose monetary penalties for the charged parking violation of up to three times the scheduled fine for the violation pursuant to 19 RCNY § 39-05 and three times the additional penalties that may be imposed for failure to respond to a notice of violation pursuant to 19 RCNY § 39-07. The administrative law judge shall also impose, without multiplying, the surcharge authorized by section 1809-a of the Vehicle and Traffic Law. For purposes of determining the amount of such additional penalties, the administrative law judge 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 subdivision to set aside a determination and to impose penalties for the violation, it shall not be necessary for the administrative law judge to find that the owner personally committed the unlawful acts that procured the dismissal of the violation. (4) Failure to appear at the hearing in response to a notice issued pursuant to this subdivision, or to pay, within 7 days, the amount assessed by an administrative law judge pursuant to paragraph 3, 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 paragraph 3 of this subdivision. (5) A default judgment pursuant to paragraph 4 of this subdivision may be entered more than two years after the expiration of the time prescribed pursuant to subdivision (f) of this section, but no more than two years after the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the dismissal was procured by fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation by the respondent or by their agent, employee or representative. (6) The respondent and the City of New York shall have the right to appeal from any adverse decision in accordance with the appeal procedure set forth in 19 RCNY § 39-12. (Amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-11 Liability.

§ 39-11 Liability. (a) Operators and owners. (1) The operator of a vehicle shall be liable for the fines or penalties imposed pursuant to 19 RCNY §§ 39-05, 39-06 and 39-07. (2) Except as otherwise provided in 19 RCNY § 39-11(b), the owner of the vehicle, even if not the operator, shall be jointly and severally liable with the operator if such vehicle was used or operated with the permission of the owner, express or implied. (b) Lessors and lessees. (1) The lessor of a motor vehicle shall not be liable for the fines and penalties imposed by 19 RCNY §§ 39-05, 39-06 and 39-07 if prior to the issuance of a notice of a violation against the vehicle, the lessor has registered the vehicle with the Bureau as hereinafter provided, has paid the required filing fee provided for in paragraph (6) of this 19 RCNY § 39-11(b) and has otherwise complied with the provisions of this 19 RCNY § 39-11(b), and section 239 of the Vehicle and Traffic Law. (2) A lessor may register a vehicle with the Bureau by filing with the Bureau the following information: (i) Plate number (ii) Plate type (iii) State of registration. Where more than one party meet the definition of the term "Lessor" set forth in 19 RCNY § 39-01, then each such party is required to co-register. Such co-registrants may designate one of them for the service of notices given by the Bureau or elect to receive each notice separately (iv) Lessor's legal name and the address at which it does business (v) A statement from the lessor indicating whether and how it will inform the lessee of the lessee incurring a parking violation once the lessor is notified by the Department of the issuance of the parking violation. Such statement should indicate whether the lessor plans to collect parking violation amounts from the lessee (vi) Such bank and credit information of the lessor as required by the Bureau. (3) Any information required or permitted to be furnished under this 19 RCNY § 39-11(b) shall be on forms prescribed by the Bureau. Information will also be accepted by the Bureau if filed on magnetic tape or other recording media in a format prescribed by the Bureau. If requested by a lessor, the Bureau will give notices or provide other information to a lessor on magnetic tape or other similar media in a format prescribed by the Bureau. (4) Lessor shall file the vehicle registration by first class mail to a post office box or shall personally deliver the registration to the office designated by the Bureau. Payment of the required filing fee shall be made by delivery of a check or money order payable to the "Parking Violations Bureau." (5) A vehicle shall be deemed registered on the "effective date" of the filing of the registration as follows: (i) For the primary filing: (A) If the plate registration and the annual filing fee is received by the Bureau in connection with the lessor's primary filing at least 30 days prior to the commencement of the fiscal year, the effective date shall be the first day of the fiscal year. (B) If the plate registration and the annual filing fee in connection with the lessor's primary filing, is received by the Bureau less than 30 days prior to the commencement of the fiscal year, the effective date of such filing shall be 30 days from such date. However, the Bureau may designate an earlier date as the effective date of such filing. (ii) For a filing other than a primary filing: If the plate registration and the required filing fee is received by the Bureau during any month, the effective date shall be retroactive to the first day of that month. The Bureau shall notify the lessor of the effective date of filing of the registration. (6) The annual filing fee for each vehicle registration shall be twelve dollars for each fiscal year. If a lessor files a plate registration during the fiscal year, the filing fee shall be reduced at the rate of one dollar per month from the commencement of the fiscal year to the effective date of registration. The Bureau shall notify the lessor of receipt of the filing fee. Lessors shall not be entitled to a refund, credit or other reduction of filing fees for registrations withdrawn from service, destroyed, or surrendered during the fiscal year. (7) Within 90 days after issuance of a Notice of Violation to a vehicle registered with the Bureau hereunder, the Bureau will give notice of such issuance to the lessor. Such notice will be given by first class mail or by personal delivery to the lessor's address on file with the Bureau. Within 37 days after receipt of the notice of outstanding violations, the lessor shall provide to the Bureau the name and address of the lessee. For the purpose of determining lessor's time to provide the information required hereunder, the lessor shall be presumed to have received the notice of the outstanding violations from the Bureau five days after such notice is mailed or delivered by the Bureau unless the lessor can demonstrate that such notice was actually received on a later date. (8) In addition to the information required under paragraph (7) of this 19 RCNY § 39-11(b), upon the specific request from the Bureau, the lessor shall provide to the Bureau any or all of the following: (i) The name and address of a lessee's employer and or billing address where contained in the rental agreement or lease; (ii) A copy of the rental agreement or lease; (iii) Such credit information about a lessee where contained in the rental agreement or lease; (iv) A copy of the motor vehicle registration as filed with the State Motor Vehicle Department; (v) The vehicle identification number. (9) If the lessor elects to pay the fine and penalty for a violation issued against a vehicle registered under this 19 RCNY § 39-11(b) and such payment is received by the Bureau within 37 days after the lessor received notice of the outstanding violations, and if the Bureau subsequently collects the fine and penalty from the operator or lessee who is liable therefore, the Bureau shall refund to the lessor the amount received from such operator or lessee, less the Bureau's costs of collection. (10) The Bureau shall give notice to a lessor if a notice of outstanding violation mailed to the name and address of a lessee provided by the lessor is returned to the Bureau by the United States postal authorities. The name and address provided by the lessor previously furnished to the Bureau shall be presumed to be an incorrect name and address unless the lessor shall furnish proof satisfactory to the Bureau, within 60 days after the lessor has received notification of said incorrect name and address, that the lessor has previously furnished the correct name and address. A copy of the rental agreement or lease setting forth the name and address previously furnished shall conclusively rebut the foregoing presumption. (11) A lessor shall not be liable for a fine or penalty issued to any vehicle if such vehicle has been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. A sworn statement that the vehicle has not been recovered at the time of such violation, together with the police alarm number or a certified copy of the police report of the stolen vehicle, shall be sufficient to abate any liability imposed hereunder. (12) After a lessor provides to the Bureau the name of the lessee, the Bureau shall give notice to the lessee of the outstanding violation and the entry of a default judgment by first class mail and otherwise in accordance with the provisions of section 241 of the Vehicle and Traffic Law. (13) If a lessor has registered a vehicle with the Bureau, it shall be liable for fines and penalties if: (i) The lessor fails to provide the name and address of the lessee or otherwise fails to respond by requesting a hearing or by payment of the original fine within 37 days after the lessor receives a notice of outstanding violation from the Bureau; (ii) the lessor willfully and wrongfully provides fraudulent or incorrect information to the Bureau. (14) Penalties. (i) In the event a lessor fails to provide the information specifically requested by the Bureau, under 19 RCNY § 39-11(b)(8), within 60 days of the request or in the event the lessor fails to comply with 19 RCNY § 39-11(b)(13), then the Bureau shall send a notice stating that the lessor is liable for the original fine and mandatory five dollar surcharge. If payment of the original fine and mandatory five dollar surcharge is not made within the time prescribed in said notice, which shall not be less than 30 days, the lessor shall be liable for penalties as prescribed in 19 RCNY § 39-07 as if the vehicle had not been registered with the Bureau pursuant to this subdivision on the date of the summons. (Amended City Record 4/26/2017, eff. 5/26/2017)

19 RCNY § 39-12 Appeals.

§ 39-12 Appeals. (a) Appeals Board – powers. (1) There shall be an Appeals Board within the Bureau which will consist of three or more persons duly qualified as Administrative Law Judges, Senior Administrative Law Judges, or Supervising Administrative Law Judges, as the Director shall determine, but in no event shall the Administrative Law Judge from whose decision the appeal is taken be included in the panel determining said appeal. (2) The Appeals Board may review the facts and the law in any matter and, except in the interests of justice and upon consent of the respondent, shall not consider any evidence which was not presented to the administrative law judge. A concurring vote by two members of the Appeals Board panel will be required to make a determination on an appeal. (3) Appeals shall be from final determinations or from decisions denying applications to open defaults, or from decisions to vacate dismissals, only. No intermediate appeals shall be allowed, but all claimed errors shall be deemed to be incorporated in the decision appealed from. (b) (1) A respondent aggrieved by the decision of an administrative law judge upon a plea of denying liability, may obtain a review thereof by serving upon the Bureau, within thirty days of the entry of such decision, a notice of appeal setting forth the reason why the decision should be reversed or modified. The notice of appeal shall be in such form and filed at such place as may be prescribed by the Director. No appeal may be had from a plea of guilty, which has been entered at the hearing. (2) The filing of a notice of appeal shall not stay the enforcement of a final determination, unless so directed by the Appeals Board on written application or unless the respondent, on or before the filing of a notice of appeal, shall have posted a cash or recognized surety company bond in the full amount of the final determination appealed from. In lieu thereof, the respondent may pay the fines and penalties assessed, subject to reimbursement thereof in appropriate circumstances. (3) The requirement of service of a notice of appeal within thirty days of the entry of the decision may be waived in the interest of justice by the Director or a Senior or Supervising Administrative Law Judge designated for such purpose. If granted, such waiver shall be conditioned upon service of a notice of appeal within 30 days of the waiver, unless such notice has already been served. (c) Briefs. (1) Briefs shall not be required. If the respondent desires to file a brief, it shall be in such form and number of copies as prescribed by the Director. (2) In the event a respondent desires to file a brief, it shall be so indicated on the face of the notice of appeal. (3) Briefs shall be filed in the same manner as notices of appeal, at the time of the filing of the notice of appeal, unless the time to do so is extended by the Appeals Board for good cause. Failure to file briefs within the time allowed shall be deemed an abandonment of the appeal. (d) Hearing of appeals. (1) Appeals shall be heard upon the record of the hearing before the administrative law judge (if provided), the notice of appeal and such briefs as the respondent may file. The Appeals Board may request or accept briefs on behalf of other interested parties or by amici curiae. All appeals shall be submitted to the Appeals Board without oral argument, unless such oral argument is expressly requested by the appellant, or their attorney in the notice of appeal, and upon compliance with the rules and regulations of the Bureau. Procedures for oral argument and application therefor, shall be prescribed by the Director. (2) The Bureau shall notify the respondent, either personally or by ordinary first class mail, of the date, time and place of such appearance. Failure or refusal to accept or claim such mail shall be deemed an abandonment of the appeal. (e) Determinations. (1) Within sixty days or a period of time determined by the Director pursuant to paragraph (2) of this subdivision, as applicable, after the filing of the notice of appeal, respondent’s briefs or completion of oral argument, whichever date shall come last, the Appeals Board shall render its determination in writing. A copy of such determination shall be sent by ordinary mail or another method deemed appropriate by the Director to the respondent or their counsel. (2) If the Director determines that the 60-day period set forth in paragraph (1) of this subdivision is inadequate, the Director may establish a longer period based on considerations of due process, efficiency, workload, staffing and other resources. (f) Finality. The determination of the Appeals Board shall be the final determination of the Bureau. (g) Abandonment of appeals. (1) Failure by any Respondent-Appellant to furnish or supply any relevant material required to process their appeal, within thirty days of a request by the Bureau therefor shall be deemed an abandonment of such appeal. (2) Appeals which are abandoned shall be automatically dismissed. The Director may prescribe procedures for such dismissal. (Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-13 Certification to Motor Vehicle Commissioner.

§ 39-13 Certification to Motor Vehicle Commissioner. (a) Certification of final determinations. In the event a respondent shall have failed to comply with the provisions of 19 RCNY § 39-10(h) in connection with final determinations or judgments entered on three or more summonses served within a period of eighteen months, the Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York. (b) Notification to respondent. Upon such certification, the Bureau shall notify the respondent by registered or certified mail, return receipt requested, that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of respondent's vehicle until proof is provided that the respondent has complied with the provisions of 19 RCNY § 39-10(h) in connection with all judgments or Final Determinations for which the respondent is liable.

19 RCNY § 39-14 Computing Times.

§ 39-14 Computing Times. (a) Computation. (1) In computing the period of time to perform any act under these rules, the first day on which an act may be performed, e.g. the date of issuance of the notice of violations (summons) shall not be included but the last day of the period shall be included unless it is a Saturday, Sunday, or holiday, in which event the period shall be extended until the next business day. (2) A holiday is any day appointed as such by the President or Congress of the United States, the Governor or Legislature of the State of New York or the Mayor or Council of the City of New York. (b) Additional period for mailing. In computing any times under this chapter, an additional three days shall be added if mail is used. (c) Notwithstanding subdivisions (a) and (b) of this 19 RCNY § 39-14, the payment or response required by 19 RCNY § 39-04(a) must be received by the due date. (d) Extensions. The period of time in which any act required by this chapter is to be performed, may be extended by the Director or thier designees for good cause, prior to the expiration of the original time period. (Amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-15 Mail Proceedings.

§ 39-15 Mail Proceedings. (a) Adjudication by mail. The Director may denominate certain classes of alleged violations as appropriate for adjudication by mail and may prescribe procedures for such adjudication. (b) Mail and telephone inquiries. The Director may prescribe procedures for the handling of mail and telephone inquiries by the public, the places or numbers to which such inquiries are to be made and the responses thereto.

19 RCNY § 39-16 Severability.

§ 39-16 Severability. If any provision of this chapter or the application of such provision to any person or circumstances shall be held unconstitutional or invalid, the constitutionality or validity of the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.

19 RCNY § 39-17 Red Light Violation Monitoring Program.

§ 39-17 Red Light Violation Monitoring Program. (a) Liability. The liability of an owner pursuant to § 1111-a of the Vehicle and Traffic Law for a violation of subdivision (d) of § 1111 of such law shall be $50.00. (b) Additional penalties. An additional penalty of $25.00 may be assessed where the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability. (c) Notice of liability. The notice of liability shall be in accordance with § 1111-a of the Vehicle and Traffic Law and in such form and substance as prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The Parking Violations Bureau will adjudicate liability imposed upon owners pursuant to § 1111-a of the Vehicle and Traffic Law under § 19-210 of the Administrative Code. (e) Effective dates. This section shall remain in effect for as long as § 1111-a of the Vehicle and Traffic Law shall remain in effect. (Amended City Record 7/28/2022, eff. 8/27/2022)

19 RCNY § 39-18 Bus Lane Restriction Program.

§ 39-18 Bus Lane Restriction Program. (a) Liability. The liability of an owner pursuant to § 1111-c of the Vehicle and Traffic Law shall be $50.00 for a first violation within a twelve-month period, $100.00 for a second violation within a twelve-month period, $150.00 for a third violation within a twelve-month period, $200.00 for a fourth violation within a twelve-month period, and $250.00 for each subsequent violation within a twelve-month period. For the purposes of this subdivision, the twelve-month period is defined as the twelve months going backwards from the date of the most recent violation. (b) Additional penalties. An additional penalty of $25.00 may be assessed where the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability. (c) Notice of liability. The notice of liability will be in accordance with § 1111-c of the Vehicle and Traffic Law and in such form and substance as prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The Parking Violations Bureau will adjudicate liability imposed upon owners under § 1111-c of the Vehicle and Traffic Law. (e) Effective dates. This section will remain in effect for as long as § 1111-c of the Vehicle and Traffic Law will remain in effect. (Amended City Record 7/1/2017, eff. 7/1/2019; amended City Record 9/18/2019, eff. 10/18/2019; amended City Record 7/28/2022, eff. 8/27/2022; amended City Record 7/11/2024, eff. 8/10/2024)

19 RCNY § 39-19 Hearings by Website and Virtual but Contemporaneous Videographic Adjudication Methods.

§ 39-19 Hearings by Website and Virtual but Contemporaneous Videographic Adjudication Methods. (a) The Director may determine certain classes of alleged violations as appropriate for adjudication electronically through the Department of Finance website or using of virtual but contemporaneous videographic means through the Department of Finance website or another website designated by the Department of Finance and may prescribe procedures for such adjudication. (b) Notwithstanding any other provision of this Chapter, the Director may establish a virtual hearing pilot program, whereby the Director designates a certain number or percentage of summonses as eligible to be adjudicated through virtual but contemporaneous videographic adjudication methods in order to test the efficacy of such methods. The Director may further limit such pilot program to summonses that are adjudicated in one or more special purpose hearing parts or other programs operated by PVB. Upon a written determination by the Director, such pilot program will terminate, and the Director shall determine whether and how to conduct virtual but contemporaneous videographic adjudication methods in accordance with the procedures set forth in 19 RCNY § 39-08(b)(3). (Amended City Record 3/13/2024, eff. 4/12/2024)

19 RCNY § 39-20 Reduction of Fine Program.

§ 39-20 Reduction of Fine Program. (a) Cessation of program. The Reduction of Fine Program, in which a respondent was offered the opportunity to plead guilty and request the reduction of the fine for certain types of violations, will not be offered after January 31, 2012. (b) Types of violations for which the program was available. The program was available for violations for: (1) No standing (2) No parking (3) Parking meter (4) Double parking; and (4) Status (e.g., expired registration, overdue for inspection) (c) Types of violations for which the program was not available. Notwithstanding subdivision (b) of this section, this program was not available in the following circumstances: (1) for summonses that were issued more than one hundred days prior to the plea and that were in judgment (2) if the respondent had a prior hearing or settlement of the violation (3) for any of the following violations: (i) no stopping (ii) handicapped violations (iii) parking at a fire hydrant (iv) traffic lane violation (v) bicycle lane violation (vi) sidewalk violation (v) crosswalk violation (vi) engine idling violation (vii) blocking an intersection (viii) safety zone violation; and (ix) pedestrian ramp violation. (d) The provisions of this section will not affect the Program of Stipulated Fines for Vehicles Enrolled in the Fleet Program pursuant to 19 RCNY § 39-03.1.

19 RCNY § 39-21 Photo Speed Violation Monitoring System.

§ 39-21 Photo Speed Violation Monitoring System. (a) Liability. A vehicle owner who is liable for a violation pursuant to § 1180-b of the Vehicle and Traffic Law will be liable for a penalty of $50.00 for each such violation. (b) Additional penalties. If the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability, an additional penalty of $25.00 may be assessed pursuant to subdivision (e) of § 1180-b of the Vehicle and Traffic Law. (c) Notice of liability. The notice of liability must be in accordance with the requirements of subdivision (g) of § 1180-b of the Vehicle and Traffic Law and in such form and substance as prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The Parking Violations Bureau will adjudicate liability imposed upon owners under § 1180-b of the Vehicle and Traffic Law. (e) Effective date. This section will remain in effect for as long as § 1180-b of the Vehicle and Traffic Law shall remain in effect. (Amended City Record 7/28/2022, eff. 8/27/2022)

19 RCNY § 39-22 Weigh-in-Motion Violation Monitoring System.

§ 39-22 Weigh-in-Motion Violation Monitoring System. (a) Liability. The liability of an owner pursuant to § 385-a of the Vehicle and Traffic Law for a violation of § 385 of such law shall be $650.00 for each such violation. (b) Additional penalties. If the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability, an additional penalty of $25.00 may be assessed pursuant to subdivision (e) of § 385-a of the Vehicle and Traffic Law. (c) Notice of liability. The notice of liability must be in accordance with the requirements of subdivision (g) of § 385-a of the Vehicle and Traffic Law and in such form and substance as prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The Parking Violations Bureau will adjudicate liability imposed upon owners for violations occurring within the city of New York pursuant to § 385-a of the Vehicle and Traffic Law. (e) Effective dates. This section will remain in effect for as long as § 385-a of the Vehicle and Traffic Law shall remain in effect. (Added City Record 7/28/2022, eff. 8/27/2022; amended City Record 5/14/2026, eff. 6/13/2026)

19 RCNY § 39-23 School Bus Camera Violation Monitoring System.

§ 39-23 School Bus Camera Violation Monitoring System. (a) Liability. The liability of an owner pursuant to § 1174-a of the Vehicle and Traffic Law shall be $250.00 for a first violation within an eighteen-month period, $275.00 for a second violation within an eighteen-month period, and $300.00 for a third or subsequent violation within an eighteen-month period. For the purposes of this subdivision, the “eighteen-month period” is defined as the eighteen months going backward from the date of the most recent violation. (b) Penalty. If the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability, a penalty of $25.00 may be assessed pursuant to subdivision (e) of § 1174-a of the Vehicle and Traffic Law. (c) Notice of liability. The notice of liability must be in accordance with the requirements of subdivision (g) of § 1174-a of the Vehicle and Traffic Law and in the form and substance prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The New York City Parking Violations Bureau will adjudicate liability imposed upon owners pursuant to § 1174-a of the Vehicle and Traffic Law. (e) Effective date. This section shall remain in effect for as long as § 1174-a of the Vehicle and Traffic Law shall remain in effect. (Added City Record 10/3/2023, eff. 11/2/2023)

19 RCNY § 39-24 Bus Operation-Related Traffic Regulation Program.

§ 39-24 Bus Operation-Related Traffic Regulation Program. (a) Liability. The liability of an owner pursuant to § 1111-c-1 of the Vehicle and Traffic Law shall be $50.00 for a first violation within a twelve-month period, $100.00 for a second violation within a twelve-month period, $150.00 for a third violation within a twelve-month period, $200.00 for a fourth violation within a twelve-month period, and $250.00 for each subsequent violation within a twelve-month period. For the purposes of this subdivision, the twelve-month period is defined as the twelve months going backwards from the date of the most recent violation. (b) Additional penalties. An additional penalty of $25.00 may be assessed where the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability. (c) Notice of liability. The notice of liability will be in accordance with § 1111-c-1 of the Vehicle and Traffic Law and in such form and substance as prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The Parking Violations Bureau will adjudicate liability imposed upon owners under § 1111-c-1 of the Vehicle and Traffic Law. (e) Effective dates. This section will remain in effect for as long as § 1111-c-1 of the Vehicle and Traffic Law will remain in effect. (Added City Record 7/11/2024, eff. 8/10/2024)

19 RCNY § 39-25 Highway Construction or Maintenance Work Area Speed Camera Violation Monitoring System.

§ 39-25 Highway Construction or Maintenance Work Area Speed Camera Violation Monitoring System. (a) Liability. The liability of an owner pursuant to § 1180-e of the Vehicle and Traffic Law shall be $50.00 for a first violation within an eighteen-month period, $75.00 for a second violation within an eighteen-month period, and $100.00 for a third or subsequent violation within an eighteen-month period. For the purposes of this subdivision, the term “eighteen-month period” is defined as the eighteen months going backward from the date of the most recent violation. (b) Additional penalty. If the owner fails to make payment or contest the liability within thirty days after the mailing of the notice of liability, an additional penalty of $25.00 may be assessed pursuant to subdivision (e) of § 1180-e of the Vehicle and Traffic Law. (c) Notice of liability. The notice of liability must be in accordance with the requirements of subdivision (g) of § 1180-e of the Vehicle and Traffic Law and in the form and substance prescribed by the director of the New York City Parking Violations Bureau. (d) Adjudication. The New York City Parking Violations Bureau will adjudicate liability imposed upon owners for violations occurring within the city of New York pursuant to subdivision (h) of § 1180-e of the Vehicle and Traffic Law. (e) Effective date. This section shall remain in effect for as long as § 1180-e of the Vehicle and Traffic Law shall remain in effect. (Added City Record 5/14/2026, eff. 6/13/2026)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-40773Fetched: 10/24/2026