Proposed Rule Amendments for the Parking Violations Fleet Program
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
The Fleet Program of the New York City Department of Finance is a voluntary program that was established to assist companies with two or more commercial vehicles, used exclusively for the delivery of goods or services, in managing their parking summonses by providing them with weekly listings of new summonses issued to any of the company’s vehicles with plates registered in the program. An enrolled company is allowed a period of forty-five days to resolve a summons by either paying the summons at a base fine, or by obtaining a hearing, without incurring penalties.
A company enrolled in the Fleet Program that makes expeditious pick-ups, deliveries and/or service calls may also enter into the Stipulated Fine Program. Companies enrolled in the Fleet Program that are not eligible for the Stipulated Fine Program may enter into the Commercial Abatement Program if they meet the criteria set out in this rule. In both the Stipulated Fine Program and the Commercial Abatement Program, the enrolled company agrees to waive the right to contest parking summonses and agrees to pay reduced parking fines provided in a contractual fine schedule.
These proposed amendments update the rules relating to parking violations with respect to the Fleet Program, the Stipulated Fine Program, and the Commercial Abatement Program by:
· Removing the word “free” from the definition of the Fleet Program
· Amending the definition of “commercial organization” to clarify that it refers to business entities
· Adding definitions of “business entity,” “long-term lease,” “stipulated fine program” and “commercial abatement program”
· Changing from two to one the minimum number of vehicles that a company can enroll in the Fleet Program
· Clarifying that a company that is enrolled in the Fleet Program remains liable for any summons issued to an enrolled vehicle even if the vehicle is not registered to the company, until enrollment for the vehicle is terminated
· Clarifying that vehicles with either commercial or non-commercial license plates may be enrolled in the Fleet Program, but that only vehicles with commercial license plates can be enrolled in the Stipulated Fine Program or the Commercial Abatement Program
· Providing that leased vehicles can be enrolled in the Fleet Program only if the lease is a long-term lease and only if the lessor and lessee are business entities, not individuals
· Changing the date from which the 45-day period to resolve a parking summons begins, from the date of issuance of the computer-generated log of a company’s summonses, to the Department of Finance system entry date for the summons
· Establishing that the failure of a company to satisfy summonses that have entered judgment status and total in the aggregate more than $350 will result in termination of the company’s enrollment in the Fleet Program
· Providing that a company may enroll in the Fleet Program only by executing an enrollment agreement using a form or format established by the Commissioner of Finance
· Establishing that if a company that is enrolled in the Stipulated Fine Program fails to satisfy summonses that enter judgment status, and total in the aggregate, including interest, more than $350, the outstanding summonses will be subject to enforcement actions, the company will be responsible for the full unreduced fine amounts, the company will not be permitted to adjudicate any such outstanding summons, and the company’s enrollment in the Stipulated Fine Program will be terminated
· Providing the schedule of penalties applicable to companies enrolled in the Stipulated Fine Program for the failure to pay a stipulated fine in a timely manner
· Adding a section that describes the Commercial Abatement Program, including eligibility criteria, terms of the program, and the consequences of a failure to pay fines in a timely manner.
The Department of Finance’s authority for these rules is found in Vehicle and Traffic Law §237, New York City Administrative Code §19-203, and New York City Charter §§ 389(b) and 1043.