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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Friday, January 3, 2020
Proposed Rules Content: 

Section 19-203(b) of the Administrative Code of the City of New York allows DOF to provide for penalties for parking violations. The Department’s rule in 19 RCNY § 39-05 (“Rule 39-05”) codifies all fines pertaining to parking violations issued in violation of 34 RCNY §§ 4-08 and 4-10. DOF collects and processes these fines, remitting the fines to the Commissioner. Currently, the fine for parking in violation of officially posted street cleaning rules as set forth in 34 RCNY § 4-08(d)(1) is $50 in the “Restricted Area,” which is Manhattan from 96th Street and south, between the Hudson and East Rivers. The fine for street cleaning violations outside the Restricted Area is $30. There is a need for greater enforcement to clear vehicles from these parking zones in Northern Manhattan and the other four boroughs in New York City to permit efficient and effective street cleaning.  Making the fines inside and outside the Restricted Area the same citywide will encourage motorists to move their vehicles out of these zones in Northern Manhattan and the other four boroughs so that DSNY equipment can operate more effectively and efficiently in order to meet its goal of providing clean streets in these neighborhoods for New York City residents and workers.

Subject: 

.Standardizing Fines for Street Cleaning Parking Violations

Location: 
NYC Department of Finance, Legal Affairs Division
375 Pearl Street
New York, NY 10038
Contact: 

Sign up before the hearing by calling Joan Best at (718) 748-7214, or submit comments through the NYC rules website website: http://rules.cityofnewyork.us. or email comments to loewenbergerj@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 375 Pearl Street 30D, New York, NY, 10038, Attn: Jeremy Loewenberger. Also you can fax comments to NYC Department of Finance, Attn. Jeremy Loewenberger at 212-748-6981.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE
Section 19-203(b) of the Administrative Code of the City of New York allows the Department to provide for penalties for parking violations. The Department’s rule in 19 RCNY § 39-05 (“Rule 39-05”) codifies all fines pertaining to parking violations issued in violation of 34 RCNY §§ 4-08 and 4-10. The Department collects and processes these fines, remitting the fines to the Commissioner.

This rule is being amended to correct certain cross-references concerning certain parking violations as defined in Rule 39-05.

Effective Date: 
Sat, 08/31/2019

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Monday, July 1, 2019
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE
Section 19-203(b) of the Administrative Code of the City of New York allows the Department to provide for penalties for parking violations. The Department’s rule in 19 RCNY § 39-05 (“Rule 39-05”) codifies all fines pertaining to parking violations issued in violation of 34 RCNY §§ 4-08 and 4-10.

Subject: 

Parking Violations Cross References defined in Rule 39-05

The public hearing is waived pursuant to section 1043(e)(iii) of the New York City Charter (“Charter”) on the ground that it would serve no public purpose.

Contact: 

The public hearing is waived pursuant to section 1043(e)(iii) of the New York City Charter (“Charter”) on the ground that it would serve no public purpose.

• Website. You can submit comments to: http://rules.cityofnewyork.us.
• Email: loewenbergerj@finance.nyc.gov.
• Mail: NYC Department of Finance, Legal Affairs Division, 375 Pearl Street, 30th Floor, New York, NY 10038, Attn: Jeremy Loewenberger
• Fax: (212) 748-6981

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE
Section 19-203(b) of the Administrative Code of the City of New York allows the Department to provide for penalties, other than imprisonment, for parking violations. The Department’s rule in 19 RCNY § 39-05 (“Rule 39-05”) codifies all fines pertaining to parking violations in violation of
34 RCNY § 4-08. The Department adjudicates and then collects and processes these fines, remitting the fines to the Commissioner. The Department cannot collect and process a fine without that fine being specified in Rule 39-05.

This rule is being amended to conform to the rule amendments to 34 RCNY § 4-08 that are being enacted by DOT. The rule amendments to 34 RCNY § 4-08 are being enacted by DOT to update parking provisions to reflect current parking signage and terminology.

The Department’s authority for this rule is found in section 237 of the New York State Vehicle and Traffic Law, section 19-203 of the Administrative Code of the City of New York, and sections 1043 and 1504 of the New York City Charter.

Effective Date: 
Wed, 08/01/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 27, 2017
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 

The Department’s Car Rental Program is a voluntary program that was established to assist vehicle rental companies manage parking summonses issued to vehicles registered in the program. 

 

Currently, the Car Rental Program allows a lessor to enroll a vehicle with the Department in order to transfer the liability for the fines and penalties incurred from parking summonses to the lessee.  Collection and enforcement issues may arise, however, when a vehicle owner leases the vehicle after incurring a large amount of parking summons debt.  The lessor should be responsible for payment of this debt.  However, because State law prohibits judgment creditors from interfering with the rights of a lessee, enforcements efforts, like towing or booting a vehicle, for example, are not possible.

 

The Department is proposing to expand the information that it may require from a lessor of a vehicle when the company that owns the vehicle enrolls or renews their enrollment in the Car Rental Program.  The additional information collected from lessors will assist the Department in collecting unpaid parking summons judgment debt incurred by lessors enrolled in the Car Rental Program.

 

Specifically, the Department proposes adding:

 

·        the lessor’s legal name and address at which it does business;

 

·        a statement from the lessor indicating whether and how the lessor will inform the vehicle lessee that the lessee received a Notice of Violation (summons), including whether the lessor plans to collect fines and penalties originating from a Notice of Violation from the lessee; and,

 

·        the lessor’s bank and credit information.

 

The Department’s authority for this rule is found in section 237 of the New York State Vehicle and Traffic Law, section 19-203 of the Administrative Code of the City of New York, and sections 1043 and 1504 of the New York City Charter.

 

 

New material underlined.

 

[Deleted material is in brackets.].

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

Subject: 

Require additional information when enrolling/renewing in the Parking Violations Bureau Car Rental Program

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Sign up before the hearing by calling Joan Best at (718) 488-2007, or submit comments through the NYC rules website: http://rules.cityofnewyork.us. or email comments to loewenbergerj@finance.nyc.gov. or mail comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: Jeremy Loewenberger. Also you can fax comments to NYC Department of Finance, Attn: Jeremy Loewenberger, at (718) 488-2491.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Fleet Program of the New York City Department of Finance (DOF) is a voluntary program that was established to assist companies with one 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 currently 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. This rule amendment will increase the period of time to resolve a summons to sixty days.  It also clearly sets forth the penalties for failing to pay the fine amounts for summonses the company does not contest in a timely manner.

Effective Date: 
Mon, 03/16/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

The intercity bus industry has grown significantly over the last fifteen years. While intercity buses provide a useful service, their on-street operations can cause serious disruption to the local traffic network and risks to public safety. In certain communities within the City, the proliferation of these buses has led to an increase in traffic and sidewalk congestion; a higher concentration of on-street bus parking, double parking or blocking of travel lanes; and the creation of traffic and safety concerns for drivers, travelers, pedestrians and residents.

 

In an effort to help address these concerns, New York State adopted Vehicle and Traffic Law (VTL) Section 1642-a, which authorized the City to establish an intercity bus permit system inclusive of a schedule of fines or civil penalties for violations of rules related to the system. The Parking Violations Bureau (PVB), a part of the Department of Finance (DOF), is authorized to adjudicate violations of the DOT intercity bus permit system rules pursuant to Section 1642-a and Article 2-B of the VTL. 

 

On April 10, 2013, the Mayor issued a letter designating the DOT to promulgate rules to implement and enforce the intercity bus permit system, and DOT has subsequently promulgated such rules (the “DOT intercity bus permit system rules”), found at 34 RCNY §§ 4-01 and 4-10. The Mayor also designated the DOF and the ECB to promulgate rules setting forth fines or civil penalties for violations of the DOT intercity bus permit system rules.

 

In coordination with the DOT and the New York City Police Department (NYPD), both DOF and ECB intend to establish penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme.  In this rulemaking, DOF will amend 19 RCNY § 39-05 to add civil penalties for such DOT violations returnable to the PVB. Violations of such enforcement codes will result in a civil penalty of $500 for each violation.  It is anticipated that in a separate rulemaking, ECB will amend its DOT penalty schedule to include enforcement codes resulting in a civil penalty for first violations and enhanced penalties for repeat violators of the DOT intercity bus permit system rules, including violators of the DOF enforcement codes. 

 

Effective Date: 
Thu, 10/03/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, January 21, 2014
Proposed Rules Content: 

 

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.

 

Subject: 

Proposed Rule Amendments for the Parking Violations Fleet Program

Location: 
Dept. of Finance Hearing Room, 3rd Floor
345 Adams Street
Brooklyn, NY 11201
Contact: 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, October 3, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

The intercity bus industry has grown significantly over the last fifteen years. While intercity buses provide a useful service, their on-street operations can cause serious disruption to the local traffic network and risks to public safety. In certain communities within the City, the proliferation of these buses has led to an increase in traffic and sidewalk congestion; a higher concentration of on-street bus parking, double parking or blocking of travel lanes; and the creation of traffic and safety concerns for drivers, travelers, pedestrians and residents.

 

In an effort to help address these concerns, New York State adopted Vehicle and Traffic Law (VTL) Section 1642-a, which authorized the City to establish an intercity bus permit system inclusive of a schedule of fines or civil penalties for violations of rules related to the system. The Parking Violations Bureau (PVB), a part of the Department of Finance (DOF), is authorized to adjudicate violations of the DOT intercity bus permit system rules pursuant to Section 1642-a and Article 2-B of the VTL.

 

On April 10, 2013, the Mayor issued a letter designating the DOT to promulgate rules to implement and enforce the intercity bus permit system, and DOT has subsequently promulgated such rules (the “DOT intercity bus permit system rules”), found at 34 RCNY §§ 4-01 and 4-10. The Mayor also designated the DOF and the ECB to promulgate rules setting forth fines or civil penalties for violations of the DOT intercity bus permit system rules.

 

In coordination with the DOT and the New York City Police Department (NYPD), both DOF and ECB intend to establish penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme. In this rulemaking, DOF will amend 19 RCNY § 39-05 to add civil penalties for such DOT violations returnable to the PVB. Violations of such enforcement codes will result in a civil penalty of $500 for each violation. It is anticipated that in a separate rulemaking, ECB will amend its DOT penalty schedule to include enforcement codes resulting in a civil penalty for first violations and enhanced penalties for repeat violators of the DOT intercity bus permit system rules, including violators of the DOF enforcement codes.

 

Violations of the DOT Intercity Bus Permit System Rules

 

These proposed amendments to the DOT penalty schedule for offenses adjudicated at PVB involve the following violations of the DOT intercity bus permit system rules:

 

- Unauthorized passenger pickup or discharge in violation of 34 RCNY §410(c)(1)

The intent of implementing an intercity bus permit system is to ensure that intercity bus operators utilizing the City’s curb space inform the DOT of their intended operations, and, once approved for such operations, adhere to permit requirements. In applying for a permit, bus operators will provide DOT with important information related to overall bus operations within the City necessary for administration of the program.

 

- Failure of an intercity bus permit holder to prominently display a copy of an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(ii)

The prominent display of a copy of the intercity bus permit is necessary to assure that enforcement officers are easily able to identify buses with valid authorization to utilize the City’s curb space.

 

- Failure of an intercity bus permit holder to properly display the operator’s name, address and telephone number in violation of 34 RCNY § 4-10(d)(7)(iii)

The operator’s name, address, and telephone number must be affixed in characters at least five inches high on both sides of the vehicle, with such display being in a color contrasting with that of the vehicle and placed approximately midway vertically on doors or side panels. The operator’s name, address, and telephone number are necessary to ensure that enforcement officers are easily able to identify buses with valid authorization to utilize the City’s curb space.

 

- Unlawful stopping or standing in an assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers by an intercity bus permit holder in violation of 34 RCNY § 4-10(d)(7)(v)

Intercity bus permits are for the temporary utilization of curb space by approved bus operators in order to expeditiously pick up or discharge passengers. This code is necessary to ensure that permittees do not park or stand their vehicles in curb space and thereby create layover spaces in bus stops not intended for longer-term stops.

 

- Altering an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(vi)

Prohibiting the alteration of an intercity bus permit is necessary to ensure that enforcement officers have the ability to easily determine whether permittees are adhering to permit requirements.

 

 

Subject: 

Opportunity to comment on proposed amendment to the Rules Relating to Intercity Bus Permit System

Location: 
345 Adams Street, 3rd Floor
Brooklyn, NY 11201
Contact: 

Beth Goldman
Deputy Commissioner for Legal Affairs
345 Adams Street, 3rd Floor
Brooklyn, New York 11201
GoldmanBeth@Finance.nyc.gov