PVB Subscribe to RSS - PVB

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

Agency:
Comment By: 
Thursday, May 24, 2018
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Department of Finance’s Fleet Program is a voluntary program that assists companies with one or more commercial vehicles in obtaining hearings for outstanding parking violation summonses.  Similarly, the Department’s Car Rental Program is a voluntary program that assists vehicle rental companies in managing parking summonses.  Under these programs, when companies receive summonses for their vehicles, they may be represented at hearings in the Department’s Commercial Adjudications Unit (CAU) by their employees or by brokers.

To deter misconduct by representatives who appear at PVB hearings, this proposed rule authorizes DOF to suspend brokers, brokerage companies and employees of companies that participate in the Fleet Program from appearing before the PVB for any period up to life, after a finding that the representative violated one or more Department representative conduct rules.  Examples of rule infractions include attempting to coerce or influence Administrative Law Judges (“ALJs”) and submitting fraudulent evidence to ALJs at PVB hearings.

This proposed rule also adds a new definition relating to brokerage companies as this proposed rule extends liability separately to brokerage companies.

Subject: 

Representatives at Parking Violations Bureau (“PVB”) Hearings

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 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 expanding 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 will add:

  •  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.

Effective Date: 
Tue, 04/18/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

The Department of Finance’s Fleet Program is a voluntary program that assists companies with one or more commercial vehicles obtain hearings for outstanding parking violations summonses.  Similarly, the Department’s Car Rental Program is a voluntary program that assists vehicle rental companies in managing parking summonses.  Under these programs, when companies receive summonses for their vehicles, they may be represented at hearings in the Department’s Commercial Adjudications Unit (CAU) by their employees or by brokers.  This proposed rule revises the Department’s rules concerning the conduct of such brokers and employees while appearing before the Department in any capacity, to ensure proper behavior when responding to summonses.

Effective Date: 
Fri, 09/18/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, July 21, 2015
Proposed Rules Content: 

STATEMENT OF BASIS AND PURPOSE

 

The Department of Finance’s Fleet Program is a voluntary program that assists companies with one or more commercial vehicles obtain hearings for outstanding parking violations summonses.  Similarly, the Department’s Car Rental Program is a voluntary program that assists vehicle rental companies in managing parking summonses.  Under these programs, when companies receive summonses for their vehicles, they may be represented at hearings in the Department’s Commercial Adjudications Unit (CAU) by their employees or by brokers.  This proposed rule revises the Department’s rules concerning the conduct of such brokers and employees while appearing before the Department in any capacity, to ensure proper behavior when responding to summonses.

Subject: 

.PVB Representative/Broker Rules of Conduct at Hearings

Location: 
NYC Dept. of Finance, Legal Division, Room 345
345 Adams Street
Brooklyn, NY 11201
Contact: 

To Speak at Hearing call: Joan Best, 718 488-2007

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Tuesday, January 6, 2015
Proposed 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.

 

The Department’s Car Rental Program is a voluntary program that was established to assist vehicle rental companies in managing parking summonses issued to vehicles registered in the program.  This program gives car rental companies the ability to transfer the liability for parking summonses issued to their vehicles to the lessees of these vehicles.  This rule amendment will give DOF the ability to terminate a company’s enrollment in the program when the company fails to: (1) satisfy summonses that enter judgment status where such judgments total in the aggregate, including interest, more than $350 or (2) fails to comply with the procedural requirements of the Car Rental Program.

Subject: 

PVB Fleet and Car Rental Program First Penalty Amendment

Location: 
NYC Dept. of Finance, Legal Affairs, 3rd Floor
345 Adams St.
Brooklyn, NY 11201
Contact: 

Timothy LaRose
laroset@finance.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

 

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.

 

Section 1642-a provides that notices of violation issued pursuant to the Department of Transportation (DOT) intercity bus permit system rules are returnable to the Environmental Control Board (ECB).  In addition, 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 ECB and DOF established penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme.  In a separate rulemaking, DOF added civil penalties for the DOT intercity bus permit system rules returnable to the PVB.

 

In this rulemaking, ECB is amending its DOT penalty schedule to add new penalties for violations of the DOT intercity bus permit system rules adjudicated at ECB.  In accordance with VTL Section 1642-a, the amendments provide that a first offense will result in a civil penalty of $500. Each subsequent offense of the same violation occurring within two years after the first offense will result in a civil penalty of $2500.  Prior offenses include violations of both the ECB and DOF enforcement codes.

 

The ECB held a Public Hearing on October 16, 2013 on the proposed amendments to its DOT Penalty Schedule relating to the DOT intercity bus permit system rules.  In response to comments received regarding conformity with the DOF enforcement codes, the ECB is changing the default penalty for a first offense from $1000, as stated in the proposed rule, to $500 in this final rule.

 

 

Violations of the DOT Intercity Bus Permit System Rules

 

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

 

-        Unauthorized passenger pickup or discharge in violation of 34 RCNY § 4-10(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. 

 

 

Effective Date: 
Sun, 12/15/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, October 16, 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.

 

Section 1642-a provides that notices of violation issued pursuant to the Department of Transportation (DOT) intercity bus permit system rules are returnable to the Environmental Control Board (ECB). In addition, 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 ECB and DOF intend to establish penalty schedules for violations of the DOT intercity bus permit system rules as part of a coordinated enforcement scheme. In a separate rulemaking, DOF will add civil penalties for the DOT intercity bus permit system rules returnable to the PVB.

 

In this rulemaking, ECB is proposing to amend its DOT penalty schedule to add new penalties for violations of the DOT intercity bus permit system rules adjudicated at ECB. In accordance with VTL Section 1642-a, the proposed amendments provide that a first offense will result in a civil penalty of $500. Each subsequent offense of the same violation occurring within two years after the first offense will result in a civil penalty of $2500. Prior offenses include violations of both the ECB and DOF enforcement codes.

 

 

Subject: 

Opportunity to comment on proposed rules regarding amendments to the Department of Transportation (DOT) Penalty Schedule for offenses adjudicated by the Environmental Control Board (ECB).

Location: 
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

James Macron
Counsel to the Board
Environmental Control Board
66 John Street
10th Floor
New York, N.Y. 10038
(212) 436-0594

Download Copy of Proposed Rule (.pdf):