•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

S08822 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     April 20, 2022
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to the enforce-
          ment of parking in disabled access parking spaces
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 4 and 6 of section 1203-c of the vehicle and
     2  traffic law, subdivision 4 as amended by chapter 613 of the laws of 2003
     3  and subdivision 6 as added by chapter 508  of  the  laws  of  1992,  are
     4  amended to read as follows:
     5    4.  Except  as  otherwise provided by local law which imposes a larger
     6  maximum fine, any person who stops, stands or parks  in  spaces  clearly
     7  marked  for  use  by the handicapped either: (a) in accordance with this
     8  section; or (b) in the parking area of a  shopping  center  or  facility
     9  with at least one but less than five separate retail stores and at least
    10  twenty  off  street  parking  spaces  provided  for  use by the shopping
    11  public, in accordance with the state fire prevention and building  code,
    12  without  a  special  vehicle  identification  parking  permit, a special
    13  municipal parking permit or whose motor vehicle  is  not  registered  in
    14  accordance  with  section  four hundred four-a of this chapter and being
    15  used for the transportation of a handicapped person; or with such permit
    16  or registration and such person is not the one to  whom  the  permit  or
    17  registration  was  issued  or  is not transporting the person issued the
    18  permit or registration; or any person who parks in a handicapped parking
    19  access aisle; shall be subject to a fine of not less than fifty  dollars
    20  nor  more  than  seventy-five dollars for the first offense and seventy-
    21  five to one hundred fifty dollars for the second offense occurring with-
    22  in a period of two years within the same municipality. The arresting  or
    23  ticketing  officer shall issue a summons to violators of this section. A
    24  ticketing officer issuing a summons pursuant to this section may provide
    25  for the removal and storage of a motor vehicle  illegally  parked  in  a
    26  handicapped parking space, or a handicapped parking access aisle.
    27    6.  Notwithstanding  any  other  state or local law to the contrary, a
    28  state, county or municipal law enforcement officer  seeking  to  enforce
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 8822                             2
     1  subdivision  four  of  this section[,] may enter onto the parking lot of
     2  any shopping center or facility as described in subdivision one or  four
     3  of  this section or any other parking lot as described in the state fire
     4  prevention  and  building  code, which is required to contain accessible
     5  and designated parking spaces for people with  disabilities,  regardless
     6  of  the existence or absence of any state or local law or rule otherwise
     7  permitting or restricting such access for such law enforcement officer.
     8    § 2. This act shall take effect on the ninetieth day  after  it  shall
     9  have become a law.
Go to top