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