§ 39-03 PVB Fleet Program – Weekly Listing of Newly Issued Summonses.
RCNY § 39-03
(a)Prior to enrollment, all unpaid summonses (judgment and non-judgment) on all company plates must be satisfied.
(b)The company's fleet must consist of at least one vehicle.
(c)Plates may be commercial or non-commercial and must be registered with the Department of Motor Vehicles under the company's name and address upon enrollment and all times during enrollment. A vehicle leased by a long-term lease by the company from a lessor that is a Business Entity may be enrolled; provided, however, that if not registered by the company then the lease agreement must be in the name of the company or a subsidiary/parent and the registrant must consent in writing to designate the company as its agent to receive notices of violation, notices of impending default in judgment, and other PVB notices as if the registrant itself had been served. At PVB's request, the company must supply copies of the registrations, lease agreements and other information. Failure to meet these requirements may result in the deletion of plates and/or termination of the company's enrollment in the Fleet Program without prior notice.
(d)Plates to be registered with the Fleet Program cannot be registered with the PVB Car Rental Program at the same time.
(e)The company is liable for any summonses issued to plates it has enrolled in the Fleet Program, including summonses issued during enrollment to leased vehicles not registered by the company.
(f)(1) Within 60 days from the Department of Finance system entry date for the summons, the company must pay the fine for each summons it does not contest. If the company wishes to contest a summons at an in-person or a virtual contemporaneous videographic hearing, within 60 days from the Department of Finance system entry date for the summons the company must: (i) request a hearing, in accordance with 19 RCNY § 39-08; and (ii) submit its evidence prior to such hearing.
(2)If such company does not submit its evidence prior to such in-person or a virtual contemporaneous videographic hearing, as applicable, within that 60 day period or if such company does not appear at a hearing scheduled by the Department of Finance and such 60 day period expires, such hearing may be conducted without the presence of the company or its representative, broker or employee.
(g)Continual and excessive adjournment requests may constitute cause for disenrollment from the PVB Fleet Program. If a hearing adjournment is granted and marked "final" by PVB, no further adjournments will be granted except for extraordinary circumstances.
(h)The company is required to request any microfilm summons copies it may need through the PVB Fleet Unit in a prompt manner so as to prevent untimeliness or adjournment requests.
(i)As an alternative to requesting an in-person hearing, a company may enter an appearance within 14 days after the Department of Finance system entry date for the summons and thereafter either pay the fine for each summons it does not contest or submit its evidence to obtain a mail adjudication within 60 days after the Department of Finance system entry date for the summons.
(j)Post office box numbers may not be used as the business address. Companies with such business addresses will not be enrolled.
(k)On an annual basis, the company must provide PVB with verification, in such form as PVB shall prescribe, that the information on enrolled plates is correct and complete.
(l)The company is required to file a termination form within thirty days after an enrolled plate is disenrolled from the PVB Fleet Program. The company's liability under subparagraph (e) for summonses issued after the date of disenrollment shall cease upon the date the termination form is filed at PVB, unless the company is otherwise liable for such summonses.
(m)Failure to satisfy summonses that enter judgment status, where such judgment(s) total in the aggregate, including interest, more than $350, or comply with the procedural requirements of this 19 RCNY § 39-03, will result in termination of the company's enrollment in the Fleet Program.
(n)Fee for Fleet Program Enrollment. The annual non-refundable fee for enrollment in the Fleet Program is $1.50 per plate.
(o)A company may enroll in the Fleet Program only by executing an enrollment agreement using a form or in a format established by the Commissioner of Finance.
(p)Penalties for failure to pay the fine amount for each summons the company does not contest in a timely manner. Notwithstanding any other provision of this chapter: (1) the failure to pay the fine amount for each summons the company does not contest within 60 days after the Department of Finance system entry date for such summons will result in a penalty of $10.00; (2) the continued failure to pay the summons fine amount for an additional 30 days beyond the period stated in paragraph (1) of this subdivision will result in a further penalty of $20.00 in addition to the penalty provided in paragraph (1) of this subdivision; (3) the continued failure to pay the summons fine amount for an additional 45 days beyond the period stated in paragraph (2) of this subdivision will result in a further penalty of $30.00 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision; and (4) the continued failure to pay the summons fine amount for an additional 7 days beyond the period stated in paragraph (3) of this subdivision will result in the entry of a judgment against the owner in the fine amount as provided in 19 RCNY § 39-05 plus the penalties provided in paragraphs (1), (2) and (3) of this subdivision. The penalties set forth in subdivision (a) of 19 RCNY § 39-07 shall not apply to any company subject to this subdivision. (Amended City Record 3/13/2024, eff. 4/12/2024)
