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What is NYC AC § 19-204?

Quick Answer

This section outlines the requirements for a notice of violation, including information on how to plead and the consequences of failing to respond. It specifies the manner of service for motor vehicle violations and establishes the operator as an agent for the owner in receiving such notices. Applies to vehicle owners and operators receiving violations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 19-204 Notice of violation.

AC § 19-204

a. The notice of violation shall contain information advising the person charged of the manner and the time in which he or she may plead either guilty or not guilty to the charge alleged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and time provided shall be deemed, for all purposes, an admission of liability and that a default judgment may be rendered. The form and wording of the notice of violation shall be prescribed by the director. A copy of each notice of violation served shall be filed and retained by the bureau, and shall be deemed a record kept in the ordinary course of business, and shall be prima facie evidence of the facts contained therein. b. The notice of violation shall be served personally upon the operator of a motor vehicle who is present at the time of service, and his or her name, together with the license designation as shown by the registration plates on said vehicle, shall be inserted therein. The notice of violation shall be served upon the owner of the motor vehicle if the operator is not present, by affixing such notice to said vehicle in a conspicuous place. Whenever such notice is so affixed, in lieu of inserting the name of the person charged with the violation in the space provided for the identification of said person, the words "owner of the motor vehicle bearing license" may be inserted to be followed by the license designation as shown by the registration plates on said vehicle. Service of the notice of violation by affixation as herein provided shall have the same force and effect and shall be subject to the same penalties for disregard thereof as though the same was personally served with the name of the person charged with the violation inserted therein. c. For purposes of this section, an operator of a motor 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 notices of violation, whether personally served on such operator or served by affixation in the manner aforesaid, and service made in either manner as herein provided shall also be deemed to be lawful service upon such owner.

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