STATE OF NEW YORK ________________________________________________________________________ 8303 2023-2024 Regular Sessions IN ASSEMBLY November 27, 2023 ___________ Introduced by M. of A. SAYEGH -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the penalties for stopping, standing, or parking in handicapped spaces without a handicapped permit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 1203-b of the vehicle and traffic 2 law, as amended by chapter 203 of the laws of 1981, is amended to read 3 as follows: 4 2. It shall be a violation for any person to stop, stand or park a 5 vehicle in any area designated as a place for handicapped parking unless 6 the vehicle bears a permit issued under section one thousand two hundred 7 three-a or a registration issued under section four hundred four-a of 8 this chapter and such vehicle is being used for the transportation of a 9 severely disabled or handicapped person. The penalty for such a 10 violation shall be a fine of not less than one hundred fifty dollars nor 11 more than three hundred dollars for the first offense and three hundred 12 to five hundred fifty dollars for the second offense under this section 13 or section one thousand two hundred three-c of this article occurring 14 within a period of five years within the state. This subdivision shall 15 not apply to a violation of section twelve hundred three-c of this chap- 16 ter. 17 § 2. Subdivision 4 of section 1203-c of the vehicle and traffic law, 18 as amended by chapter 424 of the laws of 2022, is amended to read as 19 follows: 20 4. Except as otherwise provided by local law which imposes a larger 21 maximum fine, any person who stops, stands or parks in spaces clearly 22 marked for use by the handicapped either: (a) in accordance with this 23 section; or (b) in the parking area of a shopping center or facility 24 with at least one but less than five separate retail stores and at least EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13459-01-3
A. 8303 2 1 twenty off street parking spaces provided for use by the shopping 2 public, in accordance with the state fire prevention and building code, 3 without a special vehicle identification parking permit, a special 4 municipal parking permit or whose motor vehicle is not registered in 5 accordance with section four hundred four-a of this chapter and being 6 used for the transportation of a handicapped person; or with such permit 7 or registration and such person is not the one to whom the permit or 8 registration was issued or is not transporting the person issued the 9 permit or registration; or any person who parks in a handicapped parking 10 access aisle; shall be subject to a fine of not less than one hundred 11 fifty dollars nor more than [seventy-five] three hundred dollars for the 12 first offense and [seventy-five] three hundred to [one] five hundred 13 fifty dollars for the second offense occurring under this section or 14 section one thousand two hundred three-b of this article within a period 15 of [two] five years within the [same municipality] state. The arresting 16 or ticketing officer shall issue a summons to violators of this section. 17 A ticketing officer issuing a summons pursuant to this section may 18 provide for the removal and storage of a motor vehicle illegally parked 19 in a handicapped parking space, or a handicapped parking access aisle. 20 § 3. This act shall take effect on the thirtieth day after it shall 21 have become a law.