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NYS VAT Code Clarification...

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Latest post Wed, Jun 24 2015 11:46 AM by ca19lawyer2. 1 replies.
  • Wed, Jun 24 2015 11:08 AM

    NYS VAT Code Clarification...

    NYS VAT Code § 1800 states:

    Penalties  for  traffic  infractions.  (a)  It  is  a  traffic infraction for any person to violate  any  of  the  provisions  of  this chapter  or  of  any  local  law,  ordinance,  order, rule or regulation adopted pursuant to this chapter,  unless  such  violation  is  by  this chapter  or  other  law  of this state declared to be a misdemeanor or a felony.

    It then goes on to state penalties and conditions for 1st, 2nd, 3rd .. etc. offenses.  According to this section, a Traffic violation that occured within 18 months of another Traffic violation allows for a more severe penalty than if there were no previous violations or if a violation occurred, that it occurred greater than 18 months prior.

    My question is in regard to the verbiage in the initial statement.  There it defines a Traffic Infraction as any violation of provisions within the chapter.  However Articles 2A and 2B of Title 2 of the same chapter make a distinction between Traffic Infractions and Parking Infractions, respectively.  This chapter has provisions for parking laws, so according to § 1800 does that imply Parking Infractions are also Traffic Infractions?  Does this also imply that Parking Infractions are treated in accordance to § 1800, specifically in regards to penalties?

     

  • Wed, Jun 24 2015 11:46 AM In reply to

    Re: NYS VAT Code Clarification...

    Clive Sludgeworth:
    There it defines a Traffic Infraction as any violation of provisions within the chapter.  However Articles 2A and 2B of Title 2 of the same chapter make a distinction between Traffic Infractions and Parking Infractions, respectively.

    Hold on.  It appears to me that the VAT Law (not "code") is subdivided into 12 "titles," each of which is, in turn, subdivided into one or more "articles," each of which is subdivided into sections.  While I agree that section 1800 does refer to "this chapter," I do not see where the titles or articles are subdivided into chapters.  It's therefore not clear to me what "this chapter" refers to.

    Your reference to "Articles 2A and 2B of Title 2 of the same chapter" implies that you think "this chapter" refers to the entire VAT Law.  What makes you think that is the case?

     

    Clive Sludgeworth:
    This chapter has provisions for parking laws, so according to § 1800 does that imply Parking Infractions are also Traffic Infractions?  Does this also imply that Parking Infractions are treated in accordance to § 1800, specifically in regards to penalties?

    If you're correct that "this chapter" refers to the entire VAT Law, then I would agree with you that "traffic infractions" (as that term is used in section 1800) necessary includes both "traffic infractions" (as covered by Article 2A of Title 2) and "parking infractions" (as covered by Article 2B of Title 2).  This seems to be borne out by section 235(1), which refers to "an administrative tribunal to hear and determine complaints of traffic  infractions constituting parking, standing or stopping violations."

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