N.Y. Uniform District Court Act § 2408: Procedure for traffic violations

* § 2408. Procedure for traffic violations. 1. The board of judges

shall have power to provide, by resolution, a procedure to govern the

payment of fines by any person accused of violating any provision of any

law, ordinance, rule or regulation relating to vehicular or pedestrian

traffic, without appearing in person, except in cases of speeding,

reckless driving, leaving scene of an accident or any charge of a

misdemeanor or felony or any charge which may for reasons of public

policy require the personal appearance of the accused, for such period

of time as shall be deemed in the public interest; to fix the fine to be

paid in each class of case within the minimum and maximum amount set by

law, ordinance, rule or regulation; to designate the place or places

where such fines may be paid; to prescribe the form of the summonses to

be used and the manner in which the plea of guilty shall be made; and

the manner in which the money shall be paid.

2. Such procedure may provide that any person pleading "guilty", or

that a person pleading "not guilty" and asking that a day be set for

trial, may do so through a representative or by mail and may further

provide that the clerk of the court set such day for trial.

3. No resolution providing such procedure shall be effective until a

certified copy thereof shall have been filed with the county clerk,

whereupon, or upon such subsequent date prescribed in said resolution,

any traffic violations bureau heretofore established by the board of

judges pursuant to the general municipal law shall be deemed abolished

and the powers of such bureau shall devolve upon the board of judges and

matters pending in such traffic violations bureau shall be disposed of

in accordance with the procedure provided pursuant to this section.

4. Whenever any summons is issued involving any provision of any law,

ordinance, rule or regulation relating to motor vehicle parking and the

procedure for such violation is provided under this section, the member

of the police force or any other peace officer serving said summons in

lieu of inserting in the summons the name of the person summoned, may

insert therein, in the space provided for the insertion of the name of

the person summoned, the words "Registered owner of motor vehicle

bearing license, " said words to be followed by the license designation

or identification as shown by the license plates on said motor vehicle

parked in violation of law, ordinance, rule or regulation as aforesaid,

and said summons may be served upon said registered owner by a member of

the police force or other peace officer by affixing the summons to said

motor vehicle in some conspicuous place where it is likely to be seen by

an operator thereof. An operator of the motor vehicle, for the purposes

of this section if not the owner thereof, shall be deemed to be the

agent of such registered owner to receive said summons served in the

manner aforesaid, and service made in the manner provided shall be

deemed to be lawful service upon the registered owner of the motor

vehicle to which the summons is affixed. For the purpose of the service

of the summons as herein provided, the registration records of the motor

vehicle department of the state in which the motor vehicle is registered

shall be conclusive evidence as to the registered owner of the motor

vehicle. When a summons is issued and served as authorized in this

section, the information sworn to may charge the violation in the same

manner and any further proceedings authorized in this section may be had

and recorded in the name of the "Registered owner of motor vehicle

bearing license", said words to be followed by the license designation

or identification as shown by the license plates.

* NB There are 2 § 2408's