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Appeals
Author: Reference Number: AA-00475 Views: 50658 Created: 2013-07-11 09:23 am Last Updated: 2013-07-11 09:23 am 0 Rating/ 2526 Voters


Parking Appeals Process/Procedure

Goals of the appeals process – The appeals process provides members of the college community with a way to resolve contested parking citations.  The appeals process has been designed to:

·         Provide information and assistance for the appellant.

·         Evaluate the effectiveness of campus parking regulations, signing and enforcement efforts and suggest ways to improve them.

·         Modify the behavior of repeat offenders.

Filing an Appeal – All parking violation appeals must be submitted on-line only. 

Violations of the New York State Vehicle & Traffic Laws must be in writing and individuals must appear in person before the Appeal’s Board. 

In both cases, your appeal must be submitted or postmarked within 15 calendar days of the citation’s issuance.  If the deadline is not met, your appeal will not be eligible for review and your rights to appeal will be forfeited. 

1. Except in rare and unusual circumstances, the only proper basis for an appeal is contention that the cited regulations were not violated. It is no excuse that the individual "thought it was no violation" to do what he or she did, "did not mean to" violate a regulation, or "saw other vehicles doing the same thing." The issue on an appeal is whether or not the cited regulation was violated.  It is strongly encouraged that the appellant include supporting evidence, i.e. documentation, statements from witnesses.  In the absence of such supporting evidence, the Board shall be strongly inclined to accept the validity of the ticket as written.

Examples of Defenses that are NOT grounds for appeal (and will not be accepted):

·         Student in the Visitor Spaces/Areas

·         Student without a valid parking registration for the semester

·         Never received the ticket

·         Did not know the Parking Rules

·         Only parked a few minutes

·         Lot was full

·         Was late/weather was bad

·         Had my flasher on

·         Picking up/dropping off friends/books/labs etc.

·         Someone else was using my car

·         Inability to pay fine

·         My co-worker/friend told me I could park there

·         Repeat violations/multiple violations for same type

Documentation when appealing a Handicap violation must be submitted:

  • Copy of (valid) handicap hangtag
  • Copy of individual’s driver’s license

2. Individuals desiring to appeal a Violation Notice will need to submit the appeal on-line within 15 days of the date the violation is issued.

An appeal date will be assigned when an individual receives a NYS Vehicle and Traffic ticket.

Only the operator of the motor vehicle who has incurred the violation may appeal and/or appear in person to contest a violation.

Appeals will be forwarded to the Appeal Administrator.

3. The Appeal Administrator has the authority to dispose of a case by:

  • upholding the charge(s) completely;
  • upholding the charge(s) but reducing the fine to whatever amount it feels is appropriate in light of extenuating circumstances;
  • reducing the charges to a lesser offense; or
  • dismissing the charge(s) completely.

The decision of the Appeal Administrator shall be rendered and an email or mailed copy shall be furnished to the appellant.  The decision of the Appeal Administrator is final without further right of review by the appellant.

The Appeal Administrator does not have the authority to make or change these regulations.

4. Failure to apply for an appeal within the fifteen-day limit will result in forfeiture of the appeals process.

5. If a Parking Violation is appealed and denied, the fine must be paid within 15 calendar days of the decision, or late charges will accrue according to fine schedule.

6. Violations of the Vehicle & Traffic Law requires that those who wish to appeal THESE VIOLATIONS must appear in person on the scheduled hearing date and be prepared to pay fine the same day if denied.  A $15.00 surcharge is assessed if payment is not received the same day. Failing to appear for scheduled appeal date is considered a guilty plea.  A $15.00 surcharge will be assessed the day after the scheduled hearing if the violation has not been paid.

 

The following rules apply to Vehicle & Traffic Law Violations for expired registration and expired inspections:

  • Expired Registration – Vehicle must have been re-registered within the 15 days of violation issued in order to submit appeal. (Must provide proof with appeal)
  • Expired Inspection – Vehicle must have been inspected within 15 days of violation issued in order to submit appeal. (Must provide proof with appeal)

7. Violation Notices (tickets) which are issued and causes a motor vehicle to be impounded, along with the cost of impoundment and late charges may NOT be appealed.

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Phone: 585.292.2000

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