Hello everybody… This month I want to talk about an area of the law that is a little bit different from TLC violations: namely Title 34 of the Rules of the City of New York. As reader of this column may remember, Title 35 of the Rules of the City of New York is entitled Taxi & Limousine Commission. What then is the title of Title 34? I won’t keep you guessing, it is Department of Transportation.
If you ever are bored, look at Title 34 of the Rules of the City of New York to peruse various parking and moving violation rules applicable to drivers in NYC, but this month I want to discuss Chapter 3 of Title 34 of the Rules of the City of New York or RCNY. Chapter 3 section 3-01 lays out penalties for violations of the Rules of the Department of Transportation in this fine city.
In Section 3-01, there is a penalty schedule that basically lays out the penalties for various violation of the rules of the NYC Department of Transportation (DOT).
One rule in the list is the following: Admin. Code 19-190(b): Right of way–failure to yield, physical injury. Fine on default: $250 / Hearing: also $250.
Why have I landed on this Rule of the RCNY? It is a particularly problematic one for drivers who have accidentally hit a pedestrian with their car. If you hit a pedestrian, the NYPD has been instructed to hand you this summons, 34 RCNY section 3-01, which contains the penalty, but the rule you would be charged with is 19-190b of the Administrative Code of the City of New York, which is a set of rules that is made by the City Council.
Why is the section of the administrative code so problematic? Your liability to a pedestrian if you accidentally hit one with your car. If you pay the fine of $250 (which seems enticingly low considering you just hit someone with your vehicle – even if it was not really your fault… or maybe it is), it is equivalent to pleading guilty to the violation and will make defending a lawsuit (which is likely to be filed against you) much harder for your insurance company lawyer to defend for you.
If you receive an Office of Administrative Trials and Hearings (OATH) summons containing a Rule 19-190b violation, call your attorney immediately and hire him or her to defend you vigorously in such a case. It will save you a lot of money and a potential headache, which can be caused by a 19-190b violation.
Please take any ticket you receive involving contact with a pedestrian or non-motorized vehicle very seriously. I am available to talk to you with a free initial consultation if this happens.
Thank you for reading my article. Until next month, be well…