N.Y. Comp. Codes R. & Regs. tit. 15 § 121.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 121.5 - Definitions

The following words and phrases when used in this Subchapter shall have the following meanings:

(a) Bureau shall mean the Traffic Violations Bureau.

(b) Complaint shall mean Part 1 of the ticket packet or that part containing the signature or name of the complainant and alleging a traffic infraction.

(c) Contested hearing shall mean a hearing conducted after a plea of not guilty has been entered.

(d) Conviction shall mean the order entered on department records after a guilty plea, guilty with explanation plea, finding of guilt after hearing or the mailing of a fine.

(e) [Reserved]

(f) Date of appearance shall mean the date indicated on the summons:

(1) on which a contested hearing is scheduled to be held if a proper plea is entered; or

(2) by which a plea of guilty or guilty with explanation must be made to avoid suspension of license. This date may be changed by the bureau and the motorist notified.

(g) Driver's license shall mean a New York State driver's license issued by the Commissioner of Motor Vehicles and/or the privilege to operate a motor vehicle in New York State as the result of any license issued by another jurisdiction. If a motorist does not have a valid license, a suspension or revocation of license will refer to the privilege of obtaining a driver's license in New York State.

(h) Fine shall mean an amount of money assessed as a civil penalty upon conviction.

(i) Guilty plea shall mean an admission by the motorist that he committed the violation charged.

(j) Guilty with an explanation plea shall mean an admission that the motorist committed the violation charged, but wishes to explain mitigating factors to an administrative law judge. A guilty with an explanation plea, if accepted, results in a conviction, and the appropriate points will be put on the motorist's record regardless of the explanation. The fine schedule on the summons is not applicable to a conviction following a guilty with an explanation plea.

(k) Not guilty plea shall mean a denial of having committed the act charged or an admission of having committed the act charged but denying that it is a violation.

(l) Police officer shall mean any person authorized to issue a summons charging a traffic infraction.

(m) Administrative law judge shall mean an attorney-hearing officer appointed by the commissioner to hear and determine charges of traffic, as provided for in section 225(3) of the Vehicle and Traffic Law.

(n) Summons shall mean Part III of the ticket packet or that copy of the ticket given to the motorist after the occurrence of the alleged traffic infraction.

(o) Ticket packet shall mean a numbered multipage form consisting of a complaint, a court appearance ticket, the bureau summons and the notice of violation for parking offenses (optional).

(p) Traffic infraction shall mean any traffic violation below the grade of misdemeanor. For the purposes of these regulations, traffic infraction shall not include a violation of subdivision one of section 1192 of the Vehicle and Traffic Law, a violation of paragraph (b) of subdivision one of section 1194 of such law, a violation of 17 NYCRR 600.4(b) and (c), or a violation relating to parking, stopping or standing, or a pedestrian offense. A traffic infraction is not a criminal offense.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 121.5