Q&A
Discussion on the stipulated fine program and potential modifications
3:27:11
·
7 min
Council Member Brooks-Powers inquires about the stipulated fine program, its last modification, and the possibility of adjusting or eliminating it. Commissioner Niblack explains the program's details, recent reviews, and the council's role in determining which violations are included.
- The stipulated fine program allows companies to waive their right to a hearing in exchange for paying a set rate
- The program excludes certain safety violations like parking in bus lanes or in front of fire hydrants
- The council member expresses interest in working with the commissioner to modify the program
Selvena N. Brooks-Powers
3:27:11
And then my last question is regarding the stipulated fine where you and I have spoken about in the past.
3:27:16
Mhmm.
3:27:16
I wanted to know when was the last time that program had been modified, and is there a world where we can either get rid of it or adjust it in a sense?
3:27:27
Because as I've led into this question, you know, New Yorkers that get tickets are responsible for paying their tickets for each and every ticket that they get.
3:27:37
But, they don't get to group in their tickets and pay a discounted rate as opposed to those that are in the stipulated fine program.
3:27:46
So I I would like to understand that as well.
Preston Niblack
3:27:51
Got it.
3:27:52
Let me start by saying we'll come out as many times as you like.
3:27:56
With with respect to an amnesty parking ticket amnesty, you know, as I mentioned earlier, the the resolution rate on parking tickets is 90%.
3:28:06
So, you know, I'm not not sure that a parking ticket amnesty would necessarily, from a revenue perspective, bring in additional revenue for the city, and in fact could cost us revenue.
3:28:17
The the thing the the penalties themselves, are are imposed over a 90 day period Yes.
3:28:28
You know, in increments.
3:28:29
So it to the extent that people delay paying their tickets, they'll incur penalties, and then they also start to incur interest, which typically is kind of the the more burdensome piece of it, and where we have no statutory authority to waive that.
3:28:45
So if if there were if I wanted to do a parking ticket amnesty, we'd have to go to the state in order to allow us to waive interest, which is typically the the larger, share of, you know, the amount that is above what the actual face value of the ticket is.
3:29:03
We do we have Really
Selvena N. Brooks-Powers
3:29:04
quickly on that, commissioner, is there a world where we could work with you to, petition that to the state?
3:29:11
And I only act because I'm not talking about both that make enough money that they could have, should have, would have paid their tickets.
3:29:17
But an example is a constituent of mine who, you know, I see her all the time volunteer and working in a community.
3:29:26
She doesn't make a lot of money, and they towed her car and then gave her, I think, 48 hours to be able to, I think, pay $5,000, which she absolutely didn't have, or her car would be auctioned with all of her possessions that was inside of it, which is a major setback for someone who is that eyewitness trying to really pull her life together and do what she needs to do to keep a roof over her head.
3:29:54
So, you know, in moments like that, it's like, what can we do for our constituents?
3:29:59
How can we help them that way?
Preston Niblack
3:30:01
Yeah.
3:30:03
I you know, anybody who has their car booted can enter into a payment plan.
3:30:08
And the the number that is, and the website that is on the sticker that's on a booted car, you can contact the the vendor directly.
3:30:16
They will enter you into a payment plan.
3:30:19
And, you know, you don't have to pay the whole amount upfront.
3:30:23
You can pay 20% typically upfront.
3:30:25
There are hardship exceptions as well.
3:30:28
So that's really our, you know, I
Selvena N. Brooks-Powers
3:30:32
think she was told.
3:30:33
They told her.
3:30:34
They they first booted her, but then they
UNKNOWN
3:30:36
told her.
Preston Niblack
3:30:37
I mean, it's still true that I I can't speak to the specifics of the of what you said about the auction.
3:30:45
You know, there's typically 48 hours, I guess, between the time a boot is placed and the time the car can be towed.
3:30:52
So it is you know, it's possible that a booted car will be towed if it sits for for that long.
3:30:59
But a payment plan is always possible.
3:31:03
The the best course of action, I think, for someone who finds themselves kind of in a in a situation like that is for them to contact the office of the parking summons advocate, and they will usually be able to help, people and put a hold on any further enforcement or until the till the situation could be, resolved.
Selvena N. Brooks-Powers
3:31:24
No.
3:31:24
That's helpful to know.
3:31:26
We'll make sure we get some information from your office on that.
Diana Ayala
3:31:29
Yep.
Selvena N. Brooks-Powers
3:31:29
I would also be mindful of some of the tow companies that are being partnered with the city because there are some that I've gotten complaints have predatory practices.
Jacques Jiha
3:31:39
Mhmm.
Selvena N. Brooks-Powers
3:31:40
The one that she was told with, I've heard from multiple sources that they have, you know, demonstrated predatory, attributes.
3:31:50
So I can talk to you further offline about that.
Preston Niblack
3:31:54
Yeah.
3:31:55
Understood.
3:31:55
Yes.
3:31:55
Let's do that.
3:31:56
I would we'll follow-up on that.
3:31:58
With respect to the speed cameras, we'll get back to you with, information about boroughs and districts.
3:32:05
And I think, you know, with the yeah.
3:32:07
We'll we'll follow-up with you on that.
3:32:10
And then stipulated fines, you and I have talked about this.
3:32:13
I you know, the the stipulated fine amounts, we agreed a couple of years ago that we would revisit the stipulated fine totals periodically, and we review this data all the time.
3:32:29
But the what we're looking at is the guilty rate for those same violations in when they are adjudicated.
3:32:36
So, you know, the stipulated fine program, essentially, the the the company that's participating waives their right to a hearing, and in return pays the rate that corresponds to sort of the guilty rate for, tickets that are heard.
3:32:55
There are exclusions, for safety violations, so there's no stipulated fine for parking in a bus lane, for parking in front of a fire hydrant, parking in a bike lane.
3:33:05
Those programs those tickets you have to adjudicate or pay.
3:33:09
You they're not part of the stipulated fine program.
3:33:12
So we we've looked at this most recently.
3:33:16
We decided not to make it.
3:33:17
We didn't see anything that needed significant change based on the GILTI rates.
3:33:22
And there was, you know, so we didn't we have not made any changes in the past, year or so, I guess.
3:33:31
But we do revisit it regularly.
3:33:34
And, you know, we also have worked with the council over the years to sort of look at what are the, what are the violations that you would not want to see part of the program, where you wanna, you know, indicate to respondents that this is a more serious violation, and we're not going to, include it in the stipulated fine program.
Selvena N. Brooks-Powers
3:33:54
I would love to work with you on that as well because I I would like to see some, at a minimum modifications made to that program because I think it would also help to one, either make the, the act of the violators do better or at least bring in, revenue and hold folks accountable.
3:34:16
So I would like to to sneak more offline with you about that.
3:34:21
Thank you, and thank you, chair.
Preston Niblack
3:34:22
Thank you.
