SUN-50-08-00021-P Traffic and Parking Regulations at the State University of New York College at Oneonta

12/10/08 N.Y. St. Reg. SUN-50-08-00021-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 50

December 10, 2008

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SUN-50-08-00021-P

Traffic and Parking Regulations at the State University of New York College at Oneonta

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of Part 564 of Title 8 NYCRR.

Statutory authority:

Education Law, section 360(1)

Subject:

Traffic and parking regulations at the State University of New York College at Oneonta.

Purpose:

To make certain technical changes and amend existing regulations to fee schedules

Text of proposed rule:

Section 564.2 is amended to read as follows:

§ 564.2 General.

(a) The motor vehicle laws of the State of New York and department of transportation orders are applicable and enforceable on property maintained by the State University. All drivers are expected to know and observe State motor vehicle laws, department of transportation orders and campus parking regulations.

(b) All regulations pertaining to motor vehicle registration, parking and operation are enforceable 24 hours a day throughout the entire year, except as otherwise announced by the college upon recommendation of the traffic commission or the director of [public safety] university police.

(c) All provisions of the campus parking regulations that apply to motor cars also apply to motor scooters and motorcycles.

(d) Snowmobiles are prohibited from campus.

(e) The operator of a vehicle on campus is presumed to be affiliated with the university. The student is held responsible for parking citations issued to guests' or family member's vehicle(s).

(f) Limited use vehicles (such as gators, golf carts, or other vehicles approved by director of university police) owned, maintained, and operated by the college may operate on university-owned roadways and sidewalks.

Section 564.3 is amended to read as follows:

§ 564.3 Vehicle registration and parking fees.

(a) Parking fees as approved by the college president, or designee, shall be charged for motor vehicles parked within designated lots, consistent with applicable collective bargaining agreements and in accordance with guidelines established by the chancellor, or designee. Such guidelines shall provide that the determination of the amount of the fee be substantially based on an analysis of the costs attributable to the operation and maintenance of the parking facilities owned and operated by the College at Oneonta. Vehicle registration fees are approved by the college president and in conjunction with applicable collective bargaining agreements based upon the costs associated with maintaining a system of registering motor vehicles operated on campus.

(b) All students, eligible by college standards, who drive to the campus and park must register their vehicles and apply for parking decals on or before the first day of classes. Faculty decals will be issued to GSEU (Graduate Student Employees Union) members who are currently employed as graduate assistants, consistent with the applicable collective bargaining agreement. All other graduate students and assistants will be registered as resident or commuter students. Parking decals must be obtained from the [public safety] university police office in person or by mail.

(c) All faculty and staff must register their vehicles annually. Faculty and staff decals may be issued on a multi-year basis at the discretion of the college president.

(d) Parking permits may be issued to live-in partners of residence hall directors. Decals shall be of the same color issued to the residence hall director and shall be revoked if the live-in situation ceases. Residence hall directors are responsible for parking citations issued to live-in partners.

[d](e) The identification decal shall be permanently affixed as determined by the director of [public safety] university police. It is the responsibility of the owner to insure that the decal remains affixed at all times, and is legible. Taping or clipping on of decals is not considered as being permanently affixed, and registration will not be considered complete unless decal is properly affixed.

[e](f) Under no circumstances may an eligible student register a motor vehicle owned or controlled by another student, except by special permission of the traffic commission, nor may an eligible student register a vehicle on behalf of another.

[f](g) Any changes in license or registration must be reported to the [office of public safety] university police office within 96 hours.

[g](h) College parking decals must be removed from any vehicle sold or transferred. Decal is the property of the college and may be removed for cause.

[h](i) The person who registers a vehicle will be responsible for all violations incurred against that vehicle.

[i](j) The college assumes no responsibility for the care or protection to student, faculty, staff or visitor vehicles or the contents at any time while on college property.

[j](k) When there is a dual registration in the family, it is expected that the operator of the vehicle will park in the area for his or her category.

[k](l) Failing to register a vehicle as required, filing false information or failure to comply with these regulations will result in loss of parking privileges, fines or possible disciplinary action.

[l](m) Visitor's passes may be obtained at any time at the [public safety] university police office, at the administration reception desk, or other campus locations as designated by the director of [public safety] university police. The college may charge a daily or hourly fee for visitor passes consistent with subdivision (a) of this section.

[m](n) Resident freshmen and resident sophomores may not register a vehicle for use on campus.

[n](o) Exceptions to registration rules for freshmen and sophomores will be considered for the following reasons:

(1) Medical reasons - requires a letter from a licensed physician [stating the conditions and reasons for necessity for vehicle] indicating a legitimate medical need after being presented to the college medical director, at the college health center, for approval.

(2) Employment - requires a signed, notarized letter on company letterhead from employer stating days and hours of employment. Letter shall include telephone number. A current payroll stub may also be required.

(3) Academic - requires a legitimate written justification from faculty member stating the reasons for exceptions.

Section 564.4 (a) and (i) are amended to read as follows:

§ 564.4 Traffic and parking regulations.

(a) No person shall drive a vehicle on university streets, roads or highways at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards when existing, but in no event shall a person drive a vehicle in excess of 25 miles per hour unless a different speed is authorized and indicated by the university or the department of transportation.

(i) No vehicle shall be left in any campus parking areas during Christmas and spring recesses without authorization from [the public safety department] university police.

Section 564.5 is amended to read as follows:

§ 564.5 Accidents.

All motor vehicle accidents on campus which cause any personal and/or property damage, however, minor, must be reported to the [office of public safety] university police office, who will conduct an investigation or refer the accident to the appropriate law enforcement agency.

Section 564.7 is amended to read as follows:

§ 564.7 Citations.

(a) A violation of any section of the Vehicle and Traffic Law and any applicable order of the New York state department of transportation shall be a misdemeanor or traffic infraction as designated in such law, and shall be punishable as therein provided.

(b) Such laws and orders adopted by State University of New York shall be enforced in any court having jurisdiction.

(c) A complaint regarding any violation of the Vehicle and Traffic Law and department of transportation order, or any traffic ordinance applicable on such premises shall be processed in accordance with the requirements of applicable law.

(d) A complaint regarding any violation of a campus rule shall be in writing, reciting the time and place of the violation and the title, number or substance of the applicable rule.

(e) The complaint must be subscribed by the officer witnessing the violation and attached to the vehicle involved.

(f) The complaint shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, fines may be paid at the accounts receivable office or the [public safety] university police office.

(g) The complaint shall recite that a hearing may be requested within a period to be prescribed by the college council after service of the charges by appearing in person at the [office of public safety director] university police office or at accounts receivable.

(h) The complaint shall recite that should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the period as prescribed by the college council, the complaint is proved and shall warrant such action as may then be appropriate.

Section 564.9 is amended to read as follows:

§ 564.9 Penalties.

Violators of any of the campus parking rules will be subject to a traffic citation returnable as directed and may be penalized in accordance with the following schedule:

(a) Any violations of the campus parking regulations. All offenses— $15 each for the first through the third citation received during the academic year.

(b) Any violations of the campus parking regulations. All offenses— $20 each for the [second] fourth through the fifth citation received during the academic year.

(c) Any violations of the campus parking regulations. All offenses— $25 each for the sixth and any subsequent citation received during the academic year. In addition, the vehicle will be towed.

(d) Handicapped and fire lane parking violators will be assessed at [$50] $100 per offense. Signs shall be posted indicating penalty amount.

(e) Fines shall be payable within 24 hours at the accounts receivable office[, room 243, administration building,] or in sealed envelopes at the [public safety] university police office. Appeals must be filed within 10 days at either accounts receivable office or [public safety] university police office.

(f) Failure to pay fines or appeal within time period designated shall be considered a proved complaint and college shall take appropriate action.

(g) A late fee in the amount of $15 will be imposed in the case of proved complaints not paid within 30 days. The prosecution and collection of fines involving visitors shall be in accordance with applicable law. Unpaid fines may be deducted from the salary or wages of an offending officer or employee of the college. In the case of students, grades and transcripts shall be withheld until all fines are paid. Faculty, staff or students with outstanding violations may not register their vehicles until the fines have been paid.

(h) The towing of a vehicle and/or revocation of a campus motor vehicular registration and a loss of parking privileges may be imposed for the balance of the academic year September 1st to August 31st, upon a finding that six or more campus parking violations have been incurred during an academic year. Violations for which appeals are subsequently made and granted shall be excluded from the calculation of accumulated violations.

Section 564.10 is amended to read as follows:

§ 564.10 Special events and emergencies.

(a) On special occasions and emergencies, parking restrictions will be regulated by the [public safety office] university police office as required.

(b) For certain college events, parking may not be limited to parking lots; specific roads and/or areas not otherwise used for parking may be designated for parking by the [public safety office] university police office.

Section 564.11 is amended to read as follows:

§ 564.11 Enforcement.

(a) Routine enforcement of this Part is the responsibility of the [public safety] university police office.

(b) General oversight of these procedures in relation to student offenders is the responsibility of the vice president for student development, as is disciplinary action beyond the penalties specified above.

(c) General oversight of these procedures in relation to faculty is the responsibility of the vice president for academic affairs, as is disciplinary action beyond the penalties specified above.

(d) General oversight of these procedures in relation to classified staff members is the responsibility of the vice president for [finance and] administration, as is disciplinary action beyond the penalties specified above.

Text of proposed rule and any required statements and analyses may be obtained from:

Joseph Storch, Assistant Counsel, State University of New York, System Administration, State University Plaza, S321, Albany, NY 12246, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory authority: Education Law § 360(1) authorizes the State University Trustees to make rules and regulations relating to parking, vehicular and pedestrian traffic and safety on the State-operated campuses of the State University of New York.

2. Legislative objectives: The present measure makes technical amendments to the parking and traffic regulations applicable to the State University of New York College at Oneonta and also will increase allowable fines for violation of parking regulations.

3. Needs and benefits: Parking fine thresholds applicable to violation of campus parking regulations have not been changed for a number of years. In the meantime, many municipalities have increased parking fines for violation of local parking ordinances, particularly for violation of handicapped parking rules. The increase proposed here will allow SUNY Oneonta to have their fines increased to levels comparable to local municipal rules, thus strengthening incentives to avoid violation of campus parking rules.

4. Costs: Individuals who violate the parking rules will experience higher fines.

5. Local government mandates: None.

6. Paperwork: None.

7. Duplication: None.

8. Alternatives: There are no viable alternatives.

9. Federal standards: There are no related Federal standards.

10. Compliance schedule: SUNY Oneonta will notify those affected as soon as the rule is effective. Compliance should be immediate.

Regulatory Flexibility Analysis

No regulatory flexibility analysis is submitted with this notice because this proposal does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College at Oneonta.

Rural Area Flexibility Analysis

No rural area flexibility analysis is submitted with this notice because this proposal will not impose any adverse economic impact on rural areas or impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College Oneonta.

Job Impact Statement

No job impact statement is submitted with this notice because this proposal does not impose any adverse economic impact on existing jobs or employment opportunities. The proposal addresses internal parking and traffic regulations on the campus of the State University of New York College at Oneonta.