209 "Summonses" Flashcards
2 209-01 Conditions of service
(1/31/22)
UMOS should know you can give summons/notice of violation to anyone _____ years or older unless UNABLE TO CARE FOR SELF due to __________ (3 reasons)
UMOS should know, in regards to penal law summonses we may only write VIOLATIONS.
However there are three Penal Law violations we CANT write
Those Penal Law violations are ____________ (3)
We are also NOT allowed to write a VTL summons for a plate cover to an out of state vehicle unless we know that the states license place also does NOT allow license plate covers
In PROPERTY DAMAGE ONLY cases, a summons returnable to the Traffic Violations Bureau may be served even though the member did not observe the offense (see Vehicle and Traffic Law, Section 602) for traffic offense of “Leaving the Scene of a Collision Without Reporting”
^(If operator is injured then we CAN NOT write the summons!!)*
16
Illness, injury, intox (or any other circumstance that would make a summons a bad idea) (MUST BE Unable to care for self!)
- Appearance in public under influence of drug (NOT ALCOHOL)
- Failure to respond to appearance ticket
- Criminal solicitation (asking someone to commit a crime/we must arrest)
2 209-01 Conditions of service
(1/31/22)
UMOS should know we CAN write admin code violation for Misd/violation EXCEPT cigarette tax (we must arrest).
However we may write agriculture and markets violations for anything concerning animals. (Any misd/violation)
The only TAX LAW violation we can write is on “highway use tax”.(misd/violation)
We also CAN NOT write VTL summons for:
-Leaving Scene of Personal Injury Collision.
- Motor Vehicle Transporting Dangerous Articles.
- False Statement, Alteration of Records or Substitution in Connection With Examination.
- Sale of False License, Certificate of Registration or Number Plate.
- Sale of Motor Vehicle or Motorcycle with Changed Identification Number.
- Wrongful Possession of Motor Vehicle or Motorcycle with Changed Identification Number.
- Peace Officer’s Duties Re: Stolen Motor Vehicles and Motorcycles with Changed Identification
Number.
- False Statement, Sale or Transfer of Stolen Motor Vehicle or Motorcycle.
- Operating Motor Vehicle or Motorcycle While in Intoxicated Condition Or Ability Is Impaired By
Use Of Drugs Or Alcohol
UMOS should know for any damaged summonses NOTIFY your___________ without delay
UMOS should also know that these laws have no exceptions to violations or misdemeanors we can write _________ (acronym) CHAN TL BMW
C.O!
(CHAN TL BMW)
Charter
Health code
Alcoholic Beverage control law
Navigation law
Traffic regulation
Labor law
Business law
Multiple dwelling law
Workmans comp law
1 209-04 Summons RTD(1/31/22)
209-02
Parking violations offenses including stopping, standing, parking falls under jurisdiction of ____________
Traffic violations (other than standing, stopping, parking) include those committed by bicycles falls under jurisdiction of _________
*(Remember 209-09 ________ CANNOT answer summons by mail, only motorized bike operators can)
Pedestrian offenses, traffic misdemeanors (reckless driving) falls under jurisdiction of_________
GARAGES AND PARKING LOTS falls under jurisdiction of_________
Vendors, noise, and air code falls under jurisdiction of ________
GRAFFITI law violations, public health law (canine waste), sanitation provisions falls under jurisdiction of ______
Criminal Court: As per FINEST message transmitted daily, Enter address of Borough Criminal Court in appropriate caption of the summons, Enter room number in box captioned “SUMMONS PART”, The D.O is required to announce summons return date at Roll Call.
OATH- return date will be provided by D.O/Counterpart at Roll Call.
Parking violations have NO RTD (information is printed on summons)
TAB summonses RTD is _______ unless holiday/RDO/weekend then make it ____________
(DO NOT ISSUE TAB/NOV SUMMONS TO ___________)
NYC dept of finance
NYS DMV
Pedal bike violators
Crim court
Crim court
OATH
OATH
28 days after date of issuance unless RDO, weekend, OR Holiday then make it the next business day thereafter
SOMEONE WHO RESIDES IN A SHELTER!!
2 209-06 Quality control for C summonses (1/31/22)
The D/O will get return date and color of day from _________ via ______for announcement at roll call.
Give ONLY “C” Summons return date to radio dispatcher with run down. (COD DOES NOT GO OVER RADIO)
The desk officer should know to _________ summons prepared with incorrect return date.
If “information section” on summons left blank or unsigned, the desk officer should send it to ________________
If loitering summons is prepared for one of the newly revoked subdivisions(1,3,4,7), the desk officer should send it to ________________
If marijuana summons with no attached “supporting dep” desk officer should send it to _________
UNDER NO CIRCUMSTANCE will members make changes so that court copy of summons is different than perps copy.
(Only changes UMOS can make is signing it OR filling out blank information section)
Corrections must be made by ____________
(UMOS should correct summonses as directed by ops coordinator and return the corrected summons to _________)
UMOS should also know if summons/TAB is prepared in error (before giving it to D.O) then they should give all parts to _______ and inform him of facts (209-18/19)
Operations via FINEST
Void- (D.O voids for incorrect RTD)
Training Sgt
Ops coordinator
Trainings Sgt
Next BUSINESS day
Ops coordinator
C.O!
1 209-07 Parkers (1/31/22)
When observing a vehicle that is illegally parked or in violation of NYC traffic rules, UMOS should not always run plan to see if it’s stolen, run the plate only if “circumstances warrant” (Damage consistent w/theft, discovered at location where parking of vehicles is unusual, summonses on it from previous date)
(IF CIRCUMSTANCES WARRANT, then run plate via “query NYSPIN through FINEST”)
UMOS should know not to summons derelict or abandoned vehicles.
Derelict vehicles(dilapidated, burned out, stripped, vandalized) should be \_\_\_\_\_\_\_\_\_\_\_ (Derelict vehicles without plates will be entered in to the \_\_\_\_\_\_\_\_\_\_\_\_ log)
Abandoned vehicles (no homeless person can be sleeping in car!) should be ____________.
“Abandoned vehicles” ( if left unattended) include vehicles on public street (which is not otherwise restricted by posted signs) for more than ______ consecutive days(public street).
More than ___________ on property of another without their permission.
Or more than _____ hours with no plates on a any highway or other public place.
Sanitation-Ed
Highway conditions record
Row-towed
MORE than 7 consecutive days- (public street)
MORE than 96 hours (4 days) - (property of another)
MORE THAN 6 hours-(highway)
1 209-07 Parkers (1/31/22)
UMOS should know WE DONT WRITE summons for OUT OF STATE registration stickers that have expired.
HOWEVER
An expired ________ issued out of state can be cited as an unregistered vehicle
Registration stickers are primary source of info for NYS vehicles
No more than _______ different types of PARKING summonses should be issued on one car parked at same location on same day.
Only write ____ particular parking violation to a vehicle at same location on same day.
Place “service copy” of Notice of Parking Violation and orange self-addressed envelope on windshield of auto.
(During inclement weather (rain, snow) fold summons to ensure information entered thereon remains legible.)
Enter information concerning summons on CERTIFICATION OF PARKING SUMMONSES SERVED (PD160-146).
Enter details in ACTIVITY LOG (PD112-145).
(Detach and retain pink copy of Notice of Parking Violation This copy will be returned with CERTIFICATION OF PARKING SUMMONSES SERVED card)
In-transit permit
3
1
3 and 1 rule only 3 different types of parking summonses one 1 vehicle per day
1 209-07 Parkers (1/31/22)
Upon observing a vehicle with 3 or more summonses UMOS should first check to see if the summonses were issued to that vehicle at that location, if so, then then UMOS should ___________.
If not stolen, the car may be VIOLATION TOWED, or ROW TOWED if abandoned.
If it’s getting violation towed the UMOS should call violation tow pound, and give them description and location (You don’t have to wait with car).
Diplomats staff vehicles (“S”) get written parking summonses just like everyone else!!!!!
However
Diplomats and consul get written ONLY for 8 parking summonses considered ‘safety hazards (ONLY IF UNOCCUPIED and Illegally parked) which are: _______
(But remember even though diplomat staff get written just like everyone else they still don’t need to carry insurance cards! 219-BIG DRAFT)
In Summons for diplomat we should put ____ in ______ box for state.
(“Diplomatic/consular/staff” plates are not required to carry insurance cards. However, the operator must carry a certificate of registration and their plates are red, white, and blue and issued by US dept of state!)
(REMEMBER in order to serve PARKERS car must be unoccupied!!)
Any omission or mis-description of any of the following mandatory identification
elements will result in dismissal of the PARKING summons:
a. License plate number
b. License plate type
c. Expiration date
d. Make of vehicle
e. Model of vehicle
UMOS should know an omission or mis-description of _________ will NOT lead to dismissal of summons. However MOS will not write a parking summons based on VIN # only!
IF the vehicles sticker expiration date or plate type is not visually available then do NOT simply mark the “n/a” box. ALWAYS insert a WRITTEN EXPLANATION as to why the info is not available. For example insert “covered”, “faded”, “missing”, etc.
Query finest to ensure its not stolen
Standing/stopping, fire hydrant/fire zone, cross walk/sidewalk, Bus stop, Double parking
DP in “other”
Vin #
- 3* 209-09 Personal service summons (B or C summons) (1/31/22)
- LIST OF MOST HAZARDOUS VIOLATIONS IN ADDITIONAL DATA IS LONG/JUST KNOW THAT DEFECTIVE BRAKES OR HEADLIGHTS IS NOT ON LIST, AND REMEMBER TO FALL UNDER THIS CATEGORY THE OFFENSE MUST BE A VIOLATION (INCLUDING UNLICENSED OPERATOR, BACKING UNSAFELY, TINTED WINDOWS which are violations!) (NO DWI OR AUO)*
For any movers or “C” summonses we should FIRST inform violator of offense committed and then request violator should proof of ID.
Conduct license and warrant check. Make A/L entry if not done, explaining why.
Remove violator to command for investigation IF doubt concerning ID exists.
(We can write summons in black or blue ink but only in BLOCK letters)
For ALL “C” summons fill out “information” section AFTER we let them go
For “C” summonses prepared to violators 18-21 UMOS must report facts to ______ (209-16) NEW
(If violator under 18 prepare JRSW)
If ID is in doubt put 1 under FOR INVESTIGATION. Once ID’ed write summons and let him go.
NO VOIDING ARREST/NO DAT.
THE D.O just makes a ____________ with name of cop and perp, location,time of incident, reason for removal to command,summons charge & #, time of arrival/departure, etc.
UMOS enter “RTR” to indicate “Right to Record” and Circle at the end of datails section of Criminal Court summons if violator recorded POLICE ACTIVITIES.
We could ask violator to sign bottom of summons, we don’t have to ask, if we ask, refusal to sign goes in A/L.
But if we never asked him to sign the summons then we don’t put anything in our A/L. (Strange rule!, refusal goes in A/L, but if we don’t ask then nothing goes in A/L)
For discon summonses, the UMOS will request P/S to respond when:
-Force is used,
-Perp is cuffed/searched/moved
-Perp is placed in RMP.
In which case the P/S determines validity of charge, and makes A/L entry of violators ID/condition and cops ID.
HOWEVER
IF Sgt can’t get to scene then remove to command and D.O determine validity and makes CLE.
(So if we write discon Summons and use force or place perp in RMP, then we can’t release until P/S arrives and makes A/L entry, if P/S can’t come to scene then remove to SH and D.O determines validity!!!)
C.O
CLE
3 209-09 Personal service summons (B or C summons)(1/31/22)
UMOS prepared JRSW for a violator who is at least 7 and less than 18yrs old , unless offense is a Traffic infraction , Violation, or VTL misdemeanor.
- Operators of Limited use vehicles and/or bicycles who violate applicable provisions of the traffic law will be issued a Summons, provided such individuals are 16yrs or older. In such cases, JRSW is NOT required.
Check “commercial vehicle” box for vehicle with mass gross weight of _____________
(IF commercial vehicle over 26k is also placarded (as required for transporting of hazmat) then check ONLY _________ box instead of checking “commercial vehicle box”)
Check “bus” if vehicle designed to carry ____________
UNDER NO CIRCUMSTANCES WILL AN ISSUING MEMBER OF THE SERVICE
WRITE ON THE SIDE MARGIN OF THE SUMMONS. This area is used by the adjudicating agency concerned.
(When a bicyclist is issued a summons for a violation of the traffic laws, the word ________ will be entered in bold print on that portion of the summons designated for the ______________)
UMOS will select one of the following Reason Codes on a summons returnable to Criminal Court:
- Code 1 - Violator is an OATH Recidivist and not eligible for a Civil Summons returnable to OATH.
- Code 2 - Violator has a warrant or Probable Cause I-Card and is being returned to issuing court to
adjudicate warrant and summons, or is being arrested on a separate charge.
- Code 3 - Officer articulated a legitimate law enforcement reason to issue a summons returnable to Criminal
Court in lieu of OATH for a CJRA violation.
- Code 4 - Violation cited is not covered under the CJRA (e.g., Penal Law violations) or subject violated
multiple rules in which at least one is returnable to Criminal Court (all summonses returnable to Criminal Court).
• If Code 4 and any other code(s) are applicable, select Code 4.
Code1-Oath recidivist
Code2-Warrant/ICard
Code3-Enforcement exception
Code4- Not oath, multiple offenses and one isn’t oath
OVER 26K POUNDS
“Hazardous material”
16 or more ppl (including driver)
“BICYCLE”
Year and Make of vehicle
209-11 “C” summons (I.O 29)
(1/31/22) not in ellite package
“C” summons has been revised with addition of:
- Deft not providing cell AND home phone # ,write “N/A or Refused”
- Race of offender
- Court appearance location has fillable bubbles now SO DONT WRITE IN THE ADDRESS to crim court
- “Trespass affidavit” is now on reverse side of “original” copy of summons
- “Sample factual allegations” have been included on the reverse side of the “agency/police copy 1” and “agency police copy 2” for common summonable offenses such as “unlawful poss. of marijuana” AND “trespass” AND “public urination” AND “possession of synthetic cannabinoids”
INFO
209-16 Special procedures
If you observed a mover but couldn’t write it, notify ___________
Premise licensed by SLA (state liquor authority) notify ______ always and _______ IF INSIDE premises.
(Seize beverage as evidence as give to ______ who send to boro prop clerk)
For speeding summonses circle actual speed when violator is traveling ____ OR MORE OVER speed limit
C.O
C.O and D.O
D.O
25mph or more over speed limit
209-17 Report instead of summons
Report facts, in writing, to C.O instead of issuing summons for: ___________ and __________ and __________
Health code 87.03
Admin code B32-58
Certain regulations for dept of consumer affairs
209-20 Summons served outside command
If summons served outside command UMOS should prepare _____ copies of “summons receipt”.
The D.O of the OUTSIDE COMMAND signs it and gives UMOS a copy
The first platoon D.O of that outside command then has summons processed, SIGNS AND DATES receipt, and send it to cops command
Summons for air pollution desk does a UF50 to ___________
2
Bureau of enforcement, NYC dept of air resources
209-22 Summons notification
________ should make __________ to agency concerned when summons have been served for:
Soliciting contributions in public ___________
Traffic offense by operator of parks dept vehicle __________
Moving traffic infraction committed by school bus __________
Summonses to private catering vehicle __________
D.O should fwd a duplicate copy of summons served for “no commercial motor vehicle tax stamp” to _______________ accompanied by report on typed letterhead indicating reason summons was served.
D.O
Telephone inquiry
Dept of social services
Parks dept, director of maintenance
NYC DOE, office of pupil transportation
Business integrity commission
Chief of dept, IRS
209-23 TLC SUMMONSES
The D.O CAUSES (makes P.O do it) preparation of an LD6 (“report of violation from us to taxi/limousine commission) if cabbie:
-Gets arrested or
-Becomes an aided case or
-Fare disputes.
DO NOT PREPARE AN LD6 FOR SUMMONSES ON CABS!!
The D.O then forwards one copy of LD6 to TLC and files the other copy in command.
The _______ settles taxi fare disputes
The ________ photocopies (2 copies) “C” summons/movers/ECB (NOT Parkers) and sends one copy to TLC, IN LEIU OF LD6 (report of violation), and files the other one in command.
TSO then puts next number from the “report of violations” log (LD6) log on top of both copies.
(NO LD6 ACTUALLY REQUIRED BECAUSE THERE IS NO LD6 FOR SUMMONSES)
If you inspect a cab involved in a collision, violation of law, or used in a crime note all defects and report facts through ________ to _______
(Cabbies can’t conceal evidence OR assist voluntarily in escape AND they MUST report any involvement with escape, or commission of crime)
D.O
TSO
Through C.O to TLC
4 209-24 Mandatory Drivers license check (1/31/22)
You must check drivers license for ______or_____or _____or______
For NYS licensees or vehicle collisions with no injuries you MUST check ID if _________________
If you must do check but don’t have an MDT YOU MUST do 3 things in order __________
NEVER DETAIN A PERSON FOR A CAR STOP BECAUSE YOU CANT RUN THEIR ID
When doing a license check ALWAYS run a ___________
If perp has ID’s w/ different names, DOB’s, suggesting additional driving records/identifications then VOUCHER THEM, and fill out form titled “Consolidation of client ID request” (so DMV will fix their records) and give form to ___________ for REVIEW BUT THE ____ MUST DISTRIBUTE FORM (as per instructions on form)
- Also run perp through BADS, CARS, etc. to see if he has any aliases, and inform perp if he intentionally lies it’s a misd*
- IF DMV computer inoperative and license check cannot be conducted, and operator possesses a valid drivers license, registration, and insurance then the UMOS will make an entry is his A/L and include operators name, address, phone #, DOB, and drivers license #*
-Traffic collision w/PI or death (visible or not), -NON-NYS license -RMP has an MDT -other situation, which require further investigation
If you have an MDT in the RMP
- Call for car with one
- Go through radio
- If DMV down, release and make A/L entry
“Group search” WITHOUT middle initial or DOB
D.O for review BUT A/O distributes form
2 209-25 Warrant Checks over citywide 1 and 2 radio (1/31/22)
Prior to issuing a “C” summons or TVB summons in field, UMOS will conduct a federal, state, and local warrant check on all individuals
FIRST STEP UMOS should take is to notify communications section radio dispatcher of the nature and location of the stop, including whether it’s a one or two man unit.
Citywide 1 is used in boroughs ______________
City wide 2 is used in boroughs ______________
10-18 means- __________
10-19 means- __________
10-16 means-________
10-17 means- _________
10-14 means-________
10-15 means-________
If in RMP with MDT, do ________ first through MDT.
Do _______ second either through communications IF HE COMES UP CLEAN IN FIRST CHECK. OR AT SH IF HE COMES UP WANTED IN FIRST CHECK.
If ON FOOT or in RMP without MDT call for an RMP that has MDT first!!
(So in impact before we went over radio for “C” summons we had to call a car with an MDT first!)
If car is unavailable then _____________)
Manhattan and Bronx
Brooklyn, Queens, SI
10-18 - Wanted (1 under FOR INVESTIGATION)NOT automatically 1 under
10-19 - Not wanted
10-16- Vehicle reported stolen
10-17- Vehicle not reported stolen
10-14-License plate check-Occupied/Suspicious
10-15-License plate check-Unoccupied or Occupied and non-suspicious
WINQ- first check
WNAM- second check- through communications if he’s clean - BUT At SH if he’s dirty
Have communications do both checks!
209-26 Suspended/Revoked License
For suspended/revoked license UMOS should confiscate license and prepare 2 forms. These two forms are “Seized Drivers license receipt/report” AND “Consolidation of client ID request”
Have his vehicle parked legally until he can have a licensed driver pick it up.
If he claims he got it fixed in last ____ days AND shows paper, he’s good!
But if he makes claim w/o paper, then call ____ between 0830-1600, M-F.
BUT if DMV closed then request claim of verification through ________.
If claim isn’t verified, lock him up, and tell him to go to DMV for temp license.
The _______ forwards license AND top 1/2 of “seized….” report along with “consolidation….” report as per instructions on form.
***REMEMBER for mandatory drivers license checks the cop gives “consolidation of client ID request” form to D.O for review, but the cop distributes it HOWEVER when perps license is suspended/revoked then the D.O distributes “consolidation of client ID request” **
14 days
DMV 0830-1600 M-F
FINEST
D.O
REMEMBER for mandatory drivers license checks the cop gives “consolidation of client ID request” form to D.O for review, but the cop distributes it but when it’s prepared for suspended/revoked license the D.O forwards it*
209-27 Removal of Ignition key
If UMOS sees key in ignition of an unattended vehicle for MORE THAN _______ lock ignition and take key.
Prepare 2 copies of “Removal of ignition key” form and put one on ____________
Put Admin code summons returnable to _____ on __________
The D.O should give owner back key if he shows up and DESTROY form.
And after __________ if person does not show up, the D.O should DESTROY form AND INVOICE the key to the property clerk.
3 minutes
Steering wheel
Parking violations bureau!
Windshield
48 hours
5 209-36 Electronic Summons tracking system (1/31/22)(1)
The C.O or DESIGNEE gets summonses for the command and should know where to get these summonses from.
Parkers/Movers/”C”’s you get from ________
Civil summons returnable to oath,
you get from ________
TAB/NOV you get from ________
The C.O or designee then safeguards and inspects for quantity and that they’re in numerical order, return irregulars on ________.
Designate secure receptacle for served summonses under DIRECT control of ______.
UMOS Examine Summonses are in 20 summons in pack (25 for TAB/NOV and OATH ). Served summons goes to D.O at EOT (MOS never puts in receptacle, gives to D.O).
UMOS should sign the distribution card when picking up pack of summonses from D.O/Designee.
Once 20 pack complete, sign and deliver certification card to _________________
UMOS- Unused summonses and CERTIFICATION with appropriate copies of each summons served to (get transferred/separated from dept) go to ________ of command where summons packet(s) were issued.
Damaged summonses the UMOS should notify ______ without delay!
NYC Dept of finance-Parkers/Movers/C
OATH
Transit Bureau Headquarter
Official Letterhead(new) D.O
Clerical staff (NOT TO D.O!)
D.O/Distributing supv
C.O
