Traffic Violations Bureau
| Court overview | |
|---|---|
| Formed | May 26, 1969 |
| Jurisdiction | New York City and Rochester |
| Parent department | Dept. of Motor Vehicles |
| Key document | |
The Traffic Violations Bureau (TVB) is an administrative court of the New York State Department of Motor Vehicles that adjudicates non-criminal traffic violations (other than parking violations) in New York City and Rochester.
The TVB conducts its proceedings according to the regulations in the New York Codes, Rules and Regulations. The National Motorists Association assists motorists and offers attorney referrals to motorists appearing before the TVB.
The DMV TVB is an administrative court that is not part of the judiciary, but an executive agency with different procedures regarding elements ranging from rules of evidence to threshold for conviction. The function of the judge is carried out by an administrative law judge, or ALJ. The sole options are to plead guilty or not guilty: plea bargains are not conducted, nor can the judge reduce a charge, only rule guilty or not guilty on the stated charge. After a guilty finding, the DMV ALJ may impose any penalty authorized by the Vehicle and Traffic Law, including suspension or revocation of a driver's license and/or motor vehicle registration, but not including imprisonment. There is no absolute right to a supporting deposition, and rules on admissibility of hearsay evidence are far more lax than in court. Typically, the hearing consists simply of each side presenting its story, the allowance of hearsay negating the necessity of formalities such as sworn witnesses and the like.
Administrative appeals are made to the DMV Motor Vehicle Appeals Board. There is a fee of $10 for the appeal and $50 for the transcript that must be ordered.Judicial review of the appeal is made under article 78 of the Civil Practice Law and Rules, which is equivalent to a writ or order of certiorari, mandamus and/or prohibition.
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