PARKING TICKETS ON DIPLOMATIC VEHICLES NO LONGER AUTOMATICALLY DISMISSED UNDER CITY PLAN EFFECTIVE 1 APRIL, HOST COUNTRY COMMITTEE TOLD

10 March 1997

Press Release
HQ/572

PARKING TICKETS ON DIPLOMATIC VEHICLES NO LONGER AUTOMATICALLY DISMISSED UNDER CITY PLAN EFFECTIVE 1 APRIL, HOST COUNTRY COMMITTEE TOLD

19970310 United States Says Diplomatic Immunity Not License to Violate Law; Committee Establishes Working Group to Consult with Host Country, Legal Counsel

The City of New York has approved a plan to compel the payment or adjudication of all parking summonses on diplomatic vehicles, to enter into effect on 1 April, the representative of the United States told the Committee on Relations with the Host Country this afternoon. Under the plan, he said, which the United States State Department has deemed consistent with its obligations as host country, parking summonses on diplomatic vehicles will no longer be dismissed automatically. Diplomatic immunity was not a license to disregard the laws of the host State, the United States representative told the Committee. The operation of a motor vehicle in the United States by diplomatic personnel was not a right, but a privilege that might be withdrawn in cases of abuse. Under the plan, dedicated parking spaces would be allocated to each mission, and a special hot line activated to assist diplomats on parking and enforcement issues. The representative of the Russian Federation was among many delegations raising concerns about the proposed arrangement and the unilateral manner of its introduction. He said the idea that the registration of diplomatic vehicles might be cancelled for a failure to pay parking tickets was a cause of great concern. As was the proposed 1 April date for implementation. New York City received over $3 billion a year thanks to the presence of the United Nations, he added. What did the United Nations and diplomatic missions get in return for enabling the city to claim the title of "capital of the world"? There was a need for constructive cooperation in seeking a solution to the problem of diplomatic parking. Acting on a proposal by the Russian Federation, the Committee subsequently decided to establish an open-ended working group on the matter. It would work closely with the host country and the United Nations Legal Counsel and report to the Committee "in a reasonably short time", the Committee Chairman said. The Chairman will preside over the new body. Also making statements this afternoon were the representatives of France, Spain, Costa Rica, China, Cyprus, United Kingdom, Honduras, Belarus, Bulgaria and Cote d'Ivoire. New York City Deputy Mayor Randy Mastro gave further details on the City's plan and responded to questions.

The Committee will meet again at a date to be announced in the Journal.

Work Programme

The Committee on Relations with the Host Country met this afternoon to take up transportation issues, including the use of motor vehicles, parking and related matters.

The Committee has before it a letter from the Russian Federation to the Chairman of the Committee (document A/AC.154/300), which transmits a note verbale dated 30 December 1996 from the Russian Federation to the Office of Foreign Missions of the United States Department of State. The note describes a 29 December 1996 incident between the First Secretary of the Permanent Mission of the Russian Federation and two officers of the New York City Police Department during which one of the officers broke the arm of the Russian diplomat. The note describes the incident as an attack on a person enjoying diplomatic immunity and protection, which violated international law. It requests that the United States investigate the incident and provide compensation for damages, including hospital fees, treatment expenses and disability leave costs.

A letter from the Permanent Representative of Belarus to the Committee Chairman (document A/AC.154/301) transmits a note verbale from Belarus to the United States describing the same incident, also terming it a violation of international law and calling for a thorough investigation.

A 10 January 1997 letter from the Russian Federation (document A/AC.154/302) transmits a note verbale from that permanent mission to the United States. The note transmits a "threatening leaflet" which had been attached to windscreens of diplomatic vehicles parked near the Russian Federation Mission. That leaflet, from the "East Side Neighborhood Committee" urges compliance with the law, stating "if you don't comply we will spray- paint your car and take the air out of your tires".

A 5 February letter from the Russian Federation to the Host Country Chairman (document A/AC.154/303) also transmits the text of a note verbale to the United States. The note describes the posting of the threatening leaflets on the diplomatic vehicles.

Transportation Issues

BILL RICHARDSON (United States) said New York City's concerns with respect to diplomatic parking were clearly warranted. The streets of New York were among the most congested in the world. To minimize such congestion and ensure public safety and fair access to parking, all persons operating motor vehicles must obey the relevant laws. In the interests of equity, and to eliminate the public perception that the diplomatic community was somehow above the law, the City had developed a revised policy regarding the parking of diplomatic vehicles.

He said that both the policy and programme had been reviewed by the Untied States Department of State, which had determined that they were consistent with international law, as well as with the host country's obligations to the United Nations and the United Nations community in New York. "I personally support the programme, and ask that my colleagues in other missions give it their full support as well", he said.

The programme contained a number of benefits for the diplomatic community, he continued. Dedicated parking spaces would be made available to each mission, and a special summons adjudication office and police department hot line had been created to assist diplomats with parking or enforcement issues. Beginning on 1 April, the owners of diplomatic vehicles that have

parked illegally would be expected either to pay or otherwise adjudicate all parking summonses received. Such summonses issued to diplomatic or consular vehicles would no longer be dismissed automatically.

He said the new parking policy had grown out of the City's concerns to minimize congestion, ensure public safety, and provide fair parking access to all vehicles. Diplomatic immunity was not a license to disregard the laws of the host State. The operation of a motor vehicle in the United States by diplomatic personnel was not a right, but a privilege that might be withdrawn in cases of abuse. He added that "greater accountability when those laws are disregarded will remove a longstanding irritant that has tended to erode the respect and goodwill traditionally enjoyed by diplomats in New York".

RANDY MASTRO, Deputy Mayor of New York City, said that diplomats who did not pay parking fines for 12 months would in future be considered "scofflaws". For those vehicles, the Office of Foreign Missions, New York, would notify the vehicle registrant that the vehicle could not be legally operated until that status was removed. Upon such notification, the State Department would request that the diplomatic plates be returned until the scofflaw status was removed.

Should such vehicles be towed, he continued, diplomatic license plates would be removed and the vehicles would not be released for operation by the owner without evidence of valid insurance and State Department registration. The owner could have the vehicle towed from the impoundment facility at his or her expense, but the vehicle could not be operated until it was registered in conformity with State Department regulations.

He said that the new regulations would apply to the registrant of any vehicle identified by New York City as having received one or more violations for parking in front of a fire hydrant during the period 1 January 1997 and the start of the programme. Those vehicle registrants would be notified by the State Department of the existence of an outstanding fire hydrant violation and they would be requested to satisfy it.

SERGUEI N. KAREV (Russian Federation) said New York City authorities had again violated the understanding reached with the diplomatic corps with respect to fines for parking violations by diplomatic motor vehicles. As recently as 14 February, diplomats had been assured that tickets on diplomatic vehicles were automatically voided. Early this year, however, the Mayor's office "resolutely took to the parking warpath against us".

During the past few months, the number of tickets given to cars of his Mission had increased dramatically, he said. Tickets had even been given to the car of the Russian Permanent Representative when the driver was inside waiting for the Ambassador to leave a protocol meeting. The police had also long been ticketing diplomatic vehicles for the lack of a technical inspection sticker, knowing that diplomatic cars carried a substitute sticker on the rear license plate. It also often happened that normally parked cars were ticketed.

The idea that the registration of diplomatic motor vehicles might be cancelled for a failure to pay parking tickets was a cause of great concern, he said. Such factors placed obstacles to the normal functioning of missions. Although parking problems also existed at other United Nations system sites, such as Geneva, Vienna or Paris, not one of those cities had transformed the parking issue into a weapon of warfare against the diplomatic corps.

New York City received more than $3 billion a year thanks to the

presence of the United Nations Headquarters, he said. What did the United Nations and the diplomatic missions get in return from the city claiming the title of "capital of the world"? he asked. Perhaps, after 50 years, the city had grown tired of the United Nations. What kind of "capital of the world" would it be without the largest international organization?

The search for a solution to parking-related problems must be undertaken in a spirit of constructive cooperation by all the parties concerned, he said. The Committee on Relations with the Host Country should play a significant role in the search for mutually acceptable solutions to the parking issue. The date of 1 April was a matter of concern, as it had not been preceded by consultations. It might be useful for the United Nations Legal Counsel to draw up expert findings on the safeguarding of privileges and immunities accorded to Missions accredited to the United Nations. It would also be useful to establish a special working group of the Committee, similar to its working group on political indebtedness.

He expressed surprise that the action by New York City authorities had received support from the United States federal authorities. The potential of mutual understanding and cooperation, accumulated over the years -- including that with New York City authorities -- should not be sacrificed to emotions and petty interests, he said.

PHILIPPE THIEBAUD (France) said that the diplomatic community had a duty to present a good image to the host country of any international organization. But the host country -- particularly of the United Nations during its fiftieth anniversary -- also had duties. Since 1994 the Committee had heard talk of a plan to remove the diplomatic privileges of certain ticketed vehicles. But the non-renewal of diplomatic license plates would be a violation of international law. It was not a matter of courtesy. Freedom of movement was essential to the functions of a diplomat.

Diplomats often needed vehicles to perform their work. Those diplomats should pay their fines, although in Paris those fines were not recoverable. The host country would not be able to force payment of fines, he said. The provision of diplomatic license plates was an essential courtesy. His Government hoped that no unilateral measures would be undertaken that would present the diplomatic community with a fait accompli. He endorsed the creation of a working group.

JORGE SANCHEZ (Spain) said that he hoped that the situation would be resolved through cooperative negotiation. His Government reserved its right to communicate its views directly to the Government of the United States. He requested that New York City inform the Host Country Committee about the number of parking fines given daily in the city, along with the percentage of those violations attributable to the diplomatic community. He also asked what percentage of fines were given to diplomatic vehicles, and to what extent the traffic of diplomatic vehicles were an obstacle to the flow of traffic in the city. He suggested that the representatives of the host country consider the repercussions of the proposed action, including those measures that might be taken in other countries vis-á-vis the vehicles of diplomats from the host country.

EMILIA CASTRO DE BARISH (Costa Rica) said the host country representative had referred to "legal parking". The difficulties sometimes faced by diplomatic missions and personnel with respect to parking had been noted. However, such problems were now continuous. Diplomats had been assured that their parking tickets would be voided. For her part, she always parked in spots that were legal even for vehicles that did not have diplomatic

plates, and still she received tickets.

She did not consider herself to be a scofflaw, she continued. Very often, non-diplomatic vehicles parked in diplomatic spots were not fined and they were not considered to be scofflaws. Reference had been made to a hot line, but such hot lines were often busy. There must be a balance in the parking laws. She hoped the problem could be resolved in a balanced manner.

WANG CHENGJUN (China) expressed gratitude for the facilities that had been provided over the past 50 years by the host country. Those facilities had enabled the United Nations to achieve noteworthy results. However, diplomats had also been troubled by certain problems, including those relating to parking. Much remained to be done with respect to the host country's efforts in that area. His delegation was prepared to explore the issue, in an effort to arrive together at a just solution. He supported the proposal made by the Russian Federation. The Committee should establish a special working group to study the issue constructively. In that manner, a solution might be reached that would be acceptable to all sides.

CONSTANTINE MOUSHOUTAS (Cyprus) said that it was with some disappointment that he heard the presentation by New York City of new proposed regulations drafted without any consultation with the Committee. The Committee needed advice from the United Nations Legal Counsel. He asked New York City's representative to provide confirmation about the number of official parking spaces that would be provided to missions. The official parking spaces currently provided to his mission were often occupied by unauthorized vehicles, he said.

Mr. MASTRO, Deputy Mayor of New York City, said that certain spaces were currently allocated to permanent missions and consulates. If people were improperly using those spaces, New York City would take action. If diplomats felt that they had been given tickets in error, a special response team was available for consultation. New York City would provide the Committee with information regarding the percentage of parking tickets given to diplomats. As a general rule, diplomats were violating the law much more often than other categories of drivers.

He was pleased that the representative of France had suggested that diplomats should pay their fines. To those who had suggested that the new regulations would have consequences, he said that they were correct -- the City would take action against those violating its parking rules. A new protocol had been implemented and was working well in Washington, D.C. In New York City, everyone lived in very close proximity and all citizens of the City needed to be good neighbours.

It was the intention of New York City to discuss the issue between now and 1 April, he said. It was the City's intention, though, to implement the agreement on that date. The City cared about fairness. It was not fair for one mission to have accumulated thousands of tickets amounting to over $1 million dollars in fines. The Russian Federation was responsible for far more parking violations than any other permanent mission.

ELIZABETH WILMSHURST (United Kingdom) said crowded capitals were constantly exhorting the diplomatic community to pay its parking tickets. The Vienna Convention on Diplomatic Relations required diplomats to obey the law, as did the host country agreement. However, that was without prejudice to privileges and immunities, which meant enforcement action could not be taken by the host country. Representatives must communicate the new proposals to their capitals and determine if they were acceptable. If the Legal Counsel were to be asked for his opinion, the matter could be addressed within the

timetable proposed by the city authorities and the representative of the United States.

Ms. CASTRO de BARISH (Costa Rica) said the Deputy Mayor's answer left her defined as a scofflaw, but by her own definition she was not. In addition, it was not the host country which was determining whether parking by diplomats was legal in particular instances. The correction of such errors could be extremely complicated and take up a great deal of a diplomats' time. The Committee should set up a special working group to seek solutions acceptable to all concerned.

Citing the current schedule of meetings at the United Nations, she urged the representative of the City to postpone the planned date for implementation of the plan. It should be pushed back for at least another month, she said.

JULIO ANTONIO RENDON BARNICA (Honduras) said the diplomatic community must comply with all regulations for the parking of vehicles. However, the city authorities should also cooperate with the missions to facilitate their work. Missions should pay their fines, but it was unacceptable that there should be coercive measures to force such compliance. One member of his mission had received seven summons for the same offence at the same time of day. If that were to continue, how long would it be before his mission's diplomatic plates were withdrawn? he asked.

VICTOR MARRERO (United States) said that he had personally spoken to the Committee three years ago, indicating that his Government would inform the Committee of any new programme that might be put into effect. There was a conflict between the issuance of driving licenses and license plates and the difficulty of violations of the law. A diplomatic license plate was not a permit to violate the law of the host country.

Nothing in international law gave diplomats the right to violate the laws of host countries, he said. While nothing in the Vienna Convention allowed the prosecution of diplomats, host countries did reserve the right to resort to the expulsion of diplomats. In situations of serious violations of the law, cars might be removed. As to scofflaws, he said that the issuance of a ticket did not brand one a scofflaw. Consistent with its pledge, his Government would not implement the programme until 1 April. If the programme could be improved and refined before that date, or after, it could be adjusted.

ALEG LAPTSENAK (Belarus) said that despite repeated requests to New York City and to the Government of the host country, the situation was getting worse from year to year. Normal conditions for permanent missions in New York had still not been established. Harm was being done both to the authority of the United Nations and to the image of the diplomatic community, in the eyes of American public opinion.

New York City had today indicated its intention to remove the license plates of ticketed vehicles, he continued. Yet, a solution to the current problem depended upon them. The City had not clearly replied to questions put to it by the Committee. His mission had no specially-designated parking places. His mission was in a building with four other permanent missions and the four missions shared 10 spaces between them. Often, those parking spaces were used by private individuals and diplomatic vehicles were often blocked by vehicles double-parking.

In New York, one often heard negative comments about diplomats, he said. He wondered why certain diplomatic missions were favoured with special temporary parking permits. Why were not those privileges extended to all

diplomatic missions? he asked. He hoped that New York City would provide his mission with adequate parking facilities for its requirements.

CHRISTO S. CHRISTOV (Bulgaria) said that in response to the efforts of the Host Country Committee, the problem of diplomatic indebtedness had diminished. It was highly probable that the Committee would also achieve viable results and acceptable solutions to the parking question.

The Chairman, NICOS AGATHOCLEOUS (Cyprus) said that the Committee seemed to generally agree that: a working group should be established to examine the issue; the Legal Counsel should provide advice; and, because time was short, the Committee might request a delay in implementation of the programme.

ROBERT C. MOLLER (United States) said that the call for a legal opinion seemed to be in order. The host country was prepared to debate the issue within the Committee. The 1 April date, however, was firmly set. The City had a right to establish a programme and that programme had been studied by the State Department. The host country was awaiting the views of the legal counsel as to how the programme would square with the host country agreement. As to the idea of a working group, the host country would consult with Committee members and others over the next two weeks.

The representatives of the Cyprus, Côte d'Ivoire, Russian Federation, France, Costa Rica, China and Spain, endorsed the proposals of the Chairman.

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