Amd §§235, 236, 237, 239, 240, 241, 1809, 1809-e & 401, add §1180-d, V & T L; amd §87, Pub Off L
Establishes in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices.
STATE OF NEW YORK
________________________________________________________________________
10810
IN ASSEMBLY
May 18, 2018
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in the city of Buffalo a demonstration
program implementing speed violation monitoring systems in school
speed zones by means of photo devices; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 222 of the laws of 2015, is
3 amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
14 chapter as added by sections sixteen of chapters twenty, twenty-one, and
15 twenty-two of the laws of two thousand nine, or to adjudicate the
16 liability of owners for violations of subdivision (d) of section eleven
17 hundred eleven of this chapter in accordance with section eleven hundred
18 eleven-d of this chapter, or to adjudicate the liability of owners for
19 violations of subdivision (d) of section eleven hundred eleven of this
20 chapter in accordance with section eleven hundred eleven-e of this chap-
21 ter, or to adjudicate the liability of owners for violations of toll
22 collection regulations as defined in and in accordance with the
23 provisions of section two thousand nine hundred eighty-five of the
24 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
25 of chapter seven hundred seventy-four of the laws of nineteen hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15911-03-8
A. 10810 2
1 fifty, or to adjudicate liability of owners in accordance with section
2 eleven hundred eleven-c of this chapter for violations of bus lane
3 restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
4 section, or to adjudicate the liability of owners for violations of
5 section eleven hundred eighty of this chapter in accordance with section
6 eleven hundred eighty-b of this chapter, or to adjudicate the liability
7 of owners for violations of section eleven hundred eighty of this chap-
8 ter in accordance with section eleven hundred eighty-d of this chapter,
9 such tribunal and the rules and regulations pertaining thereto shall be
10 constituted in substantial conformance with the following sections.
11 § 1-a. Section 235 of the vehicle and traffic law, as amended by
12 section 1-a of chapter 222 of the laws of 2015, is amended to read as
13 follows:
14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
15 general, special or local law or administrative code to the contrary, in
16 any city which heretofore or hereafter is authorized to establish an
17 administrative tribunal to hear and determine complaints of traffic
18 infractions constituting parking, standing or stopping violations, or to
19 adjudicate the liability of owners for violations of subdivision (d) of
20 section eleven hundred eleven of this chapter in accordance with section
21 eleven hundred eleven-a of this chapter, or to adjudicate the liability
22 of owners for violations of subdivision (d) of section eleven hundred
23 eleven of this chapter in accordance with sections eleven hundred
24 eleven-b of this chapter as added by sections sixteen of chapters twen-
25 ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
26 adjudicate the liability of owners for violations of subdivision (d) of
27 section eleven hundred eleven of this chapter in accordance with section
28 eleven hundred eleven-d of this chapter, or to adjudicate the liability
29 of owners for violations of subdivision (d) of section eleven hundred
30 eleven of this chapter in accordance with section eleven hundred
31 eleven-e of this chapter, or to adjudicate the liability of owners for
32 violations of toll collection regulations as defined in and in accord-
33 ance with the provisions of section two thousand nine hundred eighty-
34 five of the public authorities law and sections sixteen-a, sixteen-b and
35 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
36 hundred fifty, or to adjudicate liability of owners in accordance with
37 section eleven hundred eleven-c of this chapter for violations of bus
38 lane restrictions as defined in such section, or to adjudicate the
39 liability of owners for violations of subdivision (b), (c), (d), (f) or
40 (g) of section eleven hundred eighty of this chapter in accordance with
41 section eleven hundred eighty-b of this chapter, or to adjudicate the
42 liability of owners for violations of subdivision (b), (c), (d), (f) or
43 (g) of section eleven hundred eighty of this chapter in accordance with
44 section eleven hundred eighty-d of this chapter, such tribunal and the
45 rules and regulations pertaining thereto shall be constituted in
46 substantial conformance with the following sections.
47 § 1-b. Section 235 of the vehicle and traffic law, as amended by
48 section 1-b of chapter 222 of the laws of 2015, is amended to read as
49 follows:
50 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
51 general, special or local law or administrative code to the contrary, in
52 any city which heretofore or hereafter is authorized to establish an
53 administrative tribunal to hear and determine complaints of traffic
54 infractions constituting parking, standing or stopping violations, or to
55 adjudicate the liability of owners for violations of subdivision (d) of
56 section eleven hundred eleven of this chapter in accordance with
A. 10810 3
1 sections eleven hundred eleven-b of this chapter as added by sections
2 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
3 two thousand nine, or to adjudicate the liability of owners for
4 violations of subdivision (d) of section eleven hundred eleven of this
5 chapter in accordance with section eleven hundred eleven-d of this chap-
6 ter, or to adjudicate the liability of owners for violations of subdivi-
7 sion (d) of section eleven hundred eleven of this chapter in accordance
8 with section eleven hundred eleven-e of this chapter, or to adjudicate
9 the liability of owners for violations of toll collection regulations as
10 defined in and in accordance with the provisions of section two thousand
11 nine hundred eighty-five of the public authorities law and sections
12 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
13 of the laws of nineteen hundred fifty, or to adjudicate liability of
14 owners in accordance with section eleven hundred eleven-c of this chap-
15 ter for violations of bus lane restrictions as defined in such section,
16 or to adjudicate the liability of owners for violations of subdivision
17 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
18 ter in accordance with section eleven hundred eighty-b of this chapter,
19 or to adjudicate the liability of owners for violations of subdivision
20 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
21 ter in accordance with section eleven hundred eighty-d of this chapter,
22 such tribunal and the rules and regulations pertaining thereto shall be
23 constituted in substantial conformance with the following sections.
24 § 1-c. Section 235 of the vehicle and traffic law, as amended by
25 section 1-c of chapter 222 of the laws of 2015, is amended to read as
26 follows:
27 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
28 general, special or local law or administrative code to the contrary, in
29 any city which heretofore or hereafter is authorized to establish an
30 administrative tribunal to hear and determine complaints of traffic
31 infractions constituting parking, standing or stopping violations, or to
32 adjudicate the liability of owners for violations of subdivision (d) of
33 section eleven hundred eleven of this chapter in accordance with section
34 eleven hundred eleven-d of this chapter, or to adjudicate the liability
35 of owners for violations of subdivision (d) of section eleven hundred
36 eleven of this chapter in accordance with section eleven hundred
37 eleven-e of this chapter, or to adjudicate the liability of owners for
38 violations of toll collection regulations as defined in and in accord-
39 ance with the provisions of section two thousand nine hundred eighty-
40 five of the public authorities law and sections sixteen-a, sixteen-b and
41 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
42 hundred fifty, or to adjudicate liability of owners in accordance with
43 section eleven hundred eleven-c of this chapter for violations of bus
44 lane restrictions as defined in such section, or to adjudicate the
45 liability of owners for violations of subdivision (b), (c), (d), (f) or
46 (g) of section eleven hundred eighty of this chapter in accordance with
47 section eleven hundred eighty-b of this chapter, or to adjudicate the
48 liability of owners for violations of subdivision (b), (c), (d), (f) or
49 (g) of section eleven hundred eighty of this chapter in accordance with
50 section eleven hundred eighty-d of this chapter, such tribunal and the
51 rules and regulations pertaining thereto shall be constituted in
52 substantial conformance with the following sections.
53 § 1-d. Section 235 of the vehicle and traffic law, as amended by
54 section 1-d of chapter 222 of the laws of 2015, is amended to read as
55 follows:
A. 10810 4
1 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
2 general, special or local law or administrative code to the contrary, in
3 any city which heretofore or hereafter is authorized to establish an
4 administrative tribunal to hear and determine complaints of traffic
5 infractions constituting parking, standing or stopping violations, or to
6 adjudicate the liability of owners for violations of subdivision (d) of
7 section eleven hundred eleven of this chapter in accordance with section
8 eleven hundred eleven-d of this chapter, or to adjudicate the liability
9 of owners for violations of subdivision (d) of section eleven hundred
10 eleven of this chapter in accordance with section eleven hundred
11 eleven-e of this chapter, or to adjudicate the liability of owners for
12 violations of toll collection regulations as defined in and in accord-
13 ance with the provisions of section two thousand nine hundred eighty-
14 five of the public authorities law and sections sixteen-a, sixteen-b and
15 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
16 hundred fifty, or to adjudicate liability of owners for violations of
17 subdivisions (c) and (d) of section eleven hundred eighty of this chap-
18 ter in accordance with section eleven hundred eighty-b of this chapter,
19 or to adjudicate the liability of owners for violations of subdivision
20 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
21 ter in accordance with section eleven hundred eighty-d of this chapter,
22 such tribunal and the rules and regulations pertaining thereto shall be
23 constituted in substantial conformance with the following sections.
24 § 1-e. Section 235 of the vehicle and traffic law, as amended by
25 section 1-e of chapter 222 of the laws of 2015, is amended to read as
26 follows:
27 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
28 general, special or local law or administrative code to the contrary, in
29 any city which heretofore or hereafter is authorized to establish an
30 administrative tribunal to hear and determine complaints of traffic
31 infractions constituting parking, standing or stopping violations, or to
32 adjudicate the liability of owners for violations of subdivision (d) of
33 section eleven hundred eleven of this chapter in accordance with section
34 eleven hundred eleven-d of this chapter, or to adjudicate the liability
35 of owners for violations of subdivision (d) of section eleven hundred
36 eleven of this chapter in accordance with section eleven hundred
37 eleven-e of this chapter, or to adjudicate the liability of owners for
38 violations of toll collection regulations as defined in and in accord-
39 ance with the provisions of section two thousand nine hundred eighty-
40 five of the public authorities law and sections sixteen-a, sixteen-b and
41 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
42 hundred fifty, or to adjudicate the liability of owners for violations
43 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
44 eighty of this chapter in accordance with section eleven hundred eight-
45 y-d of this chapter, such tribunal and the rules and regulations
46 pertaining thereto shall be constituted in substantial conformance with
47 the following sections.
48 § 1-f. Section 235 of the vehicle and traffic law, as amended by
49 section 1-f of chapter 222 of the laws of 2015, is amended to read as
50 follows:
51 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
52 general, special or local law or administrative code to the contrary, in
53 any city which heretofore or hereafter is authorized to establish an
54 administrative tribunal to hear and determine complaints of traffic
55 infractions constituting parking, standing or stopping violations, or to
56 adjudicate the liability of owners for violations of subdivision (d) of
A. 10810 5
1 section eleven hundred eleven of this chapter in accordance with section
2 eleven hundred eleven-e of this chapter, or to adjudicate the liability
3 of owners for violations of toll collection regulations as defined in
4 and in accordance with the provisions of section two thousand nine
5 hundred eighty-five of the public authorities law and sections
6 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
7 of the laws of nineteen hundred fifty, or to adjudicate the liability of
8 owners for violations of subdivision (b), (c), (d), (f) or (g) of
9 section eleven hundred eighty of this chapter in accordance with section
10 eleven hundred eighty-d of this chapter, such tribunal and the rules and
11 regulations pertaining thereto shall be constituted in substantial
12 conformance with the following sections.
13 § 1-g. Section 235 of the vehicle and traffic law, as separately
14 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
15 of 1992, is amended to read as follows:
16 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
17 general, special or local law or administrative code to the contrary, in
18 any city which heretofore or hereafter is authorized to establish an
19 administrative tribunal to hear and determine complaints of traffic
20 infractions constituting parking, standing or stopping violations, or to
21 adjudicate the liability of owners for violations of toll collection
22 regulations as defined in and in accordance with the provisions of
23 section two thousand nine hundred eighty-five of the public authorities
24 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
25 hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
26 dicate the liability of owners for violations of subdivision (b), (c),
27 (d), (f) or (g) of section eleven hundred eighty of this chapter in
28 accordance with section eleven hundred eighty-d of this chapter, such
29 tribunal and the rules and regulations pertaining thereto shall be
30 constituted in substantial conformance with the following sections.
31 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
32 amended by section 2 of chapter 222 of the laws of 2015, is amended to
33 read as follows:
34 1. Creation. In any city as hereinbefore or hereafter authorized such
35 tribunal when created shall be known as the parking violations bureau
36 and shall have jurisdiction of traffic infractions which constitute a
37 parking violation and, where authorized by local law adopted pursuant to
38 subdivision (a) of section eleven hundred eleven-a of this chapter or
39 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
40 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
41 of the laws of two thousand nine, or subdivision (a) of section eleven
42 hundred eleven-d of this chapter, or subdivision (a) of section eleven
43 hundred eleven-e of this chapter, shall adjudicate the liability of
44 owners for violations of subdivision (d) of section eleven hundred elev-
45 en of this chapter in accordance with such section eleven hundred
46 eleven-a, sections eleven hundred eleven-b as added by sections sixteen
47 of chapters twenty, twenty-one, and twenty-two of the laws of two thou-
48 sand nine, or section eleven hundred eleven-d or section eleven hundred
49 eleven-e and shall adjudicate the liability of owners for violations of
50 toll collection regulations as defined in and in accordance with the
51 provisions of section two thousand nine hundred eighty-five of the
52 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
53 of chapter seven hundred seventy-four of the laws of nineteen hundred
54 fifty and shall adjudicate liability of owners in accordance with
55 section eleven hundred eleven-c of this chapter for violations of bus
56 lane restrictions as defined in such section and shall adjudicate the
A. 10810 6
1 liability of owners for violations of subdivision (b), (c), (d), (f) or
2 (g) of section eleven hundred eighty of this chapter in accordance with
3 section eleven hundred eighty-b of this chapter and shall adjudicate the
4 liability of owners for violations of subdivision (b), (c), (d), (f) or
5 (g) of section eleven hundred eighty of this chapter in accordance with
6 section eleven hundred eighty-d of this chapter. Such tribunal, except
7 in a city with a population of one million or more, shall also have
8 jurisdiction of abandoned vehicle violations. For the purposes of this
9 article, a parking violation is the violation of any law, rule or regu-
10 lation providing for or regulating the parking, stopping or standing of
11 a vehicle. In addition for purposes of this article, "commissioner"
12 shall mean and include the commissioner of traffic of the city or an
13 official possessing authority as such a commissioner.
14 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
15 amended by section 2-a of chapter 222 of the laws of 2015, is amended to
16 read as follows:
17 1. Creation. In any city as hereinbefore or hereafter authorized such
18 tribunal when created shall be known as the parking violations bureau
19 and shall have jurisdiction of traffic infractions which constitute a
20 parking violation and, where authorized by local law adopted pursuant to
21 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
22 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
23 of the laws of two thousand nine, or subdivision (a) of section eleven
24 hundred eleven-d of this chapter, or subdivision (a) of section eleven
25 hundred eleven-e of this chapter, shall adjudicate the liability of
26 owners for violations of subdivision (d) of section eleven hundred elev-
27 en of this chapter in accordance with such sections eleven hundred
28 eleven-b as added by sections sixteen of chapters twenty, twenty-one,
29 and twenty-two of the laws of two thousand nine or section eleven
30 hundred eleven-d or section eleven hundred eleven-e; and shall adjudi-
31 cate liability of owners in accordance with section eleven hundred
32 eleven-c of this chapter for violations of bus lane restrictions as
33 defined in such section and shall adjudicate liability of owners for
34 violations of subdivisions (c) and (d) of section eleven hundred eighty
35 of this chapter in accordance with section eleven hundred eighty-b of
36 this chapter and shall adjudicate the liability of owners for violations
37 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
38 eighty of this chapter in accordance with section eleven hundred eight-
39 y-d of this chapter. For the purposes of this article, a parking
40 violation is the violation of any law, rule or regulation providing for
41 or regulating the parking, stopping or standing of a vehicle. In addi-
42 tion for purposes of this article, "commissioner" shall mean and include
43 the commissioner of traffic of the city or an official possessing
44 authority as such a commissioner.
45 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
46 amended by section 2-b of chapter 222 of the laws of 2015, is amended to
47 read as follows:
48 1. Creation. In any city as hereinbefore or hereafter authorized such
49 tribunal when created shall be known as the parking violations bureau
50 and shall have jurisdiction of traffic infractions which constitute a
51 parking violation and, where authorized by local law adopted pursuant to
52 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
53 section eleven hundred eleven-e of this chapter, shall adjudicate
54 liability of owners in accordance with section eleven hundred eleven-c
55 of this chapter for violations of bus lane restrictions as defined in
56 such section; and shall adjudicate the liability of owners for
A. 10810 7
1 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
2 hundred eighty of this chapter in accordance with section eleven hundred
3 eighty-b of this chapter; and shall adjudicate the liability of owners
4 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
5 en hundred eighty of this chapter in accordance with section eleven
6 hundred eighty-d of this chapter. For the purposes of this article, a
7 parking violation is the violation of any law, rule or regulation
8 providing for or regulating the parking, stopping or standing of a vehi-
9 cle. In addition for purposes of this article, "commissioner" shall mean
10 and include the commissioner of traffic of the city or an official
11 possessing authority as such a commissioner.
12 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
13 amended by section 2-c of chapter 222 of the laws of 2015, is amended to
14 read as follows:
15 1. Creation. In any city as hereinbefore or hereafter authorized such
16 tribunal when created shall be known as the parking violations bureau
17 and, where authorized by local law adopted pursuant to subdivision (a)
18 of section eleven hundred eleven-d of this chapter or subdivision (a) of
19 section eleven hundred eleven-e of this chapter, shall have jurisdiction
20 of traffic infractions which constitute a parking violation and shall
21 adjudicate the liability of owners for violations of subdivision (b),
22 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
23 accordance with section eleven hundred eighty-b of this chapter and
24 shall adjudicate the liability of owners for violations of subdivision
25 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
26 ter in accordance with section eleven hundred eighty-d of this chapter.
27 For the purposes of this article, a parking violation is the violation
28 of any law, rule or regulation providing for or regulating the parking,
29 stopping or standing of a vehicle. In addition for purposes of this
30 article, "commissioner" shall mean and include the commissioner of traf-
31 fic of the city or an official possessing authority as such a commis-
32 sioner.
33 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
34 amended by section 2-d of chapter 222 of the laws of 2015, is amended to
35 read as follows:
36 1. Creation. In any city as hereinbefore or hereafter authorized such
37 tribunal when created shall be known as the parking violations bureau
38 and, where authorized by local law adopted pursuant to subdivision (a)
39 of section eleven hundred eleven-d of this chapter or subdivision (a) of
40 section eleven hundred eleven-e of this chapter, shall have jurisdiction
41 of traffic infractions which constitute a parking violation and shall
42 adjudicate the liability of owners for violations of subdivision (b),
43 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
44 accordance with section eleven hundred eighty-d of this chapter. For
45 the purposes of this article, a parking violation is the violation of
46 any law, rule or regulation providing for or regulating the parking,
47 stopping or standing of a vehicle. In addition for purposes of this
48 article, "commissioner" shall mean and include the commissioner of traf-
49 fic of the city or an official possessing authority as such a commis-
50 sioner.
51 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
52 amended by section 2-e of chapter 222 of the laws of 2015, is amended to
53 read as follows:
54 1. Creation. In any city as hereinbefore or hereafter authorized such
55 tribunal when created shall be known as the parking violations bureau
56 and where authorized by local law adopted pursuant to subdivision (a) of
A. 10810 8
1 section eleven hundred eleven-e of this chapter, shall have jurisdiction
2 of traffic infractions which constitute a parking violation and shall
3 adjudicate the liability of owners for violations of subdivision (b),
4 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
5 accordance with section eleven hundred eighty-d of this chapter. For the
6 purposes of this article, a parking violation is the violation of any
7 law, rule or regulation providing for or regulating the parking, stop-
8 ping or standing of a vehicle. In addition for purposes of this article,
9 "commissioner" shall mean and include the commissioner of traffic of the
10 city or an official possessing authority as such a commissioner.
11 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
12 added by chapter 715 of the laws of 1972, is amended to read as follows:
13 1. Creation. In any city as hereinbefore or hereafter authorized such
14 tribunal when created shall be known as the parking violations bureau
15 and shall have jurisdiction of traffic infractions which constitute a
16 parking violation and shall adjudicate the liability of owners for
17 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
18 hundred eighty of this chapter in accordance with section eleven hundred
19 eighty-d of this chapter. For the purposes of this article, a parking
20 violation is the violation of any law, rule or regulation providing for
21 or regulating the parking, stopping or standing of a vehicle. In addi-
22 tion for purposes of this article, "commissioner" shall mean and include
23 the commissioner of traffic of the city or an official possessing
24 authority as such a commissioner.
25 § 3. Section 237 of the vehicle and traffic law is amended by adding a
26 new subdivision 16 to read as follows:
27 16. To adjudicate the liability of owners for violations of subdivi-
28 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
29 chapter in accordance with section eleven hundred eighty-d of this chap-
30 ter.
31 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
32 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
33 is amended to read as follows:
34 f. "Notice of violation" means a notice of violation as defined in
35 subdivision nine of section two hundred thirty-seven of this article,
36 but shall not be deemed to include a notice of liability issued pursuant
37 to authorization set forth in section eleven hundred eleven-a of this
38 chapter, or sections eleven hundred eleven-b of this chapter as added by
39 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
40 laws of two thousand nine, or section eleven hundred eleven-d of this
41 chapter, or section eleven hundred eleven-e of this chapter, and shall
42 not be deemed to include a notice of liability issued pursuant to
43 section two thousand nine hundred eighty-five of the public authorities
44 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
45 hundred seventy-four of the laws of nineteen hundred fifty and shall not
46 be deemed to include a notice of liability issued pursuant to section
47 eleven hundred eleven-c of this chapter and shall not be deemed to
48 include a notice of liability issued pursuant to section eleven hundred
49 eighty-b of this chapter and shall not be deemed to include a notice of
50 liability issued pursuant to section eleven hundred eighty-d of this
51 chapter.
52 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
53 traffic law, as amended by section 4-a of chapter 222 of the laws of
54 2015, is amended to read as follows:
55 f. "Notice of violation" means a notice of violation as defined in
56 subdivision nine of section two hundred thirty-seven of this article but
A. 10810 9
1 shall not be deemed to include a notice of liability issued pursuant to
2 authorization set forth in sections eleven hundred eleven-b of this
3 chapter as added by sections sixteen of chapters twenty, twenty-one, and
4 twenty-two of the laws of two thousand nine or section eleven hundred
5 eleven-d of this chapter or section eleven hundred eleven-e of this
6 chapter and shall not be deemed to include a notice of liability issued
7 pursuant to section eleven hundred eleven-c of this chapter and shall
8 not be deemed to include a notice of liability issued pursuant to
9 section eleven hundred eighty-b of this chapter and shall not be deemed
10 to include a notice of liability issued pursuant to section eleven
11 hundred eighty-d of this chapter.
12 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
13 traffic law, as amended by section 4-b of chapter 222 of the laws of
14 2015, is amended to read as follows:
15 f. "Notice of violation" means a notice of violation as defined in
16 subdivision nine of section two hundred thirty-seven of this article and
17 shall not be deemed to include a notice of liability issued pursuant to
18 authorization set forth in section eleven hundred eleven-d of this chap-
19 ter or to a notice of liability issued pursuant to authorization set
20 forth in section eleven hundred eleven-e of this chapter and shall not
21 be deemed to include a notice of liability issued pursuant to section
22 eleven hundred eleven-c of this chapter and shall not be deemed to
23 include a notice of liability issued pursuant to section eleven hundred
24 eighty-b of this chapter and shall not be deemed to include a notice of
25 liability issued pursuant to section eleven hundred eighty-d of this
26 chapter.
27 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
28 traffic law, as amended by section 4-c of chapter 222 of the laws of
29 2015, is amended to read as follows:
30 f. "Notice of violation" means a notice of violation as defined in
31 subdivision nine of section two hundred thirty-seven of this article and
32 shall not be deemed to include a notice of liability issued pursuant to
33 authorization set forth in section eleven hundred eleven-d of this chap-
34 ter or to a notice of liability issued pursuant to authorization set
35 forth in section eleven hundred eleven-e of this chapter and shall not
36 be deemed to include a notice of liability issued pursuant to section
37 eleven hundred eighty-b of this chapter and shall not be deemed to
38 include a notice of liability issued pursuant to section eleven hundred
39 eighty-d of this chapter.
40 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
41 traffic law, as amended by section 4-d of chapter 222 of the laws of
42 2015, is amended to read as follows:
43 f. "Notice of violation" means a notice of violation as defined in
44 subdivision nine of section two hundred thirty-seven of this article and
45 shall not be deemed to include a notice of liability issued pursuant to
46 authorization set forth in section eleven hundred eleven-d of this chap-
47 ter or to a notice of liability issued pursuant to authorization set
48 forth in section eleven hundred eleven-e of this chapter and shall not
49 be deemed to include a notice of liability issued pursuant to section
50 eleven hundred eighty-d of this chapter.
51 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
52 traffic law, as amended by section 4-e of chapter 222 of the laws of
53 2015, is amended to read as follows:
54 f. "Notice of violation" means a notice of violation as defined in
55 subdivision nine of section two hundred thirty-seven of this article and
56 shall not be deemed to include a notice of liability issued pursuant to
A. 10810 10
1 authorization set forth in section eleven hundred eleven-e of this chap-
2 ter and shall not be deemed to include a notice of liability issued
3 pursuant to section eleven hundred eighty-d of this chapter.
4 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
5 traffic law, as added by chapter 180 of the laws of 1980, is amended to
6 read as follows:
7 f. "Notice of violation" means a notice of violation as defined in
8 subdivision nine of section two hundred thirty-seven of this article and
9 shall not be deemed to include a notice of liability issued pursuant to
10 section eleven hundred eighty-d of this chapter.
11 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
12 law, as amended by section 5 of chapter 222 of the laws of 2015, are
13 amended to read as follows:
14 1. Notice of hearing. Whenever a person charged with a parking
15 violation enters a plea of not guilty or a person alleged to be liable
16 in accordance with section eleven hundred eleven-a of this chapter or
17 sections eleven hundred eleven-b of this chapter as added by sections
18 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
19 two thousand nine or section eleven hundred eleven-d of this chapter, or
20 section eleven hundred eleven-e of this chapter, for a violation of
21 subdivision (d) of section eleven hundred eleven of this chapter
22 contests such allegation, or a person alleged to be liable in accordance
23 with the provisions of section two thousand nine hundred eighty-five of
24 the public authorities law or sections sixteen-a, sixteen-b and
25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
26 hundred fifty, or a person alleged to be liable in accordance with the
27 provisions of section eleven hundred eleven-c of this chapter for a
28 violation of a bus lane restriction as defined in such section contests
29 such allegation, or a person alleged to be liable in accordance with the
30 provisions of section eleven hundred eighty-b of this chapter for a
31 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
32 hundred eighty of this chapter contests such allegation, or a person
33 alleged to be liable in accordance with the provisions of section eleven
34 hundred eighty-d of this chapter for a violation of subdivision (b),
35 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
36 contests such allegation, the bureau shall advise such person personally
37 by such form of first class mail as the director may direct of the date
38 on which he or she must appear to answer the charge at a hearing. The
39 form and content of such notice of hearing shall be prescribed by the
40 director, and shall contain a warning to advise the person so pleading
41 or contesting that failure to appear on the date designated, or on any
42 subsequent adjourned date, shall be deemed an admission of liability,
43 and that a default judgment may be entered thereon.
44 1-a. Fines and penalties. Whenever a plea of not guilty has been
45 entered, or the bureau has been notified that an allegation of liability
46 in accordance with section eleven hundred eleven-a of this chapter or
47 sections eleven hundred eleven-b of this chapter as added by sections
48 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
49 two thousand nine or section eleven hundred eleven-d of this chapter or
50 section eleven hundred eleven-e of this chapter or an allegation of
51 liability in accordance with section two thousand nine hundred eighty-
52 five of the public authorities law or sections sixteen-a, sixteen-b and
53 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
54 hundred fifty or an allegation of liability in accordance with section
55 eleven hundred eleven-c of this chapter or an allegation of liability in
56 accordance with section eleven hundred eighty-b of this chapter or an
A. 10810 11
1 allegation of liability in accordance with section eleven hundred eight-
2 y-d of this chapter, is being contested, by a person in a timely fashion
3 and a hearing upon the merits has been demanded, but has not yet been
4 held, the bureau shall not issue any notice of fine or penalty to that
5 person prior to the date of the hearing.
6 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
7 fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
8 are amended to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty or a person alleged to be liable
11 in accordance with sections eleven hundred eleven-b of this chapter as
12 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
13 of the laws of two thousand nine or section eleven hundred eleven-d of
14 this chapter or section eleven hundred eleven-e of this chapter for a
15 violation of subdivision (d) of section eleven hundred eleven of this
16 chapter, or a person alleged to be liable in accordance with the
17 provisions of section eleven hundred eleven-c of this chapter for a
18 violation of a bus lane restriction as defined in such section contests
19 such allegation, or a person alleged to be liable in accordance with the
20 provisions of section eleven hundred eighty-b of this chapter for
21 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
22 hundred eighty of this chapter contests such allegation, or a person
23 alleged to be liable in accordance with the provisions of section eleven
24 hundred eighty-d of this chapter for a violation of subdivision (b),
25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
26 contests such allegation, the bureau shall advise such person personally
27 by such form of first class mail as the director may direct of the date
28 on which he or she must appear to answer the charge at a hearing. The
29 form and content of such notice of hearing shall be prescribed by the
30 director, and shall contain a warning to advise the person so pleading
31 or contesting that failure to appear on the date designated, or on any
32 subsequent adjourned date, shall be deemed an admission of liability,
33 and that a default judgment may be entered thereon.
34 1-a. Fines and penalties. Whenever a plea of not guilty has been
35 entered, or the bureau has been notified that an allegation of liability
36 in accordance with sections eleven hundred eleven-b of this chapter, as
37 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
38 of the laws of two thousand nine or in accordance with section eleven
39 hundred eleven-d of this chapter, or in accordance with section eleven
40 hundred eleven-e of this chapter or an allegation of liability in
41 accordance with section eleven hundred eleven-c of this chapter or an
42 allegation of liability in accordance with section eleven hundred eight-
43 y-b of this chapter or an allegation of liability in accordance with
44 section eleven hundred eighty-d of this chapter is being contested, by a
45 person in a timely fashion and a hearing upon the merits has been
46 demanded, but has not yet been held, the bureau shall not issue any
47 notice of fine or penalty to that person prior to the date of the hear-
48 ing.
49 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
50 fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
51 are amended to read as follows:
52 1. Notice of hearing. Whenever a person charged with a parking
53 violation enters a plea of not guilty or a person alleged to be liable
54 in accordance with section eleven hundred eleven-d of this chapter or in
55 accordance with section eleven hundred eleven-e of this chapter or in
56 accordance with the provisions of section eleven hundred eleven-c of
A. 10810 12
1 this chapter for a violation of a bus lane restriction as defined in
2 such section, contests such allegation, or a person alleged to be liable
3 in accordance with the provisions of section eleven hundred eighty-b of
4 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
5 section eleven hundred eighty of this chapter contests such allegation,
6 or a person alleged to be liable in accordance with the provisions of
7 section eleven hundred eighty-d of this chapter for a violation of
8 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
9 of this chapter contests such allegation, the bureau shall advise such
10 person personally by such form of first class mail as the director may
11 direct of the date on which he or she must appear to answer the charge
12 at a hearing. The form and content of such notice of hearing shall be
13 prescribed by the director, and shall contain a warning to advise the
14 person so pleading that failure to appear on the date designated, or on
15 any subsequent adjourned date, shall be deemed an admission of liabil-
16 ity, and that a default judgment may be entered thereon.
17 1-a. Fines and penalties. Whenever a plea of not guilty has been
18 entered, or the bureau has been notified that an allegation of liability
19 in accordance with section eleven hundred eleven-d of this chapter or in
20 accordance with section eleven hundred eleven-e of this chapter or in
21 accordance with section eleven hundred eleven-c of this chapter or an
22 allegation of liability in accordance with section eleven hundred eight-
23 y-b of this chapter or an allegation of liability in accordance with
24 section eleven hundred eighty-d of this chapter is being contested, by a
25 person in a timely fashion and a hearing upon the merits has been
26 demanded, but has not yet been held, the bureau shall not issue any
27 notice of fine or penalty to that person prior to the date of the hear-
28 ing.
29 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
30 fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
31 are amended to read as follows:
32 1. Notice of hearing. Whenever a person charged with a parking
33 violation enters a plea of not guilty, or a person alleged to be liable
34 in accordance with section eleven hundred eleven-d of this chapter, or a
35 person alleged to be liable in accordance with section eleven hundred
36 eleven-e of this chapter, or a person alleged to be liable in accordance
37 with the provisions of section eleven hundred eighty-b of this chapter
38 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
39 en hundred eighty of this chapter contests such allegation, or a person
40 alleged to be liable in accordance with the provisions of section eleven
41 hundred eighty-d of this chapter for a violation of subdivision (b),
42 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
43 contests such allegation, the bureau shall advise such person personally
44 by such form of first class mail as the director may direct of the date
45 on which he or she must appear to answer the charge at a hearing. The
46 form and content of such notice of hearing shall be prescribed by the
47 director, and shall contain a warning to advise the person so pleading
48 that failure to appear on the date designated, or on any subsequent
49 adjourned date, shall be deemed an admission of liability, and that a
50 default judgment may be entered thereon.
51 1-a. Fines and penalties. Whenever a plea of not guilty has been
52 entered, or the bureau has been notified that an allegation of liability
53 in accordance with section eleven hundred eleven-d of this chapter, or
54 the bureau has been notified that an allegation of liability in accord-
55 ance with section eleven hundred eleven-e of this chapter, or the bureau
56 has been notified that an allegation of liability in accordance with
A. 10810 13
1 section eleven hundred eighty-b of this chapter, or an allegation of
2 liability in accordance with section eleven hundred eighty-d of this
3 chapter, is being contested, by a person in a timely fashion and a hear-
4 ing upon the merits has been demanded, but has not yet been held, the
5 bureau shall not issue any notice of fine or penalty to that person
6 prior to the date of the hearing.
7 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
8 fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
9 are amended to read as follows:
10 1. Notice of hearing. Whenever a person charged with a parking
11 violation enters a plea of not guilty, or a person alleged to be liable
12 in accordance with section eleven hundred eleven-d of this chapter
13 contests such allegation, or a person alleged to be liable in accordance
14 with section eleven hundred eleven-e of this chapter contests such alle-
15 gation, or a person alleged to be liable in accordance with the
16 provisions of section eleven hundred eighty-d of this chapter for a
17 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
18 hundred eighty of this chapter contests such allegation, the bureau
19 shall advise such person personally by such form of first class mail as
20 the director may direct of the date on which he or she must appear to
21 answer the charge at a hearing. The form and content of such notice of
22 hearing shall be prescribed by the director, and shall contain a warning
23 to advise the person so pleading that failure to appear on the date
24 designated, or on any subsequent adjourned date, shall be deemed an
25 admission of liability, and that a default judgment may be entered ther-
26 eon.
27 1-a. Fines and penalties. Whenever a plea of not guilty has been
28 entered, or the bureau has been notified that an allegation of liability
29 in accordance with section eleven hundred eleven-d of this chapter, is
30 being contested, or the bureau has been notified that an allegation of
31 liability in accordance with section eleven hundred eleven-e of this
32 chapter, or an allegation of liability in accordance with section eleven
33 hundred eighty-d of this chapter, is being contested, by a person in a
34 timely fashion and a hearing upon the merits has been demanded, but has
35 not yet been held, the bureau shall not issue any notice of fine or
36 penalty to that person prior to the date of the hearing.
37 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
38 fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
39 are amended to read as follows:
40 1. Notice of hearing. Whenever a person charged with a parking
41 violation enters a plea of not guilty, or a person alleged to be liable
42 in accordance with section eleven hundred eleven-e of this chapter
43 contests such allegation, or a person alleged to be liable in accordance
44 with the provisions of section eleven hundred eighty-d of this chapter
45 for a violation of subdivision (b), (c), (d), (f) or (g) of section
46 eleven hundred eighty of this chapter contests such allegation, the
47 bureau shall advise such person personally by such form of first class
48 mail as the director may direct of the date on which he or she must
49 appear to answer the charge at a hearing. The form and content of such
50 notice of hearing shall be prescribed by the director, and shall contain
51 a warning to advise the person so pleading that failure to appear on the
52 date designated, or on any subsequent adjourned date, shall be deemed an
53 admission of liability, and that a default judgment may be entered ther-
54 eon.
55 1-a. Fines and penalties. Whenever a plea of not guilty has been
56 entered, or the bureau has been notified that an allegation of liability
A. 10810 14
1 in accordance with section eleven hundred eleven-e of this chapter, or
2 an allegation of liability in accordance with section eleven hundred
3 eighty-d of this chapter, is being contested, by a person in a timely
4 fashion and a hearing upon the merits has been demanded, but has not yet
5 been held, the bureau shall not issue any notice of fine or penalty to
6 that person prior to the date of the hearing.
7 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
8 fic law, subdivision 1 as added by chapter 715 of the laws of 1972, and
9 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
10 to read as follows:
11 1. Notice of hearing. Whenever a person charged with a parking
12 violation enters a plea of not guilty, or a person alleged to be liable
13 in accordance with the provisions of section eleven hundred eighty-d of
14 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
15 section eleven hundred eighty of this chapter contests such allegation,
16 the bureau shall advise such person personally by such form of first
17 class mail as the director may direct of the date on which he must
18 appear to answer the charge at a hearing. The form and content of such
19 notice of hearing shall be prescribed by the director, and shall contain
20 a warning to advise the person so pleading that failure to appear on the
21 date designated, or on any subsequent adjourned date, shall be deemed an
22 admission of liability, and that a default judgment may be entered ther-
23 eon.
24 1-a. Fines and penalties. Whenever a plea of not guilty has been
25 entered, or the bureau has been notified that an allegation of liability
26 in accordance with section eleven hundred eighty-d of this chapter is
27 being contested, by a person in a timely fashion and a hearing upon the
28 merits has been demanded, but has not yet been held, the bureau shall
29 not issue any notice of fine or penalty to that person prior to the date
30 of the hearing.
31 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
32 and traffic law, as amended by section 6 of chapter 222 of the laws of
33 2015, are amended to read as follows:
34 a. Every hearing for the adjudication of a charge of parking violation
35 or an allegation of liability in accordance with section eleven hundred
36 eleven-a of this chapter or in accordance with sections eleven hundred
37 eleven-b of this chapter as added by sections sixteen of chapters twen-
38 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
39 accordance with section eleven hundred eleven-d of this chapter or in
40 accordance with section eleven hundred eleven-e of this chapter or an
41 allegation of liability in accordance with section two thousand nine
42 hundred eighty-five of the public authorities law or sections sixteen-a,
43 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
44 laws of nineteen hundred fifty or an allegation of liability in accord-
45 ance with section eleven hundred eleven-c of this chapter or an allega-
46 tion of liability in accordance with section eleven hundred eighty-b of
47 this chapter, or an allegation of liability in accordance with section
48 eleven hundred eighty-d of this chapter, shall be held before a hearing
49 examiner in accordance with rules and regulations promulgated by the
50 bureau.
51 g. A record shall be made of a hearing on a plea of not guilty or of a
52 hearing at which liability in accordance with section eleven hundred
53 eleven-a of this chapter or in accordance with sections eleven hundred
54 eleven-b of this chapter as added by sections sixteen of chapters twen-
55 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
56 accordance with section eleven hundred eleven-d of this chapter is
A. 10810 15
1 contested or in accordance with section eleven hundred eleven-e of this
2 chapter is contested or of a hearing at which liability in accordance
3 with section two thousand nine hundred eighty-five of the public author-
4 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
5 seven hundred seventy-four of the laws of nineteen hundred fifty is
6 contested or of a hearing at which liability in accordance with section
7 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
8 ity in accordance with section eleven hundred eighty-b of this chapter
9 or of a hearing at which liability in accordance with section eleven
10 hundred eighty-d of this chapter is contested. Recording devices may be
11 used for the making of the record.
12 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
13 cle and traffic law, as amended by section 6-a of chapter 222 of the
14 laws of 2015, are amended to read as follows:
15 a. Every hearing for the adjudication of a charge of parking violation
16 or an allegation of liability in accordance with sections eleven hundred
17 eleven-b of this chapter, as added by sections sixteen of chapters twen-
18 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
19 accordance with section eleven hundred eleven-d of this chapter or in
20 accordance with section eleven hundred eleven-e of this chapter or an
21 allegation of liability in accordance with section eleven hundred
22 eleven-c of this chapter or an allegation of liability in accordance
23 with section eleven hundred eighty-b of this chapter or an allegation of
24 liability in accordance with section eleven hundred eighty-d of this
25 chapter, shall be held before a hearing examiner in accordance with
26 rules and regulations promulgated by the bureau.
27 g. A record shall be made of a hearing on a plea of not guilty or of a
28 hearing at which liability in accordance with sections eleven hundred
29 eleven-b of this chapter, as added by sections sixteen of chapters twen-
30 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
31 accordance with section eleven hundred eleven-d of this chapter or in
32 accordance with section eleven hundred eleven-e of this chapter or of a
33 hearing at which liability in accordance with section eleven hundred
34 eleven-c of this chapter or of a hearing at which liability in accord-
35 ance with section eleven hundred eighty-b of this chapter or of a hear-
36 ing at which liability in accordance with section eleven hundred eight-
37 y-d of this chapter is contested. Recording devices may be used for the
38 making of the record.
39 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
40 cle and traffic law, as amended by section 6-b of chapter 222 of the
41 laws of 2015, are amended to read as follows:
42 a. Every hearing for the adjudication of a charge of parking violation
43 or an allegation of liability in accordance with section eleven hundred
44 eleven-e of this chapter or an allegation of liability in accordance
45 with section eleven hundred eleven-d of this chapter or an allegation of
46 liability in accordance with section eleven hundred eleven-c of this
47 chapter or an allegation of liability in accordance with section eleven
48 hundred eighty-b of this chapter or an allegation of liability in
49 accordance with section eleven hundred eighty-d of this chapter shall be
50 held before a hearing examiner in accordance with rules and regulations
51 promulgated by the bureau.
52 g. A record shall be made of a hearing on a plea of not guilty or of a
53 hearing at which liability in accordance with section eleven hundred
54 eleven-e of this chapter or of a hearing at which liability in accord-
55 ance with section eleven hundred eleven-d of this chapter or of a hear-
56 ing at which liability in accordance with section eleven hundred
A. 10810 16
1 eleven-c of this chapter or of a hearing at which liability in accord-
2 ance with section eleven hundred eighty-b of this chapter or of a hear-
3 ing at which liability in accordance with section eleven hundred eight-
4 y-d of this chapter is contested. Recording devices may be used for the
5 making of the record.
6 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
7 cle and traffic law, as amended by section 6-c of chapter 222 of the
8 laws of 2015, are amended to read as follows:
9 a. Every hearing for the adjudication of a charge of parking violation
10 or an allegation of liability in accordance with section eleven hundred
11 eleven-e of this chapter or an allegation of liability in accordance
12 with section eleven hundred eleven-d of this chapter or an allegation of
13 liability in accordance with section eleven hundred eighty-b of this
14 chapter or an allegation of liability in accordance with section eleven
15 hundred eighty-d of this chapter shall be held before a hearing examiner
16 in accordance with rules and regulations promulgated by the bureau.
17 g. A record shall be made of a hearing on a plea of not guilty or of a
18 hearing at which liability in accordance with section eleven hundred
19 eleven-e of this chapter or of a hearing at which liability in accord-
20 ance with section eleven hundred eleven-d of this chapter or of a hear-
21 ing at which liability in accordance with section eleven hundred eight-
22 y-b of this chapter or of a hearing at which liability in accordance
23 with section eleven hundred eighty-d of this chapter is contested.
24 Recording devices may be used for the making of the record.
25 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
26 cle and traffic law, as amended by section 6-d of chapter 222 of the
27 laws of 2015, are amended to read as follows:
28 a. Every hearing for the adjudication of a charge of parking violation
29 or an allegation of liability in accordance with section eleven hundred
30 eleven-e of this chapter or an allegation of liability in accordance
31 with section eleven hundred eleven-d of this chapter or an allegation of
32 liability in accordance with section eleven hundred eighty-d of this
33 chapter shall be held before a hearing examiner in accordance with rules
34 and regulations promulgated by the bureau.
35 g. A record shall be made of a hearing on a plea of not guilty or a
36 hearing at which liability in accordance with section eleven hundred
37 eleven-d of this chapter is contested or a hearing at which liability in
38 accordance with section eleven hundred eleven-e of this chapter or a
39 hearing at which liability in accordance with section eleven hundred
40 eighty-d of this chapter is contested. Recording devices may be used for
41 the making of the record.
42 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
43 cle and traffic law, as amended by section 6-e of chapter 222 of the
44 laws of 2015, are amended to read as follows:
45 a. Every hearing for the adjudication of a charge of parking violation
46 or an allegation of liability in accordance with section eleven hundred
47 eleven-e of this chapter or an allegation of liability in accordance
48 with section eleven hundred eighty-d of this chapter shall be held
49 before a hearing examiner in accordance with rules and regulations
50 promulgated by the bureau.
51 g. A record shall be made of a hearing on a plea of not guilty or a
52 hearing at which liability in accordance with section eleven hundred
53 eleven-e of this chapter or a hearing at which liability in accordance
54 with section eleven hundred eighty-d of this chapter is contested.
55 Recording devices may be used for the making of the record.
A. 10810 17
1 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as added by chapter 715 of the laws of 1972, are
3 amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with section eleven hundred
6 eighty-d of this chapter shall be held before a hearing examiner in
7 accordance with rules and regulations promulgated by the bureau.
8 g. A record shall be made of a hearing on a plea of not guilty or a
9 hearing at which liability in accordance with section eleven hundred
10 eighty-d of this chapter. Recording devices may be used for the making
11 of the record.
12 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
13 law, as amended by section 7 of chapter 222 of the laws of 2015, are
14 amended to read as follows:
15 1. The hearing examiner shall make a determination on the charges,
16 either sustaining or dismissing them. Where the hearing examiner deter-
17 mines that the charges have been sustained he or she may examine either
18 the prior parking violations record or the record of liabilities
19 incurred in accordance with section eleven hundred eleven-a of this
20 chapter or in accordance with sections eleven hundred eleven-b of this
21 chapter as added by sections sixteen of chapters twenty, twenty-one, and
22 twenty-two of the laws of two thousand nine or in accordance with
23 section eleven hundred eleven-d of this chapter or in accordance with
24 section eleven hundred eleven-e of this chapter or the record of liabil-
25 ities incurred in accordance with section two thousand nine hundred
26 eighty-five of the public authorities law or sections sixteen-a,
27 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
28 laws of nineteen hundred fifty of the person charged, or the record of
29 liabilities incurred in accordance with section eleven hundred eleven-c
30 of this chapter, or the record of liabilities incurred in accordance
31 with section eleven hundred eighty-b of this chapter, or in the record
32 of liabilities incurred in accordance with section eleven hundred eight-
33 y-d of this chapter of the person charged, as applicable prior to
34 rendering a final determination. Final determinations sustaining or
35 dismissing charges shall be entered on a final determination roll main-
36 tained by the bureau together with records showing payment and nonpay-
37 ment of penalties.
38 2. Where an operator or owner fails to enter a plea to a charge of a
39 parking violation or contest an allegation of liability in accordance
40 with section eleven hundred eleven-a of this chapter or in accordance
41 with sections eleven hundred eleven-b of this chapter as added by
42 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
43 laws of two thousand nine or in accordance with section eleven hundred
44 eleven-d of this chapter or in accordance with section eleven hundred
45 eleven-e of this chapter or fails to contest an allegation of liability
46 in accordance with section two thousand nine hundred eighty-five of the
47 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
48 chapter seven hundred seventy-four of the laws of nineteen hundred
49 fifty, or fails to contest an allegation of liability in accordance with
50 section eleven hundred eleven-c of this chapter or fails to contest an
51 allegation of liability in accordance with section eleven hundred eight-
52 y-b of this chapter or fails to contest an allegation of liability in
53 accordance with section eleven hundred eighty-d of this chapter or fails
54 to appear on a designated hearing date or subsequent adjourned date or
55 fails after a hearing to comply with the determination of a hearing
56 examiner, as prescribed by this article or by rule or regulation of the
A. 10810 18
1 bureau, such failure to plead or contest, appear or comply shall be
2 deemed, for all purposes, an admission of liability and shall be grounds
3 for rendering and entering a default judgment in an amount provided by
4 the rules and regulations of the bureau. However, after the expiration
5 of the original date prescribed for entering a plea and before a default
6 judgment may be rendered, in such case the bureau shall pursuant to the
7 applicable provisions of law notify such operator or owner, by such form
8 of first class mail as the commission may direct; (1) of the violation
9 charged, or liability in accordance with section eleven hundred eleven-a
10 of this chapter or in accordance with sections eleven hundred eleven-b
11 of this chapter as added by sections sixteen of chapters twenty, twen-
12 ty-one, and twenty-two of the laws of two thousand nine or in accordance
13 with section eleven hundred eleven-d of this chapter or in accordance
14 with section eleven hundred eleven-e of this chapter alleged or liabil-
15 ity in accordance with section two thousand nine hundred eighty-five of
16 the public authorities law or sections sixteen-a, sixteen-b and
17 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
18 hundred fifty alleged or liability in accordance with section eleven
19 hundred eleven-c of this chapter or liability in accordance with section
20 eleven hundred eighty-b of this chapter alleged, or liability in accord-
21 ance with section eleven hundred eighty-d of this chapter alleged, (2)
22 of the impending default judgment, (3) that such judgment will be
23 entered in the Civil Court of the city in which the bureau has been
24 established, or other court of civil jurisdiction or any other place
25 provided for the entry of civil judgments within the state of New York,
26 and (4) that a default may be avoided by entering a plea or contesting
27 an allegation of liability in accordance with section eleven hundred
28 eleven-a of this chapter or in accordance with sections eleven hundred
29 eleven-b of this chapter as added by sections sixteen of chapters twen-
30 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
31 accordance with section eleven hundred eleven-d of this chapter or in
32 accordance with section eleven hundred eleven-e of this chapter or
33 contesting an allegation of liability in accordance with section two
34 thousand nine hundred eighty-five of the public authorities law or
35 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
36 seventy-four of the laws of nineteen hundred fifty or contesting an
37 allegation of liability in accordance with section eleven hundred
38 eleven-c of this chapter or contesting an allegation of liability in
39 accordance with section eleven hundred eighty-b of this chapter or
40 contesting an allegation of liability in accordance with section eleven
41 hundred eighty-d of this chapter, as appropriate, or making an appear-
42 ance within thirty days of the sending of such notice. Pleas entered and
43 allegations contested within that period shall be in the manner
44 prescribed in the notice and not subject to additional penalty or fee.
45 Such notice of impending default judgment shall not be required prior to
46 the rendering and entry thereof in the case of operators or owners who
47 are non-residents of the state of New York. In no case shall a default
48 judgment be rendered or, where required, a notice of impending default
49 judgment be sent, more than two years after the expiration of the time
50 prescribed for entering a plea or contesting an allegation. When a
51 person has demanded a hearing, no fine or penalty shall be imposed for
52 any reason, prior to the holding of the hearing. If the hearing examiner
53 shall make a determination on the charges, sustaining them, he or she
54 shall impose no greater penalty or fine than those upon which the person
55 was originally charged.
A. 10810 19
1 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 7-a of chapter 222 of the laws of 2015, are
3 amended to read as follows:
4 1. The hearing examiner shall make a determination on the charges,
5 either sustaining or dismissing them. Where the hearing examiner deter-
6 mines that the charges have been sustained he or she may examine either
7 the prior parking violations record or the record of liabilities
8 incurred in accordance with sections eleven hundred eleven-b of this
9 chapter as added by sections sixteen of chapters twenty, twenty-one, and
10 twenty-two of the laws of two thousand nine or in accordance with
11 section eleven hundred eleven-d of this chapter or in accordance with
12 section eleven hundred eleven-e of this chapter of the person charged,
13 or the record of liabilities incurred in accordance with section eleven
14 hundred eleven-c of this chapter, or the record of liabilities incurred
15 in accordance with section eleven hundred eighty-b of this chapter, or
16 the record of liabilities incurred in accordance with section eleven
17 hundred eighty-d of this chapter of the person charged, as applicable
18 prior to rendering a final determination. Final determinations sustain-
19 ing or dismissing charges shall be entered on a final determination roll
20 maintained by the bureau together with records showing payment and
21 nonpayment of penalties.
22 2. Where an operator or owner fails to enter a plea to a charge of a
23 parking violation or contest an allegation of liability in accordance
24 with sections eleven hundred eleven-b of this chapter as added by
25 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
26 laws of two thousand nine or in accordance with section eleven hundred
27 eleven-d of this chapter, or in accordance with section eleven hundred
28 eleven-e of this chapter, or fails to contest an allegation of liability
29 in accordance with section eleven hundred eleven-c of this chapter, or
30 fails to contest an allegation of liability incurred in accordance with
31 section eleven hundred eighty-b of this chapter, or fails to contest an
32 allegation of liability incurred in accordance with section eleven
33 hundred eighty-d of this chapter, or fails to appear on a designated
34 hearing date or subsequent adjourned date or fails after a hearing to
35 comply with the determination of a hearing examiner, as prescribed by
36 this article or by rule or regulation of the bureau, such failure to
37 plead, contest, appear or comply shall be deemed, for all purposes, an
38 admission of liability and shall be grounds for rendering and entering a
39 default judgment in an amount provided by the rules and regulations of
40 the bureau. However, after the expiration of the original date
41 prescribed for entering a plea and before a default judgment may be
42 rendered, in such case the bureau shall pursuant to the applicable
43 provisions of law notify such operator or owner, by such form of first
44 class mail as the commission may direct; (1) of the violation charged,
45 or liability in accordance with sections eleven hundred eleven-b of this
46 chapter, as added by sections sixteen of chapters twenty, twenty-one,
47 and twenty-two of the laws of two thousand nine or in accordance with
48 section eleven hundred eleven-d of this chapter, or in accordance with
49 section eleven hundred eleven-e of this chapter, or liability in accord-
50 ance with section eleven hundred eleven-c of this chapter or liability
51 in accordance with section eleven hundred eighty-b of this chapter
52 alleged, or liability in accordance with section eleven hundred eighty-d
53 of this chapter alleged, (2) of the impending default judgment, (3) that
54 such judgment will be entered in the Civil Court of the city in which
55 the bureau has been established, or other court of civil jurisdiction or
56 any other place provided for the entry of civil judgments within the
A. 10810 20
1 state of New York, and (4) that a default may be avoided by entering a
2 plea or contesting an allegation of liability in accordance with
3 sections eleven hundred eleven-b of this chapter as added by sections
4 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
5 two thousand nine or in accordance with section eleven hundred eleven-d
6 of this chapter or in accordance with section eleven hundred eleven-e of
7 this chapter, or contesting an allegation of liability in accordance
8 with section eleven hundred eleven-c of this chapter or contesting an
9 allegation of liability in accordance with section eleven hundred eight-
10 y-b of this chapter or contesting an allegation of liability in accord-
11 ance with section eleven hundred eighty-d of this chapter, as appropri-
12 ate, or making an appearance within thirty days of the sending of such
13 notice. Pleas entered and allegations contested within that period shall
14 be in the manner prescribed in the notice and not subject to additional
15 penalty or fee. Such notice of impending default judgment shall not be
16 required prior to the rendering and entry thereof in the case of opera-
17 tors or owners who are non-residents of the state of New York. In no
18 case shall a default judgment be rendered or, where required, a notice
19 of impending default judgment be sent, more than two years after the
20 expiration of the time prescribed for entering a plea or contesting an
21 allegation. When a person has demanded a hearing, no fine or penalty
22 shall be imposed for any reason, prior to the holding of the hearing. If
23 the hearing examiner shall make a determination on the charges, sustain-
24 ing them, he or she shall impose no greater penalty or fine than those
25 upon which the person was originally charged.
26 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
27 law, as amended by section 7-b of chapter 222 of the laws of 2015, are
28 amended to read as follows:
29 1. The hearing examiner shall make a determination on the charges,
30 either sustaining or dismissing them. Where the hearing examiner deter-
31 mines that the charges have been sustained he or she may examine the
32 prior parking violations record or the record of liabilities incurred in
33 accordance with section eleven hundred eleven-e of this chapter of the
34 person charged, or the record of liabilities incurred in accordance with
35 section eleven hundred eleven-d of this chapter of the person charged,
36 or the record of liabilities incurred in accordance with section eleven
37 hundred eleven-c of this chapter, or the record of liabilities incurred
38 in accordance with section eleven hundred eighty-b of this chapter, or
39 the record of liabilities incurred in accordance with section eleven
40 hundred eighty-d of this chapter of the person charged, as applicable,
41 prior to rendering a final determination. Final determinations sustain-
42 ing or dismissing charges shall be entered on a final determination roll
43 maintained by the bureau together with records showing payment and
44 nonpayment of penalties.
45 2. Where an operator or owner fails to enter a plea to a charge of a
46 parking violation or contest an allegation of liability in accordance
47 with section eleven hundred eleven-e of this chapter, or contest an
48 allegation of liability in accordance with section eleven hundred
49 eleven-d of this chapter, or fails to contest an allegation of liability
50 in accordance with section eleven hundred eleven-c of this chapter, or
51 fails to contest an allegation of liability incurred in accordance with
52 section eleven hundred eighty-b of this chapter, or fails to contest an
53 allegation of liability incurred in accordance with section eleven
54 hundred eighty-d of this chapter, or fails to appear on a designated
55 hearing date or subsequent adjourned date or fails after a hearing to
56 comply with the determination of a hearing examiner, as prescribed by
A. 10810 21
1 this article or by rule or regulation of the bureau, such failure to
2 plead, appear or comply shall be deemed, for all purposes, an admission
3 of liability and shall be grounds for rendering and entering a default
4 judgment in an amount provided by the rules and regulations of the
5 bureau. However, after the expiration of the original date prescribed
6 for entering a plea and before a default judgment may be rendered, in
7 such case the bureau shall pursuant to the applicable provisions of law
8 notify such operator or owner, by such form of first class mail as the
9 commission may direct; (1) of the violation charged, or liability in
10 accordance with section eleven hundred eleven-e of this chapter, or
11 liability in accordance with section eleven hundred eleven-d of this
12 chapter, or alleged liability in accordance with section eleven hundred
13 eleven-c of this chapter or alleged liability in accordance with section
14 eleven hundred eighty-b of this chapter, or alleged liability in accord-
15 ance with section eleven hundred eighty-d of this chapter, (2) of the
16 impending default judgment, (3) that such judgment will be entered in
17 the Civil Court of the city in which the bureau has been established, or
18 other court of civil jurisdiction or any other place provided for the
19 entry of civil judgments within the state of New York, and (4) that a
20 default may be avoided by entering a plea or contesting an allegation of
21 liability in accordance with section eleven hundred eleven-e of this
22 chapter or contesting an allegation of liability in accordance with
23 section eleven hundred eleven-d of this chapter or contesting an allega-
24 tion of liability in accordance with section eleven hundred eleven-c of
25 this chapter or contesting an allegation of liability in accordance with
26 section eleven hundred eighty-b of this chapter or contesting an allega-
27 tion of liability in accordance with section eleven hundred eighty-d of
28 this chapter or making an appearance within thirty days of the sending
29 of such notice. Pleas entered within that period shall be in the manner
30 prescribed in the notice and not subject to additional penalty or fee.
31 Such notice of impending default judgment shall not be required prior to
32 the rendering and entry thereof in the case of operators or owners who
33 are non-residents of the state of New York. In no case shall a default
34 judgment be rendered or, where required, a notice of impending default
35 judgment be sent, more than two years after the expiration of the time
36 prescribed for entering a plea. When a person has demanded a hearing,
37 no fine or penalty shall be imposed for any reason, prior to the holding
38 of the hearing. If the hearing examiner shall make a determination on
39 the charges, sustaining them, he or she shall impose no greater penalty
40 or fine than those upon which the person was originally charged.
41 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
42 law, as amended by section 7-c of chapter 222 of the laws of 2015, are
43 amended to read as follows:
44 1. The hearing examiner shall make a determination on the charges,
45 either sustaining or dismissing them. Where the hearing examiner deter-
46 mines that the charges have been sustained he or she may examine either
47 the prior parking violations record or the record of liabilities
48 incurred in accordance with section eleven hundred eleven-d of this
49 chapter of the person charged, or the record of liabilities incurred in
50 accordance with section eleven hundred eleven-e of this chapter of the
51 person charged or the record of liabilities incurred in accordance with
52 section eleven hundred eighty-b of this chapter, or the record of
53 liabilities incurred in accordance with section eleven hundred eighty-d
54 of this chapter of the person charged, as applicable, prior to rendering
55 a final determination. Final determinations sustaining or dismissing
56 charges shall be entered on a final determination roll maintained by the
A. 10810 22
1 bureau together with records showing payment and nonpayment of penal-
2 ties.
3 2. Where an operator or owner fails to enter a plea to a charge of a
4 parking violation or contest an allegation of liability in accordance
5 with section eleven hundred eleven-e of this chapter or contest an alle-
6 gation of liability in accordance with section eleven hundred eleven-d
7 of this chapter or fails to contest an allegation of liability incurred
8 in accordance with section eleven hundred eighty-b of this chapter or
9 fails to contest an allegation of liability incurred in accordance with
10 section eleven hundred eighty-d of this chapter or fails to appear on a
11 designated hearing date or subsequent adjourned date or fails after a
12 hearing to comply with the determination of a hearing examiner, as
13 prescribed by this article or by rule or regulation of the bureau, such
14 failure to plead, appear or comply shall be deemed, for all purposes, an
15 admission of liability and shall be grounds for rendering and entering a
16 default judgment in an amount provided by the rules and regulations of
17 the bureau. However, after the expiration of the original date
18 prescribed for entering a plea and before a default judgment may be
19 rendered, in such case the bureau shall pursuant to the applicable
20 provisions of law notify such operator or owner, by such form of first
21 class mail as the commission may direct; (1) of the violation charged or
22 liability in accordance with section eleven hundred eleven-e of this
23 chapter or liability in accordance with section eleven hundred eleven-d
24 of this chapter or liability in accordance with section eleven hundred
25 eighty-b of this chapter alleged, or liability in accordance with
26 section eleven hundred eighty-d of this chapter alleged, (2) of the
27 impending default judgment, (3) that such judgment will be entered in
28 the Civil Court of the city in which the bureau has been established, or
29 other court of civil jurisdiction or any other place provided for the
30 entry of civil judgments within the state of New York, and (4) that a
31 default may be avoided by entering a plea or contesting an allegation of
32 liability in accordance with section eleven hundred eleven-e of this
33 chapter or contesting an allegation of liability in accordance with
34 section eleven hundred eleven-d of this chapter or contesting an allega-
35 tion of liability in accordance with section eleven hundred eighty-b of
36 this chapter or contesting an allegation of liability in accordance with
37 section eleven hundred eighty-d of this chapter or making an appearance
38 within thirty days of the sending of such notice. Pleas entered within
39 that period shall be in the manner prescribed in the notice and not
40 subject to additional penalty or fee. Such notice of impending default
41 judgment shall not be required prior to the rendering and entry thereof
42 in the case of operators or owners who are non-residents of the state of
43 New York. In no case shall a default judgment be rendered or, where
44 required, a notice of impending default judgment be sent, more than two
45 years after the expiration of the time prescribed for entering a plea.
46 When a person has demanded a hearing, no fine or penalty shall be
47 imposed for any reason, prior to the holding of the hearing. If the
48 hearing examiner shall make a determination on the charges, sustaining
49 them, he shall impose no greater penalty or fine than those upon which
50 the person was originally charged.
51 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
52 law, as amended by section 7-d of chapter 222 of the laws of 2015, are
53 amended to read as follows:
54 1. The hearing examiner shall make a determination on the charges,
55 either sustaining or dismissing them. Where the hearing examiner deter-
56 mines that the charges have been sustained he or she may examine either
A. 10810 23
1 the prior parking violations record or the record of liabilities
2 incurred in accordance with section eleven hundred eleven-e of this
3 chapter of the person charged or the record of liabilities incurred in
4 accordance with section eleven hundred eleven-d of this chapter of the
5 person charged or the record of liabilities incurred in accordance with
6 section eleven hundred eighty-d of this chapter of the person charged,
7 as applicable, prior to rendering a final determination. Final determi-
8 nations sustaining or dismissing charges shall be entered on a final
9 determination roll maintained by the bureau together with records show-
10 ing payment and nonpayment of penalties.
11 2. Where an operator or owner fails to enter a plea to a charge of a
12 parking violation or contest an allegation of liability in accordance
13 with section eleven hundred eleven-e of this chapter or contest an alle-
14 gation of liability in accordance with section eleven hundred eleven-d
15 of this chapter or contest an allegation of liability incurred in
16 accordance with section eleven hundred eighty-d of this chapter or fails
17 to appear on a designated hearing date or subsequent adjourned date or
18 fails after a hearing to comply with the determination of a hearing
19 examiner, as prescribed by this article or by rule or regulation of the
20 bureau, such failure to plead, appear or comply shall be deemed, for all
21 purposes, an admission of liability and shall be grounds for rendering
22 and entering a default judgment in an amount provided by the rules and
23 regulations of the bureau. However, after the expiration of the original
24 date prescribed for entering a plea and before a default judgment may be
25 rendered, in such case the bureau shall pursuant to the applicable
26 provisions of law notify such operator or owner, by such form of first
27 class mail as the commission may direct; (1) of the violation charged or
28 liability in accordance with section eleven hundred eleven-e of this
29 chapter alleged or liability in accordance with section eleven hundred
30 eleven-d of this chapter alleged or liability in accordance with section
31 eleven hundred eighty-d of this chapter alleged, (2) of the impending
32 default judgment, (3) that such judgment will be entered in the Civil
33 Court of the city in which the bureau has been established, or other
34 court of civil jurisdiction or any other place provided for the entry of
35 civil judgments within the state of New York, and (4) that a default may
36 be avoided by entering a plea or contesting an allegation of liability
37 in accordance with section eleven hundred eleven-e of this chapter or
38 contesting an allegation of liability in accordance with section eleven
39 hundred eleven-d of this chapter or contesting an allegation of liabil-
40 ity in accordance with section eleven hundred eighty-d of this chapter
41 or making an appearance within thirty days of the sending of such
42 notice. Pleas entered within that period shall be in the manner
43 prescribed in the notice and not subject to additional penalty or fee.
44 Such notice of impending default judgment shall not be required prior to
45 the rendering and entry thereof in the case of operators or owners who
46 are non-residents of the state of New York. In no case shall a default
47 judgment be rendered or, where required, a notice of impending default
48 judgment be sent, more than two years after the expiration of the time
49 prescribed for entering a plea. When a person has demanded a hearing, no
50 fine or penalty shall be imposed for any reason, prior to the holding of
51 the hearing. If the hearing examiner shall make a determination on the
52 charges, sustaining them, he shall impose no greater penalty or fine
53 than those upon which the person was originally charged.
54 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
55 law, as amended by section 7-e of chapter 222 of the laws of 2015, are
56 amended to read as follows:
A. 10810 24
1 1. The hearing examiner shall make a determination on the charges,
2 either sustaining or dismissing them. Where the hearing examiner deter-
3 mines that the charges have been sustained he or she may examine the
4 prior parking violations record or the record of liabilities incurred in
5 accordance with section eleven hundred eleven-e of this chapter of the
6 person charged or the record of liabilities incurred in accordance with
7 section eleven hundred eighty-d of this chapter of the person charged,
8 as applicable, prior to rendering a final determination. Final determi-
9 nations sustaining or dismissing charges shall be entered on a final
10 determination roll maintained by the bureau together with records show-
11 ing payment and nonpayment of penalties.
12 2. Where an operator or owner fails to enter a plea to a charge of a
13 parking violation or contest an allegation of liability in accordance
14 with section eleven hundred eleven-e of this chapter or contest an alle-
15 gation of liability incurred in accordance with section eleven hundred
16 eighty-d of this chapter or fails to appear on a designated hearing date
17 or subsequent adjourned date or fails after a hearing to comply with the
18 determination of a hearing examiner, as prescribed by this article or by
19 rule or regulation of the bureau, such failure to plead, appear or
20 comply shall be deemed, for all purposes, an admission of liability and
21 shall be grounds for rendering and entering a default judgment in an
22 amount provided by the rules and regulations of the bureau. However,
23 after the expiration of the original date prescribed for entering a plea
24 and before a default judgment may be rendered, in such case the bureau
25 shall pursuant to the applicable provisions of law notify such operator
26 or owner, by such form of first class mail as the commission may direct;
27 (1) of the violation charged or liability in accordance with section
28 eleven hundred eleven-e of this chapter alleged or liability in accord-
29 ance with section eleven hundred eighty-d of this chapter alleged, (2)
30 of the impending default judgment, (3) that such judgment will be
31 entered in the Civil Court of the city in which the bureau has been
32 established, or other court of civil jurisdiction or any other place
33 provided for the entry of civil judgments within the state of New York,
34 and (4) that a default may be avoided by entering a plea or contesting
35 an allegation of liability in accordance with section eleven hundred
36 eleven-e of this chapter or contesting an allegation of liability in
37 accordance with section eleven hundred eighty-d of this chapter or
38 making an appearance within thirty days of the sending of such notice.
39 Pleas entered within that period shall be in the manner prescribed in
40 the notice and not subject to additional penalty or fee. Such notice of
41 impending default judgment shall not be required prior to the rendering
42 and entry thereof in the case of operators or owners who are non-resi-
43 dents of the state of New York. In no case shall a default judgment be
44 rendered or, where required, a notice of impending default judgment be
45 sent, more than two years after the expiration of the time prescribed
46 for entering a plea. When a person has demanded a hearing, no fine or
47 penalty shall be imposed for any reason, prior to the holding of the
48 hearing. If the hearing examiner shall make a determination on the
49 charges, sustaining them, he shall impose no greater penalty or fine
50 than those upon which the person was originally charged.
51 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
52 law, subdivision 1 as added by chapter 715 of the laws of 1972, and
53 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
54 to read as follows:
55 1. The hearing examiner shall make a determination on the charges,
56 either sustaining or dismissing them. Where the hearing examiner deter-
A. 10810 25
1 mines that the charges have been sustained he may examine the prior
2 parking violations record or the record of liabilities incurred in
3 accordance with section eleven hundred eighty-d of this chapter of the
4 person charged, as applicable, prior to rendering a final determination.
5 Final determinations sustaining or dismissing charges shall be entered
6 on a final determination roll maintained by the bureau together with
7 records showing payment and nonpayment of penalties.
8 2. Where an operator or owner fails to enter a plea to a charge of a
9 parking violation or contest an allegation of liability incurred in
10 accordance with section eleven hundred eighty-d of this chapter or fails
11 to appear on a designated hearing date or subsequent adjourned date or
12 fails after a hearing to comply with the determination of a hearing
13 examiner, as prescribed by this article or by rule or regulation of the
14 bureau, such failure to plead, appear or comply shall be deemed, for all
15 purposes, an admission of liability and shall be grounds for rendering
16 and entering a default judgment in an amount provided by the rules and
17 regulations of the bureau. However, after the expiration of the original
18 date prescribed for entering a plea and before a default judgment may be
19 rendered, in such case the bureau shall pursuant to the applicable
20 provisions of law notify such operator or owner, by such form of first
21 class mail as the commission may direct; (1) of the violation charged or
22 liability in accordance with section eleven hundred eighty-d of this
23 chapter alleged, (2) of the impending default judgment, (3) that such
24 judgment will be entered in the Civil Court of the city in which the
25 bureau has been established, or other court of civil jurisdiction or any
26 other place provided for the entry of civil judgments within the state
27 of New York, and (4) that a default may be avoided by entering a plea or
28 contesting an allegation of liability in accordance with section eleven
29 hundred eighty-d of this chapter or making an appearance within thirty
30 days of the sending of such notice. Pleas entered within that period
31 shall be in the manner prescribed in the notice and not subject to addi-
32 tional penalty or fee. Such notice of impending default judgment shall
33 not be required prior to the rendering and entry thereof in the case of
34 operators or owners who are non-residents of the state of New York. In
35 no case shall a default judgment be rendered or, where required, a
36 notice of impending default judgment be sent, more than two years after
37 the expiration of the time prescribed for entering a plea. When a person
38 has demanded a hearing, no fine or penalty shall be imposed for any
39 reason, prior to the holding of the hearing. If the hearing examiner
40 shall make a determination on the charges, sustaining them, he shall
41 impose no greater penalty or fine than those upon which the person was
42 originally charged.
43 § 8. The vehicle and traffic law is amended by adding a new section
44 1180-d to read as follows:
45 § 1180-d. Owner liability for failure of operator to comply with
46 certain posted maximum speed limits. (a) 1. Notwithstanding any other
47 provision of law, the city of Buffalo is hereby authorized to establish
48 a demonstration program imposing monetary liability on the owner of a
49 vehicle for failure of an operator thereof to comply with posted maximum
50 speed limits in a school speed zone within the city (i) when a school
51 speed limit is in effect as provided in paragraphs one and two of subdi-
52 vision (c) of section eleven hundred eighty of this article or (ii) when
53 other speed limits are in effect as provided in subdivision (b), (d),
54 (f) or (g) of section eleven hundred eighty of this article during the
55 following times: (A) on school days during school hours and one hour
56 before and one hour after the school day, and (B) a period during
A. 10810 26
1 student activities at the school and up to thirty minutes immediately
2 before and up to thirty minutes immediately after such student activ-
3 ities. Such demonstration program shall empower the city to install
4 photo speed violation monitoring systems within no more than twenty
5 school speed zones within the city at any one time and to operate such
6 systems within such zones (iii) when a school speed limit is in effect
7 as provided in paragraphs one and two of subdivision (c) of section
8 eleven hundred eighty of this article or (iv) when other speed limits
9 are in effect as provided in subdivision (b), (d), (f) or (g) of section
10 eleven hundred eighty of this article during the following times: (A) on
11 school days during school hours and one hour before and one hour after
12 the school day, and (B) a period during student activities at the school
13 and up to thirty minutes immediately before and up to thirty minutes
14 immediately after such student activities. In selecting a school speed
15 zone in which to install and operate a photo speed violation monitoring
16 system, the city shall consider criteria including, but not limited to
17 the speed data, crash history, and the roadway geometry applicable to
18 such school speed zone.
19 2. No photo speed violation monitoring system shall be used in a
20 school speed zone unless (i) on the day it is to be used it has success-
21 fully passed a self-test of its functions; and (ii) it has undergone an
22 annual calibration check performed pursuant to paragraph four of this
23 subdivision. The city shall install signs giving notice that a photo
24 speed violation monitoring system is in use to be mounted on advance
25 warning signs notifying motor vehicle operators of such upcoming school
26 speed zone and/or on speed limit signs applicable within such school
27 speed zone, in conformance with standards established in the MUTCD.
28 3. Operators of photo speed violation monitoring systems shall have
29 completed training in the procedures for setting up, testing, and oper-
30 ating such systems. Each such operator shall complete and sign a daily
31 set-up log for each such system that he or she operates that (i) states
32 the date and time when, and the location where, the system was set up
33 that day, and (ii) states that such operator successfully performed, and
34 the system passed, the self-tests of such system before producing a
35 recorded image that day. The city shall retain each such daily log
36 until the later of the date on which the photo speed violation monitor-
37 ing system to which it applies has been permanently removed from use or
38 the final resolution of all cases involving notices of liability issued
39 based on photographs, microphotographs, video or other recorded images
40 produced by such system.
41 4. Each photo speed violation monitoring system shall undergo an annu-
42 al calibration check performed by an independent calibration laboratory
43 which shall issue a signed certificate of calibration. The city shall
44 keep each such annual certificate of calibration on file until the final
45 resolution of all cases involving a notice of liability issued during
46 such year which were based on photographs, microphotographs, videotape
47 or other recorded images produced by such photo speed violation monitor-
48 ing system.
49 5. (i) Such demonstration program shall utilize necessary technologies
50 to ensure, to the extent practicable, that photographs, microphoto-
51 graphs, videotape or other recorded images produced by such photo speed
52 violation monitoring systems shall not include images that identify the
53 driver, the passengers, or the contents of the vehicle. Provided, howev-
54 er, that no notice of liability issued pursuant to this section shall be
55 dismissed solely because such a photograph, microphotograph, videotape
56 or other recorded image allows for the identification of the driver, the
A. 10810 27
1 passengers, or the contents of vehicles where the city shows that it
2 made reasonable efforts to comply with the provisions of this paragraph
3 in such case.
4 (ii) Photographs, microphotographs, videotape or any other recorded
5 image from a photo speed violation monitoring system shall be for the
6 exclusive use of the city for the purpose of the adjudication of liabil-
7 ity imposed pursuant to this section and of the owner receiving a notice
8 of liability pursuant to this section, and shall be destroyed by the
9 city upon the final resolution of the notice of liability to which such
10 photographs, microphotographs, videotape or other recorded images
11 relate, or one year following the date of issuance of such notice of
12 liability, whichever is later. Notwithstanding the provisions of any
13 other law, rule or regulation to the contrary, photographs, microphoto-
14 graphs, videotape or any other recorded image from a photo speed
15 violation monitoring system shall not be open to the public, nor subject
16 to civil or criminal process or discovery, nor used by any court or
17 administrative or adjudicatory body in any action or proceeding therein
18 except that which is necessary for the adjudication of a notice of
19 liability issued pursuant to this section, and no public entity or
20 employee, officer or agent thereof shall disclose such information,
21 except that such photographs, microphotographs, videotape or any other
22 recorded images from such systems:
23 (A) shall be available for inspection and copying and use by the motor
24 vehicle owner and operator for so long as such photographs, microphoto-
25 graphs, videotape or other recorded images are required to be maintained
26 or are maintained by such public entity, employee, officer or agent; and
27 (B) (1) shall be furnished when described in a search warrant issued
28 by a court authorized to issue such a search warrant pursuant to article
29 six hundred ninety of the criminal procedure law or a federal court
30 authorized to issue such a search warrant under federal law, where such
31 search warrant states that there is reasonable cause to believe such
32 information constitutes evidence of, or tends to demonstrate that, a
33 misdemeanor or felony offense was committed in this state or another
34 state, or that a particular person participated in the commission of a
35 misdemeanor or felony offense in this state or another state, provided,
36 however, that if such offense was against the laws of another state, the
37 court shall only issue a warrant if the conduct comprising such offense
38 would, if occurring in this state, constitute a misdemeanor or felony
39 against the laws of this state; and
40 (2) shall be furnished in response to a subpoena duces tecum signed by
41 a judge of competent jurisdiction and issued pursuant to article six
42 hundred ten of the criminal procedure law or a judge or magistrate of a
43 federal court authorized to issue such a subpoena duces tecum under
44 federal law, where the judge finds and the subpoena states that there is
45 reasonable cause to believe such information is relevant and material to
46 the prosecution, or the defense, or the investigation by an authorized
47 law enforcement official, of the alleged commission of a misdemeanor or
48 felony in this state or another state, provided, however, that if such
49 offense was against the laws of another state, such judge or magistrate
50 shall only issue such subpoena if the conduct comprising such offense
51 would, if occurring in this state, constitute a misdemeanor or felony in
52 this state; and
53 (3) may, if lawfully obtained pursuant to this clause and clause (A)
54 of this subparagraph and otherwise admissible, be used in such criminal
55 action or proceeding.
A. 10810 28
1 (b) If the city of Buffalo establishes a demonstration program pursu-
2 ant to subdivision (a) of this section, the owner of a vehicle shall be
3 liable for a penalty imposed pursuant to this section if such vehicle
4 was used or operated with the permission of the owner, express or
5 implied, within a school speed zone in violation of subdivision (c) or
6 during the times authorized pursuant to subdivision (a) of this section
7 in violation of subdivision (b), (d), (f) or (g) of section eleven
8 hundred eighty of this article, such vehicle was traveling at a speed of
9 more than ten miles per hour above the posted speed limit in effect
10 within such school speed zone, and such violation is evidenced by infor-
11 mation obtained from a photo speed violation monitoring system; provided
12 however that no owner of a vehicle shall be liable for a penalty imposed
13 pursuant to this section where the operator of such vehicle has been
14 convicted of the underlying violation of subdivision (b), (c), (d), (f)
15 or (g) of section eleven hundred eighty of this article.
16 (c) For purposes of this section, the following terms shall have the
17 following meanings:
18 1. "manual on uniform traffic control devices" or "MUTCD" shall mean
19 the manual and specifications for a uniform system of traffic control
20 devices maintained by the commissioner of transportation pursuant to
21 section sixteen hundred eighty of this chapter;
22 2. "owner" shall have the meaning provided in article two-B of this
23 chapter;
24 3. "photo speed violation monitoring system" shall mean a vehicle
25 sensor installed to work in conjunction with a speed measuring device
26 which automatically produces two or more photographs, two or more micro-
27 photographs, a videotape or other recorded images of each vehicle at the
28 time it is used or operated in a school speed zone in violation of
29 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
30 of this article in accordance with the provisions of this section; and
31 4. "school speed zone" shall mean a distance not to exceed one thou-
32 sand three hundred twenty feet on a highway passing a school building,
33 entrance or exit of a school abutting on the highway.
34 (d) A certificate, sworn to or affirmed by a technician employed by
35 the city of Buffalo, or a facsimile thereof, based upon inspection of
36 photographs, microphotographs, videotape or other recorded images
37 produced by a photo speed violation monitoring system, shall be prima
38 facie evidence of the facts contained therein. Any photographs, micro-
39 photographs, videotape or other recorded images evidencing such a
40 violation shall include at least two date and time stamped images of the
41 rear of the motor vehicle that include the same stationary object near
42 the motor vehicle and shall be available for inspection reasonably in
43 advance of and at any proceeding to adjudicate the liability for such
44 violation pursuant to this section.
45 (e) An owner liable for a violation of subdivision (b), (c), (d), (f)
46 or (g) of section eleven hundred eighty of this article pursuant to a
47 demonstration program established pursuant to this section shall be
48 liable for monetary penalties in accordance with a schedule of fines and
49 penalties to be promulgated by the parking violations bureau of the city
50 of Buffalo. The liability of the owner pursuant to this section shall
51 not exceed fifty dollars for each violation; provided, however, that
52 such parking violations bureau may provide for an additional penalty not
53 in excess of twenty-five dollars for each violation for the failure to
54 respond to a notice of liability within the prescribed time period.
55 (f) An imposition of liability under the demonstration program estab-
56 lished pursuant to this section shall not be deemed a conviction as an
A. 10810 29
1 operator and shall not be made part of the operating record of the
2 person upon whom such liability is imposed nor shall it be used for
3 insurance purposes in the provision of motor vehicle insurance coverage.
4 (g) 1. A notice of liability shall be sent by first class mail to each
5 person alleged to be liable as an owner for a violation of subdivision
6 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
7 cle pursuant to this section, within fourteen business days if such
8 owner is a resident of this state and within forty-five business days if
9 such owner is a non-resident. Personal delivery on the owner shall not
10 be required. A manual or automatic record of mailing prepared in the
11 ordinary course of business shall be prima facie evidence of the facts
12 contained therein.
13 2. A notice of liability shall contain the name and address of the
14 person alleged to be liable as an owner for a violation of subdivision
15 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
16 cle pursuant to this section, the registration number of the vehicle
17 involved in such violation, the location where such violation took
18 place, the date and time of such violation, the identification number of
19 the camera which recorded the violation or other document locator
20 number, at least two date and time stamped images of the rear of the
21 motor vehicle that include the same stationary object near the motor
22 vehicle, and the certificate charging the liability.
23 3. The notice of liability shall contain information advising the
24 person charged of the manner and the time in which he or she may contest
25 the liability alleged in the notice. Such notice of liability shall also
26 contain a prominent warning to advise the person charged that failure to
27 contest in the manner and time provided shall be deemed an admission of
28 liability and that a default judgment may be entered thereon.
29 4. The notice of liability shall be prepared and mailed by the city of
30 Buffalo, or by any other entity authorized by the city to prepare and
31 mail such notice of liability.
32 (h) Adjudication of the liability imposed upon owners of this section
33 shall be by the city of Buffalo parking violations bureau.
34 (i) If an owner receives a notice of liability pursuant to this
35 section for any time period during which the vehicle or the number plate
36 or plates of such vehicle was reported to the police department as
37 having been stolen, it shall be a valid defense to an allegation of
38 liability for a violation of subdivision (b), (c), (d), (f) or (g) of
39 section eleven hundred eighty of this article pursuant to this section
40 that the vehicle or the number plate or plates of such vehicle had been
41 reported to the police as stolen prior to the time the violation
42 occurred and had not been recovered by such time. For purposes of
43 asserting the defense provided by this subdivision, it shall be suffi-
44 cient that a certified copy of the police report on the stolen vehicle
45 or number plate or plates of such vehicle be sent by first class mail to
46 the city of Buffalo parking violations bureau or by any other entity
47 authorized by the city to prepare and mail such notice of liability.
48 (j) Adjudication of the liability imposed upon owners of this section
49 shall be by the city of Buffalo parking violations bureau.
50 (k) 1. An owner who is a lessor of a vehicle to which a notice of
51 liability was issued pursuant to subdivision (g) of this section shall
52 not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
53 of section eleven hundred eighty of this article pursuant to this
54 section, provided that:
A. 10810 30
1 (i) prior to the violation, the lessor has filed with such parking
2 violations bureau in accordance with the provisions of section two
3 hundred thirty-nine of this chapter; and
4 (ii) within thirty-seven days after receiving notice from such divi-
5 sion of the date and time of a liability, together with the other infor-
6 mation contained in the original notice of liability, the lessor submits
7 to such division the correct name and address of the lessee of the vehi-
8 cle identified in the notice of liability at the time of such violation,
9 together with such other additional information contained in the rental,
10 lease or other contract document, as may be reasonably required by such
11 division pursuant to regulations that may be promulgated for such
12 purpose.
13 2. Failure to comply with subparagraph (ii) of paragraph one of this
14 subdivision shall render the owner liable for the penalty prescribed in
15 this section.
16 3. Where the lessor complies with the provisions of paragraph one of
17 this subdivision, the lessee of such vehicle on the date of such
18 violation shall be deemed to be the owner of such vehicle for purposes
19 of this section, shall be subject to liability for such violation pursu-
20 ant to this section and shall be sent a notice of liability pursuant to
21 subdivision (i) of this section.
22 (l) 1. If the owner liable for a violation of subdivision (c) or (d)
23 of section eleven hundred eighty of this article pursuant to this
24 section was not the operator of the vehicle at the time of the
25 violation, the owner may maintain an action for indemnification against
26 the operator.
27 2. Notwithstanding any other provision of this section, no owner of a
28 vehicle shall be subject to a monetary fine imposed pursuant to this
29 section if the operator of such vehicle was operating such vehicle with-
30 out the consent of the owner at the time such operator operated such
31 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
32 eleven hundred eighty of this article. For purposes of this subdivision
33 there shall be a presumption that the operator of such vehicle was oper-
34 ating such vehicle with the consent of the owner at the time of such
35 operator operated such vehicle in violation of subdivision (b), (c),
36 (d), (f) or (g) of section eleven hundred eighty of this article.
37 (m) Nothing in this section shall be construed to limit the liability
38 of an operator of a vehicle for any violation of subdivision (c) or (d)
39 of section eleven hundred eighty of this article.
40 (n) If the city adopts a demonstration program pursuant to subdivision
41 (a) of this section it shall conduct a study and submit a report on the
42 results of the use of photo devices to the governor, the temporary pres-
43 ident of the senate and the speaker of the assembly. Such report shall
44 include:
45 1. the locations where and dates when photo speed violation monitoring
46 systems were used;
47 2. the aggregate number, type and severity of crashes, fatalities,
48 injuries and property damage reported within all school speed zones
49 within the city, to the extent the information is maintained by the
50 department of motor vehicles of this state;
51 3. the aggregate number, type and severity of crashes, fatalities,
52 injuries and property damage reported within school speed zones where
53 photo speed violation monitoring systems were used, to the extent the
54 information is maintained by the department of motor vehicles of this
55 state;
A. 10810 31
1 4. the number of violations recorded within all school speed zones
2 within the city, in the aggregate on a daily, weekly and monthly basis;
3 5. the number of violations recorded within each school speed zone
4 where a photo speed violation monitoring system is used, in the aggre-
5 gate on a daily, weekly and monthly basis;
6 6. the number of violations recorded within all school speed zones
7 within the city that were:
8 (i) more than ten but not more than twenty miles per hour over the
9 posted speed limit;
10 (ii) more than twenty but not more than thirty miles per hour over the
11 posted speed limit;
12 (iii) more than thirty but not more than forty miles per hour over the
13 posted speed limit; and
14 (iv) more than forty miles per hour over the posted speed limit;
15 7. the number of violations recorded within each school speed zone
16 where a photo speed violation monitoring system is used that were:
17 (i) more than ten but not more than twenty miles per hour over the
18 posted speed limit;
19 (ii) more than twenty but not more than thirty miles per hour over the
20 posted speed limit;
21 (iii) more than thirty but not more than forty miles per hour over the
22 posted speed limit; and
23 (iv) more than forty miles per hour over the posted speed limit;
24 8. the total number of notices of liability issued for violations
25 recorded by such systems;
26 9. the number of fines and total amount of fines paid after the first
27 notice of liability issued for violations recorded by such systems;
28 10. the number of violations adjudicated and the results of such adju-
29 dications including breakdowns of dispositions made for violations
30 recorded by such systems;
31 11. the total amount of revenue realized by the city in connection
32 with the program;
33 12. the expenses incurred by the city in connection with the program;
34 and
35 13. the quality of the adjudication process and its results.
36 (o) It shall be a defense to any prosecution for a violation of subdi-
37 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
38 this article pursuant to this section that such photo speed violation
39 monitoring system was malfunctioning at the time of the alleged
40 violation.
41 § 9. The opening paragraph and paragraph (c) of subdivision 1 of
42 section 1809 of the vehicle and traffic law, as amended by section 10 of
43 chapter 222 of the laws of 2015, are amended to read as follows:
44 Whenever proceedings in an administrative tribunal or a court of this
45 state result in a conviction for an offense under this chapter or a
46 traffic infraction under this chapter, or a local law, ordinance, rule
47 or regulation adopted pursuant to this chapter, other than a traffic
48 infraction involving standing, stopping, or parking or violations by
49 pedestrians or bicyclists, or other than an adjudication of liability of
50 an owner for a violation of subdivision (d) of section eleven hundred
51 eleven of this chapter in accordance with section eleven hundred
52 eleven-a of this chapter, or other than an adjudication of liability of
53 an owner for a violation of subdivision (d) of section eleven hundred
54 eleven of this chapter in accordance with section eleven hundred
55 eleven-b of this chapter, or other than an adjudication in accordance
56 with section eleven hundred eleven-c of this chapter for a violation of
A. 10810 32
1 a bus lane restriction as defined in such section, or other than an
2 adjudication of liability of an owner for a violation of subdivision (d)
3 of section eleven hundred eleven of this chapter in accordance with
4 section eleven hundred eleven-d of this chapter, or other than an adju-
5 dication of liability of an owner for a violation of subdivision (b),
6 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
7 accordance with section eleven hundred eighty-b of this chapter, or
8 other than an adjudication of liability of an owner for a violation of
9 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
10 of this chapter in accordance with section eleven hundred eighty-c of
11 this chapter, or other than an adjudication of liability of an owner for
12 a violation of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with section eleven hundred eleven-e of this chap-
14 ter, or other than an adjudication of liability of an owner for a
15 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
16 hundred eighty of this chapter in accordance with section eleven hundred
17 eighty-d of this chapter, there shall be levied a crime victim assist-
18 ance fee and a mandatory surcharge, in addition to any sentence required
19 or permitted by law, in accordance with the following schedule:
20 (c) Whenever proceedings in an administrative tribunal or a court of
21 this state result in a conviction for an offense under this chapter
22 other than a crime pursuant to section eleven hundred ninety-two of this
23 chapter, or a traffic infraction under this chapter, or a local law,
24 ordinance, rule or regulation adopted pursuant to this chapter, other
25 than a traffic infraction involving standing, stopping, or parking or
26 violations by pedestrians or bicyclists, or other than an adjudication
27 of liability of an owner for a violation of subdivision (d) of section
28 eleven hundred eleven of this chapter in accordance with section eleven
29 hundred eleven-a of this chapter, or other than an adjudication of
30 liability of an owner for a violation of subdivision (d) of section
31 eleven hundred eleven of this chapter in accordance with section eleven
32 hundred eleven-b of this chapter, or other than an adjudication of
33 liability of an owner for a violation of subdivision (d) of section
34 eleven hundred eleven of this chapter in accordance with section eleven
35 hundred eleven-d of this chapter, or other than an infraction pursuant
36 to article nine of this chapter or other than an adjudication of liabil-
37 ity of an owner for a violation of toll collection regulations pursuant
38 to section two thousand nine hundred eighty-five of the public authori-
39 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
40 hundred seventy-four of the laws of nineteen hundred fifty or other than
41 an adjudication in accordance with section eleven hundred eleven-c of
42 this chapter for a violation of a bus lane restriction as defined in
43 such section, or other than an adjudication of liability of an owner for
44 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
45 hundred eighty of this chapter in accordance with section eleven hundred
46 eighty-b of this chapter, or other than an adjudication of liability of
47 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
48 section eleven hundred eighty of this chapter in accordance with section
49 eleven hundred eighty-c of this chapter, or other than an adjudication
50 of liability of an owner for a violation of subdivision (d) of section
51 eleven hundred eleven of this chapter in accordance with section eleven
52 hundred eleven-e of this chapter, or other than an adjudication of
53 liability of an owner for a violation of subdivision (b), (c), (d), (f)
54 or (g) of section eleven hundred eighty of this chapter in accordance
55 with section eleven hundred eighty-d of this chapter, there shall be
56 levied a crime victim assistance fee in the amount of five dollars and a
A. 10810 33
1 mandatory surcharge, in addition to any sentence required or permitted
2 by law, in the amount of fifty-five dollars.
3 § 9-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
4 as amended by section 10-a of chapter 222 of the laws of 2015, is
5 amended to read as follows:
6 1. Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a crime under this chapter or a
8 traffic infraction under this chapter, or a local law, ordinance, rule
9 or regulation adopted pursuant to this chapter, other than a traffic
10 infraction involving standing, stopping, parking or motor vehicle equip-
11 ment or violations by pedestrians or bicyclists, or other than an adju-
12 dication of liability of an owner for a violation of subdivision (d) of
13 section eleven hundred eleven of this chapter in accordance with section
14 eleven hundred eleven-a of this chapter, or other than an adjudication
15 of liability of an owner for a violation of subdivision (d) of section
16 eleven hundred eleven of this chapter in accordance with section eleven
17 hundred eleven-b of this chapter, or other than an adjudication in
18 accordance with section eleven hundred eleven-c of this chapter for a
19 violation of a bus lane restriction as defined in such section, or other
20 than an adjudication of liability of an owner for a violation of subdi-
21 vision (d) of section eleven hundred eleven of this chapter in accord-
22 ance with section eleven hundred eleven-d of this chapter, or other than
23 an adjudication of liability of an owner for a violation of subdivision
24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
25 ter in accordance with section eleven hundred eighty-b of this chapter,
26 or other than an adjudication of liability of an owner for a violation
27 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
28 eighty of this chapter in accordance with section eleven hundred eight-
29 y-c of this chapter, or other than an adjudication of liability of an
30 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
31 section eleven hundred eighty of this chapter in accordance with section
32 eleven hundred eighty-d of this chapter, or other than an adjudication
33 of liability of an owner for a violation of subdivision (d) of section
34 eleven hundred eleven of this chapter in accordance with section eleven
35 hundred eleven-e of this chapter, there shall be levied a mandatory
36 surcharge, in addition to any sentence required or permitted by law, in
37 the amount of twenty-five dollars.
38 § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
39 as amended by section 10-b of chapter 222 of the laws of 2015, is
40 amended to read as follows:
41 1. Whenever proceedings in an administrative tribunal or a court of
42 this state result in a conviction for a crime under this chapter or a
43 traffic infraction under this chapter other than a traffic infraction
44 involving standing, stopping, parking or motor vehicle equipment or
45 violations by pedestrians or bicyclists, or other than an adjudication
46 in accordance with section eleven hundred eleven-c of this chapter for a
47 violation of a bus lane restriction as defined in such section, or other
48 than an adjudication of liability of an owner for a violation of subdi-
49 vision (d) of section eleven hundred eleven of this chapter in accord-
50 ance with section eleven hundred eleven-d of this chapter, or other than
51 an adjudication of liability of an owner for a violation of subdivision
52 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
53 ter in accordance with section eleven hundred eighty-b of this chapter,
54 or other than an adjudication of liability of an owner for a violation
55 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
56 eighty of this chapter in accordance with section eleven hundred eight-
A. 10810 34
1 y-c of this chapter, or other than an adjudication of liability of an
2 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
3 section eleven hundred eighty of this chapter in accordance with section
4 eleven hundred eighty-d of this chapter, or other than an adjudication
5 of liability of an owner for a violation of subdivision (d) of section
6 eleven hundred eleven of this chapter in accordance with section eleven
7 hundred eleven-e of this chapter, there shall be levied a mandatory
8 surcharge, in addition to any sentence required or permitted by law, in
9 the amount of seventeen dollars.
10 § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
11 as amended by section 10-c of chapter 222 of the laws of 2015, is
12 amended to read as follows:
13 1. Whenever proceedings in an administrative tribunal or a court of
14 this state result in a conviction for a crime under this chapter or a
15 traffic infraction under this chapter other than a traffic infraction
16 involving standing, stopping, parking or motor vehicle equipment or
17 violations by pedestrians or bicyclists, or other than an adjudication
18 of liability of an owner for a violation of subdivision (b), (c), (d),
19 (f) or (g) of section eleven hundred eighty of this chapter in accord-
20 ance with section eleven hundred eighty-b of this chapter, or other than
21 an adjudication of liability of an owner for a violation of subdivision
22 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
23 ter in accordance with section eleven hundred eighty-c of this chapter,
24 or other than an adjudication of liability of an owner for a violation
25 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
26 eighty of this chapter in accordance with section eleven hundred eight-
27 y-d of this chapter, or other than an adjudication of liability of an
28 owner for a violation of subdivision (d) of section eleven hundred elev-
29 en of this chapter in accordance with section eleven hundred eleven-d of
30 this chapter, or other than an adjudication of liability of an owner for
31 a violation of subdivision (d) of section eleven hundred eleven of this
32 chapter in accordance with section eleven hundred eleven-e of this chap-
33 ter, there shall be levied a mandatory surcharge, in addition to any
34 sentence required or permitted by law, in the amount of seventeen
35 dollars.
36 § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
37 as amended by section 10-d of chapter 222 of the laws of 2015, is
38 amended to read as follows:
39 1. Whenever proceedings in an administrative tribunal or a court of
40 this state result in a conviction for a crime under this chapter or a
41 traffic infraction under this chapter other than a traffic infraction
42 involving standing, stopping, parking or motor vehicle equipment or
43 violations by pedestrians or bicyclists, or other than an adjudication
44 of liability of an owner for a violation of subdivision (b), (c), (d),
45 (f) or (g) of section eleven hundred eighty of this chapter in accord-
46 ance with section eleven hundred eighty-c of this chapter, or other than
47 an adjudication of liability of an owner for a violation of subdivision
48 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
49 ter in accordance with section eleven hundred eighty-d of this chapter,
50 or other than an adjudication of liability of an owner for a violation
51 of subdivision (d) of section eleven hundred eleven of this chapter in
52 accordance with section eleven hundred eleven-d of this chapter, or
53 other than an adjudication of liability of an owner for a violation of
54 subdivision (d) of section eleven hundred eleven of this chapter in
55 accordance with section eleven hundred eleven-e of this chapter, there
A. 10810 35
1 shall be levied a mandatory surcharge, in addition to any sentence
2 required or permitted by law, in the amount of seventeen dollars.
3 § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
4 as amended by section 10-e of chapter 222 of the laws of 2015, is
5 amended to read as follows:
6 1. Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a crime under this chapter or a
8 traffic infraction under this chapter other than a traffic infraction
9 involving standing, stopping, parking or motor vehicle equipment or
10 violations by pedestrians or bicyclists, or other than an adjudication
11 of liability of an owner for a violation of subdivision (b), (c), (d),
12 (f) or (g) of section eleven hundred eighty of this chapter in accord-
13 ance with section eleven hundred eighty-d of this chapter, or other than
14 an adjudication of liability of an owner for a violation of subdivision
15 (d) of section eleven hundred eleven of this chapter in accordance with
16 section eleven hundred eleven-d of this chapter, or other than an adju-
17 dication of liability of an owner for a violation of subdivision (d) of
18 section eleven hundred eleven of this chapter in accordance with section
19 eleven hundred eleven-e of this chapter, there shall be levied a manda-
20 tory surcharge, in addition to any sentence required or permitted by
21 law, in the amount of seventeen dollars.
22 § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
23 as amended by section 10-f of chapter 222 of the laws of 2015, is
24 amended to read as follows:
25 1. Whenever proceedings in an administrative tribunal or a court of
26 this state result in a conviction for a crime under this chapter or a
27 traffic infraction under this chapter other than a traffic infraction
28 involving standing, stopping, parking or motor vehicle equipment or
29 violations by pedestrians or bicyclists, or other than an adjudication
30 of liability of an owner for a violation of subdivision (b), (c), (d),
31 (f) or (g) of section eleven hundred eighty of this chapter in accord-
32 ance with section eleven hundred eighty-d of this chapter, or other than
33 an adjudication of liability of an owner for a violation of subdivision
34 (d) of section eleven hundred eleven of this chapter in accordance with
35 section eleven hundred eleven-e of this chapter, there shall be levied a
36 mandatory surcharge, in addition to any sentence required or permitted
37 by law, in the amount of seventeen dollars.
38 § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
39 as separately amended by chapter 16 of the laws of 1983 and chapter 62
40 of the laws of 1989, is amended to read as follows:
41 1. Whenever proceedings in an administrative tribunal or a court of
42 this state result in a conviction for a crime under this chapter or a
43 traffic infraction under this chapter other than a traffic infraction
44 involving standing, stopping, parking or motor vehicle equipment or
45 violations by pedestrians or bicyclists, or other than an adjudication
46 of liability of an owner for a violation of subdivision (b), (c), (d),
47 (f) or (g) of section eleven hundred eighty of this chapter in accord-
48 ance with section eleven hundred eighty-d of this chapter, there shall
49 be levied a mandatory surcharge, in addition to any sentence required or
50 permitted by law, in the amount of seventeen dollars.
51 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
52 and traffic law, as amended by section 11 of chapter 222 of the laws of
53 2015, is amended to read as follows:
54 a. Notwithstanding any other provision of law, whenever proceedings in
55 a court or an administrative tribunal of this state result in a
56 conviction for an offense under this chapter, except a conviction pursu-
A. 10810 36
1 ant to section eleven hundred ninety-two of this chapter, or for a traf-
2 fic infraction under this chapter, or a local law, ordinance, rule or
3 regulation adopted pursuant to this chapter, except a traffic infraction
4 involving standing, stopping, or parking or violations by pedestrians or
5 bicyclists, and except an adjudication of liability of an owner for a
6 violation of subdivision (d) of section eleven hundred eleven of this
7 chapter in accordance with section eleven hundred eleven-a of this chap-
8 ter or in accordance with section eleven hundred eleven-d of this chap-
9 ter, or in accordance with section eleven hundred eleven-e of this chap-
10 ter, and except an adjudication of liability of an owner for a violation
11 of subdivision (d) of section eleven hundred eleven of this chapter in
12 accordance with section eleven hundred eleven-b of this chapter, and
13 except an adjudication in accordance with section eleven hundred
14 eleven-c of this chapter of a violation of a bus lane restriction as
15 defined in such section, and except an adjudication of liability of an
16 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
17 section eleven hundred eighty of this chapter in accordance with section
18 eleven hundred eighty-b of this chapter, and except an adjudication of
19 liability of an owner for a violation of subdivision (b), (c), (d), (f)
20 or (g) of section eleven hundred eighty of this chapter in accordance
21 with section eleven hundred eighty-c of this chapter, and except an
22 adjudication of liability of an owner for a violation of toll collection
23 regulations pursuant to section two thousand nine hundred eighty-five of
24 the public authorities law or sections sixteen-a, sixteen-b and
25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
26 hundred fifty, or other than an adjudication of liability of an owner
27 for a violation of subdivision (b), (c), (d), (f) or (g) of section
28 eleven hundred eighty of this chapter in accordance with section eleven
29 hundred eighty-d of this chapter, there shall be levied in addition to
30 any sentence, penalty or other surcharge required or permitted by law,
31 an additional surcharge of twenty-eight dollars.
32 § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
33 and traffic law, as amended by section 11-a of chapter 222 of the laws
34 of 2015, is amended to read as follows:
35 a. Notwithstanding any other provision of law, whenever proceedings in
36 a court or an administrative tribunal of this state result in a
37 conviction for an offense under this chapter, except a conviction pursu-
38 ant to section eleven hundred ninety-two of this chapter, or for a traf-
39 fic infraction under this chapter, or a local law, ordinance, rule or
40 regulation adopted pursuant to this chapter, except a traffic infraction
41 involving standing, stopping, or parking or violations by pedestrians or
42 bicyclists, and except an adjudication of liability of an owner for a
43 violation of subdivision (d) of section eleven hundred eleven of this
44 chapter in accordance with section eleven hundred eleven-a of this chap-
45 ter or in accordance with section eleven hundred eleven-d of this chap-
46 ter or in accordance with section eleven hundred eleven-e of this chap-
47 ter, and except an adjudication in accordance with section eleven
48 hundred eleven-c of this chapter of a violation of a bus lane
49 restriction as defined in such section, and except an adjudication of
50 liability of an owner for a violation of subdivision (b), (c), (d), (f)
51 or (g) of section eleven hundred eighty of this chapter in accordance
52 with section eleven hundred eighty-b of this chapter, and except an
53 adjudication of liability of an owner for a violation of subdivision
54 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
55 ter in accordance with section eleven hundred eighty-c of this chapter,
56 and except an adjudication of liability of an owner for a violation of
A. 10810 37
1 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
2 of this chapter in accordance with section eleven hundred eighty-d of
3 this chapter, and except an adjudication of liability of an owner for a
4 violation of toll collection regulations pursuant to section two thou-
5 sand nine hundred eighty-five of the public authorities law or sections
6 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
7 of the laws of nineteen hundred fifty, there shall be levied in addition
8 to any sentence, penalty or other surcharge required or permitted by
9 law, an additional surcharge of twenty-eight dollars.
10 § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
11 and traffic law, as amended by section 11-b of chapter 222 of the laws
12 of 2015, is amended to read as follows:
13 a. Notwithstanding any other provision of law, whenever proceedings in
14 a court or an administrative tribunal of this state result in a
15 conviction for an offense under this chapter, except a conviction pursu-
16 ant to section eleven hundred ninety-two of this chapter, or for a traf-
17 fic infraction under this chapter, or a local law, ordinance, rule or
18 regulation adopted pursuant to this chapter, except a traffic infraction
19 involving standing, stopping, or parking or violations by pedestrians or
20 bicyclists, and except an adjudication of liability of an owner for a
21 violation of subdivision (d) of section eleven hundred eleven of this
22 chapter in accordance with section eleven hundred eleven-a of this chap-
23 ter or in accordance with section eleven hundred eleven-d of this chap-
24 ter or in accordance with section eleven hundred eleven-e of this chap-
25 ter, and except an adjudication of liability of an owner for a violation
26 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
27 eighty of this chapter in accordance with section eleven hundred eight-
28 y-b of this chapter, and except an adjudication of liability of an owner
29 for a violation of subdivision (b), (c), (d), (f) or (g) of section
30 eleven hundred eighty of this chapter in accordance with section eleven
31 hundred eighty-c of this chapter, and except an adjudication of liabil-
32 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
33 of section eleven hundred eighty of this chapter in accordance with
34 section eleven hundred eighty-d of this chapter, and except an adjudi-
35 cation of liability of an owner for a violation of toll collection regu-
36 lations pursuant to section two thousand nine hundred eighty-five of the
37 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
38 chapter seven hundred seventy-four of the laws of nineteen hundred
39 fifty, there shall be levied in addition to any sentence, penalty or
40 other surcharge required or permitted by law, an additional surcharge of
41 twenty-eight dollars.
42 § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
43 and traffic law, as amended by section 11-c of chapter 222 of the laws
44 of 2015, is amended to read as follows:
45 a. Notwithstanding any other provision of law, whenever proceedings in
46 a court or an administrative tribunal of this state result in a
47 conviction for an offense under this chapter, except a conviction pursu-
48 ant to section eleven hundred ninety-two of this chapter, or for a traf-
49 fic infraction under this chapter, or a local law, ordinance, rule or
50 regulation adopted pursuant to this chapter, except a traffic infraction
51 involving standing, stopping, or parking or violations by pedestrians or
52 bicyclists, and except an adjudication of liability of an owner for a
53 violation of subdivision (d) of section eleven hundred eleven of this
54 chapter in accordance with section eleven hundred eleven-a of this chap-
55 ter or in accordance with section eleven hundred eleven-d of this chap-
56 ter or in accordance with section eleven hundred eleven-e of this chap-
A. 10810 38
1 ter, and except an adjudication of liability of an owner for a violation
2 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
3 eighty of this chapter in accordance with section eleven hundred eight-
4 y-c of this chapter, and except an adjudication of liability of an owner
5 for a violation of subdivision (b), (c), (d), (f) or (g) of section
6 eleven hundred eighty of this chapter in accordance with section eleven
7 hundred eighty-d of this chapter, and except an adjudication of liabil-
8 ity of an owner for a violation of toll collection regulations pursuant
9 to section two thousand nine hundred eighty-five of the public authori-
10 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
11 hundred seventy-four of the laws of nineteen hundred fifty, there shall
12 be levied in addition to any sentence, penalty or other surcharge
13 required or permitted by law, an additional surcharge of twenty-eight
14 dollars.
15 § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
16 and traffic law, as amended by section 11-d of chapter 222 of the laws
17 of 2015, is amended to read as follows:
18 a. Notwithstanding any other provision of law, whenever proceedings in
19 a court or an administrative tribunal of this state result in a
20 conviction for an offense under this chapter, except a conviction pursu-
21 ant to section eleven hundred ninety-two of this chapter, or for a traf-
22 fic infraction under this chapter, or a local law, ordinance, rule or
23 regulation adopted pursuant to this chapter, except a traffic infraction
24 involving standing, stopping, or parking or violations by pedestrians or
25 bicyclists, and except an adjudication of liability of an owner for a
26 violation of subdivision (d) of section eleven hundred eleven of this
27 chapter in accordance with section eleven hundred eleven-a of this chap-
28 ter or in accordance with section eleven hundred eleven-d of this chap-
29 ter or in accordance with section eleven hundred eleven-e of this chap-
30 ter, and except an adjudication of liability of an owner for a violation
31 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
32 eighty of this chapter in accordance with section eleven hundred eight-
33 y-d of this chapter, and except an adjudication of liability of an owner
34 for a violation of toll collection regulations pursuant to section two
35 thousand nine hundred eighty-five of the public authorities law or
36 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
37 seventy-four of the laws of nineteen hundred fifty, there shall be
38 levied in addition to any sentence, penalty or other surcharge required
39 or permitted by law, an additional surcharge of twenty-eight dollars.
40 § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
41 and traffic law, as amended by section 11-e of chapter 222 of the laws
42 of 2015, is amended to read as follows:
43 a. Notwithstanding any other provision of law, whenever proceedings in
44 a court or an administrative tribunal of this state result in a
45 conviction for an offense under this chapter, except a conviction pursu-
46 ant to section eleven hundred ninety-two of this chapter, or for a traf-
47 fic infraction under this chapter, or a local law, ordinance, rule or
48 regulation adopted pursuant to this chapter, except a traffic infraction
49 involving standing, stopping, or parking or violations by pedestrians or
50 bicyclists, and except an adjudication of liability of an owner for a
51 violation of subdivision (d) of section eleven hundred eleven of this
52 chapter in accordance with section eleven hundred eleven-a of this chap-
53 ter or in accordance with section eleven hundred eleven-e of this chap-
54 ter, and except an adjudication of liability of an owner for a violation
55 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
56 eighty of this chapter in accordance with section eleven hundred eight-
A. 10810 39
1 y-d of this chapter, and except an adjudication of liability of an owner
2 for a violation of toll collection regulations pursuant to section two
3 thousand nine hundred eighty-five of the public authorities law or
4 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
5 seventy-four of the laws of nineteen hundred fifty, there shall be
6 levied in addition to any sentence, penalty or other surcharge required
7 or permitted by law, an additional surcharge of twenty-eight dollars.
8 § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
9 and traffic law, as amended by section 5 of part C of chapter 55 of the
10 laws of 2013, is amended to read as follows:
11 a. Notwithstanding any other provision of law, whenever proceedings in
12 a court or an administrative tribunal of this state result in a
13 conviction for an offense under this chapter, except a conviction pursu-
14 ant to section eleven hundred ninety-two of this chapter, or for a traf-
15 fic infraction under this chapter, or a local law, ordinance, rule or
16 regulation adopted pursuant to this chapter, except a traffic infraction
17 involving standing, stopping, or parking or violations by pedestrians or
18 bicyclists, and except an adjudication of liability of an owner for a
19 violation of subdivision (d) of section eleven hundred eleven of this
20 chapter in accordance with section eleven hundred eleven-a of this chap-
21 ter, and except an adjudication of liability of an owner for a violation
22 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
23 eighty of this chapter in accordance with section eleven hundred eight-
24 y-d of this chapter, and except an adjudication of liability of an owner
25 for a violation of toll collection regulations pursuant to section two
26 thousand nine hundred eighty-five of the public authorities law or
27 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
28 seventy-four of the laws of nineteen hundred fifty, there shall be
29 levied in addition to any sentence, penalty or other surcharge required
30 or permitted by law, an additional surcharge of twenty-eight dollars.
31 § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
32 401 of the vehicle and traffic law, as amended by section 8 of chapter
33 222 of the laws of 2015, is amended to read as follows:
34 (i) If at the time of application for a registration or renewal there-
35 of there is a certification from a court, parking violations bureau,
36 traffic and parking violations agency or administrative tribunal of
37 appropriate jurisdiction that the registrant or his or her represen-
38 tative failed to appear on the return date or any subsequent adjourned
39 date or failed to comply with the rules and regulations of an adminis-
40 trative tribunal following entry of a final decision in response to a
41 total of three or more summonses or other process in the aggregate,
42 issued within an eighteen month period, charging either that: (i) such
43 motor vehicle was parked, stopped or standing, or that such motor vehi-
44 cle was operated for hire by the registrant or his or her agent without
45 being licensed as a motor vehicle for hire by the appropriate local
46 authority, in violation of any of the provisions of this chapter or of
47 any law, ordinance, rule or regulation made by a local authority; or
48 (ii) the registrant was liable in accordance with section eleven hundred
49 eleven-a, section eleven hundred eleven-b or section eleven hundred
50 eleven-d of this chapter for a violation of subdivision (d) of section
51 eleven hundred eleven of this chapter; or (iii) the registrant was
52 liable in accordance with section eleven hundred eleven-c of this chap-
53 ter for a violation of a bus lane restriction as defined in such
54 section, or (iv) the registrant was liable in accordance with section
55 eleven hundred eighty-b of this chapter for a violation of subdivision
56 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the
A. 10810 40
1 registrant was liable in accordance with section eleven hundred eighty-c
2 of this chapter for a violation of subdivision (c) or (d) of section
3 eleven hundred eighty of this chapter; or (vi) the registrant was liable
4 in accordance with section eleven hundred eleven-e of this chapter for a
5 violation of subdivision (d) of section eleven hundred eleven of this
6 chapter, or (vii) the registrant was liable in accordance with section
7 eleven hundred eighty-d of this chapter for a violation of subdivision
8 (c) or (d) of section eleven hundred eighty of this chapter, the commis-
9 sioner or his or her agent shall deny the registration or renewal appli-
10 cation until the applicant provides proof from the court, traffic and
11 parking violations agency or administrative tribunal wherein the charges
12 are pending that an appearance or answer has been made or in the case of
13 an administrative tribunal that he or she has complied with the rules
14 and regulations of said tribunal following entry of a final decision.
15 Where an application is denied pursuant to this section, the commission-
16 er may, in his or her discretion, deny a registration or renewal appli-
17 cation to any other person for the same vehicle and may deny a registra-
18 tion or renewal application for any other motor vehicle registered in
19 the name of the applicant where the commissioner has determined that
20 such registrant's intent has been to evade the purposes of this subdivi-
21 sion and where the commissioner has reasonable grounds to believe that
22 such registration or renewal will have the effect of defeating the
23 purposes of this subdivision. Such denial shall only remain in effect as
24 long as the summonses remain unanswered, or in the case of an adminis-
25 trative tribunal, the registrant fails to comply with the rules and
26 regulations following entry of a final decision.
27 § 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
28 and traffic law, as amended by section 8-a of chapter 222 of the laws of
29 2015, is amended to read as follows:
30 a. If at the time of application for a registration or renewal thereof
31 there is a certification from a court or administrative tribunal of
32 appropriate jurisdiction that the registrant or his or her represen-
33 tative failed to appear on the return date or any subsequent adjourned
34 date or failed to comply with the rules and regulations of an adminis-
35 trative tribunal following entry of a final decision in response to a
36 total of three or more summonses or other process in the aggregate,
37 issued within an eighteen month period, charging either that: (i) such
38 motor vehicle was parked, stopped or standing, or that such motor vehi-
39 cle was operated for hire by the registrant or his or her agent without
40 being licensed as a motor vehicle for hire by the appropriate local
41 authority, in violation of any of the provisions of this chapter or of
42 any law, ordinance, rule or regulation made by a local authority; or
43 (ii) the registrant was liable in accordance with section eleven hundred
44 eleven-b of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iii) the registrant was
46 liable in accordance with section eleven hundred eleven-c of this chap-
47 ter for a violation of a bus lane restriction as defined in such
48 section; or (iv) the registrant was liable in accordance with section
49 eleven hundred eleven-d of this chapter for a violation of subdivision
50 (d) of section eleven hundred eleven of this chapter or (v) the regis-
51 trant was liable in accordance with section eleven hundred eighty-b of
52 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
53 section eleven hundred eighty of this chapter; or (v) the registrant was
54 liable in accordance with section eleven hundred eighty-c of this chap-
55 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
56 eleven hundred eighty of this chapter; or (vi) the registrant was liable
A. 10810 41
1 in accordance with section eleven hundred eleven-e of this chapter for a
2 violation of subdivision (d) of section eleven hundred eleven of this
3 chapter; or (vii) the registrant was liable in accordance with section
4 eleven hundred eighty-d of this chapter for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter, the commissioner or his or her agent shall deny the registration or
7 renewal application until the applicant provides proof from the court or
8 administrative tribunal wherein the charges are pending that an appear-
9 ance or answer has been made or in the case of an administrative tribu-
10 nal that he or she has complied with the rules and regulations of said
11 tribunal following entry of a final decision. Where an application is
12 denied pursuant to this section, the commissioner may, in his or her
13 discretion, deny a registration or renewal application to any other
14 person for the same vehicle and may deny a registration or renewal
15 application for any other motor vehicle registered in the name of the
16 applicant where the commissioner has determined that such registrant's
17 intent has been to evade the purposes of this subdivision and where the
18 commissioner has reasonable grounds to believe that such registration or
19 renewal will have the effect of defeating the purposes of this subdivi-
20 sion. Such denial shall only remain in effect as long as the summonses
21 remain unanswered, or in the case of an administrative tribunal, the
22 registrant fails to comply with the rules and regulations following
23 entry of a final decision.
24 § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
25 and traffic law, as amended by section 8-b of chapter 222 of the laws of
26 2015, is amended to read as follows:
27 a. If at the time of application for a registration or renewal thereof
28 there is a certification from a court or administrative tribunal of
29 appropriate jurisdiction that the registrant or his or her represen-
30 tative failed to appear on the return date or any subsequent adjourned
31 date or failed to comply with the rules and regulations of an adminis-
32 trative tribunal following entry of a final decision in response to
33 three or more summonses or other process, issued within an eighteen
34 month period, charging that: (i) such motor vehicle was parked, stopped
35 or standing, or that such motor vehicle was operated for hire by the
36 registrant or his or her agent without being licensed as a motor vehicle
37 for hire by the appropriate local authority, in violation of any of the
38 provisions of this chapter or of any law, ordinance, rule or regulation
39 made by a local authority; or (ii) the registrant was liable in accord-
40 ance with section eleven hundred eleven-c of this chapter for a
41 violation of a bus lane restriction as defined in such section; or (iii)
42 the registrant was liable in accordance with section eleven hundred
43 eleven-d of this chapter for a violation of subdivision (d) of section
44 eleven hundred eleven of this chapter; or (iv) the registrant was liable
45 in accordance with section eleven hundred eighty-b of this chapter for a
46 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
47 hundred eighty of this chapter, or the registrant was liable in accord-
48 ance with section eleven hundred eighty-c of this chapter for a
49 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
50 hundred eighty of this chapter, or the registrant was liable in accord-
51 ance with section eleven hundred eighty-d of this chapter for a
52 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
53 hundred eighty of this chapter; or (v) the registrant was liable in
54 accordance with section eleven hundred eleven-e of this chapter for a
55 violation of subdivision (d) of section eleven hundred eleven of this
56 chapter, the commissioner or his or her agent shall deny the registra-
A. 10810 42
1 tion or renewal application until the applicant provides proof from the
2 court or administrative tribunal wherein the charges are pending that an
3 appearance or answer has been made or in the case of an administrative
4 tribunal that he or she has complied with the rules and regulations of
5 said tribunal following entry of a final decision. Where an application
6 is denied pursuant to this section, the commissioner may, in his or her
7 discretion, deny a registration or renewal application to any other
8 person for the same vehicle and may deny a registration or renewal
9 application for any other motor vehicle registered in the name of the
10 applicant where the commissioner has determined that such registrant's
11 intent has been to evade the purposes of this subdivision and where the
12 commissioner has reasonable grounds to believe that such registration or
13 renewal will have the effect of defeating the purposes of this subdivi-
14 sion. Such denial shall only remain in effect as long as the summonses
15 remain unanswered, or in the case of an administrative tribunal, the
16 registrant fails to comply with the rules and regulations following
17 entry of a final decision.
18 § 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
19 and traffic law, as amended by section 8-c of chapter 222 of the laws of
20 2015, is amended to read as follows:
21 a. If at the time of application for a registration or renewal thereof
22 there is a certification from a court or administrative tribunal of
23 appropriate jurisdiction that the registrant or his or her represen-
24 tative failed to appear on the return date or any subsequent adjourned
25 date or failed to comply with the rules and regulations of an adminis-
26 trative tribunal following entry of a final decision in response to
27 three or more summonses or other process, issued within an eighteen
28 month period, charging that: (i) such motor vehicle was parked, stopped
29 or standing, or that such motor vehicle was operated for hire by the
30 registrant or his or her agent without being licensed as a motor vehicle
31 for hire by the appropriate local authority, in violation of any of the
32 provisions of this chapter or of any law, ordinance, rule or regulation
33 made by a local authority; or (ii) the registrant was liable in accord-
34 ance with section eleven hundred eleven-d of this chapter for a
35 violation of subdivision (d) of section eleven hundred eleven of this
36 chapter; or (iii) the registrant was liable in accordance with section
37 eleven hundred eighty-b of this chapter for violations of subdivision
38 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
39 ter, or the registrant was liable in accordance with section eleven
40 hundred eighty-c of this chapter for violations of subdivision (b), (c),
41 (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
42 registrant was liable in accordance with section eleven hundred eighty-d
43 of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
44 of section eleven hundred eighty of this chapter; or (iv) the registrant
45 was liable in accordance with section eleven hundred eleven-e of this
46 chapter for a violation of subdivision (d) of section eleven hundred
47 eleven of this chapter, the commissioner or his or her agent shall deny
48 the registration or renewal application until the applicant provides
49 proof from the court or administrative tribunal wherein the charges are
50 pending that an appearance or answer has been made or in the case of an
51 administrative tribunal that he has complied with the rules and regu-
52 lations of said tribunal following entry of a final decision. Where an
53 application is denied pursuant to this section, the commissioner may, in
54 his or her discretion, deny a registration or renewal application to any
55 other person for the same vehicle and may deny a registration or renewal
56 application for any other motor vehicle registered in the name of the
A. 10810 43
1 applicant where the commissioner has determined that such registrant's
2 intent has been to evade the purposes of this subdivision and where the
3 commissioner has reasonable grounds to believe that such registration or
4 renewal will have the effect of defeating the purposes of this subdivi-
5 sion. Such denial shall only remain in effect as long as the summonses
6 remain unanswered, or in the case of an administrative tribunal, the
7 registrant fails to comply with the rules and regulations following
8 entry of a final decision.
9 § 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
10 and traffic law, as amended by section 8-d of chapter 222 of the laws of
11 2015, is amended to read as follows:
12 a. If at the time of application for a registration or renewal thereof
13 there is a certification from a court or administrative tribunal of
14 appropriate jurisdiction that the registrant or his or her represen-
15 tative failed to appear on the return date or any subsequent adjourned
16 date or failed to comply with the rules and regulations of an adminis-
17 trative tribunal following entry of a final decision in response to
18 three or more summonses or other process, issued within an eighteen
19 month period, charging that such motor vehicle was parked, stopped or
20 standing, or that such motor vehicle was operated for hire by the regis-
21 trant or his agent without being licensed as a motor vehicle for hire by
22 the appropriate local authority, in violation of any of the provisions
23 of this chapter or of any law, ordinance, rule or regulation made by a
24 local authority, or the registrant was liable in accordance with section
25 eleven hundred eighty-c of this chapter for violations of subdivision
26 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
27 ter, or the registrant was liable in accordance with section eleven
28 hundred eighty-d of this chapter for violations of subdivision (b), (c),
29 (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
30 registrant was liable in accordance with section eleven hundred eleven-d
31 of this chapter for a violation of subdivision (d) of section eleven
32 hundred eleven of this chapter, or the registrant was liable in accord-
33 ance with section eleven hundred eleven-e of this chapter for a
34 violation of subdivision (d) of section eleven hundred eleven of this
35 chapter, the commissioner or his or her agent shall deny the registra-
36 tion or renewal application until the applicant provides proof from the
37 court or administrative tribunal wherein the charges are pending that an
38 appearance or answer has been made or in the case of an administrative
39 tribunal that he or she has complied with the rules and regulations of
40 said tribunal following entry of a final decision. Where an application
41 is denied pursuant to this section, the commissioner may, in his or her
42 discretion, deny a registration or renewal application to any other
43 person for the same vehicle and may deny a registration or renewal
44 application for any other motor vehicle registered in the name of the
45 applicant where the commissioner has determined that such registrant's
46 intent has been to evade the purposes of this subdivision and where the
47 commissioner has reasonable grounds to believe that such registration or
48 renewal will have the effect of defeating the purposes of this subdivi-
49 sion. Such denial shall only remain in effect as long as the summonses
50 remain unanswered, or in the case of an administrative tribunal, the
51 registrant fails to comply with the rules and regulations following
52 entry of a final decision.
53 § 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
54 and traffic law, as amended by section 8-e of chapter 222 of the laws of
55 2015, is amended to read as follows:
A. 10810 44
1 a. If at the time of application for a registration or renewal thereof
2 there is a certification from a court or administrative tribunal of
3 appropriate jurisdiction that the registrant or his or her represen-
4 tative failed to appear on the return date or any subsequent adjourned
5 date or failed to comply with the rules and regulations of an adminis-
6 trative tribunal following entry of a final decision in response to
7 three or more summonses or other process, issued within an eighteen
8 month period, charging that such motor vehicle was parked, stopped or
9 standing, or that such motor vehicle was operated for hire by the regis-
10 trant or his or her agent without being licensed as a motor vehicle for
11 hire by the appropriate local authority, in violation of any of the
12 provisions of this chapter or of any law, ordinance, rule or regulation
13 made by a local authority, or the registrant was liable in accordance
14 with section eleven hundred eighty-d of this chapter for violations of
15 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
16 of this chapter, or the registrant was liable in accordance with section
17 eleven hundred eleven-d of this chapter for a violation of subdivision
18 (d) of section eleven hundred eleven of this chapter, or the registrant
19 was liable in accordance with section eleven hundred eleven-e of this
20 chapter for a violation of subdivision (d) of section eleven hundred
21 eleven of this chapter, the commissioner or his or her agent shall deny
22 the registration or renewal application until the applicant provides
23 proof from the court or administrative tribunal wherein the charges are
24 pending that an appearance or answer has been made or in the case of an
25 administrative tribunal that he has complied with the rules and regu-
26 lations of said tribunal following entry of a final decision. Where an
27 application is denied pursuant to this section, the commissioner may, in
28 his or her discretion, deny a registration or renewal application to any
29 other person for the same vehicle and may deny a registration or renewal
30 application for any other motor vehicle registered in the name of the
31 applicant where the commissioner has determined that such registrant's
32 intent has been to evade the purposes of this subdivision and where the
33 commissioner has reasonable grounds to believe that such registration or
34 renewal will have the effect of defeating the purposes of this subdivi-
35 sion. Such denial shall only remain in effect as long as the summonses
36 remain unanswered, or in the case of an administrative tribunal, the
37 registrant fails to comply with the rules and regulations following
38 entry of a final decision.
39 § 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
40 and traffic law, as amended by section 8-f of chapter 222 of the laws of
41 2015, is amended to read as follows:
42 a. If at the time of application for a registration or renewal thereof
43 there is a certification from a court or administrative tribunal of
44 appropriate jurisdiction that the registrant or his or her represen-
45 tative failed to appear on the return date or any subsequent adjourned
46 date or failed to comply with the rules and regulations of an adminis-
47 trative tribunal following entry of a final decision in response to
48 three or more summonses or other process, issued within an eighteen
49 month period, charging that such motor vehicle was parked, stopped or
50 standing, or that such motor vehicle was operated for hire by the regis-
51 trant or his or her agent without being licensed as a motor vehicle for
52 hire by the appropriate local authority, in violation of any of the
53 provisions of this chapter or of any law, ordinance, rule or regulation
54 made by a local authority, or the registrant was liable in accordance
55 with section eleven hundred eighty-d of this chapter for violations of
56 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
A. 10810 45
1 of this chapter, or the registrant was liable in accordance with section
2 eleven hundred eleven-e of this chapter for a violation of subdivision
3 (d) of section eleven hundred eleven of this chapter, the commissioner
4 or his or her agent shall deny the registration or renewal application
5 until the applicant provides proof from the court or administrative
6 tribunal wherein the charges are pending that an appearance or answer
7 has been made or in the case of an administrative tribunal that he has
8 complied with the rules and regulations of said tribunal following entry
9 of a final decision. Where an application is denied pursuant to this
10 section, the commissioner may, in his or her discretion, deny a regis-
11 tration or renewal application to any other person for the same vehicle
12 and may deny a registration or renewal application for any other motor
13 vehicle registered in the name of the applicant where the commissioner
14 has determined that such registrant's intent has been to evade the
15 purposes of this subdivision and where the commissioner has reasonable
16 grounds to believe that such registration or renewal will have the
17 effect of defeating the purposes of this subdivision. Such denial shall
18 only remain in effect as long as the summonses remain unanswered, or in
19 the case of an administrative tribunal, the registrant fails to comply
20 with the rules and regulations following entry of a final decision.
21 § 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
22 and traffic law, as separately amended by chapters 339 and 592 of the
23 laws of 1987, is amended to read as follows:
24 a. If at the time of application for a registration or renewal thereof
25 there is a certification from a court or administrative tribunal of
26 appropriate jurisdiction that the registrant or his representative
27 failed to appear on the return date or any subsequent adjourned date or
28 failed to comply with the rules and regulations of an administrative
29 tribunal following entry of a final decision in response to three or
30 more summonses or other process, issued within an eighteen month period,
31 charging that such motor vehicle was parked, stopped or standing, or
32 that such motor vehicle was operated for hire by the registrant or his
33 agent without being licensed as a motor vehicle for hire by the appro-
34 priate local authority, in violation of any of the provisions of this
35 chapter or of any law, ordinance, rule or regulation made by a local
36 authority, or the registrant was liable in accordance with section elev-
37 en hundred eighty-d of this chapter for violations of subdivision (b),
38 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter,
39 the commissioner or his agent shall deny the registration or renewal
40 application until the applicant provides proof from the court or admin-
41 istrative tribunal wherein the charges are pending that an appearance or
42 answer has been made or in the case of an administrative tribunal that
43 he has complied with the rules and regulations of said tribunal follow-
44 ing entry of a final decision. Where an application is denied pursuant
45 to this section, the commissioner may, in his discretion, deny a regis-
46 tration or renewal application to any other person for the same vehicle
47 and may deny a registration or renewal application for any other motor
48 vehicle registered in the name of the applicant where the commissioner
49 has determined that such registrant's intent has been to evade the
50 purposes of this subdivision and where the commissioner has reasonable
51 grounds to believe that such registration or renewal will have the
52 effect of defeating the purposes of this subdivision. Such denial shall
53 only remain in effect as long as the summonses remain unanswered, or in
54 the case of an administrative tribunal, the registrant fails to comply
55 with the rules and regulations following entry of a final decision.
A. 10810 46
1 § 12. Subdivision 2 of section 87 of the public officers law is
2 amended by adding a new paragraph (p) to read as follows:
3 (p) are photographs, microphotographs, videotape or other recorded
4 images prepared under the authority of section eleven hundred eighty-d
5 of the vehicle and traffic law.
6 § 13. The purchase or lease of equipment for a demonstration program
7 pursuant to section 1180-d of the vehicle and traffic law shall be
8 subject to the provisions of section 103 of the general municipal law.
9 § 14. This act shall take effect on the thirtieth day after it shall
10 have become a law and shall expire 5 years after such effective date
11 when upon such date the provisions of this act shall be deemed repealed;
12 and provided further that any rules necessary for the implementation of
13 this act on its effective date shall be promulgated on or before such
14 effective date, provided that:
15 (a) the amendments to subdivision 1 of section 235 of the vehicle and
16 traffic law made by section one of this act shall not affect the expira-
17 tion of such section and shall be deemed to expire therewith, when upon
18 such date the provisions of section one-a of this act shall take effect;
19 (a-1) the amendments to section 235 of the vehicle and traffic law
20 made by section one-a of this act shall not affect the expiration of
21 such section and shall be deemed to expire therewith, when upon such
22 date the provisions of section one-b of this act shall take effect;
23 (a-2) the amendments to section 235 of the vehicle and traffic law
24 made by section one-b of this act shall not affect the expiration of
25 such section and shall be deemed to expire therewith, when upon such
26 date the provisions of section one-c of this act shall take effect;
27 (a-3) the amendments to section 235 of the vehicle and traffic law
28 made by section one-c of this act shall not affect the expiration of
29 such section and shall be deemed to expire therewith, when upon such
30 date the provisions of section one-d of this act shall take effect;
31 (a-4) the amendments to section 235 of the vehicle and traffic law
32 made by section one-d of this act shall not affect the expiration of
33 such section and shall be deemed to expire therewith, when upon such
34 date the provisions of section one-e of this act shall take effect;
35 (a-5) the amendments to section 235 of the vehicle and traffic law
36 made by section one-e of this act shall not affect the expiration of
37 such section and shall be deemed to expire therewith, when upon such
38 date the provisions of section one-f of this act shall take effect;
39 (a-6) the amendments to section 235 of the vehicle and traffic law
40 made by section one-f of this act shall not affect the expiration of
41 such section and shall be deemed to expire therewith, when upon such
42 date the provisions of section one-g of this act shall take effect;
43 (b) the amendments to subdivision 1 of section 236 of the vehicle and
44 traffic law made by section two of this act shall not affect the expira-
45 tion of such subdivision and shall be deemed to expire therewith, when
46 upon such date the provisions of section two-a of this act shall take
47 effect;
48 (b-1) the amendments to subdivision 1 of section 236 of the vehicle
49 and traffic law made by section two-a of this act shall not affect the
50 expiration of such subdivision and shall be deemed to expire therewith,
51 when upon such date the provisions of section two-b of this act shall
52 take effect;
53 (b-2) the amendments to subdivision 1 of section 236 of the vehicle
54 and traffic law made by section two-b of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
A. 10810 47
1 when upon such date the provisions of section two-c of this act shall
2 take effect;
3 (b-3) the amendments to subdivision 1 of section 236 of the vehicle
4 and traffic law made by section two-c of this act shall not affect the
5 expiration of such subdivision and shall be deemed to expire therewith,
6 when upon such date the provisions of section two-d of this act shall
7 take effect;
8 (b-4) the amendments to subdivision 1 of section 236 of the vehicle
9 and traffic law made by section two-d of this act shall not affect the
10 expiration of such subdivision and shall be deemed to expire therewith,
11 when upon such date the provisions of section two-e of this act shall
12 take effect;
13 (b-5) the amendments to subdivision 1 of section 236 of the vehicle
14 and traffic law made by section two-e of this act shall not affect the
15 expiration of such subdivision and shall be deemed to expire therewith,
16 when upon such date the provisions of section two-f of this act shall
17 take effect;
18 (c) the amendments to paragraph f of subdivision 1 of section 239 of
19 the vehicle and traffic law made by section four of this act shall not
20 affect the expiration of such paragraph and shall be deemed to expire
21 therewith, when upon such date the provisions of section four-a of this
22 act shall take effect;
23 (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
24 the vehicle and traffic law made by section four-a of this act shall not
25 affect the expiration of such paragraph and shall be deemed to expire
26 therewith, when upon such date the provisions of section four-b of this
27 act shall take effect;
28 (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
29 the vehicle and traffic law made by section four-b of this act shall not
30 affect the expiration of such paragraph and shall be deemed to expire
31 therewith, when upon such date the provisions of section four-c of this
32 act shall take effect;
33 (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
34 the vehicle and traffic law made by section four-c of this act shall not
35 affect the expiration of such paragraph and shall be deemed to expire
36 therewith, when upon such date the provisions of section four-d of this
37 act shall take effect;
38 (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
39 the vehicle and traffic law made by section four-d of this act shall not
40 affect the expiration of such paragraph and shall be deemed to expire
41 therewith, when upon such date the provisions of section four-e of this
42 act shall take effect;
43 (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
44 the vehicle and traffic law made by section four-e of this act shall not
45 affect the expiration of such paragraph and shall be deemed to expire
46 therewith, when upon such date the provisions of section four-f of this
47 act shall take effect;
48 (d) the amendments to subdivisions 1 and 1-a of section 240 of the
49 vehicle and traffic law made by section five of this act shall not
50 affect the expiration of such subdivisions and shall be deemed to expire
51 therewith, when upon such date the provisions of section five-a of this
52 act shall take effect;
53 (d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
54 vehicle and traffic law made by section five-a of this act shall not
55 affect the expiration of such subdivisions and shall be deemed to expire
A. 10810 48
1 therewith, when upon such date the provisions of section five-b of this
2 act shall take effect;
3 (d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
4 vehicle and traffic law made by section five-b of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section five-c of this
7 act shall take effect;
8 (d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
9 vehicle and traffic law made by section five-c of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section five-d of this
12 act shall take effect;
13 (d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
14 vehicle and traffic law made by section five-d of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section five-e of this
17 act shall take effect;
18 (d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
19 vehicle and traffic law made by section five-e of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section five-f of this
22 act shall take effect;
23 (e) the amendments to paragraphs a and g of subdivision 2 of section
24 240 of the vehicle and traffic law made by section six of this act shall
25 not affect the expiration of such paragraphs and shall be deemed to
26 expire therewith, when upon such date the provisions of section six-a of
27 this act shall take effect;
28 (e-1) the amendments to paragraphs a and g of subdivision 2 of section
29 240 of the vehicle and traffic law made by section six-a of this act
30 shall not affect the expiration of such paragraphs and shall be deemed
31 to expire therewith, when upon such date the provisions of section six-b
32 of this act shall take effect;
33 (e-2) the amendments to paragraphs a and g of subdivision 2 of section
34 240 of the vehicle and traffic law made by section six-b of this act
35 shall not affect the expiration of such paragraphs and shall be deemed
36 to expire therewith, when upon such date the provisions of section six-c
37 of this act shall take effect;
38 (e-3) the amendments to paragraphs a and g of subdivision 2 of section
39 240 of the vehicle and traffic law made by section six-c of this act
40 shall not affect the expiration of such paragraphs and shall be deemed
41 to expire therewith, when upon such date the provisions of section six-d
42 of this act shall take effect;
43 (e-4) the amendments to paragraphs a and g of subdivision 2 of section
44 240 of the vehicle and traffic law made by section six-d of this act
45 shall not affect the expiration of such paragraphs and shall be deemed
46 to expire therewith, when upon such date the provisions of section six-e
47 of this act shall take effect;
48 (e-5) the amendments to paragraphs a and g of subdivision 2 of section
49 240 of the vehicle and traffic law made by section six-e of this act
50 shall not affect the expiration of such paragraphs and shall be deemed
51 to expire therewith, when upon such date the provisions of section six-f
52 of this act shall take effect;
53 (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
54 cle and traffic law made by section seven of this act shall not affect
55 the expiration of such subdivisions and shall be deemed to expire there-
A. 10810 49
1 with, when upon such date the provisions of section seven-a of this act
2 shall take effect;
3 (f-1) the amendments to subdivisions 1 and 2 of section 241 of the
4 vehicle and traffic law made by section seven-a of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section seven-b of this
7 act shall take effect;
8 (f-2) the amendments to subdivisions 1 and 2 of section 241 of the
9 vehicle and traffic law made by section seven-b of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section seven-c of this
12 act shall take effect;
13 (f-3) the amendments to subdivisions 1 and 2 of section 241 of the
14 vehicle and traffic law made by section seven-c of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section seven-d of this
17 act shall take effect;
18 (f-4) the amendments to subdivisions 1 and 2 of section 241 of the
19 vehicle and traffic law made by section seven-d of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section seven-e of this
22 act shall take effect;
23 (f-5) the amendments to subdivisions 1 and 2 of section 241 of the
24 vehicle and traffic law made by section seven-e of this act shall not
25 affect the expiration of such subdivisions and shall be deemed to expire
26 therewith, when upon such date the provisions of section seven-f of this
27 act shall take effect;
28 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
29 traffic law made by section nine of this act shall not affect the expi-
30 ration of such subdivision and shall be deemed to expire therewith, when
31 upon such date the provisions of section nine-a of this act shall take
32 effect;
33 (g-1) the amendments to subdivision 1 of section 1809 of the vehicle
34 and traffic law made by section nine-a of this act shall not affect the
35 expiration of such subdivision and shall be deemed to expire therewith,
36 when upon such date the provisions of section nine-b of this act shall
37 take effect;
38 (g-2) the amendments to subdivision 1 of section 1809 of the vehicle
39 and traffic law made by section nine-b of this act shall not affect the
40 expiration of such subdivision and shall be deemed to expire therewith,
41 when upon such date the provisions of section nine-c of this act shall
42 take effect;
43 (g-3) the amendments to subdivision 1 of section 1809 of the vehicle
44 and traffic law made by section nine-c of this act shall not affect the
45 expiration of such subdivision and shall be deemed to expire therewith,
46 when upon such date the provisions of section nine-d of this act shall
47 take effect;
48 (g-4) the amendments to subdivision 1 of section 1809 of the vehicle
49 and traffic law made by section nine-d of this act shall not affect the
50 expiration of such subdivision and shall be deemed to expire therewith,
51 when upon such date the provisions of section nine-e of this act shall
52 take effect;
53 (g-5) the amendments to subdivision 1 of section 1809 of the vehicle
54 and traffic law made by section nine-e of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
A. 10810 50
1 when upon such date the provisions of section nine-f of this act shall
2 take effect;
3 (g-6) the amendments to subdivision 1 of section 1809 of the vehicle
4 and traffic law made by section nine-f of this act shall not affect the
5 expiration of such subdivision and shall be deemed to expire therewith,
6 when upon such date the provisions of section nine-g of this act shall
7 take effect;
8 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
9 of the vehicle and traffic law made by section ten of this act shall not
10 affect the expiration of such paragraph and shall be deemed to expire
11 therewith, when upon such date the provisions of section ten-a of this
12 act shall take effect;
13 (h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
14 of the vehicle and traffic law made by section ten-a of this act shall
15 not affect the expiration of such paragraph and shall be deemed to
16 expire therewith, when upon such date the provisions of section ten-b of
17 this act shall take effect;
18 (h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
19 of the vehicle and traffic law made by section ten-b of this act shall
20 not affect the expiration of such paragraph and shall be deemed to
21 expire therewith, when upon such date the provisions of section ten-c of
22 this act shall take effect;
23 (h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
24 of the vehicle and traffic law made by section ten-c of this act shall
25 not affect the expiration of such paragraph and shall be deemed to
26 expire therewith, when upon such date the provisions of section ten-d of
27 this act shall take effect;
28 (h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
29 of the vehicle and traffic law made by section ten-d of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section ten-e of
32 this act shall take effect;
33 (h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
34 of the vehicle and traffic law made by section ten-e of this act shall
35 not affect the expiration of such paragraph and shall be deemed to
36 expire therewith, when upon such date the provisions of section ten-f of
37 this act shall take effect;
38 (i) the amendments to subparagraph (i) of paragraph a of subdivision
39 5-a of section 401 of the vehicle and traffic law made by section eleven
40 of this act shall not affect the expiration of such paragraph and shall
41 be deemed to expire therewith, when upon such date the provisions of
42 section eleven-a of this act shall take effect;
43 (i-1) the amendments to paragraph a of subdivision 5-a of section 401
44 of the vehicle and traffic law made by section eleven-a of this act
45 shall not affect the expiration of such paragraph and shall be deemed to
46 expire therewith, when upon such date the provisions of section eleven-b
47 of this act shall take effect;
48 (i-2) the amendments to paragraph a of subdivision 5-a of section 401
49 of the vehicle and traffic law made by section eleven-b of this act
50 shall not affect the expiration of such paragraph and shall be deemed to
51 expire therewith, when upon such date the provisions of section eleven-c
52 of this act shall take effect;
53 (i-3) the amendments to paragraph a of subdivision 5-a of section 401
54 of the vehicle and traffic law made by section eleven-c of this act
55 shall not affect the expiration of such paragraph and shall be deemed to
A. 10810 51
1 expire therewith, when upon such date the provisions of section eleven-d
2 of this act shall take effect;
3 (i-4) the amendments to paragraph a of subdivision 5-a of section 401
4 of the vehicle and traffic law made by section eleven-d of this act
5 shall not affect the expiration of such paragraph and shall be deemed to
6 expire therewith, when upon such date the provisions of section eleven-e
7 of this act shall take effect;
8 (i-5) the amendments to paragraph a of subdivision 5-a of section 401
9 of the vehicle and traffic law made by section eleven-e of this act
10 shall not affect the expiration of such paragraph and shall be deemed to
11 expire therewith, when upon such date the provisions of section eleven-f
12 of this act shall take effect; and
13 (i-6) the amendments to paragraph a of subdivision 5-a of section 401
14 of the vehicle and traffic law made by section eleven-f of this act
15 shall not affect the expiration of such paragraph and shall be deemed to
16 expire therewith, when upon such date the provisions of section eleven-g
17 of this act shall take effect.
