Arroyo, Cook, Colton, Carroll, Fernandez, Dinowitz, Barron, Gottfried
MLTSPNSR
Galef, Thiele
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A951
SPONSOR: Peoples-Stokes (MS) TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to allow the city of Buffalo to implement a
pilot program for a speed violation camera monitoring system in school
speed zones.
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 235 of the vehicle and traffic
law to include the ability to adjudicate the liability of owners for
violations of section eleven hundred eighty of this chapter in accord-
ance with said chapter.Section 2 amends subdivision 1 of section 236 of
the vehicle and traffic law, as amended by section 2 of part II of chap-
ter 59 of the laws of 2010 to include the ability to adjudicate the
liability of owners for violations of section eleven hundred eighty of
this chapter in accord- ance with said chapter.Section 3 amends subdivi-
sion 12 of section 237 of the vehicle and traf- fic law to include the
ability to adjudicate the liability of owners for violations of section
eleven hundred eighty of this chapter in accord- ance with said chap-
ter.Section 4 amends paragraph f of subdivision 1 of section 239 of the
vehicle and traffic law, as amended by section 4 of part II of chapter
59 of the laws of 2010 to include notice of liability issued pursuant to
section eleven hundred eighty- b of this chapter to the definition of
"notice of violation".Section 5 amends paragraphs a and g of subdivision
2 of section 240 of the vehicle and traffic law, as amended by section 6
of part II of chap- ter 59 of the laws of 2010 to include 'an allegation
of liability in accordance with section eleven hundred eighty-d of this
chapter' to the list of allegations held before the hearing examiner,
and that said hearing will be recorded.
Section 6 amends subdivisions 1 and 2 of section 241 of the vehicle and
traffic law to add 'record of or allegations of liability in accordance
with section eleven hundred eighty-d of this chapter' to the procedures
surrounding determination of charges. Section 7 amends the vehicle and
traffic law to add section eleven hundred eighty-d. This authorizes the
City of Buffalo to establish a demonstration program imposing monetary
liability on the owners of motor vehicles found to be in violation of
the maximum school speed limit in Buffalo through the use of a speed
limit photo device which combines speed sensing technology which deter-
mines the speed of a vehicle and captures/records that data by photo-
graphic, micro-graphic, video tape or other recording system and produc-
es an image of a motor vehicle at the moment that it exceeds the speed
limit. Buffalo will be authorized to operate cameras in no more than
twenty school zones at any one time during any year of the program. Such
speed limit photo devices may be stationary or mobile and shall be acti-
vated at locations selected by such city.Section 8 amends the opening
paragraph and paragraph (c) of subdivision 1 section 1809 of the vehicle
and traffic law to add an adjudication of liability of an owner for a
violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d of this chapter'
to the exemptions in the opening paragraph and paragraph (c) of subdivi-
sion 1 of section 1809 of the vehicle and traffic law.Section 9 amends
paragraph a of subdivision 1 of section 1809-e of the vehicle and traf-
fic law to an 'adjudication of liability of an owner for a violation of
subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-d of this chapter'
to the exemptions to paragraph a of subdivision 1 of section 1809-e of
the vehicle and traffic law.Section 13 amends Subdivision 2 of section
87 of the public officers law by adding paragraph (p)authorizing photo-
graphs, microphotographs, vide- otape or other recorded images prepared
under the authority of section eleven hundred eighty-d of the vehicle
and traffic law. Section 14 states that the purchase or lease of equip-
ment for a demonstration program pursuant to section 1180-d of the vehi-
cle and traffic law shall be subject to the provisions of section 103 of
the general municipal law.Section 15 is the enacting clause.
JUSTIFICATION:
Speeding motorists are a pervasive problem in some areas of the City of
Buffalo. Speed violations are often a significant factor in accidents,
which may result in death or injury to motorists and pedestrians. Speed-
ing motorists are especially an issue in school zones, where children
and families are vulnerable to distracted, speeding drivers. According
to Safe Kids Worldwide, in the.United States there has been a 13%
increase in the pedestrian death rate for 12-19 year olds since
2013.Under the present provisions of law, a police officer must be pres-
ent at the scene of a speeding violation to observe the violation and
serve the operator of the vehicle with a summons. There are of course
not a suffi- cient number of police officers to observe every speeding
violation. In fact, a motorist can rely on the odds that a speeding
violation will not be detected. Therefore, the purpose of this legis-
lation is to develop a system which will supplement the police effort by
using recent technology to record speeding violations on film or other
recording devices. The program will operate in the same manner as the
Red Light Camera Program, which has successfully reduced the incidence
of red light violations in other parts of New York, ultimately prevent-
ing accidents and saving lives.Technology presently exists which will
photographically capture vehicles which exceed the maximum speed limit
without the presence of a police officer. This technology combines speed
sensing technology that deter- mines the speed of a vehicle and
captures/records that data by photo- graphic, micrographic, video tape
or other recording system and produces an image of a motor vehicle at
the moment that it exceeds the speed limit. This image can then be used
as evidence in a proceeding to impose liability on the owner of the
vehicle for the speeding violation.The enactment of this legislation
will give the City of Buffalo a great- er ability to enforce appropriate
speeds through school zones, hopefully saving lives in the process.
PRIOR LEGISLATIVE HISTORY:
2018: A10810
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State. To be determined fiscal impact to the city of
Buffalo.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire 5 years after such effective date when
upon such date the provisions of this act shall be deemed repealed; and
provided further that any rules necessary for the implementation of this
act on its effective date shall be promulgated on or before such date.
STATE OF NEW YORK
________________________________________________________________________
951
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. PEOPLES-STOKES, ARROYO, COOK, COLTON -- Multi-
Sponsored by -- M. of A. GALEF, THIELE -- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04570-01-9
A. 951 2
1 collection regulations as defined in and in accordance with the
2 provisions of section two thousand nine hundred eighty-five of the
3 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
4 of chapter seven hundred seventy-four of the laws of nineteen hundred
5 fifty, or to adjudicate liability of owners in accordance with section
6 eleven hundred eleven-c of this chapter for violations of bus lane
7 restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
8 section, or to adjudicate the liability of owners for violations of
9 section eleven hundred eighty of this chapter in accordance with section
10 eleven hundred eighty-b of this chapter, or to adjudicate the liability
11 of owners for violations of section eleven hundred eighty of this chap-
12 ter in accordance with section eleven hundred eighty-d of this chapter,
13 such tribunal and the rules and regulations pertaining thereto shall be
14 constituted in substantial conformance with the following sections.
15 § 1-a. Section 235 of the vehicle and traffic law, as amended by
16 section 1-a of chapter 222 of the laws of 2015, is amended to read as
17 follows:
18 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
19 general, special or local law or administrative code to the contrary, in
20 any city which heretofore or hereafter is authorized to establish an
21 administrative tribunal to hear and determine complaints of traffic
22 infractions constituting parking, standing or stopping violations, or to
23 adjudicate the liability of owners for violations of subdivision (d) of
24 section eleven hundred eleven of this chapter in accordance with section
25 eleven hundred eleven-a of this chapter, or to adjudicate the liability
26 of owners for violations of subdivision (d) of section eleven hundred
27 eleven of this chapter in accordance with sections eleven hundred
28 eleven-b of this chapter as added by sections sixteen of chapters twen-
29 ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
30 adjudicate the liability of owners for violations of subdivision (d) of
31 section eleven hundred eleven of this chapter in accordance with section
32 eleven hundred eleven-d of this chapter, or to adjudicate the liability
33 of owners for violations of subdivision (d) of section eleven hundred
34 eleven of this chapter in accordance with section eleven hundred
35 eleven-e of this chapter, or to adjudicate the liability of owners for
36 violations of toll collection regulations as defined in and in accord-
37 ance with the provisions of section two thousand nine hundred eighty-
38 five of the public authorities law and sections sixteen-a, sixteen-b and
39 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
40 hundred fifty, or to adjudicate liability of owners in accordance with
41 section eleven hundred eleven-c of this chapter for violations of bus
42 lane restrictions as defined in such section, or to adjudicate the
43 liability of owners for violations of subdivision (b), (c), (d), (f) or
44 (g) of section eleven hundred eighty of this chapter in accordance with
45 section eleven hundred eighty-b of this chapter, or to adjudicate the
46 liability of owners for violations of subdivision (b), (c), (d), (f) or
47 (g) of section eleven hundred eighty of this chapter in accordance with
48 section eleven hundred eighty-d of this chapter, such tribunal and the
49 rules and regulations pertaining thereto shall be constituted in
50 substantial conformance with the following sections.
51 § 1-b. Section 235 of the vehicle and traffic law, as amended by
52 section 1-b of chapter 222 of the laws of 2015, is amended to read as
53 follows:
54 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
55 general, special or local law or administrative code to the contrary, in
56 any city which heretofore or hereafter is authorized to establish an
A. 951 3
1 administrative tribunal to hear and determine complaints of traffic
2 infractions constituting parking, standing or stopping violations, or to
3 adjudicate the liability of owners for violations of subdivision (d) of
4 section eleven hundred eleven of this chapter in accordance with
5 sections eleven hundred eleven-b of this chapter as added by sections
6 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
7 two thousand nine, or to adjudicate the liability of owners for
8 violations of subdivision (d) of section eleven hundred eleven of this
9 chapter in accordance with section eleven hundred eleven-d of this chap-
10 ter, or to adjudicate the liability of owners for violations of subdivi-
11 sion (d) of section eleven hundred eleven of this chapter in accordance
12 with section eleven hundred eleven-e of this chapter, or to adjudicate
13 the liability of owners for violations of toll collection regulations as
14 defined in and in accordance with the provisions of section two thousand
15 nine hundred eighty-five of the public authorities law and sections
16 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
17 of the laws of nineteen hundred fifty, or to adjudicate liability of
18 owners in accordance with section eleven hundred eleven-c of this chap-
19 ter for violations of bus lane restrictions as defined in such section,
20 or to adjudicate the liability of owners for violations of subdivision
21 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
22 ter in accordance with section eleven hundred eighty-b of this chapter,
23 or to adjudicate the liability of owners for violations 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-d of this chapter,
26 such tribunal and the rules and regulations pertaining thereto shall be
27 constituted in substantial conformance with the following sections.
28 § 1-c. Section 235 of the vehicle and traffic law, as amended by
29 section 1-c of chapter 222 of the laws of 2015, is amended to read as
30 follows:
31 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
32 general, special or local law or administrative code to the contrary, in
33 any city which heretofore or hereafter is authorized to establish an
34 administrative tribunal to hear and determine complaints of traffic
35 infractions constituting parking, standing or stopping violations, or to
36 adjudicate the liability of owners for violations of subdivision (d) of
37 section eleven hundred eleven of this chapter in accordance with section
38 eleven hundred eleven-d of this chapter, or to adjudicate the liability
39 of owners for violations of subdivision (d) of section eleven hundred
40 eleven of this chapter in accordance with section eleven hundred
41 eleven-e of this chapter, or to adjudicate the liability of owners for
42 violations of toll collection regulations as defined in and in accord-
43 ance with the provisions of section two thousand nine hundred eighty-
44 five of the public authorities law and sections sixteen-a, sixteen-b and
45 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
46 hundred fifty, or to adjudicate liability of owners in accordance with
47 section eleven hundred eleven-c of this chapter for violations of bus
48 lane restrictions as defined in such section, or to adjudicate the
49 liability of owners for violations of subdivision (b), (c), (d), (f) or
50 (g) of section eleven hundred eighty of this chapter in accordance with
51 section eleven hundred eighty-b of this chapter, or to adjudicate the
52 liability of owners for violations of subdivision (b), (c), (d), (f) or
53 (g) of section eleven hundred eighty of this chapter in accordance with
54 section eleven hundred eighty-d of this chapter, such tribunal and the
55 rules and regulations pertaining thereto shall be constituted in
56 substantial conformance with the following sections.
A. 951 4
1 § 1-d. Section 235 of the vehicle and traffic law, as amended by
2 section 1-d of chapter 222 of the laws of 2015, is amended to read as
3 follows:
4 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
5 general, special or local law or administrative code to the contrary, in
6 any city which heretofore or hereafter is authorized to establish an
7 administrative tribunal to hear and determine complaints of traffic
8 infractions constituting parking, standing or stopping violations, or to
9 adjudicate the liability of owners for violations of subdivision (d) of
10 section eleven hundred eleven of this chapter in accordance with section
11 eleven hundred eleven-d of this chapter, or to adjudicate the liability
12 of owners for violations of subdivision (d) of section eleven hundred
13 eleven of this chapter in accordance with section eleven hundred
14 eleven-e of this chapter, or to adjudicate the liability of owners for
15 violations of toll collection regulations as defined in and in accord-
16 ance with the provisions of section two thousand nine hundred eighty-
17 five of the public authorities law and sections sixteen-a, sixteen-b and
18 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
19 hundred fifty, or to adjudicate liability of owners for violations of
20 subdivisions (c) and (d) of section eleven hundred eighty of this chap-
21 ter in accordance with section eleven hundred eighty-b of this chapter,
22 or to adjudicate the liability of owners for violations of subdivision
23 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
24 ter in accordance with section eleven hundred eighty-d of this chapter,
25 such tribunal and the rules and regulations pertaining thereto shall be
26 constituted in substantial conformance with the following sections.
27 § 1-e. Section 235 of the vehicle and traffic law, as amended by
28 section 1-e of chapter 222 of the laws of 2015, is amended to read as
29 follows:
30 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
31 general, special or local law or administrative code to the contrary, in
32 any city which heretofore or hereafter is authorized to establish an
33 administrative tribunal to hear and determine complaints of traffic
34 infractions constituting parking, standing or stopping violations, or to
35 adjudicate the liability of owners for violations of subdivision (d) of
36 section eleven hundred eleven of this chapter in accordance with section
37 eleven hundred eleven-d of this chapter, or to adjudicate the liability
38 of owners for violations of subdivision (d) of section eleven hundred
39 eleven of this chapter in accordance with section eleven hundred
40 eleven-e of this chapter, or to adjudicate the liability of owners for
41 violations of toll collection regulations as defined in and in accord-
42 ance with the provisions of section two thousand nine hundred eighty-
43 five of the public authorities law and sections sixteen-a, sixteen-b and
44 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
45 hundred fifty, or to adjudicate the liability of owners for violations
46 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
47 eighty of this chapter in accordance with section eleven hundred eight-
48 y-d of this chapter, such tribunal and the rules and regulations
49 pertaining thereto shall be constituted in substantial conformance with
50 the following sections.
51 § 1-f. Section 235 of the vehicle and traffic law, as amended by
52 section 1-f of chapter 222 of the laws of 2015, is amended to read as
53 follows:
54 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
55 general, special or local law or administrative code to the contrary, in
56 any city which heretofore or hereafter is authorized to establish an
A. 951 5
1 administrative tribunal to hear and determine complaints of traffic
2 infractions constituting parking, standing or stopping violations, or to
3 adjudicate the liability of owners for violations of subdivision (d) of
4 section eleven hundred eleven of this chapter in accordance with section
5 eleven hundred eleven-e of this chapter, or to adjudicate the liability
6 of owners for violations of toll collection regulations as defined in
7 and in accordance with the provisions of section two thousand nine
8 hundred eighty-five of the public authorities law and sections
9 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
10 of the laws of nineteen hundred fifty, or to adjudicate the liability of
11 owners for violations of subdivision (b), (c), (d), (f) or (g) of
12 section eleven hundred eighty of this chapter in accordance with section
13 eleven hundred eighty-d of this chapter, such tribunal and the rules and
14 regulations pertaining thereto shall be constituted in substantial
15 conformance with the following sections.
16 § 1-g. Section 235 of the vehicle and traffic law, as separately
17 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
18 of 1992, is amended to read as follows:
19 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
20 general, special or local law or administrative code to the contrary, in
21 any city which heretofore or hereafter is authorized to establish an
22 administrative tribunal to hear and determine complaints of traffic
23 infractions constituting parking, standing or stopping violations, or to
24 adjudicate the liability of owners for violations of toll collection
25 regulations as defined in and in accordance with the provisions of
26 section two thousand nine hundred eighty-five of the public authorities
27 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
28 hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
29 dicate the liability of owners for violations of subdivision (b), (c),
30 (d), (f) or (g) of section eleven hundred eighty of this chapter in
31 accordance with section eleven hundred eighty-d of this chapter, such
32 tribunal and the rules and regulations pertaining thereto shall be
33 constituted in substantial conformance with the following sections.
34 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
35 amended by section 2 of chapter 222 of the laws of 2015, is amended to
36 read as follows:
37 1. Creation. In any city as hereinbefore or hereafter authorized such
38 tribunal when created shall be known as the parking violations bureau
39 and shall have jurisdiction of traffic infractions which constitute a
40 parking violation and, where authorized by local law adopted pursuant to
41 subdivision (a) of section eleven hundred eleven-a of this chapter or
42 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
43 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
44 of the laws of two thousand nine, or subdivision (a) of section eleven
45 hundred eleven-d of this chapter, or subdivision (a) of section eleven
46 hundred eleven-e of this chapter, shall adjudicate the liability of
47 owners for violations of subdivision (d) of section eleven hundred elev-
48 en of this chapter in accordance with such section eleven hundred
49 eleven-a, sections eleven hundred eleven-b as added by sections sixteen
50 of chapters twenty, twenty-one, and twenty-two of the laws of two thou-
51 sand nine, or section eleven hundred eleven-d or section eleven hundred
52 eleven-e and shall adjudicate the liability of owners for violations of
53 toll collection regulations as defined in and in accordance with the
54 provisions of section two thousand nine hundred eighty-five of the
55 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
56 of chapter seven hundred seventy-four of the laws of nineteen hundred
A. 951 6
1 fifty and shall adjudicate liability of owners in accordance with
2 section eleven hundred eleven-c of this chapter for violations of bus
3 lane restrictions as defined in such section 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-b of this chapter and shall adjudicate the
7 liability of owners for violations of subdivision (b), (c), (d), (f) or
8 (g) of section eleven hundred eighty of this chapter in accordance with
9 section eleven hundred eighty-d of this chapter. Such tribunal, except
10 in a city with a population of one million or more, shall also have
11 jurisdiction of abandoned vehicle violations. For the purposes of this
12 article, a parking violation is the violation of any law, rule or regu-
13 lation providing for or regulating the parking, stopping or standing of
14 a vehicle. In addition for purposes of this article, "commissioner"
15 shall mean and include the commissioner of traffic of the city or an
16 official possessing authority as such a commissioner.
17 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
18 amended by section 2-a of chapter 222 of the laws of 2015, is amended to
19 read as follows:
20 1. Creation. In any city as hereinbefore or hereafter authorized such
21 tribunal when created shall be known as the parking violations bureau
22 and shall have jurisdiction of traffic infractions which constitute a
23 parking violation and, where authorized by local law adopted pursuant to
24 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
25 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
26 of the laws of two thousand nine, or subdivision (a) of section eleven
27 hundred eleven-d of this chapter, or subdivision (a) of section eleven
28 hundred eleven-e of this chapter, shall adjudicate the liability of
29 owners for violations of subdivision (d) of section eleven hundred elev-
30 en of this chapter in accordance with such sections eleven hundred
31 eleven-b as added by sections sixteen of chapters twenty, twenty-one,
32 and twenty-two of the laws of two thousand nine or section eleven
33 hundred eleven-d or section eleven hundred eleven-e; and shall adjudi-
34 cate liability of owners in accordance with section eleven hundred
35 eleven-c of this chapter for violations of bus lane restrictions as
36 defined in such section and shall adjudicate liability of owners for
37 violations of subdivisions (c) and (d) of section eleven hundred eighty
38 of this chapter in accordance with section eleven hundred eighty-b of
39 this chapter and shall adjudicate the liability of owners for violations
40 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
41 eighty of this chapter in accordance with section eleven hundred eight-
42 y-d of this chapter. For the purposes of this article, a parking
43 violation is the violation of any law, rule or regulation providing for
44 or regulating the parking, stopping or standing of a vehicle. In addi-
45 tion for purposes of this article, "commissioner" shall mean and include
46 the commissioner of traffic of the city or an official possessing
47 authority as such a commissioner.
48 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
49 amended by section 2-b of chapter 222 of the laws of 2015, is amended to
50 read as follows:
51 1. Creation. In any city as hereinbefore or hereafter authorized such
52 tribunal when created shall be known as the parking violations bureau
53 and shall have jurisdiction of traffic infractions which constitute a
54 parking violation and, where authorized by local law adopted pursuant to
55 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
56 section eleven hundred eleven-e of this chapter, shall adjudicate
A. 951 7
1 liability of owners in accordance with section eleven hundred eleven-c
2 of this chapter for violations of bus lane restrictions as defined in
3 such section; and shall adjudicate the liability of owners for
4 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
5 hundred eighty of this chapter in accordance with section eleven hundred
6 eighty-b of this chapter; and shall adjudicate the liability of owners
7 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
8 en hundred eighty of this chapter in accordance with section eleven
9 hundred eighty-d of this chapter. For the purposes of this article, a
10 parking violation is the violation of any law, rule or regulation
11 providing for or regulating the parking, stopping or standing of a vehi-
12 cle. In addition for purposes of this article, "commissioner" shall mean
13 and include the commissioner of traffic of the city or an official
14 possessing authority as such a commissioner.
15 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
16 amended by section 2-c of chapter 222 of the laws of 2015, is amended to
17 read as follows:
18 1. Creation. In any city as hereinbefore or hereafter authorized such
19 tribunal when created shall be known as the parking violations bureau
20 and, where authorized by local law adopted pursuant to subdivision (a)
21 of section eleven hundred eleven-d of this chapter or subdivision (a) of
22 section eleven hundred eleven-e of this chapter, shall have jurisdiction
23 of traffic infractions which constitute a parking violation and shall
24 adjudicate the liability of owners for violations of subdivision (b),
25 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
26 accordance with section eleven hundred eighty-b of this chapter and
27 shall adjudicate the liability of owners for violations of subdivision
28 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
29 ter in accordance with section eleven hundred eighty-d of this chapter.
30 For the purposes of this article, a parking violation is the violation
31 of any law, rule or regulation providing for or regulating the parking,
32 stopping or standing of a vehicle. In addition for purposes of this
33 article, "commissioner" shall mean and include the commissioner of traf-
34 fic of the city or an official possessing authority as such a commis-
35 sioner.
36 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
37 amended by section 2-d of chapter 222 of the laws of 2015, is amended to
38 read as follows:
39 1. Creation. In any city as hereinbefore or hereafter authorized such
40 tribunal when created shall be known as the parking violations bureau
41 and, where authorized by local law adopted pursuant to subdivision (a)
42 of section eleven hundred eleven-d of this chapter or subdivision (a) of
43 section eleven hundred eleven-e of this chapter, shall have jurisdiction
44 of traffic infractions which constitute a parking violation and shall
45 adjudicate the liability of owners for violations of subdivision (b),
46 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
47 accordance with section eleven hundred eighty-d of this chapter. For
48 the purposes of this article, a parking violation is the violation of
49 any law, rule or regulation providing for or regulating the parking,
50 stopping or standing of a vehicle. In addition for purposes of this
51 article, "commissioner" shall mean and include the commissioner of traf-
52 fic of the city or an official possessing authority as such a commis-
53 sioner.
54 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
55 amended by section 2-e of chapter 222 of the laws of 2015, is amended to
56 read as follows:
A. 951 8
1 1. Creation. In any city as hereinbefore or hereafter authorized such
2 tribunal when created shall be known as the parking violations bureau
3 and where authorized by local law adopted pursuant to subdivision (a) of
4 section eleven hundred eleven-e of this chapter, shall have jurisdiction
5 of traffic infractions which constitute a parking violation and shall
6 adjudicate the liability of owners for violations of subdivision (b),
7 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
8 accordance with section eleven hundred eighty-d of this chapter. For the
9 purposes of this article, a parking violation is the violation of any
10 law, rule or regulation providing for or regulating the parking, stop-
11 ping or standing of a vehicle. In addition for purposes of this article,
12 "commissioner" shall mean and include the commissioner of traffic of the
13 city or an official possessing authority as such a commissioner.
14 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
15 added by chapter 715 of the laws of 1972, is amended to read as follows:
16 1. Creation. In any city as hereinbefore or hereafter authorized such
17 tribunal when created shall be known as the parking violations bureau
18 and shall have jurisdiction of traffic infractions which constitute a
19 parking violation and shall adjudicate the liability of owners for
20 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
21 hundred eighty of this chapter in accordance with section eleven hundred
22 eighty-d of this chapter. For the purposes of this article, a parking
23 violation is the violation of any law, rule or regulation providing for
24 or regulating the parking, stopping or standing of a vehicle. In addi-
25 tion for purposes of this article, "commissioner" shall mean and include
26 the commissioner of traffic of the city or an official possessing
27 authority as such a commissioner.
28 § 3. Section 237 of the vehicle and traffic law is amended by adding a
29 new subdivision 16 to read as follows:
30 16. To adjudicate the liability of owners for violations of subdivi-
31 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
32 chapter in accordance with section eleven hundred eighty-d of this chap-
33 ter.
34 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
35 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
36 is amended to read as follows:
37 f. "Notice of violation" means a notice of violation as defined in
38 subdivision nine of section two hundred thirty-seven of this article,
39 but shall not be deemed to include a notice of liability issued pursuant
40 to authorization set forth in section eleven hundred eleven-a of this
41 chapter, or 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 section eleven hundred eleven-d of this
44 chapter, or section eleven hundred eleven-e of this chapter, and shall
45 not be deemed to include a notice of liability issued pursuant to
46 section two thousand nine hundred eighty-five of the public authorities
47 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
48 hundred seventy-four of the laws of nineteen hundred fifty and shall not
49 be deemed to include a notice of liability issued pursuant to section
50 eleven hundred eleven-c of this chapter and shall not be deemed to
51 include a notice of liability issued pursuant to section eleven hundred
52 eighty-b of this chapter and shall not be deemed to include a notice of
53 liability issued pursuant to section eleven hundred eighty-d of this
54 chapter.
A. 951 9
1 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
2 traffic law, as amended by section 4-a of chapter 222 of the laws of
3 2015, is amended to read as follows:
4 f. "Notice of violation" means a notice of violation as defined in
5 subdivision nine of section two hundred thirty-seven of this article but
6 shall not be deemed to include a notice of liability issued pursuant to
7 authorization set forth in sections eleven hundred eleven-b of this
8 chapter as added by sections sixteen of chapters twenty, twenty-one, and
9 twenty-two of the laws of two thousand nine or section eleven hundred
10 eleven-d of this chapter or section eleven hundred eleven-e of this
11 chapter and shall not be deemed to include a notice of liability issued
12 pursuant to section eleven hundred eleven-c of this chapter and shall
13 not be deemed to include a notice of liability issued pursuant to
14 section eleven hundred eighty-b of this chapter and shall not be deemed
15 to include a notice of liability issued pursuant to section eleven
16 hundred eighty-d of this chapter.
17 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
18 traffic law, as amended by section 4-b of chapter 222 of the laws of
19 2015, is amended to read as follows:
20 f. "Notice of violation" means a notice of violation as defined in
21 subdivision nine of section two hundred thirty-seven of this article and
22 shall not be deemed to include a notice of liability issued pursuant to
23 authorization set forth in section eleven hundred eleven-d of this chap-
24 ter or to a notice of liability issued pursuant to authorization set
25 forth in section eleven hundred eleven-e of this chapter and shall not
26 be deemed to include a notice of liability issued pursuant to section
27 eleven hundred eleven-c of this chapter and shall not be deemed to
28 include a notice of liability issued pursuant to section eleven hundred
29 eighty-b of this chapter and shall not be deemed to include a notice of
30 liability issued pursuant to section eleven hundred eighty-d of this
31 chapter.
32 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
33 traffic law, as amended by section 4-c of chapter 222 of the laws of
34 2015, is amended to read as follows:
35 f. "Notice of violation" means a notice of violation as defined in
36 subdivision nine of section two hundred thirty-seven of this article and
37 shall not be deemed to include a notice of liability issued pursuant to
38 authorization set forth in section eleven hundred eleven-d of this chap-
39 ter or to a notice of liability issued pursuant to authorization set
40 forth in section eleven hundred eleven-e of this chapter and shall not
41 be deemed to include a notice of liability issued pursuant to section
42 eleven hundred eighty-b of this chapter and shall not be deemed to
43 include a notice of liability issued pursuant to section eleven hundred
44 eighty-d of this chapter.
45 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
46 traffic law, as amended by section 4-d of chapter 222 of the laws of
47 2015, is amended to read as follows:
48 f. "Notice of violation" means a notice of violation as defined in
49 subdivision nine of section two hundred thirty-seven of this article and
50 shall not be deemed to include a notice of liability issued pursuant to
51 authorization set forth in section eleven hundred eleven-d of this chap-
52 ter or to a notice of liability issued pursuant to authorization set
53 forth in section eleven hundred eleven-e of this chapter and shall not
54 be deemed to include a notice of liability issued pursuant to section
55 eleven hundred eighty-d of this chapter.
A. 951 10
1 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
2 traffic law, as amended by section 4-e of chapter 222 of the laws of
3 2015, is amended to read as follows:
4 f. "Notice of violation" means a notice of violation as defined in
5 subdivision nine of section two hundred thirty-seven of this article and
6 shall not be deemed to include a notice of liability issued pursuant to
7 authorization set forth in section eleven hundred eleven-e of this chap-
8 ter and shall not be deemed to include a notice of liability issued
9 pursuant to section eleven hundred eighty-d of this chapter.
10 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
11 traffic law, as added by chapter 180 of the laws of 1980, is amended to
12 read as follows:
13 f. "Notice of violation" means a notice of violation as defined in
14 subdivision nine of section two hundred thirty-seven of this article and
15 shall not be deemed to include a notice of liability issued pursuant to
16 section eleven hundred eighty-d of this chapter.
17 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
18 law, as amended by section 5 of chapter 222 of the laws of 2015, are
19 amended to read as follows:
20 1. Notice of hearing. Whenever a person charged with a parking
21 violation enters a plea of not guilty or a person alleged to be liable
22 in accordance with section eleven hundred eleven-a of this chapter or
23 sections eleven hundred eleven-b of this chapter as added by sections
24 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
25 two thousand nine or section eleven hundred eleven-d of this chapter, or
26 section eleven hundred eleven-e of this chapter, for a violation of
27 subdivision (d) of section eleven hundred eleven of this chapter
28 contests such allegation, or a person alleged to be liable in accordance
29 with the provisions of section two thousand nine hundred eighty-five of
30 the public authorities law or sections sixteen-a, sixteen-b and
31 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
32 hundred fifty, or a person alleged to be liable in accordance with the
33 provisions of section eleven hundred eleven-c of this chapter for a
34 violation of a bus lane restriction as defined in such section contests
35 such allegation, or a person alleged to be liable in accordance with the
36 provisions of section eleven hundred eighty-b of this chapter for a
37 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
38 hundred eighty of this chapter contests such allegation, or a person
39 alleged to be liable in accordance with the provisions of section eleven
40 hundred eighty-d of this chapter for a violation of subdivision (b),
41 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
42 contests such allegation, the bureau shall advise such person personally
43 by such form of first class mail as the director may direct of the date
44 on which he or she must appear to answer the charge at a hearing. The
45 form and content of such notice of hearing shall be prescribed by the
46 director, and shall contain a warning to advise the person so pleading
47 or contesting that failure to appear on the date designated, or on any
48 subsequent adjourned date, shall be deemed an admission of liability,
49 and that a default judgment may be entered thereon.
50 1-a. Fines and penalties. Whenever a plea of not guilty has been
51 entered, or the bureau has been notified that an allegation of liability
52 in accordance with section eleven hundred eleven-a of this chapter or
53 sections eleven hundred eleven-b of this chapter as added by sections
54 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
55 two thousand nine or section eleven hundred eleven-d of this chapter or
56 section eleven hundred eleven-e of this chapter or an allegation of
A. 951 11
1 liability in accordance with section two thousand nine hundred eighty-
2 five of the public authorities law or sections sixteen-a, sixteen-b and
3 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
4 hundred fifty or an allegation of liability in accordance with section
5 eleven hundred eleven-c of this chapter or an allegation of liability in
6 accordance with section eleven hundred eighty-b of this chapter or an
7 allegation of liability in accordance with section eleven hundred eight-
8 y-d of this chapter, is being contested, by a person in a timely fashion
9 and a hearing upon the merits has been demanded, but has not yet been
10 held, the bureau shall not issue any notice of fine or penalty to that
11 person prior to the date of the hearing.
12 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
13 fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
14 are amended to read as follows:
15 1. Notice of hearing. Whenever a person charged with a parking
16 violation enters a plea of not guilty or a person alleged to be liable
17 in accordance with sections eleven hundred eleven-b of this chapter as
18 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
19 of the laws of two thousand nine or section eleven hundred eleven-d of
20 this chapter or section eleven hundred eleven-e of this chapter for a
21 violation of subdivision (d) of section eleven hundred eleven of this
22 chapter, or a person alleged to be liable in accordance with the
23 provisions of section eleven hundred eleven-c of this chapter for a
24 violation of a bus lane restriction as defined in such section contests
25 such allegation, or a person alleged to be liable in accordance with the
26 provisions of section eleven hundred eighty-b of this chapter for
27 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
28 hundred eighty of this chapter contests such allegation, or a person
29 alleged to be liable in accordance with the provisions of section eleven
30 hundred eighty-d of this chapter for a violation of subdivision (b),
31 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
32 contests such allegation, the bureau shall advise such person personally
33 by such form of first class mail as the director may direct of the date
34 on which he or she must appear to answer the charge at a hearing. The
35 form and content of such notice of hearing shall be prescribed by the
36 director, and shall contain a warning to advise the person so pleading
37 or contesting that failure to appear on the date designated, or on any
38 subsequent adjourned date, shall be deemed an admission of liability,
39 and that a default judgment may be entered thereon.
40 1-a. Fines and penalties. Whenever a plea of not guilty has been
41 entered, or the bureau has been notified that an allegation of liability
42 in accordance with sections eleven hundred eleven-b of this chapter, as
43 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
44 of the laws of two thousand nine or in accordance with section eleven
45 hundred eleven-d of this chapter, or in accordance with section eleven
46 hundred eleven-e of this chapter or an allegation of liability in
47 accordance with section eleven hundred eleven-c of this chapter or an
48 allegation of liability in accordance with section eleven hundred eight-
49 y-b of this chapter or an allegation of liability in accordance with
50 section eleven hundred eighty-d of this chapter is being contested, by a
51 person in a timely fashion and a hearing upon the merits has been
52 demanded, but has not yet been held, the bureau shall not issue any
53 notice of fine or penalty to that person prior to the date of the hear-
54 ing.
A. 951 12
1 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
2 fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
3 are amended to read as follows:
4 1. Notice of hearing. Whenever a person charged with a parking
5 violation enters a plea of not guilty or a person alleged to be liable
6 in accordance with section eleven hundred eleven-d of this chapter or in
7 accordance with section eleven hundred eleven-e of this chapter or in
8 accordance with the provisions of section eleven hundred eleven-c of
9 this chapter for a violation of a bus lane restriction as defined in
10 such section, contests such allegation, or a person alleged to be liable
11 in accordance with the provisions of section eleven hundred eighty-b of
12 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
13 section eleven hundred eighty of this chapter contests such allegation,
14 or a person alleged to be liable in accordance with the provisions of
15 section eleven hundred eighty-d of this chapter for a violation of
16 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
17 of this chapter contests such allegation, the bureau shall advise such
18 person personally by such form of first class mail as the director may
19 direct of the date on which he or she must appear to answer the charge
20 at a hearing. The form and content of such notice of hearing shall be
21 prescribed by the director, and shall contain a warning to advise the
22 person so pleading that failure to appear on the date designated, or on
23 any subsequent adjourned date, shall be deemed an admission of liabil-
24 ity, and that a default judgment may be entered thereon.
25 1-a. Fines and penalties. Whenever a plea of not guilty has been
26 entered, or the bureau has been notified that an allegation of liability
27 in accordance with section eleven hundred eleven-d of this chapter or in
28 accordance with section eleven hundred eleven-e of this chapter or in
29 accordance with section eleven hundred eleven-c of this chapter or an
30 allegation of liability in accordance with section eleven hundred eight-
31 y-b of this chapter or an allegation of liability in accordance with
32 section eleven hundred eighty-d of this chapter is being contested, by a
33 person in a timely fashion and a hearing upon the merits has been
34 demanded, but has not yet been held, the bureau shall not issue any
35 notice of fine or penalty to that person prior to the date of the hear-
36 ing.
37 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
38 fic law, as amended by section 5-c 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-d of this chapter, or a
43 person alleged to be liable in accordance with section eleven hundred
44 eleven-e of this chapter, or a person alleged to be liable in accordance
45 with the provisions of section eleven hundred eighty-b of this chapter
46 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
47 en hundred eighty of this chapter contests such allegation, or a person
48 alleged to be liable in accordance with the provisions of section eleven
49 hundred eighty-d of this chapter for a violation of subdivision (b),
50 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
51 contests such allegation, the bureau shall advise such person personally
52 by such form of first class mail as the director may direct of the date
53 on which he or she must appear to answer the charge at a hearing. The
54 form and content of such notice of hearing shall be prescribed by the
55 director, and shall contain a warning to advise the person so pleading
56 that failure to appear on the date designated, or on any subsequent
A. 951 13
1 adjourned date, shall be deemed an admission of liability, and that a
2 default judgment may be entered thereon.
3 1-a. Fines and penalties. Whenever a plea of not guilty has been
4 entered, or the bureau has been notified that an allegation of liability
5 in accordance with section eleven hundred eleven-d of this chapter, or
6 the bureau has been notified that an allegation of liability in accord-
7 ance with section eleven hundred eleven-e of this chapter, or the bureau
8 has been notified that an allegation of liability in accordance with
9 section eleven hundred eighty-b of this chapter, or an allegation of
10 liability in accordance with section eleven hundred eighty-d of this
11 chapter, is being contested, by a person in a timely fashion and a hear-
12 ing upon the merits has been demanded, but has not yet been held, the
13 bureau shall not issue any notice of fine or penalty to that person
14 prior to the date of the hearing.
15 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
16 fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
17 are amended to read as follows:
18 1. Notice of hearing. Whenever a person charged with a parking
19 violation enters a plea of not guilty, or a person alleged to be liable
20 in accordance with section eleven hundred eleven-d of this chapter
21 contests such allegation, or a person alleged to be liable in accordance
22 with section eleven hundred eleven-e of this chapter contests such alle-
23 gation, or a person alleged to be liable in accordance with the
24 provisions of section eleven hundred eighty-d of this chapter for a
25 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
26 hundred eighty of this chapter contests such allegation, the bureau
27 shall advise such person personally by such form of first class mail as
28 the director may direct of the date on which he or she must appear to
29 answer the charge at a hearing. The form and content of such notice of
30 hearing shall be prescribed by the director, and shall contain a warning
31 to advise the person so pleading that failure to appear on the date
32 designated, or on any subsequent adjourned date, shall be deemed an
33 admission of liability, and that a default judgment may be entered ther-
34 eon.
35 1-a. Fines and penalties. Whenever a plea of not guilty has been
36 entered, or the bureau has been notified that an allegation of liability
37 in accordance with section eleven hundred eleven-d of this chapter, is
38 being contested, or the bureau has been notified that an allegation of
39 liability in accordance with section eleven hundred eleven-e of this
40 chapter, or an allegation of liability in accordance with section eleven
41 hundred eighty-d of this chapter, is being contested, by a person in a
42 timely fashion and a hearing upon the merits has been demanded, but has
43 not yet been held, the bureau shall not issue any notice of fine or
44 penalty to that person prior to the date of the hearing.
45 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
46 fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
47 are amended to read as follows:
48 1. Notice of hearing. Whenever a person charged with a parking
49 violation enters a plea of not guilty, or a person alleged to be liable
50 in accordance with section eleven hundred eleven-e of this chapter
51 contests such allegation, or a person alleged to be liable in accordance
52 with the provisions of section eleven hundred eighty-d of this chapter
53 for a violation of subdivision (b), (c), (d), (f) or (g) of section
54 eleven hundred eighty of this chapter contests such allegation, the
55 bureau shall advise such person personally by such form of first class
56 mail as the director may direct of the date on which he or she must
A. 951 14
1 appear to answer the charge at a hearing. The form and content of such
2 notice of hearing shall be prescribed by the director, and shall contain
3 a warning to advise the person so pleading that failure to appear on the
4 date designated, or on any subsequent adjourned date, shall be deemed an
5 admission of liability, and that a default judgment may be entered ther-
6 eon.
7 1-a. Fines and penalties. Whenever a plea of not guilty has been
8 entered, or the bureau has been notified that an allegation of liability
9 in accordance with section eleven hundred eleven-e of this chapter, or
10 an allegation of liability in accordance with section eleven hundred
11 eighty-d of this chapter, is being contested, by a person in a timely
12 fashion and a hearing upon the merits has been demanded, but has not yet
13 been held, the bureau shall not issue any notice of fine or penalty to
14 that person prior to the date of the hearing.
15 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
16 fic law, subdivision 1 as added by chapter 715 of the laws of 1972, and
17 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
18 to read as follows:
19 1. Notice of hearing. Whenever a person charged with a parking
20 violation enters a plea of not guilty, or a person alleged to be liable
21 in accordance with the provisions of section eleven hundred eighty-d of
22 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
23 section eleven hundred eighty of this chapter contests such allegation,
24 the bureau shall advise such person personally by such form of first
25 class mail as the director may direct of the date on which he must
26 appear to answer the charge at a hearing. The form and content of such
27 notice of hearing shall be prescribed by the director, and shall contain
28 a warning to advise the person so pleading that failure to appear on the
29 date designated, or on any subsequent adjourned date, shall be deemed an
30 admission of liability, and that a default judgment may be entered ther-
31 eon.
32 1-a. Fines and penalties. Whenever a plea of not guilty has been
33 entered, or the bureau has been notified that an allegation of liability
34 in accordance with section eleven hundred eighty-d of this chapter is
35 being contested, by a person in a timely fashion and a hearing upon the
36 merits has been demanded, but has not yet been held, the bureau shall
37 not issue any notice of fine or penalty to that person prior to the date
38 of the hearing.
39 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
40 and traffic law, as amended by section 6 of chapter 222 of the laws of
41 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-a of this chapter or in accordance with sections eleven hundred
45 eleven-b of this chapter as added by sections sixteen of chapters twen-
46 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
47 accordance with section eleven hundred eleven-d of this chapter or in
48 accordance with section eleven hundred eleven-e of this chapter or an
49 allegation of liability in accordance with section two thousand nine
50 hundred eighty-five of the public authorities law or sections sixteen-a,
51 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
52 laws of nineteen hundred fifty or an allegation of liability in accord-
53 ance with section eleven hundred eleven-c of this chapter or an allega-
54 tion of liability in accordance with section eleven hundred eighty-b of
55 this chapter, or an allegation of liability in accordance with section
56 eleven hundred eighty-d of this chapter, shall be held before a hearing
A. 951 15
1 examiner in accordance with rules and regulations promulgated by the
2 bureau.
3 g. A record shall be made of a hearing on a plea of not guilty or of a
4 hearing at which liability in accordance with section eleven hundred
5 eleven-a of this chapter or in accordance with sections eleven hundred
6 eleven-b of this chapter as added by sections sixteen of chapters twen-
7 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
8 accordance with section eleven hundred eleven-d of this chapter is
9 contested or in accordance with section eleven hundred eleven-e of this
10 chapter is contested or of a hearing at which liability in accordance
11 with section two thousand nine hundred eighty-five of the public author-
12 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
13 seven hundred seventy-four of the laws of nineteen hundred fifty is
14 contested or of a hearing at which liability in accordance with section
15 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
16 ity in accordance with section eleven hundred eighty-b of this chapter
17 or of a hearing at which liability in accordance with section eleven
18 hundred eighty-d of this chapter is contested. Recording devices may be
19 used for the making of the record.
20 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
21 cle and traffic law, as amended by section 6-a of chapter 222 of the
22 laws of 2015, are amended to read as follows:
23 a. Every hearing for the adjudication of a charge of parking violation
24 or an allegation of liability in accordance with sections eleven hundred
25 eleven-b of this chapter, as added by sections sixteen of chapters twen-
26 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
27 accordance with section eleven hundred eleven-d of this chapter or in
28 accordance with section eleven hundred eleven-e of this chapter or an
29 allegation of liability in accordance with section eleven hundred
30 eleven-c of this chapter or an allegation of liability in accordance
31 with section eleven hundred eighty-b 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
34 rules and regulations promulgated by the bureau.
35 g. A record shall be made of a hearing on a plea of not guilty or of a
36 hearing at which liability 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 of a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-c of this chapter or of a hearing at which liability in accord-
43 ance with section eleven hundred eighty-b of this chapter or of a hear-
44 ing at which liability in accordance with section eleven hundred eight-
45 y-d of this chapter is contested. Recording devices may be used for the
46 making of the record.
47 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
48 cle and traffic law, as amended by section 6-b of chapter 222 of the
49 laws of 2015, are amended to read as follows:
50 a. Every hearing for the adjudication of a charge of parking violation
51 or an allegation of liability in accordance with section eleven hundred
52 eleven-e of this chapter or an allegation of liability in accordance
53 with section eleven hundred eleven-d of this chapter or an allegation of
54 liability in accordance with section eleven hundred eleven-c of this
55 chapter or an allegation of liability in accordance with section eleven
56 hundred eighty-b of this chapter or an allegation of liability in
A. 951 16
1 accordance with section eleven hundred eighty-d of this chapter shall be
2 held before a hearing examiner in accordance with rules and regulations
3 promulgated by the bureau.
4 g. A record shall be made of a hearing on a plea of not guilty or of a
5 hearing at which liability in accordance with section eleven hundred
6 eleven-e of this chapter or of a hearing at which liability in accord-
7 ance with section eleven hundred eleven-d of this chapter or of a hear-
8 ing at which liability in accordance with section eleven hundred
9 eleven-c of this chapter or of a hearing at which liability in accord-
10 ance with section eleven hundred eighty-b of this chapter or of a hear-
11 ing at which liability in accordance with section eleven hundred eight-
12 y-d of this chapter is contested. Recording devices may be used for the
13 making of the record.
14 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
15 cle and traffic law, as amended by section 6-c of chapter 222 of the
16 laws of 2015, are amended to read as follows:
17 a. Every hearing for the adjudication of a charge of parking violation
18 or an allegation of liability in accordance with section eleven hundred
19 eleven-e of this chapter or an allegation of liability in accordance
20 with section eleven hundred eleven-d of this chapter or an allegation of
21 liability in accordance with section eleven hundred eighty-b of this
22 chapter or an allegation of liability in accordance with section eleven
23 hundred eighty-d of this chapter shall be held before a hearing examiner
24 in accordance with rules and regulations promulgated by the bureau.
25 g. A record shall be made of a hearing on a plea of not guilty or of a
26 hearing at which liability in accordance with section eleven hundred
27 eleven-e of this chapter or of a hearing at which liability in accord-
28 ance with section eleven hundred eleven-d of this chapter or of a hear-
29 ing at which liability in accordance with section eleven hundred eight-
30 y-b of this chapter or of a hearing at which liability in accordance
31 with section eleven hundred eighty-d of this chapter is contested.
32 Recording devices may be used for the making of the record.
33 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
34 cle and traffic law, as amended by section 6-d of chapter 222 of the
35 laws of 2015, are amended to read as follows:
36 a. Every hearing for the adjudication of a charge of parking violation
37 or an allegation of liability in accordance with section eleven hundred
38 eleven-e of this chapter or an allegation of liability in accordance
39 with section eleven hundred eleven-d of this chapter or an allegation of
40 liability in accordance with section eleven hundred eighty-d of this
41 chapter shall be held before a hearing examiner in accordance with rules
42 and regulations promulgated by the bureau.
43 g. A record shall be made of a hearing on a plea of not guilty or a
44 hearing at which liability in accordance with section eleven hundred
45 eleven-d of this chapter is contested or a hearing at which liability in
46 accordance with section eleven hundred eleven-e of this chapter or a
47 hearing at which liability in accordance with section eleven hundred
48 eighty-d of this chapter is contested. Recording devices may be used for
49 the making of the record.
50 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
51 cle and traffic law, as amended by section 6-e of chapter 222 of the
52 laws of 2015, are amended to read as follows:
53 a. Every hearing for the adjudication of a charge of parking violation
54 or an allegation of liability in accordance with section eleven hundred
55 eleven-e of this chapter or an allegation of liability in accordance
56 with section eleven hundred eighty-d of this chapter shall be held
A. 951 17
1 before a hearing examiner in accordance with rules and regulations
2 promulgated by the bureau.
3 g. A record shall be made of a hearing on a plea of not guilty or a
4 hearing at which liability in accordance with section eleven hundred
5 eleven-e of this chapter or a hearing at which liability in accordance
6 with section eleven hundred eighty-d of this chapter is contested.
7 Recording devices may be used for the making of the record.
8 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
9 cle and traffic law, as added by chapter 715 of the laws of 1972, are
10 amended to read as follows:
11 a. Every hearing for the adjudication of a charge of parking violation
12 or an allegation of liability in accordance with section eleven hundred
13 eighty-d of this chapter shall be held before a hearing examiner in
14 accordance with rules and regulations promulgated by the bureau.
15 g. A record shall be made of a hearing on a plea of not guilty or a
16 hearing at which liability in accordance with section eleven hundred
17 eighty-d of this chapter. Recording devices may be used for the making
18 of the record.
19 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
20 law, as amended by section 7 of chapter 222 of the laws of 2015, are
21 amended to read as follows:
22 1. The hearing examiner shall make a determination on the charges,
23 either sustaining or dismissing them. Where the hearing examiner deter-
24 mines that the charges have been sustained he or she may examine either
25 the prior parking violations record or the record of liabilities
26 incurred in accordance with section eleven hundred eleven-a of this
27 chapter or in accordance with sections eleven hundred eleven-b of this
28 chapter as added by sections sixteen of chapters twenty, twenty-one, and
29 twenty-two of the laws of two thousand nine or in accordance with
30 section eleven hundred eleven-d of this chapter or in accordance with
31 section eleven hundred eleven-e of this chapter or the record of liabil-
32 ities incurred in accordance with section two thousand nine hundred
33 eighty-five of the public authorities law or sections sixteen-a,
34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
35 laws of nineteen hundred fifty of the person charged, or the record of
36 liabilities incurred in accordance with section eleven hundred eleven-c
37 of this chapter, or the record of liabilities incurred in accordance
38 with section eleven hundred eighty-b of this chapter, or in the record
39 of liabilities incurred in accordance with section eleven hundred eight-
40 y-d of this chapter of the person charged, as applicable prior to
41 rendering a final determination. Final determinations sustaining or
42 dismissing charges shall be entered on a final determination roll main-
43 tained by the bureau together with records showing payment and nonpay-
44 ment 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-a of this chapter or in accordance
48 with sections eleven hundred eleven-b of this chapter as added by
49 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
50 laws of two thousand nine or in accordance with section eleven hundred
51 eleven-d of this chapter or in accordance with section eleven hundred
52 eleven-e of this chapter or fails to contest an allegation of liability
53 in accordance with section two thousand nine hundred eighty-five of the
54 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
55 chapter seven hundred seventy-four of the laws of nineteen hundred
56 fifty, or fails to contest an allegation of liability in accordance with
A. 951 18
1 section eleven hundred eleven-c of this chapter or fails to contest an
2 allegation of liability in accordance with section eleven hundred eight-
3 y-b of this chapter or fails to contest an allegation of liability in
4 accordance with section eleven hundred eighty-d of this chapter or fails
5 to appear on a designated hearing date or subsequent adjourned date or
6 fails after a hearing to comply with the determination of a hearing
7 examiner, as prescribed by this article or by rule or regulation of the
8 bureau, such failure to plead or contest, appear or comply shall be
9 deemed, for all purposes, an admission of liability and shall be grounds
10 for rendering and entering a default judgment in an amount provided by
11 the rules and regulations of the bureau. However, after the expiration
12 of the original date prescribed for entering a plea and before a default
13 judgment may be rendered, in such case the bureau shall pursuant to the
14 applicable provisions of law notify such operator or owner, by such form
15 of first class mail as the commission may direct; (1) of the violation
16 charged, or liability in accordance with section eleven hundred eleven-a
17 of this chapter or in accordance with sections eleven hundred eleven-b
18 of this chapter as added by sections sixteen of chapters twenty, twen-
19 ty-one, and twenty-two of the laws of two thousand nine or in accordance
20 with section eleven hundred eleven-d of this chapter or in accordance
21 with section eleven hundred eleven-e of this chapter alleged or liabil-
22 ity in accordance with section two thousand nine hundred eighty-five of
23 the public authorities law or sections sixteen-a, sixteen-b and
24 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
25 hundred fifty alleged or liability in accordance with section eleven
26 hundred eleven-c of this chapter or liability in accordance with section
27 eleven hundred eighty-b of this chapter alleged, or liability in accord-
28 ance with section eleven hundred eighty-d of this chapter alleged, (2)
29 of the impending default judgment, (3) that such judgment will be
30 entered in the Civil Court of the city in which the bureau has been
31 established, or other court of civil jurisdiction or any other place
32 provided for the entry of civil judgments within the state of New York,
33 and (4) that a default may be avoided by entering a plea or contesting
34 an allegation of liability in accordance with section eleven hundred
35 eleven-a of this chapter or in accordance with sections eleven hundred
36 eleven-b of this chapter as added by sections sixteen of chapters twen-
37 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
38 accordance with section eleven hundred eleven-d of this chapter or in
39 accordance with section eleven hundred eleven-e of this chapter or
40 contesting an allegation of liability in accordance with section two
41 thousand nine hundred eighty-five of the public authorities law or
42 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
43 seventy-four of the laws of nineteen hundred fifty or contesting an
44 allegation of liability in accordance with section eleven hundred
45 eleven-c of this chapter or contesting an allegation of liability in
46 accordance with section eleven hundred eighty-b of this chapter or
47 contesting an allegation of liability in accordance with section eleven
48 hundred eighty-d of this chapter, as appropriate, or making an appear-
49 ance within thirty days of the sending of such notice. Pleas entered and
50 allegations contested within that period shall be in the manner
51 prescribed in the notice and not subject to additional penalty or fee.
52 Such notice of impending default judgment shall not be required prior to
53 the rendering and entry thereof in the case of operators or owners who
54 are non-residents of the state of New York. In no case shall a default
55 judgment be rendered or, where required, a notice of impending default
56 judgment be sent, more than two years after the expiration of the time
A. 951 19
1 prescribed for entering a plea or contesting an allegation. When a
2 person has demanded a hearing, no fine or penalty shall be imposed for
3 any reason, prior to the holding of the hearing. If the hearing examiner
4 shall make a determination on the charges, sustaining them, he or she
5 shall impose no greater penalty or fine than those upon which the person
6 was originally charged.
7 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
8 law, as amended by section 7-a of chapter 222 of the laws of 2015, are
9 amended to read as follows:
10 1. The hearing examiner shall make a determination on the charges,
11 either sustaining or dismissing them. Where the hearing examiner deter-
12 mines that the charges have been sustained he or she may examine either
13 the prior parking violations record or the record of liabilities
14 incurred in accordance with sections eleven hundred eleven-b of this
15 chapter as added by sections sixteen of chapters twenty, twenty-one, and
16 twenty-two of the laws of two thousand nine or in accordance with
17 section eleven hundred eleven-d of this chapter or in accordance with
18 section eleven hundred eleven-e of this chapter of the person charged,
19 or the record of liabilities incurred in accordance with section eleven
20 hundred eleven-c of this chapter, or the record of liabilities incurred
21 in accordance with section eleven hundred eighty-b of this chapter, or
22 the record of liabilities incurred in accordance with section eleven
23 hundred eighty-d of this chapter of the person charged, as applicable
24 prior to rendering a final determination. Final determinations sustain-
25 ing or dismissing charges shall be entered on a final determination roll
26 maintained by the bureau together with records showing payment and
27 nonpayment of penalties.
28 2. Where an operator or owner fails to enter a plea to a charge of a
29 parking violation or contest an allegation of liability in accordance
30 with sections eleven hundred eleven-b of this chapter as added by
31 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
32 laws of two thousand nine or in accordance with section eleven hundred
33 eleven-d of this chapter, or in accordance with section eleven hundred
34 eleven-e of this chapter, or fails to contest an allegation of liability
35 in accordance with section eleven hundred eleven-c of this chapter, or
36 fails to contest an allegation of liability incurred in accordance with
37 section eleven hundred eighty-b of this chapter, or fails to contest an
38 allegation of liability incurred in accordance with section eleven
39 hundred eighty-d of this chapter, or fails to appear on a designated
40 hearing date or subsequent adjourned date or fails after a hearing to
41 comply with the determination of a hearing examiner, as prescribed by
42 this article or by rule or regulation of the bureau, such failure to
43 plead, contest, appear or comply shall be deemed, for all purposes, an
44 admission of liability and shall be grounds for rendering and entering a
45 default judgment in an amount provided by the rules and regulations of
46 the bureau. However, after the expiration of the original date
47 prescribed for entering a plea and before a default judgment may be
48 rendered, in such case the bureau shall pursuant to the applicable
49 provisions of law notify such operator or owner, by such form of first
50 class mail as the commission may direct; (1) of the violation charged,
51 or liability in accordance with sections eleven hundred eleven-b of this
52 chapter, as added by sections sixteen of chapters twenty, twenty-one,
53 and twenty-two of the laws of two thousand nine or in accordance with
54 section eleven hundred eleven-d of this chapter, or in accordance with
55 section eleven hundred eleven-e of this chapter, or liability in accord-
56 ance with section eleven hundred eleven-c of this chapter or liability
A. 951 20
1 in accordance with section eleven hundred eighty-b of this chapter
2 alleged, or liability in accordance with section eleven hundred eighty-d
3 of this chapter alleged, (2) of the impending default judgment, (3) that
4 such judgment will be entered in the Civil Court of the city in which
5 the bureau has been established, or other court of civil jurisdiction or
6 any other place provided for the entry of civil judgments within the
7 state of New York, and (4) that a default may be avoided by entering a
8 plea or contesting an allegation of liability in accordance with
9 sections eleven hundred eleven-b of this chapter as added by sections
10 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
11 two thousand nine or in accordance with section eleven hundred eleven-d
12 of this chapter or in accordance with section eleven hundred eleven-e of
13 this chapter, or contesting an allegation of liability in accordance
14 with section eleven hundred eleven-c of this chapter or contesting an
15 allegation of liability in accordance with section eleven hundred eight-
16 y-b of this chapter or contesting an allegation of liability in accord-
17 ance with section eleven hundred eighty-d of this chapter, as appropri-
18 ate, or making an appearance within thirty days of the sending of such
19 notice. Pleas entered and allegations contested within that period shall
20 be in the manner prescribed in the notice and not subject to additional
21 penalty or fee. Such notice of impending default judgment shall not be
22 required prior to the rendering and entry thereof in the case of opera-
23 tors or owners who are non-residents of the state of New York. In no
24 case shall a default judgment be rendered or, where required, a notice
25 of impending default judgment be sent, more than two years after the
26 expiration of the time prescribed for entering a plea or contesting an
27 allegation. When a person has demanded a hearing, no fine or penalty
28 shall be imposed for any reason, prior to the holding of the hearing. If
29 the hearing examiner shall make a determination on the charges, sustain-
30 ing them, he or she shall impose no greater penalty or fine than those
31 upon which the person was originally charged.
32 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
33 law, as amended by section 7-b of chapter 222 of the laws of 2015, are
34 amended to read as follows:
35 1. The hearing examiner shall make a determination on the charges,
36 either sustaining or dismissing them. Where the hearing examiner deter-
37 mines that the charges have been sustained he or she may examine the
38 prior parking violations record or the record of liabilities incurred in
39 accordance with section eleven hundred eleven-e of this chapter of the
40 person charged, or the record of liabilities incurred in accordance with
41 section eleven hundred eleven-d of this chapter of the person charged,
42 or the record of liabilities incurred in accordance with section eleven
43 hundred eleven-c of this chapter, or the record of liabilities incurred
44 in accordance with section eleven hundred eighty-b of this chapter, or
45 the record of liabilities incurred in accordance with section eleven
46 hundred eighty-d of this chapter of the person charged, as applicable,
47 prior to rendering a final determination. Final determinations sustain-
48 ing or dismissing charges shall be entered on a final determination roll
49 maintained by the bureau together with records showing payment and
50 nonpayment of penalties.
51 2. Where an operator or owner fails to enter a plea to a charge of a
52 parking violation or contest an allegation of liability in accordance
53 with section eleven hundred eleven-e of this chapter, or contest an
54 allegation of liability in accordance with section eleven hundred
55 eleven-d of this chapter, or fails to contest an allegation of liability
56 in accordance with section eleven hundred eleven-c of this chapter, or
A. 951 21
1 fails to contest an allegation of liability incurred in accordance with
2 section eleven hundred eighty-b of this chapter, or fails to contest an
3 allegation of liability incurred in accordance with section eleven
4 hundred eighty-d of this chapter, or fails to appear on a designated
5 hearing date or subsequent adjourned date or fails after a hearing to
6 comply with the determination of a hearing examiner, as prescribed by
7 this article or by rule or regulation of the bureau, such failure to
8 plead, appear or comply shall be deemed, for all purposes, an admission
9 of liability and shall be grounds for rendering and entering a default
10 judgment in an amount provided by the rules and regulations of the
11 bureau. However, after the expiration of the original date prescribed
12 for entering a plea and before a default judgment may be rendered, in
13 such case the bureau shall pursuant to the applicable provisions of law
14 notify such operator or owner, by such form of first class mail as the
15 commission may direct; (1) of the violation charged, or liability in
16 accordance with section eleven hundred eleven-e of this chapter, or
17 liability in accordance with section eleven hundred eleven-d of this
18 chapter, or alleged liability in accordance with section eleven hundred
19 eleven-c of this chapter or alleged liability in accordance with section
20 eleven hundred eighty-b of this chapter, or alleged liability in accord-
21 ance with section eleven hundred eighty-d of this chapter, (2) of the
22 impending default judgment, (3) that such judgment will be entered in
23 the Civil Court of the city in which the bureau has been established, or
24 other court of civil jurisdiction or any other place provided for the
25 entry of civil judgments within the state of New York, and (4) that a
26 default may be avoided by entering a plea or contesting an allegation of
27 liability in accordance with section eleven hundred eleven-e of this
28 chapter or contesting an allegation of liability in accordance with
29 section eleven hundred eleven-d of this chapter or contesting an allega-
30 tion of liability in accordance with section eleven hundred eleven-c of
31 this chapter or contesting an allegation of liability in accordance with
32 section eleven hundred eighty-b of this chapter or contesting an allega-
33 tion of liability in accordance with section eleven hundred eighty-d of
34 this chapter or making an appearance within thirty days of the sending
35 of such notice. Pleas entered within that period shall be in the manner
36 prescribed in the notice and not subject to additional penalty or fee.
37 Such notice of impending default judgment shall not be required prior to
38 the rendering and entry thereof in the case of operators or owners who
39 are non-residents of the state of New York. In no case shall a default
40 judgment be rendered or, where required, a notice of impending default
41 judgment be sent, more than two years after the expiration of the time
42 prescribed for entering a plea. When a person has demanded a hearing,
43 no fine or penalty shall be imposed for any reason, prior to the holding
44 of the hearing. If the hearing examiner shall make a determination on
45 the charges, sustaining them, he or she shall impose no greater penalty
46 or fine than those upon which the person was originally charged.
47 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
48 law, as amended by section 7-c of chapter 222 of the laws of 2015, are
49 amended to read as follows:
50 1. The hearing examiner shall make a determination on the charges,
51 either sustaining or dismissing them. Where the hearing examiner deter-
52 mines that the charges have been sustained he or she may examine either
53 the prior parking violations record or the record of liabilities
54 incurred in accordance with section eleven hundred eleven-d of this
55 chapter of the person charged, or the record of liabilities incurred in
56 accordance with section eleven hundred eleven-e of this chapter of the
A. 951 22
1 person charged or the record of liabilities incurred in accordance with
2 section eleven hundred eighty-b of this chapter, or the record of
3 liabilities incurred in accordance with section eleven hundred eighty-d
4 of this chapter of the person charged, as applicable, prior to rendering
5 a final determination. Final determinations sustaining or dismissing
6 charges shall be entered on a final determination roll maintained by the
7 bureau together with records showing payment and nonpayment of penal-
8 ties.
9 2. Where an operator or owner fails to enter a plea to a charge of a
10 parking violation or contest an allegation of liability in accordance
11 with section eleven hundred eleven-e of this chapter or contest an alle-
12 gation of liability in accordance with section eleven hundred eleven-d
13 of this chapter or fails to contest an allegation of liability incurred
14 in accordance with section eleven hundred eighty-b of this chapter or
15 fails to contest an allegation of liability incurred in accordance with
16 section eleven hundred eighty-d of this chapter or fails to appear on a
17 designated hearing date or subsequent adjourned date or fails after a
18 hearing to comply with the determination of a hearing examiner, as
19 prescribed by this article or by rule or regulation of the bureau, such
20 failure to plead, appear or comply shall be deemed, for all purposes, an
21 admission of liability and shall be grounds for rendering and entering a
22 default judgment in an amount provided by the rules and regulations of
23 the bureau. However, after the expiration of the original date
24 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 or liability in accordance with section eleven hundred eleven-d
30 of this chapter or liability in accordance with section eleven hundred
31 eighty-b of this chapter alleged, or liability in accordance with
32 section eleven hundred eighty-d of this chapter alleged, (2) of the
33 impending default judgment, (3) that such judgment will be entered in
34 the Civil Court of the city in which the bureau has been established, or
35 other court of civil jurisdiction or any other place provided for the
36 entry of civil judgments within the state of New York, and (4) that a
37 default may be avoided by entering a plea or contesting an allegation of
38 liability in accordance with section eleven hundred eleven-e of this
39 chapter or contesting an allegation of liability in accordance with
40 section eleven hundred eleven-d of this chapter or contesting an allega-
41 tion of liability in accordance with section eleven hundred eighty-b of
42 this chapter or contesting an allegation of liability in accordance with
43 section eleven hundred eighty-d of this chapter or making an appearance
44 within thirty days of the sending of such notice. Pleas entered within
45 that period shall be in the manner prescribed in the notice and not
46 subject to additional penalty or fee. Such notice of impending default
47 judgment shall not be required prior to the rendering and entry thereof
48 in the case of operators or owners who are non-residents of the state of
49 New York. In no case shall a default judgment be rendered or, where
50 required, a notice of impending default judgment be sent, more than two
51 years after the expiration of the time prescribed for entering a plea.
52 When a person has demanded a hearing, no fine or penalty shall be
53 imposed for any reason, prior to the holding of the hearing. If the
54 hearing examiner shall make a determination on the charges, sustaining
55 them, he shall impose no greater penalty or fine than those upon which
56 the person was originally charged.
A. 951 23
1 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 7-d 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 section eleven hundred eleven-e of this
9 chapter of the person charged or the record of liabilities incurred in
10 accordance with section eleven hundred eleven-d of this chapter of the
11 person charged or the record of liabilities incurred in accordance with
12 section eleven hundred eighty-d of this chapter of the person charged,
13 as applicable, prior to rendering a final determination. Final determi-
14 nations sustaining or dismissing charges shall be entered on a final
15 determination roll maintained by the bureau together with records show-
16 ing payment and nonpayment of penalties.
17 2. Where an operator or owner fails to enter a plea to a charge of a
18 parking violation or contest an allegation of liability in accordance
19 with section eleven hundred eleven-e of this chapter or contest an alle-
20 gation of liability in accordance with section eleven hundred eleven-d
21 of this chapter or contest an allegation of liability incurred in
22 accordance with section eleven hundred eighty-d of this chapter or fails
23 to appear on a designated hearing date or subsequent adjourned date or
24 fails after a hearing to comply with the determination of a hearing
25 examiner, as prescribed by this article or by rule or regulation of the
26 bureau, such failure to plead, appear or comply shall be deemed, for all
27 purposes, an admission of liability and shall be grounds for rendering
28 and entering a default judgment in an amount provided by the rules and
29 regulations of the bureau. However, after the expiration of the original
30 date prescribed for entering a plea and before a default judgment may be
31 rendered, in such case the bureau shall pursuant to the applicable
32 provisions of law notify such operator or owner, by such form of first
33 class mail as the commission may direct; (1) of the violation charged or
34 liability in accordance with section eleven hundred eleven-e of this
35 chapter alleged or liability in accordance with section eleven hundred
36 eleven-d of this chapter alleged or liability in accordance with section
37 eleven hundred eighty-d of this chapter alleged, (2) of the impending
38 default judgment, (3) that such judgment will be entered in the Civil
39 Court of the city in which the bureau has been established, or other
40 court of civil jurisdiction or any other place provided for the entry of
41 civil judgments within the state of New York, and (4) that a default may
42 be avoided by entering a plea or contesting an allegation of liability
43 in accordance with section eleven hundred eleven-e of this chapter or
44 contesting an allegation of liability in accordance with section eleven
45 hundred eleven-d of this chapter or contesting an allegation of liabil-
46 ity in accordance with section eleven hundred eighty-d of this chapter
47 or making an appearance within thirty days of the sending of such
48 notice. Pleas entered within that period shall be in the manner
49 prescribed in the notice and not subject to additional penalty or fee.
50 Such notice of impending default judgment shall not be required prior to
51 the rendering and entry thereof in the case of operators or owners who
52 are non-residents of the state of New York. In no case shall a default
53 judgment be rendered or, where required, a notice of impending default
54 judgment be sent, more than two years after the expiration of the time
55 prescribed for entering a plea. When a person has demanded a hearing, no
56 fine or penalty shall be imposed for any reason, prior to the holding of
A. 951 24
1 the hearing. If the hearing examiner shall make a determination on the
2 charges, sustaining them, he shall impose no greater penalty or fine
3 than those upon which the person was originally charged.
4 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
5 law, as amended by section 7-e of chapter 222 of the laws of 2015, are
6 amended to read as follows:
7 1. The hearing examiner shall make a determination on the charges,
8 either sustaining or dismissing them. Where the hearing examiner deter-
9 mines that the charges have been sustained he or she may examine the
10 prior parking violations record or the record of liabilities incurred in
11 accordance with section eleven hundred eleven-e of this chapter of the
12 person charged or the record of liabilities incurred in accordance with
13 section eleven hundred eighty-d of this chapter of the person charged,
14 as applicable, prior to rendering a final determination. Final determi-
15 nations sustaining or dismissing charges shall be entered on a final
16 determination roll maintained by the bureau together with records show-
17 ing payment and nonpayment of penalties.
18 2. Where an operator or owner fails to enter a plea to a charge of a
19 parking violation or contest an allegation of liability in accordance
20 with section eleven hundred eleven-e of this chapter or contest an alle-
21 gation of liability incurred in accordance with section eleven hundred
22 eighty-d of this chapter or fails to appear on a designated hearing date
23 or subsequent adjourned date or fails after a hearing to comply with the
24 determination of a hearing examiner, as prescribed by this article or by
25 rule or regulation of the bureau, such failure to plead, appear or
26 comply shall be deemed, for all purposes, an admission of liability and
27 shall be grounds for rendering and entering a default judgment in an
28 amount provided by the rules and regulations of the bureau. However,
29 after the expiration of the original date prescribed for entering a plea
30 and before a default judgment may be rendered, in such case the bureau
31 shall pursuant to the applicable provisions of law notify such operator
32 or owner, by such form of first class mail as the commission may direct;
33 (1) of the violation charged or liability in accordance with section
34 eleven hundred eleven-e of this chapter alleged or liability in accord-
35 ance with section eleven hundred eighty-d of this chapter alleged, (2)
36 of the impending default judgment, (3) that such judgment will be
37 entered in the Civil Court of the city in which the bureau has been
38 established, or other court of civil jurisdiction or any other place
39 provided for the entry of civil judgments within the state of New York,
40 and (4) that a default may be avoided by entering a plea or contesting
41 an allegation of liability in accordance with section eleven hundred
42 eleven-e of this chapter or contesting an allegation of liability in
43 accordance with section eleven hundred eighty-d of this chapter or
44 making an appearance within thirty days of the sending of such notice.
45 Pleas entered within that period shall be in the manner prescribed in
46 the notice and not subject to additional penalty or fee. Such notice of
47 impending default judgment shall not be required prior to the rendering
48 and entry thereof in the case of operators or owners who are non-resi-
49 dents of the state of New York. In no case shall a default judgment be
50 rendered or, where required, a notice of impending default judgment be
51 sent, more than two years after the expiration of the time prescribed
52 for entering a plea. When a person has demanded a hearing, no fine or
53 penalty shall be imposed for any reason, prior to the holding of the
54 hearing. If the hearing examiner shall make a determination on the
55 charges, sustaining them, he shall impose no greater penalty or fine
56 than those upon which the person was originally charged.
A. 951 25
1 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, subdivision 1 as added by chapter 715 of the laws of 1972, and
3 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
4 to read as follows:
5 1. The hearing examiner shall make a determination on the charges,
6 either sustaining or dismissing them. Where the hearing examiner deter-
7 mines that the charges have been sustained he may examine the prior
8 parking violations record or the record of liabilities incurred in
9 accordance with section eleven hundred eighty-d of this chapter of the
10 person charged, as applicable, prior to rendering a final determination.
11 Final determinations sustaining or dismissing charges shall be entered
12 on a final determination roll maintained by the bureau together with
13 records showing payment and nonpayment of penalties.
14 2. Where an operator or owner fails to enter a plea to a charge of a
15 parking violation 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 eighty-d of this
29 chapter alleged, (2) of the impending default judgment, (3) that such
30 judgment will be entered in the Civil Court of the city in which the
31 bureau has been established, or other court of civil jurisdiction or any
32 other place provided for the entry of civil judgments within the state
33 of New York, and (4) that a default may be avoided by entering a plea or
34 contesting an allegation of liability in accordance with section eleven
35 hundred eighty-d of this chapter or making an appearance within thirty
36 days of the sending of such notice. Pleas entered within that period
37 shall be in the manner prescribed in the notice and not subject to addi-
38 tional penalty or fee. Such notice of impending default judgment shall
39 not be required prior to the rendering and entry thereof in the case of
40 operators or owners who are non-residents of the state of New York. In
41 no case shall a default judgment be rendered or, where required, a
42 notice of impending default judgment be sent, more than two years after
43 the expiration of the time prescribed for entering a plea. When a person
44 has demanded a hearing, no fine or penalty shall be imposed for any
45 reason, prior to the holding of the hearing. If the hearing examiner
46 shall make a determination on the charges, sustaining them, he shall
47 impose no greater penalty or fine than those upon which the person was
48 originally charged.
49 § 8. The vehicle and traffic law is amended by adding a new section
50 1180-d to read as follows:
51 § 1180-d. Owner liability for failure of operator to comply with
52 certain posted maximum speed limits. (a) 1. Notwithstanding any other
53 provision of law, the city of Buffalo is hereby authorized to establish
54 a demonstration program imposing monetary liability on the owner of a
55 vehicle for failure of an operator thereof to comply with posted maximum
56 speed limits in a school speed zone within the city (i) when a school
A. 951 26
1 speed limit is in effect as provided in paragraphs one and two of subdi-
2 vision (c) of section eleven hundred eighty of this article or (ii) when
3 other speed limits are in effect as provided in subdivision (b), (d),
4 (f) or (g) of section eleven hundred eighty of this article during the
5 following times: (A) on school days during school hours and one hour
6 before and one hour after the school day, and (B) a period during
7 student activities at the school and up to thirty minutes immediately
8 before and up to thirty minutes immediately after such student activ-
9 ities. Such demonstration program shall empower the city to install
10 photo speed violation monitoring systems within no more than twenty
11 school speed zones within the city at any one time and to operate such
12 systems within such zones (iii) when a school speed limit is in effect
13 as provided in paragraphs one and two of subdivision (c) of section
14 eleven hundred eighty of this article or (iv) when other speed limits
15 are in effect as provided in subdivision (b), (d), (f) or (g) of section
16 eleven hundred eighty of this article during the following times: (A) on
17 school days during school hours and one hour before and one hour after
18 the school day, and (B) a period during student activities at the school
19 and up to thirty minutes immediately before and up to thirty minutes
20 immediately after such student activities. In selecting a school speed
21 zone in which to install and operate a photo speed violation monitoring
22 system, the city shall consider criteria including, but not limited to
23 the speed data, crash history, and the roadway geometry applicable to
24 such school speed zone.
25 2. No photo speed violation monitoring system shall be used in a
26 school speed zone unless (i) on the day it is to be used it has success-
27 fully passed a self-test of its functions; and (ii) it has undergone an
28 annual calibration check performed pursuant to paragraph four of this
29 subdivision. The city shall install signs giving notice that a photo
30 speed violation monitoring system is in use to be mounted on advance
31 warning signs notifying motor vehicle operators of such upcoming school
32 speed zone and/or on speed limit signs applicable within such school
33 speed zone, in conformance with standards established in the MUTCD.
34 3. Operators of photo speed violation monitoring systems shall have
35 completed training in the procedures for setting up, testing, and oper-
36 ating such systems. Each such operator shall complete and sign a daily
37 set-up log for each such system that he or she operates that (i) states
38 the date and time when, and the location where, the system was set up
39 that day, and (ii) states that such operator successfully performed, and
40 the system passed, the self-tests of such system before producing a
41 recorded image that day. The city shall retain each such daily log
42 until the later of the date on which the photo speed violation monitor-
43 ing system to which it applies has been permanently removed from use or
44 the final resolution of all cases involving notices of liability issued
45 based on photographs, microphotographs, video or other recorded images
46 produced by such system.
47 4. Each photo speed violation monitoring system shall undergo an annu-
48 al calibration check performed by an independent calibration laboratory
49 which shall issue a signed certificate of calibration. The city shall
50 keep each such annual certificate of calibration on file until the final
51 resolution of all cases involving a notice of liability issued during
52 such year which were based on photographs, microphotographs, videotape
53 or other recorded images produced by such photo speed violation monitor-
54 ing system.
55 5. (i) Such demonstration program shall utilize necessary technologies
56 to ensure, to the extent practicable, that photographs, microphoto-
A. 951 27
1 graphs, videotape or other recorded images produced by such photo speed
2 violation monitoring systems shall not include images that identify the
3 driver, the passengers, or the contents of the vehicle. Provided, howev-
4 er, that no notice of liability issued pursuant to this section shall be
5 dismissed solely because such a photograph, microphotograph, videotape
6 or other recorded image allows for the identification of the driver, the
7 passengers, or the contents of vehicles where the city shows that it
8 made reasonable efforts to comply with the provisions of this paragraph
9 in such case.
10 (ii) Photographs, microphotographs, videotape or any other recorded
11 image from a photo speed violation monitoring system shall be for the
12 exclusive use of the city for the purpose of the adjudication of liabil-
13 ity imposed pursuant to this section and of the owner receiving a notice
14 of liability pursuant to this section, and shall be destroyed by the
15 city upon the final resolution of the notice of liability to which such
16 photographs, microphotographs, videotape or other recorded images
17 relate, or one year following the date of issuance of such notice of
18 liability, whichever is later. Notwithstanding the provisions of any
19 other law, rule or regulation to the contrary, photographs, microphoto-
20 graphs, videotape or any other recorded image from a photo speed
21 violation monitoring system shall not be open to the public, nor subject
22 to civil or criminal process or discovery, nor used by any court or
23 administrative or adjudicatory body in any action or proceeding therein
24 except that which is necessary for the adjudication of a notice of
25 liability issued pursuant to this section, and no public entity or
26 employee, officer or agent thereof shall disclose such information,
27 except that such photographs, microphotographs, videotape or any other
28 recorded images from such systems:
29 (A) shall be available for inspection and copying and use by the motor
30 vehicle owner and operator for so long as such photographs, microphoto-
31 graphs, videotape or other recorded images are required to be maintained
32 or are maintained by such public entity, employee, officer or agent; and
33 (B) (1) shall be furnished when described in a search warrant issued
34 by a court authorized to issue such a search warrant pursuant to article
35 six hundred ninety of the criminal procedure law or a federal court
36 authorized to issue such a search warrant under federal law, where such
37 search warrant states that there is reasonable cause to believe such
38 information constitutes evidence of, or tends to demonstrate that, a
39 misdemeanor or felony offense was committed in this state or another
40 state, or that a particular person participated in the commission of a
41 misdemeanor or felony offense in this state or another state, provided,
42 however, that if such offense was against the laws of another state, the
43 court shall only issue a warrant if the conduct comprising such offense
44 would, if occurring in this state, constitute a misdemeanor or felony
45 against the laws of this state; and
46 (2) shall be furnished in response to a subpoena duces tecum signed by
47 a judge of competent jurisdiction and issued pursuant to article six
48 hundred ten of the criminal procedure law or a judge or magistrate of a
49 federal court authorized to issue such a subpoena duces tecum under
50 federal law, where the judge finds and the subpoena states that there is
51 reasonable cause to believe such information is relevant and material to
52 the prosecution, or the defense, or the investigation by an authorized
53 law enforcement official, of the alleged commission of a misdemeanor or
54 felony in this state or another state, provided, however, that if such
55 offense was against the laws of another state, such judge or magistrate
56 shall only issue such subpoena if the conduct comprising such offense
A. 951 28
1 would, if occurring in this state, constitute a misdemeanor or felony in
2 this state; and
3 (3) may, if lawfully obtained pursuant to this clause and clause (A)
4 of this subparagraph and otherwise admissible, be used in such criminal
5 action or proceeding.
6 (b) If the city of Buffalo establishes a demonstration program pursu-
7 ant to subdivision (a) of this section, the owner of a vehicle shall be
8 liable for a penalty imposed pursuant to this section if such vehicle
9 was used or operated with the permission of the owner, express or
10 implied, within a school speed zone in violation of subdivision (c) or
11 during the times authorized pursuant to subdivision (a) of this section
12 in violation of subdivision (b), (d), (f) or (g) of section eleven
13 hundred eighty of this article, such vehicle was traveling at a speed of
14 more than ten miles per hour above the posted speed limit in effect
15 within such school speed zone, and such violation is evidenced by infor-
16 mation obtained from a photo speed violation monitoring system; provided
17 however that no owner of a vehicle shall be liable for a penalty imposed
18 pursuant to this section where the operator of such vehicle has been
19 convicted of the underlying violation of subdivision (b), (c), (d), (f)
20 or (g) of section eleven hundred eighty of this article.
21 (c) For purposes of this section, the following terms shall have the
22 following meanings:
23 1. "manual on uniform traffic control devices" or "MUTCD" shall mean
24 the manual and specifications for a uniform system of traffic control
25 devices maintained by the commissioner of transportation pursuant to
26 section sixteen hundred eighty of this chapter;
27 2. "owner" shall have the meaning provided in article two-B of this
28 chapter;
29 3. "photo speed violation monitoring system" shall mean a vehicle
30 sensor installed to work in conjunction with a speed measuring device
31 which automatically produces two or more photographs, two or more micro-
32 photographs, a videotape or other recorded images of each vehicle at the
33 time it is used or operated in a school speed zone in violation of
34 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
35 of this article in accordance with the provisions of this section; and
36 4. "school speed zone" shall mean a distance not to exceed one thou-
37 sand three hundred twenty feet on a highway passing a school building,
38 entrance or exit of a school abutting on the highway.
39 (d) A certificate, sworn to or affirmed by a technician employed by
40 the city of Buffalo, or a facsimile thereof, based upon inspection of
41 photographs, microphotographs, videotape or other recorded images
42 produced by a photo speed violation monitoring system, shall be prima
43 facie evidence of the facts contained therein. Any photographs, micro-
44 photographs, videotape or other recorded images evidencing such a
45 violation shall include at least two date and time stamped images of the
46 rear of the motor vehicle that include the same stationary object near
47 the motor vehicle and shall be available for inspection reasonably in
48 advance of and at any proceeding to adjudicate the liability for such
49 violation pursuant to this section.
50 (e) An owner liable for a violation of subdivision (b), (c), (d), (f)
51 or (g) of section eleven hundred eighty of this article pursuant to a
52 demonstration program established pursuant to this section shall be
53 liable for monetary penalties in accordance with a schedule of fines and
54 penalties to be promulgated by the parking violations bureau of the city
55 of Buffalo. The liability of the owner pursuant to this section shall
56 not exceed fifty dollars for each violation; provided, however, that
A. 951 29
1 such parking violations bureau may provide for an additional penalty not
2 in excess of twenty-five dollars for each violation for the failure to
3 respond to a notice of liability within the prescribed time period.
4 (f) An imposition of liability under the demonstration program estab-
5 lished pursuant to this section shall not be deemed a conviction as an
6 operator and shall not be made part of the operating record of the
7 person upon whom such liability is imposed nor shall it be used for
8 insurance purposes in the provision of motor vehicle insurance coverage.
9 (g) 1. A notice of liability shall be sent by first class mail to each
10 person alleged to be liable as an owner for a violation of subdivision
11 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
12 cle pursuant to this section, within fourteen business days if such
13 owner is a resident of this state and within forty-five business days if
14 such owner is a non-resident. Personal delivery on the owner shall not
15 be required. A manual or automatic record of mailing prepared in the
16 ordinary course of business shall be prima facie evidence of the facts
17 contained therein.
18 2. A notice of liability shall contain the name and address of the
19 person alleged to be liable as an owner for a violation of subdivision
20 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
21 cle pursuant to this section, the registration number of the vehicle
22 involved in such violation, the location where such violation took
23 place, the date and time of such violation, the identification number of
24 the camera which recorded the violation or other document locator
25 number, at least two date and time stamped images of the rear of the
26 motor vehicle that include the same stationary object near the motor
27 vehicle, and the certificate charging the liability.
28 3. The notice of liability shall contain information advising the
29 person charged of the manner and the time in which he or she may contest
30 the liability alleged in the notice. Such notice of liability shall also
31 contain a prominent warning to advise the person charged that failure to
32 contest in the manner and time provided shall be deemed an admission of
33 liability and that a default judgment may be entered thereon.
34 4. The notice of liability shall be prepared and mailed by the city of
35 Buffalo, or by any other entity authorized by the city to prepare and
36 mail such notice of liability.
37 (h) Adjudication of the liability imposed upon owners of this section
38 shall be by the city of Buffalo parking violations bureau.
39 (i) If an owner receives a notice of liability pursuant to this
40 section for any time period during which the vehicle or the number plate
41 or plates of such vehicle was reported to the police department as
42 having been stolen, it shall be a valid defense to an allegation of
43 liability for a violation of subdivision (b), (c), (d), (f) or (g) of
44 section eleven hundred eighty of this article pursuant to this section
45 that the vehicle or the number plate or plates of such vehicle had been
46 reported to the police as stolen prior to the time the violation
47 occurred and had not been recovered by such time. For purposes of
48 asserting the defense provided by this subdivision, it shall be suffi-
49 cient that a certified copy of the police report on the stolen vehicle
50 or number plate or plates of such vehicle be sent by first class mail to
51 the city of Buffalo parking violations bureau or by any other entity
52 authorized by the city to prepare and mail such notice of liability.
53 (j) Adjudication of the liability imposed upon owners of this section
54 shall be by the city of Buffalo parking violations bureau.
55 (k) 1. An owner who is a lessor of a vehicle to which a notice of
56 liability was issued pursuant to subdivision (g) of this section shall
A. 951 30
1 not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
2 of section eleven hundred eighty of this article pursuant to this
3 section, provided that:
4 (i) prior to the violation, the lessor has filed with such parking
5 violations bureau in accordance with the provisions of section two
6 hundred thirty-nine of this chapter; and
7 (ii) within thirty-seven days after receiving notice from such divi-
8 sion of the date and time of a liability, together with the other infor-
9 mation contained in the original notice of liability, the lessor submits
10 to such division the correct name and address of the lessee of the vehi-
11 cle identified in the notice of liability at the time of such violation,
12 together with such other additional information contained in the rental,
13 lease or other contract document, as may be reasonably required by such
14 division pursuant to regulations that may be promulgated for such
15 purpose.
16 2. Failure to comply with subparagraph (ii) of paragraph one of this
17 subdivision shall render the owner liable for the penalty prescribed in
18 this section.
19 3. Where the lessor complies with the provisions of paragraph one of
20 this subdivision, the lessee of such vehicle on the date of such
21 violation shall be deemed to be the owner of such vehicle for purposes
22 of this section, shall be subject to liability for such violation pursu-
23 ant to this section and shall be sent a notice of liability pursuant to
24 subdivision (i) of this section.
25 (l) 1. If the owner liable for a violation of subdivision (c) or (d)
26 of section eleven hundred eighty of this article pursuant to this
27 section was not the operator of the vehicle at the time of the
28 violation, the owner may maintain an action for indemnification against
29 the operator.
30 2. Notwithstanding any other provision of this section, no owner of a
31 vehicle shall be subject to a monetary fine imposed pursuant to this
32 section if the operator of such vehicle was operating such vehicle with-
33 out the consent of the owner at the time such operator operated such
34 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
35 eleven hundred eighty of this article. For purposes of this subdivision
36 there shall be a presumption that the operator of such vehicle was oper-
37 ating such vehicle with the consent of the owner at the time of such
38 operator operated such vehicle in violation of subdivision (b), (c),
39 (d), (f) or (g) of section eleven hundred eighty of this article.
40 (m) Nothing in this section shall be construed to limit the liability
41 of an operator of a vehicle for any violation of subdivision (c) or (d)
42 of section eleven hundred eighty of this article.
43 (n) If the city adopts a demonstration program pursuant to subdivision
44 (a) of this section it shall conduct a study and submit a report on the
45 results of the use of photo devices to the governor, the temporary pres-
46 ident of the senate and the speaker of the assembly. Such report shall
47 include:
48 1. the locations where and dates when photo speed violation monitoring
49 systems were used;
50 2. the aggregate number, type and severity of crashes, fatalities,
51 injuries and property damage reported within all school speed zones
52 within the city, to the extent the information is maintained by the
53 department of motor vehicles of this state;
54 3. the aggregate number, type and severity of crashes, fatalities,
55 injuries and property damage reported within school speed zones where
56 photo speed violation monitoring systems were used, to the extent the
A. 951 31
1 information is maintained by the department of motor vehicles of this
2 state;
3 4. the number of violations recorded within all school speed zones
4 within the city, in the aggregate on a daily, weekly and monthly basis;
5 5. the number of violations recorded within each school speed zone
6 where a photo speed violation monitoring system is used, in the aggre-
7 gate on a daily, weekly and monthly basis;
8 6. the number of violations recorded within all school speed zones
9 within the city that were:
10 (i) more than ten but not more than twenty miles per hour over the
11 posted speed limit;
12 (ii) more than twenty but not more than thirty miles per hour over the
13 posted speed limit;
14 (iii) more than thirty but not more than forty miles per hour over the
15 posted speed limit; and
16 (iv) more than forty miles per hour over the posted speed limit;
17 7. the number of violations recorded within each school speed zone
18 where a photo speed violation monitoring system is used that were:
19 (i) more than ten but not more than twenty miles per hour over the
20 posted speed limit;
21 (ii) more than twenty but not more than thirty miles per hour over the
22 posted speed limit;
23 (iii) more than thirty but not more than forty miles per hour over the
24 posted speed limit; and
25 (iv) more than forty miles per hour over the posted speed limit;
26 8. the total number of notices of liability issued for violations
27 recorded by such systems;
28 9. the number of fines and total amount of fines paid after the first
29 notice of liability issued for violations recorded by such systems;
30 10. the number of violations adjudicated and the results of such adju-
31 dications including breakdowns of dispositions made for violations
32 recorded by such systems;
33 11. the total amount of revenue realized by the city in connection
34 with the program;
35 12. the expenses incurred by the city in connection with the program;
36 and
37 13. the quality of the adjudication process and its results.
38 (o) It shall be a defense to any prosecution for a violation of subdi-
39 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
40 this article pursuant to this section that such photo speed violation
41 monitoring system was malfunctioning at the time of the alleged
42 violation.
43 § 9. The opening paragraph and paragraph (c) of subdivision 1 of
44 section 1809 of the vehicle and traffic law, as amended by section 10 of
45 chapter 222 of the laws of 2015, are amended to read as follows:
46 Whenever proceedings in an administrative tribunal or a court of this
47 state result in a conviction for an offense under this chapter or a
48 traffic infraction under this chapter, or a local law, ordinance, rule
49 or regulation adopted pursuant to this chapter, other than a traffic
50 infraction involving standing, stopping, or parking or violations by
51 pedestrians or bicyclists, or other than an adjudication of liability of
52 an owner for a violation of subdivision (d) of section eleven hundred
53 eleven of this chapter in accordance with section eleven hundred
54 eleven-a of this chapter, or other than an adjudication of liability of
55 an owner for a violation of subdivision (d) of section eleven hundred
56 eleven of this chapter in accordance with section eleven hundred
A. 951 32
1 eleven-b of this chapter, or other than an adjudication in accordance
2 with section eleven hundred eleven-c of this chapter for a violation of
3 a bus lane restriction as defined in such section, or other than an
4 adjudication of liability of an owner for a violation of subdivision (d)
5 of section eleven hundred eleven of this chapter in accordance with
6 section eleven hundred eleven-d of this chapter, or other than an adju-
7 dication of liability of an owner for a violation of subdivision (b),
8 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
9 accordance with section eleven hundred eighty-b of this chapter, or
10 other than an adjudication of liability of an owner for a violation of
11 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
12 of this chapter in accordance with section eleven hundred eighty-c of
13 this chapter, or other than an adjudication of liability of an owner for
14 a violation of subdivision (d) of section eleven hundred eleven of this
15 chapter in accordance with section eleven hundred eleven-e of this chap-
16 ter, or other than an adjudication of liability of an owner for a
17 violation 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, there shall be levied a crime victim assist-
20 ance fee and a mandatory surcharge, in addition to any sentence required
21 or permitted by law, in accordance with the following schedule:
22 (c) Whenever proceedings in an administrative tribunal or a court of
23 this state result in a conviction for an offense under this chapter
24 other than a crime pursuant to section eleven hundred ninety-two of this
25 chapter, or a traffic infraction under this chapter, or a local law,
26 ordinance, rule or regulation adopted pursuant to this chapter, other
27 than a traffic infraction involving standing, stopping, or parking or
28 violations by pedestrians or bicyclists, or other than an adjudication
29 of liability of an owner for a violation of subdivision (d) of section
30 eleven hundred eleven of this chapter in accordance with section eleven
31 hundred eleven-a of this chapter, or other than an adjudication of
32 liability of an owner for a violation of subdivision (d) of section
33 eleven hundred eleven of this chapter in accordance with section eleven
34 hundred eleven-b of this chapter, or other than an adjudication of
35 liability of an owner for a violation of subdivision (d) of section
36 eleven hundred eleven of this chapter in accordance with section eleven
37 hundred eleven-d of this chapter, or other than an infraction pursuant
38 to article nine of this chapter or other than an adjudication of liabil-
39 ity of an owner for a violation of toll collection regulations pursuant
40 to section two thousand nine hundred eighty-five of the public authori-
41 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
42 hundred seventy-four of the laws of nineteen hundred fifty or other than
43 an adjudication in accordance with section eleven hundred eleven-c of
44 this chapter for a violation of a bus lane restriction as defined in
45 such section, or other than an adjudication of liability of an owner for
46 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
47 hundred eighty of this chapter in accordance with section eleven hundred
48 eighty-b of this chapter, or other than an adjudication of liability of
49 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
50 section eleven hundred eighty of this chapter in accordance with section
51 eleven hundred eighty-c of this chapter, or other than an adjudication
52 of liability of an owner for a violation of subdivision (d) of section
53 eleven hundred eleven of this chapter in accordance with section eleven
54 hundred eleven-e of this chapter, or other than an adjudication of
55 liability of an owner for a violation of subdivision (b), (c), (d), (f)
56 or (g) of section eleven hundred eighty of this chapter in accordance
A. 951 33
1 with section eleven hundred eighty-d of this chapter, there shall be
2 levied a crime victim assistance fee in the amount of five dollars and a
3 mandatory surcharge, in addition to any sentence required or permitted
4 by law, in the amount of fifty-five dollars.
5 § 9-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
6 as amended by section 10-a of chapter 222 of the laws of 2015, is
7 amended to read as follows:
8 1. Whenever proceedings in an administrative tribunal or a court of
9 this state result in a conviction for a crime under this chapter or a
10 traffic infraction under this chapter, or a local law, ordinance, rule
11 or regulation adopted pursuant to this chapter, other than a traffic
12 infraction involving standing, stopping, parking or motor vehicle equip-
13 ment or violations by pedestrians or bicyclists, or other than an adju-
14 dication of liability of an owner for a violation of subdivision (d) of
15 section eleven hundred eleven of this chapter in accordance with section
16 eleven hundred eleven-a of this chapter, or other than an adjudication
17 of liability of an owner for a violation of subdivision (d) of section
18 eleven hundred eleven of this chapter in accordance with section eleven
19 hundred eleven-b of this chapter, or other than an adjudication in
20 accordance with section eleven hundred eleven-c of this chapter for a
21 violation of a bus lane restriction as defined in such section, or other
22 than an adjudication of liability of an owner for a violation of subdi-
23 vision (d) of section eleven hundred eleven of this chapter in accord-
24 ance with section eleven hundred eleven-d of this chapter, or other than
25 an adjudication of liability of an owner for a violation of subdivision
26 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
27 ter in accordance with section eleven hundred eighty-b of this chapter,
28 or other than an adjudication of liability of an owner for a violation
29 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
30 eighty of this chapter in accordance with section eleven hundred eight-
31 y-c of this chapter, or other than an adjudication of liability of an
32 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
33 section eleven hundred eighty of this chapter in accordance with section
34 eleven hundred eighty-d of this chapter, or other than an adjudication
35 of liability of an owner for a violation of subdivision (d) of section
36 eleven hundred eleven of this chapter in accordance with section eleven
37 hundred eleven-e of this chapter, there shall be levied a mandatory
38 surcharge, in addition to any sentence required or permitted by law, in
39 the amount of twenty-five dollars.
40 § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
41 as amended by section 10-b of chapter 222 of the laws of 2015, is
42 amended to read as follows:
43 1. Whenever proceedings in an administrative tribunal or a court of
44 this state result in a conviction for a crime under this chapter or a
45 traffic infraction under this chapter other than a traffic infraction
46 involving standing, stopping, parking or motor vehicle equipment or
47 violations by pedestrians or bicyclists, or other than an adjudication
48 in accordance with section eleven hundred eleven-c of this chapter for a
49 violation of a bus lane restriction as defined in such section, or other
50 than an adjudication of liability of an owner for a violation of subdi-
51 vision (d) of section eleven hundred eleven of this chapter in accord-
52 ance with section eleven hundred eleven-d of this chapter, or other than
53 an 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-b of this chapter,
56 or other than an adjudication of liability of an owner for a violation
A. 951 34
1 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
2 eighty of this chapter in accordance with section eleven hundred eight-
3 y-c of this chapter, or other than an adjudication of liability of an
4 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
5 section eleven hundred eighty of this chapter in accordance with section
6 eleven hundred eighty-d of this chapter, or other than an adjudication
7 of liability of an owner for a violation of subdivision (d) of section
8 eleven hundred eleven of this chapter in accordance with section eleven
9 hundred eleven-e of this chapter, there shall be levied a mandatory
10 surcharge, in addition to any sentence required or permitted by law, in
11 the amount of seventeen dollars.
12 § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
13 as amended by section 10-c of chapter 222 of the laws of 2015, is
14 amended to read as follows:
15 1. Whenever proceedings in an administrative tribunal or a court of
16 this state result in a conviction for a crime under this chapter or a
17 traffic infraction under this chapter other than a traffic infraction
18 involving standing, stopping, parking or motor vehicle equipment or
19 violations by pedestrians or bicyclists, or other than an adjudication
20 of liability of an owner for a violation of subdivision (b), (c), (d),
21 (f) or (g) of section eleven hundred eighty of this chapter in accord-
22 ance with section eleven hundred eighty-b 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-c 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-d of this chapter, or other than an adjudication of liability of an
30 owner for a violation of subdivision (d) of section eleven hundred elev-
31 en of this chapter in accordance with section eleven hundred eleven-d of
32 this chapter, or other than an adjudication of liability of an owner for
33 a violation of subdivision (d) of section eleven hundred eleven of this
34 chapter in accordance with section eleven hundred eleven-e of this chap-
35 ter, there shall be levied a mandatory surcharge, in addition to any
36 sentence required or permitted by law, in the amount of seventeen
37 dollars.
38 § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
39 as amended by section 10-d 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 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-c of this chapter, or other than
49 an adjudication of liability of an owner for a violation of subdivision
50 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
51 ter in accordance with section eleven hundred eighty-d of this chapter,
52 or other than an adjudication of liability of an owner for a violation
53 of subdivision (d) of section eleven hundred eleven of this chapter in
54 accordance with section eleven hundred eleven-d of this chapter, or
55 other than an adjudication of liability of an owner for a violation of
56 subdivision (d) of section eleven hundred eleven of this chapter in
A. 951 35
1 accordance with section eleven hundred eleven-e of this chapter, there
2 shall be levied a mandatory surcharge, in addition to any sentence
3 required or permitted by law, in the amount of seventeen dollars.
4 § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
5 as amended by section 10-e of chapter 222 of the laws of 2015, is
6 amended to read as follows:
7 1. Whenever proceedings in an administrative tribunal or a court of
8 this state result in a conviction for a crime under this chapter or a
9 traffic infraction under this chapter other than a traffic infraction
10 involving standing, stopping, parking or motor vehicle equipment or
11 violations by pedestrians or bicyclists, or other than an adjudication
12 of liability of an owner for a violation of subdivision (b), (c), (d),
13 (f) or (g) of section eleven hundred eighty of this chapter in accord-
14 ance with section eleven hundred eighty-d of this chapter, or other than
15 an adjudication of liability of an owner for a violation of subdivision
16 (d) of section eleven hundred eleven of this chapter in accordance with
17 section eleven hundred eleven-d of this chapter, or other than an adju-
18 dication of liability of an owner for a violation of subdivision (d) of
19 section eleven hundred eleven of this chapter in accordance with section
20 eleven hundred eleven-e of this chapter, there shall be levied a manda-
21 tory surcharge, in addition to any sentence required or permitted by
22 law, in the amount of seventeen dollars.
23 § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
24 as amended by section 10-f of chapter 222 of the laws of 2015, is
25 amended to read as follows:
26 1. Whenever proceedings in an administrative tribunal or a court of
27 this state result in a conviction for a crime under this chapter or a
28 traffic infraction under this chapter other than a traffic infraction
29 involving standing, stopping, parking or motor vehicle equipment or
30 violations by pedestrians or bicyclists, or other than an adjudication
31 of liability of an owner for a violation of subdivision (b), (c), (d),
32 (f) or (g) of section eleven hundred eighty of this chapter in accord-
33 ance with section eleven hundred eighty-d of this chapter, or other than
34 an adjudication of liability of an owner for a violation of subdivision
35 (d) of section eleven hundred eleven of this chapter in accordance with
36 section eleven hundred eleven-e of this chapter, there shall be levied a
37 mandatory surcharge, in addition to any sentence required or permitted
38 by law, in the amount of seventeen dollars.
39 § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
40 as separately amended by chapter 16 of the laws of 1983 and chapter 62
41 of the laws of 1989, is amended to read as follows:
42 1. Whenever proceedings in an administrative tribunal or a court of
43 this state result in a conviction for a crime under this chapter or a
44 traffic infraction under this chapter other than a traffic infraction
45 involving standing, stopping, parking or motor vehicle equipment or
46 violations by pedestrians or bicyclists, or other than an adjudication
47 of liability of an owner for a violation of subdivision (b), (c), (d),
48 (f) or (g) of section eleven hundred eighty of this chapter in accord-
49 ance with section eleven hundred eighty-d of this chapter, there shall
50 be levied a mandatory surcharge, in addition to any sentence required or
51 permitted by law, in the amount of seventeen dollars.
52 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
53 and traffic law, as amended by section 11 of chapter 222 of the laws of
54 2015, is amended to read as follows:
55 a. Notwithstanding any other provision of law, whenever proceedings in
56 a court or an administrative tribunal of this state result in a
A. 951 36
1 conviction for an offense under this chapter, except a conviction pursu-
2 ant to section eleven hundred ninety-two of this chapter, or for a traf-
3 fic infraction under this chapter, or a local law, ordinance, rule or
4 regulation adopted pursuant to this chapter, except a traffic infraction
5 involving standing, stopping, or parking or violations by pedestrians or
6 bicyclists, and except an adjudication of liability of an owner for a
7 violation of subdivision (d) of section eleven hundred eleven of this
8 chapter in accordance with section eleven hundred eleven-a of this chap-
9 ter or in accordance with section eleven hundred eleven-d of this chap-
10 ter, or in accordance with section eleven hundred eleven-e of this chap-
11 ter, and except an adjudication of liability of an owner for a violation
12 of subdivision (d) of section eleven hundred eleven of this chapter in
13 accordance with section eleven hundred eleven-b of this chapter, and
14 except an adjudication in accordance with section eleven hundred
15 eleven-c of this chapter of a violation of a bus lane restriction as
16 defined in such section, and except an adjudication of liability of an
17 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
18 section eleven hundred eighty of this chapter in accordance with section
19 eleven hundred eighty-b of this chapter, and except an adjudication of
20 liability of an owner for a violation of subdivision (b), (c), (d), (f)
21 or (g) of section eleven hundred eighty of this chapter in accordance
22 with section eleven hundred eighty-c of this chapter, and except an
23 adjudication of liability of an owner for a violation of toll collection
24 regulations pursuant to section two thousand nine hundred eighty-five of
25 the public authorities law or sections sixteen-a, sixteen-b and
26 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
27 hundred fifty, or other than an adjudication of liability of an owner
28 for a violation of subdivision (b), (c), (d), (f) or (g) of section
29 eleven hundred eighty of this chapter in accordance with section eleven
30 hundred eighty-d of this chapter, there shall be levied in addition to
31 any sentence, penalty or other surcharge required or permitted by law,
32 an additional surcharge of twenty-eight dollars.
33 § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
34 and traffic law, as amended by section 11-a of chapter 222 of the laws
35 of 2015, is amended to read as follows:
36 a. Notwithstanding any other provision of law, whenever proceedings in
37 a court or an administrative tribunal of this state result in a
38 conviction for an offense under this chapter, except a conviction pursu-
39 ant to section eleven hundred ninety-two of this chapter, or for a traf-
40 fic infraction under this chapter, or a local law, ordinance, rule or
41 regulation adopted pursuant to this chapter, except a traffic infraction
42 involving standing, stopping, or parking or violations by pedestrians or
43 bicyclists, and except an adjudication of liability of an owner for a
44 violation of subdivision (d) of section eleven hundred eleven of this
45 chapter in accordance with section eleven hundred eleven-a of this chap-
46 ter or in accordance with section eleven hundred eleven-d of this chap-
47 ter or in accordance with section eleven hundred eleven-e of this chap-
48 ter, and except an adjudication in accordance with section eleven
49 hundred eleven-c of this chapter of a violation of a bus lane
50 restriction as defined in such section, and except an adjudication of
51 liability of an owner for a violation of subdivision (b), (c), (d), (f)
52 or (g) of section eleven hundred eighty of this chapter in accordance
53 with section eleven hundred eighty-b of this chapter, and except an
54 adjudication of liability of an owner for a violation of subdivision
55 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
56 ter in accordance with section eleven hundred eighty-c of this chapter,
A. 951 37
1 and except an adjudication of liability of an owner for a violation of
2 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
3 of this chapter in accordance with section eleven hundred eighty-d of
4 this chapter, and except an adjudication of liability of an owner for a
5 violation of toll collection regulations pursuant to section two thou-
6 sand nine hundred eighty-five of the public authorities law or sections
7 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
8 of the laws of nineteen hundred fifty, there shall be levied in addition
9 to any sentence, penalty or other surcharge required or permitted by
10 law, an additional surcharge of twenty-eight dollars.
11 § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
12 and traffic law, as amended by section 11-b of chapter 222 of the laws
13 of 2015, is amended to read as follows:
14 a. Notwithstanding any other provision of law, whenever proceedings in
15 a court or an administrative tribunal of this state result in a
16 conviction for an offense under this chapter, except a conviction pursu-
17 ant to section eleven hundred ninety-two of this chapter, or for a traf-
18 fic infraction under this chapter, or a local law, ordinance, rule or
19 regulation adopted pursuant to this chapter, except a traffic infraction
20 involving standing, stopping, or parking or violations by pedestrians or
21 bicyclists, and except an adjudication of liability of an owner for a
22 violation of subdivision (d) of section eleven hundred eleven of this
23 chapter in accordance with section eleven hundred eleven-a of this chap-
24 ter or in accordance with section eleven hundred eleven-d of this chap-
25 ter or in accordance with section eleven hundred eleven-e of this chap-
26 ter, and except 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-b of this chapter, and except an adjudication of liability of an owner
30 for a violation of subdivision (b), (c), (d), (f) or (g) of section
31 eleven hundred eighty of this chapter in accordance with section eleven
32 hundred eighty-c of this chapter, and except an adjudication of liabil-
33 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
34 of section eleven hundred eighty of this chapter in accordance with
35 section eleven hundred eighty-d of this chapter, and except an adjudi-
36 cation of liability of an owner for a violation of toll collection regu-
37 lations pursuant to section two thousand nine hundred eighty-five of the
38 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
39 chapter seven hundred seventy-four of the laws of nineteen hundred
40 fifty, there shall be levied in addition to any sentence, penalty or
41 other surcharge required or permitted by law, an additional surcharge of
42 twenty-eight dollars.
43 § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
44 and traffic law, as amended by section 11-c of chapter 222 of the laws
45 of 2015, is amended to read as follows:
46 a. Notwithstanding any other provision of law, whenever proceedings in
47 a court or an administrative tribunal of this state result in a
48 conviction for an offense under this chapter, except a conviction pursu-
49 ant to section eleven hundred ninety-two of this chapter, or for a traf-
50 fic infraction under this chapter, or a local law, ordinance, rule or
51 regulation adopted pursuant to this chapter, except a traffic infraction
52 involving standing, stopping, or parking or violations by pedestrians or
53 bicyclists, and except an adjudication of liability of an owner for a
54 violation of subdivision (d) of section eleven hundred eleven of this
55 chapter in accordance with section eleven hundred eleven-a of this chap-
56 ter or in accordance with section eleven hundred eleven-d of this chap-
A. 951 38
1 ter or in accordance with section eleven hundred eleven-e of this chap-
2 ter, and except an adjudication of liability of an owner for a violation
3 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
4 eighty of this chapter in accordance with section eleven hundred eight-
5 y-c of this chapter, and except an adjudication of liability of an owner
6 for a violation of subdivision (b), (c), (d), (f) or (g) of section
7 eleven hundred eighty of this chapter in accordance with section eleven
8 hundred eighty-d of this chapter, and except an adjudication of liabil-
9 ity of an owner for a violation of toll collection regulations pursuant
10 to section two thousand nine hundred eighty-five of the public authori-
11 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
12 hundred seventy-four of the laws of nineteen hundred fifty, there shall
13 be levied in addition to any sentence, penalty or other surcharge
14 required or permitted by law, an additional surcharge of twenty-eight
15 dollars.
16 § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
17 and traffic law, as amended by section 11-d of chapter 222 of the laws
18 of 2015, is amended to read as follows:
19 a. Notwithstanding any other provision of law, whenever proceedings in
20 a court or an administrative tribunal of this state result in a
21 conviction for an offense under this chapter, except a conviction pursu-
22 ant to section eleven hundred ninety-two of this chapter, or for a traf-
23 fic infraction under this chapter, or a local law, ordinance, rule or
24 regulation adopted pursuant to this chapter, except a traffic infraction
25 involving standing, stopping, or parking or violations by pedestrians or
26 bicyclists, and except an adjudication of liability of an owner for a
27 violation of subdivision (d) of section eleven hundred eleven of this
28 chapter in accordance with section eleven hundred eleven-a of this chap-
29 ter or in accordance with section eleven hundred eleven-d of this chap-
30 ter or in accordance with section eleven hundred eleven-e of this chap-
31 ter, and except an adjudication of liability of an owner for a violation
32 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
33 eighty of this chapter in accordance with section eleven hundred eight-
34 y-d of this chapter, and except an adjudication of liability of an owner
35 for a violation of toll collection regulations pursuant to section two
36 thousand nine hundred eighty-five of the public authorities law or
37 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
38 seventy-four of the laws of nineteen hundred fifty, there shall be
39 levied in addition to any sentence, penalty or other surcharge required
40 or permitted by law, an additional surcharge of twenty-eight dollars.
41 § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
42 and traffic law, as amended by section 11-e of chapter 222 of the laws
43 of 2015, is amended to read as follows:
44 a. Notwithstanding any other provision of law, whenever proceedings in
45 a court or an administrative tribunal of this state result in a
46 conviction for an offense under this chapter, except a conviction pursu-
47 ant to section eleven hundred ninety-two of this chapter, or for a traf-
48 fic infraction under this chapter, or a local law, ordinance, rule or
49 regulation adopted pursuant to this chapter, except a traffic infraction
50 involving standing, stopping, or parking or violations by pedestrians or
51 bicyclists, and except an adjudication of liability of an owner for a
52 violation of subdivision (d) of section eleven hundred eleven of this
53 chapter in accordance with section eleven hundred eleven-a of this chap-
54 ter or in accordance with section eleven hundred eleven-e of this chap-
55 ter, and except an adjudication of liability of an owner for a violation
56 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
A. 951 39
1 eighty of this chapter in accordance with section eleven hundred eight-
2 y-d of this chapter, and except an adjudication of liability of an owner
3 for a violation of toll collection regulations pursuant to section two
4 thousand nine hundred eighty-five of the public authorities law or
5 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
6 seventy-four of the laws of nineteen hundred fifty, there shall be
7 levied in addition to any sentence, penalty or other surcharge required
8 or permitted by law, an additional surcharge of twenty-eight dollars.
9 § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
10 and traffic law, as amended by section 5 of part C of chapter 55 of the
11 laws of 2013, is amended to read as follows:
12 a. Notwithstanding any other provision of law, whenever proceedings in
13 a court or an administrative tribunal of this state result in a
14 conviction for an offense under this chapter, except a conviction pursu-
15 ant to section eleven hundred ninety-two of this chapter, or for a traf-
16 fic infraction under this chapter, or a local law, ordinance, rule or
17 regulation adopted pursuant to this chapter, except a traffic infraction
18 involving standing, stopping, or parking or violations by pedestrians or
19 bicyclists, and except an adjudication of liability of an owner for a
20 violation of subdivision (d) of section eleven hundred eleven of this
21 chapter in accordance with section eleven hundred eleven-a of this chap-
22 ter, and except an adjudication of liability of an owner for a violation
23 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
24 eighty of this chapter in accordance with section eleven hundred eight-
25 y-d of this chapter, and except an adjudication of liability of an owner
26 for a violation of toll collection regulations pursuant to section two
27 thousand nine hundred eighty-five of the public authorities law or
28 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
29 seventy-four of the laws of nineteen hundred fifty, there shall be
30 levied in addition to any sentence, penalty or other surcharge required
31 or permitted by law, an additional surcharge of twenty-eight dollars.
32 § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
33 401 of the vehicle and traffic law, as amended by section 8 of chapter
34 222 of the laws of 2015, is amended to read as follows:
35 (i) If at the time of application for a registration or renewal there-
36 of there is a certification from a court, parking violations bureau,
37 traffic and parking violations agency or administrative tribunal of
38 appropriate jurisdiction that the registrant or his or her represen-
39 tative failed to appear on the return date or any subsequent adjourned
40 date or failed to comply with the rules and regulations of an adminis-
41 trative tribunal following entry of a final decision in response to a
42 total of three or more summonses or other process in the aggregate,
43 issued within an eighteen month period, charging either that: (i) such
44 motor vehicle was parked, stopped or standing, or that such motor vehi-
45 cle was operated for hire by the registrant or his or her agent without
46 being licensed as a motor vehicle for hire by the appropriate local
47 authority, in violation of any of the provisions of this chapter or of
48 any law, ordinance, rule or regulation made by a local authority; or
49 (ii) the registrant was liable in accordance with section eleven hundred
50 eleven-a, section eleven hundred eleven-b or section eleven hundred
51 eleven-d of this chapter for a violation of subdivision (d) of section
52 eleven hundred eleven of this chapter; or (iii) the registrant was
53 liable in accordance with section eleven hundred eleven-c of this chap-
54 ter for a violation of a bus lane restriction as defined in such
55 section, or (iv) the registrant was liable in accordance with section
56 eleven hundred eighty-b of this chapter for a violation of subdivision
A. 951 40
1 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the
2 registrant was liable in accordance with section eleven hundred eighty-c
3 of this chapter for a violation of subdivision (c) or (d) of section
4 eleven hundred eighty of this chapter; or (vi) the registrant was liable
5 in accordance with section eleven hundred eleven-e of this chapter for a
6 violation of subdivision (d) of section eleven hundred eleven of this
7 chapter, or (vii) the registrant was liable in accordance with section
8 eleven hundred eighty-d of this chapter for a violation of subdivision
9 (c) or (d) of section eleven hundred eighty of this chapter, the commis-
10 sioner or his or her agent shall deny the registration or renewal appli-
11 cation until the applicant provides proof from the court, traffic and
12 parking violations agency or administrative tribunal wherein the charges
13 are pending that an appearance or answer has been made or in the case of
14 an administrative tribunal that he or she has complied with the rules
15 and regulations of said tribunal following entry of a final decision.
16 Where an application is denied pursuant to this section, the commission-
17 er may, in his or her discretion, deny a registration or renewal appli-
18 cation to any other person for the same vehicle and may deny a registra-
19 tion or renewal application for any other motor vehicle registered in
20 the name of the applicant where the commissioner has determined that
21 such registrant's intent has been to evade the purposes of this subdivi-
22 sion and where the commissioner has reasonable grounds to believe that
23 such registration or renewal will have the effect of defeating the
24 purposes of this subdivision. Such denial shall only remain in effect as
25 long as the summonses remain unanswered, or in the case of an adminis-
26 trative tribunal, the registrant fails to comply with the rules and
27 regulations following entry of a final decision.
28 § 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
29 and traffic law, as amended by section 8-a of chapter 222 of the laws of
30 2015, is amended to read as follows:
31 a. If at the time of application for a registration or renewal thereof
32 there is a certification from a court or administrative tribunal of
33 appropriate jurisdiction that the registrant or his or her represen-
34 tative failed to appear on the return date or any subsequent adjourned
35 date or failed to comply with the rules and regulations of an adminis-
36 trative tribunal following entry of a final decision in response to a
37 total of three or more summonses or other process in the aggregate,
38 issued within an eighteen month period, charging either that: (i) such
39 motor vehicle was parked, stopped or standing, or that such motor vehi-
40 cle was operated for hire by the registrant or his or her agent without
41 being licensed as a motor vehicle for hire by the appropriate local
42 authority, in violation of any of the provisions of this chapter or of
43 any law, ordinance, rule or regulation made by a local authority; or
44 (ii) the registrant was liable in accordance with section eleven hundred
45 eleven-b of this chapter for a violation of subdivision (d) of section
46 eleven hundred eleven of this chapter; or (iii) the registrant was
47 liable in accordance with section eleven hundred eleven-c of this chap-
48 ter for a violation of a bus lane restriction as defined in such
49 section; or (iv) the registrant was liable in accordance with section
50 eleven hundred eleven-d of this chapter for a violation of subdivision
51 (d) of section eleven hundred eleven of this chapter or (v) the regis-
52 trant was liable in accordance with section eleven hundred eighty-b of
53 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
54 section eleven hundred eighty of this chapter; or (v) the registrant was
55 liable in accordance with section eleven hundred eighty-c of this chap-
56 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
A. 951 41
1 eleven hundred eighty of this chapter; or (vi) the registrant was liable
2 in accordance with section eleven hundred eleven-e of this chapter for a
3 violation of subdivision (d) of section eleven hundred eleven of this
4 chapter; or (vii) the registrant was liable in accordance with section
5 eleven hundred eighty-d of this chapter for a violation of subdivision
6 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
7 ter, the commissioner or his or her agent shall deny the registration or
8 renewal application until the applicant provides proof from the court or
9 administrative tribunal wherein the charges are pending that an appear-
10 ance or answer has been made or in the case of an administrative tribu-
11 nal that he or she has complied with the rules and regulations of said
12 tribunal following entry of a final decision. Where an application is
13 denied pursuant to this section, the commissioner may, in his or her
14 discretion, deny a registration or renewal application to any other
15 person for the same vehicle and may deny a registration or renewal
16 application for any other motor vehicle registered in the name of the
17 applicant where the commissioner has determined that such registrant's
18 intent has been to evade the purposes of this subdivision and where the
19 commissioner has reasonable grounds to believe that such registration or
20 renewal will have the effect of defeating the purposes of this subdivi-
21 sion. Such denial shall only remain in effect as long as the summonses
22 remain unanswered, or in the case of an administrative tribunal, the
23 registrant fails to comply with the rules and regulations following
24 entry of a final decision.
25 § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
26 and traffic law, as amended by section 8-b of chapter 222 of the laws of
27 2015, is amended to read as follows:
28 a. If at the time of application for a registration or renewal thereof
29 there is a certification from a court or administrative tribunal of
30 appropriate jurisdiction that the registrant or his or her represen-
31 tative failed to appear on the return date or any subsequent adjourned
32 date or failed to comply with the rules and regulations of an adminis-
33 trative tribunal following entry of a final decision in response to
34 three or more summonses or other process, issued within an eighteen
35 month period, charging that: (i) such motor vehicle was parked, stopped
36 or standing, or that such motor vehicle was operated for hire by the
37 registrant or his or her agent without being licensed as a motor vehicle
38 for hire by the appropriate local authority, in violation of any of the
39 provisions of this chapter or of any law, ordinance, rule or regulation
40 made by a local authority; or (ii) the registrant was liable in accord-
41 ance with section eleven hundred eleven-c of this chapter for a
42 violation of a bus lane restriction as defined in such section; or (iii)
43 the registrant was liable in accordance with section eleven hundred
44 eleven-d of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iv) the registrant was liable
46 in accordance with section eleven hundred eighty-b of this chapter for a
47 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
48 hundred eighty of this chapter, or the registrant was liable in accord-
49 ance with section eleven hundred eighty-c of this chapter for a
50 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
51 hundred eighty of this chapter, or the registrant was liable in accord-
52 ance with section eleven hundred eighty-d of this chapter for a
53 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
54 hundred eighty of this chapter; or (v) the registrant was liable in
55 accordance with section eleven hundred eleven-e of this chapter for a
56 violation of subdivision (d) of section eleven hundred eleven of this
A. 951 42
1 chapter, the commissioner or his or her agent shall deny the registra-
2 tion or renewal application until the applicant provides proof from the
3 court or administrative tribunal wherein the charges are pending that an
4 appearance or answer has been made or in the case of an administrative
5 tribunal that he or she has complied with the rules and regulations of
6 said tribunal following entry of a final decision. Where an application
7 is denied pursuant to this section, the commissioner may, in his or her
8 discretion, deny a registration or renewal application to any other
9 person for the same vehicle and may deny a registration or renewal
10 application for any other motor vehicle registered in the name of the
11 applicant where the commissioner has determined that such registrant's
12 intent has been to evade the purposes of this subdivision and where the
13 commissioner has reasonable grounds to believe that such registration or
14 renewal will have the effect of defeating the purposes of this subdivi-
15 sion. Such denial shall only remain in effect as long as the summonses
16 remain unanswered, or in the case of an administrative tribunal, the
17 registrant fails to comply with the rules and regulations following
18 entry of a final decision.
19 § 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
20 and traffic law, as amended by section 8-c of chapter 222 of the laws of
21 2015, is amended to read as follows:
22 a. If at the time of application for a registration or renewal thereof
23 there is a certification from a court or administrative tribunal of
24 appropriate jurisdiction that the registrant or his or her represen-
25 tative failed to appear on the return date or any subsequent adjourned
26 date or failed to comply with the rules and regulations of an adminis-
27 trative tribunal following entry of a final decision in response to
28 three or more summonses or other process, issued within an eighteen
29 month period, charging that: (i) such motor vehicle was parked, stopped
30 or standing, or that such motor vehicle was operated for hire by the
31 registrant or his or her agent without being licensed as a motor vehicle
32 for hire by the appropriate local authority, in violation of any of the
33 provisions of this chapter or of any law, ordinance, rule or regulation
34 made by a local authority; or (ii) the registrant was liable in accord-
35 ance with section eleven hundred eleven-d of this chapter for a
36 violation of subdivision (d) of section eleven hundred eleven of this
37 chapter; or (iii) the registrant was liable in accordance with section
38 eleven hundred eighty-b of this chapter for violations of subdivision
39 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
40 ter, or the registrant was liable in accordance with section eleven
41 hundred eighty-c of this chapter for violations of subdivision (b), (c),
42 (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
43 registrant was liable in accordance with section eleven hundred eighty-d
44 of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
45 of section eleven hundred eighty of this chapter; or (iv) the registrant
46 was liable in accordance with section eleven hundred eleven-e of this
47 chapter for a violation of subdivision (d) of section eleven hundred
48 eleven of this chapter, the commissioner or his or her agent shall deny
49 the registration or renewal application until the applicant provides
50 proof from the court or administrative tribunal wherein the charges are
51 pending that an appearance or answer has been made or in the case of an
52 administrative tribunal that he has complied with the rules and regu-
53 lations of said tribunal following entry of a final decision. Where an
54 application is denied pursuant to this section, the commissioner may, in
55 his or her discretion, deny a registration or renewal application to any
56 other person for the same vehicle and may deny a registration or renewal
A. 951 43
1 application for any other motor vehicle registered in the name of the
2 applicant where the commissioner has determined that such registrant's
3 intent has been to evade the purposes of this subdivision and where the
4 commissioner has reasonable grounds to believe that such registration or
5 renewal will have the effect of defeating the purposes of this subdivi-
6 sion. Such denial shall only remain in effect as long as the summonses
7 remain unanswered, or in the case of an administrative tribunal, the
8 registrant fails to comply with the rules and regulations following
9 entry of a final decision.
10 § 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
11 and traffic law, as amended by section 8-d of chapter 222 of the laws of
12 2015, is amended to read as follows:
13 a. If at the time of application for a registration or renewal thereof
14 there is a certification from a court or administrative tribunal of
15 appropriate jurisdiction that the registrant or his or her represen-
16 tative failed to appear on the return date or any subsequent adjourned
17 date or failed to comply with the rules and regulations of an adminis-
18 trative tribunal following entry of a final decision in response to
19 three or more summonses or other process, issued within an eighteen
20 month period, charging that such motor vehicle was parked, stopped or
21 standing, or that such motor vehicle was operated for hire by the regis-
22 trant or his agent without being licensed as a motor vehicle for hire by
23 the appropriate local authority, in violation of any of the provisions
24 of this chapter or of any law, ordinance, rule or regulation made by a
25 local authority, or the registrant was liable in accordance with section
26 eleven hundred eighty-c of this chapter for violations of subdivision
27 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
28 ter, or the registrant was liable in accordance with section eleven
29 hundred eighty-d of this chapter for violations of subdivision (b), (c),
30 (d), (f) or (g) of section eleven hundred eighty of this chapter, or the
31 registrant was liable in accordance with section eleven hundred eleven-d
32 of this chapter for a violation of subdivision (d) of section eleven
33 hundred eleven of this chapter, or the registrant was liable in accord-
34 ance with section eleven hundred eleven-e of this chapter for a
35 violation of subdivision (d) of section eleven hundred eleven of this
36 chapter, the commissioner or his or her agent shall deny the registra-
37 tion or renewal application until the applicant provides proof from the
38 court or administrative tribunal wherein the charges are pending that an
39 appearance or answer has been made or in the case of an administrative
40 tribunal that he or she has complied with the rules and regulations of
41 said tribunal following entry of a final decision. Where an application
42 is denied pursuant to this section, the commissioner may, in his or her
43 discretion, deny a registration or renewal application to any other
44 person for the same vehicle and may deny a registration or renewal
45 application for any other motor vehicle registered in the name of the
46 applicant where the commissioner has determined that such registrant's
47 intent has been to evade the purposes of this subdivision and where the
48 commissioner has reasonable grounds to believe that such registration or
49 renewal will have the effect of defeating the purposes of this subdivi-
50 sion. Such denial shall only remain in effect as long as the summonses
51 remain unanswered, or in the case of an administrative tribunal, the
52 registrant fails to comply with the rules and regulations following
53 entry of a final decision.
54 § 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
55 and traffic law, as amended by section 8-e of chapter 222 of the laws of
56 2015, is amended to read as follows:
A. 951 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. 951 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. 951 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. 951 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. 951 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. 951 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. 951 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. 951 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.
