A02316 Summary:

BILL NOA02316A
 
SAME ASSAME AS S02740-B
 
SPONSORSimon (MS)
 
COSPNSRForrest
 
MLTSPNSRCarroll
 
Amd V & T L, generally; add §371-a, Gen Muni L; amd §87, Pub Off L
 
Relates to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
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A02316 Actions:

BILL NOA02316A
 
01/14/2021referred to transportation
05/21/2021amend (t) and recommit to transportation
05/21/2021print number 2316a
06/03/2021reported referred to codes
06/07/2021reported referred to ways and means
06/08/2021reported referred to rules
06/08/2021reported
06/08/2021rules report cal.536
06/08/2021substituted by s2740b
 S02740 AMEND=B KAVANAGH
 01/25/2021REFERRED TO TRANSPORTATION
 04/08/2021AMEND AND RECOMMIT TO TRANSPORTATION
 04/08/2021PRINT NUMBER 2740A
 04/20/20211ST REPORT CAL.707
 04/21/20212ND REPORT CAL.
 04/26/2021ADVANCED TO THIRD READING
 05/24/2021AMENDED ON THIRD READING 2740B
 06/03/2021HOME RULE REQUEST
 06/03/2021PASSED SENATE
 06/03/2021DELIVERED TO ASSEMBLY
 06/03/2021referred to codes
 06/08/2021substituted for a2316a
 06/08/2021ordered to third reading rules cal.536
 06/08/2021home rule request
 06/08/2021passed assembly
 06/08/2021returned to senate
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A02316 Committee Votes:

TRANSPORTATION Chair:Magnarelli DATE:06/03/2021AYE/NAY:23/1 Action: Favorable refer to committee Codes
MagnarelliAyeMcDonoughAye
PerryAyeDiPietroAye
LupardoAyeByrneAye
ThieleAyeMillerAye
BronsonAyeNorrisAye
SimonAyeDeStefanoAye
HunterAyeWalczykNay
HyndmanAye
WilliamsAye
FahyAye
FrontusAye
JacobsonAye
McMahonAye
DarlingAye
WallaceAye
BurgosAbsent
GallagherAye
MitaynesAbsent
SillittiAye

CODES Chair:Dinowitz DATE:06/07/2021AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

WAYS AND MEANS Chair:Weinstein DATE:06/08/2021AYE/NAY:34/0 Action: Favorable refer to committee Rules
WeinsteinAyeRaAye
GlickAyeFitzpatrickAye
NolanExcusedHawleyAye
PretlowAyeMontesanoAye
PerryAyeBlankenbushAye
ColtonAyeNorrisAye
CookAyeBrabenecAye
CahillAyePalmesanoAye
AubryAyeByrneAye
CusickAyeAshbyAye
BenedettoAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye
DinowitzAye
JoynerAye
MagnarelliAye
ZebrowskiAye
BronsonAye
DilanAye
SeawrightAye
HyndmanAye

RULES Chair:Gottfried DATE:06/08/2021AYE/NAY:30/0 Action: Favorable
HeastieExcusedBarclayAye
GottfriedAyeHawleyAye
NolanAyeGiglioAye
WeinsteinAyeBlankenbushAye
PretlowAyeNorrisAye
CookAyeMontesanoAye
GlickAyeRaAye
AubryAyeBrabenecAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye

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A02316 Floor Votes:

There are no votes for this bill in this legislative session.
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A02316 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2316A
 
SPONSOR: Simon (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such inter- state by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: To create a weigh-in-motion pilot program for the enforcement of vehicle weight restrictions on the portion of Interstate 278 located in Brook- lyn.   SUMMARY OF PROVISIONS: Section one of the bill adds a new Section 385-a to the Vehicle and Traffic Law, which authorizes the City of New York to create a pilot weigh-in-motion enforcement program for the Brooklyn Queens Expressway in Brooklyn. The program shall impose fines for failure to comply with existing weight restrictions. The New York State Department of Transpor- tation will enter into an MOD with the New York City Department of Transportation for the purposes of carrying out the program. Section one also establishes thenparameters of the pilot program, including privacy protections for data and images of affected individuals and vehicles, the maintenance of the system, the fines imposed, the scope of infrac- tions, the manner of notification of infractions, adjudication of liability, and a process to report the results of the program. Section two of the bill amends Section 237 of the Vehicle and Traffic Law to allow the adjudication of liability for any violation found pursuant to the program by the New York City Parking Violations Bureau. Section three of the bill amends Subdivision 2 of Section 87 of the Public Officers Law by adding any recorded materials collected pursuant to the program to a list of exceptions to the otherwise applicable public disclosure law. Section four of the bill outlines that the City Department of Transpor- tation shall create proper awareness among the public of the new program, shall issue a warning rather than a violation for the first 90 days of the program, and shall promulgate any and all rules and regu- lations required to implement the program. Section five of the bill sets forth the effective date.   JUSTIFICATION: The respective final reports of the New York City Mayor's Expert Panel and the New York City Council on the Brooklyn-Queens Expressway, released in early 2020, found that this vital piece of infrastructure is in dire condition. The Panel's report focused on the 1.5-mile stretch of the roadway from Sands Street to Atlantic Avenue-which includes the "triple cantilever" structure running along the edge of Brooklyn Heights with a northbound level, southbound level, and the Brooklyn Heights promenade-and found the, structure to be deteriorating rapidly, with sections possibly unsafe for vehicular and truck traffic in five years if mitigations are not made expeditiously. One reason for the expressway's crumbling infrastructure is the presence of overweight truck traffic. There is currently minimal enforcement of truck weight restriction, in part because the conventional enforcement method of taking a truck off the road and weighing it on a stationary scale is highly impractical on a highway as congested and narrow as the BQE. This legislation would allow for the City of New York, in conjunc- tion with the State, to institute a weigh-in-motion system on the 1-278 in Brooklyn that would increase enforcement of weight restrictions. Weigh-in-motion systems record the axle weights and gross weights of vehicles that drive over the site of the system, without the need for the vehicles to stop. This bill would create an enforcement program that would automatically issue violations for trucks that are recorded as having weights substantially above the existing legal limits. By significantly reducing overweight truck traffic on the BQE, this legislation will serve as an important step to protect this critical component of the network of roadways that enable passenger vehicles, and freight to flow throughout the New York area. The enforcement program, coupled with an emergency repair initiative the City Department of Transportation will undertake, will extend the life of the existing structure until long-term approaches to the 1-278 corridor can be imple- mented.   LEGISLATIVE. HISTORY: 2020 A.10223 -referred to Transportation   FISCAL IMPLICATIONS: None to the state.   EFFECTIVE DATE: (a) This act shall take effect immediately and shall expire and be deemed repealed five years after such date. (b) Notwithstanding the expiration and repeal of this act, any notices of liability issued pursuant to section three hundred eighty-five-a of the vehicle and traffic law, as added by section one of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date.
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A02316 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2316--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by M. of A. SIMON, FORREST -- Multi-Sponsored by -- M. of A.
          CARROLL -- read once and referred to the Committee  on  Transportation
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing  a  demonstration  program  on  interstate
          route  278  in  Kings  county to enforce vehicle weight restriction on
          such interstate by means of  mobile  or  stationary  weigh  in  motion
          systems;  and providing for the repeal of such provisions upon expira-
          tion thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 235 of the vehicle and traffic law is REPEALED and
     2  a new section 235 is added to read as follows:
     3    § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision  of
     4  any  general, special or local law or administrative code to the contra-
     5  ry, in any city which heretofore or hereafter is authorized to establish
     6  an administrative tribunal: (a) to  hear  and  determine  complaints  of
     7  traffic   infractions   constituting   parking,   standing  or  stopping
     8  violations, or (b) to adjudicate the liability of owners for  violations
     9  of  subdivision  (d)  of  section  eleven hundred eleven of this chapter
    10  imposed pursuant to a local law or ordinance imposing monetary liability
    11  on the owner of a vehicle for failure of an operator thereof  to  comply
    12  with  traffic-control indications through the installation and operation
    13  of traffic-control signal photo violation-monitoring systems, in accord-
    14  ance with article twenty-four of this chapter, or (c) to adjudicate  the
    15  liability  of owners for violations of subdivision (b), (c), (d), (f) or
    16  (g) of section eleven hundred eighty of this chapter imposed pursuant to
    17  a demonstration program imposing monetary liability on the  owner  of  a
    18  vehicle  for  failure  of an operator thereof to comply with such posted
    19  maximum speed limits through the installation  and  operation  of  photo
    20  speed violation monitoring systems, in accordance with article thirty of
    21  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
    22  violations of bus lane restrictions as defined by article twenty-four of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01147-06-1

        A. 2316--A                          2
 
     1  this chapter imposed pursuant to a bus rapid  transit  program  imposing
     2  monetary  liability on the owner of a vehicle for failure of an operator
     3  thereof to comply with such bus lane restrictions through the  installa-
     4  tion and operation of bus lane photo devices, in accordance with article
     5  twenty-four  of  this  chapter,  or  (e)  to adjudicate the liability of
     6  owners for violations of toll collection regulations imposed by  certain
     7  public  authorities pursuant to the law authorizing such public authori-
     8  ties to impose monetary liability on the owner of a vehicle for  failure
     9  of  an  operator  thereof  to comply with toll collection regulations of
    10  such public  authorities  through  the  installation  and  operation  of
    11  photo-monitoring  systems,  in accordance with the provisions of section
    12  two thousand nine hundred eighty-five of the public authorities law  and
    13  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
    14  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    15  the liability of owners for violations of section eleven hundred  seven-
    16  ty-four of this chapter when meeting a school bus marked and equipped as
    17  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
    18  hundred seventy-five of this chapter imposed pursuant to a local law  or
    19  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    20  failure of an operator thereof to comply  with  school  bus  red  visual
    21  signals  through  the  installation  and  operation  of school bus photo
    22  violation monitoring systems, in accordance with article twenty-nine  of
    23  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    24  violations of section three hundred eighty-five of this chapter and  the
    25  rules  of  the  department  of transportation of the city of New York in
    26  relation to gross vehicle weight and/or axle weight  violations  imposed
    27  pursuant  to  a  weigh in motion demonstration program imposing monetary
    28  liability on the owner of a vehicle for failure of an  operator  thereof
    29  to comply with such gross vehicle weight and/or axle weight restrictions
    30  through  the  installation  and  operation  of weigh in motion violation
    31  monitoring systems, in accordance with article ten 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.  Notwithstanding any inconsistent provision of any general, special
    35  or local law or administrative code to the contrary,  any  city  with  a
    36  population  in  excess  of one hundred thousand persons according to the
    37  nineteen hundred eighty United States census hereinafter referred to  as
    38  a  city shall provide notice of parking violations and of the imposition
    39  of additional penalties whenever the person who is liable therefor fails
    40  to respond to the parking ticket in the manner designated thereon.  Such
    41  notice  shall  be  in  substantial  conformance   with   the   following
    42  provisions:
    43    a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
    44  parking violation, it shall be served in the manner prescribed by subdi-
    45  vision two of section two hundred thirty-eight of this article.
    46    (2) Whenever a person has been issued a  notice  of  violation  for  a
    47  parking  violation  and has not responded in the manner described in the
    48  notice, a city shall give the owner a second notice of the violation  by
    49  regular first class mail: (i) within forty days of issuance of the first
    50  notice of violation for a parking violation where the vehicle is a vehi-
    51  cle  registered  in this state; or (ii) within forty days of the receipt
    52  by such city of the name and address of the owner of the  vehicle  where
    53  the  vehicle  is  a  vehicle registered in any other state.  Such second
    54  notice shall include, but not be limited to, the following information:

        A. 2316--A                          3
 
     1    (A) that the owner has a period of twenty days from  issuance  of  the
     2  second notice in which to respond to the notice of violation for a park-
     3  ing violation;
     4    (B)  that  failure to respond to the notice of violation for a parking
     5  violation may result in the suspension and non-renewal  of  the  owner's
     6  registration;
     7    (C)  that  failure to respond to the notice of violation for a parking
     8  violation may subject the owner to additional penalties as  provided  in
     9  paragraph b of this subdivision;
    10    (D)  that  failure to respond to the notice of violation for a parking
    11  violation shall subject the owner to a default judgment as  provided  in
    12  paragraph  c  of  this  subdivision and the additional penalties imposed
    13  upon parking violations pursuant to paragraph b of this subdivision; and
    14    (E) that submission of a plea of guilty to the parking violation makes
    15  the owner liable for payment of the stated fine and additional penalties
    16  imposed pursuant to paragraph b of this subdivision  and  the  mandatory
    17  surcharge of fifteen dollars imposed upon parking violations pursuant to
    18  section eighteen hundred nine-a of this chapter.
    19    b.  Additional penalties. (1) For the purposes of this paragraph, each
    20  locality shall determine an initial response date of not less than eight
    21  days nor more than thirty days,  after  which  time  a  penalty  may  be
    22  imposed.  The  liability  for such initial penalty shall commence on the
    23  date following the initial response date.
    24    (2) Failure to  respond  to  a  notice  of  violation  for  a  parking
    25  violation by the initial response date may result in the liability for a
    26  penalty  in  an  amount of the fine indicated on the notice of violation
    27  for a parking violation; where a city has given a second notice pursuant
    28  to paragraph a of this subdivision, the following schedule of additional
    29  penalties may apply:
    30    (A) failure to  respond  to  a  notice  of  violation  for  a  parking
    31  violation  by  the initial response date may result in the liability for
    32  an additional penalty not to exceed ten dollars or, if the first penalty
    33  assessed by a city does not exceed five dollars, such city may assess an
    34  additional penalty within thirty-one to seventy-five days not to  exceed
    35  ten dollars; and
    36    (B)  where a city has given a second notice pursuant to paragraph a of
    37  this subdivision failure to respond to a notice of violation for a park-
    38  ing violation within seventy-five days  may  result  in  the  liability,
    39  commencing  on  the  seventy-sixth day, for an additional penalty not to
    40  exceed twenty dollars.
    41    (3) Where the additional penalty schedule set  forth  in  subparagraph
    42  two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
    43  Regulations Part 6180, has not been implemented by a city and is not  in
    44  effect  in  such city on or before January first, nineteen hundred nine-
    45  ty-three, the provisions of this paragraph  shall  not  apply.  For  the
    46  purposes of this subdivision, the provisions of this paragraph shall not
    47  be  considered to have been implemented and in effect unless the penalty
    48  schedule contained herein shall have been applied to parking  violations
    49  issued  in  such city on or before January first, nineteen hundred nine-
    50  ty-three.
    51    b-1. Alternate additional penalty schedule. In any city in  which  the
    52  schedule  of  penalties  contained in subparagraph two of paragraph b of
    53  this subdivision, as interpreted in 9 New York Code of Rules  and  Regu-
    54  lations  Part 6180, has not been implemented and was not in effect on or
    55  before January first, nineteen hundred ninety-three, the  provisions  of
    56  this paragraph shall only apply upon enactment of a local law containing

        A. 2316--A                          4
 
     1  the penalty schedule provided in this paragraph prior to March 28, 1993.
     2  Following  the  enactment  of  such  a local law, such city may elect to
     3  impose the additional penalties set forth in subparagraphs one  and  two
     4  of  this paragraph for failure to respond to a notice of violation for a
     5  parking violation in accordance with this paragraph. In the  event  that
     6  no  such  local  law  was enacted prior to March 28, 1993, the alternate
     7  additional penalty schedule set forth in paragraph b-2 of this  subdivi-
     8  sion shall apply.
     9    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
    10  violation within thirty days shall result in  liability,  commencing  on
    11  the  thirty-first  day,  for  an  additional penalty in an amount not to
    12  exceed ten dollars, indicated on the notice of violation for  a  parking
    13  violation;  where a city has given a second notice pursuant to paragraph
    14  a of this subdivision failure to respond to a notice of violation for  a
    15  parking  violation  within  forty-five  days  may  result  in liability,
    16  commencing on the forty-sixth day, for the penalty prescribed above  for
    17  failure  to  respond within thirty days and an additional penalty not to
    18  exceed twenty dollars; and where a city has given a second notice pursu-
    19  ant to paragraph a of this subdivision failure to respond to a notice of
    20  violation for a parking violation within seventy-five days may result in
    21  liability, commencing  on  the  seventy-sixth  day,  for  the  penalties
    22  prescribed above for failure to respond within thirty days and for fail-
    23  ure  to  respond within forty-five days and an additional penalty not to
    24  exceed thirty dollars.
    25    (2) Notwithstanding the foregoing schedule of  alternative  additional
    26  penalties,  if an owner makes a plea or appears within twenty days after
    27  issuance of a second notice of violation in accordance with paragraph  a
    28  of  this  subdivision, or prior to such mailing, such additional penalty
    29  shall not exceed ten dollars.
    30    b-2. Alternate additional penalty schedule. In any city in  which  the
    31  schedule  of  penalties contained in paragraph b of this subdivision, as
    32  interpreted in 9 New York Code of Rules and Regulations Part  6180,  has
    33  not  been  implemented and was not in effect on or before January first,
    34  nineteen hundred ninety-three and which has  not  enacted  a  local  law
    35  pursuant  to  paragraph b-1 of this subdivision prior to March 28, 1993,
    36  the following alternate additional penalty schedule shall apply:
    37    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
    38  violation  within  eight days may result in the liability, commencing on
    39  the ninth day, for an additional penalty in an amount not to exceed five
    40  dollars;
    41    (2) Failure to  respond  to  a  notice  of  violation  for  a  parking
    42  violation  within thirty days may result in the liability, commencing on
    43  the thirty-first day, for the penalty prescribed above  for  failure  to
    44  respond  within  eight  days and an additional penalty not to exceed ten
    45  dollars or, if the first penalty assessed by the city  does  not  exceed
    46  five  dollars, such city may assess an additional penalty within thirty-
    47  one to seventy-five days not to exceed ten dollars;
    48    (3) Where a city has given a second notice pursuant to paragraph a  of
    49  this subdivision failure to respond to a notice of violation for a park-
    50  ing  violation  within  seventy-five  days  may result in the liability,
    51  commencing on the seventy-sixth day, for the penalties prescribed  above
    52  for  failure  to  respond  within  eight days and for failure to respond
    53  within thirty days and  an  additional  penalty  not  to  exceed  twenty
    54  dollars; and
    55    (4)  Notwithstanding the foregoing schedule of alternate penalties, if
    56  an owner makes a plea or appears within twenty days after issuance of  a

        A. 2316--A                          5
 
     1  second notice of violation in accordance with paragraph a of this subdi-
     2  vision,  or  prior  to  such  mailing, such additional penalty shall not
     3  exceed five dollars.
     4    c.  Default  judgment. Where a city has given notice pursuant to para-
     5  graph a of this subdivision, failure to respond to a notice of violation
     6  for a parking violation within ninety days shall be deemed an  admission
     7  of  liability  and  shall  subject the owner to a default judgment being
     8  entered thereon in an amount not greater than the amount of the original
     9  fine and accrued penalties plus any applicable surcharges.  Such default
    10  shall be reported to the  department  which  department  shall  cause  a
    11  suspension  and  non-renewal of the owner's registration pursuant to the
    12  provisions of subdivision four-c of section five  hundred  ten  of  this
    13  chapter.
    14    3.  Nothing  set forth in this article shall be construed to authorize
    15  the imposition of monetary liability on the owner of a vehicle for fail-
    16  ure of an operator thereof to comply with any provision of law, rule  or
    17  regulation through the installation and operation of a photo enforcement
    18  device  or  system, except as otherwise explicitly authorized by article
    19  ten, twenty-four, twenty-nine or thirty of this chapter, by section  two
    20  thousand  nine  hundred eighty-five of the public authorities law, or by
    21  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    22  seventy-four  of the laws of nineteen hundred fifty, nor be construed to
    23  grant any municipality the authority to establish by  local  law,  ordi-
    24  nance, order, rule, regulation, resolution or any other means, an admin-
    25  istrative  tribunal  to hear and determine complaints of traffic infrac-
    26  tions  or  jurisdiction  to  adjudicate  any  liability  set  forth   in
    27  subdivision one of this section.
    28    §  2.  Subdivision  1 of section 236 of the vehicle and traffic law is
    29  REPEALED and a new subdivision 1 is added to read as follows:
    30    1. Creation. In any city as hereinbefore or hereafter authorized  such
    31  tribunal  when  created  shall be known as the parking violations bureau
    32  and shall have jurisdiction of traffic infractions  which  constitute  a
    33  parking violation and, where authorized: (a) to adjudicate the liability
    34  of  owners  for  violations of subdivision (d) of section eleven hundred
    35  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    36  imposing  monetary liability on the owner of a vehicle for failure of an
    37  operator thereof to comply with traffic-control indications through  the
    38  installation  and  operation  of traffic-control signal photo violation-
    39  monitoring systems, in accordance with article twenty-four of this chap-
    40  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    41  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    42  of this chapter imposed pursuant to  a  demonstration  program  imposing
    43  monetary  liability on the owner of a vehicle for failure of an operator
    44  thereof to comply with such posted  maximum  speed  limits  through  the
    45  installation  and operation of photo speed violation monitoring systems,
    46  in accordance with article thirty of this chapter, or (c) to  adjudicate
    47  the  liability  of  owners  for  violations  of bus lane restrictions as
    48  defined by article twenty-four of this chapter imposed pursuant to a bus
    49  rapid transit program imposing monetary liability  on  the  owner  of  a
    50  vehicle  for failure of an operator thereof to comply with such bus lane
    51  restrictions through the installation and operation of  bus  lane  photo
    52  devices,  in accordance with article twenty-four of this chapter, or (d)
    53  to adjudicate the liability of owners for violations of toll  collection
    54  regulations  imposed  by  certain public authorities pursuant to the law
    55  authorizing such public authorities to impose monetary liability on  the
    56  owner  of  a  vehicle  for failure of an operator thereof to comply with

        A. 2316--A                          6
 
     1  toll collection regulations  of  such  public  authorities  through  the
     2  installation  and  operation  of photo-monitoring systems, in accordance
     3  with the provisions of section two thousand nine hundred eighty-five  of
     4  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     5  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     6  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for
     7  violations of section eleven hundred seventy-four of this  chapter  when
     8  meeting  a  school  bus  marked and equipped as provided in subdivisions
     9  twenty and twenty-one-c of section three hundred  seventy-five  of  this
    10  chapter  imposed  pursuant to a local law or ordinance imposing monetary
    11  liability on the owner of a vehicle for failure of an  operator  thereof
    12  to  comply  with  school bus red visual signals through the installation
    13  and operation of school  bus  photo  violation  monitoring  systems,  in
    14  accordance  with  article twenty-nine of this chapter, or (f) to adjudi-
    15  cate the liability of owners for violations  of  section  three  hundred
    16  eighty-five of this chapter and the rules of the department of transpor-
    17  tation  of  the  city  of  New  York in relation to gross vehicle weight
    18  and/or axle weight violations imposed pursuant  to  a  weigh  in  motion
    19  demonstration  program  imposing  monetary  liability  on the owner of a
    20  vehicle for failure of an operator thereof to  comply  with  such  gross
    21  vehicle  weight and/or axle weight restrictions through the installation
    22  and operation of  weigh  in  motion  violation  monitoring  systems,  in
    23  accordance with article ten of this chapter.  Such tribunal, except in a
    24  city with a population of one million or more, shall also have jurisdic-
    25  tion  of abandoned vehicle violations. For the purposes of this article,
    26  a parking violation is the violation of  any  law,  rule  or  regulation
    27  providing for or regulating the parking, stopping or standing of a vehi-
    28  cle. In addition for purposes of this article, "commissioner" shall mean
    29  and  include  the  commissioner  of  traffic  of the city or an official
    30  possessing authority as such a commissioner.
    31    § 3. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    32  traffic  law  is  REPEALED  and  a  new  paragraph f is added to read as
    33  follows:
    34    f. "Notice of violation" means a notice of  violation  as  defined  in
    35  subdivision  nine  of  section two hundred thirty-seven of this article,
    36  but shall not be deemed to include a notice of liability issued pursuant
    37  to authorization set forth in articles ten, twenty-four, twenty-nine and
    38  thirty of this chapter, section two thousand nine hundred eighty-five of
    39  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    40  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    41  hundred fifty to impose monetary liability on the owner of a vehicle for
    42  failure of an operator thereof: to  comply  with  traffic-control  indi-
    43  cations in violation of subdivision (d) of section eleven hundred eleven
    44  of  this  chapter through the installation and operation of traffic-con-
    45  trol signal photo violation-monitoring systems, in accordance with arti-
    46  cle twenty-four of this chapter; or to comply with certain posted  maxi-
    47  mum  speed  limits in violation of subdivision (b), (c), (d), (f) or (g)
    48  of section eleven hundred eighty of this chapter through  the  installa-
    49  tion  and  operation  of  photo  speed  violation monitoring systems, in
    50  accordance with article thirty of this chapter; or to  comply  with  bus
    51  lane  restrictions  as  defined  by  article twenty-four of this chapter
    52  through the installation and operation of bus  lane  photo  devices,  in
    53  accordance  with  article twenty-four of this chapter; or to comply with
    54  toll collection regulations of certain public  authorities  through  the
    55  installation  and  operation  of photo-monitoring systems, in accordance
    56  with the provisions of section two thousand nine hundred eighty-five  of

        A. 2316--A                          7
 
     1  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     2  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     3  hundred  fifty;  or  to  stop  for  a school bus displaying a red visual
     4  signal in violation of section eleven hundred seventy-four of this chap-
     5  ter through the installation and operation of school bus photo violation
     6  monitoring systems, in accordance with article twenty-nine of this chap-
     7  ter;  or  to  comply  with  gross  vehicle  weight  and/or  axle  weight
     8  restrictions in violation of section three hundred eighty-five  of  this
     9  chapter and the rules of the department of transportation of the city of
    10  New  York  through  the  installation  and  operation of weigh in motion
    11  violation monitoring systems, in accordance with  article  ten  of  this
    12  chapter.
    13    §  4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    14  law are REPEALED and two new subdivisions 1 and 1-a are added to read as
    15  follows:
    16    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    17  violation  enters a plea of not guilty; or a person alleged to be liable
    18  in accordance with any provisions of law  specifically  authorizing  the
    19  imposition  of  monetary liability on the owner of a vehicle for failure
    20  of an operator thereof: to comply with  traffic-control  indications  in
    21  violation  of  subdivision  (d) of section eleven hundred eleven of this
    22  chapter through the installation and operation of traffic-control signal
    23  photo violation-monitoring systems, in accordance with  article  twenty-
    24  four  of  this  chapter;  or to comply with certain posted maximum speed
    25  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
    26  eleven hundred eighty of this chapter through the installation and oper-
    27  ation  of  photo  speed violation monitoring systems, in accordance with
    28  article thirty of this chapter; or to comply with bus lane  restrictions
    29  as  defined by article twenty-four of this chapter through the installa-
    30  tion and operation of bus lane photo devices, in accordance with article
    31  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    32  lations of certain public authorities through the installation and oper-
    33  ation  of photo-monitoring systems, in accordance with the provisions of
    34  section two thousand nine hundred eighty-five of the public  authorities
    35  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    36  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    37  for  a school bus displaying a red visual signal in violation of section
    38  eleven hundred seventy-four of this chapter through the installation and
    39  operation of school bus photo violation monitoring systems,  in  accord-
    40  ance  with  article twenty-nine of this chapter; or to comply with gross
    41  vehicle weight and/or axle weight restrictions in violation  of  section
    42  three  hundred  eighty-five of this chapter and the rules of the depart-
    43  ment of transportation of the city of New York through the  installation
    44  and  operation  of  weigh  in  motion  violation  monitoring systems, in
    45  accordance with article ten of this chapter, contests  such  allegation,
    46  the  bureau  shall  advise  such person personally by such form of first
    47  class mail as the director may direct of the date on  which  he  or  she
    48  must  appear  to answer the charge at a hearing. The form and content of
    49  such notice of hearing shall be prescribed by the  director,  and  shall
    50  contain  a  warning  to advise the person so pleading or contesting that
    51  failure to appear on the date designated, or on any subsequent adjourned
    52  date, shall be deemed an admission of  liability,  and  that  a  default
    53  judgment may be entered thereon.
    54    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    55  entered, or the bureau has been notified that an allegation of liability
    56  in accordance with provisions of law specifically authorizing the  impo-

        A. 2316--A                          8
 
     1  sition of monetary liability on the owner of a vehicle for failure of an
     2  operator   thereof:   to  comply  with  traffic-control  indications  in
     3  violation of subdivision (d) of section eleven hundred  eleven  of  this
     4  chapter through the installation and operation of traffic-control signal
     5  photo  violation-monitoring  systems, in accordance with article twenty-
     6  four of this chapter; or to comply with  certain  posted  maximum  speed
     7  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
     8  eleven hundred eighty of this chapter through the installation and oper-
     9  ation of photo speed violation monitoring systems,  in  accordance  with
    10  article  thirty of this chapter; or to comply with bus lane restrictions
    11  as defined by article twenty-four of this chapter through the  installa-
    12  tion and operation of bus lane photo devices, in accordance with article
    13  twenty-four  of  this  chapter;  or to comply with toll collection regu-
    14  lations of certain public authorities through the installation and oper-
    15  ation of photo-monitoring systems, in accordance with the provisions  of
    16  section  two thousand nine hundred eighty-five of the public authorities
    17  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    18  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    19  for a school bus displaying a red visual signal in violation of  section
    20  eleven hundred seventy-four of this chapter through the installation and
    21  operation  of  school bus photo violation monitoring systems, in accord-
    22  ance with article twenty-nine of this chapter; or to comply  with  gross
    23  vehicle  weight  and/or axle weight restrictions in violation of section
    24  three hundred eighty-five of this chapter and the rules of  the  depart-
    25  ment  of transportation of the city of New York through the installation
    26  and operation of  weigh  in  motion  violation  monitoring  systems,  in
    27  accordance  with  article  ten of this chapter, is being contested, by a
    28  person in a timely fashion and  a  hearing  upon  the  merits  has  been
    29  demanded,  but  has  not  yet  been held, the bureau shall not issue any
    30  notice of fine or penalty to that person prior to the date of the  hear-
    31  ing.
    32    § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    33  and traffic law are REPEALED and two new paragraphs a and g are added to
    34  read as follows:
    35    a. Every hearing for the adjudication of a charge of parking violation
    36  or an allegation of liability of an owner for a violation of subdivision
    37  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    38  a  local  law or ordinance imposing monetary liability on the owner of a
    39  vehicle for failure of an operator thereof to comply  with  traffic-con-
    40  trol  indications through the installation and operation of traffic-con-
    41  trol signal photo violation-monitoring systems, in accordance with arti-
    42  cle twenty-four of this chapter, or an allegation  of  liability  of  an
    43  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    44  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    45  demonstration  program  imposing  monetary  liability  on the owner of a
    46  vehicle for failure of an operator thereof to comply with certain posted
    47  maximum speed limits through the installation  and  operation  of  photo
    48  speed violation monitoring systems, in accordance with article thirty of
    49  this  chapter, or an allegation of liability of an owner for a violation
    50  of bus lane restrictions as defined by article twenty-four of this chap-
    51  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    52  liability  on  the owner of a vehicle for failure of an operator thereof
    53  to comply with such bus lane restrictions through the  installation  and
    54  operation  of bus lane photo devices, in accordance with article twenty-
    55  four of this chapter, or an allegation of liability of an  owner  for  a
    56  violation  of  toll  collection  regulations  imposed  by certain public

        A. 2316--A                          9
 
     1  authorities pursuant to the law authorizing such public  authorities  to
     2  impose  monetary  liability  on the owner of a vehicle for failure of an
     3  operator thereof to comply with  toll  collection  regulations  of  such
     4  public authorities through the installation and operation of photo-moni-
     5  toring  systems,  in accordance with the provisions of section two thou-
     6  sand nine hundred eighty-five of the public authorities law and sections
     7  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     8  of the laws of nineteen hundred fifty, or an allegation of liability  of
     9  an  owner for a violation of section eleven hundred seventy-four of this
    10  chapter when meeting a school bus marked and  equipped  as  provided  in
    11  subdivisions  twenty  and twenty-one-c of section three hundred seventy-
    12  five of this chapter imposed pursuant to a local law or ordinance impos-
    13  ing monetary liability on the owner of a vehicle for failure of an oper-
    14  ator thereof to comply with school bus red visual  signals  through  the
    15  installation  and  operation  of  school  bus photo violation monitoring
    16  systems, in accordance with article twenty-nine of this chapter,  or  an
    17  allegation  of  liability  of  an owner for a violation of section three
    18  hundred eighty-five of this chapter and the rules of the  department  of
    19  transportation  of  the  city  of  New York in relation to gross vehicle
    20  weight and/or axle weight violations imposed  pursuant  to  a  weigh  in
    21  motion demonstration program imposing monetary liability on the owner of
    22  a  vehicle  for failure of an operator thereof to comply with such gross
    23  vehicle weight and/or axle weight restrictions through the  installation
    24  and  operation  of  weigh  in  motion  violation  monitoring systems, in
    25  accordance with article ten of this chapter,  shall  be  held  before  a
    26  hearing examiner in accordance with rules and regulations promulgated by
    27  the bureau.
    28    g. A record shall be made of a hearing on a plea of not guilty or of a
    29  hearing  at  which  liability  in  accordance with any provisions of law
    30  specifically authorizing the imposition of  monetary  liability  on  the
    31  owner  of  a  vehicle for failure of an operator thereof: to comply with
    32  traffic-control indications in violation of subdivision (d)  of  section
    33  eleven hundred eleven of this chapter through the installation and oper-
    34  ation  of  traffic-control signal photo violation-monitoring systems, in
    35  accordance with article twenty-four of  this  chapter;  to  comply  with
    36  certain  posted  maximum  speed  limits in violation of subdivision (b),
    37  (c), (d), (f) or (g) of section eleven hundred eighty  of  this  chapter
    38  through the installation and operation of photo speed violation monitor-
    39  ing  systems,  in  accordance  with  article  thirty of this chapter; to
    40  comply with bus lane restrictions as defined by article  twenty-four  of
    41  this  chapter  through  the installation and operation of bus lane photo
    42  devices, in accordance with article  twenty-four  of  this  chapter;  to
    43  comply  with  toll  collection regulations of certain public authorities
    44  through the installation and operation of photo-monitoring  systems,  in
    45  accordance  with  the  provisions  of  section two thousand nine hundred
    46  eighty-five of  the  public  authorities  law  and  sections  sixteen-a,
    47  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    48  laws of nineteen hundred fifty; to stop for a school  bus  displaying  a
    49  red visual signal in violation of section eleven hundred seventy-four of
    50  this  chapter through the installation and operation of school bus photo
    51  violation monitoring systems, in accordance with article twenty-nine  of
    52  this  chapter, or to comply with gross vehicle weight and/or axle weight
    53  restrictions in violation of section three hundred eighty-five  of  this
    54  chapter and the rules of the department of transportation of the city of
    55  New  York  through  the  installation  and  operation of weigh in motion
    56  violation monitoring systems, in accordance with  article  ten  of  this

        A. 2316--A                         10
 
     1  chapter,  is  contested. Recording devices may be used for the making of
     2  the record.
     3    §  6.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
     4  law are REPEALED and two new subdivisions 1 and 2 are added to  read  as
     5  follows:
     6    1.  The  hearing  examiner  shall make a determination on the charges,
     7  either sustaining or dismissing them. Where the hearing examiner  deter-
     8  mines  that the charges have been sustained he or she may examine either
     9  the  prior  parking  violations  record  or  the  record  of liabilities
    10  incurred in accordance with any provisions of law specifically authoriz-
    11  ing the imposition of monetary liability on the owner of a  vehicle  for
    12  failure  of  an  operator  thereof: to comply with traffic-control indi-
    13  cations in violation of subdivision (d) of section eleven hundred eleven
    14  of this chapter through the installation and operation  of  traffic-con-
    15  trol  signal  photo  violation-monitoring  systems,  in  accordance with
    16  article twenty-four of this chapter; to comply with certain posted maxi-
    17  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    18  of section eleven  hundred  eighty  of  this chapter through the instal-
    19  lation  and  operation  of  photo speed violation monitoring systems, in
    20  accordance with article thirty of this chapter; to comply with bus  lane
    21  restrictions  as  defined by article twenty-four of this chapter through
    22  the installation and operation of bus lane photo devices, in  accordance
    23  with  article  twenty-four  of  this  chapter;  to  comply  with    toll
    24  collection regulations of certain public authorities through the instal-
    25  lation and operation of photo-monitoring systems, in accordance with the
    26  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    27  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    28  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    29  fifty;  to  stop  for  a  school  bus  displaying a red visual signal in
    30  violation of section eleven hundred seventy-four of this chapter through
    31  the installation and operation of school bus photo violation  monitoring
    32  systems,  in  accordance with article twenty-nine of this chapter; or to
    33  comply with gross vehicle weight  and/or  axle  weight  restrictions  in
    34  violation  of  section three hundred eighty-five of this chapter and the
    35  rules of the department of  transportation  of  the  city  of  New  York
    36  through  the  installation  and  operation  of weigh in motion violation
    37  monitoring systems, in accordance with article ten of this  chapter,  of
    38  the  person  charged,  as applicable prior to rendering a final determi-
    39  nation. Final  determinations  sustaining or dismissing charges shall be
    40  entered on a final  determination  roll  maintained  by    the    bureau
    41  together with records showing payment and nonpayment of penalties.
    42    2.  Where  an operator or owner fails to enter a plea to a charge of a
    43  parking violation or contest an allegation of  liability  in  accordance
    44  with  any  provisions  of law specifically authorizing the imposition of
    45  monetary  liability on the owner of a vehicle for failure of an operator
    46  thereof: to comply with  traffic-control  indications  in  violation  of
    47  subdivision (d) of section eleven hundred eleven of this chapter through
    48  the  installation  and  operation of traffic-control signal photo viola-
    49  tion-monitoring systems, in accordance with article twenty-four of  this
    50  chapter;  to  comply  with  certain  posted  maximum   speed   limits in
    51  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    52  hundred eighty of this chapter through the installation and operation of
    53  photo    speed  violation monitoring systems, in accordance with article
    54  thirty of this chapter; to comply with bus lane restrictions as  defined
    55  by  article  twenty-four  of  this  chapter through the installation and
    56  operation of bus lane photo devices, in accordance with article  twenty-

        A. 2316--A                         11

     1  four  of  this  chapter;  to  comply with toll collection regulations of
     2  certain public authorities through the  installation  and  operation  of
     3  photo-monitoring  systems,  in accordance with the provisions of section
     4  two  thousand nine hundred eighty-five of the public authorities law and
     5  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
     6  seventy-four of the laws of nineteen hundred fifty; to stop for a school
     7  bus  displaying  a  red  visual  signal  in  violation of section eleven
     8  hundred seventy-four of this chapter through the installation and opera-
     9  tion of school bus photo violation  monitoring  systems,  in  accordance
    10  with  article twenty-nine of this chapter; or to comply with gross vehi-
    11  cle weight and/or axle weight restrictions in violation of section three
    12  hundred eighty-five of this chapter and the rules of the  department  of
    13  transportation  of  the  city  of  New York through the installation and
    14  operation of weigh in motion violation monitoring systems, in accordance
    15  with article ten of this chapter; or fails to  appear  on  a  designated
    16  hearing  date   or  subsequent  adjourned  date or fails after a hearing
    17  to comply with the determination of a hearing  examiner,  as  prescribed
    18  by this article or by rule or regulation of the bureau, such failure  to
    19  plead  or contest,  appear  or comply shall be deemed, for all purposes,
    20  an admission of liability and shall be grounds   for    rendering    and
    21  entering  a  default   judgment   in an amount provided by the rules and
    22  regulations of the  bureau.  However,  after  the  expiration   of   the
    23  original  date prescribed   for  entering  a  plea  and before a default
    24  judgment may be rendered, in such case the  bureau  shall  pursuant   to
    25  the  applicable  provisions   of   law notify such operator or owner, by
    26  such form of first class mail as the commission may direct; (1)  of  the
    27  violation  charged,  or liability   alleged in   accordance   with   any
    28  provisions of law specifically authorizing the  imposition  of  monetary
    29  liability  on the owner of a vehicle for failure of an operator thereof:
    30  to comply  with traffic-control indications in violation of  subdivision
    31  (d)  of  section  eleven  hundred  eleven  of this chapter through   the
    32  installation and operation of traffic-control  signal  photo  violation-
    33  monitoring  systems,  in  accordance  with  article  twenty-four of this
    34  chapter;   to  comply  with  certain  posted  maximum  speed  limits  in
    35  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    36  hundred eighty of this chapter through the installation and operation of
    37  photo speed violation monitoring systems,  in  accordance  with  article
    38  thirty  of this chapter; to comply with bus lane restrictions as defined
    39  by article twenty-four of this  chapter  through  the  installation  and
    40  operation  of bus lane photo devices, in accordance with article twenty-
    41  four of this chapter; to comply with toll collection   regulations    of
    42  certain  public  authorities  through  the installation and operation of
    43  photo-monitoring systems, in accordance with the provisions  of  section
    44  two  thousand nine hundred eighty-five of the public authorities law and
    45  sections sixteen-a, sixteen-b  and sixteen-c of  chapter  seven  hundred
    46  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    47  bus  displaying  a  red  visual  signal  in  violation of section eleven
    48  hundred seventy-four of this chapter through the installation and opera-
    49  tion of school bus photo violation  monitoring  systems,  in  accordance
    50  with  article twenty-nine of this chapter; or to comply with gross vehi-
    51  cle weight and/or axle weight restrictions in violation of section three
    52  hundred eighty-five of this chapter and the rules of the  department  of
    53  transportation  of  the  city  of  New York through the installation and
    54  operation of weigh in motion violation monitoring systems, in accordance
    55  with article ten of this chapter, (2) of the impending default judgment,
    56  (3) that such judgment will be entered in the Civil Court of the city in

        A. 2316--A                         12
 
     1  which the bureau has been established, or other court of civil jurisdic-
     2  tion or any other place provided for the entry of civil judgments within
     3  the state of New York, and (4) that a default may be avoided by entering
     4  a  plea or contesting an allegation of liability  in accordance with any
     5  provisions of law specifically authorizing the  imposition  of  monetary
     6  liability  on the owner of a vehicle for failure of an operator thereof:
     7  to  comply  with  traffic-control indications  in violation of  subdivi-
     8  sion  (d)  of  section eleven hundred eleven of this chapter through the
     9  installation and operation of traffic-control  signal  photo  violation-
    10  monitoring  systems,  in  accordance with   article twenty-four of  this
    11  chapter;   to comply   with  certain  posted  maximum  speed  limits  in
    12  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    13  hundred eighty of this chapter through the   installation and  operation
    14  of   photo  speed violation monitoring systems, in accordance with arti-
    15  cle thirty of this chapter; to comply  with  bus  lane  restrictions  as
    16  defined  by article twenty-four of this chapter through the installation
    17  and operation of bus lane photo  devices,  in  accordance  with  article
    18  twenty-four  of this chapter; to comply with toll collection regulations
    19  of certain public authorities through the installation and operation  of
    20  photo-monitoring  systems, in accordance with  the provisions of section
    21  two thousand nine hundred eighty-five of the public authorities law  and
    22  sections  sixteen-a,  sixteen-b   and sixteen-c of chapter seven hundred
    23  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    24  bus displaying a red  visual  signal  in  violation  of  section  eleven
    25  hundred seventy-four of this chapter through the installation and opera-
    26  tion  of  school  bus  photo violation monitoring systems, in accordance
    27  with article twenty-nine of this chapter; or to comply with gross  vehi-
    28  cle weight and/or axle weight restrictions in violation of section three
    29  hundred  eighty-five  of this chapter and the rules of the department of
    30  transportation of the city of New  York  through  the  installation  and
    31  operation of weigh in motion violation monitoring systems, in accordance
    32  with  article ten of this chapter; or making an appearance within thirty
    33  days of the sending  of  such  notice.  Pleas  entered  and  allegations
    34  contested  within  that  period shall be in the manner prescribed in the
    35  notice and not subject to additional penalty  or  fee.  Such  notice  of
    36  impending default  judgment shall not be required prior to the rendering
    37  and  entry  thereof in the case of operators or owners who are non-resi-
    38  dents of the state of New York. In no case shall a default  judgment  be
    39  rendered  or,  where required, a notice of impending default judgment be
    40  sent, more than two years after the expiration of  the  time  prescribed
    41  for  entering  a  plea  or  contesting  an allegation. When a person has
    42  demanded a hearing, no fine or penalty shall be imposed for any  reason,
    43  prior  to the holding of the hearing. If the hearing examiner shall make
    44  a determination on the charges, sustaining   them,    he  or  she  shall
    45  impose  no  greater penalty or fine than those upon which the person was
    46  originally charged.
    47    § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
    48  traffic  law  is  REPEALED  and  a  new  paragraph a is added to read as
    49  follows:
    50    a. (i) If at the time of application for  a  registration  or  renewal
    51  thereof  there  is  a  certification  from  a  court, parking violations
    52  bureau, traffic and parking violations agency or administrative tribunal
    53  of appropriate jurisdiction that the registrant or his or her  represen-
    54  tative  failed  to appear on the return date or any subsequent adjourned
    55  date or failed to comply with the rules and regulations of  an  adminis-
    56  trative  tribunal  following  entry of a final decision in response to a

        A. 2316--A                         13
 
     1  total of three or more summonses or  other  process  in  the  aggregate,
     2  issued  within  an eighteen month period, charging either that: (i) such
     3  motor vehicle was parked, stopped or standing, or that such motor  vehi-
     4  cle  was operated for hire by the registrant or his or her agent without
     5  being licensed as a motor vehicle for  hire  by  the  appropriate  local
     6  authority,  in  violation of any of the provisions of this chapter or of
     7  any law, ordinance, rule or regulation made by  a  local  authority;  or
     8  (ii)  the  registrant  was  liable for a violation of subdivision (d) of
     9  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
    10  local  law  or  ordinance  imposing monetary liability on the owner of a
    11  vehicle for failure of an operator thereof to comply  with  traffic-con-
    12  trol  indications through the installation and operation of traffic-con-
    13  trol signal photo violation-monitoring systems, in accordance with arti-
    14  cle twenty-four of this chapter; or (iii) the registrant was liable  for
    15  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    16  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    17  program  imposing monetary liability on the owner of a vehicle for fail-
    18  ure of an operator thereof to comply  with  such  posted  maximum  speed
    19  limits  through  the installation and operation of photo speed violation
    20  monitoring systems, in accordance with article thirty of  this  chapter;
    21  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    22  restrictions as defined by article twenty-four of this  chapter  imposed
    23  pursuant  to  a bus rapid transit program imposing monetary liability on
    24  the owner of a vehicle for failure of an operator thereof to comply with
    25  such bus lane restrictions through the installation and operation of bus
    26  lane photo devices, in accordance with article twenty-four of this chap-
    27  ter; or (v) the registrant was liable for a violation of section  eleven
    28  hundred  seventy-four  of  this chapter when meeting a school bus marked
    29  and equipped as provided in  subdivisions  twenty  and  twenty-one-c  of
    30  section three hundred seventy-five of this chapter imposed pursuant to a
    31  local  law  or  ordinance  imposing monetary liability on the owner of a
    32  vehicle for failure of an operator thereof to comply with school bus red
    33  visual signals through the installation  and  operation  of  school  bus
    34  photo  violation  monitoring systems, in accordance with article twenty-
    35  nine of this chapter; or (vi) the registrant was liable for a  violation
    36  of  section  three  hundred eighty-five of this chapter and the rules of
    37  the department of transportation of the city of New York in relation  to
    38  gross vehicle weight and/or axle weight violations imposed pursuant to a
    39  weigh in motion demonstration program imposing monetary liability on the
    40  owner  of  a  vehicle  for failure of an operator thereof to comply with
    41  such gross vehicle weight and/or axle weight  restrictions  through  the
    42  installation  and  operation  of  weigh  in  motion violation monitoring
    43  systems, in accordance with article ten of this chapter, the commission-
    44  er or his or her agent shall deny the registration or  renewal  applica-
    45  tion  until  the  applicant  provides  proof from the court, traffic and
    46  parking violations agency or administrative tribunal wherein the charges
    47  are pending that an appearance or answer has been made or in the case of
    48  an administrative tribunal that he or she has complied  with  the  rules
    49  and  regulations  of  said tribunal following entry of a final decision.
    50  Where an application is denied pursuant to this section, the commission-
    51  er may, in his or her discretion, deny a registration or renewal  appli-
    52  cation to any other person for the same vehicle and may deny a registra-
    53  tion  or  renewal  application for any other motor vehicle registered in
    54  the name of the applicant where the  commissioner  has  determined  that
    55  such registrant's intent has been to evade the purposes of this subdivi-
    56  sion  and  where the commissioner has reasonable grounds to believe that

        A. 2316--A                         14
 
     1  such registration or renewal will  have  the  effect  of  defeating  the
     2  purposes  of  this subdivision.  Such denial shall only remain in effect
     3  as long as the summonses remain unanswered, or in the case of an  admin-
     4  istrative  tribunal,  the  registrant fails to comply with the rules and
     5  regulations following entry of a final decision.
     6    (ii) For purposes of this paragraph, the term "motor vehicle  operated
     7  for  hire" shall mean and include a taxicab, livery, coach, limousine or
     8  tow truck.
     9    § 8. The opening paragraph and  paragraph  (c)  of  subdivision  1  of
    10  section  1809  of  the vehicle and traffic law, as separately amended by
    11  section 10 of chapter 145 and section 9 of chapter 148 of  the  laws  of
    12  2019, are amended to read as follows:
    13    Whenever  proceedings in an administrative tribunal or a court of this
    14  state result in a conviction for an offense  under  this  chapter  or  a
    15  traffic  infraction  under this chapter, or a local law, ordinance, rule
    16  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    17  infraction  involving  standing,  stopping,  or parking or violations by
    18  pedestrians or bicyclists[, or other than an adjudication  of  liability
    19  of an owner for a violation of subdivision (d) of section eleven hundred
    20  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    21  eleven-a of this chapter, or other than an adjudication of liability  of
    22  an  owner  for  a violation of subdivision (d) of section eleven hundred
    23  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    24  eleven-b  of  this  chapter, or other than an adjudication in accordance
    25  with section eleven hundred eleven-c of this chapter for a violation  of
    26  a  bus  lane  restriction  as  defined in such section, or other than an
    27  adjudication of liability of an owner for a violation of subdivision (d)
    28  of section eleven hundred eleven of  this  chapter  in  accordance  with
    29  section  eleven hundred eleven-d of this chapter, or other than an adju-
    30  dication of liability of an owner for a violation  of  subdivision  (b),
    31  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    32  accordance  with  section  eleven  hundred  eighty-b of this chapter, or
    33  other than an adjudication of liability of an owner for a  violation  of
    34  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
    35  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
    36  other  than  an adjudication of liability of an owner for a violation of
    37  section eleven hundred seventy-four of this chapter in  accordance  with
    38  section  eleven hundred seventy-four-a of this chapter, or other than an
    39  adjudication of liability of an owner for  a  violation  of  subdivision
    40  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    41  ter in accordance with section eleven hundred eighty-d of this chapter,]
    42  and  except  as otherwise provided by subdivision one-a of this section,
    43  there shall be levied a crime victim  assistance  fee  and  a  mandatory
    44  surcharge,  in addition to any sentence required or permitted by law, in
    45  accordance with the following schedule:
    46    (c) Whenever proceedings in an administrative tribunal or a  court  of
    47  this  state  result  in  a  conviction for an offense under this chapter
    48  other than a crime pursuant to section eleven hundred ninety-two of this
    49  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    50  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    51  than a traffic infraction involving standing, stopping,  or  parking  or
    52  violations  by pedestrians or bicyclists[, or other than an adjudication
    53  of liability of an owner for a violation of subdivision (d)  of  section
    54  eleven  hundred eleven of this chapter in accordance with section eleven
    55  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    56  liability  of  an  owner  for  a violation of subdivision (d) of section

        A. 2316--A                         15

     1  eleven hundred eleven of this chapter in accordance with section  eleven
     2  hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
     3  liability of an owner for a violation  of  subdivision  (d)  of  section
     4  eleven  hundred eleven of this chapter in accordance with section eleven
     5  hundred eleven-d of this chapter, or other than an  infraction  pursuant
     6  to article nine of this chapter or other than an adjudication of liabil-
     7  ity  of an owner for a violation of toll collection regulations pursuant
     8  to section two thousand nine hundred eighty-five of the public  authori-
     9  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    10  hundred seventy-four of the laws of nineteen hundred fifty or other than
    11  an  adjudication  in  accordance with section eleven hundred eleven-c of
    12  this chapter for a violation of a bus lane  restriction  as  defined  in
    13  such section, or other than an adjudication of liability of an owner for
    14  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    15  hundred eighty of this chapter in accordance with section eleven hundred
    16  eighty-b of this chapter, or other than an adjudication of liability  of
    17  an  owner  for  a violation of subdivision (d) of section eleven hundred
    18  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    19  eleven-e  of this chapter, or other than an adjudication of liability of
    20  an owner for a violation of section eleven hundred seventy-four of  this
    21  chapter in accordance with section eleven hundred seventy-four-a of this
    22  chapter,  or  other  than an adjudication of liability of an owner for a
    23  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    24  hundred eighty of this chapter in accordance with section eleven hundred
    25  eighty-d  of this chapter,] and except as otherwise provided by subdivi-
    26  sion one-a of this section, there shall be levied a crime victim assist-
    27  ance fee in the amount of five dollars and  a  mandatory  surcharge,  in
    28  addition  to any sentence required or permitted by law, in the amount of
    29  fifty-five dollars.
    30    § 8-a. The opening paragraph and paragraph (c)  of  subdivision  1  of
    31  section 1809 of the vehicle and traffic law, as amended by section 10 of
    32  chapter 145 of the laws of 2019, are amended to read as follows:
    33    Whenever  proceedings in an administrative tribunal or a court of this
    34  state result in a conviction for an offense  under  this  chapter  or  a
    35  traffic  infraction  under this chapter, or a local law, ordinance, rule
    36  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    37  infraction  involving  standing,  stopping,  or parking or violations by
    38  pedestrians or bicyclists[, or other than an adjudication  of  liability
    39  of an owner for a violation of subdivision (d) of section eleven hundred
    40  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    41  eleven-a of this chapter, or other than an adjudication of liability  of
    42  an  owner  for  a violation of subdivision (d) of section eleven hundred
    43  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    44  eleven-b  of  this  chapter, or other than an adjudication in accordance
    45  with section eleven hundred eleven-c of this chapter for a violation  of
    46  a  bus  lane  restriction  as  defined in such section, or other than an
    47  adjudication of liability of an owner for a violation of subdivision (d)
    48  of section eleven hundred eleven of  this  chapter  in  accordance  with
    49  section  eleven hundred eleven-d of this chapter, or other than an adju-
    50  dication of liability of an owner for a violation  of  subdivision  (b),
    51  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    52  accordance  with  section  eleven  hundred  eighty-b of this chapter, or
    53  other than an adjudication of liability of an owner for a  violation  of
    54  subdivision  (d)  of  section  eleven  hundred eleven of this chapter in
    55  accordance with section eleven hundred  eleven-e  of  this  chapter,  or
    56  other  than  an adjudication of liability of an owner for a violation of

        A. 2316--A                         16

     1  section eleven hundred seventy-four of this chapter in  accordance  with
     2  section  eleven  hundred  seventy-four-a of this chapter,] and except as
     3  otherwise provided by subdivision one-a of this section, there shall  be
     4  levied a crime victim assistance fee and a mandatory surcharge, in addi-
     5  tion  to  any  sentence required or permitted by law, in accordance with
     6  the following schedule:
     7    (c) Whenever proceedings in an administrative tribunal or a  court  of
     8  this  state  result  in  a  conviction for an offense under this chapter
     9  other than a crime pursuant to section eleven hundred ninety-two of this
    10  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    11  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    12  than a traffic infraction involving standing, stopping,  or  parking  or
    13  violations  by pedestrians or bicyclists[, or other than an adjudication
    14  of liability of an owner for a violation of subdivision (d)  of  section
    15  eleven  hundred eleven of this chapter in accordance with section eleven
    16  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    17  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 of
    20  liability of an owner for a violation  of  subdivision  (d)  of  section
    21  eleven  hundred eleven of this chapter in accordance with section eleven
    22  hundred eleven-d of this chapter, or other than an  infraction  pursuant
    23  to article nine of this chapter or other than an adjudication of liabil-
    24  ity  of an owner for a violation of toll collection regulations pursuant
    25  to section two thousand nine hundred eighty-five of the public  authori-
    26  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    27  hundred seventy-four of the laws of nineteen hundred fifty or other than
    28  an  adjudication  in  accordance with section eleven hundred eleven-c of
    29  this chapter for a violation of a bus lane  restriction  as  defined  in
    30  such section, or other than an adjudication of liability of an owner for
    31  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    32  hundred eighty of this chapter in accordance with section eleven hundred
    33  eighty-b of this chapter, or other than an adjudication of liability  of
    34  an  owner  for  a violation of subdivision (d) of section eleven hundred
    35  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    36  eleven-e  of this chapter, or other than an adjudication of liability of
    37  an owner for a violation of section eleven hundred seventy-four of  this
    38  chapter in accordance with section eleven hundred seventy-four-a of this
    39  chapter,]  and except as otherwise provided by subdivision one-a of this
    40  section, there shall be levied a crime  victim  assistance  fee  in  the
    41  amount  of  five  dollars  and a mandatory surcharge, in addition to any
    42  sentence required or permitted by  law,  in  the  amount  of  fifty-five
    43  dollars.
    44    §  8-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    45  as separately amended by section 10-a of chapter 145 and section 9-a  of
    46  chapter 148 of the laws of 2019, is amended to read as follows:
    47    1.  Whenever  proceedings  in an administrative tribunal or a court of
    48  this state result in a conviction for a crime under this  chapter  or  a
    49  traffic  infraction  under this chapter, or a local law, ordinance, rule
    50  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    51  infraction involving standing, stopping, parking or motor vehicle equip-
    52  ment or violations by pedestrians or bicyclists[, or other than an adju-
    53  dication  of liability of an owner for a violation of subdivision (d) of
    54  section eleven hundred eleven of this chapter in accordance with section
    55  eleven hundred eleven-a of this chapter, or other than  an  adjudication
    56  of  liability  of an owner for a violation of subdivision (d) of section

        A. 2316--A                         17

     1  eleven hundred eleven of this chapter in accordance with section  eleven
     2  hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
     3  accordance with section eleven hundred eleven-c of this  chapter  for  a
     4  violation of a bus lane restriction as defined in such section, or other
     5  than  an adjudication of liability of an owner for a violation of subdi-
     6  vision (d) of section eleven hundred eleven of this chapter  in  accord-
     7  ance with section eleven hundred eleven-d of this chapter, or other than
     8  an  adjudication of liability of an owner for a violation of subdivision
     9  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    10  ter in accordance with section eleven hundred eighty-b of this  chapter,
    11  or  other  than an adjudication of liability of an owner for a violation
    12  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    13  eighty  of this chapter in accordance with section eleven hundred eight-
    14  y-d of this chapter, or other than an adjudication of  liability  of  an
    15  owner for a violation of subdivision (d) of section eleven hundred elev-
    16  en of this chapter in accordance with section eleven hundred eleven-e of
    17  this chapter, or other than an adjudication of liability of an owner for
    18  a  violation  of  section eleven hundred seventy-four of this chapter in
    19  accordance with section eleven hundred seventy-four-a of this  chapter,]
    20  and  except  as otherwise provided by subdivision one-a of this section,
    21  there shall be levied a mandatory surcharge, in addition to any sentence
    22  required or permitted by law, in the amount of twenty-five dollars.
    23    § 8-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    24  as  separately amended by section 10-b of chapter 145 and section 9-b of
    25  chapter 148 of the laws of 2019, is 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  in accordance with section eleven hundred eleven-c of this chapter for a
    32  violation of a bus lane restriction as defined in such section, or other
    33  than  an adjudication of liability of an owner for a violation of subdi-
    34  vision (d) of section eleven hundred eleven of this chapter  in  accord-
    35  ance with section eleven hundred eleven-d of this chapter, or other than
    36  an  adjudication of liability of an owner for a violation of subdivision
    37  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    38  ter in accordance with section eleven hundred eighty-d of this  chapter,
    39  or  other  than an adjudication of liability of an owner for a violation
    40  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    41  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    42  other than an adjudication of liability of an owner for a  violation  of
    43  section  eleven  hundred seventy-four of this chapter in accordance with
    44  section eleven hundred seventy-four-a of this chapter,]  and  except  as
    45  otherwise  provided by subdivision one-a of this section, there shall be
    46  levied a mandatory surcharge, in addition to any  sentence  required  or
    47  permitted by law, in the amount of seventeen dollars.
    48    §  8-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    49  as separately amended by section 10-c of chapter 145 and section 9-c  of
    50  chapter 148 of the laws of 2019, is amended to read as follows:
    51    1.  Whenever  proceedings  in an administrative tribunal or a court of
    52  this state result in a conviction for a crime under this  chapter  or  a
    53  traffic  infraction  under  this chapter other than a traffic infraction
    54  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    55  violations  by pedestrians or bicyclists[, or other than an adjudication
    56  of liability of an owner for a violation of subdivision (b),  (c),  (d),

        A. 2316--A                         18

     1  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
     2  ance with section eleven hundred eighty-b of this chapter, or other than
     3  an adjudication of liability of an owner for a violation of  subdivision
     4  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
     5  ter  in accordance with section eleven hundred eighty-d of this chapter,
     6  or other than an adjudication of liability of an owner for  a  violation
     7  of  subdivision  (d) of section eleven hundred eleven of this chapter in
     8  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
     9  other  than  an adjudication of liability of an owner for a violation of
    10  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    11  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    12  other than an adjudication of liability of an owner for a  violation  of
    13  section  eleven  hundred seventy-four of this chapter in accordance with
    14  section eleven hundred seventy-four-a of this chapter,]  and  except  as
    15  otherwise  provided by subdivision one-a of this section, there shall be
    16  levied a mandatory surcharge, in addition to any  sentence  required  or
    17  permitted by law, in the amount of seventeen dollars.
    18    §  8-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    19  as separately amended by section 10-d of chapter 145 and section 9-d  of
    20  chapter 148 of the laws of 2019, is amended to read as follows:
    21    1.  Whenever  proceedings  in an administrative tribunal or a court of
    22  this state result in a conviction for a crime under this  chapter  or  a
    23  traffic  infraction  under  this chapter other than a traffic infraction
    24  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    25  violations  by pedestrians or bicyclists[, or other than an adjudication
    26  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    27  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    28  ance with section eleven hundred eighty-d of this chapter, or other than
    29  an adjudication of liability of an owner for a violation of  subdivision
    30  (d)  of section eleven hundred eleven of this chapter in accordance with
    31  section eleven hundred eleven-d of this chapter, or other than an  adju-
    32  dication  of liability of an owner for a violation of subdivision (d) of
    33  section eleven hundred eleven of this chapter in accordance with section
    34  eleven hundred eleven-e of this chapter, or other than  an  adjudication
    35  of  liability  of  an  owner  for  a violation of section eleven hundred
    36  seventy-four of this chapter in accordance with section  eleven  hundred
    37  seventy-four-a  of  this  chapter,]  and except as otherwise provided by
    38  subdivision one-a of this section, there shall  be  levied  a  mandatory
    39  surcharge,  in addition to any sentence required or permitted by law, in
    40  the amount of seventeen dollars.
    41    § 8-f. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    42  as  separately amended by section 10-f of chapter 145 and section 9-f of
    43  chapter 148 of the laws of 2019, is amended to read as follows:
    44    1. Whenever proceedings in an administrative tribunal or  a  court  of
    45  this  state  result  in a conviction for a crime under this chapter or a
    46  traffic infraction under this chapter other than  a  traffic  infraction
    47  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    48  violations by pedestrians or bicyclists[, or other than an  adjudication
    49  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    50  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    51  ance with section eleven hundred eighty-d of this chapter, or other than
    52  an  adjudication of liability of an owner for a violation of subdivision
    53  (d) of section eleven hundred eleven of this chapter in accordance  with
    54  section  eleven hundred eleven-e of this chapter, or other than an adju-
    55  dication of liability of an owner for  a  violation  of  section  eleven
    56  hundred  seventy-four  of this chapter in accordance with section eleven

        A. 2316--A                         19

     1  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
     2  provided  by  subdivision one-a of this section, there shall be levied a
     3  mandatory surcharge, in addition to any sentence required  or  permitted
     4  by law, in the amount of seventeen dollars.
     5    §  8-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     6  as separately amended by section 10-g of chapter 145 and section 9-g  of
     7  chapter 148 of the laws of 2019, is 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 other than a traffic infraction
    11  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    12  violations  by pedestrians or bicyclists[, or other than an adjudication
    13  of liability of an owner for a violation of subdivision (b), (d), (f) or
    14  (g) of section eleven hundred eighty of this chapter in accordance  with
    15  section  eleven hundred eighty-d of this chapter, or other than an adju-
    16  dication of liability of an owner for  a  violation  of  section  eleven
    17  hundred  seventy-four  of this chapter in accordance with section eleven
    18  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
    19  provided  by  subdivision one-a of this section, there shall be levied a
    20  mandatory surcharge, in addition to any sentence required  or  permitted
    21  by law, in the amount of seventeen dollars.
    22    §  8-h.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    23  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    24  of the laws of 1989, is amended to read as follows:
    25    1.  Whenever  proceedings  in an administrative tribunal or a court of
    26  this state result in a conviction for a crime under this  chapter  or  a
    27  traffic  infraction  under  this chapter other than a traffic infraction
    28  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    29  violations by pedestrians or bicyclists and except as otherwise provided
    30  by  subdivision one-a of this section, there shall be levied a mandatory
    31  surcharge, in addition to any sentence required or permitted by law,  in
    32  the amount of seventeen dollars.
    33    §  9. Section 1809 of the vehicle and traffic law is amended by adding
    34  a new subdivision 1-a to read as follows:
    35    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    36  section,  the  provisions  of  subdivision one of this section shall not
    37  apply to an adjudication of liability of owners: (a) for  violations  of
    38  subdivision (d) of section eleven hundred eleven of this chapter imposed
    39  pursuant  to a local law or ordinance imposing monetary liability on the
    40  owner of a vehicle for failure of an operator  thereof  to  comply  with
    41  traffic-control  indications  through  the installation and operation of
    42  traffic-control signal photo violation-monitoring systems, in accordance
    43  with article twenty-four of this  chapter;  or  (b)  for  violations  of
    44  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    45  of this chapter imposed pursuant to  a  demonstration  program  imposing
    46  monetary  liability on the owner of a vehicle for failure of an operator
    47  thereof to comply with such posted  maximum  speed  limits  through  the
    48  installation  and operation of photo speed violation monitoring systems,
    49  in accordance with article thirty of this chapter; or (c) for violations
    50  of bus lane restrictions as defined by article twenty-four of this chap-
    51  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    52  liability  on  the owner of a vehicle for failure of an operator thereof
    53  to comply with such bus lane restrictions through the  installation  and
    54  operation  of bus lane photo devices, in accordance with article twenty-
    55  four of this chapter; or (d) for violations  of  toll  collection  regu-
    56  lations  imposed  by  certain  public  authorities  pursuant  to the law

        A. 2316--A                         20

     1  authorizing such public authorities to impose monetary liability on  the
     2  owner  of  a  vehicle  for failure of an operator thereof to comply with
     3  toll collection regulations  of  such  public  authorities  through  the
     4  installation  and  operation  of photo-monitoring systems, in accordance
     5  with the provisions of section two thousand nine hundred eighty-five  of
     6  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     7  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     8  hundred  fifty; or (e) for violations of section eleven hundred seventy-
     9  four of this chapter when meeting a school bus marked  and  equipped  as
    10  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
    11  hundred seventy-five of this chapter imposed pursuant to a local law  or
    12  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    13  failure of an operator thereof to comply  with  school  bus  red  visual
    14  signals  through  the  installation  and  operation  of school bus photo
    15  violation monitoring systems, in accordance with article twenty-nine  of
    16  this chapter; or (f) for violations of section three hundred eighty-five
    17  of this chapter and the rules of the department of transportation of the
    18  city  of New York in relation to gross vehicle weight and/or axle weight
    19  violations imposed pursuant to a weigh in motion  demonstration  program
    20  imposing  monetary liability on the owner of a vehicle for failure of an
    21  operator thereof to comply with such gross vehicle  weight  and/or  axle
    22  weight  restrictions  through the installation and operation of weigh in
    23  motion violation monitoring systems, in accordance with article  ten  of
    24  this chapter.
    25    §  10.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    26  and traffic law is REPEALED and a new paragraph a is added  to  read  as
    27  follows:
    28    a. Notwithstanding any other provision of law, whenever proceedings in
    29  a  court  or  an  administrative  tribunal  of  this  state  result in a
    30  conviction for an offense under this chapter, except a conviction pursu-
    31  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    32  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    33  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    34  infraction involving standing, stopping, or  parking  or  violations  by
    35  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
    36  owner for a violation of subdivision (d) of section eleven hundred elev-
    37  en of this chapter imposed pursuant to a local law or ordinance imposing
    38  monetary liability on the owner of a vehicle for failure of an  operator
    39  thereof to comply with traffic-control indications through the installa-
    40  tion  and operation of traffic-control signal photo violation-monitoring
    41  systems, in accordance with article twenty-four  of  this  chapter;  and
    42  (iii) an adjudication of liability of an owner for a violation of subdi-
    43  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    44  this chapter imposed pursuant to a demonstration program imposing  mone-
    45  tary  liability  on  the  owner  of a vehicle for failure of an operator
    46  thereof to comply with such posted  maximum  speed  limits  through  the
    47  installation  and operation of photo speed violation monitoring systems,
    48  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
    49  cation of liability of an owner for a violation of bus lane restrictions
    50  as  defined by article twenty-four of this chapter imposed pursuant to a
    51  bus rapid transit program imposing monetary liability on the owner of  a
    52  vehicle  for failure of an operator thereof to comply with such bus lane
    53  restrictions through the installation and operation of  bus  lane  photo
    54  devices, in accordance with article twenty-four of this chapter; and (v)
    55  an  adjudication  of  liability  of  an  owner  for  a violation of toll
    56  collection regulations imposed by certain public authorities pursuant to

        A. 2316--A                         21
 
     1  the law authorizing such public authorities to impose monetary liability
     2  on the owner of a vehicle for failure of an operator thereof  to  comply
     3  with  toll collection regulations of such public authorities through the
     4  installation  and  operation  of photo-monitoring systems, in accordance
     5  with section two thousand nine hundred eighty-five of the public author-
     6  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
     7  seven  hundred  seventy-four  of the laws of nineteen hundred fifty; and
     8  (vi) an adjudication of liability of an owner for a violation of section
     9  eleven hundred seventy-four of this chapter when meeting  a  school  bus
    10  marked  and equipped as provided in subdivisions twenty and twenty-one-c
    11  of section three hundred seventy-five of this chapter  imposed  pursuant
    12  to  a local law or ordinance imposing monetary liability on the owner of
    13  a vehicle for failure of an operator thereof to comply with  school  bus
    14  red  visual signals through the installation and operation of school bus
    15  photo violation monitoring systems, in accordance with  article  twenty-
    16  nine of this chapter; and (vii) an adjudication of liability of an owner
    17  for a violation of section three hundred eighty-five of this chapter and
    18  the rules of the department of transportation of the city of New York in
    19  relation  to  gross vehicle weight and/or axle weight violations imposed
    20  pursuant to a weigh in motion demonstration  program  imposing  monetary
    21  liability  on  the owner of a vehicle for failure of an operator thereof
    22  to comply with such gross vehicle weight and/or axle weight restrictions
    23  through the installation and operation  of  weigh  in  motion  violation
    24  monitoring  systems,  in  accordance  with  article ten of this chapter,
    25  there shall be levied in addition to  any  sentence,  penalty  or  other
    26  surcharge required or permitted by law, an additional surcharge of twen-
    27  ty-eight dollars.
    28    §  11.  The  general  municipal law is amended by adding a new section
    29  371-a to read as follows:
    30    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    31  cation  of  certain  notices  of  liability. A traffic violations bureau
    32  established pursuant to  subdivision  one  and  a  traffic  and  parking
    33  violations  agency  established  pursuant  to subdivision two of section
    34  three hundred seventy-one of this article may be authorized  to  adjudi-
    35  cate,  in  accordance with the provisions of this article, the liability
    36  of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
    37  hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
    38  local law or ordinance imposing monetary liability on  the  owner  of  a
    39  vehicle  for  failure of an operator thereof to comply with traffic-con-
    40  trol indications through the installation and operation of  traffic-con-
    41  trol signal photo violation-monitoring systems, in accordance with arti-
    42  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    43  section  eleven hundred seventy-four of the vehicle and traffic law when
    44  meeting a school bus marked and equipped  as  provided  in  subdivisions
    45  twenty  and  twenty-one-c  of  section three hundred seventy-five of the
    46  vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
    47  imposing  monetary liability on the owner of a vehicle for failure of an
    48  operator thereof to comply with school bus red  visual  signals  through
    49  the  installation and operation of school bus photo violation monitoring
    50  systems, in accordance with article twenty-nine of the vehicle and traf-
    51  fic law.
    52    § 12. The vehicle and traffic law is amended by adding a  new  section
    53  385-a to read as follows:
    54    § 385-a. Owner liability for failure of operator to comply with weight
    55  restrictions  on  interstate route 278 in Kings county. (a) 1.  Notwith-
    56  standing any other provision of law, the city  of  New  York  is  hereby

        A. 2316--A                         22

     1  authorized  to  establish  a  weigh  in  motion demonstration program on
     2  interstate route 278 in Kings county imposing monetary liability on  the
     3  owner  of  a  vehicle  for failure of an operator thereof to comply with
     4  gross  vehicle weight and/or axle weight restrictions on such portion of
     5  such interstate in accordance with the provisions of this section.  Such
     6  demonstration  program shall empower the city of New York to install and
     7  operate up to sixteen weigh in motion violation  monitoring  systems  at
     8  any  one  time on interstate route 278 in Kings county. Such systems may
     9  be stationary or mobile and  may  be  activated  at  locations  on  such
    10  portion of such interstate as determined by the New York city department
    11  of  transportation.  The New York state department of transportation may
    12  enter into a memorandum of understanding with the New York city  depart-
    13  ment  of  transportation  for the purposes of coordinating the planning,
    14  design, installation, construction and  maintenance  of  such  weigh  in
    15  motion   demonstration  program.  Such  memorandum  shall  address,  for
    16  purposes of such demonstration program, the use of systems, devices  and
    17  other facilities owned and operated by the state.
    18    2. No weigh in motion violation monitoring system shall be used unless
    19  (i)  on  the  day  it is to be used it has undergone a self-test for the
    20  operation of such system; and (ii) it has undergone a semi-annual  cali-
    21  bration check performed pursuant to paragraph three of this subdivision.
    22  A  result  of the daily self-test for each such system shall include the
    23  date and time that the self-test was successfully performed. The city of
    24  New York shall retain each such daily self-test until the later  of  the
    25  date  on  which  the weigh in motion system to which it applies has been
    26  permanently removed from use  or  the  final  resolution  of  all  cases
    27  involving  notices of liability issued based on photographs, microphoto-
    28  graphs, video or other recorded images, and information and data  gener-
    29  ated in conjunction therewith, produced by such system.
    30    3.  Each  weigh  in motion violation monitoring system shall undergo a
    31  calibration check every six months in accordance with  American  Society
    32  for Testing and Materials (ASTM) standard specification E1318-09 (2017).
    33  If  such standard specification is revised, the New York city department
    34  of transportation shall adopt a rule to provide for the use of the  most
    35  current  version of such standard specification.  Such calibration check
    36  shall be performed by an independent calibration laboratory which  shall
    37  issue  a signed certificate of calibration on its letterhead to the city
    38  of New York. Nothing contained in this  paragraph  shall  be  deemed  to
    39  require  the signature of a notary public on such certificate.  The city
    40  shall retain each such bi-annual  certificate  of  calibration  on  file
    41  until  the  final resolution of all cases involving notices of liability
    42  issued during such six-month time period  which  were  based  on  photo-
    43  graphs,  microphotographs,  video or other recorded images, and informa-
    44  tion and data generated in conjunction therewith, produced by such weigh
    45  in motion violation monitoring system.
    46    4. The New York city department of transportation  shall  establish  a
    47  range,  according  to the manufacturer's standards and its monitoring of
    48  the system, for evaluating information and data  collected  from  sensor
    49  readings  of each weigh in motion violation monitoring system. Each such
    50  system shall be set to automatically alert such  department  of  signif-
    51  icant  variations  from  the established range during a twenty-four-hour
    52  period.  After such an alert, such system shall  be  inspected  and  any
    53  necessary adjustments shall be made. Such department shall keep a log of
    54  the  details  of  all alerts, including the date and time of such alert,
    55  the amount of variation from the established range in  such  alert,  the
    56  adjustments  made  or  actions  taken  as  a  result  of  the subsequent

        A. 2316--A                         23
 
     1  inspection, and the date and time of  such  inspection,  adjustments  or
     2  actions.
     3    5.  Weigh  in  motion  violation monitoring systems used in accordance
     4  with the weigh in motion demonstration program  authorized  pursuant  to
     5  this section shall be operated only on interstate route 278 within Kings
     6  county.
     7    6.  (i)  No  photograph,  microphotograph, videotape or other recorded
     8  image, nor any information and data generated in conjunction  therewith,
     9  shall  be  used for any purpose other than as specified in this section,
    10  except as may be otherwise provided by this paragraph.
    11    (ii) Such demonstration program shall utilize  necessary  technologies
    12  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    13  graphs, videotape or other recorded images produced  by  such  weigh  in
    14  motion  violation monitoring systems shall not include images that iden-
    15  tify the driver,  the  passengers,  or  the  contents  of  the  vehicle.
    16  Provided,  however,  that no notice of liability issued pursuant to this
    17  section shall be dismissed solely because such a photograph, microphoto-
    18  graph, videotape or other recorded image allows for  the  identification
    19  of  the  driver,  the  passengers, or the contents of vehicles where the
    20  city shows that it made reasonable efforts to comply with the provisions
    21  of this paragraph in such case.
    22    (iii) Photographs, microphotographs, videotape or any  other  recorded
    23  image,  and any information and data generated in conjunction therewith,
    24  produced by a weigh in motion violation monitoring system shall  be  for
    25  the  exclusive  use  of  the city for the purpose of the adjudication of
    26  liability imposed pursuant to this section, and of the owner receiving a
    27  notice of liability pursuant to this section, and as required by the New
    28  York city department of transportation to study the impact of overweight
    29  vehicles on interstate route 278 in Kings county and management of  such
    30  infrastructure, and shall be destroyed by the city upon the final resol-
    31  ution  of the notice of liability to which such photographs, microphoto-
    32  graphs, videotape or other recorded  images  and  information  and  data
    33  generated  in  conjunction  therewith  relate, or one year following the
    34  date of issuance of  such  notice  of  liability,  whichever  is  later.
    35  Notwithstanding  the  provisions of any other law, rule or regulation to
    36  the contrary, photographs,  microphotographs,  videotape  or  any  other
    37  recorded image, and information and data generated in conjunction there-
    38  with,  from  a  weigh in motion violation monitoring system shall not be
    39  open to the public, nor subject to civil or criminal process or  discov-
    40  ery, nor used by any court or administrative or adjudicatory body in any
    41  action  or  proceeding  therein  except  that which is necessary for the
    42  adjudication of a notice of liability issued pursuant to  this  section,
    43  and  no  public  entity  or  employee,  officer  or  agent thereof shall
    44  disclose such information, except  that  such  photographs,  microphoto-
    45  graphs, videotape or any other recorded images, and information and data
    46  generated in conjunction therewith, from such systems:
    47    (A) shall be available for inspection and copying and use by the motor
    48  vehicle  owner and operator for so long as such photographs, microphoto-
    49  graphs, videotape or other recorded images,  information  and  data  are
    50  required  to  be  maintained  or  are  maintained by such public entity,
    51  employee, officer or agent; and
    52    (B) (1) shall be furnished when described in a search  warrant  issued
    53  by a court authorized to issue such a search warrant pursuant to article
    54  six  hundred  ninety  of  the  criminal procedure law or a federal court
    55  authorized to issue such a search warrant under federal law, where  such
    56  search  warrant  states  that  there is reasonable cause to believe such

        A. 2316--A                         24
 
     1  information constitutes evidence of, or tends  to  demonstrate  that,  a
     2  misdemeanor  or  felony  offense  was committed in this state or another
     3  state, or that a particular person participated in the commission  of  a
     4  misdemeanor  or felony offense in this state or another state, provided,
     5  however, that if such offense was against the laws of another state, the
     6  court shall only issue a warrant if the conduct comprising such  offense
     7  would,  if  occurring  in this state, constitute a misdemeanor or felony
     8  against the laws of this state; and
     9    (2) shall be furnished in response to a subpoena duces tecum signed by
    10  a judge of competent jurisdiction and issued  pursuant  to  article  six
    11  hundred  ten of the criminal procedure law or a judge or magistrate of a
    12  federal court authorized to issue such  a  subpoena  duces  tecum  under
    13  federal law, where the judge finds and the subpoena states that there is
    14  reasonable cause to believe such information is relevant and material to
    15  the  prosecution,  or the defense, or the investigation by an authorized
    16  law enforcement official, of the alleged commission of a misdemeanor  or
    17  felony  in  this state or another state, provided, however, that if such
    18  offense was against the laws of another state, such judge or  magistrate
    19  shall  only  issue  such subpoena if the conduct comprising such offense
    20  would, if occurring in this state, constitute a misdemeanor or felony in
    21  this state; and
    22    (3) may, if lawfully obtained pursuant to this clause and  clause  (A)
    23  of  this subparagraph and otherwise admissible, be used in such criminal
    24  action or proceeding.
    25    (iv) The city of New York shall install  signs  in  advance  of  entry
    26  points  to  interstate  route  278  in  Kings  county  giving  notice to
    27  approaching motor vehicle operators that weigh in motion violation moni-
    28  toring systems are in use to enforce motor vehicle weight restrictions.
    29    (v) The city of New York shall  use  oversight  procedures  to  ensure
    30  compliance with the aforementioned privacy protection measures.
    31    (b) If the city of New York establishes a demonstration program pursu-
    32  ant  to subdivision (a) of this section, the owner of a vehicle shall be
    33  liable for a penalty imposed pursuant to this section  if  such  vehicle
    34  was  used  or  operated  with  the  permission  of the owner, express or
    35  implied, on interstate route 278 in Kings county in violation of section
    36  three hundred eighty-five of this article and the rules of  the  depart-
    37  ment  of  transportation  of  the  city of New York in relation to gross
    38  vehicle weight and/or axle weight, where such vehicle was traveling  ten
    39  percent  above the gross vehicle weight or twenty percent above the axle
    40  weight at the time of such violation as indicated by at least two  inde-
    41  pendently  detected gross vehicle weight and/or axle weight measurements
    42  obtained by a weigh in motion  violation  monitoring  system,  and  such
    43  violation  is  evidenced  by information obtained from a weigh in motion
    44  violation monitoring system; provided however that no owner of a vehicle
    45  shall be liable for a penalty imposed pursuant to this section where the
    46  operator of such vehicle: has been convicted of the underlying violation
    47  of section three hundred eighty-five of this article and  the  rules  of
    48  the  department of transportation of the city of New York in relation to
    49  gross vehicle weight and/or axle weight; or  operated  such  vehicle  in
    50  accordance with the terms and conditions of any overweight permit issued
    51  in accordance with this chapter and any rules and regulations promulgat-
    52  ed  thereto.    Where  a  vehicle  is in violation of both gross vehicle
    53  weight restrictions and axle weight restrictions,  the  owner  shall  be
    54  liable for a separate penalty for each such violation.
    55    (c)  For  purposes of this section, the following terms shall have the
    56  following meanings:

        A. 2316--A                         25
 
     1    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
     2  the  manual  and  specifications for a uniform system of traffic control
     3  devices maintained by the commissioner  of  transportation  pursuant  to
     4  section sixteen hundred eighty of this chapter;
     5    2.  "owner"  shall  have the meaning provided in article two-B of this
     6  chapter;
     7    3. "weigh in motion violation monitoring system" shall  mean  sensors,
     8  capable  of operating independently of an enforcement officer, installed
     9  to work in conjunction with other devices  to  capture  and  record  the
    10  gross  vehicle  weight  and  the  axle  weight of a motor vehicle, which
    11  produce at least two independently detected gross vehicle weight  and/or
    12  axle  weight  measurements  and automatically produce two or more photo-
    13  graphs, two or more microphotographs,  a  videotape  or  other  recorded
    14  images  of  each vehicle at the time it is used or operated in violation
    15  of section three hundred eighty-five of this article and  the  rules  of
    16  the  department of transportation of the city of New York in relation to
    17  gross  vehicle  weight  and/or  axle  weight,  in  accordance  with  the
    18  provisions of this section; and
    19    4.  "weigh  in  motion  demonstration  program"  shall mean the demon-
    20  stration program authorized by this section that operates exclusively on
    21  interstate route 278 in Kings county.
    22    5. "interstate route 278 in Kings county" shall mean that  portion  of
    23  interstate  route  278 specifically from the vicinity of Atlantic avenue
    24  to the vicinity of Sands street in Kings county, state of New York.
    25    6. "Rules of the department of transportation of the city of New York"
    26  shall mean rules and regulations   of the New York  city  department  of
    27  transportation  adopted pursuant to section sixteen hundred forty-two of
    28  this chapter.
    29    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    30  the  city  of New York, or a facsimile thereof, based upon inspection of
    31  photographs, microphotographs, videotape or other recorded  images,  and
    32  information  and  data generated in conjunction therewith, produced by a
    33  weigh in motion  violation  monitoring  system,  shall  be  prima  facie
    34  evidence  of  the  facts  contained  therein.  Nothing contained in this
    35  subdivision shall be deemed to require the signature of a notary  public
    36  on  such  certificate.  Any  photographs, microphotographs, videotape or
    37  other recorded images evidencing such a violation shall include an image
    38  of the motor vehicle alleged to be in violation and the information  and
    39  data  generated  in  conjunction  therewith  and  shall be available for
    40  inspection reasonably in advance of and at any proceeding to  adjudicate
    41  the liability for such violation pursuant to this section.
    42    (e)  An  owner liable for a violation of section three hundred eighty-
    43  five of this article and the rules of the department  of  transportation
    44  of  the  city  of  New  York pursuant to a weigh in motion demonstration
    45  program established pursuant to this section shall be liable  for  mone-
    46  tary penalties in accordance with separate schedules of fines and penal-
    47  ties  to  be promulgated by the parking violations bureau of the city of
    48  New York for a violation of section three hundred  eighty-five  of  this
    49  article and the rules of the department of transportation of the city of
    50  New  York  in  relation  to gross vehicle weight and/or axle weight. The
    51  liability of the owner pursuant to this section  shall  not  exceed  one
    52  thousand  dollars for each violation; provided, however, that such park-
    53  ing violations bureau may provide  for  an  additional  penalty  not  in
    54  excess  of  twenty-five  dollars  for  each violation for the failure to
    55  respond to a notice of liability within the prescribed time period.

        A. 2316--A                         26
 
     1    (f) An imposition of liability under the weigh in motion demonstration
     2  program established pursuant to this  section  shall  not  be  deemed  a
     3  conviction  as  an  operator and shall not be made part of the operating
     4  record of the person upon whom such liability is imposed nor shall it be
     5  used  for insurance purposes in the provision of motor vehicle insurance
     6  coverage.
     7    (g) 1. A notice of liability shall be sent by first class mail to each
     8  person alleged to be liable as an owner for a violation of section three
     9  hundred eighty-five of this article and the rules of the  department  of
    10  transportation  of  the  city  of  New York in relation to gross vehicle
    11  weight and/or axle weight pursuant  to  this  section,  within  fourteen
    12  business  days  if  such  owner  is  a resident of this state and within
    13  forty-five business days if  such  owner  is  a  non-resident.  Personal
    14  delivery  on  the  owner  shall  not  be required. A manual or automatic
    15  record of mailing prepared in the ordinary course of business  shall  be
    16  prima facie evidence of the facts contained therein.
    17    2.  A  notice  of  liability shall contain the name and address of the
    18  person alleged to be liable as an owner for a violation of section three
    19  hundred eighty-five of this article and the rules of the  department  of
    20  transportation  of  the  city  of  New York in relation to gross vehicle
    21  weight and/or axle weight pursuant to this section,  the  United  States
    22  department  of  transportation  number  of  the vehicle involved in such
    23  violation, the registration number  of  the  vehicle  involved  in  such
    24  violation,  the  gross  vehicle  weight and/or axle weight measured, the
    25  location where such violation took place, the  date  and  time  of  such
    26  violation,  the  identification  number of the weigh in motion violation
    27  monitoring system which recorded the violation or other document locator
    28  number, one or more date and time stamped images identifying  the  motor
    29  vehicle  and  the information and data evidencing the alleged violation,
    30  and the certificate charging the liability.
    31    3. The notice of liability  shall  contain  information  advising  the
    32  person  charged of the manner and the time in which they may contest the
    33  liability alleged in the notice. Such notice  of  liability  shall  also
    34  contain a prominent warning to advise the person charged that failure to
    35  contest  in the manner and time provided shall be deemed an admission of
    36  liability and that a default judgment may be entered thereon.
    37    4. The notice of liability shall be prepared and mailed by the city of
    38  New York, or by any other entity authorized by the city to  prepare  and
    39  mail such notice of liability.
    40    (h)  Adjudication of the liability imposed upon owners of this section
    41  shall be by the New York city parking violations bureau.
    42    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    43  section for any time period during which the vehicle or the number plate
    44  or  plates  of  such  vehicle  was  reported to the police department as
    45  having been stolen, it shall be a valid  defense  to  an  allegation  of
    46  liability  for  a violation of section three hundred eighty-five of this
    47  article and the rules of the department of transportation of the city of
    48  New York in relation to gross vehicle weight and/or axle weight pursuant
    49  to this section that the vehicle or the number plate or plates  of  such
    50  vehicle  had been reported to the police as stolen prior to the time the
    51  violation occurred and had not been recovered by such time. For purposes
    52  of asserting the defense provided  by  this  subdivision,  it  shall  be
    53  sufficient  that  a  certified  copy  of the police report on the stolen
    54  vehicle or number plate or plates of such vehicle be sent by first class
    55  mail to the New York city parking violations bureau.

        A. 2316--A                         27
 
     1    (j) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
     2  liability  was  issued pursuant to subdivision (g) of this section shall
     3  not be liable for the violation of section three hundred eighty-five  of
     4  this  article  and  the rules of the department of transportation of the
     5  city  of New York in relation to gross vehicle weight and/or axle weight
     6  pursuant to this section, provided that:
     7    (i) prior to the violation, the lessor has  filed  with  such  parking
     8  violations  bureau  in  accordance  with  the  provisions of section two
     9  hundred thirty-nine of this chapter; and
    10    (ii) within thirty-seven days after receiving notice from such  bureau
    11  of the date and time of a liability, together with the other information
    12  contained  in  the  original  notice of liability, the lessor submits to
    13  such bureau the correct name and address of the lessee  of  the  vehicle
    14  identified  in  the  notice  of liability at the time of such violation,
    15  together with such other additional information contained in the rental,
    16  lease or other contract document, as may be reasonably required by  such
    17  bureau pursuant to regulations that may be promulgated for such purpose.
    18    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    19  subdivision shall render the owner liable for the penalty prescribed  in
    20  this section.
    21    3.  Where  the lessor complies with the provisions of paragraph one of
    22  this subdivision, the lessee  of  such  vehicle  on  the  date  of  such
    23  violation  shall  be deemed to be the owner of such vehicle for purposes
    24  of this section, shall be subject to liability for such violation pursu-
    25  ant to this section and shall be sent a notice of liability pursuant  to
    26  subdivision (g) of this section.
    27    (k)  1.  If  the owner liable for a violation of section three hundred
    28  eighty-five of this article and the rules of the department of transpor-
    29  tation of the city of New York  in  relation  to  gross  vehicle  weight
    30  and/or  axle weight pursuant to this section was not the operator of the
    31  vehicle at the time of the violation, the owner may maintain  an  action
    32  for indemnification against the operator.
    33    2.  Notwithstanding any other provision of this section, no owner of a
    34  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    35  section if the operator of such vehicle was operating such vehicle with-
    36  out  the  consent  of  the owner at the time such operator operated such
    37  vehicle in violation of section three hundred eighty-five of this  arti-
    38  cle and the rules of the department of transportation of the city of New
    39  York  in  relation  to  gross  vehicle  weight  and/or  axle weight. For
    40  purposes of this subdivision there shall be a presumption that the oper-
    41  ator of such vehicle was operating such vehicle with the consent of  the
    42  owner  at  the  time such operator operated such vehicle in violation of
    43  section three hundred eighty-five of this article and the rules  of  the
    44  department  of  transportation  of  the  city of New York in relation to
    45  gross vehicle weight and/or axle weight.
    46    (l) Nothing in this section shall be construed to limit the  liability
    47  of  an  operator of a vehicle for any violation of section three hundred
    48  eighty-five of this article and the rules of the department of transpor-
    49  tation of the city of New York  in  relation  to  gross  vehicle  weight
    50  and/or axle weight.
    51    (m) If the city adopts a demonstration program pursuant to subdivision
    52  (a) of this section it shall conduct a study and submit an annual report
    53  on  the  results  of  the  use  of  weigh in motion violation monitoring
    54  systems to the governor, the temporary president of the senate  and  the
    55  speaker of the assembly on or before June first, two thousand twenty-two
    56  and  on the same date in each succeeding year in which the demonstration

        A. 2316--A                         28
 
     1  program is operable. Such city shall also post such annual report on the
     2  New York city department of transportation website.   Such report  shall
     3  include:
     4    1.  the locations where and dates when weigh in motion violation moni-
     5  toring systems were used;
     6    2. the total  number  of  trucks  weighed  and  the  total  number  of
     7  violations  recorded  by weigh in motion violation monitoring systems in
     8  accordance with this section in the aggregate on  a  daily,  weekly  and
     9  monthly basis;
    10    3.  the  total  number  of  violations  recorded  by  weigh  in motion
    11  violation monitoring systems that were  either  ten  percent  above  the
    12  gross vehicle weight or twenty percent above the axle weight;
    13    4.  the  total  number  of  notices of liability issued for violations
    14  recorded by such weigh in motion systems;
    15    5. the number of fines and total amount of fines paid after the  first
    16  notice  of  liability  issued for violations recorded by weigh in motion
    17  systems;
    18    6. the number of violations adjudicated and the results of such  adju-
    19  dications  including  breakdowns  of  dispositions  made  for violations
    20  recorded by weigh in motion systems;
    21    7. the total amount of revenue realized by the city  of  New  York  in
    22  connection with the program;
    23    8.  the  expenses  incurred by the city of New York in connection with
    24  the program;
    25    9. the quality of the adjudication process and its results; and
    26    10. the total capital amount spent  on  repair  or  reconstruction  of
    27  interstate  route 278 in Kings county and the total capital amount spent
    28  on repair or reconstruction of interstate route  278  specifically  from
    29  the vicinity of Atlantic avenue to the vicinity of Sands street in Kings
    30  county.
    31    (n)  It  shall  be  a  defense  to  any prosecution for a violation of
    32  section three hundred eighty-five of this article and the rules  of  the
    33  department  of  transportation  of  the  city of New York in relation to
    34  gross vehicle weight and/or axle weight pursuant to  this  section  that
    35  such  weigh  in motion violation monitoring system was malfunctioning at
    36  the time of the alleged violation.
    37    § 13. Subdivision 2 of section  87  of  the  public  officers  law  is
    38  amended by adding a new paragraph (r) to read as follows:
    39    (r)  are  photographs,  microphotographs,  videotape or other recorded
    40  images or information and data prepared under authority of section three
    41  hundred eighty-five-a of the vehicle and traffic law.
    42    § 14. The New York city department of transportation shall: (i)  prior
    43  to implementing a weigh in motion demonstration program as authorized by
    44  section 385-a of the vehicle and traffic law, as added by section one of
    45  this  act,  communicate  to  the  public the plan for the use of vehicle
    46  weigh in motion violation monitoring systems to enforce  vehicle  weight
    47  restrictions  so  as  to maximize awareness of such program; (ii) during
    48  the first 90 day period in which weigh in  motion  violation  monitoring
    49  systems  are in operation pursuant to the provisions of this act send by
    50  first class mail a written warning in lieu of a notice of  liability  to
    51  all  owners  of  motor vehicles who would  be held liable for failure of
    52  operators thereof to comply with section 385 of the vehicle and  traffic
    53  law and the rules of the department of transportation of the city of New
    54  York  in  relation  to gross vehicle weight and/or axle weight, together
    55  with notice of the weigh in motion demonstration program  authorized  by
    56  section  385-a of the vehicle and traffic law; and (iii) take such meas-

        A. 2316--A                         29
 
     1  ures as are necessary to implement such program prior to its implementa-
     2  tion, including promulgating any rules and regulations necessary for the
     3  implementation of this act.
     4    §  15.  The purchase or lease of equipment for a demonstration program
     5  pursuant to section 385-a of  the  vehicle  and  traffic  law  shall  be
     6  subject to the provisions of section 103 of the general municipal law.
     7    §  16. This act shall take effect immediately; provided, however, that
     8  sections twelve, thirteen, fourteen and  fifteen  shall  expire  and  be
     9  deemed repealed December 1, 2025 when upon such date the  provisions  of
    10  such  sections  shall  be  deemed  repealed;  and provided further, that
    11  notwithstanding the expiration and repeal of sections twelve,  thirteen,
    12  fourteen and fifteen of this act, any notices of liability issued pursu-
    13  ant to the demonstration program authorized pursuant to section 385-a of
    14  the  vehicle  and  traffic  law, as added by section twelve of this act,
    15  prior to the expiration date of this act may be adjudicated  after  such
    16  expiration date; and provided further, that:
    17    (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
    18  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
    19  section  eight  of  this  act  shall  not  affect the expiration of such
    20  section and shall be deemed to expire therewith, when upon such date the
    21  provisions of section eight-a of this act shall take effect;
    22    (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    23  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    24  section eight-a of this act shall not  affect  the  expiration  of  such
    25  section and shall be deemed to expire therewith, when upon such date the
    26  provisions of section eight-b of this act shall take effect;
    27    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    28  traffic  law  made  by  section eight-b of this act shall not affect the
    29  expiration of such section and shall be deemed to expire therewith, when
    30  upon such date the provisions of section eight-c of this act shall  take
    31  effect;
    32    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    33  traffic  law  made  by  section eight-c of this act shall not affect the
    34  expiration of such section and shall be deemed to expire therewith, when
    35  upon such date the provisions of section eight-d of this act shall  take
    36  effect;
    37    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    38  traffic  law  made  by  section eight-d of this act shall not affect the
    39  expiration of such section and shall be deemed to expire therewith, when
    40  upon such date the provisions of section eight-e of this act shall  take
    41  effect;
    42    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    43  traffic  law  made  by  section eight-e of this act shall not affect the
    44  expiration of such section and shall be deemed to expire therewith, when
    45  upon such date the provisions of section eight-f of this act shall  take
    46  effect;
    47    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    48  traffic  law  made  by  section eight-f of this act shall not affect the
    49  expiration of such section and shall be deemed to expire therewith, when
    50  upon such date the provisions of section eight-g of this act shall  take
    51  effect; and
    52    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    53  traffic  law  made  by  section eight-g of this act shall not affect the
    54  expiration of such section and shall be deemed to expire therewith, when
    55  upon such date the provisions of section eight-h of this act shall  take
    56  effect.
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A02316 Chamber Video/Transcript:

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