A10233 Summary:

BILL NOA10233B
 
SAME ASSAME AS S07229-B
 
SPONSORBing (MS)
 
COSPNSRKellner, Rosenthal, Gottfried, Cusick, Brook-Krasny, Benedetto, Diaz R, Lancman, Markey, Schimel, Clark, Cymbrowitz, Young, Weprin, O'Donnell, Kavanagh
 
MLTSPNSRBenjamin, Galef, Glick, Gunther, Heastie, Hoyt, Hyer-Spencer, Jeffries, Latimer, Lentol, Lifton, Millman, Pheffer, Titone, Tobacco, Weisenberg
 
Amd SS235, 236, 237, 239, 240, 241, 401 & 1809, add S1111-b, V & T L; amd S87, Pub Off L
 
Establishes in a city with a population of one million or more a bus rapid transit and bus mobility demonstration program to enforce certain restrictions on the use of bus lanes by means of bus lane photo devices.
Go to top    

A10233 Actions:

BILL NOA10233B
 
03/11/2008referred to transportation
04/30/2008amend and recommit to transportation
04/30/2008print number 10233a
06/17/2008held for consideration in transportation
06/17/2008amend and recommit to transportation
06/17/2008print number 10233b
Go to top

A10233 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A10233 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10233B
 
SPONSOR: Bing (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing in a city with a popu- lation of one million or more a bus rapid transit and bus mobility demonstration program to enforce restrictions on the use of bus lanes by means of bus lane photo devices; and providing for the repeal of such provisions upon expiration thereof   SUMMARY OF PROVISIONS: This bill amends the Vehicle and Traffic Law and the Public Officers Law to authorize the City of New York to establish a Bus Rapid Transit and Bus Mobility Demonstration Program imposing liability on the owners of motor vehicles found to be in violation of City restrictions on the use of bus lanes through the use of bus lane photo devices. Bus lane photo devices will record data by photographic, micro-graphic, video tape, digital video recorder or other recording methods and produce one or more images or sequence of video images of the motor vehicle at the time it is in violation of bus lane restrictions. The bus lane photo devices will be utilized exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program.   REASONS FOR SUPPORT: The New York City Department of Transportation in coordination with the New York State Department of Transportation and MTA New York City Trans- it Authority is implementing a Bus Rapid Transit and Bus Mobility Demon- stration Program. This program will provide faster, more reliable, and more attractive bus service throughout the City, using 'a variety of techniques, including but not limited to upgraded signage, enhanced markings of bus lanes and traffic signals that give buses priority. The Bus Rapid Transit and Bus Mobility Demonstration Program will provide New Yorkers and visitors to the City with new and high performance tran- sit options. These options are necessary given the 53% rise in bus ridership in the City over the past 30 years and the subsequent reduction in bus speeds due to increased traffic. The Bus Rapid Transit and Bus Mobility Demonstration Program will consist of improvements to various bus routes; however, the use of bus lane photo devices shall be limited to cover no more than 50 miles of bus lanes and shall operate only on weekdays from 7:00 am to 7:00 pm. To ensure the success of the Bus Rapid Transit and Bus Mobility Demon- stration Program, it is imperative that the designated bus lanes remain free of unauthorized motor . vehicles. This legislation will enhance the enforcement efforts of the New York City Police Department as the program operates in much the same manner as the City's Red Light Camera Program which has successfully reduced the incidence of red light violations. Technology will be used to capture photos or videos of vehi- cles that are in violation of the City's rules regarding bus lane restrictions, which specifically preclude motor vehicles from standing, parking or driving within a bus lane. The images taken will then be used as evidence in a proceeding to impose liability on the owner of the vehicle. The equipment may consist of fixed-location units, mobile units which can be moved around to various locations, and/or units mounted on the buses themselves. The cameras will be used exclusively within the routes receiving improvements as part of the Bus Rapid Transit and Bus Mobility Demonstration Program. The Program will only operate on week- days, and the cameras are expected to be operational only during the busiest times of the weekdays, which will be between six and twelve hours a day, depending on the particular bus route's characteristics. The violation will be treated as the equivalent of a parking ticket, therefore, no points will be assessed against the driver. The enactment of this legislation, which is modeled after the enabling legislation which authorized the City's Red Light Camera Program, will ensure that the City is successful in providing more efficient and effective bus service to the people and visitors of the City of New York. This will, in turn, attract new ridership, helping to meet the City's mobility, environmental and public health goals. Accordingly, the Mayor urges the earliest possible favorable consider- ation of this proposal by the Legislature.
Go to top

A10233 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10233--B
 
                   IN ASSEMBLY
 
                                     March 11, 2008
                                       ___________
 
        Introduced  by  M.  of  A.  BING, KELLNER, ROSENTHAL, GOTTFRIED, CUSICK,
          BROOK-KRASNY, BENEDETTO, R. DIAZ,  LANCMAN,  MARKEY,  SCHIMEL,  CLARK,
          CYMBROWITZ,  YOUNG,  WEPRIN, O'DONNELL, KAVANAGH -- Multi-Sponsored by
          -- M. of A.  BENJAMIN,  GALEF,  GLICK,  HEASTIE,  HOYT,  HYER-SPENCER,
          JEFFRIES,  LATIMER, LENTOL, MILLMAN, PHEFFER, TITONE, TOBACCO, WEISEN-

          BERG -- read once and referred to the Committee on  Transportation  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, 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 in a city with a population of one million
          or more a bus rapid transit and bus mobility demonstration program  to
          enforce  restrictions  on  the  use  of bus lanes by means of bus lane
          photo devices; and providing for the repeal of  such  provisions  upon
          expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Subdivision 1 of section 235 of  the  vehicle  and  traffic
     2  law,  as  amended by chapter 379 of the laws of 1992, is amended to read
     3  as follows:
     4    1. Notwithstanding any inconsistent provision of any general,  special
     5  or  local  law or administrative code to the contrary, in any city which
     6  heretofore or hereafter is authorized  to  establish  an  administrative
     7  tribunal to hear and determine complaints of traffic infractions consti-
     8  tuting  parking,  standing  or stopping violations, or to adjudicate the
     9  liability of owners for violations of subdivision (d) of section  eleven
    10  hundred eleven of this chapter in accordance with section eleven hundred
    11  eleven-a  of  this chapter, or to adjudicate the liability of owners for
    12  violations of toll collection regulations as defined in and  in  accord-
    13  ance  with  the  provisions of section two thousand nine hundred eighty-

    14  five of the public authorities law and sections sixteen-a, sixteen-b and
    15  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    16  hundred  fifty,  or to adjudicate liability of owners in accordance with
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15700-04-8

        A. 10233--B                         2
 
     1  section eleven hundred eleven-b of this chapter for  violations  of  bus
     2  lane  restrictions  as  defined  in  such section, such tribunal and the
     3  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
     4  substantial conformance with the following sections.

     5    § 1-a. Section 235 of the vehicle and traffic law, as amended by chap-
     6  ter 746 of the laws of 1988, is amended to read as follows:
     7     § 235. Jurisdiction.  Notwithstanding  any  inconsistent provision of
     8  any general, special or local law or administrative code to the  contra-
     9  ry, in any city which heretofore or hereafter is authorized to establish
    10  an  administrative  tribunal to hear and determine complaints of traffic
    11  infractions constituting parking, standing or stopping violations, or to
    12  adjudicate the liability of owners for violations of subdivision (d)  of
    13  section eleven hundred eleven of this chapter in accordance with section
    14  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    15  of owners for violations of toll collection regulations  as  defined  in
    16  and  in  accordance  with  the  provisions  of section two thousand nine

    17  hundred  eighty-five  of  the  public  authorities  law   and   sections
    18  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    19  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
    20  owners in accordance with section eleven hundred eleven-b of this  chap-
    21  ter  for violations of bus lane restrictions as defined in such section,
    22  such tribunal and the rules and regulations pertaining thereto shall  be
    23  constituted in substantial conformance with the following sections.
    24    § 1-b. Section 235 of the vehicle and traffic law, as added by chapter
    25  715 of the laws of 1972, is amended to read as follows:
    26    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    27  general, special or local law or administrative code to the contrary, in

    28  any  city  which  heretofore  or hereafter is authorized to establish an
    29  administrative tribunal to hear  and  determine  complaints  of  traffic
    30  infractions constituting parking, standing or stopping violations, or to
    31  adjudicate  the  liability  of  owners for violations of toll collection
    32  regulations as defined in and  in  accordance  with  the  provisions  of
    33  section  two thousand nine hundred eighty-five of the public authorities
    34  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    35  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    36  dicate liability of owners in accordance  with  section  eleven  hundred
    37  eleven-b  of  this  chapter  for  violations of bus lane restrictions as
    38  defined in such section, such tribunal and  the  rules  and  regulations

    39  pertaining  thereto shall be constituted in substantial conformance with
    40  the following sections.
    41    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    42  amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
    43  follows:
    44    1. Creation. In any city as hereinbefore or hereafter authorized  such
    45  tribunal  when  created  shall be known as the parking violations bureau
    46  and shall have jurisdiction of traffic infractions  which  constitute  a
    47  parking violation and, where authorized by local law adopted pursuant to
    48  subdivision  (a)  of  section  eleven  hundred eleven-a of this chapter,
    49  shall adjudicate the liability of owners for violations  of  subdivision
    50  (d)  of section eleven hundred eleven of this chapter in accordance with
    51  such section eleven hundred eleven-a, and shall adjudicate the liability

    52  of owners for violations of toll collection regulations  as  defined  in
    53  and  in  accordance  with  the  provisions  of section two thousand nine
    54  hundred  eighty-five  of  the  public  authorities  law   and   sections
    55  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    56  of the laws of nineteen hundred fifty, and shall adjudicate liability of

        A. 10233--B                         3
 
     1  owners  in accordance with section eleven hundred eleven-b of this chap-
     2  ter for violations of bus lane restrictions as defined in such  section.
     3  Such  tribunal,  except  in  a  city with a population of one million or
     4  more, shall also have jurisdiction of abandoned vehicle violations.  For
     5  the  purposes  of  this article, a parking violation is the violation of

     6  any law, rule or regulation providing for  or  regulating  the  parking,
     7  stopping  or  standing  of  a  vehicle. In addition for purposes of this
     8  article, "commissioner" shall mean and include the commissioner of traf-
     9  fic of the city or an official possessing authority as  such  a  commis-
    10  sioner.
    11    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    12  added by chapter 715 of the laws of 1972, is amended to read as follows:
    13    1.  Creation. In any city as hereinbefore or hereafter authorized such
    14  tribunal when created shall be known as the  parking  violations  bureau
    15  and  shall  have  jurisdiction of traffic infractions which constitute a
    16  parking violation, and shall adjudicate liability of owners  in  accord-
    17  ance with section eleven hundred eleven-b of this chapter for violations

    18  of  bus  land restrictions as defined in such section.  For the purposes
    19  of this article, a parking violation is the violation of any  law,  rule
    20  or  regulation  providing  for  or  regulating  the parking, stopping or
    21  standing of a  vehicle.  In  addition  for  purposes  of  this  article,
    22  "commissioner" shall mean and include the commissioner of traffic of the
    23  city or an official possessing authority as such a commissioner.
    24    §  3. Subdivision 11 of section 237 of the vehicle and traffic law, as
    25  added by chapter 379 of the laws of 1992, is amended to read as follows:
    26    11. To adjudicate the liability  of  owners  for  violations  of  toll
    27  collection  regulations  as  defined  in  and  in  accordance  with  the
    28  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    29  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c

    30  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    31  fifty[.];
    32    § 4. Section 237 of the vehicle and traffic law is amended by adding a
    33  new subdivision 12 to read as follows:
    34    12. To adjudicate liability of owners in accordance with section elev-
    35  en  hundred  eleven-b  of  this  chapter  for  violations  of  bus  lane
    36  restrictions as defined in such section.
    37    § 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    38  traffic  law,  as amended by chapter 379 of the laws of 1992, is amended
    39  to read as follows:
    40    f. "Notice of violation" means a notice of  violation  as  defined  in
    41  subdivision  nine  of  section two hundred thirty-seven of this article,
    42  but shall not be deemed to include a notice of liability issued pursuant

    43  to authorization set forth in section eleven hundred  eleven-a  of  this
    44  chapter  and shall not be deemed to include a notice of liability issued
    45  pursuant to section two thousand nine hundred eighty-five of the  public
    46  authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
    47  ter seven hundred seventy-four of the laws of nineteen hundred fifty and
    48  shall  not be deemed to include a notice of liability issued pursuant to
    49  section eleven hundred eleven-b of this chapter.
    50    § 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    51  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    52  read as follows:
    53    f. "Notice of violation" means a notice of  violation  as  defined  in
    54  subdivision nine of section two hundred thirty-seven of this article and

    55  shall  not be deemed to include a notice of liability issued pursuant to
    56  section eleven hundred eleven-b of this chapter.

        A. 10233--B                         4
 
     1    § 6. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
     2  amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
     3  follows:
     4    4. Applicability. The provisions of paragraph b of subdivision two and
     5  subdivision  three  of  this section shall not be applicable to determi-
     6  nations of owner liability for the failure of an operator to comply with
     7  subdivision (d) of section eleven hundred eleven  of  this  chapter  and
     8  shall  not  be  applicable  to determinations of owner liability imposed
     9  pursuant to section two thousand nine hundred eighty-five of the  public

    10  authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
    11  ter seven hundred seventy-four of the laws of nineteen hundred fifty and
    12  shall  not  be  applicable  to  determinations  of  owner  liability for
    13  violations of section eleven hundred eleven-b of this chapter.
    14    § 6-a. Section 239 of the vehicle and traffic law is amended by adding
    15  a new subdivision 4 to read as follows:
    16    4. Applicability. The provisions of paragraph b of subdivision two and
    17  subdivision three of this section shall not be  applicable  to  determi-
    18  nations  of  owner  liability  for  violations of section eleven hundred
    19  eleven-b of this chapter.
    20    § 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
    21  amended  by  chapter  379  of  the  laws  of 1992, is amended to read as

    22  follows:
    23    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    24  violation  enters  a plea of not guilty or a person alleged to be liable
    25  in accordance with section eleven hundred eleven-a of this chapter for a
    26  violation of subdivision (d) of section eleven hundred  eleven  of  this
    27  chapter  contests  such  allegation, or a person alleged to be liable in
    28  accordance with the provisions of  section  two  thousand  nine  hundred
    29  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    30  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    31  laws  of  nineteen  hundred  fifty,  or a person alleged to be liable in
    32  accordance with the provisions of section  eleven  hundred  eleven-b  of
    33  this  chapter  for  a  violation of a bus lane restriction as defined in

    34  such section contests such allegation,  the  bureau  shall  advise  such
    35  person  personally  by such form of first class mail as the director may
    36  direct of the date on which he must appear to answer  the  charge  at  a
    37  hearing.  The  form  and  content  of  such  notice  of hearing shall be
    38  prescribed by the director, and shall contain a warning  to  advise  the
    39  person  so  pleading  or  contesting  that failure to appear on the date
    40  designated, or on any subsequent adjourned  date,  shall  be  deemed  an
    41  admission of liability, and that a default judgment may be entered ther-
    42  eon.
    43    § 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
    44  added by chapter 715 of the laws of 1972, is amended to read as follows:
    45    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking

    46  violation enters a plea of not guilty, or a person alleged to be  liable
    47  in  accordance with the provisions of section eleven hundred eleven-b of
    48  this chapter for a violation of a bus lane  restriction  as  defined  in
    49  such  section  contests  such  allegation,  the bureau shall advise such
    50  person personally by such form of first class mail as the  director  may
    51  direct  of  the  date  on which he must appear to answer the charge at a
    52  hearing. The form and  content  of  such  notice  of  hearing  shall  be
    53  prescribed  by  the  director, and shall contain a warning to advise the
    54  person so pleading that failure to appear on the date designated, or  on
    55  any  subsequent  adjourned date, shall be deemed an admission of liabil-
    56  ity, and that a default judgment may be entered thereon.


        A. 10233--B                         5
 
     1    § 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
     2  amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
     3  follows:
     4    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     5  entered, or the bureau has been notified that an allegation of liability
     6  in accordance with section eleven hundred eleven-a of this chapter or an
     7  allegation of liability in accordance with  section  two  thousand  nine
     8  hundred eighty-five of the public authorities law or sections sixteen-a,
     9  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    10  laws of nineteen hundred fifty or an allegation of liability in  accord-
    11  ance  with  section  eleven  hundred  eleven-b of this chapter, is being
    12  contested, by a person in a timely fashion and a hearing upon the merits

    13  has been demanded, but has not yet been held, the bureau shall not issue
    14  any notice of fine or penalty to that person prior to the  date  of  the
    15  hearing.
    16    §  8-a. Subdivision 1-a of section 240 of the vehicle and traffic law,
    17  as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
    18  follows:
    19    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    20  entered, or the bureau has been notified that an allegation of liability
    21  in accordance with section eleven hundred eleven-b of  this  chapter  is
    22  being  contested, by a person in a timely fashion and a hearing upon the
    23  merits has been demanded, but has not yet been held,  the  bureau  shall
    24  not issue any notice of fine or penalty to that person prior to the date
    25  of the hearing.

    26    § 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    27  and  traffic  law,  as  amended  by chapter 379 of the laws of 1992, are
    28  amended to read as follows:
    29    a. Every hearing for the adjudication of a charge of parking violation
    30  or an allegation of liability in accordance with section eleven  hundred
    31  eleven-a  of  this  chapter  or an allegation of liability in accordance
    32  with section two thousand nine hundred eighty-five of the public author-
    33  ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    34  seven  hundred  seventy-four of the laws of nineteen hundred fifty or an
    35  allegation of  liability  in  accordance  with  section  eleven  hundred
    36  eleven-b  of  this  chapter  shall  be held before a hearing examiner in
    37  accordance with rules and regulations promulgated by the bureau.

    38    g. A record shall be made of a hearing on a plea of not guilty or of a
    39  hearing at which liability in accordance  with  section  eleven  hundred
    40  eleven-a of this chapter is contested or of a hearing at which liability
    41  in  accordance with section two thousand nine hundred eighty-five of the
    42  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    43  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
    44  is contested or a hearing at which liability in accordance with  section
    45  eleven hundred eleven-b of this chapter is contested.  Recording devices
    46  may be used for the making of the record.
    47    § 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    48  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    49  amended to read as follows:

    50    a. Every hearing for the adjudication of a charge of parking violation
    51  or an allegation of liability in accordance with section eleven  hundred
    52  eleven-b  of  this  chapter  shall  be held before a hearing examiner in
    53  accordance with rules and regulations promulgated by the bureau.
    54    g. A record shall be made of a hearing on a plea of not  guilty  or  a
    55  hearing  at  which  liability  in accordance with section eleven hundred

        A. 10233--B                         6
 
     1  eleven-b of this chapter is contested.   Recording devices may  be  used
     2  for the making of the record.
     3    §  10.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     4  law, as amended by chapter 379 of the laws of 1992, are amended to  read
     5  as 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 may examine either the
     9  prior parking violations record or the record of liabilities incurred in
    10  accordance with section eleven hundred eleven-a of this chapter  or  the
    11  record  of  liabilities incurred in accordance with section two thousand
    12  nine hundred eighty-five of  the  public  authorities  law  or  sections
    13  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    14  of  the  laws  of  nineteen  hundred  fifty of the person charged or the
    15  record of liabilities incurred in accordance with section eleven hundred
    16  eleven-b of this chapter, as  applicable  prior  to  rendering  a  final

    17  determination.  Final  determinations  sustaining  or dismissing charges
    18  shall be entered on a final determination roll maintained by the  bureau
    19  together with records showing payment and nonpayment of penalties.
    20    2.  Where  an operator or owner fails to enter a plea to a charge of a
    21  parking violation or contest an allegation of  liability  in  accordance
    22  with section eleven hundred eleven-a of this chapter or fails to contest
    23  an  allegation of liability in accordance with section two thousand nine
    24  hundred eighty-five of the public authorities law or sections sixteen-a,
    25  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    26  laws  of  nineteen  hundred  fifty  or fails to contest an allegation of
    27  liability in accordance with section eleven  hundred  eleven-b  of  this

    28  chapter,  or  fails to appear on a designated hearing date or subsequent
    29  adjourned date or fails after a hearing to comply with the determination
    30  of a hearing examiner, as prescribed by this article or by rule or regu-
    31  lation of the bureau, such failure to plead or contest, appear or comply
    32  shall be deemed, for all purposes, an admission of liability  and  shall
    33  be  grounds  for  rendering and entering a default judgment in an amount
    34  provided by the rules and regulations of the bureau. However, after  the
    35  expiration  of  the  original  date  prescribed  for entering a plea and
    36  before a default judgment may be rendered, in such case the bureau shall
    37  pursuant to the applicable provisions of law  notify  such  operator  or
    38  owner,  by  such  form of first class mail as the commission may direct;
    39  (1) of the violation charged, or liability in  accordance  with  section

    40  eleven  hundred eleven-a of this chapter alleged or liability in accord-
    41  ance with section two thousand nine hundred eighty-five  of  the  public
    42  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
    43  ter seven hundred seventy-four of the laws  of  nineteen  hundred  fifty
    44  alleged  or liability in accordance with section eleven hundred eleven-b
    45  of this chapter, (2) of the impending default judgment,  (3)  that  such
    46  judgment  will  be  entered  in the Civil Court of the city in which the
    47  bureau has been established, or other court of civil jurisdiction or any
    48  other place provided for the entry of civil judgments within  the  state
    49  of New York, and (4) that a default may be avoided by entering a plea or
    50  contesting  an allegation of liability in accordance with section eleven
    51  hundred eleven-a of this chapter or contesting an allegation of  liabil-

    52  ity  in accordance with section two thousand nine hundred eighty-five of
    53  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    54  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    55  hundred fifty or contesting an allegation  of  liability  in  accordance
    56  with section eleven hundred eleven-b of this chapter, as appropriate, or

        A. 10233--B                         7
 
     1  making  an  appearance within thirty days of the sending of such notice.
     2  Pleas entered and allegations contested within that period shall  be  in
     3  the manner prescribed in the notice and not subject to additional penal-
     4  ty  or  fee.  Such  notice  of  impending  default judgment shall not be
     5  required prior to the rendering and entry thereof in the case of  opera-

     6  tors  or  owners  who  are non-residents of the state of New York. In no
     7  case shall a default judgment be rendered or, where required,  a  notice
     8  of  impending  default  judgment  be sent, more than two years after the
     9  expiration of the time prescribed for entering a plea or  contesting  an
    10  allegation.  When  a  person  has demanded a hearing, no fine or penalty
    11  shall be imposed for any reason, prior to the holding of the hearing. If
    12  the hearing examiner shall make a determination on the charges, sustain-
    13  ing them, he shall impose no greater penalty or  fine  than  those  upon
    14  which the person was originally charged.
    15    § 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    16  law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi-
    17  sion  2  as  amended  by chapter 365 of the laws of 1978, are amended to
    18  read as follows:

    19    1. The hearing examiner shall make a  determination  on  the  charges,
    20  either  sustaining or dismissing them. Where the hearing examiner deter-
    21  mines that the charges have been sustained he  may  examine  either  the
    22  prior  parking violations record of the person charged, or the record of
    23  liabilities incurred in accordance with section eleven hundred  eleven-b
    24  of  this  chapter,  as  applicable,  prior to rendering a final determi-
    25  nation. Final determinations sustaining or dismissing charges  shall  be
    26  entered  on a final determination roll maintained by the bureau together
    27  with records showing payment and nonpayment of penalties.
    28    2. Where an operator or owner fails to enter a plea to a charge  of  a
    29  parking  violation,  or  fails  to  contest  an  allegation of liability

    30  incurred in accordance with section  eleven  hundred  eleven-b  of  this
    31  chapter,  or  fails to appear on a designated hearing date or subsequent
    32  adjourned date or fails after a hearing to comply with the determination
    33  of a hearing examiner, as prescribed by this article or by rule or regu-
    34  lation of the bureau, such failure to plead, appear or comply  shall  be
    35  deemed, for all purposes, an admission of liability and shall be grounds
    36  for  rendering  and entering a default judgment in an amount provided by
    37  the rules and regulations of the bureau. However, after  the  expiration
    38  of the original date prescribed for entering a plea and before a default
    39  judgment  may be rendered, in such case the bureau shall pursuant to the
    40  applicable provisions of law notify such operator or owner, by such form
    41  of first class mail as the commission may direct; (1) of  the  violation

    42  charged  or liability in accordance with section eleven hundred eleven-b
    43  of this chapter, (2) of the impending default judgment,  (3)  that  such
    44  judgment  will  be  entered  in the Civil Court of the city in which the
    45  bureau has been established, or other court of civil jurisdiction or any
    46  other place provided for the entry of civil judgments within  the  state
    47  of  New  York, and (4) that a default may be avoided by entering a plea,
    48  or contesting an allegation of  liability  in  accordance  with  section
    49  eleven  hundred eleven-b of this chapter, or making an appearance within
    50  thirty days of the sending of such notice.  Pleas  entered  within  that
    51  period  shall  be in the manner prescribed in the notice and not subject
    52  to additional penalty or fee. Such notice of impending default  judgment

    53  shall  not  be  required prior to the rendering and entry thereof in the
    54  case of operators or owners who are non-residents of the  state  of  New
    55  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
    56  required, a notice of impending default judgment be sent, more than  two

        A. 10233--B                         8
 
     1  years  after  the expiration of the time prescribed for entering a plea.
     2  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
     3  imposed  for  any  reason,  prior  to the holding of the hearing. If the
     4  hearing  examiner  shall make a determination on the charges, sustaining
     5  them, he shall impose no greater penalty or fine than those  upon  which
     6  the person was originally charged.
     7    §  11.  Subparagraph  (i) of paragraph a of subdivision 5-a of section

     8  401 of the vehicle and traffic law, as amended by  chapter  496  of  the
     9  laws  of  1990  and as designated by chapter 373 of the laws of 1994, is
    10  amended to read as follows:
    11    (i) If at the time of application for a registration or renewal there-
    12  of there is a certification from a  court,  parking  violations  bureau,
    13  traffic  and  parking  violations  agency  or administrative tribunal of
    14  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    15  jurisdiction  that the registrant or his representative failed to appear
    16  on the return date or any subsequent adjourned date or failed to  comply
    17  with  the  rules and regulations of an administrative tribunal following
    18  entry of a final decision in response  to  a  total  of  three  or  more
    19  summonses  or  other process in the aggregate, issued within an eighteen

    20  month period, charging either that (i) such motor  vehicle  was  parked,
    21  stopped or standing, or that such motor vehicle was operated for hire by
    22  the  registrant  or  his agent without being licensed as a motor vehicle
    23  for hire by the appropriate local authority, in violation of any of  the
    24  provisions  of this chapter or of any law, ordinance, rule or regulation
    25  made by a local authority or (ii) the registrant was liable  in  accord-
    26  ance  with  section  eleven  hundred  eleven-a  of  this  chapter  for a
    27  violation of subdivision (d) of section eleven hundred  eleven  of  this
    28  chapter  or  (iii)  the registrant was liable in accordance with section
    29  eleven hundred eleven-b of this chapter for a violation of  a  bus  lane
    30  restriction  as  defined  in such section, the commissioner or his agent

    31  shall deny the registration or renewal application until  the  applicant
    32  provides  proof from the court, traffic and parking violations agency or
    33  administrative tribunal wherein the charges are pending that an  appear-
    34  ance  or answer has been made or in the case of an administrative tribu-
    35  nal that he has complied with the rules and regulations of said tribunal
    36  following entry of a final decision.  Where  an  application  is  denied
    37  pursuant  to this section, the commissioner may, in his discretion, deny
    38  a registration or renewal application to any other person for  the  same
    39  vehicle and may deny a registration or renewal application for any other
    40  motor  vehicle registered in the name of the applicant where the commis-
    41  sioner has determined that such registrant's intent has  been  to  evade
    42  the  purposes of this subdivision and where the commissioner has reason-

    43  able grounds to believe that such registration or renewal will have  the
    44  effect  of defeating the purposes of this subdivision. Such denial shall
    45  only remain in effect as long as the summonses remain unanswered, or  in
    46  the  case  of an administrative tribunal, the registrant fails to comply
    47  with the rules and regulations following entry of a final decision.
    48    § 11-a. Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    49  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    50  laws of 1987, is amended to read as follows:
    51    a. If at the time of application for a registration or renewal thereof
    52  there is a certification from a  court  or  administrative  tribunal  of
    53  appropriate  jurisdiction  that  the  registrant  or  his representative
    54  failed to appear on the return date or any subsequent adjourned date  or

    55  failed  to  comply  with  the rules and regulations of an administrative
    56  tribunal following entry of a final decision in  response  to  three  or

        A. 10233--B                         9
 
     1  more summonses or other process, issued within an eighteen month period,
     2  charging  that:  (A) such motor vehicle was parked, stopped or standing,
     3  or that such motor vehicle was operated for hire by  the  registrant  or
     4  his  agent  without  being  licensed  as a motor vehicle for hire by the
     5  appropriate local authority, in violation of any of  the  provisions  of
     6  this  chapter  or  of  any  law, ordinance, rule or regulation made by a
     7  local authority, or (B) the registrant was  liable  in  accordance  with
     8  section eleven hundred eleven-b of this chapter for a violation of a bus

     9  lane  restriction  as  defined  in such section, the commissioner or his
    10  agent shall deny the  registration  or  renewal  application  until  the
    11  applicant provides proof from the court or administrative tribunal wher-
    12  ein  the  charges are pending that an appearance or answer has been made
    13  or in the case of an administrative tribunal that he has  complied  with
    14  the  rules  and  regulations of said tribunal following entry of a final
    15  decision. Where an application is denied pursuant to this  section,  the
    16  commissioner  may,  in  his  discretion,  deny a registration or renewal
    17  application to any other person for the same  vehicle  and  may  deny  a
    18  registration  or  renewal application for any other motor vehicle regis-
    19  tered in the name of the applicant where the commissioner has determined
    20  that such registrant's intent has been to evade  the  purposes  of  this

    21  subdivision and where the commissioner has reasonable grounds to believe
    22  that  such registration or renewal will have the effect of defeating the
    23  purposes of this subdivision. Such denial shall only remain in effect as
    24  long as the summonses remain unanswered, or in the case of  an  adminis-
    25  trative  tribunal,  the  registrant  fails  to comply with the rules and
    26  regulations following entry of a final decision.
    27    § 12. The vehicle and traffic law is amended by adding a  new  section
    28  1111-b to read as follows:
    29    §  1111-b.  Owner liability for failure of operator to comply with bus
    30  lane restrictions. (a) Notwithstanding any other provision of law,  each
    31  city  with  a population of one million or more is hereby authorized and
    32  empowered to establish a bus  rapid  transit  and  bus  mobility  demon-

    33  stration  program  imposing monetary liability on the owner of a vehicle
    34  for failure of an operator thereof to comply with bus lane  restrictions
    35  in  such  city  in  accordance  with the provisions of this section. The
    36  department of transportation of such city, for purposes of the implemen-
    37  tation of such program, shall operate bus lane photo devices only within
    38  such bus rapid transit and bus mobility demonstration  program  in  such
    39  city.  Such bus lane photo devices may be stationary or mobile and shall
    40  be activated at locations determined by such department  of  transporta-
    41  tion  and/or  on  buses selected by such department of transportation in
    42  consultation with the applicable mass transit agency.   Any  mobile  bus

    43  lane photo device mounted on a bus shall be directed outwardly from such
    44  bus  to  capture  images  of  vehicles operated in violation of bus lane
    45  restrictions, and images produced by such device shall not be  used  for
    46  any  other purpose in the absence of a court order requiring such images
    47  to be produced. Any image or images  captured  by  stationary  bus  lane
    48  photo  devices  shall  be  inadmissible  in  any disciplinary proceeding
    49  convened by the applicable mass transit agency or any subsidiary thereof
    50  and any proceeding initiated by the department of motor vehicles involv-
    51  ing licensure privileges of bus operators. A city authorized to  install
    52  a bus lane photo device pursuant to the provisions of this section shall

    53  adopt  and  enforce  measures to protect the privacy of drivers, passen-
    54  gers, pedestrians and cyclists whose identity and  identifying  informa-
    55  tion  may  be  captured  by a bus lane photo device. Such measures shall
    56  include:

        A. 10233--B                        10
 
     1    1. utilization of necessary technologies  to  ensure,  to  the  extent
     2  practicable,  that  photographs  produced by such bus lane photo devices
     3  shall not include images that identify the driver,  the  passengers,  or
     4  the  contents  of  the  vehicle,  provided,  however,  that no notice of
     5  liability  issued  pursuant  to  this  section shall be dismissed solely
     6  because a photograph or photographs allow for the identification of  the

     7  driver, the passengers or other contents of a vehicle;
     8    2.  a  prohibition  on  the  use or dissemination of vehicles' license
     9  plate information and other information and images captured by bus  lane
    10  photo  devices  except  as  required  to  establish liability under this
    11  section or collect payment of penalties; or to respond  to  requests  by
    12  law  enforcement officials pertaining to a specific accident or specific
    13  incident of alleged criminal conduct; or except  otherwise  required  by
    14  law;
    15    3.  the installation of signage at regular intervals within restricted
    16  bus lanes stating that bus  lane  photo  devices  are  used  to  enforce
    17  restrictions on vehicular traffic in bus lanes; and

    18    4.  oversight  procedures to ensure compliance with the aforementioned
    19  privacy-protection measures.
    20    Within a city with a population of one million or more, such bus  lane
    21  photo devices shall be operated on no more than fifty miles of bus lanes
    22  within such city and only during weekdays from 7:00 a.m. to 7:00 p.m.
    23    (b)  In  any  city  that  has  established a bus rapid transit and bus
    24  mobility demonstration program  pursuant  to  subdivision  (a)  of  this
    25  section,  the  owner  of a vehicle shall be liable for a penalty imposed
    26  pursuant to this section if such vehicle was used or operated  with  the
    27  permission  of  the  owner,  express or implied, in violation of any bus
    28  lane  restrictions  that  apply  to  routes  within  such  demonstration

    29  program,  and such violation is evidenced by information obtained from a
    30  bus lane photo device; provided however that no owner of a vehicle shall
    31  be liable for a penalty imposed pursuant to this section where the oper-
    32  ator of such vehicle has been convicted of the underlying  violation  of
    33  any bus lane restrictions.
    34    (c) For purposes of this section, the following terms shall mean:
    35    1.  "owner"  shall  have the meaning provided in article two-b of this
    36  chapter.
    37    2. "bus lane photo device" shall mean a  device  that  is  capable  of
    38  operating  independently  of  an enforcement officer and produces one or
    39  more images of each vehicle at the time it is in violation of  bus  lane
    40  restrictions.

    41    3.  "bus  lane  restrictions"  shall  mean  restrictions on the use of
    42  designated traffic lanes by vehicles other than buses imposed on  routes
    43  within  a  bus  rapid  transit and bus mobility demonstration program by
    44  rule or signs erected by the department of transportation of a city that
    45  establishes such a demonstration program pursuant to this section.
    46    4. "bus rapid transit and bus mobility  demonstration  program"  shall
    47  mean  a  program that operates on routes designated by the department of
    48  transportation of a city that establishes such a  demonstration  program
    49  pursuant  to this section and shall operate on routes receiving improve-
    50  ments as part of such program. Such improvements shall include  upgraded

    51  signage and enhanced markings of the traffic lanes designated for buses,
    52  and  may  include, but not be limited to, signals that prolong the green
    53  phase for approaching buses, off-board fare collection, and other  simi-
    54  lar improvements.
    55    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    56  the city in which the  charged  violation  occurred  or  its  vendor  or

        A. 10233--B                        11
 
     1  contractor,  or  a  facsimile  thereof,  based upon inspection of photo-
     2  graphs, microphotographs, videotape or other recorded images produced by
     3  a bus lane photo device, shall be prima  facie  evidence  of  the  facts
     4  contained therein. Any photographs, microphotographs, videotape or other

     5  recorded  images  evidencing  such  a  violation  shall be available for
     6  inspection in any  proceeding  to  adjudicate  the  liability  for  such
     7  violation pursuant to this section.
     8    (e)  An owner liable for a violation of a bus lane restriction imposed
     9  on any route within a bus rapid transit and bus  mobility  demonstration
    10  program  shall  be  liable  for  monetary penalties in accordance with a
    11  schedule of fines and penalties promulgated by  the  parking  violations
    12  bureau  of  such  city; provided, however, that the monetary penalty for
    13  violating a bus lane restriction shall not exceed  one  hundred  fifteen
    14  dollars;  provided,  further, that an owner shall be liable for an addi-

    15  tional penalty not to exceed twenty-five dollars for each violation  for
    16  the  failure  to  respond to a notice of liability within the prescribed
    17  time period.
    18    (f) An imposition of liability pursuant to this section shall  not  be
    19  deemed  a  conviction  of  an operator and shall not be made part of the
    20  operating record of the person upon whom such liability is imposed,  nor
    21  shall  it be used for insurance purposes in the provision of motor vehi-
    22  cle insurance coverage.
    23    (g) 1. A notice of liability shall be sent by first class mail to each
    24  person alleged to be liable as an owner for a violation of  a  bus  lane
    25  restriction.  Personal  delivery  to  the owner shall not be required. A

    26  manual or automatic record of mailing prepared in the ordinary course of
    27  business shall be prima facie evidence of the facts contained therein.
    28    2. A notice of liability shall contain the name  and  address  of  the
    29  person  alleged  to  be liable as an owner for a violation of a bus lane
    30  restriction, the registration number of the  vehicle  involved  in  such
    31  violation,  the  location  where such violation took place, the date and
    32  time of such violation and the identification number  of  the  bus  lane
    33  photo  device  which  recorded  the  violation or other document locator
    34  number.
    35    3. The notice of liability  shall  contain  information  advising  the
    36  person charged of the manner and the time in which he or she may contest

    37  the liability alleged in the notice. Such notice of liability shall also
    38  contain  a warning to advise the persons charged that failure to contest
    39  in the manner and time provided shall be deemed an admission of  liabil-
    40  ity and that a default judgment may be entered thereon.
    41    4.  The notice of liability shall be prepared and mailed by the agency
    42  or agencies designated by such city.
    43    (h) If an owner of a vehicle receives a notice of  liability  pursuant
    44  to  this  section  for  any  time  period  during which such vehicle was
    45  reported to the police department as having been stolen, it shall  be  a
    46  valid  defense  to  an  allegation of liability for a violation of a bus
    47  lane restriction that the vehicle had been reported  to  the  police  as

    48  stolen  prior to the time the violation occurred and had not been recov-
    49  ered by such time. For purposes of asserting  the  defense  provided  by
    50  this  subdivision  it shall be sufficient that an original incident form
    51  issued by the police on the stolen vehicle be sent by first  class  mail
    52  to the parking violations bureau of such city.
    53    (i)  1.  An  owner  who  is a lessor of a vehicle to which a notice of
    54  liability was issued pursuant to subdivision (g) of this  section  shall
    55  not  be  liable  for  the  violation of a bus lane restriction, provided
    56  that:

        A. 10233--B                        12
 
     1    (i) prior to the violation, the lessor has  filed  with  such  parking

     2  violations  bureau  in  accordance  with  the  provisions of section two
     3  hundred thirty-nine of this chapter; and
     4    (ii)  within thirty-seven days after receiving notice from such bureau
     5  of the date and time of a liability, together with the other information
     6  contained in the original notice of liability,  the  lessor  submits  to
     7  such  bureau  the  correct name and address of the lessee of the vehicle
     8  identified in the notice of liability at the  time  of  such  violation,
     9  together with such other additional information contained in the rental,
    10  lease  or other contract document, as may be reasonably required by such
    11  bureau pursuant to regulations that may be promulgated for such purpose.

    12    2. Failure to comply with subparagraph (ii) of paragraph one  of  this
    13  subdivision  shall render the owner liable for the penalty prescribed in
    14  this section.
    15    3. Where the lessor complies with the provisions of paragraph  one  of
    16  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    17  violation shall be deemed to be the owner of such vehicle  for  purposes
    18  of this section, shall be subject to liability for such violation pursu-
    19  ant  to this section and shall be sent a notice of liability pursuant to
    20  subdivision (g) of this section.
    21    (j) If the owner liable for a violation of a bus lane restriction  was
    22  not  the operator of the vehicle at the time of the violation, the owner

    23  may maintain an action for indemnification against the operator.
    24    (k) Nothing in this section shall be construed to limit the  liability
    25  of an operator of a vehicle for any violation of bus lane restrictions.
    26    (l)  Any  city that adopts a bus rapid transit and bus mobility demon-
    27  stration program pursuant to  subdivision  (a)  of  this  section  shall
    28  submit  a  report on the results of the use of bus lane photo devices to
    29  the governor, the temporary president of the senate and the  speaker  of
    30  the  assembly  by  April first, two thousand thirteen. Such report shall
    31  include, but not be limited to:
    32    1. a description of the locations and/or buses where  bus  lane  photo
    33  devices were used;

    34    2.  the  total  number  of violations recorded on a monthly and annual
    35  basis;
    36    3. the total number of notices of liability issued;
    37    4. the number of fines and total amount  of  fines  paid  after  first
    38  notice of liability;
    39    5.  the  number  of violations adjudicated and results of such adjudi-
    40  cations including breakdowns of dispositions made;
    41    6. the total amount of revenue realized by such city; and
    42    7. quality of the adjudication process and its results.
    43    § 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
    44  section  1809 of the vehicle and traffic law, as amended by section 2 of
    45  part DD of chapter 56 of the laws  of  2008,  are  amended  to  read  as
    46  follows:

    47    Whenever  proceedings in an administrative tribunal or a court of this
    48  state result in a conviction for an offense  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,  or parking or violations by
    52  pedestrians or bicyclists, or other than an adjudication of liability of
    53  an owner for a violation of subdivision (d) of  section  eleven  hundred
    54  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    55  eleven-a of this chapter, or other than an  adjudication  in  accordance
    56  with section eleven hundred eleven-b of this chapter of a violation of a

        A. 10233--B                        13
 

     1  bus lane restriction as defined in such section, there shall be levied a
     2  crime  victim  assistance  fee and a mandatory surcharge, in addition to
     3  any sentence required or  permitted  by  law,  in  accordance  with  the
     4  following schedule:
     5    (c)  Whenever  proceedings in an administrative tribunal or a court of
     6  this state result in a conviction for  an  offense  under  this  chapter
     7  other than a crime pursuant to section eleven hundred ninety-two of this
     8  chapter,  or  a  traffic  infraction under this chapter, or a local law,
     9  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    10  than  a  traffic  infraction involving standing, stopping, or parking or
    11  violations by pedestrians or bicyclists, or other than  an  adjudication
    12  of  liability  of an owner for a violation of subdivision (d) of section

    13  eleven hundred eleven of this chapter in accordance with section  eleven
    14  hundred eleven-a of this chapter or other than an infraction pursuant to
    15  article  nine of this chapter or other than an adjudication of liability
    16  of an owner for a violation of toll collection regulations  pursuant  to
    17  section  two thousand nine hundred eighty-five of the public authorities
    18  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    19  hundred  seventy-four  of  the  laws of nineteen hundred fifty, or other
    20  than an adjudication in accordance with section eleven hundred  eleven-b
    21  of  this  chapter of a violation of a bus lane restriction as defined in
    22  such section, there shall be levied a crime victim assistance fee in the
    23  amount of five dollars and a mandatory surcharge,  in  addition  to  any

    24  sentence  required  or  permitted  by  law,  in the amount of fifty-five
    25  dollars.
    26    § 14. Subdivision 2 of section  87  of  the  public  officers  law  is
    27  amended by adding a new paragraph (k) to read as follows:
    28    (k)  are  photographs,  microphotographs,  videotape or other recorded
    29  images produced by a bus lane photo device prepared under the  authority
    30  of section eleven hundred eleven-b of the vehicle and traffic law.
    31    §  15.  This act shall take effect on the thirtieth day after it shall
    32  have become a law and shall expire 7 years  after  such  effective  date
    33  when upon such date the provisions of this act shall be deemed repealed;
    34  and  provided that any rules and regulations necessary for the implemen-
    35  tation of this act on its effective date  shall  be  promulgated  on  or
    36  before such date;

    37    (a) provided, however, that the amendments to subdivision 1 of section
    38  235 of the vehicle and traffic law made by section one of this act shall
    39  not  affect  the  expiration  of such subdivision and shall be deemed to
    40  expire therewith, when upon such date the provisions of section one-a of
    41  this act shall take effect, provided, further, however, that the  amend-
    42  ments  to  subdivision  1  of section 235 of the vehicle and traffic law
    43  made by section one-a of this act shall not  affect  the  expiration  of
    44  such subdivision and shall be deemed to expire therewith, when upon such
    45  date the provisions of section one-b of this act shall take effect;
    46    (b) provided, further, that the amendments to subdivision 1 of section
    47  236 of the vehicle and traffic law made by section two of this act shall
    48  not  affect  the  expiration  of such subdivision and shall be deemed to

    49  expire therewith, when upon such date the provisions of section two-a of
    50  this act shall take effect;
    51    (c) provided, further, that the amendments to paragraph f of  subdivi-
    52  sion  1  of  section  239 of the vehicle and traffic law made by section
    53  five of this act shall not affect the expiration of such  paragraph  and
    54  shall  be deemed to expire therewith, when upon such date the provisions
    55  of section five-a of this act shall take effect;

        A. 10233--B                        14
 
     1    (d) provided, further, that the amendments to subdivision 4 of section
     2  239 of the vehicle and traffic law made by section six of this act shall
     3  not affect the repeal of such subdivision and shall be  deemed  repealed
     4  therewith,  when  upon such date the provisions of section six-a of this
     5  act shall take effect;

     6    (e) provided, further, that the amendments to subdivision 1 of section
     7  240  of  the  vehicle  and traffic law made by section seven of this act
     8  shall not affect the expiration of such subdivision and shall be  deemed
     9  to  expire  therewith,  when  upon  such  date the provisions of section
    10  seven-a of this act shall take effect;
    11    (f) provided, further, that  the  amendments  to  subdivision  1-a  of
    12  section 240 of the vehicle and traffic law made by section eight of this
    13  act  shall  not  affect  the expiration of such subdivision and shall be
    14  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    15  section eight-a of this act shall take effect;
    16    (g)  provided,  further,  that the amendments to paragraphs a and g of
    17  subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
    18  section  nine  of this act shall not affect the expiration of such para-

    19  graphs and shall be deemed to expire therewith, when upon such date  the
    20  provisions of section nine-a of this act shall take effect;
    21    (h)  provided, further, that the amendments to subdivisions 1 and 2 of
    22  section 241 of the vehicle and traffic law made by section ten  of  this
    23  act  shall  not  affect the expiration of such subdivisions and shall be
    24  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    25  section ten-a of this act shall take effect;
    26    (i)  provided,  further,  that  the  amendments to subparagraph (i) of
    27  paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
    28  law made by section eleven of this act shall not affect  the  expiration
    29  of  such  paragraph  and  shall be deemed to expire therewith, when upon
    30  such date the provisions of section eleven-a  of  this  act  shall  take
    31  effect; and

    32    (j) provided, further, that the amendments to subdivision 1 of section
    33  1809 of the vehicle and traffic law made by section thirteen of this act
    34  shall  not affect the expiration of such subdivision and shall be deemed
    35  to expire therewith.
Go to top