BIAGGI, BOYLE, JACKSON, KAPLAN, MAY, PARKER, SANDERS, THOMAS
 
MLTSPNSR
 
Amd V & T L, generally; amd §371, Gen Muni L; amd §87, Pub Off L; amd §§1604, 1709, 2503, 2554 & 2590-h, Ed L
 
Relates to school bus safety cameras; relates to owner liability for failure of operator to stop for a school bus displaying a red visual signal and stop-arm; authorizes school districts to enter into agreements with municipalities for the installation and use of school bus photo violation monitoring systems; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
4524--B
Cal. No. 408
2019-2020 Regular Sessions
IN SENATE
March 14, 2019
___________
Introduced by Sens. KENNEDY, KAPLAN, SANDERS, THOMAS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the vehicle and traffic law, in relation to school bus
safety cameras and owner liability for operator illegally overtaking
or passing a school bus; to amend the general municipal law, in
relation to jurisdiction and procedure; to amend the public officers
law, in relation to certain photographs, videotapes or other recorded
images; and to amend the education law, in relation to authorizing
school districts to enter into agreements for the installation and use
of school bus safety cameras
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as amended by section 1 of chapter 222 of the laws of 2015, is
3 amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
14 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09710-08-9
S. 4524--B 2
1 and twenty-two of the laws of two thousand nine, or to adjudicate the
2 liability of owners for violations of subdivision (d) of section eleven
3 hundred eleven of this chapter in accordance with section eleven hundred
4 eleven-d of this chapter, or to adjudicate the liability of owners for
5 violations of section eleven hundred seventy-four of this chapter in
6 accordance with section eleven hundred seventy-four-a of this chapter,
7 or to adjudicate the liability of owners for violations of subdivision
8 (d) of section eleven hundred eleven of this chapter in accordance with
9 section eleven hundred eleven-e of this chapter, or to adjudicate the
10 liability of owners for violations of toll collection regulations as
11 defined in and in accordance with the provisions of section two thousand
12 nine hundred eighty-five of the public authorities law and sections
13 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
14 of the laws of nineteen hundred fifty, or to adjudicate liability of
15 owners in accordance with section eleven hundred eleven-c of this chap-
16 ter for violations of bus lane restrictions as defined in subdivision
17 (b), (c), (d), (f) or (g) of such section, or to adjudicate the liabil-
18 ity of owners for violations of section eleven hundred eighty of this
19 chapter in accordance with section eleven hundred eighty-b of this chap-
20 ter, such tribunal and the rules and regulations pertaining thereto
21 shall be constituted in substantial conformance with the following
22 sections.
23 § 1-a. Section 235 of the vehicle and traffic law, as amended by
24 section 1-a of chapter 222 of the laws of 2015, is amended to read as
25 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 subdivision (d) of
32 section eleven hundred eleven of this chapter in accordance with section
33 eleven hundred eleven-a of this chapter, or to adjudicate the liability
34 of owners for violations of subdivision (d) of section eleven hundred
35 eleven of this chapter in accordance with sections eleven hundred
36 eleven-b of this chapter as added by sections sixteen of chapters twen-
37 ty, [twenty-one,] and twenty-two of the laws of two thousand nine, or to
38 adjudicate the liability of owners for violations of subdivision (d) of
39 section eleven hundred eleven of this chapter in accordance with section
40 eleven hundred eleven-d of this chapter, or to adjudicate the liability
41 of owners for violations of subdivision (d) of section eleven hundred
42 eleven of this chapter in accordance with section eleven hundred
43 eleven-e of this chapter, or to adjudicate the liability of owners for
44 violations of section eleven hundred seventy-four of this chapter in
45 accordance with section eleven hundred seventy-four-a of this chapter,
46 or to adjudicate the liability of owners for violations of toll
47 collection regulations as defined in and in accordance with the
48 provisions of section two thousand nine hundred eighty-five of the
49 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
50 of chapter seven hundred seventy-four of the laws of nineteen hundred
51 fifty, or to adjudicate liability of owners in accordance with section
52 eleven hundred eleven-c of this chapter for violations of bus lane
53 restrictions as defined in such section, or to adjudicate the liability
54 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
55 section eleven hundred eighty of this chapter in accordance with section
56 eleven hundred eighty-b of this chapter, such tribunal and the rules and
S. 4524--B 3
1 regulations pertaining thereto shall be constituted in substantial
2 conformance with the following sections.
3 § 1-b. Section 235 of the vehicle and traffic law, as amended by
4 section 1-b of chapter 222 of the laws of 2015, is amended to read as
5 follows:
6 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
7 general, special or local law or administrative code to the contrary, in
8 any city which heretofore or hereafter is authorized to establish an
9 administrative tribunal to hear and determine complaints of traffic
10 infractions constituting parking, standing or stopping violations, or to
11 adjudicate the liability of owners for violations of subdivision (d) of
12 section eleven hundred eleven of this chapter in accordance with
13 sections eleven hundred eleven-b of this chapter as added by sections
14 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
15 two thousand nine, or to adjudicate the liability of owners for
16 violations of subdivision (d) of section eleven hundred eleven of this
17 chapter in accordance with section eleven hundred eleven-d of this chap-
18 ter, or to adjudicate the liability of owners for violations of subdivi-
19 sion (d) of section eleven hundred eleven of this chapter in accordance
20 with section eleven hundred eleven-e of this chapter, or to adjudicate
21 the liability of owners for violations of section eleven hundred seven-
22 ty-four of this chapter in accordance with section eleven hundred seven-
23 ty-four-a of this chapter, or to adjudicate the liability of owners for
24 violations of toll collection regulations as defined in and in accord-
25 ance with the provisions of section two thousand nine hundred eighty-
26 five of the public authorities law and sections sixteen-a, sixteen-b and
27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
28 hundred fifty, or to adjudicate liability of owners in accordance with
29 section eleven hundred eleven-c of this chapter for violations of bus
30 lane restrictions as defined in such section, or to adjudicate the
31 liability of owners for violations of subdivision (b), (c), (d), (f) or
32 (g) of section eleven hundred eighty of this chapter in accordance with
33 section eleven hundred eighty-b of this chapter, such tribunal and the
34 rules and regulations pertaining thereto shall be constituted in
35 substantial conformance with the following sections.
36 § 1-c. Section 235 of the vehicle and traffic law, as amended by
37 section 1-c of chapter 222 of the laws of 2015, is amended to read as
38 follows:
39 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
40 general, special or local law or administrative code to the contrary, in
41 any city which heretofore or hereafter is authorized to establish an
42 administrative tribunal to hear and determine complaints of traffic
43 infractions constituting parking, standing or stopping violations, or to
44 adjudicate the liability of owners for violations of subdivision (d) of
45 section eleven hundred eleven of this chapter in accordance with section
46 eleven hundred eleven-d of this chapter, or to adjudicate the liability
47 of owners for violations of subdivision (d) of section eleven hundred
48 eleven of this chapter in accordance with section eleven hundred
49 eleven-e of this chapter, or to adjudicate the liability of owners for
50 violations of section eleven hundred seventy-four of this chapter in
51 accordance with section eleven hundred seventy-four-a of this chapter,
52 or to adjudicate the liability of owners for violations of toll
53 collection regulations as defined in and in accordance with the
54 provisions of section two thousand nine hundred eighty-five of the
55 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
56 of chapter seven hundred seventy-four of the laws of nineteen hundred
S. 4524--B 4
1 fifty, or to adjudicate liability of owners in accordance with section
2 eleven hundred eleven-c of this chapter for violations of bus lane
3 restrictions as defined in such section, or to adjudicate the liability
4 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
5 section eleven hundred eighty of this chapter in accordance with section
6 eleven hundred eighty-b of this chapter, such tribunal and the rules and
7 regulations pertaining thereto shall be constituted in substantial
8 conformance with the following sections.
9 § 1-d. Section 235 of the vehicle and traffic law, as amended by
10 section 1-d of chapter 222 of the laws of 2015, is amended to read as
11 follows:
12 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
13 general, special or local law or administrative code to the contrary, in
14 any city which heretofore or hereafter is authorized to establish an
15 administrative tribunal to hear and determine complaints of traffic
16 infractions constituting parking, standing or stopping violations, or to
17 adjudicate the liability of owners for violations of subdivision (d) of
18 section eleven hundred eleven of this chapter in accordance with section
19 eleven hundred eleven-d of this chapter, or to adjudicate the liability
20 of owners for violations of subdivision (d) of section eleven hundred
21 eleven of this chapter in accordance with section eleven hundred
22 eleven-e of this chapter, or to adjudicate the liability of owners for
23 violations of section eleven hundred seventy-four of this chapter in
24 accordance with section eleven hundred seventy-four-a of this chapter,
25 or to adjudicate the liability of owners for violations of toll
26 collection regulations as defined in and in accordance with the
27 provisions of section two thousand nine hundred eighty-five of the
28 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
29 of chapter seven hundred seventy-four of the laws of nineteen hundred
30 fifty, or to adjudicate liability of owners for violations of subdivi-
31 sions (c) and (d) of section eleven hundred eighty of this chapter in
32 accordance with section eleven hundred eighty-b of this chapter, such
33 tribunal and the rules and regulations pertaining thereto shall be
34 constituted in substantial conformance with the following sections.
35 § 1-e. Section 235 of the vehicle and traffic law, as amended by
36 section 1-e of chapter 222 of the laws of 2015, is amended to read as
37 follows:
38 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
39 general, special or local law or administrative code to the contrary, in
40 any city which heretofore or hereafter is authorized to establish an
41 administrative tribunal to hear and determine complaints of traffic
42 infractions constituting parking, standing or stopping violations, or to
43 adjudicate the liability of owners for violations of subdivision (d) of
44 section eleven hundred eleven of this chapter in accordance with section
45 eleven hundred eleven-d of this chapter, or to adjudicate the liability
46 of owners for violations of subdivision (d) of section eleven hundred
47 eleven of this chapter in accordance with section eleven hundred
48 eleven-e of this chapter, or to adjudicate the liability of owners for
49 violations of section eleven hundred seventy-four of this chapter in
50 accordance with section eleven hundred seventy-four-a of this chapter,
51 or to adjudicate the liability of owners for violations of toll
52 collection regulations as defined in and in accordance with the
53 provisions of section two thousand nine hundred eighty-five of the
54 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
55 of chapter seven hundred seventy-four of the laws of nineteen hundred
56 fifty, such tribunal and the rules and regulations pertaining thereto
S. 4524--B 5
1 shall be constituted in substantial conformance with the following
2 sections.
3 § 1-f. Section 235 of the vehicle and traffic law, as amended by
4 section 1-f of chapter 222 of the laws of 2015, is amended to read as
5 follows:
6 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
7 general, special or local law or administrative code to the contrary, in
8 any city which heretofore or hereafter is authorized to establish an
9 administrative tribunal to hear and determine complaints of traffic
10 infractions constituting parking, standing or stopping violations, or to
11 adjudicate the liability of owners for violations of subdivision (d) of
12 section eleven hundred eleven of this chapter in accordance with section
13 eleven hundred eleven-e of this chapter, or to adjudicate the liability
14 of owners for violations of section eleven hundred seventy-four of this
15 chapter in accordance with section eleven hundred seventy-four-a of this
16 chapter, or to adjudicate the liability of owners for violations of toll
17 collection regulations as defined in and in accordance with the
18 provisions of section two thousand nine hundred eighty-five of the
19 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
20 of chapter seven hundred seventy-four of the laws of nineteen hundred
21 fifty, such tribunal and the rules and regulations pertaining thereto
22 shall be constituted in substantial conformance with the following
23 sections.
24 § 1-g. Section 235 of the vehicle and traffic law, as separately
25 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
26 of 1992, is amended to read as follows:
27 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
28 general, special or local law or administrative code to the contrary, in
29 any city which heretofore or hereafter is authorized to establish an
30 administrative tribunal to hear and determine complaints of traffic
31 infractions constituting parking, standing or stopping violations, or to
32 adjudicate the liability of owners for violations of section eleven
33 hundred seventy-four of this chapter in accordance with section eleven
34 hundred seventy-four-a of this chapter, or to adjudicate the liability
35 of owners for violations of toll collection regulations as defined in
36 and in accordance with the provisions of section two thousand nine
37 hundred eighty-five of the public authorities law and sections
38 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
39 of the laws of nineteen hundred fifty, such tribunal and the rules and
40 regulations pertaining thereto shall be constituted in substantial
41 conformance with the following sections.
42 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
43 amended by section 2 of chapter 222 of the laws of 2015, is amended to
44 read as follows:
45 1. Creation. In any city as hereinbefore or hereafter authorized such
46 tribunal when created shall be known as the parking violations bureau
47 and shall have jurisdiction of traffic infractions which constitute a
48 parking violation and, where authorized by local law adopted pursuant to
49 subdivision (a) of section eleven hundred eleven-a of this chapter or
50 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
51 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
52 two of the laws of two thousand nine, or subdivision (a) of section
53 eleven hundred eleven-d of this chapter, or subdivision (a) of section
54 eleven hundred eleven-e of this chapter, or subdivision (a) of section
55 eleven hundred seventy-four-a of this chapter, shall adjudicate the
56 liability of owners for violations of subdivision (d) of section eleven
S. 4524--B 6
1 hundred eleven of this chapter in accordance with such section eleven
2 hundred eleven-a, sections eleven hundred eleven-b as added by sections
3 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
4 two thousand nine, or section eleven hundred eleven-d or section eleven
5 hundred eleven-e and shall adjudicate the liability of owners for
6 violations of toll collection regulations as defined in and in accord-
7 ance with the provisions of section two thousand nine hundred eighty-
8 five of the public authorities law and sections sixteen-a, sixteen-b and
9 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
10 hundred fifty and shall adjudicate liability of owners in accordance
11 with section eleven hundred eleven-c of this chapter for violations of
12 bus lane restrictions as defined in such section and shall adjudicate
13 liability of owners in accordance with section eleven hundred seventy-
14 four-a of this chapter for violations of section eleven hundred seven-
15 ty-four of this chapter and shall adjudicate the liability of owners for
16 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
17 hundred eighty of this chapter in accordance with section eleven hundred
18 eighty-b of this chapter. Such tribunal, except in a city with a popu-
19 lation of one million or more, shall also have jurisdiction of abandoned
20 vehicle violations. For the purposes of this article, a parking
21 violation is the violation of any law, rule or regulation providing for
22 or regulating the parking, stopping or standing of a vehicle. In addi-
23 tion for purposes of this article, "commissioner" shall mean and include
24 the commissioner of traffic of the city or an official possessing
25 authority as such a commissioner.
26 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
27 amended by section 2-a of chapter 222 of the laws of 2015, is amended to
28 read as follows:
29 1. Creation. In any city as hereinbefore or hereafter authorized such
30 tribunal when created shall be known as the parking violations bureau
31 and shall have jurisdiction of traffic infractions which constitute a
32 parking violation and, where authorized by local law adopted pursuant to
33 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
34 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
35 two of the laws of two thousand nine, or subdivision (a) of section
36 eleven hundred eleven-d of this chapter, or subdivision (a) of section
37 eleven hundred eleven-e of this chapter, or subdivision (a) of section
38 eleven hundred seventy-four-a of this chapter, shall adjudicate the
39 liability of owners for violations of subdivision (d) of section eleven
40 hundred eleven of this chapter in accordance with such sections eleven
41 hundred eleven-b as added by sections sixteen of chapters twenty, [twen-
42 ty-one,] and twenty-two of the laws of two thousand nine or section
43 eleven hundred eleven-d or section eleven hundred eleven-e; and shall
44 adjudicate liability of owners in accordance with section eleven hundred
45 eleven-c of this chapter for violations of bus lane restrictions as
46 defined in such section and shall adjudicate liability of owners in
47 accordance with section eleven hundred seventy-four-a of this chapter
48 for violations of section eleven hundred seventy-four of this chapter
49 and shall adjudicate liability of owners for violations of subdivisions
50 (c) and (d) of section eleven hundred eighty of this chapter in accord-
51 ance with section eleven hundred eighty-b of this chapter. For the
52 purposes of this article, a parking violation is the violation of any
53 law, rule or regulation providing for or regulating the parking, stop-
54 ping or standing of a vehicle. In addition for purposes of this article,
55 "commissioner" shall mean and include the commissioner of traffic of the
56 city or an official possessing authority as such a commissioner.
S. 4524--B 7
1 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 amended by section 2-b of chapter 222 of the laws of 2015, is amended to
3 read as follows:
4 1. Creation. In any city as hereinbefore or hereafter authorized such
5 tribunal when created shall be known as the parking violations bureau
6 and shall have jurisdiction of traffic infractions which constitute a
7 parking violation and, where authorized by local law adopted pursuant to
8 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
9 section eleven hundred eleven-e of this chapter, or subdivision (a) of
10 section eleven hundred seventy-four-a of this chapter, shall adjudicate
11 liability of owners in accordance with section eleven hundred eleven-c
12 of this chapter for violations of bus lane restrictions as defined in
13 such section; and shall adjudicate the liability of owners for
14 violations 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. For the purposes of this article, a parking
17 violation is the violation of any law, rule or regulation providing for
18 or regulating the parking, stopping or standing of a vehicle. In addi-
19 tion for purposes of this article, "commissioner" shall mean and include
20 the commissioner of traffic of the city or an official possessing
21 authority as such a commissioner.
22 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
23 amended by section 2-c of chapter 222 of the laws of 2015, is amended to
24 read as follows:
25 1. Creation. In any city as hereinbefore or hereafter authorized such
26 tribunal when created shall be known as the parking violations bureau
27 and, where authorized by local law adopted pursuant to subdivision (a)
28 of section eleven hundred eleven-d of this chapter or subdivision (a) of
29 section eleven hundred eleven-e of this chapter, or subdivision (a) of
30 section eleven hundred seventy-four-a of this chapter, shall have juris-
31 diction of traffic infractions which constitute a parking violation and
32 shall adjudicate the liability of owners for violations of subdivision
33 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
34 ter in accordance with section eleven hundred eighty-b of this chapter.
35 For the purposes of this article, a parking violation is the violation
36 of any law, rule or regulation providing for or regulating the parking,
37 stopping or standing of a vehicle. In addition for purposes of this
38 article, "commissioner" shall mean and include the commissioner of traf-
39 fic of the city or an official possessing authority as such a commis-
40 sioner.
41 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
42 amended by section 2-d of chapter 222 of the laws of 2015, is amended to
43 read as 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, where authorized by local law adopted pursuant to subdivision (a)
47 of section eleven hundred eleven-d of this chapter or subdivision (a) of
48 section eleven hundred eleven-e of this chapter, or subdivision (a) of
49 section eleven hundred seventy-four-a of this chapter, shall have juris-
50 diction of traffic infractions which constitute a parking violation. For
51 the purposes of this article, a parking violation is the violation of
52 any law, rule or regulation providing for or regulating the parking,
53 stopping or standing of a vehicle. In addition for purposes of this
54 article, "commissioner" shall mean and include the commissioner of traf-
55 fic of the city or an official possessing authority as such a commis-
56 sioner.
S. 4524--B 8
1 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 amended by section 2-e of chapter 222 of the laws of 2015, is amended to
3 read as follows:
4 1. Creation. In any city as hereinbefore or hereafter authorized such
5 tribunal when created shall be known as the parking violations bureau
6 and where authorized by local law adopted pursuant to subdivision (a) of
7 section eleven hundred eleven-e or subdivision (a) of section eleven
8 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
9 fic infractions which constitute a parking violation. For the purposes
10 of this article, a parking violation is the violation of any law, rule
11 or regulation providing for or regulating the parking, stopping or
12 standing of a vehicle. In addition for purposes of this article,
13 "commissioner" shall mean and include the commissioner of traffic of the
14 city or an official possessing authority as such a commissioner.
15 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
16 added by chapter 715 of the laws of 1972, is amended to read as follows:
17 1. Creation. In any city as hereinbefore or hereafter authorized such
18 tribunal when created shall be known as the parking violations bureau
19 and where authorized by local law adopted pursuant to subdivision (a) of
20 section eleven hundred seventy-four-a of this chapter, shall have juris-
21 diction of traffic infractions which constitute a parking violation. For
22 the purposes of this article, a parking violation is the violation of
23 any law, rule or regulation providing for or regulating the parking,
24 stopping or standing of a vehicle. In addition for purposes of this
25 article, "commissioner" shall mean and include the commissioner of traf-
26 fic of the city or an official possessing authority as such a commis-
27 sioner.
28 § 3. Section 237 of the vehicle and traffic law is amended by adding a
29 new subdivision 16 to read as follows:
30 16. To adjudicate the liability of owners for violations of section
31 eleven hundred seventy-four of this chapter in accordance with section
32 eleven hundred seventy-four-a of this chapter, if authorized by local
33 law adopted pursuant to subdivision (a) of such section eleven hundred
34 seventy-four-a.
35 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
36 traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
37 is amended to read as follows:
38 f. "Notice of violation" means a notice of violation as defined in
39 subdivision nine of section two hundred thirty-seven of this article,
40 but shall not be deemed to include a notice of liability issued pursuant
41 to authorization set forth in section eleven hundred eleven-a of this
42 chapter, or sections eleven hundred eleven-b of this chapter as added by
43 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
44 laws of two thousand nine, or section eleven hundred eleven-d of this
45 chapter, or section eleven hundred eleven-e of this chapter, or section
46 eleven hundred seventy-four-a of this chapter, and shall not be deemed
47 to include a notice of liability issued pursuant to section two thousand
48 nine hundred eighty-five of the public authorities law and sections
49 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
50 of the laws of nineteen hundred fifty and shall not be deemed to include
51 a notice of liability issued pursuant to section eleven hundred eleven-c
52 of this chapter and shall not be deemed to include a notice of liability
53 issued pursuant to section eleven hundred eighty-b of this chapter.
54 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
55 traffic law, as amended by section 4-a of chapter 222 of the laws of
56 2015, is amended to read as follows:
S. 4524--B 9
1 f. "Notice of violation" means a notice of violation as defined in
2 subdivision nine of section two hundred thirty-seven of this article but
3 shall not be deemed to include a notice of liability issued pursuant to
4 authorization set forth in sections eleven hundred eleven-b of this
5 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
6 and twenty-two of the laws of two thousand nine or section eleven
7 hundred eleven-d of this chapter or section eleven hundred eleven-e of
8 this chapter or section eleven hundred seventy-four-a of this chapter
9 and shall not be deemed to include a notice of liability issued pursuant
10 to section eleven hundred eleven-c of this chapter and shall not be
11 deemed to include a notice of liability issued pursuant to section elev-
12 en hundred eighty-b of this chapter.
13 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as amended by section 4-b of chapter 222 of the laws of
15 2015, is amended to read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article and
18 shall not be deemed to include a notice of liability issued pursuant to
19 authorization set forth in section eleven hundred eleven-d of this chap-
20 ter or to a notice of liability issued pursuant to authorization set
21 forth in section eleven hundred eleven-e of this chapter or to a notice
22 of liability issued pursuant to authorization set forth in section elev-
23 en hundred seventy-four-a of this chapter and shall not be deemed to
24 include a notice of liability issued pursuant to section eleven hundred
25 eleven-c of this chapter and shall not be deemed to include a notice of
26 liability issued pursuant to section eleven hundred eighty-b of this
27 chapter.
28 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
29 traffic law, as amended by section 4-c of chapter 222 of the laws of
30 2015, is amended to read as follows:
31 f. "Notice of violation" means a notice of violation as defined in
32 subdivision nine of section two hundred thirty-seven of this article and
33 shall not be deemed to include a notice of liability issued pursuant to
34 authorization set forth in section eleven hundred eleven-d of this chap-
35 ter or to a notice of liability issued pursuant to authorization set
36 forth in section eleven hundred eleven-e of this chapter or to a notice
37 of liability issued pursuant to authorization set forth in section elev-
38 en hundred seventy-four-a of this chapter and shall not be deemed to
39 include a notice of liability issued pursuant to section eleven hundred
40 eighty-b of this chapter.
41 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
42 traffic law, as amended by section 4-d of chapter 222 of the laws of
43 2015, is amended to read as follows:
44 f. "Notice of violation" means a notice of violation as defined in
45 subdivision nine of section two hundred thirty-seven of this article and
46 shall not be deemed to include a notice of liability issued pursuant to
47 authorization set forth in section eleven hundred eleven-d of this chap-
48 ter or to a notice of liability issued pursuant to authorization set
49 forth in section eleven hundred eleven-e of this chapter or to a notice
50 of liability issued pursuant to authorization set forth in section elev-
51 en hundred seventy-four-a of this chapter.
52 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
53 traffic law, as amended by section 4-e of chapter 222 of the laws of
54 2015, is amended to read as follows:
55 f. "Notice of violation" means a notice of violation as defined in
56 subdivision nine of section two hundred thirty-seven of this article and
S. 4524--B 10
1 shall not be deemed to include a notice of liability issued pursuant to
2 authorization set forth in section eleven hundred eleven-e of this chap-
3 ter or to a notice of liability issued pursuant to authorization set
4 forth in section eleven hundred seventy-four-a of this chapter.
5 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
6 traffic law, as added by chapter 180 of the laws of 1980, is amended to
7 read as follows:
8 f. "Notice of violation" means a notice of violation as defined in
9 subdivision nine of section two hundred thirty-seven of this article and
10 shall not be deemed to include a notice of liability issued pursuant to
11 authorization set forth in section eleven hundred seventy-four-a of this
12 chapter.
13 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
14 law, as amended by section 5 of chapter 222 of the laws of 2015, are
15 amended to read as 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 section eleven hundred eleven-a of this chapter or
19 sections eleven hundred eleven-b of this chapter as added by sections
20 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
21 two thousand nine or section eleven hundred eleven-d of this chapter, or
22 section eleven hundred eleven-e of this chapter, or section eleven
23 hundred seventy-four-a of this chapter, for a violation of subdivision
24 (d) of section eleven hundred eleven of this chapter contests such alle-
25 gation, or a person alleged to be liable in accordance with the
26 provisions of section two thousand nine hundred eighty-five of the
27 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
28 chapter seven hundred seventy-four of the laws of nineteen hundred
29 fifty, or a person alleged to be liable in accordance with the
30 provisions of section eleven hundred eleven-c of this chapter for a
31 violation of a bus lane restriction as defined in such section contests
32 such allegation, or a person alleged to be liable in accordance with the
33 provisions of section eleven hundred eighty-b of this chapter for a
34 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
35 hundred eighty of this chapter contests such allegation, the bureau
36 shall advise such person personally by such form of first class mail as
37 the director may direct of the date on which he or she must appear to
38 answer the charge at a hearing. The form and content of such notice of
39 hearing shall be prescribed by the director, and shall contain a warning
40 to advise the person so pleading or contesting that failure to appear on
41 the date designated, or on any subsequent adjourned date, shall be
42 deemed an admission of liability, and that a default judgment may be
43 entered thereon.
44 1-a. Fines and penalties. Whenever a plea of not guilty has been
45 entered, or the bureau has been notified that an allegation of liability
46 in accordance with section eleven hundred eleven-a of this chapter or
47 sections eleven hundred eleven-b of this chapter as added by sections
48 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
49 two thousand nine or section eleven hundred eleven-d of this chapter or
50 section eleven hundred eleven-e of this chapter or section eleven
51 hundred seventy-four-a of this chapter or an allegation of liability in
52 accordance with section two thousand nine hundred eighty-five of the
53 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
54 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
55 or an allegation of liability in accordance with section eleven hundred
56 eleven-c of this chapter or an allegation of liability in accordance
S. 4524--B 11
1 with section eleven hundred eighty-b of this chapter, is being
2 contested, by a person in a timely fashion and a hearing upon the merits
3 has been demanded, but has not yet been held, the bureau shall not issue
4 any notice of fine or penalty to that person prior to the date of the
5 hearing.
6 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
7 fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
8 are amended to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty or a person alleged to be liable
11 in accordance with sections eleven hundred eleven-b of this chapter as
12 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
13 two of the laws of two thousand nine or section eleven hundred eleven-d
14 of this chapter or section eleven hundred eleven-e of this chapter or
15 section eleven hundred seventy-four-a of this chapter for a violation of
16 subdivision (d) of section eleven hundred eleven of this chapter, or a
17 person alleged to be liable in accordance with the provisions of section
18 eleven hundred eleven-c of this chapter for a violation of a bus lane
19 restriction as defined in such section contests such allegation, or a
20 person alleged to be liable in accordance with the provisions of section
21 eleven hundred eighty-b of this chapter for violations of subdivision
22 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
23 ter contests such allegation, the bureau shall advise such person
24 personally by such form of first class mail as the director may direct
25 of the date on which he or she must appear to answer the charge at a
26 hearing. The form and content of such notice of hearing shall be
27 prescribed by the director, and shall contain a warning to advise the
28 person so pleading or contesting that failure to appear on the date
29 designated, or on any subsequent adjourned date, shall be deemed an
30 admission of liability, and that a default judgment may be entered ther-
31 eon.
32 1-a. Fines and penalties. Whenever a plea of not guilty has been
33 entered, or the bureau has been notified that an allegation of liability
34 in accordance with sections eleven hundred eleven-b of this chapter, as
35 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
36 two of the laws of two thousand nine or in accordance with section elev-
37 en hundred eleven-d of this chapter, or in accordance with section elev-
38 en hundred eleven-e of this chapter or section eleven hundred
39 seventy-four-a of this chapter or an allegation of liability in accord-
40 ance with section eleven hundred eleven-c of this chapter or an allega-
41 tion of liability in accordance with section eleven hundred eighty-b of
42 this chapter is being contested, by a person in a timely fashion and a
43 hearing upon the merits has been demanded, but has not yet been held,
44 the bureau shall not issue any notice of fine or penalty to that person
45 prior to the date of the hearing.
46 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
47 fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
48 are amended to read as follows:
49 1. Notice of hearing. Whenever a person charged with a parking
50 violation enters a plea of not guilty or a person alleged to be liable
51 in accordance with section eleven hundred eleven-d of this chapter or in
52 accordance with section eleven hundred eleven-e of this chapter or
53 section eleven hundred seventy-four-a of this chapter or in accordance
54 with the provisions of section eleven hundred eleven-c of this chapter
55 for a violation of a bus lane restriction as defined in such section,
56 contests such allegation, or a person alleged to be liable in accordance
S. 4524--B 12
1 with the provisions of section eleven hundred eighty-b of this chapter
2 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
3 en hundred eighty of this chapter contests such allegation, the bureau
4 shall advise such person personally by such form of first class mail as
5 the director may direct of the date on which he or she must appear to
6 answer the charge at a hearing. The form and content of such notice of
7 hearing shall be prescribed by the director, and shall contain a warning
8 to advise the person so pleading that failure to appear on the date
9 designated, or on any subsequent adjourned date, shall be deemed an
10 admission of liability, and that a default judgment may be entered ther-
11 eon.
12 1-a. Fines and penalties. Whenever a plea of not guilty has been
13 entered, or the bureau has been notified that an allegation of liability
14 in accordance with section eleven hundred eleven-d of this chapter or in
15 accordance with section eleven hundred eleven-e of this chapter or
16 section eleven hundred seventy-four-a of this chapter or in accordance
17 with section eleven hundred eleven-c of this chapter or an allegation of
18 liability in accordance with section eleven hundred eighty-b of this
19 chapter is being contested, by a person in a timely fashion and a hear-
20 ing upon the merits has been demanded, but has not yet been held, the
21 bureau shall not issue any notice of fine or penalty to that person
22 prior to the date of the hearing.
23 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
24 fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
25 are amended to read as follows:
26 1. Notice of hearing. Whenever a person charged with a parking
27 violation enters a plea of not guilty, or a person alleged to be liable
28 in accordance with section eleven hundred eleven-d of this chapter, or a
29 person alleged to be liable in accordance with section eleven hundred
30 eleven-e of this chapter, or a person alleged to be liable in accordance
31 with section eleven hundred seventy-four-a of this chapter, or a person
32 alleged to be liable in accordance with the provisions of section eleven
33 hundred eighty-b of this chapter for violations of subdivision (b), (c),
34 (d), (f) or (g) of section eleven hundred eighty of this chapter
35 contests such allegation, the bureau shall advise such person personally
36 by such form of first class mail as the director may direct of the date
37 on which he or she must appear to answer the charge at a hearing. The
38 form and content of such notice of hearing shall be prescribed by the
39 director, and shall contain a warning to advise the person so pleading
40 that failure to appear on the date designated, or on any subsequent
41 adjourned date, shall be deemed an admission of liability, and that a
42 default judgment may be entered thereon.
43 1-a. Fines and penalties. Whenever a plea of not guilty has been
44 entered, or the bureau has been notified that an allegation of liability
45 in accordance with section eleven hundred eleven-d of this chapter, or
46 the bureau has been notified that an allegation of liability in accord-
47 ance with section eleven hundred eleven-e of this chapter, or the bureau
48 has been notified that an allegation of liability in accordance with
49 section eleven hundred seventy-four-a of this chapter, or the bureau has
50 been notified that an allegation of liability in accordance with section
51 eleven hundred eighty-b of this chapter, is being contested, by a person
52 in a timely fashion and a hearing upon the merits has been demanded, but
53 has not yet been held, the bureau shall not issue any notice of fine or
54 penalty to that person prior to the date of the hearing.
S. 4524--B 13
1 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
2 fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
3 are amended to read as follows:
4 1. Notice of hearing. Whenever a person charged with a parking
5 violation enters a plea of not guilty, or a person alleged to be liable
6 in accordance with section eleven hundred eleven-d of this chapter
7 contests such allegation, or a person alleged to be liable in accordance
8 with section eleven hundred eleven-e of this chapter contests such alle-
9 gation, or a person alleged to be liable in accordance with section
10 eleven hundred seventy-four-a of this chapter contests such allegation,
11 the bureau shall advise such person personally by such form of first
12 class mail as the director may direct of the date on which he or she
13 must appear to answer the charge at a hearing. The form and content of
14 such notice of hearing shall be prescribed by the director, and shall
15 contain a warning to advise the person so pleading that failure to
16 appear on the date designated, or on any subsequent adjourned date,
17 shall be deemed an admission of liability, and that a default judgment
18 may be entered thereon.
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-d of this chapter, is
22 being contested, or the bureau has been notified that an allegation of
23 liability in accordance with section eleven hundred eleven-e of this
24 chapter, is being contested, or the bureau has been notified that an
25 allegation of liability in accordance with section eleven hundred seven-
26 ty-four-a of this chapter, is being contested, by a person in a timely
27 fashion and a hearing upon the merits has been demanded, but has not yet
28 been held, the bureau shall not issue any notice of fine or penalty to
29 that person prior to the date of the hearing.
30 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
31 fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
32 are amended to read as follows:
33 1. Notice of hearing. Whenever a person charged with a parking
34 violation enters a plea of not guilty, or a person alleged to be liable
35 in accordance with section eleven hundred eleven-e of this chapter
36 contests such allegation, or a person alleged to be liable in accordance
37 with section eleven hundred seventy-four-a of this chapter contests such
38 allegation, the bureau shall advise such person personally by such form
39 of first class mail as the director may direct of the date on which he
40 or she must appear to answer the charge at a hearing. The form and
41 content of such notice of hearing shall be prescribed by the director,
42 and shall contain a warning to advise the person so pleading that fail-
43 ure to appear on the date designated, or on any subsequent adjourned
44 date, shall be deemed an admission of liability, and that a default
45 judgment may be entered thereon.
46 1-a. Fines and penalties. Whenever a plea of not guilty has been
47 entered, or the bureau has been notified that an allegation of liability
48 in accordance with section eleven hundred eleven-e of this chapter, is
49 being contested, or the bureau has been notified that an allegation of
50 liability in accordance with section eleven hundred seventy-four-a of
51 this chapter, is being contested, by a person in a timely fashion and a
52 hearing upon the merits has been demanded, but has not yet been held,
53 the bureau shall not issue any notice of fine or penalty to that person
54 prior to the date of the hearing.
55 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
56 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
S. 4524--B 14
1 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
2 to read as follows:
3 1. Notice of hearing. Whenever a person charged with a parking
4 violation enters a plea of not guilty, or a person alleged to be liable
5 in accordance with section eleven hundred seventy-four-a of this chapter
6 contests such allegation, the bureau shall advise such person personally
7 by such form of first class mail as the director may direct of the date
8 on which he or she must appear to answer the charge at a hearing. The
9 form and content of such notice of hearing shall be prescribed by the
10 director, and shall contain a warning to advise the person so pleading
11 that failure to appear on the date designated, or on any subsequent
12 adjourned date, shall be deemed an admission of liability, and that a
13 default judgment may be entered thereon.
14 1-a. Fines and penalties. Whenever a plea of not guilty has been
15 entered, or the bureau has been notified that an allegation of liability
16 in accordance with section eleven hundred seventy-four-a of this chap-
17 ter, is being contested, by a person in a timely fashion and a hearing
18 upon the merits has been demanded, but has not yet been held, the bureau
19 shall not issue any notice of fine or penalty to that person prior to
20 the date of the hearing.
21 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
22 and traffic law, as amended by section 6 of chapter 222 of the laws of
23 2015, are amended to read as follows:
24 a. Every hearing for the adjudication of a charge of parking violation
25 or an allegation of liability in accordance with section eleven hundred
26 eleven-a of this chapter or in accordance with sections eleven hundred
27 eleven-b of this chapter as added by sections sixteen of chapters twen-
28 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
29 accordance with section eleven hundred eleven-d of this chapter or in
30 accordance with section eleven hundred eleven-e of this chapter or in
31 accordance with section eleven hundred seventy-four-a of this chapter or
32 an allegation of liability in accordance with section two thousand nine
33 hundred eighty-five of the public authorities law or sections sixteen-a,
34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
35 laws of nineteen hundred fifty or an allegation of liability in accord-
36 ance with section eleven hundred eleven-c of this chapter or an allega-
37 tion of liability in accordance with section eleven hundred eighty-b of
38 this chapter, shall be held before a hearing examiner in accordance with
39 rules and regulations promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or of a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-a of this chapter or in accordance with sections eleven hundred
43 eleven-b of this chapter as added by sections sixteen of chapters twen-
44 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
45 accordance with section eleven hundred eleven-d of this chapter is
46 contested or in accordance with section eleven hundred eleven-e of this
47 chapter is contested or in accordance with section eleven hundred seven-
48 ty-four-a of this chapter is contested or of a hearing at which liabil-
49 ity in accordance with section two thousand nine hundred eighty-five of
50 the public authorities law or sections sixteen-a, sixteen-b and
51 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
52 hundred fifty is contested or of a hearing at which liability in accord-
53 ance with section eleven hundred eleven-c of this chapter or a hearing
54 at which liability in accordance with section eleven hundred eighty-b of
55 this chapter is contested. Recording devices may be used for the making
56 of the record.
S. 4524--B 15
1 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as amended by section 6-a of chapter 222 of the
3 laws of 2015, are amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with sections eleven hundred
6 eleven-b of this chapter, as added by sections sixteen of chapters twen-
7 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
8 accordance with section eleven hundred eleven-d of this chapter or in
9 accordance with section eleven hundred eleven-e of this chapter or in
10 accordance with section eleven hundred seventy-four-a of this chapter or
11 an allegation of liability in accordance with section eleven hundred
12 eleven-c of this chapter or an allegation of liability in accordance
13 with section eleven hundred eighty-b of this chapter, shall be held
14 before a hearing examiner in accordance with rules and regulations
15 promulgated by the bureau.
16 g. A record shall be made of a hearing on a plea of not guilty or of a
17 hearing at which liability in accordance with sections eleven hundred
18 eleven-b of this chapter, as added by sections sixteen of chapters twen-
19 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
20 accordance with section eleven hundred eleven-d of this chapter or in
21 accordance with section eleven hundred eleven-e of this chapter or in
22 accordance with section eleven hundred seventy-four-a of this chapter or
23 of a hearing at which liability in accordance with section eleven
24 hundred eleven-c of this chapter or a hearing at which liability in
25 accordance with section eleven hundred eighty-b of this chapter is
26 contested. Recording devices may be used for the making of the record.
27 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
28 cle and traffic law, as amended by section 6-b of chapter 222 of the
29 laws of 2015, are amended to read as follows:
30 a. Every hearing for the adjudication of a charge of parking violation
31 or an allegation of liability in accordance with section eleven hundred
32 seventy-four-a of this chapter or an allegation of liability in accord-
33 ance with section eleven hundred eleven-e of this chapter or an allega-
34 tion of liability in accordance with section eleven hundred eleven-d of
35 this chapter or an allegation of liability in accordance with section
36 eleven hundred eleven-c of this chapter or an allegation of liability in
37 accordance with section eleven hundred eighty-b of this chapter shall be
38 held before a hearing examiner in accordance with rules and regulations
39 promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or of a
41 hearing at which liability in accordance with section eleven hundred
42 seventy-four-a of this chapter or of a hearing at which liability in
43 accordance with section eleven hundred eleven-e of this chapter or of a
44 hearing at which liability in accordance with section eleven hundred
45 eleven-d of this chapter or of a hearing at which liability in accord-
46 ance with section eleven hundred eleven-c of this chapter or a hearing
47 at which liability in accordance with section eleven hundred eighty-b of
48 this chapter is contested. Recording devices may be used for the making
49 of the record.
50 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
51 cle and traffic law, as amended by section 6-c of chapter 222 of the
52 laws of 2015, are amended to read as follows:
53 a. Every hearing for the adjudication of a charge of parking violation
54 or an allegation of liability in accordance with section eleven hundred
55 seventy-four-a of this chapter or an allegation of liability in accord-
56 ance with section eleven hundred eleven-e of this chapter or an allega-
S. 4524--B 16
1 tion of liability in accordance with section eleven hundred eleven-d of
2 this chapter or an allegation of liability in accordance with section
3 eleven hundred eighty-b of this chapter shall be held before a hearing
4 examiner in accordance with rules and regulations promulgated by the
5 bureau.
6 g. A record shall be made of a hearing on a plea of not guilty or of a
7 hearing at which liability in accordance with section eleven hundred
8 seventy-four-a of this chapter or of a hearing at which liability in
9 accordance with section eleven hundred eleven-e of this chapter or of a
10 hearing at which liability in accordance with section eleven hundred
11 eleven-d of this chapter or a hearing at which liability in accordance
12 with section eleven hundred eighty-b of this chapter is contested.
13 Recording devices may be used for the making of the record.
14 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
15 cle and traffic law, as amended by section 6-d of chapter 222 of the
16 laws of 2015, are amended to read as follows:
17 a. Every hearing for the adjudication of a charge of parking violation
18 or an allegation of liability in accordance with section eleven hundred
19 seventy-four-a of this chapter or an allegation of liability in accord-
20 ance with section eleven hundred eleven-e of this chapter or an allega-
21 tion of liability in accordance with section eleven hundred eleven-d of
22 this chapter shall be held before a hearing examiner in accordance with
23 rules and regulations promulgated by the bureau.
24 g. A record shall be made of a hearing on a plea of not guilty or a
25 hearing at which liability in accordance with section eleven hundred
26 eleven-d of this chapter is contested or of a hearing at which liability
27 in accordance with section eleven hundred seventy-four-a of this chapter
28 or a hearing at which liability in accordance with section eleven
29 hundred eleven-e of this chapter is contested. Recording devices may be
30 used for the making of the record.
31 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
32 cle and traffic law, as amended by section 6-e of chapter 222 of the
33 laws of 2015, are amended to read as follows:
34 a. Every hearing for the adjudication of a charge of parking violation
35 or an allegation of liability in accordance with section eleven hundred
36 eleven-e of this chapter or an allegation of liability in accordance
37 with section eleven hundred seventy-four-a of this chapter shall be held
38 before a hearing examiner in accordance with rules and regulations
39 promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or a
41 hearing at which liability in accordance with section eleven hundred
42 eleven-e of this chapter is contested or a hearing at which liability in
43 accordance with section eleven hundred seventy-four-a of this chapter is
44 contested. Recording devices may be used for the making of the record.
45 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
46 cle and traffic law, as added by chapter 715 of the laws of 1972, are
47 amended to read as follows:
48 a. Every hearing for the adjudication of a charge of parking violation
49 or an allegation of liability in accordance with section eleven hundred
50 seventy-four-a of this chapter shall be held before a hearing examiner
51 in accordance with rules and regulations promulgated by the bureau.
52 g. A record shall be made of a hearing on a plea of not guilty or a
53 hearing at which liability in accordance with section eleven hundred
54 seventy-four-a of this chapter is contested. Recording devices may be
55 used for the making of the record.
S. 4524--B 17
1 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 7 of chapter 222 of the laws of 2015, are
3 amended to read as follows:
4 1. The hearing examiner shall make a determination on the charges,
5 either sustaining or dismissing them. Where the hearing examiner deter-
6 mines that the charges have been sustained he or she may examine either
7 the prior parking violations record or the record of liabilities
8 incurred in accordance with section eleven hundred eleven-a of this
9 chapter or in accordance with sections eleven hundred eleven-b of this
10 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
11 and twenty-two of the laws of two thousand nine or in accordance with
12 section eleven hundred eleven-d of this chapter or in accordance with
13 section eleven hundred eleven-e of this chapter or in accordance with
14 section eleven hundred seventy-four-a of this chapter or the record of
15 liabilities incurred in accordance with section two thousand nine
16 hundred eighty-five of the public authorities law or sections sixteen-a,
17 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
18 laws of nineteen hundred fifty of the person charged, or the record of
19 liabilities incurred in accordance with section eleven hundred eleven-c
20 of this chapter, or the record of liabilities incurred in accordance
21 with section eleven hundred eighty-b of this chapter, as applicable
22 prior to rendering a final determination. Final determinations sustain-
23 ing or dismissing charges shall be entered on a final determination roll
24 maintained by the bureau together with records showing payment and
25 nonpayment of penalties.
26 2. Where an operator or owner fails to enter a plea to a charge of a
27 parking violation or contest an allegation of liability in accordance
28 with section eleven hundred eleven-a of this chapter or in accordance
29 with sections eleven hundred eleven-b of this chapter as added by
30 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
31 laws of two thousand nine or in accordance with section eleven hundred
32 eleven-d of this chapter or in accordance with section eleven hundred
33 eleven-e of this chapter or in accordance with section eleven hundred
34 seventy-four-a of this chapter or fails to contest an allegation of
35 liability in accordance with section two thousand nine hundred eighty-
36 five of the public authorities law or sections sixteen-a, sixteen-b and
37 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
38 hundred fifty, or fails to contest an allegation of liability in accord-
39 ance with section eleven hundred eleven-c of this chapter or fails to
40 contest an allegation of liability in accordance with section eleven
41 hundred eighty-b of this chapter or fails to appear on a designated
42 hearing date or subsequent adjourned date or fails after a hearing to
43 comply with the determination of a hearing examiner, as prescribed by
44 this article or by rule or regulation of the bureau, such failure to
45 plead or contest, appear or comply shall be deemed, for all purposes, an
46 admission of liability and shall be grounds for rendering and entering a
47 default judgment in an amount provided by the rules and regulations of
48 the bureau. However, after the expiration of the original date
49 prescribed for entering a plea and before a default judgment may be
50 rendered, in such case the bureau shall pursuant to the applicable
51 provisions of law notify such operator or owner, by such form of first
52 class mail as the commission may direct; (1) of the violation charged,
53 or liability in accordance with section eleven hundred eleven-a of this
54 chapter or in accordance with sections eleven hundred eleven-b of this
55 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
56 and twenty-two of the laws of two thousand nine or in accordance with
S. 4524--B 18
1 section eleven hundred eleven-d of this chapter or in accordance with
2 section eleven hundred eleven-e of this chapter or in accordance with
3 section eleven hundred seventy-four-a of this chapter alleged or liabil-
4 ity in accordance with section two thousand nine hundred eighty-five of
5 the public authorities law or sections sixteen-a, sixteen-b and
6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
7 hundred fifty alleged or liability in accordance with section eleven
8 hundred eleven-c of this chapter or liability in accordance with section
9 eleven hundred eighty-b of this chapter alleged, (2) of the impending
10 default judgment, (3) that such judgment will be entered in the Civil
11 Court of the city in which the bureau has been established, or other
12 court of civil jurisdiction or any other place provided for the entry of
13 civil judgments within the state of New York, and (4) that a default may
14 be avoided by entering a plea or contesting an allegation of liability
15 in accordance with section eleven hundred eleven-a of this chapter or in
16 accordance with sections eleven hundred eleven-b of this chapter as
17 added by sections sixteen of chapters twenty, [twenty-one,] and twenty-
18 two of the laws of two thousand nine or in accordance with section elev-
19 en hundred eleven-d of this chapter or in accordance with section eleven
20 hundred eleven-e of this chapter or in accordance with section eleven
21 hundred seventy-four-a of this chapter or contesting an allegation of
22 liability in accordance with section two thousand nine hundred eighty-
23 five of the public authorities law or sections sixteen-a, sixteen-b and
24 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
25 hundred fifty or contesting an allegation of liability in accordance
26 with section eleven hundred eleven-c of this chapter or contesting an
27 allegation of liability in accordance with section eleven hundred eight-
28 y-b of this chapter, as appropriate, or making an appearance within
29 thirty days of the sending of such notice. Pleas entered and allegations
30 contested within that period shall be in the manner prescribed in the
31 notice and not subject to additional penalty or fee. Such notice of
32 impending default judgment shall not be required prior to the rendering
33 and entry thereof in the case of operators or owners who are non-resi-
34 dents of the state of New York. In no case shall a default judgment be
35 rendered or, where required, a notice of impending default judgment be
36 sent, more than two years after the expiration of the time prescribed
37 for entering a plea or contesting an allegation. When a person has
38 demanded a hearing, no fine or penalty shall be imposed for any reason,
39 prior to the holding of the hearing. If the hearing examiner shall make
40 a determination on the charges, sustaining them, he or she shall impose
41 no greater penalty or fine than those upon which the person was
42 originally charged.
43 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
44 law, as amended by section 7-a of chapter 222 of the laws of 2015, are
45 amended to read as follows:
46 1. The hearing examiner shall make a determination on the charges,
47 either sustaining or dismissing them. Where the hearing examiner deter-
48 mines that the charges have been sustained he or she may examine either
49 the prior parking violations record or the record of liabilities
50 incurred in accordance with sections eleven hundred eleven-b of this
51 chapter as added by sections sixteen of chapters twenty, [twenty-one,]
52 and twenty-two of the laws of two thousand nine or in accordance with
53 section eleven hundred eleven-d of this chapter or in accordance with
54 section eleven hundred eleven-e of this chapter or in accordance with
55 section eleven hundred seventy-four-a of this chapter of the person
56 charged, or the record of liabilities incurred in accordance with
S. 4524--B 19
1 section eleven hundred eleven-c of this chapter, or the record of
2 liabilities incurred in accordance with section eleven hundred eighty-b
3 of this chapter, as applicable prior to rendering a final determination.
4 Final determinations sustaining or dismissing charges shall be entered
5 on a final determination roll maintained by the bureau together with
6 records showing payment and nonpayment of penalties.
7 2. Where an operator or owner fails to enter a plea to a charge of a
8 parking violation or contest an allegation of liability in accordance
9 with sections eleven hundred eleven-b of this chapter as added by
10 sections sixteen of chapters twenty, [twenty-one,] and twenty-two of the
11 laws of two thousand nine or in accordance with section eleven hundred
12 eleven-d of this chapter, or in accordance with section eleven hundred
13 eleven-e of this chapter, or in accordance with section eleven hundred
14 seventy-four-a of this chapter, or fails to contest an allegation of
15 liability in accordance with section eleven hundred eleven-c of this
16 chapter, or fails to contest an allegation of liability incurred in
17 accordance with section eleven hundred eighty-b of this chapter, or
18 fails to appear on a designated hearing date or subsequent adjourned
19 date or fails after a hearing to comply with the determination of a
20 hearing examiner, as prescribed by this article or by rule or regulation
21 of the bureau, such failure to plead, contest, appear or comply shall be
22 deemed, for all purposes, an admission of liability and shall be grounds
23 for rendering and entering a default judgment in an amount provided by
24 the rules and regulations of the bureau. However, after the expiration
25 of the original date prescribed for entering a plea and before a default
26 judgment may be rendered, in such case the bureau shall pursuant to the
27 applicable provisions of law notify such operator or owner, by such form
28 of first class mail as the commission may direct; (1) of the violation
29 charged, or liability in accordance with sections eleven hundred
30 eleven-b of this chapter, as added by sections sixteen of chapters twen-
31 ty, [twenty-one,] and twenty-two of the laws of two thousand nine or in
32 accordance with section eleven hundred eleven-d of this chapter, or in
33 accordance with section eleven hundred eleven-e of this chapter, or in
34 accordance with section eleven hundred seventy-four-a of this chapter,
35 or liability in accordance with section eleven hundred eleven-c of this
36 chapter or liability in accordance with section eleven hundred eighty-b
37 of this chapter alleged, (2) of the impending default judgment, (3) that
38 such judgment will be entered in the Civil Court of the city in which
39 the bureau has been established, or other court of civil jurisdiction or
40 any other place provided for the entry of civil judgments within the
41 state of New York, and (4) that a default may be avoided by entering a
42 plea or contesting an allegation of liability in accordance with
43 sections eleven hundred eleven-b of this chapter as added by sections
44 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
45 two thousand nine or in accordance with section eleven hundred eleven-d
46 of this chapter or in accordance with section eleven hundred eleven-e of
47 this chapter, or in accordance with section eleven hundred
48 seventy-four-a of this chapter, or contesting an allegation of liability
49 in accordance with section eleven hundred eleven-c of this chapter or
50 contesting an allegation of liability in accordance with section eleven
51 hundred eighty-b of this chapter as appropriate, or making an appearance
52 within thirty days of the sending of such notice. Pleas entered and
53 allegations contested within that period shall be in the manner
54 prescribed in the notice and not subject to additional penalty or fee.
55 Such notice of impending default judgment shall not be required prior to
56 the rendering and entry thereof in the case of operators or owners who
S. 4524--B 20
1 are non-residents of the state of New York. In no case shall a default
2 judgment be rendered or, where required, a notice of impending default
3 judgment be sent, more than two years after the expiration of the time
4 prescribed for entering a plea or contesting an allegation. When a
5 person has demanded a hearing, no fine or penalty shall be imposed for
6 any reason, prior to the holding of the hearing. If the hearing examiner
7 shall make a determination on the charges, sustaining them, he or she
8 shall impose no greater penalty or fine than those upon which the person
9 was originally charged.
10 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
11 law, as amended by section 7-b of chapter 222 of the laws of 2015, are
12 amended to read as follows:
13 1. The hearing examiner shall make a determination on the charges,
14 either sustaining or dismissing them. Where the hearing examiner deter-
15 mines that the charges have been sustained he or she may examine the
16 prior parking violations record or the record of liabilities incurred in
17 accordance with section eleven hundred eleven-e of this chapter of the
18 person charged, or the record of liabilities incurred in accordance with
19 section eleven hundred seventy-four-a of this chapter of the person
20 charged, or the record of liabilities incurred in accordance with
21 section eleven hundred eleven-d of this chapter of the person charged,
22 or the record of liabilities incurred in accordance with section eleven
23 hundred eleven-c of this chapter, or the record of liabilities incurred
24 in accordance with section eleven hundred eighty-b of this chapter, as
25 applicable, prior to rendering a final determination. Final determi-
26 nations sustaining or dismissing charges shall be entered on a final
27 determination roll maintained by the bureau together with records show-
28 ing payment and nonpayment of penalties.
29 2. Where an operator or owner fails to enter a plea to a charge of a
30 parking violation or contest an allegation of liability in accordance
31 with section eleven hundred seventy-four-a of this chapter, or contest
32 an allegation of liability in accordance with section eleven hundred
33 eleven-e of this chapter, or contest an allegation of liability in
34 accordance with section eleven hundred eleven-d of this chapter, or
35 fails to contest an allegation of liability in accordance with section
36 eleven hundred eleven-c of this chapter, or fails to contest an allega-
37 tion of liability incurred in accordance with section eleven hundred
38 eighty-b of this chapter, or fails to appear on a designated hearing
39 date or subsequent adjourned date or fails after a hearing to comply
40 with the determination of a hearing examiner, as prescribed by this
41 article or by rule or regulation of the bureau, such failure to plead,
42 appear or comply shall be deemed, for all purposes, an admission of
43 liability and shall be grounds for rendering and entering a default
44 judgment in an amount provided by the rules and regulations of the
45 bureau. However, after the expiration of the original date prescribed
46 for entering a plea and before a default judgment may be rendered, in
47 such case the bureau shall pursuant to the applicable provisions of law
48 notify such operator or owner, by such form of first class mail as the
49 commission may direct; (1) of the violation charged, or liability in
50 accordance with section eleven hundred seventy-four-a of this chapter,
51 or liability in accordance with section eleven hundred eleven-e of this
52 chapter, or liability in accordance with section eleven hundred eleven-d
53 of this chapter, or alleged liability in accordance with section eleven
54 hundred eleven-c of this chapter or alleged liability in accordance with
55 section eleven hundred eighty-b of this chapter, (2) of the impending
56 default judgment, (3) that such judgment will be entered in the Civil
S. 4524--B 21
1 Court of the city in which the bureau has been established, or other
2 court of civil jurisdiction or any other place provided for the entry of
3 civil judgments within the state of New York, and (4) that a default may
4 be avoided by entering a plea or contesting an allegation of liability
5 in accordance with section eleven hundred seventy-four-a of this chapter
6 or contesting an allegation of liability in accordance with section
7 eleven hundred eleven-e of this chapter or contesting an allegation of
8 liability in accordance with section eleven hundred eleven-d of this
9 chapter or contesting an allegation of liability in accordance with
10 section eleven hundred eleven-c of this chapter or contesting an allega-
11 tion of liability in accordance with section eleven hundred eighty-b of
12 this chapter or making an appearance within thirty days of the sending
13 of such notice. Pleas entered within that period shall be in the manner
14 prescribed in the notice and not subject to additional penalty or fee.
15 Such notice of impending default judgment shall not be required prior to
16 the rendering and entry thereof in the case of operators or owners who
17 are non-residents of the state of New York. In no case shall a default
18 judgment be rendered or, where required, a notice of impending default
19 judgment be sent, more than two years after the expiration of the time
20 prescribed for entering a plea. When a person has demanded a hearing,
21 no fine or penalty shall be imposed for any reason, prior to the holding
22 of the hearing. If the hearing examiner shall make a determination on
23 the charges, sustaining them, he or she shall impose no greater penalty
24 or fine than those upon which the person was originally charged.
25 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
26 law, as amended by section 7-c of chapter 222 of the laws of 2015, are
27 amended to read as follows:
28 1. The hearing examiner shall make a determination on the charges,
29 either sustaining or dismissing them. Where the hearing examiner deter-
30 mines that the charges have been sustained he or she may examine either
31 the prior parking violations record or the record of liabilities
32 incurred in accordance with section eleven hundred eleven-d of this
33 chapter of the person charged, or the record of liabilities incurred in
34 accordance with section eleven hundred seventy-four-a of this chapter of
35 the person charged, or the record of liabilities incurred in accordance
36 with section eleven hundred eleven-e of this chapter of the person
37 charged or the record of liabilities incurred in accordance with section
38 eleven hundred eighty-b of this chapter, as applicable, prior to render-
39 ing a final determination. Final determinations sustaining or dismissing
40 charges shall be entered on a final determination roll maintained by the
41 bureau together with records showing payment and nonpayment of penal-
42 ties.
43 2. Where an operator or owner fails to enter a plea to a charge of a
44 parking violation or contest an allegation of liability in accordance
45 with section eleven hundred seventy-four-a of this chapter, or contest
46 an allegation of liability in accordance with section eleven hundred
47 eleven-e of this chapter or contest an allegation of liability in
48 accordance with section eleven hundred eleven-d of this chapter or fails
49 to contest an allegation of liability incurred in accordance with
50 section eleven hundred eighty-b of this chapter or fails to appear on a
51 designated hearing date or subsequent adjourned date or fails after a
52 hearing to comply with the determination of a hearing examiner, as
53 prescribed by this article or by rule or regulation of the bureau, such
54 failure to plead, appear or comply shall be deemed, for all purposes, an
55 admission of liability and shall be grounds for rendering and entering a
56 default judgment in an amount provided by the rules and regulations of
S. 4524--B 22
1 the bureau. However, after the expiration of the original date
2 prescribed for entering a plea and before a default judgment may be
3 rendered, in such case the bureau shall pursuant to the applicable
4 provisions of law notify such operator or owner, by such form of first
5 class mail as the commission may direct; (1) of the violation charged or
6 liability in accordance with section eleven hundred seventy-four-a of
7 this chapter or liability in accordance with section eleven hundred
8 eleven-e of this chapter or liability in accordance with section eleven
9 hundred eleven-d of this chapter or liability in accordance with section
10 eleven hundred eighty-b of this chapter alleged, (2) of the impending
11 default judgment, (3) that such judgment will be entered in the Civil
12 Court of the city in which the bureau has been established, or other
13 court of civil jurisdiction or any other place provided for the entry of
14 civil judgments within the state of New York, and (4) that a default may
15 be avoided by entering a plea or contesting an allegation of liability
16 in accordance with section eleven hundred seventy-four-a of this chapter
17 or contesting an allegation of liability in accordance with section
18 eleven hundred eleven-e of this chapter or contesting an allegation of
19 liability in accordance with section eleven hundred eleven-d of this
20 chapter or contesting an allegation of liability in accordance with
21 section eleven hundred eighty-b of this chapter or making an appearance
22 within thirty days of the sending of such notice. Pleas entered within
23 that period shall be in the manner prescribed in the notice and not
24 subject to additional penalty or fee. Such notice of impending default
25 judgment shall not be required prior to the rendering and entry thereof
26 in the case of operators or owners who are non-residents of the state of
27 New York. In no case shall a default judgment be rendered or, where
28 required, a notice of impending default judgment be sent, more than two
29 years after the expiration of the time prescribed for entering a plea.
30 When a person has demanded a hearing, no fine or penalty shall be
31 imposed for any reason, prior to the holding of the hearing. If the
32 hearing examiner shall make a determination on the charges, sustaining
33 them, he shall impose no greater penalty or fine than those upon which
34 the person was originally charged.
35 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
36 law, as amended by section 7-d of chapter 222 of the laws of 2015, are
37 amended to read as follows:
38 1. The hearing examiner shall make a determination on the charges,
39 either sustaining or dismissing them. Where the hearing examiner deter-
40 mines that the charges have been sustained he or she may examine either
41 the prior parking violations record or the record of liabilities
42 incurred in accordance with section eleven hundred seventy-four-a of
43 this chapter of the person charged or the record of liabilities incurred
44 in accordance with section eleven hundred eleven-e of this chapter of
45 the person charged or the record of liabilities incurred in accordance
46 with section eleven hundred eleven-d of this chapter of the person
47 charged, as applicable, prior to rendering a final determination. Final
48 determinations sustaining or dismissing charges shall be entered on a
49 final determination roll maintained by the bureau together with records
50 showing payment and nonpayment of penalties.
51 2. Where an operator or owner fails to enter a plea to a charge of a
52 parking violation or contest an allegation of liability in accordance
53 with section eleven hundred seventy-four-a of this chapter, or contest
54 an allegation of liability in accordance with section eleven hundred
55 eleven-e of this chapter or contest an allegation of liability in
56 accordance with section eleven hundred eleven-d of this chapter or fails
S. 4524--B 23
1 to appear on a designated hearing date or subsequent adjourned date or
2 fails after a hearing to comply with the determination of a hearing
3 examiner, as prescribed by this article or by rule or regulation of the
4 bureau, such failure to plead, appear or comply shall be deemed, for all
5 purposes, an admission of liability and shall be grounds for rendering
6 and entering a default judgment in an amount provided by the rules and
7 regulations of the bureau. However, after the expiration of the original
8 date prescribed for entering a plea and before a default judgment may be
9 rendered, in such case the bureau shall pursuant to the applicable
10 provisions of law notify such operator or owner, by such form of first
11 class mail as the commission may direct; (1) of the violation charged or
12 liability in accordance with section eleven hundred seventy-four-a of
13 this chapter or liability in accordance with section eleven hundred
14 eleven-e of this chapter alleged or liability in accordance with section
15 eleven hundred eleven-d of this chapter alleged, (2) of the impending
16 default judgment, (3) that such judgment will be entered in the Civil
17 Court of the city in which the bureau has been established, or other
18 court of civil jurisdiction or any other place provided for the entry of
19 civil judgments within the state of New York, and (4) that a default may
20 be avoided by entering a plea or contesting an allegation of liability
21 in accordance with section eleven hundred seventy-four-a of this chapter
22 or contesting an allegation of liability in accordance with section
23 eleven hundred eleven-e of this chapter or contesting an allegation of
24 liability in accordance with section eleven hundred eleven-d of this
25 chapter or making an appearance within thirty days of the sending of
26 such notice. Pleas entered within that period shall be in the manner
27 prescribed in the notice and not subject to additional penalty or fee.
28 Such notice of impending default judgment shall not be required prior to
29 the rendering and entry thereof in the case of operators or owners who
30 are non-residents of the state of New York. In no case shall a default
31 judgment be rendered or, where required, a notice of impending default
32 judgment be sent, more than two years after the expiration of the time
33 prescribed for entering a plea. When a person has demanded a hearing, no
34 fine or penalty shall be imposed for any reason, prior to the holding of
35 the hearing. If the hearing examiner shall make a determination on the
36 charges, sustaining them, he shall impose no greater penalty or fine
37 than those upon which the person was originally charged.
38 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
39 law, as amended by section 7-e of chapter 222 of the laws of 2015, are
40 amended to read as follows:
41 1. The hearing examiner shall make a determination on the charges,
42 either sustaining or dismissing them. Where the hearing examiner deter-
43 mines that the charges have been sustained he or she may examine the
44 prior parking violations record or the record of liabilities incurred in
45 accordance with section eleven hundred eleven-e of this chapter of the
46 person charged, as applicable, prior to rendering a final determination
47 or the record of liabilities incurred in accordance with section eleven
48 hundred seventy-four-a of this chapter of the person charged, as appli-
49 cable, prior to rendering a final determination. Final determinations
50 sustaining or dismissing charges shall be entered on a final determi-
51 nation roll maintained by the bureau together with records showing
52 payment and nonpayment of penalties.
53 2. Where an operator or owner fails to enter a plea to a charge of a
54 parking violation or contest an allegation of liability in accordance
55 with section eleven hundred seventy-four-a of this chapter, or contest
56 an allegation of liability in accordance with section eleven hundred
S. 4524--B 24
1 eleven-e of this chapter or fails to appear on a designated hearing date
2 or subsequent adjourned date or fails after a hearing to comply with the
3 determination of a hearing examiner, as prescribed by this article or by
4 rule or regulation of the bureau, such failure to plead, appear or
5 comply shall be deemed, for all purposes, an admission of liability and
6 shall be grounds for rendering and entering a default judgment in an
7 amount provided by the rules and regulations of the bureau. However,
8 after the expiration of the original date prescribed for entering a plea
9 and before a default judgment may be rendered, in such case the bureau
10 shall pursuant to the applicable provisions of law notify such operator
11 or owner, by such form of first class mail as the commission may direct;
12 (1) of the violation charged or liability in accordance with section
13 eleven hundred eleven-e of this chapter alleged or liability in accord-
14 ance with section eleven hundred seventy-four-a of this chapter, (2) of
15 the impending default judgment, (3) that such judgment will be entered
16 in the Civil Court of the city in which the bureau has been established,
17 or other court of civil jurisdiction or any other place provided for the
18 entry of civil judgments within the state of New York, and (4) that a
19 default may be avoided by entering a plea or contesting an allegation of
20 liability in accordance with section eleven hundred eleven-e of this
21 chapter or contesting an allegation of liability in accordance with
22 section eleven hundred seventy-four-a of this chapter or making an
23 appearance within thirty days of the sending of such notice. Pleas
24 entered within that period shall be in the manner prescribed in the
25 notice and not subject to additional penalty or fee. Such notice of
26 impending default judgment shall not be required prior to the rendering
27 and entry thereof in the case of operators or owners who are non-resi-
28 dents of the state of New York. In no case shall a default judgment be
29 rendered or, where required, a notice of impending default judgment be
30 sent, more than two years after the expiration of the time prescribed
31 for entering a plea. When a person has demanded a hearing, no fine or
32 penalty shall be imposed for any reason, prior to the holding of the
33 hearing. If the hearing examiner shall make a determination on the
34 charges, sustaining them, he shall impose no greater penalty or fine
35 than those upon which the person was originally charged.
36 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
37 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
38 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
39 to read as follows:
40 1. The hearing examiner shall make a determination on the charges,
41 either sustaining or dismissing them. Where the hearing examiner deter-
42 mines that the charges have been sustained he or she may examine the
43 prior parking violations record or the record of liabilities incurred in
44 accordance with section eleven hundred seventy-four-a of this chapter of
45 the person charged, as applicable, prior to rendering a final determi-
46 nation. Final determinations sustaining or dismissing charges shall be
47 entered on a final determination roll maintained by the bureau together
48 with records showing payment and nonpayment of penalties.
49 2. Where an operator or owner fails to enter a plea to a charge of a
50 parking violation or contest an allegation of liability in accordance
51 with section eleven hundred seventy-four-a of this chapter, or fails to
52 appear on a designated hearing date or subsequent adjourned date or
53 fails after a hearing to comply with the determination of a hearing
54 examiner, as prescribed by this article or by rule or regulation of the
55 bureau, such failure to plead, appear or comply shall be deemed, for all
56 purposes, an admission of liability and shall be grounds for rendering
S. 4524--B 25
1 and entering a default judgment in an amount provided by the rules and
2 regulations of the bureau. However, after the expiration of the original
3 date prescribed for entering a plea and before a default judgment may be
4 rendered, in such case the bureau shall pursuant to the applicable
5 provisions of law notify such operator or owner, by such form of first
6 class mail as the commission may direct; (1) of the violation charged,
7 (2) of the impending default judgment, (3) that such judgment will be
8 entered in the Civil Court of the city in which the bureau has been
9 established, or other court of civil jurisdiction or any other place
10 provided for the entry of civil judgments within the state of New York,
11 and (4) that a default may be avoided by entering a plea or making an
12 appearance within thirty days of the sending of such notice. Pleas
13 entered within that period shall be in the manner prescribed in the
14 notice and not subject to additional penalty or fee. Such notice of
15 impending default judgment shall not be required prior to the rendering
16 and entry thereof in the case of operators or owners who are non-resi-
17 dents of the state of New York. In no case shall a default judgment be
18 rendered or, where required, a notice of impending default judgment be
19 sent, more than two years after the expiration of the time prescribed
20 for entering a plea. When a person has demanded a hearing, no fine or
21 penalty shall be imposed for any reason, prior to the holding of the
22 hearing. If the hearing examiner shall make a determination on the
23 charges, sustaining them, he shall impose no greater penalty or fine
24 than those upon which the person was originally charged.
25 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
26 of the vehicle and traffic law, as amended by section 8 of chapter 222
27 of the laws of 2015, is amended to read as follows:
28 (i) If at the time of application for a registration or renewal there-
29 of there is a certification from a court, parking violations bureau,
30 traffic and parking violations agency or administrative tribunal of
31 appropriate jurisdiction that the registrant or his or her represen-
32 tative failed to appear on the return date or any subsequent adjourned
33 date or failed to comply with the rules and regulations of an adminis-
34 trative tribunal following entry of a final decision in response to a
35 total of three or more summonses or other process in the aggregate,
36 issued within an eighteen month period, charging either that: (i) such
37 motor vehicle was parked, stopped or standing, or that such motor vehi-
38 cle was operated for hire by the registrant or his or her agent without
39 being licensed as a motor vehicle for hire by the appropriate local
40 authority, in violation of any of the provisions of this chapter or of
41 any law, ordinance, rule or regulation made by a local authority; or
42 (ii) the registrant was liable in accordance with section eleven hundred
43 eleven-a, section eleven hundred eleven-b or section eleven hundred
44 eleven-d of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iii) the registrant was
46 liable in accordance with section eleven hundred eleven-c of this chap-
47 ter for a violation of a bus lane restriction as defined in such
48 section, or (iv) the registrant was liable in accordance with section
49 eleven hundred eighty-b of this chapter for a violation of subdivision
50 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the
51 registrant was liable in accordance with section eleven hundred eighty-c
52 of this chapter for a violation of subdivision (c) or (d) of section
53 eleven hundred eighty of this chapter; or (vi) the registrant was liable
54 in accordance with section eleven hundred eleven-e of this chapter for a
55 violation of subdivision (d) of section eleven hundred eleven of this
56 chapter; or (vii) the registrant was liable in accordance with section
S. 4524--B 26
1 eleven hundred seventy-four-a of this chapter for a violation of section
2 eleven hundred seventy-four of this chapter, the commissioner or his or
3 her agent shall deny the registration or renewal application until the
4 applicant provides proof from the court, traffic and parking violations
5 agency or administrative tribunal wherein the charges are pending that
6 an appearance or answer has been made or in the case of an administra-
7 tive tribunal that he or she has complied with the rules and regulations
8 of said tribunal following entry of a final decision. Where an applica-
9 tion is denied pursuant to this section, the commissioner may, in his or
10 her discretion, deny a registration or renewal application to any other
11 person for the same vehicle and may deny a registration or renewal
12 application for any other motor vehicle registered in the name of the
13 applicant where the commissioner has determined that such registrant's
14 intent has been to evade the purposes of this subdivision and where the
15 commissioner has reasonable grounds to believe that such registration or
16 renewal will have the effect of defeating the purposes of this subdivi-
17 sion. Such denial shall only remain in effect as long as the summonses
18 remain unanswered, or in the case of an administrative tribunal, the
19 registrant fails to comply with the rules and regulations following
20 entry of a final decision.
21 § 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
22 and traffic law, as amended by section 8-a of chapter 222 of the laws of
23 2015, is amended to read as follows:
24 a. If at the time of application for a registration or renewal thereof
25 there is a certification from a court or administrative tribunal of
26 appropriate jurisdiction that the registrant or his or her represen-
27 tative failed to appear on the return date or any subsequent adjourned
28 date or failed to comply with the rules and regulations of an adminis-
29 trative tribunal following entry of a final decision in response to a
30 total of three or more summonses or other process in the aggregate,
31 issued within an eighteen month period, charging either that: (i) such
32 motor vehicle was parked, stopped or standing, or that such motor vehi-
33 cle was operated for hire by the registrant or his or her agent without
34 being licensed as a motor vehicle for hire by the appropriate local
35 authority, in violation of any of the provisions of this chapter or of
36 any law, ordinance, rule or regulation made by a local authority; or
37 (ii) the registrant was liable in accordance with section eleven hundred
38 eleven-b of this chapter for a violation of subdivision (d) of section
39 eleven hundred eleven of this chapter; or (iii) the registrant was
40 liable in accordance with section eleven hundred eleven-c of this chap-
41 ter for a violation of a bus lane restriction as defined in such
42 section; or (iv) the registrant was liable in accordance with section
43 eleven hundred eleven-d of this chapter for a violation of subdivision
44 (d) of section eleven hundred eleven of this chapter or (v) the regis-
45 trant was liable in accordance with section eleven hundred eighty-b of
46 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
47 section eleven hundred eighty of this chapter; or (v) the registrant was
48 liable in accordance with section eleven hundred eighty-c of this chap-
49 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
50 eleven hundred eighty of this chapter; or (vi) the registrant was liable
51 in accordance with section eleven hundred eleven-e of this chapter for a
52 violation of subdivision (d) of section eleven hundred eleven of this
53 chapter; or (vii) the registrant was liable in accordance with section
54 eleven hundred seventy-four-a of this chapter for a violation of section
55 eleven hundred seventy-four of this chapter, the commissioner or his or
56 her agent shall deny the registration or renewal application until the
S. 4524--B 27
1 applicant provides proof from the court or administrative tribunal wher-
2 ein the charges are pending that an appearance or answer has been made
3 or in the case of an administrative tribunal that he or she has complied
4 with the rules and regulations of said tribunal following entry of a
5 final decision. Where an application is denied pursuant to this section,
6 the commissioner may, in his or her discretion, deny a registration or
7 renewal application to any other person for the same vehicle and may
8 deny a registration or renewal application for any other motor vehicle
9 registered in the name of the applicant where the commissioner has
10 determined that such registrant's intent has been to evade the purposes
11 of this subdivision and where the commissioner has reasonable grounds to
12 believe that such registration or renewal will have the effect of
13 defeating the purposes of this subdivision. Such denial shall only
14 remain in effect as long as the summonses remain unanswered, or in the
15 case of an administrative tribunal, the registrant fails to comply with
16 the rules and regulations following entry of a final decision.
17 § 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
18 and traffic law, as amended by section 8-b of chapter 222 of the laws of
19 2015, is amended to read as follows:
20 a. If at the time of application for a registration or renewal thereof
21 there is a certification from a court or administrative tribunal of
22 appropriate jurisdiction that the registrant or his or her represen-
23 tative failed to appear on the return date or any subsequent adjourned
24 date or failed to comply with the rules and regulations of an adminis-
25 trative tribunal following entry of a final decision in response to
26 three or more summonses or other process, issued within an eighteen
27 month period, charging that: (i) such motor vehicle was parked, stopped
28 or standing, or that such motor vehicle was operated for hire by the
29 registrant or his or her agent without being licensed as a motor vehicle
30 for hire by the appropriate local authority, in violation of any of the
31 provisions of this chapter or of any law, ordinance, rule or regulation
32 made by a local authority; or (ii) the registrant was liable in accord-
33 ance with section eleven hundred eleven-c of this chapter for a
34 violation of a bus lane restriction as defined in such section; or (iii)
35 the registrant was liable in accordance with section eleven hundred
36 eleven-d of this chapter for a violation of subdivision (d) of section
37 eleven hundred eleven of this chapter; or (iv) the registrant was liable
38 in accordance with section eleven hundred eighty-b of this chapter for a
39 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
40 hundred eighty of this chapter, or the registrant was liable in accord-
41 ance with section eleven hundred eighty-c of this chapter for a
42 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
43 hundred eighty of this chapter; or (v) the registrant was liable in
44 accordance with section eleven hundred eleven-e of this chapter for a
45 violation of subdivision (d) of section eleven hundred eleven of this
46 chapter; or (vii) the registrant was liable in accordance with section
47 eleven hundred seventy-four-a of this chapter for a violation of section
48 eleven hundred seventy-four of this chapter, the commissioner or his or
49 her agent shall deny the registration or renewal application until the
50 applicant provides proof from the court or administrative tribunal wher-
51 ein the charges are pending that an appearance or answer has been made
52 or in the case of an administrative tribunal that he or she has complied
53 with the rules and regulations of said tribunal following entry of a
54 final decision. Where an application is denied pursuant to this section,
55 the commissioner may, in his or her discretion, deny a registration or
56 renewal application to any other person for the same vehicle and may
S. 4524--B 28
1 deny a registration or renewal application for any other motor vehicle
2 registered in the name of the applicant where the commissioner has
3 determined that such registrant's intent has been to evade the purposes
4 of this subdivision and where the commissioner has reasonable grounds to
5 believe that such registration or renewal will have the effect of
6 defeating the purposes of this subdivision. Such denial shall only
7 remain in effect as long as the summonses remain unanswered, or in the
8 case of an administrative tribunal, the registrant fails to comply with
9 the rules and regulations following entry of a final decision.
10 § 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
11 and traffic law, as amended by section 8-c of chapter 222 of the laws of
12 2015, is amended to read as follows:
13 a. If at the time of application for a registration or renewal thereof
14 there is a certification from a court or administrative tribunal of
15 appropriate jurisdiction that the registrant or his or her represen-
16 tative failed to appear on the return date or any subsequent adjourned
17 date or failed to comply with the rules and regulations of an adminis-
18 trative tribunal following entry of a final decision in response to
19 three or more summonses or other process, issued within an eighteen
20 month period, charging that: (i) such motor vehicle was parked, stopped
21 or standing, or that such motor vehicle was operated for hire by the
22 registrant or his or her 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-d 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 eighty-b of this chapter for violations of subdivision
30 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
31 ter, or the registrant was liable in accordance with section eleven
32 hundred eighty-c of this chapter for violations of subdivision (b), (c),
33 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
34 (iv) the registrant was liable in accordance with section eleven hundred
35 eleven-e of this chapter for a violation of subdivision (d) of section
36 eleven hundred eleven of this chapter; or (v) the registrant was liable
37 in accordance with section eleven hundred seventy-four-a of this chapter
38 for a violation of section eleven hundred seventy-four of this chapter,
39 the commissioner or his or her agent shall deny the registration or
40 renewal application until the applicant provides proof from the court or
41 administrative tribunal wherein the charges are pending that an appear-
42 ance or answer has been made or in the case of an administrative tribu-
43 nal that he or she has complied with the rules and regulations of said
44 tribunal following entry of a final decision. Where an application is
45 denied pursuant to this section, the commissioner may, in his or her
46 discretion, deny a registration or renewal application to any other
47 person for the same vehicle and may deny a registration or renewal
48 application for any other motor vehicle registered in the name of the
49 applicant where the commissioner has determined that such registrant's
50 intent has been to evade the purposes of this subdivision and where the
51 commissioner has reasonable grounds to believe that such registration or
52 renewal will have the effect of defeating the purposes of this subdivi-
53 sion. Such denial shall only remain in effect as long as the summonses
54 remain unanswered, or in the case of an administrative tribunal, the
55 registrant fails to comply with the rules and regulations following
56 entry of a final decision.
S. 4524--B 29
1 § 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
2 and traffic law, as amended by section 8-d of chapter 222 of the laws of
3 2015, is amended to read as follows:
4 a. If at the time of application for a registration or renewal thereof
5 there is a certification from a court or administrative tribunal of
6 appropriate jurisdiction that the registrant or his or her represen-
7 tative failed to appear on the return date or any subsequent adjourned
8 date or failed to comply with the rules and regulations of an adminis-
9 trative tribunal following entry of a final decision in response to
10 three or more summonses or other process, issued within an eighteen
11 month period, charging that such motor vehicle was parked, stopped or
12 standing, or that such motor vehicle was operated for hire by the regis-
13 trant or his agent without being licensed as a motor vehicle for hire by
14 the appropriate local authority, in violation of any of the provisions
15 of this chapter or of any law, ordinance, rule or regulation made by a
16 local authority, or the registrant was liable in accordance with section
17 eleven hundred eighty-c of this chapter for violations of subdivision
18 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
19 ter, or the registrant was liable in accordance with section eleven
20 hundred eleven-d of this chapter for a violation of subdivision (d) of
21 section eleven hundred eleven of this chapter, or the registrant was
22 liable in accordance with section eleven hundred eleven-e of this chap-
23 ter for a violation of subdivision (d) of section eleven hundred eleven
24 of this chapter, or the registrant was liable in accordance with section
25 eleven hundred seventy-four-a of this chapter for a violation of section
26 eleven hundred seventy-four of this chapter, the commissioner or his or
27 her agent shall deny the registration or renewal application until the
28 applicant provides proof from the court or administrative tribunal wher-
29 ein the charges are pending that an appearance or answer has been made
30 or in the case of an administrative tribunal that he or she has complied
31 with the rules and regulations of said tribunal following entry of a
32 final decision. Where an application is denied pursuant to this section,
33 the commissioner may, in his or her discretion, deny a registration or
34 renewal application to any other person for the same vehicle and may
35 deny a registration or renewal application for any other motor vehicle
36 registered in the name of the applicant where the commissioner has
37 determined that such registrant's intent has been to evade the purposes
38 of this subdivision and where the commissioner has reasonable grounds to
39 believe that such registration or renewal will have the effect of
40 defeating the purposes of this subdivision. Such denial shall only
41 remain in effect as long as the summonses remain unanswered, or in the
42 case of an administrative tribunal, the registrant fails to comply with
43 the rules and regulations following entry of a final decision.
44 § 8-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
45 and traffic law, as amended by section 8-e of chapter 222 of the laws of
46 2015, is amended to read as follows:
47 a. If at the time of application for a registration or renewal thereof
48 there is a certification from a court or administrative tribunal of
49 appropriate jurisdiction that the registrant or his or her represen-
50 tative failed to appear on the return date or any subsequent adjourned
51 date or failed to comply with the rules and regulations of an adminis-
52 trative tribunal following entry of a final decision in response to
53 three or more summonses or other process, issued within an eighteen
54 month period, charging that such motor vehicle was parked, stopped or
55 standing, or that such motor vehicle was operated for hire by the regis-
56 trant or his or her agent without being licensed as a motor vehicle for
S. 4524--B 30
1 hire by the appropriate local authority, in violation of any of the
2 provisions of this chapter or of any law, ordinance, rule or regulation
3 made by a local authority, or the registrant was liable in accordance
4 with section eleven hundred eleven-d of this chapter for a violation of
5 subdivision (d) of section eleven hundred eleven of this chapter, or the
6 registrant was liable in accordance with section eleven hundred eleven-e
7 of this chapter for a violation of subdivision (d) of section eleven
8 hundred eleven of this chapter, or the registrant was liable in accord-
9 ance with section eleven hundred seventy-four-a of this chapter for a
10 violation of section eleven hundred seventy-four of this chapter, the
11 commissioner or his or her agent shall deny the registration or renewal
12 application until the applicant provides proof from the court or admin-
13 istrative tribunal wherein the charges are pending that an appearance or
14 answer has been made or in the case of an administrative tribunal that
15 he has complied with the rules and regulations of said tribunal follow-
16 ing entry of a final decision. Where an application is denied pursuant
17 to this section, the commissioner may, in his or her discretion, deny a
18 registration or renewal application to any other person for the same
19 vehicle and may deny a registration or renewal application for any other
20 motor vehicle registered in the name of the applicant where the commis-
21 sioner has determined that such registrant's intent has been to evade
22 the purposes of this subdivision and where the commissioner has reason-
23 able grounds to believe that such registration or renewal will have the
24 effect of defeating the purposes of this subdivision. Such denial shall
25 only remain in effect as long as the summonses remain unanswered, or in
26 the case of an administrative tribunal, the registrant fails to comply
27 with the rules and regulations following entry of a final decision.
28 § 8-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
29 and traffic law, as amended by section 8-f of chapter 222 of the laws of
30 2015, is amended to read as follows:
31 a. If at the time of application for a registration or renewal thereof
32 there is a certification from a court or administrative tribunal of
33 appropriate jurisdiction that the registrant or his or her represen-
34 tative failed to appear on the return date or any subsequent adjourned
35 date or failed to comply with the rules and regulations of an adminis-
36 trative tribunal following entry of a final decision in response to
37 three or more summonses or other process, issued within an eighteen
38 month period, charging that such motor vehicle was parked, stopped or
39 standing, or that such motor vehicle was operated for hire by the regis-
40 trant or his or her agent without being licensed as a motor vehicle for
41 hire by the appropriate local authority, in violation of any of the
42 provisions of this chapter or of any law, ordinance, rule or regulation
43 made by a local authority, or the registrant was liable in accordance
44 with section eleven hundred eleven-e of this chapter for a violation of
45 subdivision (d) of section eleven hundred eleven of this chapter, or the
46 registrant was liable in accordance with section eleven hundred seven-
47 ty-four-a of this chapter for a violation of section eleven hundred
48 seventy-four of this chapter, the commissioner or his or her agent shall
49 deny the registration or renewal application until the applicant
50 provides proof from the court or administrative tribunal wherein the
51 charges are pending that an appearance or answer has been made or in the
52 case of an administrative tribunal that he has complied with the rules
53 and regulations of said tribunal following entry of a final decision.
54 Where an application is denied pursuant to this section, the commission-
55 er may, in his or her discretion, deny a registration or renewal appli-
56 cation to any other person for the same vehicle and may deny a registra-
S. 4524--B 31
1 tion or renewal application for any other motor vehicle registered in
2 the name of the applicant where the commissioner has determined that
3 such registrant's intent has been to evade the purposes of this subdivi-
4 sion and where the commissioner has reasonable grounds to believe that
5 such registration or renewal will have the effect of defeating the
6 purposes of this subdivision. Such denial shall only remain in effect as
7 long as the summonses remain unanswered, or in the case of an adminis-
8 trative tribunal, the registrant fails to comply with the rules and
9 regulations following entry of a final decision.
10 § 8-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
11 and traffic law, as separately amended by chapters 339 and 592 of the
12 laws of 1987, is amended to read as follows:
13 a. If at the time of application for a registration or renewal thereof
14 there is a certification from a court or administrative tribunal of
15 appropriate jurisdiction that the registrant or his representative
16 failed to appear on the return date or any subsequent adjourned date or
17 failed to comply with the rules and regulations of an administrative
18 tribunal following entry of a final decision in response to three or
19 more summonses or other process, issued within an eighteen month period,
20 charging that such motor vehicle was parked, stopped or standing, or
21 that such motor vehicle was operated for hire by the registrant or his
22 agent without being licensed as a motor vehicle for hire by the appro-
23 priate local authority, in violation of any of the provisions of this
24 chapter or of any law, ordinance, rule or regulation made by a local
25 authority, or the registrant was liable in accordance with section elev-
26 en hundred seventy-four-a of this chapter for a violation of section
27 eleven hundred seventy-four of this chapter, the commissioner or his
28 agent shall deny the registration or renewal application until the
29 applicant provides proof from the court or administrative tribunal wher-
30 ein the charges are pending that an appearance or answer has been made
31 or in the case of an administrative tribunal that he or she has complied
32 with the rules and regulations of said tribunal following entry of a
33 final decision. Where an application is denied pursuant to this section,
34 the commissioner may, in his discretion, deny a registration or renewal
35 application to any other person for the same vehicle and may deny a
36 registration or renewal application for any other motor vehicle regis-
37 tered in the name of the applicant where the commissioner has determined
38 that such registrant's intent has been to evade the purposes of this
39 subdivision and where the commissioner has reasonable grounds to believe
40 that such registration or renewal will have the effect of defeating the
41 purposes of this subdivision. Such denial shall only remain in effect as
42 long as the summonses remain unanswered, or in the case of an adminis-
43 trative tribunal, the registrant fails to comply with the rules and
44 regulations following entry of a final decision.
45 § 9. The vehicle and traffic law is amended by adding a new section
46 1174-a to read as follows:
47 § 1174-a. Owner liability for failure of operator to stop for a school
48 bus displaying a red visual signal and stop-arm. (a) 1. Notwithstanding
49 any other provision of law, a county, city, town or village located
50 within a school district ("district") is hereby authorized and empowered
51 to adopt and amend a local law or ordinance establishing a demonstration
52 program imposing monetary liability on the owner of a vehicle for fail-
53 ure of an operator thereof to comply with section eleven hundred seven-
54 ty-four of this chapter when meeting a school bus marked and equipped as
55 provided in subdivisions twenty and twenty-one-c of section three
56 hundred seventy-five of this chapter and operated in such county, city,
S. 4524--B 32
1 town or village, in accordance with the provisions of this section. Such
2 demonstration program shall empower such county, city, town or village
3 to install and operate school bus photo violation monitoring systems
4 which may be stationary or mobile, and which may be installed, pursuant
5 to an agreement with a school district within such county, city, town or
6 village, on school buses owned and operated by such school district or
7 privately owned and operated for compensation under contract with such
8 district. Provided, however, that (a) no stationary school bus photo
9 violation monitoring system shall be installed or operated by a county,
10 city, town or village except on roadways under the jurisdiction of such
11 county, city, town or village, and (b) no mobile school bus photo
12 violation monitoring system shall be installed or operated on any such
13 school buses unless such county, city, town or village and such district
14 enter into an agreement for such installation and operation.
15 1-a. Any county, city, town or village, located within a school
16 district, that has adopted a local law or ordinance pursuant to this
17 section establishing a demonstration program imposing liability on the
18 owner of a vehicle for failure of an operator thereof to comply with
19 section eleven hundred seventy-four of this chapter when meeting a
20 school bus marked and equipped as provided in subdivisions twenty and
21 twenty-one-c of section three hundred seventy-five of this chapter and
22 operated in such county, city, town or village may enter into an agree-
23 ment with the applicable school district for the installation, mainte-
24 nance and use of school bus photo violation monitoring systems on school
25 buses pursuant to this section and section twenty-two of the chapter of
26 the laws of two thousand nineteen which added this section, for the
27 proper handling and custody of photographs, microphotographs, vide-
28 otapes, other recorded images and data produced by such systems, and for
29 the forwarding of such photographs, microphotographs, videotapes, other
30 recorded images and data to the applicable county, city, town or
31 village. Any agreement entered into hereunder shall be approved by each
32 participating county, city, town or village by a majority vote of the
33 voting strength of its governing body and by resolution of the district
34 pursuant to section sixteen hundred four, section seventeen hundred
35 nine, section twenty-five hundred three, section twenty-five hundred
36 fifty-four or section twenty-five hundred ninety-h of the education law,
37 as applicable. Provided, however, that where a district has entered an
38 agreement as provided hereunder with a county, no cities, towns or
39 villages within the same county may enter into, or be a party to, any
40 agreement with such district pursuant to this section. Provided further,
41 however, that no county shall enter an agreement with any city school
42 district wholly contained within a city. Nothing in this section shall
43 be construed to prevent a county, city, town, village or district at any
44 time to withdraw from or terminate an agreement entered pursuant to this
45 section and section twenty-two of the chapter of the laws of 2019 which
46 added this section.
47 1-b. The total cost to the district of the installation, maintenance
48 and use of school bus photo violation monitoring systems pursuant to
49 this section shall be borne entirely by the county, city, town or
50 village within the district which is a party to such agreement. On or
51 before September first of each year, the district shall determine and
52 certify to each county, city, town or village with which it has entered
53 into an agreement pursuant to this section the total cost to the
54 district for the school year ending the preceding June thirtieth of
55 installing, maintaining and using such systems within each such county,
56 city, town or village, respectively, for the proper handling and custody
S. 4524--B 33
1 of photographs, microphotographs, videotapes, other recorded images and
2 data produced by such systems, and for the forwarding of such photo-
3 graphs, microphotographs, videotapes, other recorded images and data to
4 the applicable county, city, town or village. On or before the following
5 December first of each year, each such county, city, town or village
6 shall pay to the district such cost so certified to it on or before the
7 preceding September first. Not later than twenty days after each such
8 payment is submitted or is due, whichever occurs first, the district
9 shall submit to the director of the budget and the chairpersons of the
10 fiscal committees of the legislature a report for each such county,
11 city, town and village showing the amount of costs so certified and the
12 amount of payments so received or due. If a county, city, town or
13 village fails to make the payment required to the district by the twen-
14 tieth day after the date such payment was due, (i) the district shall
15 notify the director of the budget and the chairpersons of the fiscal
16 committees of the legislature of such occurrence within twenty-four
17 hours of such day; and (ii) the demonstration program shall be suspended
18 within such county, city, town, or village until such time as such coun-
19 ty, city, town, or village makes the payment required to the district.
20 The district shall notify the director of the budget and the chair-
21 persons of the fiscal committees of the legislature of such payment
22 within seven business days of its receipt. Provided, however, that any
23 notice of liability issued prior to such date shall not be voided.
24 2. Any image or images captured by school bus photo violation monitor-
25 ing systems shall be inadmissible in any disciplinary proceeding
26 convened by any school district or any school bus contractor thereof,
27 and any proceeding initiated by the department involving licensure priv-
28 ileges of school bus operators. Any school bus photo violation monitor-
29 ing device mounted on a school bus shall be directed outwardly from such
30 school bus to capture images of vehicles operated in violation of
31 section eleven hundred seventy-four of this chapter, and images produced
32 by such device shall not be used for any other purpose.
33 3. (i) Any participating school district shall be prohibited from
34 accessing any photographs, microphotographs, videotapes, other recorded
35 images or data from school bus photo violation monitoring systems but
36 shall provide, pursuant to an agreement with a county, city, town or
37 village as provided in this section, for the proper handling and custody
38 of such photographs, microphotographs, videotapes, other recorded images
39 and data produced by such systems, and for the forwarding of such photo-
40 graphs, microphotographs, videotapes, other recorded images and data to
41 the applicable county, city, town or village for the purpose of deter-
42 mining whether a motor vehicle was operated in violation of subdivision
43 (a) of section eleven hundred seventy-four of this title and imposing
44 monetary liability on the owner of such motor vehicle therefor.
45 (ii) Photographs, microphotographs, videotapes, other recorded images
46 and data produced by school bus photo violation monitoring systems shall
47 be destroyed (A) ninety days after the date of the alleged imposition of
48 liability if a notice of liability is not issued for such alleged impo-
49 sition of liability pursuant to this section or (B) upon final disposi-
50 tion of a notice of liability issued pursuant to this section.
51 4. A county, city, town or village establishing a demonstration
52 program pursuant to this section shall adopt and enforce measures to
53 protect the privacy of drivers, passengers, pedestrians and cyclists
54 whose identity and identifying information may be captured by a school
55 bus photo violation monitoring device. Such measures shall include:
S. 4524--B 34
1 (i) utilization of necessary technologies to ensure, to the extent
2 practicable, that photographs produced by such school bus photo
3 violation monitoring systems shall not include images that identify the
4 driver, the passengers, the contents of the vehicle, pedestrians and
5 cyclists. Provided, however, that no notice of liability issued pursuant
6 to this section shall be dismissed solely because a photograph or photo-
7 graphs allow for the identification of the contents of a vehicle,
8 provided that such county, city, town or village has made a reasonable
9 effort to comply with the provisions of this paragraph;
10 (ii) a prohibition on the use or dissemination of vehicles' license
11 plate information and other information and images captured by school
12 bus photo violation monitoring systems except: (A) as required to estab-
13 lish liability under this section or collect payment of penalties; (B)
14 as required by court order; or (C) as otherwise required by law;
15 (iii) the installation of signage in conformance with standards estab-
16 lished in the MUTCD at each roadway entrance of the jurisdictional boun-
17 daries of such county, city, town or village giving notice that school
18 bus photo violation monitoring systems are used to enforce restrictions
19 on vehicles violating section eleven hundred seventy-four of this chap-
20 ter. For the purposes of this paragraph, the term "roadway" shall not
21 include state expressway routes or state interstate routes but shall
22 include controlled-access highway exit ramps that enter the jurisdic-
23 tional boundaries of a county, city, town or village; and
24 (iv) oversight procedures to ensure compliance with the aforementioned
25 privacy protection measures.
26 (b) In any such county, city, town or village which has adopted a
27 local law or ordinance pursuant to subdivision (a) of this section, the
28 owner of a vehicle shall be liable for a penalty imposed pursuant to
29 this section if such vehicle was used or operated with the permission of
30 the owner, express or implied, in violation of subdivision (a) of
31 section eleven hundred seventy-four of this article, and such violation
32 is evidenced by information obtained from a school bus photo violation
33 monitoring system; provided however that no owner of a vehicle shall be
34 liable for a penalty imposed pursuant to this section where the operator
35 of such vehicle has been convicted of the underlying violation of subdi-
36 vision (a) of section eleven hundred seventy-four of this article.
37 (c) For purposes of this section, the following terms shall have the
38 following meanings: "county" shall have the meaning provided in section
39 three of the county law, except that such term shall not include any
40 county wholly contained within a city; "manual on uniform traffic
41 control devices" or "MUTCD" shall mean the manual and specifications for
42 a uniform system of traffic control devices maintained by the commis-
43 sioner of transportation pursuant to section sixteen hundred eighty of
44 this chapter; "owner" shall have the meaning provided in article two-B
45 of this chapter; and "school bus photo violation monitoring system"
46 shall mean a device that is capable of operating independently of an
47 enforcement officer which is installed to work in conjunction with a
48 school bus stop-arm and which automatically produces two or more photo-
49 graphs, two or more microphotographs, a videotape or other recorded
50 images of a vehicle at the time it is used or operated in violation of
51 subdivision (a) of section eleven hundred seventy-four of this article.
52 (d) A certificate, sworn to or affirmed by a technician employed by
53 the county, city, town or village in which the charged violation
54 occurred, or a facsimile thereof, based upon inspection of photographs,
55 microphotographs, videotape or other recorded images produced by a
56 school bus photo violation monitoring system, shall be prima facie
S. 4524--B 35
1 evidence of the facts contained therein. Any photographs, microphoto-
2 graphs, videotape or other recorded images evidencing such a violation
3 shall be available for inspection in any proceeding to adjudicate the
4 liability for such violation pursuant to a local law or ordinance
5 adopted pursuant to this section.
6 (e) An owner liable for a violation of subdivision (a) of section
7 eleven hundred seventy-four of this article pursuant to a local law or
8 ordinance adopted pursuant to this section shall be liable for monetary
9 penalties in accordance with a schedule of fines and penalties to be set
10 forth in such local law or ordinance, except that if a city by local law
11 has authorized the adjudication of such owner liability by a parking
12 violations bureau, such schedule shall be promulgated by such bureau.
13 The liability of the owner pursuant to this section shall be two hundred
14 fifty dollars for a first violation, two hundred seventy-five dollars
15 for a second violation both of which were committed within a period of
16 eighteen months, and three hundred dollars for a third or subsequent
17 violation all of which were committed within a period of eighteen
18 months; provided, however, that such local law or ordinance may provide
19 for an additional penalty not in excess of twenty-five dollars for each
20 violation for the failure to respond to a notice of liability within the
21 prescribed time period.
22 (f) An imposition of liability under a local law or ordinance adopted
23 pursuant to this section shall not be deemed a conviction as an operator
24 and shall not be made part of the operating record of the person upon
25 whom such liability is imposed nor shall it be used for insurance
26 purposes in the provision of motor vehicle insurance coverage.
27 (g) 1. A notice of liability shall be sent by first class mail to each
28 person alleged to be liable as an owner for a violation of subdivision
29 (a) of section eleven hundred seventy-four of this article pursuant to
30 this section. Personal delivery on the owner shall not be required. A
31 manual or automatic record of mailing prepared in the ordinary course of
32 business shall be prima facie evidence of the facts contained therein.
33 2. A notice of liability shall contain the name and address of the
34 person alleged to be liable as an owner for a violation of subdivision
35 (a) of section eleven hundred seventy-four of this article pursuant to
36 this section, the registration number of the vehicle involved in such
37 violation, the location where such violation took place, the date and
38 time of such violation and the identification number of the camera which
39 recorded the violation or other document locator number.
40 3. The notice of liability shall contain information advising the
41 person charged of the manner and the time in which he or she may contest
42 the liability alleged in the notice. Such notice of liability shall also
43 contain a warning to advise the persons charged that failure to contest
44 in the manner and time provided shall be deemed an admission of liabil-
45 ity and that a default judgment may be entered thereon.
46 4. The notice of liability shall be prepared and mailed by the county,
47 city, town or village in which the violation occurred, or by any other
48 entity authorized by such county, city, town or village to prepare and
49 mail such notification of violation.
50 (h) Adjudication of the liability imposed upon owners by this section
51 shall be by a traffic violations bureau established pursuant to section
52 three hundred seventy of the general municipal law where the violation
53 occurred or, if there be none, by the court having jurisdiction over
54 traffic infractions where the violation occurred, except that if a city
55 has established an administrative tribunal to hear and determine
56 complaints of traffic infractions constituting parking, standing or
S. 4524--B 36
1 stopping violations such city may, by local law, authorize such adjudi-
2 cation by such tribunal.
3 (i) If an owner receives a notice of liability pursuant to this
4 section for any time period during which the vehicle was reported to the
5 police as having been stolen, it shall be a valid defense to an allega-
6 tion of liability for a violation of subdivision (a) of section eleven
7 hundred seventy-four of this article pursuant to this section that the
8 vehicle had been reported to the police as stolen prior to the time the
9 violation occurred and had not been recovered by such time. For
10 purposes of asserting the defense provided by this subdivision it shall
11 be sufficient that a certified copy of the police report on the stolen
12 vehicle be sent by first class mail to the traffic violations bureau,
13 court having jurisdiction or parking violations bureau.
14 (j) 1. In such county, city, town or village where the adjudication of
15 liability imposed upon owners pursuant to this section is by a traffic
16 violations bureau or a court having jurisdiction, an owner who is a
17 lessor of a vehicle to which a notice of liability was issued pursuant
18 to subdivision (g) of this section shall not be liable for the violation
19 of subdivision (a) of section eleven hundred seventy-four of this arti-
20 cle, provided that he or she sends to the traffic violations bureau or
21 court having jurisdiction a copy of the rental, lease or other such
22 contract document covering such vehicle on the date of the violation,
23 with the name and address of the lessee clearly legible, within thirty-
24 seven days after receiving notice from the bureau or court of the date
25 and time of such violation, together with the other information
26 contained in the original notice of liability. Failure to send such
27 information within such thirty-seven day time period shall render the
28 owner liable for the penalty prescribed by this section. Where the
29 lessor complies with the provisions of this paragraph, the lessee of
30 such vehicle on the date of such violation shall be deemed to be the
31 owner of such vehicle for purposes of this section, shall be subject to
32 liability for the violation of subdivision (a) of section eleven hundred
33 seventy-four of this article pursuant to this section and shall be sent
34 a notice of liability pursuant to subdivision (g) of this section.
35 2. (i) In a city which, by local law, has authorized the adjudication
36 of liability imposed upon owners by this section by a parking violations
37 bureau, an owner who is a lessor of a vehicle to which a notice of
38 liability was issued pursuant to subdivision (g) of this section shall
39 not be liable for the violation of subdivision (a) of section eleven
40 hundred seventy-four of this article, provided that:
41 (A) prior to the violation, the lessor has filed with the bureau in
42 accordance with the provisions of section two hundred thirty-nine of
43 this chapter; and
44 (B) within thirty-seven days after receiving notice from the bureau of
45 the date and time of a liability, together with the other information
46 contained in the original notice of liability, the lessor submits to the
47 bureau the correct name and address of the lessee of the vehicle identi-
48 fied in the notice of liability at the time of such violation, together
49 with such other additional information contained in the rental, lease or
50 other contract document, as may be reasonably required by the bureau
51 pursuant to regulations that may be promulgated for such purpose.
52 (ii) Failure to comply with clause (B) of subparagraph (i) of this
53 paragraph shall render the owner liable for the penalty prescribed in
54 this section.
55 (iii) Where the lessor complies with the provisions of this paragraph,
56 the lessee of such vehicle on the date of such violation shall be deemed
S. 4524--B 37
1 to be the owner of such vehicle for purposes of this section, shall be
2 subject to liability for such violation pursuant to this section and
3 shall be sent a notice of liability pursuant to subdivision (g) of this
4 section.
5 (k) 1. If the owner liable for a violation of subdivision (a) of
6 section eleven hundred seventy-four of this article pursuant to this
7 section was not the operator of the vehicle at the time of the
8 violation, the owner may maintain an action for indemnification against
9 the operator.
10 2. Notwithstanding any other provision of this section, no owner of a
11 vehicle shall be subject to a monetary fine imposed pursuant to this
12 section if the operator of such vehicle was operating such vehicle with-
13 out the consent of the owner at the time such operator failed to comply
14 with section eleven hundred seventy-four of this chapter. For purposes
15 of this subdivision there shall be a presumption that the operator of
16 such vehicle was operating such vehicle with the consent of the owner at
17 the time such operator failed to comply with section eleven hundred
18 seventy-four of this chapter.
19 (l) Nothing in this section shall be construed to limit the liability
20 of an operator of a vehicle for any violation of subdivision (a) of
21 section eleven hundred seventy-four of this article.
22 (m) In any such county, city, town or village which adopts a demon-
23 stration program pursuant to subdivision (a) of this section, such coun-
24 ty, city, town or village shall submit an annual report on the results
25 of the use of a school bus photo violation monitoring system to the
26 governor, the temporary president of the senate and the speaker of the
27 assembly on or before June first, two thousand nineteen and on the same
28 date in each succeeding year in which the demonstration program is oper-
29 able. Such report shall include, but not be limited to:
30 1. the number of buses and a description of the routes where station-
31 ary and mobile school bus photo violation monitoring systems were used;
32 2. the aggregate number, type and severity of accidents reported at
33 locations where a school bus photo violation monitoring system is used
34 for the year preceding the installation of such system, to the extent
35 the information is maintained by the department of motor vehicles of
36 this state;
37 3. the aggregate number, type and severity of accidents reported at
38 locations where a school bus photo violation monitoring system is used,
39 to the extent the information is maintained by the department of motor
40 vehicles of this state;
41 4. the number of violations recorded at each location where a school
42 bus photo violation monitoring system is used and in the aggregate on a
43 daily, weekly and monthly basis;
44 4-a. the number of convictions for violations of subdivision (a) of
45 section eleven hundred seventy-four of this article recorded at each
46 location where a school bus photo violation monitoring system is used on
47 an annual basis, to the extent the information is maintained by the
48 department of motor vehicles of this state;
49 5. the total number of notices of liability issued for violations
50 recorded by such systems;
51 6. the number of fines and total amount of fines paid after the first
52 notice of liability issued for violations recorded by such systems;
53 7. the number of violations adjudicated and results of such adjudi-
54 cations including breakdowns of dispositions made for violations
55 recorded by such systems which shall be provided at least annually to
S. 4524--B 38
1 such county, city, town or village by the respective courts, bureaus and
2 agencies conducting such adjudications;
3 8. the total amount of revenue realized by such city, town or village
4 from such adjudications;
5 9. the expenses incurred by such city, town or village in connection
6 with the program;
7 10. the quality of the adjudication process and its results including
8 the total number of hearings scheduled, re-scheduled, and held; the
9 total number of persons scheduled for such hearings; the total number of
10 cases where fines were paid on or before the hearing date; and the total
11 number of default judgments entered. Such information shall be provided
12 at least annually to such county, city, town or village by the respec-
13 tive courts, bureaus and agencies conducting such adjudications; and
14 11. a description of public education activities conducted to warn
15 motorists of the dangers of overtaking and passing stopped school buses.
16 (n) It shall be a defense to any prosecution for a violation of subdi-
17 vision (a) of section eleven hundred seventy-four of this article pursu-
18 ant to a local law or ordinance adopted pursuant to this section that
19 such school bus stop-arms were malfunctioning at the time of the alleged
20 violation.
21 § 10. The opening paragraph and paragraph (c) of subdivision 1 of
22 section 1809 of the vehicle and traffic law, as amended by section 10 of
23 chapter 222 of the laws of 2015, are amended to read as follows:
24 Whenever proceedings in an administrative tribunal or a court of this
25 state result in a conviction for an offense under this chapter or a
26 traffic infraction under this chapter, or a local law, ordinance, rule
27 or regulation adopted pursuant to this chapter, other than a traffic
28 infraction involving standing, stopping, or parking or violations by
29 pedestrians or bicyclists, or other than an adjudication of liability of
30 an owner for a violation of subdivision (d) of section eleven hundred
31 eleven of this chapter in accordance with section eleven hundred
32 eleven-a of this chapter, or other than an adjudication of liability of
33 an owner for a violation of subdivision (d) of section eleven hundred
34 eleven of this chapter in accordance with section eleven hundred
35 eleven-b of this chapter, or other than an adjudication in accordance
36 with section eleven hundred eleven-c of this chapter for a violation of
37 a bus lane restriction as defined in such section, or other than an
38 adjudication of liability of an owner for a violation of subdivision (d)
39 of section eleven hundred eleven of this chapter in accordance with
40 section eleven hundred eleven-d of this chapter, or other than an adju-
41 dication of liability of an owner for a violation of subdivision (b),
42 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
43 accordance with section eleven hundred eighty-b of this chapter, or
44 other than an adjudication of liability of an owner for a violation of
45 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
46 of this chapter in accordance with section eleven hundred eighty-c of
47 this chapter, or other than an adjudication of liability of an owner for
48 a violation of subdivision (d) of section eleven hundred eleven of this
49 chapter in accordance with section eleven hundred eleven-e of this chap-
50 ter, or other than an adjudication of liability of an owner for a
51 violation of section eleven hundred seventy-four of this chapter in
52 accordance with section eleven hundred seventy-four-a of this chapter,
53 there shall be levied a crime victim assistance fee and a mandatory
54 surcharge, in addition to any sentence required or permitted by law, in
55 accordance with the following schedule:
S. 4524--B 39
1 (c) Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for an offense under this chapter
3 other than a crime pursuant to section eleven hundred ninety-two of this
4 chapter, or a traffic infraction under this chapter, or a local law,
5 ordinance, rule or regulation adopted pursuant to this chapter, other
6 than a traffic infraction involving standing, stopping, or parking or
7 violations by pedestrians or bicyclists, or other than an adjudication
8 of liability of an owner for a violation of subdivision (d) of section
9 eleven hundred eleven of this chapter in accordance with section eleven
10 hundred eleven-a of this chapter, or other than an adjudication of
11 liability of an owner for a violation of subdivision (d) of section
12 eleven hundred eleven of this chapter in accordance with section eleven
13 hundred eleven-b of this chapter, or other than an adjudication of
14 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-d of this chapter, or other than an infraction pursuant
17 to article nine of this chapter or other than an adjudication of liabil-
18 ity of an owner for a violation of toll collection regulations pursuant
19 to section two thousand nine hundred eighty-five of the public authori-
20 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
21 hundred seventy-four of the laws of nineteen hundred fifty or other than
22 an adjudication in accordance with section eleven hundred eleven-c of
23 this chapter for a violation of a bus lane restriction as defined in
24 such section, or other than an adjudication of liability of an owner for
25 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
26 hundred eighty of this chapter in accordance with section eleven hundred
27 eighty-b of this chapter, or other than an adjudication of liability of
28 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
29 section eleven hundred eighty of this chapter in accordance with section
30 eleven hundred eighty-c of this chapter, or other than an adjudication
31 of liability of an owner for a violation of subdivision (d) of section
32 eleven hundred eleven of this chapter in accordance with section eleven
33 hundred eleven-e of this chapter, or other than an adjudication of
34 liability of an owner for a violation of section eleven hundred seven-
35 ty-four of this chapter in accordance with section eleven hundred seven-
36 ty-four-a of this chapter, there shall be levied a crime victim assist-
37 ance fee in the amount of five dollars and a mandatory surcharge, in
38 addition to any sentence required or permitted by law, in the amount of
39 fifty-five dollars.
40 § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
41 as amended by section 10-a of chapter 222 of the laws of 2015, is
42 amended to read as follows:
43 1. Whenever proceedings in an administrative tribunal or a court of
44 this state result in a conviction for a crime under this chapter or a
45 traffic infraction under this chapter, or a local law, ordinance, rule
46 or regulation adopted pursuant to this chapter, other than a traffic
47 infraction involving standing, stopping, parking or motor vehicle equip-
48 ment or violations by pedestrians or bicyclists, or other than an adju-
49 dication of liability of an owner for a violation of subdivision (d) of
50 section eleven hundred eleven of this chapter in accordance with section
51 eleven hundred eleven-a of this chapter, or other than an adjudication
52 of liability of an owner for a violation of subdivision (d) of section
53 eleven hundred eleven of this chapter in accordance with section eleven
54 hundred eleven-b of this chapter, or other than an adjudication in
55 accordance with section eleven hundred eleven-c of this chapter for a
56 violation of a bus lane restriction as defined in such section, or other
S. 4524--B 40
1 than an adjudication of liability of an owner for a violation of subdi-
2 vision (d) of section eleven hundred eleven of this chapter in accord-
3 ance with section eleven hundred eleven-d of this chapter, or other than
4 an adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-b of this chapter,
7 or other than an adjudication of liability of an owner for a violation
8 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
9 eighty of this chapter in accordance with section eleven hundred eight-
10 y-c of this chapter, or other than an adjudication of liability of an
11 owner for a violation of subdivision (d) of section eleven hundred elev-
12 en of this chapter in accordance with section eleven hundred eleven-e of
13 this chapter, or other than an adjudication of liability of an owner for
14 a violation of section eleven hundred seventy-four of this chapter in
15 accordance with section eleven hundred seventy-four-a of this chapter,
16 there shall be levied a mandatory surcharge, in addition to any sentence
17 required or permitted by law, in the amount of twenty-five dollars.
18 § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
19 as amended by section 10-b of chapter 222 of the laws of 2015, is
20 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 in accordance with section eleven hundred eleven-c of this chapter for a
27 violation of a bus lane restriction as defined in such section, or other
28 than an adjudication of liability of an owner for a violation of subdi-
29 vision (d) of section eleven hundred eleven of this chapter in accord-
30 ance with section eleven hundred eleven-d of this chapter, or other than
31 an adjudication of liability of an owner for a violation of subdivision
32 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
33 ter in accordance with section eleven hundred eighty-b of this chapter,
34 or other than an adjudication of liability of an owner for a violation
35 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
36 eighty of this chapter in accordance with section eleven hundred eight-
37 y-c of this chapter, or other than an adjudication of liability of an
38 owner for a violation of subdivision (d) of section eleven hundred elev-
39 en of this chapter in accordance with section eleven hundred eleven-e of
40 this chapter, or other than an adjudication of liability of an owner for
41 a violation of section eleven hundred seventy-four of this chapter in
42 accordance with section eleven hundred seventy-four-a of this chapter,
43 there shall be levied a mandatory surcharge, in addition to any sentence
44 required or permitted by law, in the amount of seventeen dollars.
45 § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
46 as amended by section 10-c of chapter 222 of the laws of 2015, is
47 amended to read as follows:
48 1. Whenever proceedings in an administrative tribunal or a court of
49 this state result in a conviction for a crime under this chapter or a
50 traffic infraction under this chapter other than a traffic infraction
51 involving standing, stopping, parking or motor vehicle equipment or
52 violations by pedestrians or bicyclists, or other than an adjudication
53 of liability of an owner for a violation of subdivision (b), (c), (d),
54 (f) or (g) of section eleven hundred eighty of this chapter in accord-
55 ance with section eleven hundred eighty-b of this chapter, or other than
56 an adjudication of liability of an owner for a violation of subdivision
S. 4524--B 41
1 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
2 ter in accordance with section eleven hundred eighty-c of this chapter,
3 or other than an adjudication of liability of an owner for a violation
4 of subdivision (d) of section eleven hundred eleven of this chapter in
5 accordance with section eleven hundred eleven-d of this chapter, or
6 other than an adjudication of liability of an owner for a violation of
7 subdivision (d) of section eleven hundred eleven of this chapter in
8 accordance with section eleven hundred eleven-e of this chapter, or
9 other than an adjudication of liability of an owner for a violation of
10 section eleven hundred seventy-four of this chapter in accordance with
11 section eleven hundred seventy-four-a of this chapter, there shall be
12 levied a mandatory surcharge, in addition to any sentence required or
13 permitted by law, in the amount of seventeen dollars.
14 § 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
15 as amended by section 10-d of chapter 222 of the laws of 2015, is
16 amended to read as follows:
17 1. Whenever proceedings in an administrative tribunal or a court of
18 this state result in a conviction for a crime under this chapter or a
19 traffic infraction under this chapter other than a traffic infraction
20 involving standing, stopping, parking or motor vehicle equipment or
21 violations by pedestrians or bicyclists, or other than an adjudication
22 of liability of an owner for a violation of subdivision (b), (c), (d),
23 (f) or (g) of section eleven hundred eighty of this chapter in accord-
24 ance with section eleven hundred eighty-c of this chapter, or other than
25 an adjudication of liability of an owner for a violation of subdivision
26 (d) of section eleven hundred eleven of this chapter in accordance with
27 section eleven hundred eleven-d of this chapter, or other than an adju-
28 dication of liability of an owner for a violation of subdivision (d) of
29 section eleven hundred eleven of this chapter in accordance with section
30 eleven hundred eleven-e of this chapter, or other than an adjudication
31 of liability of an owner for a violation of section eleven hundred
32 seventy-four of this chapter in accordance with section eleven hundred
33 seventy-four-a of this chapter, there shall be levied a mandatory
34 surcharge, in addition to any sentence required or permitted by law, in
35 the amount of seventeen dollars.
36 § 10-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
37 as amended by section 10-e of chapter 222 of the laws of 2015, is
38 amended to read as follows:
39 1. Whenever proceedings in an administrative tribunal or a court of
40 this state result in a conviction for a crime under this chapter or a
41 traffic infraction under this chapter other than a traffic infraction
42 involving standing, stopping, parking or motor vehicle equipment or
43 violations by pedestrians or bicyclists, or other than an adjudication
44 of liability of an owner for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter in accordance with section eleven
46 hundred eleven-d of this chapter, or other than an adjudication of
47 liability of an owner for a violation of subdivision (d) of section
48 eleven hundred eleven of this chapter in accordance with section eleven
49 hundred eleven-e of this chapter, or other than an adjudication of
50 liability of an owner for a violation of section eleven hundred seven-
51 ty-four of this chapter in accordance with section eleven hundred seven-
52 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
53 in addition to any sentence required or permitted by law, in the amount
54 of seventeen dollars.
S. 4524--B 42
1 § 10-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
2 as amended by section 10-f of chapter 222 of the laws of 2015, is
3 amended to read as follows:
4 1. Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for a crime under this chapter or a
6 traffic infraction under this chapter other than a traffic infraction
7 involving standing, stopping, parking or motor vehicle equipment or
8 violations by pedestrians or bicyclists, or other than an adjudication
9 of liability of an owner for a violation of subdivision (d) of section
10 eleven hundred eleven of this chapter in accordance with section eleven
11 hundred eleven-e of this chapter, or other than an adjudication of
12 liability of an owner for a violation of section eleven hundred seven-
13 ty-four of this chapter in accordance with section eleven hundred seven-
14 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
15 in addition to any sentence required or permitted by law, in the amount
16 of seventeen dollars.
17 § 10-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
18 as separately amended by chapter 16 of the laws of 1983 and chapter 62
19 of the laws of 1989, is amended to read as follows:
20 1. Whenever proceedings in an administrative tribunal or a court of
21 this state result in a conviction for a crime under this chapter or a
22 traffic infraction under this chapter other than a traffic infraction
23 involving standing, stopping, parking or motor vehicle equipment or
24 violations by pedestrians or bicyclists, or other than an adjudication
25 of liability of an owner for a violation of section eleven hundred
26 seventy-four of this chapter in accordance with section eleven hundred
27 seventy-four-a of this chapter, there shall be levied a mandatory
28 surcharge, in addition to any sentence required or permitted by law, in
29 the amount of seventeen dollars.
30 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
31 and traffic law, as amended by section 11 of chapter 222 of the laws of
32 2015, is amended to read as follows:
33 a. Notwithstanding any other provision of law, whenever proceedings in
34 a court or an administrative tribunal of this state result in a
35 conviction for an offense under this chapter, except a conviction pursu-
36 ant to section eleven hundred ninety-two of this chapter, or for a traf-
37 fic infraction under this chapter, or a local law, ordinance, rule or
38 regulation adopted pursuant to this chapter, except a traffic infraction
39 involving standing, stopping, or parking or violations by pedestrians or
40 bicyclists, and except an adjudication of liability of an owner for a
41 violation of subdivision (d) of section eleven hundred eleven of this
42 chapter in accordance with section eleven hundred eleven-a of this chap-
43 ter or in accordance with section eleven hundred eleven-d of this chap-
44 ter, or in accordance with section eleven hundred eleven-e of this chap-
45 ter, or in accordance with section eleven hundred seventy-four-a of this
46 chapter, and except an adjudication of liability of an owner for a
47 violation of subdivision (d) of section eleven hundred eleven of this
48 chapter in accordance with section eleven hundred eleven-b of this chap-
49 ter, and except an adjudication in accordance with section eleven
50 hundred eleven-c of this chapter of a violation of a bus lane
51 restriction as defined in such section, and except an adjudication of
52 liability of an owner for a violation of subdivision (b), (c), (d), (f)
53 or (g) of section eleven hundred eighty of this chapter in accordance
54 with section eleven hundred eighty-b of this chapter, and except an
55 adjudication of liability of an owner for a violation of subdivision
56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
S. 4524--B 43
1 ter in accordance with section eleven hundred eighty-c of this chapter,
2 and except an adjudication of liability of an owner for a violation of
3 toll collection regulations pursuant to section two thousand nine
4 hundred eighty-five of the public authorities law or sections sixteen-a,
5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
6 laws of nineteen hundred fifty, there shall be levied in addition to any
7 sentence, penalty or other surcharge required or permitted by law, an
8 additional surcharge of twenty-eight dollars.
9 § 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
10 and traffic law, as amended by section 11-a of chapter 222 of the laws
11 of 2015, is amended to read as follows:
12 a. Notwithstanding any other provision of law, whenever proceedings in
13 a court or an administrative tribunal of this state result in a
14 conviction for an offense under this chapter, except a conviction pursu-
15 ant to section eleven hundred ninety-two of this chapter, or for a traf-
16 fic infraction under this chapter, or a local law, ordinance, rule or
17 regulation adopted pursuant to this chapter, except a traffic infraction
18 involving standing, stopping, or parking or violations by pedestrians or
19 bicyclists, and except an adjudication of liability of an owner for a
20 violation of subdivision (d) of section eleven hundred eleven of this
21 chapter in accordance with section eleven hundred eleven-a of this chap-
22 ter or in accordance with section eleven hundred eleven-d of this chap-
23 ter or in accordance with section eleven hundred eleven-e of this chap-
24 ter, or in accordance with section eleven hundred seventy-four-a of this
25 chapter, and except an adjudication in accordance with section eleven
26 hundred eleven-c of this chapter of a violation of a bus lane
27 restriction as defined in such section, and except an adjudication of
28 liability of an owner for a violation of subdivision (b), (c), (d), (f)
29 or (g) of section eleven hundred eighty of this chapter in accordance
30 with section eleven hundred eighty-b of this chapter, and except an
31 adjudication of liability of an owner for a violation of subdivision
32 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
33 ter in accordance with section eleven hundred eighty-c of this chapter,
34 and except an adjudication of liability of an owner for a violation of
35 toll collection regulations pursuant to section two thousand nine
36 hundred eighty-five of the public authorities law or sections sixteen-a,
37 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
38 laws of nineteen hundred fifty, there shall be levied in addition to any
39 sentence, penalty or other surcharge required or permitted by law, an
40 additional surcharge of twenty-eight dollars.
41 § 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
42 and traffic law, as amended by section 11-b of chapter 222 of the laws
43 of 2015, is amended to read as follows:
44 a. Notwithstanding any other provision of law, whenever proceedings in
45 a court or an administrative tribunal of this state result in a
46 conviction for an offense under this chapter, except a conviction pursu-
47 ant to section eleven hundred ninety-two of this chapter, or for a traf-
48 fic infraction under this chapter, or a local law, ordinance, rule or
49 regulation adopted pursuant to this chapter, except a traffic infraction
50 involving standing, stopping, or parking or violations by pedestrians or
51 bicyclists, and except an adjudication of liability of an owner for a
52 violation of subdivision (d) of section eleven hundred eleven of this
53 chapter in accordance with section eleven hundred eleven-a of this chap-
54 ter or in accordance with section eleven hundred eleven-d of this chap-
55 ter or in accordance with section eleven hundred eleven-e of this chap-
56 ter, or in accordance with section eleven hundred seventy-four-a of this
S. 4524--B 44
1 chapter, and except an adjudication of liability of an owner for a
2 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
3 hundred eighty of this chapter in accordance with section eleven hundred
4 eighty-b of this chapter, and except an adjudication of liability of an
5 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
6 section eleven hundred eighty of this chapter in accordance with section
7 eleven hundred eighty-c of this chapter, and except an adjudication of
8 liability of an owner for a violation of toll collection regulations
9 pursuant to section two thousand nine hundred eighty-five of the public
10 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
11 ter seven hundred seventy-four of the laws of nineteen hundred fifty,
12 there shall be levied in addition to any sentence, penalty or other
13 surcharge required or permitted by law, an additional surcharge of twen-
14 ty-eight dollars.
15 § 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
16 and traffic law, as amended by section 11-c of chapter 222 of the laws
17 of 2015, is amended to read as follows:
18 a. Notwithstanding any other provision of law, whenever proceedings in
19 a court or an administrative tribunal of this state result in a
20 conviction for an offense under this chapter, except a conviction pursu-
21 ant to section eleven hundred ninety-two of this chapter, or for a traf-
22 fic infraction under this chapter, or a local law, ordinance, rule or
23 regulation adopted pursuant to this chapter, except a traffic infraction
24 involving standing, stopping, or parking or violations by pedestrians or
25 bicyclists, and except an adjudication of liability of an owner for a
26 violation of subdivision (d) of section eleven hundred eleven of this
27 chapter in accordance with section eleven hundred eleven-a of this chap-
28 ter or in accordance with section eleven hundred eleven-d of this chap-
29 ter or in accordance with section eleven hundred eleven-e of this chap-
30 ter, or in accordance with section eleven hundred seventy-four-a of this
31 chapter, and except an adjudication of liability of an owner for a
32 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
33 hundred eighty of this chapter in accordance with section eleven hundred
34 eighty-c of this chapter, and except an adjudication of liability of an
35 owner for a violation of toll collection regulations pursuant to section
36 two thousand nine hundred eighty-five of the public authorities law or
37 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
38 seventy-four of the laws of nineteen hundred fifty, there shall be
39 levied in addition to any sentence, penalty or other surcharge required
40 or permitted by law, an additional surcharge of twenty-eight dollars.
41 § 11-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
42 and traffic law, as amended by section 11-d of chapter 222 of the laws
43 of 2015, is amended to read as follows:
44 a. Notwithstanding any other provision of law, whenever proceedings in
45 a court or an administrative tribunal of this state result in a
46 conviction for an offense under this chapter, except a conviction pursu-
47 ant to section eleven hundred ninety-two of this chapter, or for a traf-
48 fic infraction under this chapter, or a local law, ordinance, rule or
49 regulation adopted pursuant to this chapter, except a traffic infraction
50 involving standing, stopping, or parking or violations by pedestrians or
51 bicyclists, and except an adjudication of liability of an owner for a
52 violation of subdivision (d) of section eleven hundred eleven of this
53 chapter in accordance with section eleven hundred eleven-a of this chap-
54 ter or in accordance with section eleven hundred eleven-d of this chap-
55 ter or in accordance with section eleven hundred eleven-e of this chap-
56 ter, or in accordance with section eleven hundred seventy-four-a of this
S. 4524--B 45
1 chapter, and except an adjudication of liability of an owner for a
2 violation of toll collection regulations pursuant to section two thou-
3 sand nine hundred eighty-five of the public authorities law or sections
4 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
5 of the laws of nineteen hundred fifty, there shall be levied in addition
6 to any sentence, penalty or other surcharge required or permitted by
7 law, an additional surcharge of twenty-eight dollars.
8 § 11-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
9 and traffic law, as amended by section 11-e of chapter 222 of the laws
10 of 2015, is amended to read as follows:
11 a. Notwithstanding any other provision of law, whenever proceedings in
12 a court or an administrative tribunal of this state result in a
13 conviction for an offense under this chapter, except a conviction pursu-
14 ant to section eleven hundred ninety-two of this chapter, or for a traf-
15 fic infraction under this chapter, or a local law, ordinance, rule or
16 regulation adopted pursuant to this chapter, except a traffic infraction
17 involving standing, stopping, or parking or violations by pedestrians or
18 bicyclists, and except an adjudication of liability of an owner for a
19 violation of subdivision (d) of section eleven hundred eleven of this
20 chapter in accordance with section eleven hundred eleven-a of this chap-
21 ter or in accordance with section eleven hundred eleven-e of this chap-
22 ter, or in accordance with section eleven hundred seventy-four-a of this
23 chapter, and except an adjudication of liability of an owner for a
24 violation of toll collection regulations pursuant to section two thou-
25 sand nine hundred eighty-five of the public authorities law or sections
26 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
27 of the laws of nineteen hundred fifty, there shall be levied in addition
28 to any sentence, penalty or other surcharge required or permitted by
29 law, an additional surcharge of twenty-eight dollars.
30 § 11-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
31 and traffic law, as amended by section 5 of part C of chapter 55 of the
32 laws of 2013, is amended to read as follows:
33 a. Notwithstanding any other provision of law, whenever proceedings in
34 a court or an administrative tribunal of this state result in a
35 conviction for an offense under this chapter, except a conviction pursu-
36 ant to section eleven hundred ninety-two of this chapter, or for a traf-
37 fic infraction under this chapter, or a local law, ordinance, rule or
38 regulation adopted pursuant to this chapter, except a traffic infraction
39 involving standing, stopping, or parking or violations by pedestrians or
40 bicyclists, and except an adjudication of liability of an owner for a
41 violation of subdivision (d) of section eleven hundred eleven of this
42 chapter in accordance with section eleven hundred eleven-a of this chap-
43 ter or in accordance with section eleven hundred seventy-four-a of this
44 chapter, and except an adjudication of liability of an owner for a
45 violation of toll collection regulations pursuant to section two thou-
46 sand nine hundred eighty-five of the public authorities law or sections
47 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
48 of the laws of nineteen hundred fifty, there shall be levied in addition
49 to any sentence, penalty or other surcharge required or permitted by
50 law, an additional surcharge of twenty-eight dollars.
51 § 12. Subdivision 3 of section 1803 of the vehicle and traffic law, as
52 amended by chapter 679 of the laws of 1970, is amended and a new subdi-
53 vision 10 is added to read as follows:
54 3. All fines, penalties and forfeitures paid to a city, town or
55 village pursuant to the provisions of paragraph a of subdivision one of
56 this section and subdivision ten of this section shall be credited to
S. 4524--B 46
1 the general fund of such city, town or village, unless a different
2 disposition is prescribed by charter, special law, local law or ordi-
3 nance.
4 10. Except as otherwise provided in paragraph e of subdivision one of
5 this section, where a county has established a demonstration program
6 imposing monetary liability on the owner of a vehicle for failure of an
7 operator thereof to comply with section eleven hundred seventy-four of
8 this chapter in accordance with section eleven hundred seventy-four-a of
9 this chapter, any fine or penalty collected by a court, judge, magis-
10 trate or other officer for an imposition of liability which occurs with-
11 in such county pursuant to such program shall be paid to the state comp-
12 troller within the first ten days of the month following collection.
13 Every such payment shall be accompanied by a statement in such form and
14 detail as the comptroller shall provide. The comptroller shall pay nine-
15 ty percent of any such fine or penalty imposed for such liability to the
16 county in which the violation giving rise to the liability occurred, and
17 ten percent of any such fine or penalty to the city, town or village in
18 which the violation giving rise to the liability occurred.
19 § 13. Subdivision 1 of section 371 of the general municipal law, as
20 amended by section 12 of chapter 222 of the laws of 2015, is amended to
21 read as follows:
22 1. A traffic violations bureau so established may be authorized to
23 dispose of violations of traffic laws, ordinances, rules and regulations
24 when such offenses shall not constitute the traffic infraction known as
25 speeding or a misdemeanor or felony, and, if authorized by local law or
26 ordinance, to adjudicate the liability of owners for violations of
27 subdivision (d) of section eleven hundred eleven of the vehicle and
28 traffic law in accordance with section eleven hundred eleven-a of such
29 law or section eleven hundred eleven-b of such law as added by sections
30 sixteen of chapters twenty, [twenty-one,] and twenty-two of the laws of
31 two thousand nine which amended this subdivision, or section eleven
32 hundred eleven-d of such law, or section eleven hundred eleven-e of such
33 law or section eleven hundred seventy-four-a of such law.
34 § 13-a. Section 371 of the general municipal law, as amended by
35 section 12-a of chapter 222 of the laws of 2015, is amended to read as
36 follows:
37 § 371. Jurisdiction and procedure. A traffic violations bureau so
38 established may be authorized to dispose of violations of traffic laws,
39 ordinances, rules and regulations when such offenses shall not consti-
40 tute the traffic infraction known as speeding or a misdemeanor or felo-
41 ny, and, if authorized by local law or ordinance, to adjudicate the
42 liability of owners for violations of subdivision (d) of section eleven
43 hundred eleven of the vehicle and traffic law in accordance with section
44 eleven hundred eleven-b of such law as added by sections sixteen of
45 chapters twenty, [twenty-one,] and twenty-two of the laws of two thou-
46 sand nine which amended this section or section eleven hundred eleven-d
47 of such law or section eleven hundred eleven-e of such law, or section
48 eleven hundred seventy-four-a of such law, by permitting a person
49 charged with an offense within the limitations herein stated, to answer,
50 within a specified time, at the traffic violations bureau, either in
51 person or by written power of attorney in such form as may be prescribed
52 in the ordinance creating the bureau, by paying a prescribed fine and,
53 in writing, waiving a hearing in court, pleading guilty to the charge or
54 admitting liability as an owner for the violation of subdivision (d) of
55 section eleven hundred eleven of the vehicle and traffic law, as the
56 case may be, and authorizing the person in charge of the bureau to make
S. 4524--B 47
1 such a plea or admission and pay such a fine in court. Acceptance of the
2 prescribed fine and power of attorney by the bureau shall be deemed
3 complete satisfaction for the violation or of the liability, and the
4 violator or owner liable for a violation of subdivision (d) of section
5 eleven hundred eleven of the vehicle and traffic law shall be given a
6 receipt which so states. If a person charged with a traffic violation
7 does not answer as hereinbefore prescribed, within a designated time,
8 the bureau shall cause a complaint to be entered against him or her
9 forthwith and a warrant to be issued for his or her arrest and appear-
10 ance before the court. Any person who shall have been, within the
11 preceding twelve months, guilty of a number of parking violations in
12 excess of such maximum number as may be designated by the court, or of
13 three or more violations other than parking violations, shall not be
14 permitted to appear and answer to a subsequent violation at the traffic
15 violations bureau, but must appear in court at a time specified by the
16 bureau. Such traffic violations bureau shall not be authorized to
17 deprive a person of his or her right to counsel or to prevent him or her
18 from exercising his or her right to appear in court to answer to,
19 explain, or defend any charge of a violation of any traffic law, ordi-
20 nance, rule or regulation.
21 § 13-b. Section 371 of the general municipal law, as amended by
22 section 12-b of chapter 222 of the laws of 2015, is amended to read as
23 follows:
24 § 371. Jurisdiction and procedure. A traffic violations bureau so
25 established may be authorized to dispose of violations of traffic laws,
26 ordinances, rules and regulations when such offenses shall not consti-
27 tute the traffic infraction known as speeding or a misdemeanor or felo-
28 ny, and, if authorized by local law or ordinance, to adjudicate the
29 liability of owners for violations of subdivision (d) of section eleven
30 hundred eleven of the vehicle and traffic law in accordance with section
31 eleven hundred eleven-d or section eleven hundred eleven-e or section
32 eleven hundred seventy-four-a of the vehicle and traffic law, by permit-
33 ting a person charged with an offense within the limitations herein
34 stated, to answer, within a specified time, at the traffic violations
35 bureau, either in person or by written power of attorney in such form as
36 may be prescribed in the ordinance creating the bureau, by paying a
37 prescribed fine and, in writing, waiving a hearing in court, pleading
38 guilty to the charge or admitting liability as an owner for the
39 violation of subdivision (d) of section eleven hundred eleven of the
40 vehicle and traffic law, as the case may be, and authorizing the person
41 in charge of the bureau to make such a plea or admission and pay such a
42 fine in court. Acceptance of the prescribed fine and power of attorney
43 by the bureau shall be deemed complete satisfaction for the violation or
44 of the liability, and the violator or owner liable for a violation of
45 subdivision (d) of section eleven hundred eleven of the vehicle and
46 traffic law shall be given a receipt which so states. If a person
47 charged with a traffic violation does not answer as hereinbefore
48 prescribed, within a designated time, the bureau shall cause a complaint
49 to be entered against him or her forthwith and a warrant to be issued
50 for his or her arrest and appearance before the court. Any person who
51 shall have been, within the preceding twelve months, guilty of a number
52 of parking violations in excess of such maximum number as may be desig-
53 nated by the court, or of three or more violations other than parking
54 violations, shall not be permitted to appear and answer to a subsequent
55 violation at the traffic violations bureau, but must appear in court at
56 a time specified by the bureau. Such traffic violations bureau shall not
S. 4524--B 48
1 be authorized to deprive a person of his or her right to counsel or to
2 prevent him or her from exercising his or her right to appear in court
3 to answer to, explain, or defend any charge of a violation of any traf-
4 fic law, ordinance, rule or regulation.
5 § 13-c. Section 371 of the general municipal law, as amended by
6 section 12-c of chapter 222 of the laws of 2015, is amended to read as
7 follows:
8 § 371. Jurisdiction and procedure. A traffic violations bureau so
9 established may be authorized to dispose of violations of traffic laws,
10 ordinances, rules and regulations when such offenses shall not consti-
11 tute the traffic infraction known as speeding or a misdemeanor or felo-
12 ny, and, if authorized by local law or ordinance, to adjudicate the
13 liability of owners for violations of subdivision (d) of section eleven
14 hundred eleven of the vehicle and traffic law in accordance with section
15 eleven hundred eleven-e of the vehicle and traffic law, and, if author-
16 ized by local law or ordinance, to adjudicate the liability of owners
17 for violations of section eleven hundred seventy-four of the vehicle and
18 traffic law in accordance with section eleven hundred seventy-four-a of
19 the vehicle and traffic law by permitting a person charged with an
20 offense within the limitations herein stated, to answer, within a speci-
21 fied time, at the traffic violations bureau, either in person or by
22 written power of attorney in such form as may be prescribed in the ordi-
23 nance creating the bureau, by paying a prescribed fine and, in writing,
24 waiving a hearing in court, pleading guilty to the charge or admitting
25 liability as an owner for violation of subdivision (d) of section eleven
26 hundred eleven of the vehicle and traffic law, as the case may be, or
27 admitting liability as an owner for a violation of section eleven
28 hundred seventy-four of the vehicle and traffic law, as the case may be,
29 and authorizing the person in charge of the bureau to make such a plea
30 or admission and pay such a fine in court. Acceptance of the prescribed
31 fine and power of attorney by the bureau shall be deemed complete satis-
32 faction for the violation or of the liability, and the violator or owner
33 liable for a violation of subdivision (d) of section eleven hundred
34 eleven of the vehicle and traffic law or owner liable for a violation of
35 section eleven hundred seventy-four of the vehicle and traffic law shall
36 be given a receipt which so states. If a person charged with a traffic
37 violation does not answer as hereinbefore prescribed, within a desig-
38 nated time, the bureau shall cause a complaint to be entered against him
39 or her forthwith and a warrant to be issued for his or her arrest and
40 appearance before the court. Any person who shall have been, within the
41 preceding twelve months, guilty of a number of parking violations in
42 excess of such maximum number as may be designated by the court, or of
43 three or more violations other than parking violations, shall not be
44 permitted to appear and answer to a subsequent violation at the traffic
45 violations bureau, but must appear in court at a time specified by the
46 bureau. Such traffic violations bureau shall not be authorized to
47 deprive a person of his or her right to counsel or to prevent him or her
48 from exercising his or her right to appear in court to answer to,
49 explain, or defend any charge of a violation of any traffic law, ordi-
50 nance, rule or regulation.
51 § 13-d. Section 371 of the general municipal law, as amended by chap-
52 ter 802 of the laws of 1949, is amended to read as follows:
53 § 371. Jurisdiction and procedure. A traffic violations bureau so
54 established may be authorized to dispose of violations of traffic laws,
55 ordinances, rules and regulations when such offenses shall not consti-
56 tute the traffic infraction known as speeding or a misdemeanor or felo-
S. 4524--B 49
1 ny, and, if authorized by local law or ordinance, to adjudicate the
2 liability of owners for violations of section eleven hundred seventy-
3 four of the vehicle and traffic law in accordance with section eleven
4 hundred seventy-four-a of the vehicle and traffic law by permitting a
5 person charged with an offense within the limitations herein stated, to
6 answer, within a specified time, at the traffic violations bureau,
7 either in person or by written power of attorney in such form as may be
8 prescribed in the ordinance creating the bureau, by paying a prescribed
9 fine and, in writing, waiving a hearing in court, pleading guilty to the
10 charge, or admitting liability as an owner for a violation of section
11 eleven hundred seventy-four of the vehicle and traffic law, as the case
12 may be and authorizing the person in charge of the bureau to make such a
13 plea or admission and pay such a fine in court. Acceptance of the
14 prescribed fine and power of attorney by the bureau shall be deemed
15 complete satisfaction for the violation, and the violator or owner
16 liable for a violation of section eleven hundred seventy-four of the
17 vehicle and traffic law shall be given a receipt which so states. If a
18 person charged with a traffic violation does not answer as hereinbefore
19 prescribed, within a designated time, the bureau shall cause a complaint
20 to be entered against him or her forthwith and a warrant to be issued
21 for his or her arrest and appearance before the court. Any person who
22 shall have been, within the preceding twelve months, guilty of a number
23 of parking violations in excess of such maximum number as may be desig-
24 nated by the court, or of three or more violations other than parking
25 violations, shall not be permitted to appear and answer to a subsequent
26 violation at the traffic violations bureau, but must appear in court at
27 a time specified by the bureau. Such traffic violations bureau shall not
28 be authorized to deprive a person of his or her right to counsel or to
29 prevent him or her from exercising his or her right to appear in court
30 to answer to, explain, or defend any charge of a violation of any traf-
31 fic law, ordinance, rule or regulation.
32 § 14. Subdivision 2 of section 371 of the general municipal law, as
33 amended by chapter 43 of the laws of 2014, is amended to read as
34 follows:
35 2. The Nassau county traffic and parking violations agency, as estab-
36 lished, may be authorized to assist the Nassau county district court,
37 and the Suffolk county traffic and parking violations agency, as estab-
38 lished, may be authorized to assist the Suffolk county district court,
39 in the disposition and administration of infractions of traffic and
40 parking laws, ordinances, rules and regulations and the liability of
41 owners for violations of subdivision (d) of section eleven hundred elev-
42 en of the vehicle and traffic law in accordance with section eleven
43 hundred eleven-b of such law and the liability of owners for violations
44 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
45 eighty of the vehicle and traffic law in accordance with section eleven
46 hundred eighty-c of such law and the liability of owners for violations
47 of section eleven hundred seventy-four of the vehicle and traffic law in
48 accordance with section eleven hundred seventy-four-a of such law,
49 except that such agencies shall not have jurisdiction over (a) the traf-
50 fic infraction defined under subdivision one of section eleven hundred
51 ninety-two of the vehicle and traffic law; (b) the traffic infraction
52 defined under subdivision five of section eleven hundred ninety-two of
53 the vehicle and traffic law; (c) the violation defined under paragraph
54 (b) of subdivision four of section fourteen-f of the transportation law
55 and the violation defined under clause (b) of subparagraph (iii) of
56 paragraph c of subdivision two of section one hundred forty of the
S. 4524--B 50
1 transportation law; (d) the traffic infraction defined under section
2 three hundred ninety-seven-a of the vehicle and traffic law and the
3 traffic infraction defined under subdivision (g) of section eleven
4 hundred eighty of the vehicle and traffic law; (e) any misdemeanor or
5 felony; or (f) any offense that is part of the same criminal trans-
6 action, as that term is defined in subdivision two of section 40.10 of
7 the criminal procedure law, as a violation of subdivision one of section
8 eleven hundred ninety-two of the vehicle and traffic law, a violation of
9 subdivision five of section eleven hundred ninety-two of the vehicle and
10 traffic law, a violation of paragraph (b) of subdivision four of section
11 fourteen-f of the transportation law, a violation of clause (b) of
12 subparagraph (iii) of paragraph c of subdivision two of section one
13 hundred forty of the transportation law, a violation of section three
14 hundred ninety-seven-a of the vehicle and traffic law, a violation of
15 subdivision (g) of section eleven hundred eighty of the vehicle and
16 traffic law or any misdemeanor or felony.
17 § 14-a. Subdivision 2 of section 371 of the general municipal law, as
18 amended by chapter 388 of the laws of 2012, is amended to read as
19 follows:
20 2. The Nassau county traffic and parking violations agency, as estab-
21 lished, may be authorized to assist the Nassau county district court,
22 and the Suffolk county traffic and parking violations agency, as estab-
23 lished, may be authorized to assist the Suffolk county district court,
24 in the disposition and administration of infractions of traffic and
25 parking laws, ordinances, rules and regulations and the liability of
26 owners for violations of subdivision (d) of section eleven hundred elev-
27 en of the vehicle and traffic law in accordance with section eleven
28 hundred eleven-b of such law and the liability of owners for violations
29 of section eleven hundred seventy-four of the vehicle and traffic law in
30 accordance with section eleven hundred seventy-four-a of such law,
31 except that such agencies shall not have jurisdiction over (a) the traf-
32 fic infraction defined under subdivision one of section eleven hundred
33 ninety-two of the vehicle and traffic law; (b) the traffic infraction
34 defined under subdivision five of section eleven hundred ninety-two of
35 the vehicle and traffic law; (c) the violation defined under paragraph
36 (b) of subdivision four of section fourteen-f of the transportation law
37 and the violation defined under clause (b) of subparagraph (iii) of
38 paragraph c of subdivision two of section one hundred forty of the
39 transportation law; (d) the traffic infraction defined under section
40 three hundred ninety-seven-a of the vehicle and traffic law and the
41 traffic infraction defined under subdivision (g) of section eleven
42 hundred eighty of the vehicle and traffic law; (e) any misdemeanor or
43 felony; or (f) any offense that is part of the same criminal trans-
44 action, as that term is defined in subdivision two of section 40.10 of
45 the criminal procedure law, as a violation of subdivision one of section
46 eleven hundred ninety-two of the vehicle and traffic law, a violation of
47 subdivision five of section eleven hundred ninety-two of the vehicle and
48 traffic law, a violation of paragraph (b) of subdivision four of section
49 fourteen-f of the transportation law, a violation of clause (b) of
50 subparagraph (iii) of paragraph c of subdivision two of section one
51 hundred forty of the transportation law, a violation of section three
52 hundred ninety-seven-a of the vehicle and traffic law, a violation of
53 subdivision (g) of section eleven hundred eighty of the vehicle and
54 traffic law or any misdemeanor or felony.
55 § 15. Subdivision 2 of section 87 of the public officers law is
56 amended by adding a new paragraph (q) to read as follows:
S. 4524--B 51
1 (q) are photographs, microphotographs, videotape or other recorded
2 images prepared under authority of section eleven hundred seventy-four-a
3 of the vehicle and traffic law.
4 § 16. The purchase or lease of equipment for a demonstration program
5 established pursuant to section 1174-a of the vehicle and traffic law
6 shall be subject to the provisions of section 103 of the general munici-
7 pal law.
8 § 17. Section 1604 of the education law is amended by adding a new
9 subdivision 43 to read as follows:
10 43. To pass a resolution, in the discretion of the board of such
11 district, authorizing the entering of an agreement with a county, city,
12 village or town within such district, for the installation and use of
13 school bus photo violation monitoring systems pursuant to section eleven
14 hundred seventy-four-a of the vehicle and traffic law, provided that the
15 purchase, lease, installation, operation and maintenance, or any other
16 costs associated with such cameras shall not be considered an aidable
17 expense pursuant to section thirty-six hundred twenty-three-a of this
18 chapter.
19 § 18. Section 1709 of the education law is amended by adding a new
20 subdivision 43 to read as follows:
21 43. To pass a resolution, in the discretion of the board of such
22 district, authorizing the entering of an agreement with a county, city,
23 village or town within such district, for the installation and use of
24 school bus photo violation monitoring systems pursuant to section eleven
25 hundred seventy-four-a of the vehicle and traffic law, provided that the
26 purchase, lease, installation, operation and maintenance, or any other
27 costs associated with such cameras shall not be considered an aidable
28 expense pursuant to section thirty-six hundred twenty-three-a of this
29 chapter.
30 § 19. Section 2503 of the education law is amended by adding a new
31 subdivision 21 to read as follows:
32 21. To pass a resolution, in the discretion of the board of such
33 district, authorizing the entering of an agreement with the city within
34 such district, for the installation and use of school bus photo
35 violation monitoring systems pursuant to section eleven hundred seven-
36 ty-four-a of the vehicle and traffic law, provided that the purchase,
37 lease, installation, operation and maintenance, or any other costs asso-
38 ciated with such cameras shall not be considered an aidable expense
39 pursuant to section thirty-six hundred twenty-three-a of this chapter.
40 § 20. Section 2554 of the education law is amended by adding a new
41 subdivision 28 to read as follows:
42 28. To pass a resolution, in the discretion of the board of such
43 district, authorizing the entering of an agreement with the city within
44 such district, for the installation and use of school bus photo
45 violation monitoring systems pursuant to section eleven hundred seven-
46 ty-four-a of the vehicle and traffic law, provided that the purchase,
47 lease, installation, operation and maintenance, or any other costs asso-
48 ciated with such cameras shall not be considered an aidable expense
49 pursuant to section thirty-six hundred twenty-three-a of this chapter.
50 § 21. Section 2590-h of the education law is amended by adding a new
51 subdivision 39 to read as follows:
52 39. To enter an agreement, in his or her discretion, with the city of
53 New York for the installation and use of school bus photo violation
54 monitoring systems pursuant to section eleven hundred seventy-four-a of
55 the vehicle and traffic law, provided that the purchase, lease, instal-
56 lation, operation and maintenance, or any other costs associated with
S. 4524--B 52
1 such cameras shall not be considered an aidable expense pursuant to
2 section thirty-six hundred twenty-three-a of this chapter.
3 § 22. Operation of school bus photo violation monitoring systems with-
4 in a school district in accordance with section 1174-a of the vehicle
5 and traffic law. 1. The governing body of any county and the municipal
6 officers and boards in the several cities, towns and villages located
7 within a school district which have adopted local laws or ordinances
8 pursuant to section 1174-a of the vehicle and traffic law establishing a
9 demonstration program imposing monetary liability on the owner of a
10 vehicle for failure of an operator thereof to comply with section 1174
11 of the vehicle and traffic law when meeting a school bus marked and
12 equipped as provided in subdivisions 20 and 21-c of section 375 of the
13 vehicle and traffic law and operated in such county, city, town or
14 village, are each hereby authorized to enter into an agreement with the
15 applicable school district ("district") for the installation, mainte-
16 nance and use of school bus photo violation monitoring systems, for the
17 proper handling and custody of photographs, microphotographs, vide-
18 otapes, other recorded images and data produced by such systems, and for
19 the forwarding of such photographs, microphotographs, videotapes, other
20 recorded images and data to the applicable county, city, town or
21 village, subject to the provisions of this section and section 1174-a of
22 the vehicle and traffic law. Provided, however, that where a district
23 has entered an agreement as provided hereunder with a county, no cities,
24 towns or villages within the same county may enter into, or be a party
25 to, any agreement with such district pursuant to this section. Provided
26 further, however, that no county shall enter an agreement with any city
27 school district wholly contained within a city.
28 2. No agreement with the applicable school district shall take effect
29 until a county, city, town or village located within such district has
30 adopted a local law or ordinance as authorized by subdivision (a) of
31 section 1174-a of the vehicle and traffic law. Except as otherwise
32 provided herein, subsequent counties, cities, towns and villages within
33 such district may enter into the agreement with the district provided
34 that they have adopted a local law or ordinance as authorized by subdi-
35 vision (a) of section 1174-a of the vehicle and traffic law.
36 3. Nothing in this section or act shall be construed to prevent a
37 county, city, town, village or district at any time to withdraw from or
38 terminate an agreement for the installation, maintenance and use of
39 school bus photo violation monitoring systems within such county, city,
40 town or village. Provided, however, that a county, city, town, village,
41 or district shall provide no less than twenty days' notice to other
42 signatories of such agreements before withdrawing.
43 4. For purposes of this section, the term "county" shall have the same
44 meaning as such term is defined in section 3 of the county law except
45 that such term shall not include any county wholly contained within a
46 city, and the term "school bus photo violation monitoring system" shall
47 have the same meaning as such term is defined by subdivision (c) of
48 section 1174-a of the vehicle and traffic law.
49 § 23. For the purpose of informing and educating owners of motor vehi-
50 cles in this state, any county not wholly contained within a city, city,
51 town or village authorized to issue notices of liability pursuant to the
52 provisions of this act may, during the first thirty-day period in which
53 school bus photo violation monitoring systems are in operation pursuant
54 to the provisions of this act within such county, city, town or village,
55 issue a written warning in lieu of a notice of liability to all owners
56 of motor vehicles who would be held liable for failure of operators
S. 4524--B 53
1 thereof to comply with section 1174 of the vehicle and traffic law when
2 meeting a school bus marked and equipped as provided in subdivisions 20
3 and 21-c of section 375 of such law.
4 § 24. A county, city, town, or village which adopts a demonstration
5 program pursuant to subdivision (a) of section 1174-a of the vehicle and
6 traffic law shall annually provide a copy of the annual report that such
7 county, city, town, or village submits pursuant to subdivision (m) of
8 such section, to each local law enforcement agency having jurisdiction
9 to enforce violations of the vehicle and traffic law or any ordinance,
10 rule or regulation relating to traffic adopted pursuant to such law on
11 roadways within such county, city, town, or village.
12 § 25. This act shall take effect on the thirtieth day after it shall
13 have become a law and shall expire December 1, 2024 when upon such date
14 the provisions of this act shall be deemed repealed; provided that any
15 such local law as may be enacted pursuant to this act shall remain in
16 full force and effect only until December 1, 2024 and provided, further,
17 that:
18 (a) the amendments to subdivision 1 of section 235 of the vehicle and
19 traffic law made by section one of this act shall not affect the expira-
20 tion of such subdivision and shall be deemed to expire therewith, when
21 upon such date the provisions of section one-a of this act shall take
22 effect;
23 (b) the amendments to section 235 of the vehicle and traffic law made
24 by section one-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 one-b of this act shall take effect;
27 (c) the amendments to section 235 of the vehicle and traffic law made
28 by section one-b of this act shall not affect the expiration of such
29 section and shall be deemed to expire therewith, when upon such date the
30 provisions of section one-c of this act shall take effect;
31 (d) the amendments to section 235 of the vehicle and traffic law made
32 by section one-c of this act shall not affect the expiration of such
33 section and shall be deemed to expire therewith, when upon such date the
34 provisions of section one-d of this act shall take effect;
35 (e) the amendments to section 235 of the vehicle and traffic law made
36 by section one-d of this act shall not affect the expiration of such
37 section and shall be deemed to expire therewith, when upon such date the
38 provisions of section one-e of this act shall take effect;
39 (f) the amendments to section 235 of the vehicle and traffic law made
40 by section one-e of this act shall not affect the expiration of such
41 section and shall be deemed to expire therewith, when upon such date the
42 provisions of section one-f of this act shall take effect;
43 (g) the amendments to section 235 of the vehicle and traffic law made
44 by section one-f of this act shall not affect the expiration of such
45 section and shall be deemed to expire therewith, when upon such date the
46 provisions of section one-g of this act shall take effect;
47 (h) the amendments to subdivision 1 of section 236 of the vehicle and
48 traffic law made by section two of this act shall not affect the expira-
49 tion of such subdivision and shall be deemed to expire therewith, when
50 upon such date the provisions of section two-a of this act shall take
51 effect;
52 (i) the amendments to subdivision 1 of section 236 of the vehicle and
53 traffic law made by section two-a of this act shall not affect the expi-
54 ration of such subdivision and shall be deemed to expire therewith, when
55 upon such date the provisions of section two-b of this act shall take
56 effect;
S. 4524--B 54
1 (j) the amendments to subdivision 1 of section 236 of the vehicle and
2 traffic law made by section two-b of this act shall not affect the expi-
3 ration of such subdivision and shall be deemed to expire therewith, when
4 upon such date the provisions of section two-c of this act shall take
5 effect;
6 (k) the amendments to subdivision 1 of section 236 of the vehicle and
7 traffic law made by section two-c of this act shall not affect the expi-
8 ration of such subdivision and shall be deemed to expire therewith, when
9 upon such date the provisions of section two-d of this act shall take
10 effect;
11 (l) the amendments to subdivision 1 of section 236 of the vehicle and
12 traffic law made by section two-d of this act shall not affect the expi-
13 ration of such subdivision and shall be deemed to expire therewith, when
14 upon such date the provisions of section two-e of this act shall take
15 effect;
16 (m) the amendments to subdivision 1 of section 236 of the vehicle and
17 traffic law made by section two-e of this act shall not affect the expi-
18 ration of such subdivision and shall be deemed to expire therewith, when
19 upon such date the provisions of section two-f of this act shall take
20 effect;
21 (n) the amendments to paragraph f of subdivision 1 of section 239 of
22 the vehicle and traffic law made by section four of this act shall not
23 affect the expiration of such paragraph and shall be deemed to expire
24 therewith, when upon such date the provisions of section four-a of this
25 act shall take effect;
26 (o) the amendments to paragraph f of subdivision 1 of section 239 of
27 the vehicle and traffic law made by section four-a of this act shall not
28 affect the expiration of such paragraph and shall be deemed to expire
29 therewith, when upon such date the provisions of section four-b of this
30 act shall take effect;
31 (p) the amendments to paragraph f of subdivision 1 of section 239 of
32 the vehicle and traffic law made by section four-b of this act shall not
33 affect the expiration of such paragraph and shall be deemed to expire
34 therewith, when upon such date the provisions of section four-c of this
35 act shall take effect;
36 (q) the amendments to paragraph f of subdivision 1 of section 239 of
37 the vehicle and traffic law made by section four-c of this act shall not
38 affect the expiration of such paragraph and shall be deemed to expire
39 therewith, when upon such date the provisions of section four-d of this
40 act shall take effect;
41 (r) the amendments to paragraph f of subdivision 1 of section 239 of
42 the vehicle and traffic law made by section four-d of this act shall not
43 affect the expiration of such paragraph and shall be deemed to expire
44 therewith, when upon such date the provisions of section four-e of this
45 act shall take effect;
46 (s) the amendments to paragraph f of subdivision 1 of section 239 of
47 the vehicle and traffic law made by section four-e of this act shall not
48 affect the expiration of such paragraph and shall be deemed to expire
49 therewith, when upon such date the provisions of section four-f of this
50 act shall take effect;
51 (t) the amendments to subdivisions 1 and 1-a of section 240 of the
52 vehicle and traffic law made by section five of this act shall not
53 affect the expiration of such subdivisions and shall be deemed to expire
54 therewith, when upon such date the provisions of section five-a of this
55 act shall take effect;
S. 4524--B 55
1 (u) the amendments to subdivisions 1 and 1-a of section 240 of the
2 vehicle and traffic law made by section five-a of this act shall not
3 affect the expiration of such subdivisions and shall be deemed to expire
4 therewith, when upon such date the provisions of section five-b of this
5 act shall take effect;
6 (v) the amendments to subdivisions 1 and 1-a of section 240 of the
7 vehicle and traffic law made by section five-b of this act shall not
8 affect the expiration of such subdivisions and shall be deemed to expire
9 therewith, when upon such date the provisions of section five-c of this
10 act shall take effect;
11 (w) the amendments to subdivisions 1 and 1-a of section 240 of the
12 vehicle and traffic law made by section five-c of this act shall not
13 affect the expiration of such subdivisions and shall be deemed to expire
14 therewith, when upon such date the provisions of section five-d of this
15 act shall take effect;
16 (x) the amendments to subdivisions 1 and 1-a of section 240 of the
17 vehicle and traffic law made by section five-d of this act shall not
18 affect the expiration of such subdivisions and shall be deemed to expire
19 therewith, when upon such date the provisions of section five-e of this
20 act shall take effect;
21 (y) the amendments to subdivisions 1 and 1-a of section 240 of the
22 vehicle and traffic law made by section five-e of this act shall not
23 affect the expiration of such subdivisions and shall be deemed to expire
24 therewith, when upon such date the provisions of section five-f of this
25 act shall take effect;
26 (z) the amendments to paragraphs a and g of subdivision 2 of section
27 240 of the vehicle and traffic law made by section six of this act shall
28 not affect the expiration of such paragraphs and shall be deemed to
29 expire therewith, when upon such date the provisions of section six-a of
30 this act shall take effect;
31 (aa) the amendments to paragraphs a and g of subdivision 2 of section
32 240 of the vehicle and traffic law made by section six-a of this act
33 shall not affect the expiration of such paragraphs and shall be deemed
34 to expire therewith, when upon such date the provisions of section six-b
35 of this act shall take effect;
36 (bb) the amendments to paragraphs a and g of subdivision 2 of section
37 240 of the vehicle and traffic law made by section six-b of this act
38 shall not affect the expiration of such paragraphs and shall be deemed
39 to expire therewith, when upon such date the provisions of section six-c
40 of this act shall take effect;
41 (cc) the amendments to paragraphs a and g of subdivision 2 of section
42 240 of the vehicle and traffic law made by section six-c of this act
43 shall not affect the expiration of such paragraphs and shall be deemed
44 to expire therewith, when upon such date the provisions of section six-d
45 of this act shall take effect;
46 (dd) the amendments to paragraphs a and g of subdivision 2 of section
47 240 of the vehicle and traffic law made by section six-d of this act
48 shall not affect the expiration of such paragraphs and shall be deemed
49 to expire therewith, when upon such date the provisions of section six-e
50 of this act shall take effect;
51 (ee) the amendments to paragraphs a and g of subdivision 2 of section
52 240 of the vehicle and traffic law made by section six-e of this act
53 shall not affect the expiration of such paragraphs and shall be deemed
54 to expire therewith, when upon such date the provisions of section six-f
55 of this act shall take effect;
S. 4524--B 56
1 (ff) the amendments to subdivisions 1 and 2 of section 241 of the
2 vehicle and traffic law made by section seven of this act shall not
3 affect the expiration of such subdivisions and shall be deemed to expire
4 therewith, when upon such date the provisions of section seven-a of this
5 act shall take effect;
6 (gg) the amendments to subdivisions 1 and 2 of section 241 of the
7 vehicle and traffic law made by section seven-a of this act shall not
8 affect the expiration of such subdivisions and shall be deemed to expire
9 therewith, when upon such date the provisions of section seven-b of this
10 act shall take effect;
11 (hh) the amendments to subdivisions 1 and 2 of section 241 of the
12 vehicle and traffic law made by section seven-b of this act shall not
13 affect the expiration of such subdivisions and shall be deemed to expire
14 therewith, when upon such date the provisions of section seven-c of this
15 act shall take effect;
16 (ii) the amendments to subdivisions 1 and 2 of section 241 of the
17 vehicle and traffic law made by section seven-c of this act shall not
18 affect the expiration of such subdivisions and shall be deemed to expire
19 therewith, when upon such date the provisions of section seven-d of this
20 act shall take effect;
21 (jj) the amendments to subdivisions 1 and 2 of section 241 of the
22 vehicle and traffic law made by section seven-d of this act shall not
23 affect the expiration of such subdivisions and shall be deemed to expire
24 therewith, when upon such date the provisions of section seven-e of this
25 act shall take effect;
26 (kk) the amendments to subdivisions 1 and 2 of section 241 of the
27 vehicle and traffic law made by section seven-e of this act shall not
28 affect the expiration of such subdivisions and shall be deemed to expire
29 therewith, when upon such date the provisions of section seven-f of this
30 act shall take effect;
31 (ll) the amendments to subparagraph (i) of paragraph a of subdivision
32 5-a of section 401 of the vehicle and traffic law made by section eight
33 of this act shall not affect the expiration of such paragraph and shall
34 be deemed to expire therewith, when upon such date the provisions of
35 section eight-a of this act shall take effect;
36 (mm) the amendments to paragraph a of subdivision 5-a of section 401
37 of the vehicle and traffic law made by section eight-a of this act shall
38 not affect the expiration of such paragraph and shall be deemed to
39 expire therewith, when upon such date the provisions of section eight-b
40 of this act shall take effect;
41 (nn) the amendments to paragraph a of subdivision 5-a of section 401
42 of the vehicle and traffic law made by section eight-b of this act shall
43 not affect the expiration of such paragraph and shall be deemed to
44 expire therewith, when upon such date the provisions of section eight-c
45 of this act shall take effect;
46 (oo) the amendments to paragraph a of subdivision 5-a of section 401
47 of the vehicle and traffic law made by section eight-c of this act shall
48 not affect the expiration of such paragraph and shall be deemed to
49 expire therewith, when upon such date the provisions of section eight-d
50 of this act shall take effect;
51 (pp) the amendments to paragraph a of subdivision 5-a of section 401
52 of the vehicle and traffic law made by section eight-d of this act shall
53 not affect the expiration of such paragraph and shall be deemed to
54 expire therewith, when upon such date the provisions of section eight-e
55 of this act shall take effect;
S. 4524--B 57
1 (qq) the amendments to paragraph a of subdivision 5-a of section 401
2 of the vehicle and traffic law made by section eight-e of this act shall
3 not affect the expiration of such paragraph and shall be deemed to
4 expire therewith, when upon such date the provisions of section eight-f
5 of this act shall take effect;
6 (rr) the amendments to paragraph a of subdivision 5-a of section 401
7 of the vehicle and traffic law made by section eight-f of this act shall
8 not affect the expiration of such paragraph and shall be deemed to
9 expire therewith, when upon such date the provisions of section eight-g
10 of this act shall take effect;
11 (ss) the amendments to subdivision 1 of section 1809 of the vehicle
12 and traffic law made by section ten of this act shall not affect the
13 expiration of such subdivision and shall be deemed to expire therewith,
14 when upon such date the provisions of section ten-a of this act shall
15 take effect;
16 (tt) the amendments to subdivision 1 of section 1809 of the vehicle
17 and traffic law made by section ten-a of this act shall not affect the
18 expiration of such subdivision and shall be deemed to expire therewith,
19 when upon such date the provisions of section ten-b of this act shall
20 take effect;
21 (uu) the amendments to subdivision 1 of section 1809 of the vehicle
22 and traffic law made by section ten-b of this act shall not affect the
23 expiration of such subdivision and shall be deemed to expire therewith,
24 when upon such date the provisions of section ten-c of this act shall
25 take effect;
26 (vv) the amendments to subdivision 1 of section 1809 of the vehicle
27 and traffic law made by section ten-c of this act shall not affect the
28 expiration of such subdivision and shall be deemed to expire therewith,
29 when upon such date the provisions of section ten-d of this act shall
30 take effect;
31 (ww) the amendments to subdivision 1 of section 1809 of the vehicle
32 and traffic law made by section ten-d of this act shall not affect the
33 expiration of such subdivision and shall be deemed to expire therewith,
34 when upon such date the provisions of section ten-e of this act shall
35 take effect;
36 (xx) the amendments to subdivision 1 of section 1809 of the vehicle
37 and traffic law made by section ten-e of this act shall not affect the
38 expiration of such subdivision and shall be deemed to expire therewith,
39 when upon such date the provisions of section ten-f of this act shall
40 take effect;
41 (yy) the amendments to subdivision 1 of section 1809 of the vehicle
42 and traffic law made by section ten-f of this act shall not affect the
43 expiration of such subdivision and shall be deemed to expire therewith,
44 when upon such date the provisions of section ten-g of this act shall
45 take effect;
46 (zz) the amendments to paragraph a of subdivision 1 of section 1809-e
47 of the vehicle and traffic law made by section eleven of this act shall
48 not affect the expiration of such paragraph and shall be deemed to
49 expire therewith, when upon such date the provisions of section eleven-a
50 of this act shall take effect;
51 (aaa) the amendments to paragraph a of subdivision 1 of section 1809-e
52 of the vehicle and traffic law made by section eleven-a of this act
53 shall not affect the expiration of such paragraph and shall be deemed to
54 expire therewith, when upon such date the provisions of section eleven-b
55 of this act shall take effect;
S. 4524--B 58
1 (bbb) the amendments to paragraph a of subdivision 1 of section 1809-e
2 of the vehicle and traffic law made by section eleven-b of this act
3 shall not affect the expiration of such paragraph and shall be deemed to
4 expire therewith, when upon such date the provisions of section eleven-c
5 of this act shall take effect;
6 (ccc) the amendments to paragraph a of subdivision 1 of section 1809-e
7 of the vehicle and traffic law made by section eleven-c of this act
8 shall not affect the expiration of such paragraph and shall be deemed to
9 expire therewith, when upon such date the provisions of section eleven-d
10 of this act shall take effect;
11 (ddd) the amendments to paragraph a of subdivision 1 of section 1809-e
12 of the vehicle and traffic law made by section eleven-d of this act
13 shall not affect the expiration of such paragraph and shall be deemed to
14 expire therewith, when upon such date the provisions of section eleven-e
15 of this act shall take effect;
16 (eee) the amendments to paragraph a of subdivision 1 of section 1809-e
17 of the vehicle and traffic law made by section eleven-e of this act
18 shall not affect the expiration of such paragraph and shall be deemed to
19 expire therewith, when upon such date the provisions of section eleven-f
20 of this act shall take effect;
21 (fff) the amendments made to subdivision 1 of section 371 of the
22 general municipal law made by section thirteen of this act shall not
23 affect the expiration of such subdivision and shall be deemed to expire
24 therewith, when upon such date the provisions of section thirteen-a of
25 this act shall take effect;
26 (ggg) the amendments made to section 371 of the general municipal law
27 made by section thirteen-a of this act shall not affect the expiration
28 of such section and shall be deemed to expire therewith, when upon such
29 date the provisions of section thirteen-b of this act shall take effect;
30 (hhh) the amendments made to section 371 of the general municipal law
31 made by section thirteen-b of this act shall not affect the expiration
32 of such section and shall be deemed to expire therewith, when upon such
33 date the provisions of section thirteen-c of this act shall take effect;
34 (iii) the amendments made to section 371 of the general municipal law
35 made by section thirteen-c of this act shall not affect the expiration
36 of such section and shall be deemed to expire therewith, when upon such
37 date the provisions of section thirteen-d of this act shall take effect;
38 (jjj) the amendments made to section 371 of the general municipal law
39 made by section fourteen of this act shall not affect the expiration of
40 such section and shall be deemed to expire therewith, when upon such
41 date the provisions of section fourteen-a of this act shall take effect;
42 and
43 (kkk) the amendments made to section 2590-h of the education law made
44 by section twenty-one of this act shall not affect the expiration and
45 reversion of such section and shall expire therewith.