senate Bill S4459A

Establishes demonstration program implementing speed violation monitoring systems in school speed zones in school zones by means of photo devices in N.Y. city

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 03 / Apr / 2013
    • REFERRED TO TRANSPORTATION
  • 10 / Jun / 2013
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 10 / Jun / 2013
    • PRINT NUMBER 4459A
  • 21 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1641
  • 21 / Jun / 2013
    • SUBSTITUTED BY A4327A

Summary

Authorizes the city of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the speed limit in school speed zones of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, microphotographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; provides for the expiration of this demonstration program five years after the effective date.

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Bill Details

See Assembly Version of this Bill:
A4327A
Versions:
S4459
S4459A
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §87, Pub Off L
Versions Introduced in 2011-2012 Legislative Cycle:
A7737A, A7737A

Sponsor Memo

BILL NUMBER:S4459A

TITLE OF BILL: An act to amend the vehicle and traffic law and the
public officers law, in relation to establishing in a city with a
population of one million or more a demonstration program implementing
speed violation monitoring systems in school speed zones by means of
photo devices; and providing for the repeal of such provisions upon
expiration thereof

SUMMARY OF SPECIFIC PROVISIONS: The subject bill amends the Vehicle
and Traffic Law and the Public Officers Law to authorize the City of
New York to establish a demonstration program imposing liability on
the owners of motor vehicles found to be in violation of the maximum
school speed limit in the City through the use of a speed limit photo
device which combines speed sensing technology which determines the
speed of a vehicle and captures/records that data by photographic,
micro-graphic, video tape or other recording system and produces an
image of a motor vehicle at the moment that it exceeds the speed
limit. The City will be authorized to operate from twenty to forty
speed cameras at any one time during any year of the program. Such
speed limit photo devices may be stationary or mobile and shall be
activated at locations selected by such city.

JUSTIFICATION: Speeding motorists are a pervasive problem in some
areas of the City of New York. The New York City Police Department
issues more than 118,000 summonses each year for speeding violations.
These violations are often a significant factor in accidents which
result in death or injury to motorists and pedestrians. Children and
the elderly are often the victims. Under the present provisions of
law, a police officer must be present at the scene of a speeding
violation to observe the violation and serve the operator of the
vehicle with a summons. There are of course not a sufficient number of
police officers to observe every speeding violation. In fact, a
motorist can rely on the odds that a speeding violation will not be
detected.

The purpose of this legislation is to develop a system which will
supplement the police effort by using recent technology to record
speeding violations on film or other recording devices. The program
will operate in the same manner as the Red Light Camera Program which
has successfully reduced the incidence of red light violations in the
City, ultimately preventing accidents and saving lives.

Technology presently exists which will photographically capture
vehicles which exceed the maximum speed limit without the presence of
a police officer. This technology combines speed sensing technology
that determines the speed of a vehicle and captures/records that data
by photographic, micro-graphic, video tape or other recording system
and produces an image of a motor vehicle at the moment that it exceeds
the speed limit. This image can then be used as evidence in a
proceeding to impose liability on the owner of the vehicle for the
speeding violation. This technology is presently in use in Utah,
California, Arizona, and British Columbia, Canada. The equipment
consists of mobile units which can be moved from neighborhood to
neighborhood as the need arises.


The enactment of this legislation which is modeled after the enabling
legislation which authorized the Red Light Camera Program, will enable
the City to continue to explore the use of new technology as a means
of improving the quality of life in the City.

PRIOR LEGISLATIVE HISTORY: 2011-'12: A7737 -Referred to
Transportation! 2009-'10: A.7744 -referred to Transportation2007-'08:
A.7142-referred to Transportation; 2005-'06: A.5747-a - referred to
Transportation; 2003-'04: A.4111-a-referred to Transportation;
2001-'02: A.7355 - referred to Transportation.

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become a law and shall expire 5 years after such
effective date when upon such date the provisions of this act shall be
deemed repealed; and provided further that any rules necessary for the
implementation of this act on its effective date shall be promulgated
on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4459--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sens. KLEIN, DILAN, ESPAILLAT, PERALTA, SQUADRON -- 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

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to establishing in a city with a population of one million
  or more a demonstration program implementing speed violation  monitor-
  ing  systems  in  school  speed  zones  by means of photo devices; and
  providing for the repeal of such provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as amended by section 1 of part II of chapter 59  of  the  laws  of
2010, is amended to read as follows:
  1.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any  city  which
heretofore  or  hereafter  is  authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of  owners  for
violations  of  subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections  eleven  hundred  eleven-b  of  this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two  of  the  laws  of  two  thousand  nine, or to adjudicate the
liability of owners for violations of  toll  collection  regulations  as
defined in and in accordance with the provisions of section two thousand
nine  hundred  eighty-five  of  the  public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04605-06-3

S. 4459--A                          2

owners  in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as  defined  in  SUBDIVISION
(B),  (C), (D), (F) OR (G) OF such section, OR TO ADJUDICATE THE LIABIL-
ITY  OF  OWNERS  FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER, such tribunal and the  rules  and  regulations  pertaining  thereto
shall  be  constituted  in  substantial  conformance  with the following
sections.
  S 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
section  1-a of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters  twen-
ty,  twenty-one,  and twenty-two of the laws of two thousand nine, or to
adjudicate the liability of owners for  violations  of  toll  collection
regulations  as  defined  in  and  in  accordance with the provisions of
section two thousand nine hundred eighty-five of the public  authorities
law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
dicate  liability  of  owners  in accordance with section eleven hundred
eleven-c of this chapter for violations  of  bus  lane  restrictions  as
defined  in  such  section, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS  CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.
  S  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
section 1-b of part II of chapter 59 of the laws of 2010, is amended  to
read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the liability of owners for violations of subdivision (d) of
section eleven  hundred  eleven  of  this  chapter  in  accordance  with
sections  eleven  hundred  eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
violations of toll collection regulations as defined in and  in  accord-
ance  with  the  provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty,  or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for  violations  of  bus
lane  restrictions  as  defined  in  such  section, OR TO ADJUDICATE THE

S. 4459--A                          3

LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)  OR
(G)  OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal  and  the
rules  and  regulations  pertaining  thereto  shall  be  constituted  in
substantial conformance with the following sections.
  S 1-c. Section 235 of the vehicle  and  traffic  law,  as  amended  by
section  1-c of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is  authorized  to  establish  an
administrative  tribunal  to  hear  and  determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for  violations  of  toll  collection
regulations  as  defined  in  and  in  accordance with the provisions of
section two thousand nine hundred eighty-five of the public  authorities
law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
dicate  liability  of  owners  in accordance with section eleven hundred
eleven-c of this chapter for violations  of  bus  lane  restrictions  as
defined  in  such  section, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS  CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.
  S  1-d.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of part II of chapter 59 of the laws  of  2010,  is
amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of  this  chapter  or
subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine,  shall  adjudicate  the  liability  of
owners for violations of subdivision (d) of section eleven hundred elev-

S. 4459--A                          4

en  of  this  chapter  in  accordance  with  such section eleven hundred
eleven-a or such sections eleven hundred eleven-b as added  by  sections
sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
two  thousand  nine  and  shall  adjudicate  the liability of owners for
violations of toll collection regulations as defined in and  in  accord-
ance  with  the  provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty  and  shall  adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for  violations  of
bus  lane  restrictions  as defined in such section AND SHALL ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  CHAPTER  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER.  Such tribunal,
except in a city with a population of one million or  more,  shall  also
have  jurisdiction  of abandoned vehicle violations. For the purposes of
this article, a parking violation is the violation of any law,  rule  or
regulation providing for or regulating the parking, stopping or standing
of  a  vehicle. In addition for purposes of this article, "commissioner"
shall mean and include the commissioner of traffic of  the  city  or  an
official possessing authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended  by section 2-a of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine,  shall  adjudicate  the  liability  of
owners for violations of subdivision (d) of section eleven hundred elev-
en  of  this  chapter  in  accordance  with such sections eleven hundred
eleven-b as added by sections sixteen of  chapters  twenty,  twenty-one,
and  twenty-two  of  the laws of two thousand nine; and shall adjudicate
liability of owners in accordance with section eleven  hundred  eleven-c
of  this  chapter  for violations of bus lane restrictions as defined in
such section AND SHALL ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS  OF
SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER.
For  the  purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the  parking,
stopping  or  standing  of  a  vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as  such  a  commis-
sioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended  by section 2-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and shall adjudicate liability of owners in accordance
with  section  eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section; AND  SHALL  ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F)

S. 4459--A                          5

OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.  For the  purposes
of  this  article, a parking violation is the violation of any law, rule
or  regulation  providing  for  or  regulating  the parking, stopping or
standing of a  vehicle.  In  addition  for  purposes  of  this  article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation AND SHALL  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
VIOLATIONS  OF  SUBDIVISION  (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER.  For the purposes of this article,  a  parking
violation  is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle.  In  addi-
tion for purposes of this article, "commissioner" shall mean and include
the  commissioner  of  traffic  of  the  city  or an official possessing
authority as such a commissioner.
  S 3. Subdivision 12 of section 237 of the vehicle and traffic law,  as
added  by  section  3  of  part II of chapter 59 of the laws of 2010, is
amended and a new subdivision 13 is added to read as follows:
  12. To adjudicate liability of owners in accordance with section elev-
en  hundred  eleven-c  of  this  chapter  for  violations  of  bus  lane
restrictions as defined in such section[.];
  13.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER.
  S  3-a.  Subdivision 11 of section 237 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended and a new subdi-
vision 12 is added to read as follows:
  11. To adjudicate the liability  of  owners  for  violations  of  toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty[.];
  12.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER.
  S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of part II of  chapter  59  of  the
laws of 2010, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven  of  this  article,
but shall not be deemed to include a notice of liability issued pursuant
to  authorization  set  forth in section eleven hundred eleven-a of this
chapter or sections eleven hundred eleven-b of this chapter as added  by
sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, and shall not be deemed to include  a  notice
of liability issued pursuant to section two thousand nine hundred eight-
y-five  of  the public authorities law and sections sixteen-a, sixteen-b

S. 4459--A                          6

and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
teen hundred fifty and shall not  be  deemed  to  include  a  notice  of
liability  issued  pursuant  to  section eleven hundred eleven-c of this
chapter  AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law,  as amended by section 4-a of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article but
shall  not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections  eleven  hundred  eleven-b  of  this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two  of  the laws of two thousand nine and shall not be deemed to
include a notice of liability issued pursuant to section eleven  hundred
eleven-c  of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN  HUNDRED  EIGHTY-B  OF  THIS
CHAPTER.
  S  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of part II of chapter 59  of  the
laws of 2010, is amended to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant  to
section  eleven hundred eleven-c of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended  to
read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT  TO
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  5.  Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO DETERMINATIONS OF OWNER LIABILITY FOR THE
FAILURE OF AN OPERATOR TO COMPLY WITH SUBDIVISION (B), (C), (D), (F)  OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 5-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
OF THIS CHAPTER.

S. 4459--A                          7

  S  6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of part II of chapter 59  of  the  laws  of
2010, are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in  accordance  with  section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as  added  by  sections
sixteen  of  chapters twenty, twenty-one, and [twenty two] TWENTY-TWO of
the laws of two thousand nine, for a violation  of  subdivision  (d)  of
section  eleven hundred eleven of this chapter contests such allegation,
or a person alleged to be liable in accordance with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, or a person
alleged to be liable in accordance with the provisions of section eleven
hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
restriction  as  defined  in such section contests such allegation, OR A
PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER  CONTESTS  SUCH  ALLEGATION,  the  bureau  shall  advise such person
personally by such form of first class mail as the director  may  direct
of  the  date  on  which he or she must appear to answer the charge at a
hearing. The form and  content  of  such  notice  of  hearing  shall  be
prescribed  by  the  director, and shall contain a warning to advise the
person so pleading or contesting that failure  to  appear  on  the  date
designated,  or  on  any  subsequent  adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as  added  by  sections
sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
two thousand nine or an  allegation  of  liability  in  accordance  with
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred seventy-four of the laws of nineteen hundred fifty or an allega-
tion  of liability in accordance with section eleven hundred eleven-c of
this chapter OR AN ALLEGATION OF LIABILITY IN  ACCORDANCE  WITH  SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, is being contested, by a person
in a timely fashion and a hearing upon the merits has been demanded, but
has  not yet been held, the bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
  S 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law, as amended by section 5-a of part II of chapter 59 of the laws
of 2010, are amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this  chapter  as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of  the  laws of two thousand nine for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, or a person alleged to be
liable in accordance with  the  provisions  of  section  eleven  hundred
eleven-c  of  this  chapter for a violation of a bus lane restriction as
defined in such section contests such allegation, OR A PERSON ALLEGED TO

S. 4459--A                          8

BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF  SECTION  ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER  CONTESTS
SUCH  ALLEGATION, the bureau shall advise such person personally by such
form of first class mail as the director may direct of the date on which
he or she must appear to answer the charge at a hearing.  The  form  and
content  of  such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading or contest-
ing that failure to appear on the date designated, or on any  subsequent
adjourned  date,  shall  be deemed an admission of liability, and that a
default judgment may be entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine,  or  an  allegation  of  liability  in
accordance  with  section  eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER is being contested, by a person in a timely  fashion
and  a  hearing  upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty  to  that
person prior to the date of the hearing.
  S  6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-b of part II of chapter 59 of the  laws
of 2010, are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty or a person alleged to  be  liable
in  accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, contests such allegation, OR A PERSON ALLEGED TO BE LIABLE
IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director may direct of the date on which he or she
must appear to answer the charge at a hearing. The form and  content  of
such  notice  of  hearing shall be prescribed by the director, and shall
contain a warning to advise the  person  so  pleading  that  failure  to
appear  on  the  date  designated,  or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a  default  judgment
may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER is being contested, by a person in a timely  fashion
and  a  hearing  upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty  to  that
person prior to the date of the hearing.
  S  6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of  1972  and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF

S. 4459--A                          9

THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director may direct of the date on which he OR SHE
must appear to answer the charge at a hearing. The form and  content  of
such  notice  of  hearing shall be prescribed by the director, and shall
contain a warning to advise the  person  so  pleading  that  failure  to
appear  on  the  date  designated,  or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a  default  judgment
may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,  IS
BEING  CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held,  the  bureau  shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of part II of chapter 59 of the
laws of 2010, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections  eleven  hundred
eleven-b  of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  an
allegation  of  liability  in  accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter OR AN  ALLEGA-
TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-a  of  this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters  twen-
ty,  twenty-one,  and  twenty-two  of  the  laws of two thousand nine is
contested or of a hearing at which liability in accordance with  section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of the laws of nineteen hundred fifty is contested or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-c  of  this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER  is  contested.
Recording devices may be used for the making of the record.
  S 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and traffic law, as amended by section 6-a of part II of chapter 59
of the laws of 2010, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  an
allegation  of  liability  in  accordance  with  section  eleven hundred
eleven-c of this chapter OR AN ALLEGATION  OF  LIABILITY  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF THIS CHAPTER, shall be held

S. 4459--A                         10

before a hearing examiner  in  accordance  with  rules  and  regulations
promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing  at  which  liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or of  a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
  S 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-b of part II of chapter  59
of the laws of 2010, are amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-c of this chapter OR AN ALLEGATION  OF  LIABILITY  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS CHAPTER shall be held
before a hearing examiner  in  accordance  with  rules  and  regulations
promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing  at  which  liability  in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
  S 7-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws  of  1972,  are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER shall be held  before  a  hearing  examiner  in
accordance with rules and regulations promulgated by the bureau.
  g.  A  record  shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 8. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
law,  as  amended  by  section 7 of part II of chapter 59 of the laws of
2010, are amended to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine  either
the  prior  parking  violations  record  or  the  record  of liabilities
incurred in accordance with section  eleven  hundred  eleven-a  of  this
chapter  or  in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or the record of liabilities
incurred in accordance with section two thousand  nine  hundred  eighty-
five  of the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty  of  the  person  charged,  or  the record of liabilities
incurred in accordance with section  eleven  hundred  eleven-c  of  this
chapter,  OR  THE  RECORD  OF  LIABILITIES  INCURRED  IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as applicable prior  to
rendering  a  final  determination.   Final determinations sustaining or
dismissing charges shall be entered on a final determination roll  main-

S. 4459--A                         11

tained  by  the bureau together with records showing payment and nonpay-
ment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred eleven-a of this chapter or in accordance
with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of  the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR FAILS TO  CONTEST  AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF  THIS CHAPTER or fails to appear on a designated hearing date or
subsequent adjourned date or fails after a hearing to  comply  with  the
determination of a hearing examiner, as prescribed by this article or by
rule  or  regulation  of  the  bureau, such failure to plead or contest,
appear or comply shall be deemed, for  all  purposes,  an  admission  of
liability  and  shall  be  grounds  for rendering and entering a default
judgment in an amount provided by  the  rules  and  regulations  of  the
bureau.  However,  after  the expiration of the original date prescribed
for entering a plea and before a default judgment may  be  rendered,  in
such  case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail  as  the
commission  may  direct;  (1)  of the violation charged, or liability in
accordance with section eleven hundred eleven-a of this  chapter  or  in
accordance  with  sections  eleven  hundred  eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine alleged or liability in accordance with
section two thousand nine hundred eighty-five of the public  authorities
law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred  fifty  alleged  or
liability  in  accordance  with  section eleven hundred eleven-c of this
chapter OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such  judgment  will  be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or
any other place provided for the entry of  civil  judgments  within  the
state  of  New York, and (4) that a default may be avoided by entering a
plea or contesting an allegation of liability in accordance with section
eleven hundred eleven-a of this chapter or in accordance  with  sections
eleven  hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
nine or contesting an allegation of liability in accordance with section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
allegation of  liability  in  accordance  with  section  eleven  hundred
eleven-c  of  this  chapter  OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B  OF  THIS  CHAPTER,  as
appropriate,  or  making an appearance within thirty days of the sending
of such notice. Pleas entered  and  allegations  contested  within  that
period  shall  be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default  judgment
shall  not  be  required prior to the rendering and entry thereof in the

S. 4459--A                         12

case of operators or owners who are non-residents of the  state  of  New
York.  In  no  case  shall  a  default  judgment  be  rendered or, where
required, a notice of impending default judgment be sent, more than  two
years after the expiration of the time prescribed for entering a plea or
contesting  an allegation. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of  the
hearing.  If  the  hearing  examiner  shall  make a determination on the
charges, sustaining them, he or she shall impose no greater  penalty  or
fine than those upon which the person was originally charged.
  S  8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-a of part II of chapter 59 of the  laws  of
2010, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine of the  person  charged,  or
the  record  of  liabilities  incurred in accordance with section eleven
hundred eleven-c of this chapter, OR THE RECORD OF LIABILITIES  INCURRED
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as
applicable prior to rendering  a  final  determination.  Final  determi-
nations  sustaining  or  dismissing  charges shall be entered on a final
determination roll maintained by the bureau together with records  show-
ing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
laws of two thousand nine or fails to contest an allegation of liability
in  accordance  with section eleven hundred eleven-c of this chapter, OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE  WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or fails to appear on a
designated  hearing  date  or subsequent adjourned date or fails after a
hearing to comply with the  determination  of  a  hearing  examiner,  as
prescribed  by this article or by rule or regulation of the bureau, such
failure to plead, contest, appear or comply shall  be  deemed,  for  all
purposes,  an  admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the  rules  and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered,  in  such  case  the  bureau  shall pursuant to the applicable
provisions of law notify such operator or owner, by such form  of  first
class  mail  as the commission may direct; (1) of the violation charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of  chapters  twenty,  twenty-one,
and twenty-two of the laws of two thousand nine, or liability in accord-
ance  with  section eleven hundred eleven-c of this chapter OR LIABILITY
IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS  CHAPTER
alleged,  (2)  of the impending default judgment, (3) that such judgment
will be entered in the Civil Court of the city in which the  bureau  has
been  established,  or  other  court  of civil jurisdiction or any other
place provided for the entry of civil judgments within the state of  New
York,  and  (4)  that  a  default  may  be avoided by entering a plea or
contesting an allegation of liability in accordance with sections eleven

S. 4459--A                         13

hundred eleven-b of this chapter as added by sections sixteen  of  chap-
ters  twenty,  twenty-one,  and  twenty-two  of the laws of two thousand
nine, or contesting  an  allegation  of  liability  in  accordance  with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER as appropriate, or making an appearance within thirty  days
of  the sending of such notice.  Pleas entered and allegations contested
within that period shall be in the manner prescribed in the  notice  and
not  subject  to  additional  penalty  or  fee. Such notice of impending
default judgment shall not be required prior to the rendering and  entry
thereof  in the case of operators or owners who are non-residents of the
state of New York. In no case shall a default judgment be  rendered  or,
where  required,  a  notice  of impending default judgment be sent, more
than two years after the expiration of the time prescribed for  entering
a  plea  or contesting an allegation. When a person has demanded a hear-
ing, no fine or penalty shall be imposed for any reason,  prior  to  the
holding  of  the  hearing. If the hearing examiner shall make a determi-
nation on the charges, sustaining them, he or she shall impose no great-
er penalty or fine than those  upon  which  the  person  was  originally
charged.
  S  8-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-b of part II of chapter 59 of the  laws  of
2010, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that  the  charges  have been sustained he or she may examine the
prior parking violations record of the person charged, or the record  of
liabilities  incurred in accordance with section eleven hundred eleven-c
of this chapter, OR THE RECORD OF  LIABILITIES  INCURRED  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER, as applicable,
prior to rendering a final determination. Final determinations  sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained  by  the  bureau  together  with  records showing payment and
nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation,  or  fails  to contest an allegation of liability in
accordance with section eleven hundred  eleven-c  of  this  chapter,  OR
FAILS  TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or fails to appear on a
designated hearing date or subsequent adjourned date or  fails  after  a
hearing  to  comply  with  the  determination  of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau,  such
failure to plead, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default  judgment  in an amount provided by the rules and regulations of
the  bureau.  However,  after  the  expiration  of  the  original   date
prescribed  for  entering  a  plea  and before a default judgment may be
rendered, in such case the  bureau  shall  pursuant  to  the  applicable
provisions  of  law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
alleged liability in accordance with section eleven hundred eleven-c  of
this  chapter  OR  ALLEGED  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER, (2) of the impending default judgment,
(3) that such judgment will be entered in the Civil Court of the city in
which the bureau has been established, or other court of civil jurisdic-
tion or any other place provided for the entry of civil judgments within

S. 4459--A                         14

the state of New York, and (4) that a default may be avoided by entering
a plea or contesting an  allegation  of  liability  in  accordance  with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION  OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER or making an appearance within thirty days of  the  sending
of such notice.  Pleas entered within that period shall be in the manner
prescribed  in  the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or  owners  who
are  non-residents  of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of  impending  default
judgment  be  sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
the hearing. If the hearing examiner shall make a determination  on  the
charges,  sustaining  them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
  S 8-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained  he  may  examine  the  prior
parking  violations  record  of  the  person  charged,  OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF  THIS  CHAPTER,  AS  APPLICABLE,  prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges  shall  be
entered  on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  FAILS  TO  CONTEST  AN  ALLEGATION  OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS
CHAPTER  or  fails  to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, appear or comply  shall  be
deemed, for all purposes, an admission of liability and shall be grounds
for  rendering  and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after  the  expiration
of the original date prescribed for entering a plea and before a default
judgment  may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of  the  violation
charged  OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the  city  in  which
the bureau has been established, or other court of civil jurisdiction or
any  other  place  provided  for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by  entering  a
plea OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER or making an appearance within
thirty days of the sending of such notice.  Pleas  entered  within  that
period  shall  be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default  judgment
shall  not  be  required prior to the rendering and entry thereof in the

S. 4459--A                         15

case of operators or owners who are non-residents of the  state  of  New
York.  In  no  case  shall  a  default  judgment  be  rendered or, where
required, a notice of impending default judgment be sent, more than  two
years  after  the expiration of the time prescribed for entering a plea.
When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
imposed  for  any  reason,  prior  to the holding of the hearing. If the
hearing examiner shall make a determination on the  charges,  sustaining
them,  he  shall impose no greater penalty or fine than those upon which
the person was originally charged.
  S 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 1 of  part  SS  of
chapter 57 of the laws of 2010, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that:  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority;  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant  was  liable  in  accordance  with  section  eleven
hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
restriction as defined in such  section,  OR  (IV)  THE  REGISTRANT  WAS
LIABLE  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER, the commissioner or his or her agent shall deny
the registration or renewal application  until  the  applicant  provides
proof  from the court, traffic and parking violations agency or adminis-
trative tribunal wherein the charges are pending that an  appearance  or
answer  has  been made or in the case of an administrative tribunal that
he or she has complied with the rules and regulations of  said  tribunal
following  entry  of  a  final  decision. Where an application is denied
pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
discretion,  deny  a  registration  or  renewal application to any other
person for the same vehicle and  may  deny  a  registration  or  renewal
application  for  any  other motor vehicle registered in the name of the
applicant where the commissioner has determined that  such  registrant's
intent  has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this  subdivi-
sion.  Such  denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of  an  administrative  tribunal,  the
registrant  fails  to  comply  with  the rules and regulations following
entry of a final decision.

S. 4459--A                         16

  S 9-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic  law, as amended by section 8-a of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by  a  local  authority;  or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b  of  this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of  a  bus  lane  restriction  as  defined  in  such
section;  OR  (IV)  THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION  OF  SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative  tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative  tribu-
nal  that  he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where  an  application  is
denied  pursuant  to  this  section, the commissioner may, in his or her
discretion, deny a registration or  renewal  application  to  any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  9-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of part II of chapter  59  of
the laws of 2010, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there  is  a  certification  from  a court or administrative tribunal of
appropriate jurisdiction that the registrant or  his  or  her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period,  charging  that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle  for
hire  by  the  appropriate  local  authority, in violation of any of the

S. 4459--A                         17

provisions of this chapter or of any law, ordinance, rule or  regulation
made  by  a  local  authority or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a bus lane restriction as defined in such section, OR THE REGISTRANT WAS
LIABLE  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF  SECTION
ELEVEN  HUNDRED  EIGHTY  OF THIS CHAPTER, the commissioner or his or her
agent shall deny the  registration  or  renewal  application  until  the
applicant provides proof from the court or administrative tribunal wher-
ein  the  charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he or she has complied
with the rules and regulations of said tribunal  following  entry  of  a
final decision. Where an application is denied pursuant to this section,
the  commissioner  may, in his or her discretion, deny a registration or
renewal application to any other person for the  same  vehicle  and  may
deny  a  registration or renewal application for any other motor vehicle
registered in the name of  the  applicant  where  the  commissioner  has
determined  that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration  or  renewal  will  have  the  effect  of
defeating  the  purposes  of  this  subdivision.  Such denial shall only
remain in effect as long as the summonses remain unanswered, or  in  the
case  of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
  S 9-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic  law,  as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant  or  his representative
failed to appear on the return date or any subsequent adjourned date  or
failed  to  comply  with  the rules and regulations of an administrative
tribunal following entry of a final decision in  response  to  three  or
more summonses or other process, issued within an eighteen month period,
charging  that  such  motor  vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant  or  his
agent  without  being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the  provisions  of  this
chapter  or  of  any  law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF  SUBDIVISION  (B),
(C),  (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the commissioner or his agent shall deny  the  registration  or  renewal
application  until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative  tribunal  that
he  has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is  denied  pursuant
to  this section, the commissioner may, in his discretion, deny a regis-
tration or renewal application to any other person for the same  vehicle
and  may  deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where  the  commissioner
has  determined  that  such  registrant's  intent  has been to evade the
purposes of this subdivision and where the commissioner  has  reasonable
grounds  to  believe  that  such  registration  or renewal will have the
effect of defeating the purposes of this subdivision. Such denial  shall

S. 4459--A                         18

only  remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails  to  comply
with the rules and regulations following entry of a final decision.
  S  10.  The vehicle and traffic law is amended by adding a new section
1180-b to read as follows:
  S 1180-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
CERTAIN  POSTED  MAXIMUM  SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO ESTABLISH
A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE  OWNER  OF  A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED  LIMITS  IN  A SCHOOL SPEED ZONE WITHIN THE CITY (I) WHEN A SCHOOL
SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDI-
VISION (C) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE OR (II) WHEN
OTHER SPEED LIMITS ARE IN EFFECT AS PROVIDED IN  SUBDIVISION  (B),  (D),
(F)  OR  (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE
FOLLOWING TIMES: (A) ON SCHOOL DAYS DURING SCHOOL  HOURS  AND  ONE  HOUR
BEFORE  AND  ONE  HOUR  AFTER  THE  SCHOOL  DAY, AND (B) A PERIOD DURING
STUDENT ACTIVITIES AT THE SCHOOL AND UP TO  THIRTY  MINUTES  IMMEDIATELY
BEFORE  AND  UP  TO THIRTY MINUTES IMMEDIATELY AFTER SUCH STUDENT ACTIV-
ITIES. SUCH DEMONSTRATION PROGRAM SHALL  EMPOWER  THE  CITY  TO  INSTALL
PHOTO  SPEED  VIOLATION  MONITORING  SYSTEMS  WITHIN NO MORE THAN TWENTY
SCHOOL SPEED ZONES WITHIN THE CITY AT ANY ONE TIME AND TO  OPERATE  SUCH
SYSTEMS  WITHIN  SUCH ZONES (III) WHEN A SCHOOL SPEED LIMIT IS IN EFFECT
AS PROVIDED IN PARAGRAPHS ONE AND TWO  OF  SUBDIVISION  (C)  OF  SECTION
ELEVEN  HUNDRED  EIGHTY  OF THIS ARTICLE OR (IV) WHEN OTHER SPEED LIMITS
ARE IN EFFECT AS PROVIDED IN SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE DURING THE FOLLOWING TIMES: (A) ON
SCHOOL DAYS DURING SCHOOL HOURS AND ONE HOUR BEFORE AND ONE  HOUR  AFTER
THE SCHOOL DAY, AND (B) A PERIOD DURING STUDENT ACTIVITIES AT THE SCHOOL
AND  UP  TO  THIRTY  MINUTES IMMEDIATELY BEFORE AND UP TO THIRTY MINUTES
IMMEDIATELY AFTER SUCH STUDENT ACTIVITIES. IN SELECTING A  SCHOOL  SPEED
ZONE  IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED VIOLATION MONITORING
SYSTEM, THE CITY SHALL CONSIDER CRITERIA INCLUDING, BUT NOT  LIMITED  TO
THE  SPEED  DATA,  CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO
SUCH SCHOOL SPEED ZONE.
  2. NO PHOTO SPEED VIOLATION MONITORING  SYSTEM  SHALL  BE  USED  IN  A
SCHOOL SPEED ZONE UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS SUCCESS-
FULLY  PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDERGONE AN
ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH  FOUR  OF  THIS
SUBDIVISION. THE CITY MAY INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED
VIOLATION  MONITORING  SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE WARNING
SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF SUCH  UPCOMING  SCHOOL  SPEED
ZONE  AND/OR  ON  SPEED  LIMIT SIGNS APPLICABLE WITHIN SUCH SCHOOL SPEED
ZONE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD.
  3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING  SYSTEMS  SHALL  HAVE
COMPLETED  TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN  A  DAILY
SET-UP  LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM  WAS  SET  UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE  SYSTEM  PASSED,  THE  SELF-TESTS  OF SUCH SYSTEM BEFORE PRODUCING A
RECORDED IMAGE THAT DAY. THE CITY SHALL RETAIN EACH SUCH DAILY LOG UNTIL
THE LATER OF THE DATE ON WHICH  THE  PHOTO  SPEED  VIOLATION  MONITORING
SYSTEM  TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR THE
FINAL RESOLUTION OF ALL CASES  INVOLVING  NOTICES  OF  LIABILITY  ISSUED

S. 4459--A                         19

BASED  ON  PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES
PRODUCED BY SUCH SYSTEM.
  4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL  CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION.  THE  CITY  SHALL
KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
RESOLUTION  OF  ALL  CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE
OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
  5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO  ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO  SPEED
VIOLATION  MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH,  MICROPHOTOGRAPH,  VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS,  OR  THE  CONTENTS  OF VEHICLES WHERE THE CITY SHOWS THAT IT
MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS  PARAGRAPH
IN SUCH CASE.
  (II)  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL  BE  FOR  THE
EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
OF  LIABILITY  PURSUANT  TO  THIS SECTION, AND SHALL BE DESTROYED BY THE
CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH  SUCH
PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE  OF  SUCH  NOTICE  OF
LIABILITY,  WHICHEVER  IS  LATER.  NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS,  MICROPHOTO-
GRAPHS,  VIDEOTAPE  OR  ANY  OTHER  RECORDED  IMAGE  FROM  A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR  USED  BY  ANY  COURT  OR
ADMINISTRATIVE  OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR  THE  ADJUDICATION  OF  A  NOTICE  OF
LIABILITY  ISSUED  PURSUANT  TO  THIS  SECTION,  AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT  THEREOF  SHALL  DISCLOSE  SUCH  INFORMATION,
EXCEPT  THAT  SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
  (A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS,  MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
  (B)  (1)  SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE  LAW  OR  A  FEDERAL  COURT
AUTHORIZED  TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE  CAUSE  TO  BELIEVE  SUCH
INFORMATION  CONSTITUTES  EVIDENCE  OF,  OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN  THIS  STATE  OR  ANOTHER
STATE,  OR  THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE,  PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT  SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE

S. 4459--A                         20

WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A  MISDEMEANOR  OR  FELONY
AGAINST THE LAWS OF THIS STATE; AND
  (2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A  JUDGE  OF  COMPETENT  JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF  A
FEDERAL  COURT  AUTHORIZED  TO  ISSUE  SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY  AN  AUTHORIZED
LAW  ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT  IF  SUCH
OFFENSE  WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT  COMPRISING  SUCH  OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
  (3)  MAY,  IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH  CRIMINAL
ACTION OR PROCEEDING.
  (B) IF THE CITY OF NEW YORK ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION  (C)  OR
DURING  THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
IN VIOLATION OF SUBDIVISION (B), (D),  (F)  OR  (G)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
MORE  THAN  TEN  MILES  PER  HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION WHERE THE OPERATOR OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "MANUAL  ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM  OF  TRAFFIC  CONTROL
DEVICES  MAINTAINED  BY  THE  COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
  2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE  TWO-B  OF  THIS
CHAPTER.
  3.  "PHOTO  SPEED  VIOLATION  MONITORING  SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A  SPEED  MEASURING  DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME  IT  IS  USED  OR  OPERATED  IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN  HUNDRED  EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
  4.  "SCHOOL  SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON  INSPECTION  OF
PHOTOGRAPHS,   MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED  IMAGES
PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM,  SHALL  BE  PRIMA
FACIE  EVIDENCE  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-

S. 4459--A                         21

PHOTOGRAPHS, VIDEOTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING  SUCH  A
VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
REAR  OF  THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR
THE  MOTOR  VEHICLE  AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE  LIABILITY  FOR  SUCH
VIOLATION PURSUANT TO THIS SECTION.
  (E)  AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE  PURSUANT  TO  A
DEMONSTRATION  PROGRAM  ESTABLISHED  PURSUANT  TO  THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
OF NEW YORK. THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL
NOT  EXCEED  FIFTY  DOLLARS  FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
SUCH PARKING VIOLATIONS BUREAU MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT
IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE  FAILURE  TO
RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (F)  AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION  AS  AN
OPERATOR  AND  SHALL  NOT  BE  MADE  PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR  SHALL  IT  BE  USED  FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, WITHIN  FOURTEEN  BUSINESS  DAYS  IF  SUCH
OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
SUCH  OWNER  IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
  2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, THE REGISTRATION  NUMBER  OF  THE  VEHICLE
INVOLVED  IN  SUCH  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH  RECORDED  THE  VIOLATION  OR  OTHER  DOCUMENT  LOCATOR
NUMBER,  AT  LEAST  TWO  DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY  OBJECT  NEAR  THE  MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE.   SUCH NOTICE  OF  LIABILITY  SHALL
ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAIL-
URE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMIS-
SION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
NEW  YORK,  OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND
MAIL SUCH NOTICE OF LIABILITY.
  (H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS  SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
  (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS  REPORTED  TO  THE  POLICE  DEPARTMENT  AS
HAVING  BEEN  STOLEN,  IT  SHALL  BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF

S. 4459--A                         22

SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD  BEEN
REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO  THE TIME THE VIOLATION
OCCURRED  AND  HAD  NOT  BEEN  RECOVERED  BY  SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL  BE  SUFFI-
CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE NEW YORK CITY PARKING VIOLATIONS BUREAU,  OR  BY  ANY  OTHER  ENTITY
AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
  (J)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
  (K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
LIABILITY  WAS  ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED  EIGHTY  OF  THIS  ARTICLE  PURSUANT  TO  THIS
SECTION, PROVIDED THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A)  OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH  (A)  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION NINE OF THIS SECTION.
  (L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C)  OR  (D)
OF  SECTION  ELEVEN  HUNDRED  EIGHTY  OF  THIS  ARTICLE PURSUANT TO THIS
SECTION WAS NOT  THE  OPERATOR  OF  THE  VEHICLE  AT  THE  TIME  OF  THE
VIOLATION,  THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF  A
VEHICLE  SHALL  BE  SUBJECT  TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME  SUCH  OPERATOR  OPERATED  SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT  THE  TIME  OF  SUCH
OPERATOR  OPERATED  SUCH  VEHICLE  IN VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  (N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
ONE OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON  THE

S. 4459--A                         23

RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT  OF  THE SENATE AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL
INCLUDE:
  1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER,  TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED  WITHIN  ALL  SCHOOL  SPEED  ZONES
WITHIN  THE  CITY,  TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
  3. THE AGGREGATE NUMBER, TYPE AND  SEVERITY  OF  CRASHES,  FATALITIES,
INJURIES  AND  PROPERTY  DAMAGE REPORTED WITHIN SCHOOL SPEED ZONES WHERE
PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO  THE  EXTENT  THE
INFORMATION  IS  MAINTAINED  BY THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
  4. THE NUMBER OF VIOLATIONS RECORDED WITHIN  ALL  SCHOOL  SPEED  ZONES
WITHIN THE CITY, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN  THE  AGGRE-
GATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  6.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN ALL SCHOOL SPEED ZONES
WITHIN THE CITY THAT WERE:
  (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
POSTED SPEED LIMIT;
  (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
  (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
  7.  THE  NUMBER  OF  VIOLATIONS RECORDED WITHIN EACH SCHOOL SPEED ZONE
WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
  (I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES  PER  HOUR  OVER  THE
POSTED SPEED LIMIT;
  (II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
  (III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
  (IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
  8.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  11. THE TOTAL AMOUNT OF REVENUE REALIZED BY  THE  CITY  IN  CONNECTION
WITH THE PROGRAM;
  12.  THE EXPENSES INCURRED BY THE CITY IN CONNECTION WITH THE PROGRAM;
AND
  13. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION  ELEVEN  HUNDRED  EIGHTY  OF
THIS  ARTICLE  PURSUANT  TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
MONITORING  SYSTEM  WAS  MALFUNCTIONING  AT  THE  TIME  OF  THE  ALLEGED
VIOLATION.
  S  11.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of

S. 4459--A                         24

part II of chapter 59 of the laws  of  2010,  are  amended  to  read  as
follows:
  Whenever  proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense  under  this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, or other than an adjudication of liability  of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of  this  chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a  bus  lane  restriction  as  defined in such section, OR OTHER THAN AN
ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER,
there shall be levied a crime victim  assistance  fee  and  a  mandatory
surcharge,  in addition to any sentence required or permitted by law, in
accordance with the following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven  hundred  eleven-c  of
this  chapter  for  a  violation of a bus lane restriction as defined in
such section, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee in the amount of five dollars and  a  mandatory  surcharge,  in
addition  to any sentence required or permitted by law, in the amount of
fifty-five dollars.
  S 11-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as amended by section 10-a of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic

S. 4459--A                         25

infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
accordance  with  section  eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
VISION  (B),  (C),  (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS
CHAPTER, there shall be levied a mandatory surcharge, in addition to any
sentence  required  or  permitted  by  law, in the amount of twenty-five
dollars.
  S 11-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as amended by section 10-b of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
VISION  (B),  (C),  (D),  (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS
CHAPTER, there shall be levied a mandatory surcharge, in addition to any
sentence  required  or  permitted  by  law,  in  the amount of seventeen
dollars.
  S 11-c. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
of the laws of 1989, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this  state  result  in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN  AN  ADJUDICATION
OF  LIABILITY  OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER  IN  ACCORD-
ANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall
be levied a mandatory surcharge, in addition to any sentence required or
permitted by law, in the amount of seventeen dollars.
  S 12. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
and  traffic  law,  as amended by section 11 of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a

S. 4459--A                         26

violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of  subdivision  (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b  of  this  chapter,  and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c of this chapter of a violation of a  bus  lane  restriction  as
defined  in  such section, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION  (B),  (C),  (D),  (F)  OR  (G)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER, and except an adjudication of
liability of an owner for a violation  of  toll  collection  regulations
pursuant  to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to  any  sentence,  penalty  or  other
surcharge required or permitted by law, an additional surcharge of twen-
ty dollars.
  S  12-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 3 of part C of chapter 55 of  the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, and except an adjudication of liability of an owner for a violation
of  subdivision  (d) of section eleven hundred eleven of this chapter in
accordance with section eleven hundred eleven-b  of  this  chapter,  and
except  an  adjudication  in  accordance  with  section  eleven  hundred
eleven-c of this chapter of a violation of a  bus  lane  restriction  as
defined  in  such section, AND EXPECT AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF SUBDIVISION  (B),  (C),  (D),  (F)  OR  (G)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER, and except an adjudication of
liability of an owner for a violation  of  toll  collection  regulations
pursuant  to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to  any  sentence,  penalty  or  other
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
  S  12-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 4 of part C of chapter 55 of  the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction

S. 4459--A                         27

involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter,  and  except  an  adjudication  in  accordance  with section eleven
hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
restriction  as  defined  in such section, AND EXCEPT AN ADJUDICATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D),  (F)
OR  (G)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF  THIS  CHAPTER,  and  except  an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to section two thousand nine hundred eighty-five of
the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred fifty, there shall be levied in addition to any sentence, penal-
ty  or  other  surcharge  required  or  permitted  by law, an additional
surcharge of twenty-eight dollars.
  S 12-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
and  traffic  law,  as added by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF SUBDIVISION (B), (C), (D), (F)  OR  (G)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to  section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S  13.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (m) to read as follows:
  (M) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PREPARED  UNDER THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-B
OF THE VEHICLE AND TRAFFIC LAW.
  S 14. The purchase or lease of equipment for a  demonstration  program
pursuant  to  section  1180-b  of  the  vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
  S 15. This act shall take effect on the thirtieth day after  it  shall
have  become  a  law  and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation  of
this  act  on  its effective date shall be promulgated on or before such
effective date, provided that:
  (a) the amendments to subdivision 1 of section 235 of the vehicle  and
traffic law made by section one of this act shall not affect the expira-

S. 4459--A                         28

tion  of  such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section one-a of this  act  shall  take
effect;
  (b)  the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
  (c)  the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
  (d)  the amendments to section 235 of the vehicle and traffic law made
by section one-c of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-d of this act shall take effect;
  (e)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire  therewith,  when
upon  such  date  the provisions of section two-a of this act shall take
effect;
  (f) the amendments to subdivision 1 of section 236 of the vehicle  and
traffic law made by section two-a of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section two-b of this act shall take
effect;
  (g) the amendments to subdivision 1 of section 236 of the vehicle  and
traffic law made by section two-b of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon  such  date  the provisions of section two-c of this act shall take
effect;
  (h) the amendments to subdivision 12 of section 237 of the vehicle and
traffic law made by section three of  this  act  shall  not  affect  the
repeal of such subdivision and shall be deemed to be repealed therewith,
when  upon such date the provisions of section three-a of this act shall
take effect;
  (h-1) the amendments to subdivision 11 of section 237 of  the  vehicle
and traffic law made by section three-a of this act shall not affect the
expiration  and  reversion  of  such  subdivision  and  shall  be deemed
repealed therewith;
  (i) the amendments to paragraph f of subdivision 1 of section  239  of
the  vehicle  and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when upon such date the provisions of section four-a of this
act shall take effect;
  (j) the amendments to paragraph f of subdivision 1 of section  239  of
the vehicle and traffic law made by section four-a of this act shall not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of  this
act shall take effect;
  (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b of this act shall not
affect the expiration of such paragraph and shall be  deemed  to  expire
therewith,  when upon such date the provisions of section four-c of this
act shall take effect;
  (l) the amendments to subdivision 4 of section 239 of the vehicle  and
traffic law made by section five of this act shall not affect the repeal

S. 4459--A                         29

of  such  subdivision and shall be deemed to be repealed therewith, when
upon such date the provisions of section five-a of this act  shall  take
effect;
  (m)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section six-a  of  this  act
shall take effect;
  (n)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six-a  of  this  act  shall  not
affect the expiration of such subdivisions and shall be deemed to expire
therewith,  when  upon such date the provisions of section six-b of this
act shall take effect;
  (o) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law  made  by section six-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section six-c  of  this
act shall take effect;
  (p)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section  seven  of  this  act
shall  not  affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon  such  date  the  provisions  of  section
seven-a of this act shall take effect;
  (q)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-a of  this  act
shall  not  affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon  such  date  the  provisions  of  section
seven-b of this act shall take effect;
  (r)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-b of  this  act
shall  not  affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon  such  date  the  provisions  of  section
seven-c of this act shall take effect;
  (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle  and  traffic law made by section eight of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-a of this  act
shall take effect;
  (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-a of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with,  when upon such date the provisions of section eight-b of this act
shall take effect;
  (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-b of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-c of this  act
shall take effect;
  (v)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by  section  nine
of  this act shall not affect the expiration of such paragraph and shall
be deemed to expire therewith, when upon such  date  the  provisions  of
section nine-a of this act shall take effect;
  (w) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-a of this act shall not
affect  the  expiration  of such paragraph and shall be deemed to expire

S. 4459--A                         30

therewith, when upon such date the provisions of section nine-b of  this
act shall take effect;
  (x) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-b of this act shall not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section nine-c of  this
act shall take effect;
  (y) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section  eleven of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when upon such date the provisions of section eleven-a of this act shall
take effect;
  (z) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by section eleven-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when upon such date the provisions of section eleven-b of this act shall
take effect;
  (aa)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section eleven-b of this act  shall  not  affect
the  expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section eleven-c of this act
shall take effect;
  (bb) the amendments to paragraph a of subdivision 1 of section  1809-e
of  the vehicle and traffic law made by section twelve of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to
expire therewith, when upon such date the provisions of section twelve-a
of this act shall take effect; and
  (cc)  the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by  section  twelve-a  of  this  act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section twelve-b
of this act shall take effect; and
  (dd)  the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by  section  twelve-b  of  this  act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section twelve-c
of this act shall take effect.

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