senate Bill S6389

Amended

Relates to owner liability for failure of operator to comply with traffic control indications in the city of New Rochelle

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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

  • 21 / Jan / 2014
    • REFERRED TO TRANSPORTATION
  • 19 / May / 2014
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 19 / May / 2014
    • PRINT NUMBER 6389A
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1668
  • 20 / Jun / 2014
    • SUBSTITUTED BY A8250A

Summary

Relates to owner liability for failure of operator to comply with traffic control indications in the city of New Rochelle; authorizes such city to establish a demonstration program for traffic-control signal photo violation monitoring devices.

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Bill Details

Versions:
S6389
S6389A
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§401 & 1809, add §1111-d, V & T L; amd §87, Pub Off L

Sponsor Memo

BILL NUMBER:S6389

TITLE OF BILL: An act to amend the vehicle and traffic law and the
public officers law, in relation to owner liability for failure of
operator to comply with traffic-control indications and providing for
the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To reduce motor vehicle crash fatalities, injuries and property damage
caused by motorists' failure to obey traffic signals.

SUMMARY OF SPECIFIC PROVISIONS:

The bill authorizes the City of New Rochelle to adopt a local law or
ordinance establishing a 5 year demonstration program to impose
monetary liability on the owners of motor vehicles for an operator's
failure to comply with traffic-control indications within New
Rochelle. The bill authorizes New Rochelle to install and operate
traffic-control signal photo violation-monitoring devices at no more
than twenty-five intersections within such City at any one time.

The bill provides for the form of the evidence of liability and its
availability for inspection in adjudicatory proceedings, requirements
for the information to be contained in notices of liability ("NOLs")
and the method for delivery to owners alleged to be liable.
Requirements relating to the adjudication process are provided. The
local law enacting such a demonstration program could provide for
penalties of no more than fifty dollars for a violation and no more
than twenty-five dollars for failure to respond. Additionally, the
Department of Motor Vehicles is directed to deny an application for
the issuance or renewal of motor vehicle registrations if the
applicant has three or more NOLs and/or parking violations within an
eighteen month period for which the applicant failed to appear or
failed to comply with rules and regulations following entry of a final
decision, The bill also contains provisions addressing owner liability
with leased or rented motor vehicles.

Additionally, the bill requires the demonstration program to utilize
necessary technologies to ensure that photographs produced by photo
violation-monitoring systems not include images indentifying a
vehicle's driver, passengers or contents, to the extent practicable.
Recorded images would not be subject to MIL. NOLs are not deemed a
conviction as an operator, therefore there would be no points on the
owner's driver license as it would not made part of the driver's
license operating record, nor used for motor vehicle insurance
purposes. The bill provides defense to an allegation of liability:
there would be no liability if the vehicle was reported stolen and was
unrecovered prior to the time the violation occurred, or if the
traffic control indications were malfunctioning at the time of the
alleged violation. Demonstration program equipment is subject to the
provisions of section 103 of the general municipal law. Finally, the
City is required to submit an annual report to the Governor and
Legislature on the results of the use of photo violation-monitoring
systems.

JUSTIFICATION:


The National Highway Traffic Safety Administration (NHTSA) reports
that in New York in 2011 alone, out of 1169 fatalities nearly 465
people died in intersection-related crashes.
http://wwrd.nhtsa.dot.gov/departments/nrd-30/ncsa/STS1/36 Y/2011/36 NY
2011htm

Engineering countermeasures can help to improve signal visibility and
conspicuity and others, such as advanced warning flashers, signal
ahead signs, can increase the likelihood of stopping. However,
enforcement also is needed to counteract violations, whether
intentional or unintentional- The authorization provided by this bill
for a red light camera demonstration program within the City of New
Rochelle will help the City to address red light violations. This, in
turn, will improve the safety of all who travel through or across
intersections in New Rochelle.

LEGISLATIVE HISTORY:

New bill-2014

FISCAL IMPLICATIONS:

None to the state.

EFFECTIVE DATE:

30th day after it shall have become a law, to expire and be deemed
repealed on December 1, 2020.

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

                                  6389

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by  Sen.  STEWART-COUSINS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the public officers law,
  in relation to owner liability for failure of operator to comply  with
  traffic-control  indications  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.  Subparagraph  (i)  of  paragraph  a of subdivision 5-a of
section 401 of the vehicle and traffic law, as amended by chapter 189 of
the laws of 2013, 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  OR SECTION ELEVEN HUNDRED
ELEVEN-D 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09241-02-3

S. 6389                             2

(c) or (d) of section eleven hundred eighty of this chapter, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the  court,  traffic  and
parking violations agency or administrative 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 commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion 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 subdivi-
sion 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  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 2. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
traffic  law,  as  amended  by section 9-a of chapter 189 of the laws of
2013, 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; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  ELEVEN-D  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN 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
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  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

S. 6389                             3

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 3. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
traffic  law,  as  amended  by section 9-b of chapter 189 of the laws of
2013, 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
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 ELEVEN-D OF THIS  CHAP-
TER  FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN
OF THIS CHAPTER, or 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  4. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by section 9-c of chapter 189  of  the  laws  of
2013, 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

S. 6389                             4

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  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER, or the registrant  was
liable  in accordance with section eleven hundred eighty-b of this chap-
ter 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 administrative 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 following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his 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  regis-
trant'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  5. 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  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
his  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 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 discretion,  deny  a  registration  or  renewal
application  to  any  other  person  for the same vehicle and may deny a

S. 6389                             5

registration or renewal application for any other motor  vehicle  regis-
tered 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  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 6. The vehicle and traffic law is amended by adding  a  new  section
1111-d to read as follows:
  S  1111-D.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1.  NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE CITY OF NEW ROCHELLE IS HEREBY AUTHORIZED AND  EMPOWERED  TO
ADOPT  AND  AMEND  A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR  FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMON-
STRATION  PROGRAM  SHALL EMPOWER SUCH CITY TO INSTALL AND OPERATE TRAFF-
IC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES  AT  NO  MORE  THAN
TWENTY-FIVE INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE 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, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS ARTICLE, AND  SUCH  VIOLATION  IS  EVIDENCED  BY  INFORMATION
OBTAINED   FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO  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
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN  A
VEHICLE  SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
AT  THE  TIME  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE  CITY  OF NEW ROCHELLE IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL  PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A  VIOLATION  SHALL  BE

S. 6389                             6

AVAILABLE  FOR  INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
  (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
NANCE  ADOPTED  PURSUANT  TO  THIS  SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY  LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR  ORDINANCE  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 A LOCAL LAW OR ORDINANCE ADOPTED
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
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS 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
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  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 AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  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 WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
NEW ROCHELLE, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO  PREPARE
AND MAIL SUCH NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
IF SUCH CITY HAS ESTABLISHED AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING  OR  STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
ADJUDICATION BY SUCH TRIBUNAL.
  (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE 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 (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT  THE
VEHICLE  HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE

S. 6389                             7

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
BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY  IMPOSED  UPON
OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
COURT HAVING JURISDICTION, 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 (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE
SENDS  TO  THE  TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING  SUCH
VEHICLE  ON  THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING  NOTICE
FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  BY
THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES WITH THE PROVISIONS OF THIS
PARAGRAPH, 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 THE VIOLATION OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
(G) OF THIS SECTION.
  2.  (I)  IN  SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION  BY  A  PARKING
VIOLATIONS  BUREAU,  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 (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
  (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH  THE  BUREAU  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE 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 THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED  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  THE  BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II)  FAILURE  TO  COMPLY  WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
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 PURSUANT  TO  THIS  SECTION  AND
SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
  (K) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION  ELEVEN  HUNDRED ELEVEN 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.

S. 6389                             8

  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 FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE  A  PRESUMPTION  THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH  OPERATOR  FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (L)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M)  IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
ON  THE  RESULTS  OF  THE  USE  OF  A   TRAFFIC-CONTROL   SIGNAL   PHOTO
VIOLATION-MONITORING  SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST,  TWO
THOUSAND  FIFTEEN  AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH
THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT  SHALL  INCLUDE,  BUT
NOT BE LIMITED TO:
  1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE YEAR PRECEDING THE INSTALLATION OF  SUCH  SYSTEM,
TO  THE  EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF MOTOR
VEHICLES OF THIS STATE;
  3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF  ACCIDENTS  REPORTED  AT
INTERSECTIONS  WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED, TO THE EXTENT  THE  INFORMATION  IS  MAINTAINED  BY  THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
  4.  THE  NUMBER  OF  VIOLATIONS  RECORDED AT EACH INTERSECTION WHERE A
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND  IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
ALLEGED VIOLATION.
  S 7. The opening paragraph and  paragraph  (c)  of  subdivision  1  of
section 1809 of the vehicle and traffic law, as amended by section 11 of
chapter 189 of the laws of 2013, 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

S. 6389                             9

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 (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF  THIS  CHAPTER  IN  ACCORDANCE  WITH
SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or other than an adju-
dication 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 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  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-D  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 8. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
amended  by  section 11-a of chapter 189 of the laws of 2013, 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. 6389                            10

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
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D OF THIS CHAPTER, 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 mandatory surcharge, in addition
to any sentence required or permitted by law, in the amount  of  twenty-
five dollars.
  S  9. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-b of chapter 189 of the laws of 2013,  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  (D)  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 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 mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
  S 10. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 11-c of chapter 189 of the laws of 2013,  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, 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-D 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. 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:

S. 6389                            11

  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, 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-D 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. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (n) to read as follows:
  (N)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-D  OF
THE VEHICLE AND TRAFFIC LAW.
  S  13.  The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-d of the vehicle  and  traffic  law
shall be subject to the provisions of section 103 of the general munici-
pal law.
  S  14.  This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2020 when upon such  date
the provisions of such sections shall be deemed repealed; provided that:
  (a)  the  amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section one 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 two of this act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two 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 three  of  this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section three 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 of this
act shall take effect;
  (d) the amendments to paragraph a of subdivision 5-a of section 401 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  five  of  this
act shall take effect;
  (e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section seven 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 eight of this act shall take
effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eight 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 nine of  this  act  shall  take
effect;
  (g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law made by section nine of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when

S. 6389                            12

upon such date the provisions of section ten  of  this  act  shall  take
effect; and
  (h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section ten 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 eleven of this act  shall  take
effect.

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