senate Bill S7236A

Relates to owner liability for failure of operator to comply with traffic control indications in the city of Mt. Vernon

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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

  • 07 / May / 2014
    • REFERRED TO TRANSPORTATION
  • 20 / May / 2014
    • AMEND (T) AND RECOMMIT TO TRANSPORTATION
  • 20 / May / 2014
    • PRINT NUMBER 7236A
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1674
  • 20 / Jun / 2014
    • SUBSTITUTED BY A8368B

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8368B
Versions:
S7236
S7236A
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd V & T L, generally; amd §371, Gen Muni L; amd §87, Pub Off L

Sponsor Memo

BILL NUMBER:S7236A

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

PURPOSE OR GENERAL IDEA OF BILL:

To prevent the deaths and injuries caused by motorists running red
lights, by authorizing the City of Mt. Vernon to adopt a local law to
implement a program to install photo violation-monitoring devices at
up to twenty intersections.

SUMMARY OF SPECIFIC PROVISIONS:

The bill authorizes the City of Mt. Vernon to adopt a local law or
ordinance to establish a demonstration program imposing monetary
liability on vehicle owners for an operator's failure to comply with
traffic-control signals at up to twenty intersections at any one time
within and under the jurisdiction of the City of Mt. Vernon.

The bill requires the use of necessary technologies to ensure, to the
extent practicable, that photographs produced by such
violation-monitoring systems do not include images identifying the
driver, passengers or contents of a vehicle.

The bill establishes requirements for due process, including
provisions for the evidence of liability and its availability to
defendants, requirements governing the content of notices of
liability, or "NOLs", the method by which NOLs must be sent to vehicle
owners, and providing for the adjudication of violations by either the
traffic violations bureau, or by the court having jurisdiction over
traffic infractions, or by an administrative tribunal if one has been
authorized by the city to adjudicate complaints of traffic
infractions.

The bill deems that NOLs would not be a conviction as an operator and
thus would not be included on the owner's driver's license record, and
prohibits the use of findings of liability for motor vehicle insurance
purposes.

The bill authorizes the imposition of a maximum $50 civil penalty for
each violation and an additionally penalty no more than $25 for each
violation for the failure to respond to a NOL within the prescribed
time period.

The bill also contains provisions for relief from liability for owners
of leased or rented motor vehicles. Additionally, it provides as valid
defenses that the vehicle was reported stolen and had not been
recovered prior to the time the violation occurred, or that the
traffic signal was malfunctioning at the time of the alleged
violation.

The bill also contains a provision allowing owners found in violation
of this section to maintain an action for indemnification against the


operator of the vehicle at the time of the violation. Finally, the
bill requires the City of Mt. Vernon to submit an annual report on the
demonstration program to the Governor and Legislature.

JUSTIFICATION:

Red light running accidents are often the worst type of accident; they
often involve speed and right-angle impacts, which can lead to the
most severe injuries.

Many cities in the United States already have operational photo
enforcement for catching red light runners, including New York City,
Los Angeles, San Francisco, San Diego, Baltimore, and Washington D.C.,
resulting in safer intersections.

Most significantly, New York City has had a highly successful red
light camera program. The data from the New York City Department of
Transportation has demonstrated that the presence of red light cameras
significantly alters the behavior of drivers and dramatically reduces
the number of accidents at affected intersections. Traffic accidents
at intersections are a major public safety issue in the City of Mt.
Vernon and it is beyond doubt that a red light camera program would
provide a significant improvement in traffic safety within the City.

PRIOR LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect the thirtieth day after it shall become
law, with provisions.

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

                                 7236--A

                            I N  S E N A T E

                               May 7, 2014
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- 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, the general municipal law,
  and the public officers law, in relation to owner liability for  fail-
  ure of operator to comply with traffic-control indications in the city
  of  Mt.  Vernon;  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 chapter 189 of  the  laws  of  2013,  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 SUBDIVISION (D) OF SECTION  ELEVEN
HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D  OF  THIS CHAPTER, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13339-05-4

S. 7236--A                          2

section eleven hundred eleven-c of this chapter for  violations  of  bus
lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
such section, or to adjudicate the liability of owners for violations 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-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
section  1-a  of  chapter 189 of the laws of 2013, 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 SUBDIVISION (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-D OF THIS CHAPTER, 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
owners in accordance with section eleven hundred eleven-c of this  chap-
ter  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 chap-
ter  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 chapter 189 of the laws of 2013, 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 SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN  OF  THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER,  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

S. 7236--A                          3

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 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  chapter 189 of the laws of 2013, 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-D OF THIS CHAPTER, 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
owners in accordance with section eleven hundred eleven-c of this  chap-
ter  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 chap-
ter  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 amended by
section 1-d of chapter 189 of the laws of 2013, 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-D OF THIS CHAPTER, 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
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 1-e. 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. 7236--A                          4

  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-D OF THIS CHAPTER, 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, 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 chapter 189 of the laws of 2013, 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, OR SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER,  shall  adjudicate  the  liability  of
owners for violations of subdivision (d) of section eleven hundred elev-
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, OR SECTION ELEVEN HUNDRED ELEVEN-D and  shall
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 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  popu-
lation 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 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 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-a of chapter 189 of the laws of 2013, 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

S. 7236--A                          5

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, OR SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER,  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 OR SECTION ELEVEN
HUNDRED ELEVEN-D; 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 chapter in accordance with section
eleven  hundred eighty-b of this chapter. For the purposes of this arti-
cle, a parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. 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-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-b of chapter 189 of the laws of 2013, 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-D  OF  THIS  CHAPTER,
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 elev-
en 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 vehi-
cle. 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
amended by section 2-c of chapter 189 of the laws of 2013, 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, WHERE AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO  SUBDIVISION  (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion  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 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. 7236--A                          6

  S 2-d. 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,  WHERE  AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)
OF SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, shall have jurisdic-
tion of traffic infractions which constitute a  parking  violation.  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 3. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 14 to read as follows:
  14.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN  ACCORDANCE
WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, IF AUTHORIZED BY
LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A)  OF  SUCH  SECTION  ELEVEN
HUNDRED ELEVEN-D.
  S  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
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, OR SECTION ELEVEN HUNDRED  ELEVEN-D  OF  THIS
CHAPTER, and shall not be deemed to include a notice of liability issued
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 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 chapter 189  of  the  laws  of
2013, 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 OR  SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF THIS CHAPTER 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 chapter 189 of the laws of
2013, 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

S. 7236--A                          7

shall  not be deemed to include a notice of liability issued pursuant TO
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER 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 amended by section 4-c of chapter 189  of  the  laws  of
2013, 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
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER  and  shall  not  be  deemed to include a notice of liability issued
pursuant to section eleven hundred eighty-b of this chapter.
  S 4-d. 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
AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER.
  S 5. Subdivisions 1 and 1-a of section 240 of the vehicle and  traffic
law,  as  amended  by  section 6 of chapter 189 of the laws of 2013, 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 of  the  laws  of
two  thousand  nine  OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER,
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 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 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 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-a of  this  chapter  or
sections  eleven  hundred  eleven-b of this chapter as added by sections

S. 7236--A                          8

sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
two  thousand nine OR SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 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, 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 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law,  as amended by section 6-a of chapter 189 of the laws of 2013,
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 OR SECTION ELEVEN HUNDRED ELEVEN-D OF
THIS CHAPTER 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 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  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 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 IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-D OF THIS  CHAPTER  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  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 6-b of chapter 189 of the laws  of  2013,
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-D OF THIS CHAPTER OR 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

S. 7236--A                          9

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-D OF THIS CHAPTER OR 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 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
fic  law,  as amended by section 6-c of chapter 189 of the laws of 2013,
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-D OF THIS CHAPTER, 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 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 that failure to appear on the date designated, or  on
any  subsequent  adjourned date, shall be deemed an admission of liabil-
ity, 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-D OF THIS CHAPTER, or
the bureau has been notified that an allegation of liability in  accord-
ance  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  5-d. 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  SECTION  ELEVEN  HUNDRED  ELEVEN-D 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

S. 7236--A                         10

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-D 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. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law, as amended by section 7 of chapter 189 of the laws of
2013, 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 IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS  CHAPTER  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 OR IN
ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER  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 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-a of  chapter  189  of  the
laws of 2013, 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 IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS  CHAPTER  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. 7236--A                         11

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  IN
ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 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 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law,  as amended by section 7-b of chapter 189 of the
laws of 2013, 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-D  OF  THIS  CHAPTER  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-D OF THIS CHAPTER OR of a hearing at which liability  in  accord-
ance  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 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 7-c of  chapter  189  of  the
laws of 2013, 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-D 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-D 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 6-d. 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
ELEVEN-D 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
ELEVEN-D OF THIS CHAPTER IS CONTESTED. Recording devices may be used for
the making of the record.
  S  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8 of chapter 189 of the  laws  of  2013,  are
amended to read as follows:

S. 7236--A                         12

  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 IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER or the record of liabil-
ities 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 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 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 IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED
ELEVEN-D  OF THIS CHAPTER 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 OR IN ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED ELEVEN-D OF THIS CHAPTER 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

S. 7236--A                         13

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 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER  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
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 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
law,  as  amended by section 8-a of chapter 189 of the laws of 2013, 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 OR IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER 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 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-D OF THIS CHAPTER, 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

S. 7236--A                         14

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 IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, 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
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 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF  THIS  CHAPTER,
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 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  7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 8-b of chapter 189 of the laws of  2013,  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 OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER  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

S. 7236--A                         15

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 CONTEST AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE
WITH  SECTION  ELEVEN  HUNDRED  ELEVEN-D  OF  THIS  CHAPTER, 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  subse-
quent  adjourned date or fails after a hearing to comply with the deter-
mination 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 LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THIS CHAPTER, or alleged liability in accord-
ance 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  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-D OF THIS CHAPTER OR contesting an allegation of  liabil-
ity  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 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 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
law,  as  amended by section 8-c of chapter 189 of the laws of 2013, 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-D  OF  THIS

S. 7236--A                         16

CHAPTER  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 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 SECTION ELEVEN HUNDRED ELEVEN-D 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 LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN  HUNDRED  ELEVEN-D  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-D OF THIS CHAPTER OR contesting an allegation of  liabil-
ity  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 shall impose no  greater  penalty  or  fine
than those upon which the person was originally charged.
  S  7-d. 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 OR SHE may examine EITHER
the prior  parking  violations  record  OR  THE  RECORD  OF  LIABILITIES
INCURRED  IN  ACCORDANCE  WITH  SECTION  ELEVEN HUNDRED ELEVEN-D OF THIS
CHAPTER of the person charged, AS APPLICABLE, prior to rendering a final
determination. Final determinations  sustaining  or  dismissing  charges

S. 7236--A                         17

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 CONTEST AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE
WITH  SECTION ELEVEN HUNDRED ELEVEN-D 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
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED ELEVEN-D 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-D 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 addi-
tional 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 shall
impose no greater penalty or fine than those upon which the  person  was
originally charged.
  S 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of  the  vehicle and traffic law, as amended by section 9 of 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-

S. 7236--A                         18

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
(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  8-a.   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  ELEVEN-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER or [(iv)]  (V)  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 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

S. 7236--A                         19

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 follow-
ing 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 commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able 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 8-b.  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: (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 accord-
ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
violation  of  a  bus lane restriction as defined in such section[,]; OR
(III) 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; 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 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
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. 7236--A                         20

  S  8-c.   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
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: (I) 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
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-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 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 appli-
cation until the applicant provides proof from the court or  administra-
tive  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
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  8-d.   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

S. 7236--A                         21

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
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  9.  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 MT. VERNON 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
TWELVE 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

S. 7236--A                         22

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 MT. VERNON 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
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
MT. VERNON, 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

S. 7236--A                         23

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
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.

S. 7236--A                         24

  (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.
  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

S. 7236--A                         25

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  10.  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
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-

S. 7236--A                         26

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  10-a. 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
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  10-b. 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-c. 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),

S. 7236--A                         27

(f) or (g) of section eleven hundred eighty of this chapter  in  accord-
ance with section eleven hundred eighty-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, 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-d.  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 (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.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-a of chapter 189 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  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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] EXCEPT an adjudication of  liabil-
ity 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  adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations 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  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-b of chapter 189 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-

S. 7236--A                         28

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  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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  11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12-c of chapter 189 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  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D 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  11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended 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

S. 7236--A                         29

violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter  OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-D OF THIS CHAP-
TER, 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 12. Subdivision 1 of section 371 of the general  municipal  law,  as
separately  amended by sections 20 of chapters 20 and 383 of the laws of
2009, is amended to read as follows:
  1. A traffic violations bureau so established  may  be  authorized  to
dispose of violations of traffic laws, ordinances, rules and regulations
when  such offenses shall not constitute the traffic infraction known as
speeding or a misdemeanor or felony, and, if authorized by local law  or
ordinance,  to  adjudicate  the  liability  of  owners for violations of
subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
traffic  law  in accordance with section eleven hundred eleven-a of such
law or section eleven hundred eleven-b of such law [as added by  section
sixteen  of  the  chapter  of the laws of two thousand nine] AS ADDED BY
SECTIONS SIXTEEN OF CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO  OF  THE
LAWS  OF  TWO THOUSAND NINE which amended this [section] subdivision, OR
SECTION ELEVEN HUNDRED ELEVEN-D OF SUCH LAW.
  S 12-a. Section 371  of  the  general  municipal  law,  as  separately
amended  by  sections  21 of chapters 20 and 383 of the laws of 2009, is
amended to read as follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-
tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-b of such  law  as  added  by  [section]  SECTIONS
sixteen  of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, AND TWENTY-TWO of
the laws of two thousand nine which  amended  this  section  OR  SECTION
ELEVEN HUNDRED ELEVEN-D OF SUCH LAW, by permitting a person charged with
an  offense  within  the  limitations herein stated, to answer, within a
specified time, at the traffic violations bureau, either in person or by
written power of attorney in such form as may be prescribed in the ordi-
nance creating the bureau, by paying a prescribed fine and, in  writing,
waiving  a  hearing in court, pleading guilty to the charge or admitting
liability as an owner for the violation of subdivision  (d)  of  section
eleven  hundred  eleven  of the vehicle and traffic law, as the case may
be, and authorizing the person in charge of the bureau to  make  such  a
plea  or  admission  and  pay  such  a  fine in court. Acceptance of the
prescribed fine and power of attorney by  the  bureau  shall  be  deemed
complete  satisfaction  for  the  violation or of the liability, and the
violator or owner liable for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of the vehicle and traffic law shall be given a
receipt which so states. If a person charged with  a  traffic  violation
does  not  answer  as hereinbefore prescribed, within a designated time,
the bureau shall cause a complaint to be  entered  against  him  or  her
forthwith  and  a warrant to be issued for his or her arrest and appear-

S. 7236--A                         30

ance before the court. Any  person  who  shall  have  been,  within  the
preceding  twelve  months,  guilty  of a number of parking violations in
excess of such maximum number as may be designated by the court,  or  of
three  or  more  violations  other than parking violations, shall not be
permitted to appear and answer to a subsequent violation at the  traffic
violations  bureau,  but must appear in court at a time specified by the
bureau. Such traffic  violations  bureau  shall  not  be  authorized  to
deprive a person of his or her right to counsel or to prevent him or her
from  exercising  his  or  her  right  to  appear in court to answer to,
explain, or defend any charge of a violation of any traffic  law,  ordi-
nance, rule or regulation.
  S  12-b. Section 371 of the general municipal law, as amended by chap-
ter 802 of the laws of 1949, is amended to read as follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-
tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, AND, IF AUTHORIZED BY LOCAL LAW  OR  ORDINANCE,  TO  ADJUDICATE  THE
LIABILITY  OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-D OF THE VEHICLE AND TRAFFIC LAW, by permitting  a
person  charged with an offense within the limitations herein stated, to
answer, within a specified  time,  at  the  traffic  violations  bureau,
either  in person or by written power of attorney in such form as may be
prescribed in the ordinance creating the bureau, by paying a  prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge  OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF  THE  VEHICLE  AND  TRAFFIC
LAW,  AS  THE  CASE  MAY BE, and authorizing the person in charge of the
bureau to make such a plea OR ADMISSION and pay such a  fine  in  court.
Acceptance  of  the  prescribed fine and power of attorney by the bureau
shall be deemed complete  satisfaction  for  the  violation  OR  OF  THE
LIABILITY,  and the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
shall be given a receipt which so states. If a  person  charged  with  a
traffic  violation  does not answer as hereinbefore prescribed, within a
designated time, the bureau  shall  cause  a  complaint  to  be  entered
against  him  OR HER forthwith and a warrant to be issued for his OR HER
arrest and appearance before the court. Any person who shall have  been,
within  the  preceding  twelve  months,  guilty  of  a number of parking
violations in excess of such maximum number as may be designated by  the
court,  or  of  three  or more violations other than parking violations,
shall not be permitted to appear and answer to a subsequent violation at
the traffic violations bureau, but must appear in court at a time speci-
fied by the bureau. Such traffic violations bureau shall not be  author-
ized  to  deprive  a person of his OR HER right to counsel or to prevent
him OR HER from exercising his OR HER right to appear in court to answer
to, explain, or defend any charge of a violation  of  any  traffic  law,
ordinance, rule or regulation.
  S  13.  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 14. The purchase or lease of equipment for a  demonstration  program
established  pursuant  to  section 1111-d of the vehicle and traffic law

S. 7236--A                         31

shall be subject to the provisions of section 103 of the general munici-
pal 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-
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 section 235 of the vehicle and traffic law  made
by  section  one-d  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-e 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 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;
  (g)  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;
  (h)  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;
  (i)  the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-c 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-d 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 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;
  (k)  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

S. 7236--A                         32

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;
  (l)  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;
  (m) the amendments to paragraph f of subdivision 1 of section  239  of
the vehicle and traffic law made by section four-c 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-d 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  five  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 five-a 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 five-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 five-b of  this
act shall take effect;
  (p)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-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 five-c of this
act shall take effect;
  (q) the amendments to subdivisions 1 and 1-a of  section  240  of  the
vehicle  and  traffic  law  made by section five-c 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 five-d 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 six 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 six-a of
this act shall take effect;
  (s)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section  six-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 six-b
of this act shall take effect;
  (t) the amendments to paragraphs a and g of subdivision 2  of  section
240  of  the  vehicle  and traffic law made by section six-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 six-c
of this act shall take effect;
  (u)  the  amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section  six-c  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 six-d
of this act shall take effect;
  (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall  not  affect
the expiration of such subdivisions and shall be deemed to expire there-

S. 7236--A                         33

with,  when upon such date the provisions of section seven-a of this act
shall take effect;
  (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-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 seven-b of this act
shall take effect;
  (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-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 seven-c of this  act
shall take effect;
  (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven-c 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 seven-d of this act
shall take effect;
  (z) the amendments to subparagraph (i) of paragraph a  of  subdivision
5-a  of section 401 of the vehicle and traffic law made by section eight
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 eight-a of this act shall take effect;
  (aa) the amendments to paragraph a of subdivision 5-a of  section  401
of the vehicle and traffic law made by section eight-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  eight-b
of this act shall take effect;
  (bb)  the  amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eight-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 eight-c
of this act shall take effect;
  (cc) the amendments to paragraph a of subdivision 5-a of  section  401
of the vehicle and traffic law made by section eight-c 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  eight-d
of this act shall take effect;
  (dd)  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
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section ten-a of  this  act  shall
take effect;
  (ee)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-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 ten-b of  this  act  shall
take effect;
  (ff)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-b 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 ten-c of  this  act  shall
take effect;
  (gg)  the  amendments  to subdivision 1 of section 1809 of the vehicle
and traffic law made by section ten-c of this act shall not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,

S. 7236--A                         34

when upon such date the provisions of section ten-d of  this  act  shall
take effect;
  (hh)  the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section eleven 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 eleven-a
of this act shall take effect;
  (ii) the amendments to paragraph a of subdivision 1 of section  1809-e
of  the  vehicle  and  traffic  law made by section eleven-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 eleven-b
of this act shall take effect;
  (jj) the amendments to paragraph a of subdivision 1 of section  1809-e
of  the  vehicle  and  traffic  law made by section eleven-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 eleven-c
of this act shall take effect;
  (kk) the amendments made to subdivision 1 of section 371 of the gener-
al municipal law made by section twelve 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 twelve-a of this act shall
take effect; and
  (ll)  the  amendments made to section 371 of the general municipal law
by section twelve-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 twelve-b of this act shall take effect.

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