Assembly Bill A7744

2009-2010 Legislative Session

Establishes demonstration program to enforce maximum speed limits by means of speed limit photo devices in N.Y. city

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2010	print number 7744b
May 10, 2010	amend and recommit to transportation
Feb 25, 2010	print number 7744a
Feb 25, 2010	amend and recommit to transportation
Jan 06, 2010	referred to transportation
Apr 23, 2009	referred to transportation

Bill Amendments

Original

B (Active)

co-Sponsors

multi-Sponsors

2009-A7744 - Details

See Senate Version of this Bill:: S4393
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1180-b, V & T L; amd §87, Pub Off L

2009-A7744 - Summary

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

2009-A7744 - Bill Text download pdf

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

                                  7744

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by  M.  of  A. GLICK, BING, MILLMAN, EDDINGTON, GOTTFRIED --
  Multi-Sponsored by -- M.   of A. PHEFFER, TOWNS,  WEISENBERG  --  read
  once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation  to  establishing  in  each city with a population of one
  million or more a  demonstration  program  to  enforce  maximum  speed
  limits  by  means  of speed limit photo devices; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, 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  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  FOR  VIOLATIONS  OF
SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,
such  tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04540-01-9

A. 7744                             2

  S 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, 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,
shall  adjudicate  the liability of owners for violations of subdivision
(d) of section eleven hundred eleven of this chapter in accordance  with
such section eleven hundred eleven-a, 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 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, 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 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
SIONS  (C)  AND  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law,  as amended by chapter 379 of the laws of 1992, is amended
to read as follows:
  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  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 EIGHTY-B OF THIS CHAPTER.
  S 6. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:

A. 7744                             3

  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision three of this section shall not be  applicable  to  determi-
nations of owner liability for the failure of an operator to comply with
subdivision  (d)  of  section  eleven hundred eleven of this chapter and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO DETERMINATIONS OF OWNER LIABILITY FOR THE
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHTY
OF THIS CHAPTER.
  S  7.  Subdivision 1 of section 240 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  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 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 EIGHTY-B OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) 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.
  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  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 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  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 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law,  as  amended  by chapter 379 of the laws of 1992, 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 an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-

A. 7744                             4

ities 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 ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF  THIS CHAPTER shall be held before a hearing examiner in accord-
ance 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 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 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  10.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, are amended to  read
as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he OR SHE may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or the record of liabilities incurred in accordance with section
two thousand nine hundred eighty-five of the public authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty of the person charged
OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF  THIS  CHAPTER, as applicable prior to rendering a
final  determination.  Final  determinations  sustaining  or  dismissing
charges shall be entered on a final determination roll maintained by the
bureau  together  with  records showing payment and nonpayment of penal-
ties.
  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 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 EIGHTY-B OF THIS
CHAPTER, or fails to appear on a designated hearing date  or  subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead 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 alleged or liability in  accord-
ance  with  section  two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four  of the laws of nineteen hundred fifty

A. 7744                             5

alleged OR 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-a of this chapter or contesting an allegation of liabil-
ity 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 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 penal-
ty or fee. Such notice  of  impending  default  judgment  shall  not  be
required  prior to the rendering and entry thereof in the case of opera-
tors 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, sustain-
ing  them,  he OR SHE shall impose no greater penalty or fine than those
upon which the person was originally charged.
  S 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of  the  vehicle  and traffic law, as amended by chapter 496 of the
laws of 1990 and as designated by chapter 373 of the laws  of  1994,  is
amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his OR HER representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his OR HER agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter 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  A  VIOLATION  OF
SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from  the  court,
traffic and parking violations agency or 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

A. 7744                             6

the rules and regulations of said tribunal following entry  of  a  final
decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his OR  HER  discretion,  deny  a  registration  or
renewal  application  to  any  other person for the same vehicle and may
deny a registration or renewal application for any other  motor  vehicle
registered  in  the  name  of  the  applicant where the commissioner has
determined that such registrant's intent has been to evade the  purposes
of this subdivision and where the commissioner has reasonable grounds to
believe  that  such  registration  or  renewal  will  have the effect of
defeating the purposes of  this  subdivision.  Such  denial  shall  only
remain  in  effect as long as the summonses remain unanswered, or in the
case of an administrative tribunal, the registrant fails to comply  with
the rules and regulations following entry of a final decision.
  S  12.  The vehicle and traffic law is amended by adding a new section
1180-b to read as follows:
  S 1180-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
APPLICABLE  MAXIMUM  SPEED LIMIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CITY WITH A POPULATION OF ONE MILLION  OR  MORE  IS  HEREBY
AUTHORIZED  AND  EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR
THEREOF  TO  COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN SUCH CITY
IN ACCORDANCE WITH THE PROVISIONS OF  THIS  SECTION.    SUCH  CITY,  FOR
PURPOSES  OF  THE  IMPLEMENTATION  OF  SUCH PROGRAM, SHALL OPERATE SPEED
LIMIT PHOTO DEVICES WITHIN SUCH CITY AT NO MORE THAN TEN  AND  NO  FEWER
THAN  THREE  LOCATIONS  AT  ANY  ONE  TIME DURING THE FIRST YEAR OF SUCH
PROGRAM AND AT NO MORE THAN TWENTY LOCATIONS AT ANY ONE TIME DURING  THE
SECOND YEAR AND SUBSEQUENT YEARS OF SUCH PROGRAM. SUCH SPEED LIMIT PHOTO
DEVICES  MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS
SELECTED BY SUCH CITY.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  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  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3. FOR PURPOSES OF  THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED  IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER. FOR
PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL  MEAN  EQUIP-
MENT  THAT  TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH  A  VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT  THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR  OR  CONTRAC-
TOR,  OR  A  FACSIMILE  THEREOF,  BASED  UPON INSPECTION OF PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER  RECORDED
IMAGES  EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN

A. 7744                             7

ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH  VIOLATION  PURSUANT
TO THIS SECTION.
  5.  AN  OWNER  LIABLE  FOR  A  VIOLATION  OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR  MONE-
TARY  PENALTIES  IN  ACCORDANCE  WITH  A SCHEDULE OF FINES AND PENALTIES
PROMULGATED BY THE PARKING VIOLATIONS BUREAU  OF  SUCH  CITY;  PROVIDED,
HOWEVER,  THAT  THE  MONETARY  PENALTY FOR DRIVING AT A SPEED ONE TO TEN
MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED  LIMIT  SHALL  NOT  EXCEED
FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING AT A SPEED MORE THAN TEN
AND LESS THAN THIRTY MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT
SHALL  NOT  EXCEED  SEVENTY-FIVE  DOLLARS,  AND THE MONETARY PENALTY FOR
DRIVING THIRTY MILES PER HOUR OR MORE IN EXCESS  OF  THE  MAXIMUM  SPEED
LIMIT  SHALL  NOT  EXCEED  ONE HUNDRED FIFTY DOLLARS; PROVIDED, FURTHER,
THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY  NOT  TO  EXCEED
TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  6. AN IMPOSITION OF LIABILITY 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 VEHI-
CLE INSURANCE COVERAGE.
  7. (A) A NOTICE OF LIABILITY SHALL BE SENT  BY  FIRST  CLASS  MAIL  IN
ACCORDANCE  WITH  THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE AS AN
OWNER FOR A VIOLATION OF  SUBDIVISION  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE  REQUIRED.  A  MANUAL  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF  THE  FACTS
CONTAINED THEREIN.
  (B)  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
(C)  OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE REGIS-
TRATION 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 SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C)  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 JUDGEMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS  REPORTED
TO  THE  POLICE  DEPARTMENT  AS  HAVING BEEN STOLEN, IT SHALL BE A VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (C)
OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU  OF
SUCH CITY.
  9.  (A)  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL

A. 7744                             8

NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C)  OR  (D)  OF  SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION.
  10. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF
SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  11.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  12.  ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO  THOUSAND
FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 13. The opening paragraph of subdivision 1 of section  1809  of  the
vehicle  and  traffic law, as amended by section 2 of part DD of chapter
56 of the laws of 2008, is 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

A. 7744                             9

eleven-a  of this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  S 14. Paragraph (c) of subdivision 1 of section 1809  of  the  vehicle
and traffic law, as amended by section 2 of part DD of chapter 56 of the
laws of 2008, is amended to read as follows:
  (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 infraction pursuant to
article  nine of this chapter or other than 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, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF  SUBDI-
VISION  (C)  OR  (D) 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 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 15.  Paragraphs (g), (h), (i) and (j) of subdivision 2 of section 87
of  the  public officers law, paragraph (g) as amended by chapter 510 of
the laws of 1999, paragraph (h) as added by chapter 933 of the  laws  of
1977,  paragraph  (i)  as  added  by chapter 368 of the laws of 2001 and
paragraph (j) as added by chapter 746 of the laws of  1988  are  amended
and a new paragraph (k) is added to read as follows:
  (g) are inter-agency or intra-agency materials which are not:
  i. statistical or factual tabulations or data;
  ii. instructions to staff that affect the public;
  iii. final agency policy or determinations;
  iv.  external audits, including but not limited to audits performed by
the comptroller and the federal government; [or]
  (h) are examination questions or answers which are requested prior  to
the final administration of such questions[.];
  (i)  if  disclosed, would jeopardize an agency's capacity to guarantee
the security of its information technology assets,  such  assets  encom-
passing both electronic information systems and infrastructures; [or]
  (j)  are  photographs,  microphotographs,  videotape or other recorded
images prepared under authority of section eleven  hundred  eleven-a  of
the vehicle and traffic law[.]; OR
  (K)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A SPEED LIMIT PHOTO DEVICE PREPARED  UNDER  AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
  S  16.  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;

A. 7744                            10

provided,  however,  that 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 expiration of such section and  shall  be  deemed  to  expire
therewith, 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
expiration of such subdivision and shall be deemed to expire  therewith,
the  amendments  to  paragraph  f of subdivision 1 of section 239 of the
vehicle and traffic law made by section  five  of  this  act  shall  not
affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, the amendments to subdivision 4 of section 239 of the vehicle
and traffic law made by section six of this act  shall  not  affect  the
repeal of such subdivision and shall be deemed to be repealed therewith,
the  amendments  to subdivisions 1 and 1-a of section 240 of the vehicle
and traffic law made by sections seven and eight of this act  shall  not
affect the expiration of such subdivisions and shall be deemed to expire
therewith,  the  amendments  to  paragraphs  a and g of subdivision 2 of
section 240 of the vehicle and traffic law made by section nine of  this
act  shall  not  affect  the  expiration of such paragraphs and shall be
deemed to expire therewith, the amendments to subdivisions 1  and  2  of
section  241  of the vehicle and traffic law made by section ten of this
act shall not affect the expiration of such subdivisions  and  shall  be
deemed  to expire therewith, the amendments to subparagraph (i) of para-
graph a of subdivision 5-a of section 401 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, the amendments
to the opening paragraph and paragraph (c) of subdivision 1  of  section
1809  of the vehicle and traffic law made by sections thirteen and four-
teen of this act shall not affect the expiration of such subdivision and
shall be deemed to expire therewith, and the amendments to paragraph (j)
of subdivision 2 of section 87  of  the  public  officers  law  made  by
section  fifteen  of  this act shall not affect the repeal of such para-
graph and shall be deemed to be repealed therewith; and provided further
that effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are authorized and directed to be made and completed on
or before such effective date.

co-Sponsors

multi-Sponsors

2009-A7744A - Details

See Senate Version of this Bill:: S4393
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1180-b, V & T L; amd §87, Pub Off L

2009-A7744A - Summary

2009-A7744A - Sponsor Memo

                                BILL NUMBER:A7744A

TITLE  OF  BILL:    An  act to amend the vehicle and traffic law and the
public officers law, in relation to establishing in  each  city  with  a
population  of  one  million  or more a demonstration program to enforce
maximum speed limits by means of speed limit photo devices; and  provid-
ing for the repeal of such provisions upon expiration thereof

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

JUSTIFICATION:  Speeding motorists are a pervasive problem in some areas
of the City of New York. The New York City Police Department issues more
than  118,000  summonses  each  year  for  speeding  violations.   These
violations  are  often a significant factor in accidents which result in

death or injury to motorists and pedestrians. Children and  the  elderly
are  often  the  victims. Under the present provisions of law, a police.
officer must be present at the scene of a speeding violation to  observe
the  violation  and  serve  the  operator of the vehicle with a summons.
There are of course not  a  sufficient  number  of  police  officers  to
observe  every  speeding  violation. In fact, a motorist can rely on the
odds that a speeding violation will not be detected.

The purpose of this legislation  is  to  develop  a  system  which  will
supplement the police effort by using recent technology to record speed-
ing  violations  on  film  or other recording devices. The program wilt"
operate in the same manner as the Red Light  Camera  Program  which  has
successfully  reduced the incidence of red light violations in the City,
ultimately preventing accidents and saving lives.  Technology  presently
exists  which  will  photographically  capture vehicles which exceed the
maximum speed limit without the presence of a police officer. This tech-
nology combines speed sensing technology that determines the speed of  a
vehicle  and  captures/records that data by photographic, micro-graphic,
video tape or other recording system and produces an image  of  a  motor
vehicle  at  the  moment that it exceeds the speed limit. This image can
then be used as evidence in a proceeding  to  impose  liability  on  the
owner  of  the  vehicle  for  the speeding violation. This technology is
presently in use in Utah, California,  Arizona,  and  British  Columbia,
Canada.  The  equipment consists of mobile units which can be moved from
neighborhood to neighborhood as the need arises.

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

PRIOR  LEGISLATIVE HISTORY: 2007-'08: A.7142 referred to Transportation;
2005-'06:   A.5747-a   -   referred   to    Transportation;    2003-'04:
A.4111-a-referred to Transportation; 2001-'02: A.7355 referred to Trans-
portation.

FISCAL IMPLICATIONS: To be determined

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

2009-A7744A - Bill Text download pdf

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

                                 7744--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by  M.  of A. GLICK, BING, MILLMAN, GOTTFRIED -- Multi-Spon-
  sored by -- M. of A. PHEFFER,  TOWNS,  WEISENBERG  --  read  once  and
  referred  to  the  Committee  on  Transportation -- recommitted to the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation  to  establishing  in  each city with a population of one
  million or more a  demonstration  program  to  enforce  maximum  speed
  limits  by  means  of speed limit photo devices; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as separately amended by sections 1 of chapters 20, 21, 22 and  383
of the laws of 2009, 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 section eleven hundred eleven-b of this chap-
ter as added by section sixteen of [the chapter] CHAPTERS TWENTY,  TWEN-
TY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision],  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04540-04-0

A. 7744--A                          2

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-a. Section 235 of the  vehicle  and  traffic  law,  as  separately
amended  by  sections  2  of  chapters 20, 21, 22 and 383 of the laws of
2009, 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  section  eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws  of  two  thousand  nine  [which  amended  this
section],  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  SUBDIVI-
SIONS  (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-b. Section 235 of the  vehicle  and  traffic  law,  as  separately
amended  by  sections  3  of  chapters 20, 21, 22 and 383 of the laws of
2009, 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-b of this chapter as added by [section] SECTIONS
sixteen of [the chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND
THREE  HUNDRED  EIGHTY-THREE  of  the  laws  of two thousand nine [which
amended this section], 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  FOR  VIOLATIONS  OF
SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,

A. 7744--A                          3

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 separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 4 of chapters 20, 21, 22 and 383  of  the
laws of 2009, 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
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-a or such section eleven hundred  eleven-b  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] 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  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, 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
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:

A. 7744--A                          4

  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-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-b as added by [section] SECTIONS sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE
of  the  laws  of  two thousand nine which amended this subdivision, 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  article, a parking violation is the violation of any law, rule
or regulation providing for  or  regulating  the  parking,  stopping  or
standing  of  a  vehicle.  In  addition  for  purposes  of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking   violation,  AND  SHALL  ADJUDICATE  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 article, a parking violation  is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of  this article, "commissioner" shall mean and include the commissioner
of traffic of the city or an official possessing  authority  as  such  a
commissioner.
  S  3. Subdivision 11 of section 237 of the vehicle and traffic law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11. To adjudicate the liability  of  owners  for  violations  of  toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions of section two  thousand  nine  hundred  eighty-five  of  the
public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12.  TO  ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  5.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by sections 8 of chapters 20, 21,  22
and 383 of the laws of 2009, 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 section eleven hundred eleven-b of this chapter as  added  by

A. 7744--A                          5

[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph], 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 chapter seven hundred seventy-four
of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE
A  NOTICE  OF  LIABILITY  PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER.
  S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
and 383 of the laws of 2009, 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-b of this chap-
ter as added by [section] SECTIONS sixteen  of  [the  chapter]  CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this paragraph] AND  SHALL  NOT
BE  DEEMED  TO  INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5-b. 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 PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  6.  Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY FOR
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHTY
OF THIS CHAPTER.
  S 6-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is 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
section  eleven  hundred  eleven-b of this chapter as added by [section]
SECTIONS  sixteen  of  [the  chapter]   CHAPTERS   TWENTY,   TWENTY-ONE,

A. 7744--A                          6

TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph  subdivision],  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  EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (C) OR (D) 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 ther-
eon.
  S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately amended by sections 11 of chapters 20, 21, 22 and 383 of  the
laws of 2009, is 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-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision] for a violation of subdi-
vision  (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 ELEVEN HUNDRED EIGHTY-B  OF  THIS  CHAPTER  FOR  A
VIOLATION  OF SUBDIVISION (C) OR (D) 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 ther-
eon.
  S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) 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 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 desig-
nated, or on any subsequent adjourned date, shall be deemed an admission
of liability, and that a default judgment may be entered thereon.

A. 7744--A                          7

  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
separately amended by sections 10 of chapters 20, 21, 22 and 383 of  the
laws of 2009, is amended to read as follows:
  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
section  eleven  hundred  eleven-b of this chapter as added by [section]
SECTIONS  sixteen  of  [the  chapter]   CHAPTERS   TWENTY,   TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] 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 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  8-a. Subdivision 1-a of section 240 of the vehicle and traffic law,
as separately amended by sections 11 of chapters 20, 21, 22 and  383  of
the laws of 2009, is amended to read as follows:
  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-b of this  chapter,  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine which amended this subdivision, is being contested, OR  AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF THIS CHAPTER, 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 8-b. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  added  by  chapter  365  of  the laws of 1978, is amended to read as
follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon  the
merits  has  been  demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as separately amended by sections 10  of  chapters  20,
21, 22 and 383 of the laws of 2009, 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  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] 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 ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-B  OF  THIS

A. 7744--A                          8

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  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] is contested or of a hearing at  which  liability  in  accordance
with section two thousand nine hundred eighty-five of the public author-
ities  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
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 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections  11  of  chapters
20, 21, 22 and 383 of the laws of 2009, 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-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] 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-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] 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 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws  of  1972,  are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER shall be held  before  a  hearing  examiner  in
accordance with rules and regulations promulgated by the bureau.
  g.  A  record  shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 10. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or in accordance with section eleven hundred  eleven-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the

A. 7744--A                          9

laws of two thousand nine [which amended this subdivision] or the record
of liabilities incurred in accordance with  section  two  thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty of the person charged OR  THE  RECORD  OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered
on  a  final  determination  roll 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  section  eleven  hundred  eleven-b  of  this  chapter  as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which amended this subdivision] or fails to contest an allegation
of liability in accordance with section two thousand nine hundred eight-
y-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 nine-
teen  hundred  fifty  OR  FAILS TO CONTEST AN ALLEGATION OF LIABILITY 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 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 section
eleven hundred eleven-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  subdivision]  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 EIGHTY-B OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment,  (3)  that  such
judgment  will  be  entered  in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within  the  state
of New York, and (4) that a default may be avoided by entering a plea or
contesting  an allegation of liability in accordance with section eleven
hundred eleven-a of this chapter or in accordance  with  section  eleven
hundred  eleven-b of this chapter as added by [section] SECTIONS sixteen
of [the chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE
HUNDRED  EIGHTY-THREE  of  the  laws of two thousand nine [which amended
this subdivision] or contesting an allegation of liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter

A. 7744--A                         10

seven  hundred  seventy-four  of  the  laws of nineteen hundred fifty OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF THIS CHAPTER, as appropriate, or making an appear-
ance 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 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, 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-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this subdivision] 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  determinations  sustaining  or
dismissing  charges shall be entered on a final determination roll main-
tained by the bureau together with records showing payment  and  nonpay-
ment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred  eleven-b  of  this  chapter  as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine [which amended this subdivision], OR FAILS TO CONTEST AN ALLEGATION
OF  LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER, or fails to appear on a designated hearing date  or  subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation  of  the bureau, such failure to plead, 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-b of this chapter, as added by [section] SECTIONS
sixteen of [the chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND
THREE  HUNDRED  EIGHTY-THREE  of  the  laws  of two thousand nine [which

A. 7744--A                         11

amended this subdivision], alleged,  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-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] 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-resi-
dents 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 10-b. 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 of the person charged, OR THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final  determi-
nation.  Final  determinations sustaining or dismissing charges shall be
entered on a final determination roll maintained by the bureau  together
with records showing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation OR FAILS TO CONTEST  AN  ALLEGATION  OF  LIABILITY  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 EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that

A. 7744--A                         12

such judgment will be entered in the Civil Court of the  city  in  which
the bureau has been established, or other court of civil jurisdiction or
any  other  place  provided  for the entry of civil judgments within the
state  of  New York, and (4) that a default may be avoided by entering a
plea, OR CONTESTING  AN  ALLEGATION  OF  LIABILITY  IN  ACCORDANCE  WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance
within  thirty  days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed  in  the  notice  and  not
subject  to  additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry  thereof
in the 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 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of the vehicle and traffic law, as separately amended by sections 1
of chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383  of
the laws of 2009, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his or her representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for  a  violation
of  subdivision  (d) of section eleven hundred eleven of this chapter OR
(III) THE REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH  SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR
(D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,  the  commissioner
or  his  or her agent shall deny the registration or renewal application
until the applicant provides proof from the court, traffic  and  parking
violations  agency  or  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 registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and

A. 7744--A                         13

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  11-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by sections 2 of chapters 19  and
23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
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 EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
tration 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 adminis-
trative tribunal that he or she has complied with the  rules  and  regu-
lations  of  said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  11-b.  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,

A. 7744--A                         14

charging that: (A) 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  (B)  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  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he 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 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 12. The vehicle and traffic law is amended by adding a  new  section
1180-b to read as follows:
  S  1180-B.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
APPLICABLE MAXIMUM SPEED LIMIT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  EACH  CITY  WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION  PROGRAM  IMPOSING
MONETARY  LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN  SUCH  CITY
IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS SECTION.   SUCH CITY, FOR
PURPOSES OF THE IMPLEMENTATION OF  SUCH  PROGRAM,  SHALL  OPERATE  SPEED
LIMIT  PHOTO DEVICES WITHIN SUCH CITY AT NO MORE THAN FORTY AND NO FEWER
THAN TWENTY LOCATIONS AT ANY ONE TIME DURING ANY YEAR OF  SUCH  PROGRAM.
SUCH  SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE
ACTIVATED AT LOCATIONS SELECTED BY SUCH CITY.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  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  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3. FOR PURPOSES OF  THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED  IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER. FOR
PURPOSES OF THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL  MEAN  EQUIP-
MENT  THAT  TAKES A FILM OR DIGITAL CAMERA-BASED PHOTOGRAPH, MICROPHOTO-
GRAPH, VIDEO, OR OTHER RECORDED IMAGE WHICH IS LINKED WITH  A  VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE

A. 7744--A                         15

AT  THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY  IN  WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
TOR, OR A FACSIMILE  THEREOF,  BASED  UPON  INSPECTION  OF  PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN.  ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE 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 THIS SECTION.
  5. AN OWNER LIABLE FOR A  VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH A  SCHEDULE  OF  FINES  AND  PENALTIES
PROMULGATED  BY  THE  PARKING  VIOLATIONS BUREAU OF SUCH CITY; PROVIDED,
HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A  SPEED  ONE  TO  TEN
MILES  PER  HOUR  IN  EXCESS OF THE MAXIMUM SPEED LIMIT SHALL NOT EXCEED
FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING AT A SPEED MORE THAN TEN
AND LESS THAN THIRTY MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT
SHALL NOT EXCEED SEVENTY-FIVE DOLLARS,  AND  THE  MONETARY  PENALTY  FOR
DRIVING  THIRTY  MILES  PER  HOUR OR MORE IN EXCESS OF THE MAXIMUM SPEED
LIMIT SHALL NOT EXCEED ONE HUNDRED  FIFTY  DOLLARS;  PROVIDED,  FURTHER,
THAT  AN  OWNER  SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  6.  AN  IMPOSITION  OF LIABILITY 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  VEHI-
CLE INSURANCE COVERAGE.
  7.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
  (B) 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
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE  REGIS-
TRATION  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 SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C) 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 JUDGEMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
THIS  SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED
TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN,  IT  SHALL  BE  A  VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (C)

A. 7744--A                         16

OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE 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 AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU  OF
SUCH CITY.
  9.  (A)  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C)  OR  (D)  OF  SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION.
  10. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF
SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  11.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  12.  ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO  THOUSAND
FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section  1809  of  the vehicle and traffic law, as separately amended by

A. 7744--A                         17

sections 4 of chapters 19 and 23 and sections 17 of chapters 20, 21,  22
and 383 of the laws of 2009, 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 OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen  hundred  fifty,  OR  OTHER
THAN  AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (C) OR (D) 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  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 13-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  separately  amended by sections 5 of chapters 19 and 23 and sections
18 of chapters 20, 21, 22 and 383 of the laws of  2009,  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

A. 7744--A                         18

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 (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a  manda-
tory  surcharge,  in  addition  to any sentence required or permitted by
law, in the amount of twenty-five dollars.
  S 13-b. 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 (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a  manda-
tory  surcharge,  in  addition  to any sentence required or permitted by
law, in the amount of seventeen dollars.
  S 14. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (1) to read as follows:
  (1)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A SPEED LIMIT PHOTO DEVICE PREPARED  UNDER  AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC 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
date;
  (a) provided, however, that the amendments to subdivision 1 of section
235 of the vehicle and traffic law made by section one of this act shall
be  subject  to the expiration and reversion of such section pursuant to
subdivision (p) of section 406 of chapter 166 of the laws  of  1991,  as
amended, when upon such date the provisions of section one-a of this act
shall take effect;
  (b)  provided, further that the amendments to section 235 of the vehi-
cle and traffic law made by section one-a of this act shall  be  subject
to  the  expiration and reversion of such section pursuant to section 17
of chapter 746 of the laws of 1988, as amended, when upon such date  the
provisions of section one-b of this act shall take effect;
  (c) provided, further, that the amendments to section 235 of the vehi-
cle  and  traffic law made by section one-b of this act shall be subject
to the expiration and reversion of such section pursuant to  section  18
of  chapter 379 of the laws of 1992, as amended, when upon such date the
provisions of section one-c of this act shall take effect;
  (d) the amendments made to subdivision 1 of section 236 of the vehicle
and traffic law made by section two of this act shall be subject to  the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section two-a of this act shall take effect;
  (e) provided, further, that the amendments to section 236 of the vehi-
cle  and  traffic law made by section two-a of this act shall not affect
the expiration and reversion of such section pursuant  to  chapters  20,

A. 7744--A                         19

21,  22 and 383 of the laws of 2009, as amended, when upon such date the
provisions of section two-b of this act shall take effect;
  (f)  provided,  further,  that  the  amendments made to paragraph f of
subdivision 1 of section 239 of the vehicle  and  traffic  law  made  by
section  five  of this act shall be subject to the expiration and rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of 1988, as amended, when upon  such  date  the  provisions  of  section
five-a of this act shall take effect;
  (g)  provided,  further, the the amendments to paragraph f of subdivi-
sion 1 of section 239 of the vehicle and traffic  law  made  by  section
five-a  of  this act shall be subject to the expiration and reversion of
such paragraph pursuant to chapters 20, 21, 22 and 383 of  the  laws  of
2009,  as  amended, when upon such date the provisions of section five-b
of this act shall  take effect;
  (h) provided, further, that the amendments to subdivision 4 of section
239 of the vehicle and traffic law made by section six of this act shall
not affect the repeal of such subdivision and shall be  deemed  repealed
therewith,  when  upon such date the provisions of section six-a of this
act shall take effect;
  (i) provided, further, that the amendments to subdivision 1 of section
240 of the vehicle and traffic law made by section  seven  of  this  act
shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to section 17 of chapter 746 of the laws of 1988,  as  amended,
when  upon such date the provisions of section seven-a of this act shall
take effect;
  (j) provided, further, that the amendments to subdivision 1 of section
240 of the vehicle and traffic law made by section seven-a of  this  act
shall  be  subject  to  the expiration and reversion of such subdivision
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
when upon such date the provisions of section seven-b shall take effect;
  (k) provided, further, that  the  amendments  to  subdivision  1-a  of
section 240 of the vehicle and traffic law made by section eight of this
act shall be subject to the expiration and reversion of such subdivision
pursuant  to  section 17 of chapter 746 of the laws of 1988, as amended,
when upon such date the provisions of section eight-a of this act  shall
take effect;
  (l)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by  section  eight-a  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section eight-b  of  this
act shall take effect;
  (m)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section  nine  of this act shall be subject to the expiration and rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of 1988, as amended, when upon  such  date  the  provisions  of  section
nine-a of this act shall take effect;
  (n)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section nine-a of this act shall be subject to the expiration and rever-
sion  of  such paragraphs pursuant to chapters 20, 21, 22 and 383 of the
laws of 2009, as amended, when upon such date the provisions of  section
nine-b of this act shall take effect;
  (o)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten  of  this

A. 7744--A                         20

act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended, when upon such date the provisions of section ten-a of this act
shall take effect;
  (p)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten-a of this
act shall be subject to the expiration and reversion  of  such  subdivi-
sions  pursuant  to  chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section ten-b of this act
shall take effect;
  (q) provided, further, that the  amendments  to  subparagraph  (i)  of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law  made  by section eleven of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 17  of  chapter
746  of the laws of 1988, as amended, when upon such date the provisions
of section eleven-a of this act shall take effect;
  (r) provided, further, that the amendments to paragraph a of  subdivi-
sion  5-a  of section 401 of the vehicle and traffic law made by section
eleven-a of this act shall be subject to the expiration and reversion of
such paragraph pursuant to chapters 19, 20, 21, 22, 23 and  383  of  the
laws  of 2009, as amended, when upon such date the provisions of section
eleven-b of this act shall take effect;
  (r-1) provided, further, that  the  amendments  to  subdivision  1  of
section  1809  of the vehicle and traffic law made by sections thirteen,
thirteen-a and thirteen-b of this act shall not affect the expiration of
such subdivision and shall be deemed repealed therewith;
  (s) provided, further, that the amendments to  the  opening  paragraph
and  paragraph  (c)  of subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirteen of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to  section  10  of
chapter  19, sections 24 of chapters 20 and 383, sections 22 of chapters
21 and 22 and section 9 of chapter 23 of the laws of 2009,  as  amended,
when  upon  such  date  the provisions of section thirteen-a of this act
shall take effect;
  (t) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen-a  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended,  when  upon  such  date the provisions of section thirteen-b of
this act shall take effect.

co-Sponsors

multi-Sponsors

2009-A7744B (ACTIVE) - Details

See Senate Version of this Bill:: S4393
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1180-b, V & T L; amd §87, Pub Off L

2009-A7744B (ACTIVE) - Summary

2009-A7744B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7744B

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

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

JUSTIFICATION:
Speeding motorists are a pervasive problem in some areas of the City of
New York. The New York City Police Department issues more than 118,000

summonses each year for speeding violations.  These violations are often
a significant factor in accidents which result in death or injury to
motorists and pedestrians. Children and the elderly are often the
victims. Under the present provisions of law, a police officer must be
present at the scene of a speeding violation to observe the violation
and serve the operator of the vehicle with a summons. There are of
course not a sufficient number of police officers to observe every
speeding violation. In fact, a motorist can rely on the odds that a
speeding violation will not be detected.

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

Technology presently exists which will photographically capture vehicles
which exceed the maximum speed limit without the presence of a police
officer. This technology combines speed sensing technology that deter-
mines the speed of a vehicle and captures/records that data by photo-
graphic, micro-graphic, video tape or other recording system and produc-
es an image of a "motor vehicle at the moment that it exceeds the speed
limit. This image can then be used as evidence in a proceeding to impose
liability on the owner of the vehicle for the speeding violation.  This

technology is presently in use in Utah, California, Arizona, and British
Columbia, Canada. The equipment consists of mobile units which can be
moved from neighborhood" to neighborhood as the need arises.

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

PRIOR LEGISLATIVE HISTORY:
2007-08: A.7142  - Referred to Transportation
2005-06: A.5747A - Referred to Transportation
2003-04: A.4111A - Referred to Transportation
2001-02: A.7355  - Referred to Transportation

FISCAL IMPLICATIONS:
To be determined.

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

2009-A7744B (ACTIVE) - Bill Text download pdf

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

                                 7744--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 23, 2009
                               ___________

Introduced  by  M.  of A. GLICK, BING, MILLMAN, GOTTFRIED -- Multi-Spon-
  sored by -- M. of A. PHEFFER,  TOWNS,  WEISENBERG  --  read  once  and
  referred  to  the  Committee  on  Transportation -- recommitted to the
  Committee on Transportation in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted to said committee -- again reported from said commit-
  tee with amendments, ordered reprinted as amended and  recommitted  to
  said committee

AN ACT to amend the vehicle and traffic law and the public officers law,
  in  relation  to  establishing  in  each city with a population of one
  million or more a  demonstration  program  to  enforce  maximum  speed
  limits  by  means  of speed limit photo devices; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as separately amended by sections 1 of chapters 20, 21, 22 and  383
of the laws of 2009, 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 section eleven hundred eleven-b of this chap-
ter as added by section sixteen of [the chapter] CHAPTERS TWENTY,  TWEN-
TY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision],  or  to  adjudicate  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04540-06-0

A. 7744--B                          2

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-a.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 2 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, 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  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of  the  laws  of  two  thousand  nine [which amended this
section], 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 SUBDIVI-
SIONS (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-b.  Section  235  of  the  vehicle and traffic law, as separately
amended by sections 3 of chapters 20, 21, 22 and  383  of  the  laws  of
2009, 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-b of this chapter as added by  [section]  SECTIONS
sixteen  of  [the  chapter]  CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND
THREE HUNDRED EIGHTY-THREE of the  laws  of  two  thousand  nine  [which
amended  this  section],  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 FOR VIOLATIONS OF
SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS  CHAP-

A. 7744--B                          3

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-c.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
of 1992, is amended to read as follows:
  S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any  city  which  heretofore  or hereafter is authorized to establish an
administrative tribunal to hear  and  determine  complaints  of  traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate  the  liability  of  owners for violations of toll collection
regulations as defined in and  in  accordance  with  the  provisions  of
section  two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
hundred  seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.
  S  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
separately amended by sections 4 of chapters 20, 21, 22 and 383  of  the
laws of 2009, 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
subdivision  (a)  of  section eleven hundred eleven-b of this chapter as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine  [which  amended  this subdivision], shall adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred  eleven  of  this chapter in accordance with such section eleven
hundred eleven-a or such section eleven hundred  eleven-b  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] 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  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, 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.

A. 7744--B                          4

  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
separately  amended  by sections 5 of chapters 20, 21, 22 and 383 of the
laws of 2009, 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-b of  this  chapter  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this  subdivision],  shall  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with  such  section  eleven
hundred eleven-b as added by [section] SECTIONS sixteen of [the chapter]
CHAPTERS  TWENTY,  TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE
of the laws of two thousand nine which  amended  this  subdivision,  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 article, a parking violation is the violation of any  law,  rule
or  regulation  providing  for  or  regulating  the parking, stopping or
standing of a  vehicle.  In  addition  for  purposes  of  this  article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking  violation,  AND  SHALL  ADJUDICATE  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 article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of this article, "commissioner" shall mean and include the  commissioner
of  traffic  of  the  city or an official possessing authority as such a
commissioner.
  S 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
SIONS  (C)  AND  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law, as separately amended by sections 8 of chapters 20, 21, 22
and 383 of the laws of 2009, 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,

A. 7744--B                          5

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  section eleven hundred eleven-b of this chapter as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph], 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 chapter seven hundred seventy-four
of the laws of nineteen hundred fifty AND SHALL NOT BE DEEMED TO INCLUDE
A  NOTICE  OF  LIABILITY  PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER.
  S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as separately amended by sections 9 of chapters 20, 21, 22
and 383 of the laws of 2009, 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-b of this chap-
ter as added by [section] SECTIONS sixteen  of  [the  chapter]  CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this paragraph] AND  SHALL  NOT
BE  DEEMED  TO  INCLUDE A NOTICE OF LIABILITY PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5-b. 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 PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S  6.  Subdivision 4 of section 239 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY FOR
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHTY
OF THIS CHAPTER.
  S 6-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is 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

A. 7744--B                          6

in accordance with section eleven hundred eleven-a of  this  chapter  or
section  eleven  hundred  eleven-b of this chapter as added by [section]
SECTIONS  sixteen  of  [the  chapter]   CHAPTERS   TWENTY,   TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this paragraph  subdivision],  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 EIGHTY-B  OF  THIS  CHAPTER  FOR  A
VIOLATION  OF SUBDIVISION (C) OR (D) 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 ther-
eon.
  S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately  amended by sections 11 of chapters 20, 21, 22 and 383 of the
laws of 2009, is 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-b of  this  chapter  as
added  by  [section]  SECTIONS sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand nine [which amended this subdivision] for a violation of subdi-
vision (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  ELEVEN  HUNDRED  EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (C) OR (D) 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 ther-
eon.
  S 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B  OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) 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 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  desig-

A. 7744--B                          7

nated, or on any subsequent adjourned date, shall be deemed an admission
of liability, and that a default judgment may be entered thereon.
  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
separately  amended by sections 10 of chapters 20, 21, 22 and 383 of the
laws of 2009, is amended to read as follows:
  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
section eleven hundred eleven-b of this chapter as  added  by  [section]
SECTIONS   sixteen   of   [the  chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine  [which  amended this subdivision] 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 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 8-a. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  separately  amended by sections 11 of chapters 20, 21, 22 and 383 of
the laws of 2009, is amended to read as follows:
  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-b of this chapter, as
added by [section] SECTIONS sixteen of [the  chapter]  CHAPTERS  TWENTY,
TWENTY-ONE, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws of two
thousand  nine which amended this subdivision, is being contested, OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, 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  8-b. Subdivision 1-a of section 240 of the vehicle and traffic law,
as added by chapter 365 of the laws of  1978,  is  amended  to  read  as
follows:
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,  IS
BEING  CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held,  the  bureau  shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and  traffic  law,  as separately amended by sections 10 of chapters 20,
21, 22 and 383 of the laws of 2009, 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 section eleven hundred
eleven-b of this chapter as added by [section] SECTIONS sixteen of  [the
chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this  para-
graph]  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

A. 7744--B                          8

seventy-four of the laws of nineteen hundred fifty 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-a of this chapter or in accordance with  section  eleven  hundred
eleven-b  of this chapter as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] is contested or of a hearing at  which  liability  in  accordance
with section two thousand nine hundred eighty-five of the public author-
ities  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
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 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as separately amended by sections  11  of  chapters
20, 21, 22 and 383 of the laws of 2009, 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-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] 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-b of this chapter, as added by [section] SECTIONS sixteen of [the
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  of the laws of two thousand nine [which amended this para-
graph] 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 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws  of  1972,  are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR  AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER shall be held  before  a  hearing  examiner  in
accordance with rules and regulations promulgated by the bureau.
  g.  A  record  shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE  WITH  SECTION  ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER IS CONTESTED.  Recording devices may be used
for the making of the record.
  S 10. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
of the laws of 2009, are amended to read as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he or she may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or in accordance with section eleven hundred  eleven-b  of  this

A. 7744--B                          9

chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this subdivision] or the record
of  liabilities  incurred  in  accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen  hundred fifty of the person charged OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final  determinations  sustaining or dismissing charges shall be entered
on a final determination roll 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 section eleven  hundred  eleven-b  of  this  chapter  as  added  by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO  AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand
nine [which amended this subdivision] or fails to contest an  allegation
of liability in accordance with section two thousand nine hundred eight-
y-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 nine-
teen hundred fifty OR FAILS TO CONTEST AN  ALLEGATION  OF  LIABILITY  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 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  section
eleven  hundred  eleven-b of this chapter as added by [section] SECTIONS
sixteen of [the chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND
THREE  HUNDRED  EIGHTY-THREE  of  the  laws  of two thousand nine [which
amended this  subdivision]  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  EIGHTY-B  OF  THIS
CHAPTER  ALLEGED,  (2)  of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the  city  in  which  the
bureau has been established, or other court of civil jurisdiction or any
other  place  provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section  eleven
hundred  eleven-a  of  this chapter or in accordance with section eleven
hundred eleven-b of this chapter as added by [section] SECTIONS  sixteen
of  [the  chapter]  CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO AND THREE
HUNDRED EIGHTY-THREE of the laws of two  thousand  nine  [which  amended
this subdivision] or contesting an allegation of liability in accordance

A. 7744--B                         10

with section two thousand nine hundred eighty-five of the public author-
ities  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 EIGHTY-B OF THIS CHAPTER, as appropriate, or making  an  appear-
ance 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 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
of the laws of 2009, 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-b  of  this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE HUNDRED EIGHTY-THREE of the
laws of two thousand nine [which amended this subdivision] 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  determinations  sustaining  or
dismissing  charges shall be entered on a final determination roll main-
tained by the bureau together with records showing payment  and  nonpay-
ment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred  eleven-b  of  this  chapter  as added by
[section] SECTIONS sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE,
TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE of the laws  of  two  thousand
nine [which amended this subdivision], OR FAILS TO CONTEST AN ALLEGATION
OF  LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER, or fails to appear on a designated hearing date  or  subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation  of  the bureau, such failure to plead, 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-b of this chapter, as added by [section] SECTIONS

A. 7744--B                         11

sixteen of [the chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND
THREE  HUNDRED  EIGHTY-THREE  of  the  laws  of two thousand nine [which
amended this subdivision], alleged,  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-b of this
chapter as added by [section] SECTIONS sixteen of [the chapter] CHAPTERS
TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE  HUNDRED  EIGHTY-THREE  of  the
laws of two thousand nine [which amended this subdivision] 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-resi-
dents 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 10-b. 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 of the person charged, OR THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final  determi-
nation.  Final  determinations sustaining or dismissing charges shall be
entered on a final determination roll maintained by the bureau  together
with records showing payment and nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation OR FAILS TO CONTEST  AN  ALLEGATION  OF  LIABILITY  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

A. 7744--B                         12

charged  OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the  city  in  which
the bureau has been established, or other court of civil jurisdiction or
any  other  place  provided  for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by  entering  a
plea,  OR  CONTESTING  AN  ALLEGATION  OF  LIABILITY  IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance
within thirty days of the sending of such notice. Pleas  entered  within
that  period  shall  be  in  the manner prescribed in the notice and not
subject to additional penalty or fee. Such notice of  impending  default
judgment  shall not be required prior to the rendering and entry thereof
in the 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  11.  Subparagraph  (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as separately amended by sections  1
of  chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383 of
the laws of 2009, is amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of there is a certification from a  court,  parking  violations  bureau,
traffic  and  parking  violations  agency  or administrative tribunal of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction  that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed  to
comply  with  the  rules  and  regulations of an administrative tribunal
following entry of a final decision in response to a total of  three  or
more summonses or other process in the aggregate, issued within an eigh-
teen  month  period,  charging  either  that  (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed  as  a
motor  vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance,  rule
or  regulation  made  by  a  local  authority or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this  chap-
ter  or  section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this  chapter  OR
(III)  THE  REGISTRANT  WAS  LIABLE  IN  ACCORDANCE  WITH SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION  (C)  OR
(D)  OF  SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commissioner
or his or her agent shall deny the registration or  renewal  application
until  the  applicant provides proof from the court, traffic and parking
violations agency or 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 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

A. 7744--B                         13

of  the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of  this  subdivision  and
where  the  commissioner  has  reasonable  grounds  to believe that such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  S  11-a.  Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by sections 2 of chapters 19  and
23  and  sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
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 EIGHTY-B OF THIS CHAPTER FOR A
VIOLATION  OF SUBDIVISION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER, the commissioner or his or her agent shall deny the regis-
tration 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 adminis-
trative tribunal that he or she has complied with the  rules  and  regu-
lations  of  said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  11-b.  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

A. 7744--B                         14

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: (A) 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  (B)  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  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal that he 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 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 12. The vehicle and traffic law is amended by adding a  new  section
1180-b to read as follows:
  S  1180-B.  OWNER  LIABILITY  FOR  FAILURE  OF OPERATOR TO COMPLY WITH
APPLICABLE MAXIMUM SPEED LIMIT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  EACH  CITY  WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY
AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION  PROGRAM  IMPOSING
MONETARY  LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN  SUCH  CITY
IN  ACCORDANCE  WITH  THE  PROVISIONS  OF THIS SECTION.   SUCH CITY, FOR
PURPOSES OF THE IMPLEMENTATION OF  SUCH  PROGRAM,  SHALL  OPERATE  SPEED
LIMIT  PHOTO DEVICES WITHIN SUCH CITY AT NO MORE THAN FORTY AND NO FEWER
THAN TWENTY LOCATIONS AT ANY ONE TIME DURING ANY YEAR OF  SUCH  PROGRAM.
SUCH  SPEED LIMIT PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL BE
ACTIVATED AT LOCATIONS SELECTED BY SUCH CITY.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  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  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN
CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
SPEED LIMIT PHOTO DEVICES SHALL NOT INCLUDE  IMAGES  THAT  IDENTIFY  THE
DRIVER,  THE PASSENGERS OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEV-

A. 7744--B                         15

ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE,
PROVIDED  THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION.
  4. SUCH DEMONSTRATION PROGRAM SHALL INCLUDE A PROHIBITION ON  THE  USE
OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFOR-
MATION AND IMAGES CAPTURED BY SPEED CAMERAS EXCEPT AS REQUIRED TO ESTAB-
LISH  LIABILITY  UNDER  THIS  SECTION  OR  COLLECT PAYMENT OF PENALTIES;
EXCEPT AS REQUIRED TO RESPOND TO A REQUEST BY LAW ENFORCEMENT  OFFICIALS
PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMI-
NAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW.
  5.  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER"  SHALL HAVE THE MEANING
PROVIDED IN  SECTION  TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER.  FOR
PURPOSES  OF  THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL MEAN EQUIP-
MENT THAT TAKES A FILM OR DIGITAL CAMERA-BASED  PHOTOGRAPH,  MICROPHOTO-
GRAPH,  VIDEO,  OR OTHER RECORDED IMAGE WHICH IS LINKED WITH A VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  6. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY  IN  WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
TOR, OR A FACSIMILE  THEREOF,  BASED  UPON  INSPECTION  OF  PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN.  ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE 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 THIS SECTION.
  7. AN OWNER LIABLE FOR A  VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH A  SCHEDULE  OF  FINES  AND  PENALTIES
PROMULGATED  BY  THE  PARKING  VIOLATIONS BUREAU OF SUCH CITY; PROVIDED,
HOWEVER, THAT THE MONETARY PENALTY FOR DIVING AT A SPEED  IN  EXCESS  OF
THE  MAXIMUM  SPEED  LIMIT BY NOT MORE THAN TEN MILES PER HOUR SHALL NOT
EXCEED FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING  AT  A  SPEED  IN
EXCESS  OF THE MAXIMUM SPEED LIMIT BY MORE THAN TEN AND LESS THAN THIRTY
MILES PER HOUR SHALL NOT EXCEED SEVENTY-FIVE DOLLARS, AND  THE  MONETARY
PENALTY  FOR  DRIVING  IN EXCESS OF THE MAXIMUM SPEED LIMIT BY MORE THAN
THIRTY MILES PER HOUR  SHALL  NOT  EXCEED  ONE  HUNDRED  FIFTY  DOLLARS;
PROVIDED,  FURTHER,  THAT  AN  OWNER  SHALL  BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR  EACH  VIOLATION  FOR  THE
FAILURE  TO  RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
  8. AN IMPOSITION OF LIABILITY 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 VEHI-
CLE INSURANCE COVERAGE.
  9. (A) A NOTICE OF LIABILITY SHALL BE SENT  BY  FIRST  CLASS  MAIL  IN
ACCORDANCE  WITH  THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE AS AN
OWNER FOR A VIOLATION OF  SUBDIVISION  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE  REQUIRED.  A  MANUAL  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF  THE  FACTS
CONTAINED THEREIN.

A. 7744--B                         16

  (B)  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
(C)  OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE REGIS-
TRATION 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 SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C)  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 JUDGEMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  10. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF  LIABILITY  PURSUANT
TO  THIS  SECTION  FOR  ANY  TIME  PERIOD  DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL  BE  A
VALID  DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVI-
SION (C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  ARTICLE  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 SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL  TO  THE  PARKING  VIOLATIONS
BUREAU OF SUCH CITY.
  11.  (A)  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (C)  OR  (D)  OF  SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I)  PRIOR  TO  THE  VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II)  WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY,  THE  LESSOR  SUBMITS  TO
SUCH  BUREAU  THE  CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE  TIME  OF  SUCH  VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE  OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B) FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF  THIS
SUBDIVISION  SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
  (C) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A)  OF
THIS  SUBDIVISION,  THE  LESSEE  OF  SUCH  VEHICLE  ON  THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT  TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION.
  12. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF
SECTION  ELEVEN  HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.

A. 7744--B                         17

  13.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR  (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  14.  ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE
OF SPEED LIMIT PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO  THOUSAND
FOURTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  A  DESCRIPTION  OF  THE LOCATIONS WHERE SPEED LIMIT PHOTO DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
  (D) THE NUMBER OF FINES AND TOTAL AMOUNT OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section  1809  of  the vehicle and traffic law, as separately amended by
sections 4 of chapters 19 and 23 and sections 17 of chapters 20, 21,  22
and 383 of the laws of 2009, 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 OF LIABILITY OF
AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS CHAPTER, there shall be levied a crime victim assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations  pursuant
to  section two thousand nine hundred eighty-five of the public authori-

A. 7744--B                         18

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 OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION  (C)  OR  (D) 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 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  13-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by sections 5 of chapters 19 and 23  and  sections
18  of  chapters  20,  21, 22 and 383 of the laws of 2009, 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 OF
LIABILITY OF AN OWNER FOR A VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of twenty-five dollars.
  S  13-b. 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 (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of seventeen dollars.
  S  14.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (1) to read as follows:
  (1) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES  PRODUCED  BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC 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
date;
  (a) provided, however, that the amendments to subdivision 1 of section
235 of the vehicle and traffic law made by section one of this act shall
be subject to the expiration and reversion of such section  pursuant  to

A. 7744--B                         19

subdivision  (p)  of  section 406 of chapter 166 of the laws of 1991, as
amended, when upon such date the provisions of section one-a of this act
shall take effect;
  (b)  provided, further that the amendments to section 235 of the vehi-
cle and traffic law made by section one-a of this act shall  be  subject
to  the  expiration and reversion of such section pursuant to section 17
of chapter 746 of the laws of 1988, as amended, when upon such date  the
provisions of section one-b of this act shall take effect;
  (c) provided, further, that the amendments to section 235 of the vehi-
cle  and  traffic law made by section one-b of this act shall be subject
to the expiration and reversion of such section pursuant to  section  18
of  chapter 379 of the laws of 1992, as amended, when upon such date the
provisions of section one-c of this act shall take effect;
  (d) the amendments made to subdivision 1 of section 236 of the vehicle
and traffic law made by section two of this act shall be subject to  the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section two-a of this act shall take effect;
  (e) provided, further, that the amendments to section 236 of the vehi-
cle  and  traffic law made by section two-a of this act shall not affect
the expiration and reversion of such section pursuant  to  chapters  20,
21,  22 and 383 of the laws of 2009, as amended, when upon such date the
provisions of section two-b of this act shall take effect;
  (f) provided, further, that the amendments  made  to  paragraph  f  of
subdivision  1  of  section  239  of the vehicle and traffic law made by
section five of this act shall be subject to the expiration  and  rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of  1988,  as  amended,  when  upon  such date the provisions of section
five-a of this act shall take effect;
  (g) provided, further, the the amendments to paragraph f  of  subdivi-
sion  1  of  section  239 of the vehicle and traffic law made by section
five-a of this act shall be subject to the expiration and  reversion  of
such  paragraph  pursuant  to chapters 20, 21, 22 and 383 of the laws of
2009, as amended, when upon such date the provisions of  section  five-b
of this act shall  take effect;
  (h) provided, further, that the amendments to subdivision 4 of section
239 of the vehicle and traffic law made by section six of this act shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith, when upon such date the provisions of section six-a  of  this
act shall take effect;
  (i) provided, further, that the amendments to subdivision 1 of section
240  of  the  vehicle  and traffic law made by section seven of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  section 17 of chapter 746 of the laws of 1988, as amended,
when upon such date the provisions of section seven-a of this act  shall
take effect;
  (j) provided, further, that the amendments to subdivision 1 of section
240  of  the vehicle and traffic law made by section seven-a of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
when upon such date the provisions of section seven-b shall take effect;
  (k)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by section eight of this
act shall be subject to the expiration and reversion of such subdivision
pursuant to section 17 of chapter 746 of the laws of 1988,  as  amended,

A. 7744--B                         20

when  upon such date the provisions of section eight-a of this act shall
take effect;
  (l)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by  section  eight-a  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section eight-b  of  this
act shall take effect;
  (m)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section  nine  of this act shall be subject to the expiration and rever-
sion of such paragraph pursuant to section 17 of chapter 746 of the laws
of 1988, as amended, when upon  such  date  the  provisions  of  section
nine-a of this act shall take effect;
  (n)  provided,  further,  that the amendments to paragraphs a and g of
subdivision 2 of section 240 of the vehicle  and  traffic  law  made  by
section nine-a of this act shall be subject to the expiration and rever-
sion  of  such paragraphs pursuant to chapters 20, 21, 22 and 383 of the
laws of 2009, as amended, when upon such date the provisions of  section
nine-b of this act shall take effect;
  (o)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended, when upon such date the provisions of section ten-a of this act
shall take effect;
  (p)  provided, further, that the amendments to subdivisions 1 and 2 of
section 241 of the vehicle and traffic law made by section ten-a of this
act shall be subject to the expiration and reversion  of  such  subdivi-
sions  pursuant  to  chapters 20, 21, 22 and 383 of the laws of 2009, as
amended, when upon such date the provisions of section ten-b of this act
shall take effect;
  (q) provided, further, that the  amendments  to  subparagraph  (i)  of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law  made  by section eleven of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 17  of  chapter
746  of the laws of 1988, as amended, when upon such date the provisions
of section eleven-a of this act shall take effect;
  (r) provided, further, that the amendments to paragraph a of  subdivi-
sion  5-a  of section 401 of the vehicle and traffic law made by section
eleven-a of this act shall be subject to the expiration and reversion of
such paragraph pursuant to chapters 19, 20, 21, 22, 23 and  383  of  the
laws  of 2009, as amended, when upon such date the provisions of section
eleven-b of this act shall take effect;
  (r-1) provided, further, that  the  amendments  to  subdivision  1  of
section  1809  of the vehicle and traffic law made by sections thirteen,
thirteen-a and thirteen-b of this act shall not affect the expiration of
such subdivision and shall be deemed repealed therewith;
  (s) provided, further, that the amendments to  the  opening  paragraph
and  paragraph  (c)  of subdivision 1 of section 1809 of the vehicle and
traffic law made by section thirteen of this act shall be subject to the
expiration and reversion of such paragraphs pursuant to  section  10  of
chapter  19, sections 24 of chapters 20 and 383, sections 22 of chapters
21 and 22 and section 9 of chapter 23 of the laws of 2009,  as  amended,
when  upon  such  date  the provisions of section thirteen-a of this act
shall take effect;

A. 7744--B                         21

  (t) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen-a  of  this
act  shall  be  subject to the expiration and reversion of such subdivi-
sions pursuant to section 17 of chapter 746 of  the  laws  of  1988,  as
amended,  when  upon  such  date the provisions of section thirteen-b of
this act shall take effect.

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Assembly Bill A7744

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Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

co-Sponsors

Jonathan Bing

Joan Millman

Richard Gottfried

multi-Sponsors

Audrey Pheffer

Darryl Towns

Harvey Weisenberg

2009-A7744 - Details

2009-A7744 - Summary

2009-A7744 - Bill Text download pdf

co-Sponsors

Jonathan Bing

Joan Millman

Richard Gottfried

multi-Sponsors

Audrey Pheffer

Darryl Towns

Harvey Weisenberg

2009-A7744A - Details

2009-A7744A - Summary

2009-A7744A - Sponsor Memo

2009-A7744A - Bill Text download pdf

co-Sponsors

Jonathan Bing

Joan Millman

Richard Gottfried

multi-Sponsors

Audrey Pheffer

Darryl Towns

Harvey Weisenberg

2009-A7744B (ACTIVE) - Details

2009-A7744B (ACTIVE) - Summary

2009-A7744B (ACTIVE) - Sponsor Memo

2009-A7744B (ACTIVE) - Bill Text download pdf

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