LBD03064-07-9
A. 862--C 2
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 AND TWENTY-TWO 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 accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS
LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, 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 section 2 of chapters 20, 21 and 22 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 sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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 IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION, 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 section 3 of chapters 20, 21 and 22 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 sixteen of
[the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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
A. 862--C 3
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
OWNERS IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP-
TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION,
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 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS
DEFINED IN SUCH SECTION, 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 section 4 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE
AND TWENTY-TWO 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 sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAP-
TER FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION.
Such tribunal, except in a city with a population of one million or
more, shall also have jurisdiction of abandoned vehicle violations. For
the purposes of this article, a parking violation is the violation of
any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
A. 862--C 4
S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law,
as separately amended by section 5 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE
AND TWENTY-TWO 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
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of
the laws of two thousand nine [which amended this subdivision], AND
SHALL ADJUDICATE LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE RESTRICTIONS
AS DEFINED IN SUCH SECTION. 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-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 IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS
OF BUS LANE RESTRICTIONS AS DEFINED IN SUCH SECTION. 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 LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED ELEVEN-C OF THIS CHAPTER FOR VIOLATIONS OF BUS LANE
RESTRICTIONS AS DEFINED IN SUCH SECTION.
S 5. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by section 8 of chapters 20, 21 and
22 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
A. 862--C 5
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 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWEN-
TY-TWO 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 authori-
ties 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 ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER.
S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as separately amended by section 9 of chapters 20, 21 and
22 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 sixteen of [the chapter] CHAPTERS TWENTY, TWEN-
TY-ONE AND TWENTY-TWO 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 ELEVEN HUNDRED ELEVEN-C 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 ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED ELEVEN-C 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 SECTION ELEVEN HUNDRED ELEVEN-C 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 SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER.
S 7. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately amended by section 10 of chapters 20, 21 and 22 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
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of
the laws of two thousand nine [which amended this paragraph], for a
A. 862--C 6
violation of subdivision (d) of section eleven hundred eleven of this
chapter contests such allegation, or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, OR A PERSON ALLEGED TO BE LIABLE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-C OF
THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN
SUCH SECTION CONTESTS SUCH ALLEGATION, 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 section 11 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE
AND TWENTY-TWO of the laws of two thousand nine [which amended this
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 ELEVEN
HUNDRED ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE
RESTRICTION AS DEFINED IN SUCH SECTION 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 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 ELEVEN-C OF
THIS CHAPTER FOR A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN
SUCH SECTION CONTESTS SUCH ALLEGATION, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he OR SHE must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of liabil-
ity, and that a default judgment may be entered thereon.
S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
separately amended by section 10 of chapters 20, 21 and 22 of the laws
of 2009, is amended to read as follows:
A. 862--C 7
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
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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 ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 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 section 11 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE
AND TWENTY-TWO of the laws of two thousand nine [which amended this
subdivision] OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-C 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-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 ELEVEN-C 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 section 10 of chapters 20, 21
and 22 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 sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand
nine [which amended this paragraph] 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
ELEVEN-C 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
A. 862--C 8
eleven-b of this chapter as added by section sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand
nine [which amended this paragraph] 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 ELEVEN-C 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 section 11 of chapters 20,
21 and 22 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 sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand
nine [which amended this paragraph] OR AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 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 sixteen of [the chapter]
CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two thousand
nine [which amended this paragraph] OR A HEARING AT WHICH LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 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
ELEVEN-C OF THIS CHAPTER shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C 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 section 12 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE AND TWENTY-TWO 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 ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as applicable
A. 862--C 9
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with section eleven hundred eleven-b of this chapter as added by section
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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 eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty OR FAILS TO CONTEST
AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER, or fails to 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 admis-
sion 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 sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE AND TWENTY-TWO 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 ELEVEN-C 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 sixteen of [the
chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO of the laws of two
thousand nine [which amended this subdivision] or contesting an allega-
tion of liability in accordance with section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty OR CONTESTING AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, 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
A. 862--C 10
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 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 section 13 of chapters 20, 21 and 22 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 sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which
amended this subdivision] of the person charged OR THE RECORD OF LIABIL-
ITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C 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-b of this chapter as added by section
sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE AND TWENTY-TWO 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 ELEVEN-C OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with section eleven hundred eleven-b of this
chapter, as added by section sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which
amended this subdivision], alleged OR LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-C 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 sixteen of [the chapter] CHAPTERS TWENTY,
TWENTY-ONE AND TWENTY-TWO of the laws of two thousand nine [which
A. 862--C 11
amended this subdivision] OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER, as
appropriate, or making an appearance within thirty days of the sending
of such notice. Pleas entered and allegations contested within that
period shall be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default judgment
shall not be required prior to the rendering and entry thereof in the
case of operators or owners who are non-residents of the state of New
York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea or
contesting an allegation. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he or she shall impose no greater penalty or
fine than those upon which the person was originally charged.
S 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, subdivi-
sion 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
ELEVEN-C 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 FAILS TO CONTEST AN ALLEGATION OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS
CHAPTER, or fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C
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-C 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
A. 862--C 12
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 section 1
of chapter 19, section 14 of chapters 20, 21 and 22 and section 1 of
chapter 23 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 ELEVEN-C OF THIS CHAPTER FOR A VIOLATION OF A BUS LANE
RESTRICTION AS DEFINED IN SUCH SECTION, 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 administra-
tive tribunal that he or she has complied with the rules and regulations
of said tribunal following entry of a final decision. Where an applica-
tion 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-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 2 of chapter 19,
section 15 of chapters 20, 21 and 22 and section 2 of chapter 23 of the
laws of 2009, is amended to read as follows:
A. 862--C 13
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority or (ii)
the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter OR (III) THE REGISTRANT WAS LIABLE
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A
VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the
commissioner or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he or she has complied with the rules and regulations of said tribunal
following entry of a final decision. Where an application is denied
pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
S 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 OR HER represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (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 ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER FOR A
VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, the
commissioner or his OR HER agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
A. 862--C 14
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his OR HER discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 12. The vehicle and traffic law is amended by adding a new section
1111-c to read as follows:
S 1111-C. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH BUS
LANE RESTRICTIONS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
CITY WITH A POPULATION OF ONE MILLION OR MORE IS HEREBY AUTHORIZED AND
EMPOWERED TO ESTABLISH A BUS RAPID TRANSIT AND BUS MOBILITY DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH BUS LANE RESTRICTIONS
IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE
DEPARTMENT OF TRANSPORTATION OF SUCH CITY, FOR PURPOSES OF THE IMPLEMEN-
TATION OF SUCH PROGRAM, SHALL OPERATE BUS LANE PHOTO DEVICES ONLY WITHIN
SUCH BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM IN SUCH
CITY. SUCH BUS LANE PHOTO DEVICES MAY BE STATIONARY OR MOBILE AND SHALL
BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF TRANSPORTA-
TION AND/OR ON BUSES SELECTED BY SUCH DEPARTMENT OF TRANSPORTATION IN
CONSULTATION WITH THE APPLICABLE MASS TRANSIT AGENCY. ANY MOBILE BUS
LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM SUCH
BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF BUS LANE
RESTRICTIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR
ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES
TO BE PRODUCED. ANY IMAGE OR IMAGES CAPTURED BY STATIONARY BUS LANE
PHOTO DEVICES SHALL BE INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING
CONVENED BY THE APPLICABLE MASS TRANSIT AGENCY OR ANY SUBSIDIARY THEREOF
AND ANY PROCEEDING INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLV-
ING LICENSURE PRIVILEGES OF BUS OPERATORS. A CITY AUTHORIZED TO INSTALL
A BUS LANE PHOTO DEVICE PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL
ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSEN-
GERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTITY AND IDENTIFYING INFORMA-
TION MAY BE CAPTURED BY A BUS LANE PHOTO DEVICE. SUCH MEASURES SHALL
INCLUDE:
1. UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH BUS LANE PHOTO DEVICES
SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE
DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE;
2. A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY BUS LANE
PHOTO DEVICES EXCEPT AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS
SECTION OR COLLECT PAYMENT OF PENALTIES; OR TO RESPOND TO REQUESTS BY
A. 862--C 15
LAW ENFORCEMENT OFFICIALS PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC
INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY
LAW;
3. THE INSTALLATION OF SIGNAGE AT REGULAR INTERVALS WITHIN RESTRICTED
BUS LANES STATING THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE
RESTRICTIONS ON VEHICULAR TRAFFIC IN BUS LANES; AND
4. OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
WITHIN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SUCH BUS LANE
PHOTO DEVICES SHALL BE OPERATED ON NO MORE THAN FIFTY MILES OF BUS LANES
WITHIN SUCH CITY AND ONLY DURING WEEKDAYS FROM 7:00 A.M. TO 7:00 P.M.
(B) IN ANY CITY THAT HAS ESTABLISHED A BUS RAPID TRANSIT AND BUS
MOBILITY DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS
SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY BUS
LANE RESTRICTIONS THAT APPLY TO ROUTES WITHIN SUCH DEMONSTRATION
PROGRAM, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A
BUS LANE PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL
BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPER-
ATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF
ANY BUS LANE RESTRICTIONS.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL MEAN:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "BUS LANE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF
OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR
MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF BUS LANE
RESTRICTIONS.
3. "BUS LANE RESTRICTIONS" SHALL MEAN RESTRICTIONS ON THE USE OF
DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED ON ROUTES
WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM BY
RULE OR SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT
ESTABLISHES SUCH A DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION.
4. "BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION PROGRAM" SHALL
MEAN A PROGRAM THAT OPERATES ON ROUTES DESIGNATED BY THE DEPARTMENT OF
TRANSPORTATION OF A CITY THAT ESTABLISHES SUCH A DEMONSTRATION PROGRAM
PURSUANT TO THIS SECTION AND SHALL OPERATE ON ROUTES RECEIVING IMPROVE-
MENTS AS PART OF SUCH PROGRAM. SUCH IMPROVEMENTS SHALL INCLUDE UPGRADED
SIGNAGE AND ENHANCED MARKINGS OF THE TRAFFIC LANES DESIGNATED FOR BUSES,
AND MAY INCLUDE, BUT NOT BE LIMITED TO, SIGNALS THAT PROLONG THE GREEN
PHASE FOR APPROACHING BUSES, OFF-BOARD FARE COLLECTION, AND OTHER SIMI-
LAR IMPROVEMENTS.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY IN WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR
CONTRACTOR, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
A BUS LANE 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.
(E) AN OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION IMPOSED
ON ANY ROUTE WITHIN A BUS RAPID TRANSIT AND BUS MOBILITY DEMONSTRATION
PROGRAM SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A
SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS
A. 862--C 16
BUREAU OF SUCH CITY; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR
VIOLATING A BUS LANE RESTRICTION SHALL NOT EXCEED ONE HUNDRED FIFTEEN
DOLLARS; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDI-
TIONAL 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.
(F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF 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.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A
MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF
BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A BUS LANE
RESTRICTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE BUS LANE
PHOTO DEVICE WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
(H) 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 A BUS
LANE RESTRICTION THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS
STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOV-
ERED 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.
(I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF A BUS LANE RESTRICTION, 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.
A. 862--C 17
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE 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 (G) OF THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF A BUS LANE RESTRICTION WAS
NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER
MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF BUS LANE RESTRICTIONS.
(L) ANY CITY THAT ADOPTS A BUS RAPID TRANSIT AND BUS MOBILITY DEMON-
STRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF BUS LANE 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:
1. A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE BUS LANE PHOTO
DEVICES WERE USED;
2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
7. THE 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
section 4 of chapter 19, section 17 of chapters 20, 21 and 22 and
section 4 of chapter 23 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 IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A VIOLATION OF A
BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there shall be levied a
crime victim assistance fee and a mandatory surcharge, in addition to
any sentence required or permitted by law, in accordance with the
following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
A. 862--C 18
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty OR OTHER THAN
AN ADJUDICATION IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF
THIS CHAPTER OF A VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH
SECTION, 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. The opening paragraph of subdivision 1 of section 1809 of the
vehicle and traffic law, as separately amended by section 5 of chapter
19, section 18 of chapters 20, 21 and 22 and section 5 of chapter 23 of
the laws of 2009, is amended to read as follows:
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 regu-
lation adopted pursuant to this chapter, other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter OR OTHER THAN AN ADJUDICATION IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A
VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there
shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of twenty-five dollars.
S 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
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER OF A
VIOLATION OF A BUS LANE RESTRICTION AS DEFINED IN SUCH SECTION, there
shall be levied a mandatory 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 (l) to read as follows:
A. 862--C 19
(L) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A BUS LANE PHOTO DEVICE PREPARED UNDER THE AUTHORITY
OF SECTION ELEVEN HUNDRED ELEVEN-C 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 7 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided that any rules and regulations necessary for the implemen-
tation 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
not affect the expiration of such section and shall be deemed to expire
therewith, when upon such date the provisions of section one-a of this
act shall take effect, provided, further, however, that the amendments
to section 235 of the vehicle and traffic law made by section one-a of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith, when upon such date the provisions of
section one-b of this act shall take effect; provided, further, however,
that the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
(b) provided, further, that 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, when upon such date the provisions of section two-a of
this act shall take effect; provided, further, that the amendments to
subdivision 1 of section 236 of the vehicle and traffic law made by
section two-a of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith, when upon such date the
provisions of section two-b of this act shall take effect;
(c) provided, further, that the amendments to paragraph f of subdivi-
sion 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, when upon such date the provisions
of section five-a of this act shall take effect; provided, further, that
the amendments to paragraph f of subdivision 1 of section 239 of the
vehicle and traffic law made by section five-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section five-b of this
act shall take effect;
(d) 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;
(e) 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 not affect the expiration of such subdivision and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-a of this act shall take effect; 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 not affect the expiration
of such subdivision and shall be deemed to expire therewith, when upon
such date the provisions of section seven-b of this act shall take
effect;
A. 862--C 20
(f) 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 not affect the expiration of such subdivision and shall be
deemed to expire therewith, when upon such date the provisions of
section eight-a of this act shall take effect; 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 not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section eight-b of this act shall
take effect;
(g) 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 not affect the expiration of such para-
graphs and shall be deemed to expire therewith, when upon such date the
provision of section nine-a of this act shall take effect; 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 not affect the expiration of such subdivision and shall
be deemed to expire therewith, when upon such date the provisions of
section nine-b of this act shall take effect;
(h) 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 not affect the expiration of such subdivisions and shall be
deemed to expire therewith, when upon such date the provisions of
section ten-a of this act shall take effect; 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 not affect the expi-
ration of such subdivisions and shall be deemed to expire therewith,
when upon such date the provisions of section ten-b of this act shall
take effect;
(i) 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 not affect the expiration
of such paragraph and shall be deemed to expire therewith, when upon
such date the provisions of section eleven-a of this act shall take
effect; provided, further, that the amendments to paragraph a of subdi-
vision 5-a of section 401 of the vehicle and traffic law made by section
eleven-a of this act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith, when upon such date the
provisions of section eleven-b of this act shall take effect;
(j) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen of this act
shall not affect the expiration of such subdivision pursuant to section
406 of chapter 166 of the laws of 1991, as amended, and shall be deemed
to expire therewith, when upon such date the provisions of section thir-
teen-a of this act shall take effect; and
(k) 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 not affect the expiration of such subdivision pursuant to
chapter 746 of the laws of 1988, as amended, and shall be deemed to
expire therewith, when upon such date the provisions of section thir-
teen-b of this act shall take effect.