Assembly Bill A10201

2009-2010 Legislative Session

Establishes in N.Y. city a bus rapid transit and bus mobility demonstration program to enforce certain restrictions

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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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 15, 2010	reported referred to codes
Mar 11, 2010	referred to transportation

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2009-A10201 (ACTIVE) - Details

See Senate Version of this Bill:: S7735
Current Committee:: Assembly Codes
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1111-c, V & T L; amd §87, Pub Off L

2009-A10201 (ACTIVE) - Summary

Establishes in a city with a population of one million or more a bus rapid transit and bus mobility demonstration program to enforce certain restrictions on the use of bus lanes by means of bus lane photo devices.

2009-A10201 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10201

TITLE  OF  BILL:    An  act to amend the vehicle and traffic law and the
public officers law, in relation to establishing in a city with a  popu-
lation  of  one  million  or  more  a  bus lane demonstration program to
enforce restrictions on the use of bus lanes by means of bus lane  photo
devices; and providing for the repeal of such provisions upon expiration
thereof

SUMMARY  OF PROVISIONS: This bill amends the Vehicle and Traffic Law and
the Public Officers Law to authorize the City of New York to establish a
Bus Lane Demonstration Program imposing liability on the owners of motor
vehicles found to be in violation of City restrictions on the use of bus
lanes through the use of bus lane photo devices. Bus lane photo  devices
will  record  data  by  photographic, micro-graphic, video tape, digital
video recorder or other recording methods and produce one or more images
or sequence of video images of the motor vehicle at the time  it  is  in
violation  of  bus lane restrictions. The bus lane photo devices will be
utilized exclusively within the routes receiving improvements as part of
the Bus Lane Demonstration Program.

JUSTIFICATION: The New York City Department of Transportation, in  coor-
dination with the MTA New York City Transit Authority, is implementing a
Bus  Lane Demonstration Program. In order to enhance the speed and reli-
ability of the City's buses, it is imperative that designated bus  lanes
remain free of parked and moving vehicles, trucks loading and unloading,

and  other  unauthorized  motor  vehicles.   These options are necessary
given the 53% rise in bus ridership in the City over the past  30  years
and  the  subsequent  reduction  in bus speeds due to increased traffic.
More than 20 bus lines average less than 10 mph during  midday.  Unreli-
ability is also a major concern, with many bus lines experience problems
due to bus bunching, gaps between service and buses running significant-
ly  off-schedule.  Each year the NYPIRG Straphangers Campaign awards the
"Pokey" to the slowest local bus route in New York City.  The  award  is
given  based on actual rides taken by Straphangers staff and volunteers,
In 2009 the slowest bus was the M42, with a travel time of 3.7 miles per
hour.  Given that the average walking speed for an  adult  is  around  3
miles per hour, riders are not much better off paying $2.25 for a cross-
town   trip.  Bus  lanes  are  meant  to  speed  buses  through  traffic
congestion. Bus riders deserve the assurance that their $2.25 fare  will
buy them a trip that is faster than walking,

To  ensure  the  success  of  the  Bus Lane Demonstration Program, it is
imperative that the designated bus lanes  remain  free  of  unauthorized
motor vehicles. This legislation will enhance the enforcement efforts of
the New York City Police Department, as the program operates in much the
same  manner  as the City's Red Light Camera Program, which has success-
fully reduced the incidence of red light violations.  Technology will be
used to capture photos or videos of vehicles that are  in  violation  of
the  City's  rules  regarding  bus lane restrictions, which specifically
preclude motor vehicles from standing, parking or driving within  a  bus
lane.  The images taken will then be used as evidence in a proceeding to

impose liability on the owner of the vehicle. The equipment may  consist
of fixed-location units, mobile units which can be moved around to vari-
ous  locations,  and/or  units mounted on the buses themselves. However,
the  use of bus lane photo devices will be limited to cover no more than
50 miles of bus lanes and operate only on weekdays from 7;00 am to  7:00
pm. The violation will be treated as the equivalent of a parking ticket;
therefore, no points will be assessed against the driver.

This  will,  in  turn, attract new ridership, helping to meet the City's
mobility, environmental, and public health goals.

PRIOR   LEGISLATIVE   HISTORY:        2009:    A.862-C    Referred    to
Transportation/S.2709-D Referred to Transportation.
2008: A.10233-B Referred to Transportation/S.7229-B Referred to Rules.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:  Unknown.

EFFECTIVE DATE: This act would 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
implementation of this act on its effective date shall be promulgated on
or before such date;

2009-A10201 (ACTIVE) - Bill Text download pdf

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

                                  10201

                          I N  A S S E M B L Y

                             March 11, 2010
                               ___________

Introduced  by  M.  of  A.  BING, KELLNER, ROSENTHAL, GOTTFRIED, CUSICK,
  BROOK-KRASNY, BENEDETTO, LANCMAN, MARKEY, SCHIMEL, CLARK,  CYMBROWITZ,
  O'DONNELL,  KAVANAGH,  P. RIVERA  --  Multi-Sponsored  by  -- M. of A.
  BENJAMIN,  GALEF,  GLICK,  GUNTHER,   HEASTIE,   HOYT,   HYER-SPENCER,
  JEFFRIES,   LATIMER,  LENTOL,  LIFTON,  M. MILLER,  MILLMAN,  PHEFFER,
  TITONE, TOBACCO, 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 a city with a population of one million
  or more a bus lane demonstration program to  enforce  restrictions  on
  the use of bus lanes by means of bus lane 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 section 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
nine  hundred  eighty-five  of  the  public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four

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

                                                           LBD15824-02-0

A. 10201                            2

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-a. Section 235 of the  vehicle  and  traffic  law,  as  separately
amended by section 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 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  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  1-b.  Section  235  of  the  vehicle and traffic law, as separately
amended by section 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 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 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.

A. 10201                            3

  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, 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 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 elev-
en  of  [this chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO AND THREE
HUNDRED EIGHTY-THREE 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,  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
IN  ACCORDANCE  WITH SECTION ELEVEN HUNDRED ELEVEN-C OF THIS CHAPTER 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,  stop-
ping or standing of a vehicle. In addition for purposes of this article,
"commissioner" shall mean and include the commissioner of traffic of the
city or an official possessing authority as such a commissioner.
  S  2-a.   Subdivision 1 of section 236 of the vehicle and traffic law,
as separately amended by section 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

A. 10201                            4

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,
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 elev-
en  of  this  chapter  in  accordance  with  such section eleven hundred
eleven-b as added by section 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 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 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  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,  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
section sixteen of [the chapter] CHAPTERS TWENTY, TWENTY-ONE, TWENTY-TWO
AND  THREE  HUNDRED EIGHTY-THREE of the laws of two thousand nine [which

A. 10201                            5

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
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,  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
chapter] CHAPTERS  TWENTY,  TWENTY-ONE,  TWENTY-TWO  AND  THREE  HUNDRED
EIGHTY-THREE  as  added by section sixteen of the chapter 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, 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
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 allega-
tion, or a person alleged to be liable in accordance with the provisions

A. 10201                            6

of 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 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-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
separately amended by section 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 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  subdivision
(d) of section eleven hundred eleven of this chapter contests such alle-
gation,  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 contest-
ing  that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability,  and  that  a
default judgment may be entered thereon.
  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, 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

A. 10201                            7

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 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  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-a. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  separately  amended  by section 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 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, 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,
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 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]  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 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 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]  is
contested  or of a hearing at which liability in accordance with section

A. 10201                            8

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, 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 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]  OR  A
HEARING  AT  WHICH  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, TWENTY-TWO AND THREE HUNDRED EIGHTY-THREE
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. 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 A HEARING AT  WHICH  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.  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, 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 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 liabil-
ities  incurred  in  accordance  with  section two thousand nine hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty of the person charged OR  THE  RECORD  OF
LIABILITIES  INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-C
OF THIS CHAPTER, as applicable prior to rendering a final determination.
Final determinations sustaining or dismissing charges shall  be  entered

A. 10201                            9

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,  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  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 FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN  ACCORD-
ANCE  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 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 sixteen of [the chapter] CHAPTERS TWEN-
TY, 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 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, TWENTY-TWO AND THREE HUNDRED
EIGHTY-THREE of the laws of two thousand nine [which amended this subdi-
vision], or contesting an allegation of  liability  in  accordance  with
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred seventy-four of the laws of nineteen hundred fifty OR CONTESTING
AN  ALLEGATION  OF  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
ELEVEN-C OF THIS CHAPTER, 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

A. 10201                           10

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, 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 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 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  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-b of this chapter as added by section
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 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,  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 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,  TWENTY-TWO  AND  THREE HUNDRED

A. 10201                           11

EIGHTY-THREE of the laws of two thousand nine [which amended this subdi-
vision] 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 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 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, 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

A. 10201                           12

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 section 1
of chapter 19, section 14 of chapters 20, 21, 22 and 383 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, 22 and 383 and section 2 of chapter 23 of
the laws of 2009, is amended to read as follows:

A. 10201                           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. 10201                           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  RESTRICTION.  (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 LANE DEMONSTRATION PROGRAM IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE  FOR  FAILURE  OF  AN  OPERATOR
THEREOF  TO  COMPLY  WITH  ANY  BUS  LANE  RESTRICTION IN SUCH A CITY IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE DEPARTMENT OF TRANS-
PORTATION OF SUCH A CITY OR THE  APPLICABLE  MASS  TRANSIT  AGENCY,  FOR
PURPOSES  OF THE IMPLEMENTATION OF A BUS LANE DEMONSTRATION PROGRAM, MAY
OPERATE BUS LANE PHOTO DEVICES ONLY TO  ENFORCE  BUS  LANE  RESTRICTIONS
IMPOSED  ON  ROUTES  WITHIN SUCH A PROGRAM IN SUCH A CITY. SUCH BUS LANE
PHOTO DEVICES MAY BE STATIONARY OR MOBILE  AND  SHALL  BE  ACTIVATED  AT
LOCATIONS  DETERMINED  BY  SUCH  DEPARTMENT  OF TRANSPORTATION 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  APPLICA-
BLE  MASS  TRANSIT  AGENCY  OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING
INITIATED BY THE DEPARTMENT OF MOTOR VEHICLES INVOLVING LICENSURE PRIVI-
LEGES OF BUS OPERATORS. A CITY AUTHORIZED  TO  INSTALL  BUS  LANE  PHOTO
DEVICES  PURSUANT  TO  THE  PROVISIONS  OF  THIS SECTION SHALL ADOPT AND
ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS,  PASSENGERS,  PEDES-
TRIANS  AND  CYCLISTS  WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE
CAPTURED BY SUCH BUS LANE PHOTO DEVICES. SUCH MEASURES SHALL INCLUDE:
  1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
PRACTICABLE,  THAT  PHOTOGRAPHS PRODUCED BY 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. 10201                           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 WITHIN RESTRICTED BUS LANES STATING
THAT BUS LANE PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON  VEHICU-
LAR TRAFFIC IN BUS LANES; AND
  4.  OVERSIGHT  PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
  WITHIN THE 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.
  (B) IN ANY CITY THAT HAS ESTABLISHED A BUS LANE 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 IS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR
IMPLIED,  IN  VIOLATION  OF  ANY BUS LANE RESTRICTION IMPOSED ON A ROUTE
WITHIN SUCH BUS  LANE  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 OPERATOR OF SUCH VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SUCH BUS LANE RESTRICTION.
  (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 A BUS LANE
RESTRICTION.
  3.  "BUS  LANE  RESTRICTION"  SHALL  MEAN  A RESTRICTION ON THE USE OF
DESIGNATED TRAFFIC LANES BY VEHICLES OTHER THAN BUSES IMPOSED BY RULE OR
SIGNS ERECTED BY THE DEPARTMENT OF TRANSPORTATION OF A CITY THAT  ESTAB-
LISHES A BUS LANE DEMONSTRATION PROGRAM PURSUANT TO THIS SECTION.
  4. "BUS LANE DEMONSTRATION PROGRAM" SHALL MEAN A PROGRAM THAT OPERATES
ON  ROUTES  RECEIVING ENHANCED MARKINGS AND/OR SIGNAGE DESIGNATED BY THE
DEPARTMENT OF TRANSPORTATION OF A CITY THAT ESTABLISHES  SUCH  A  DEMON-
STRATION PROGRAM PURSUANT TO THIS SECTION.
  (D)  A  CERTIFICATE, OR A FACSIMILE THEREOF, SWORN TO OR AFFIRMED BY A
TECHNICIAN EMPLOYED BY THE CITY IN WHICH THE CHARGED VIOLATION  OCCURRED
OR BY ITS VENDOR OR CONTRACTOR OR BY THE APPLICABLE MASS TRANSIT AGENCY,
BASED  UPON  INSPECTION  OF  PHOTOGRAPHS, 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 ADJUDI-
CATE 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 LANE DEMONSTRATION PROGRAM SHALL BE LIABLE FOR
MONETARY 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 VIOLATING A BUS LANE  RESTRICTION
SHALL NOT EXCEED ONE HUNDRED FIFTEEN 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.
  (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

A. 10201                           16

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 JUDGEMENT 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.
  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-

A. 10201                           17

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 LANE DEMONSTRATION 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  PRESI-
DENT  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, 22 and  383  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
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

A. 10201                           18

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, 22 and 383 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:
  (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. 10201                           19

  (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;
  (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,

A. 10201                           20

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.

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Assembly Bill A10201

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Archive: Last Bill Status - In Assembly Committee

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multi-Sponsors

2009-A10201 (ACTIVE) - Details

2009-A10201 (ACTIVE) - Summary

2009-A10201 (ACTIVE) - Sponsor Memo

2009-A10201 (ACTIVE) - Bill Text download pdf

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Assembly Bill A10201

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Sponsored By

BING

Archive: Last Bill Status - In Assembly Committee

Actions

co-Sponsors

Micah Kellner

Linda Rosenthal

Richard Gottfried

Michael Cusick

multi-Sponsors

Marc Alessi

James Bacalles

Michael Benjamin

Marcos Crespo

2009-A10201 (ACTIVE) - Details

2009-A10201 (ACTIVE) - Summary

2009-A10201 (ACTIVE) - Sponsor Memo

2009-A10201 (ACTIVE) - Bill Text download pdf

Comments