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

                                  7330

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2009
                               ___________

Introduced  by M. of A. SPANO -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, the general municipal  law,
  and  the public officers law, in relation to owner liability for fail-
  ure of operator  to  comply  with  traffic  control  indications;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. Subdivision 1 of section 235 of  the  vehicle  and  traffic
law,  as  amended by chapter 379 of the laws of 1992, is amended to read
as follows:
  1. Notwithstanding any inconsistent provision of any general,  special
or  local  law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized  to  establish  an  administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting  parking,  standing  or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a  of  this chapter, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF 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 OF THE LAWS OF TWO THOU-
SAND 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
of  the  laws of nineteen hundred fifty, such tribunal and the rules and
regulations pertaining  thereto  shall  be  constituted  in  substantial
conformance with the following sections.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10851-01-9

              

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  S    2.  Section  235  of  the  vehicle and traffic law, as separately
amended by chapter 746 of the laws of 1988 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 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 OF
THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION, or to  adjudi-
cate  the  liability  of  owners for violations of toll collection regu-
lations as defined in and in accordance with the provisions  of  section
two  thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws of nineteen hundred fifty, such tribunal and
the rules and regulations pertaining thereto  shall  be  constituted  in
substantial conformance with the following sections.
  S 3. 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 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 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,  such  tribunal  and the rules and regulations pertaining thereto
shall be constituted  in  substantial  conformance  with  the  following
sections.
  S  4.  Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a OF  THIS  CHAPTER  OR
SUBDIVISION  (A)  OF  SECTION ELEVEN HUNDRED ELEVEN-B of this chapter AS
ADDED BY SECTION SIXTEEN OF THE CHAPTER 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

A. 7330                             3

THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVI-
SION 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. 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.
  S 5. 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, 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 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 OF THE LAWS OF TWO THOUSAND NINE
WHICH  AMENDED  THIS  SUBDIVISION.   For the purposes of this article, a
parking violation is the  violation  of  any  law,  rule  or  regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and  include  the  commissioner  of  traffic  of the city or an official
possessing authority as such a commissioner.
  S 6. Subdivision 10 of section 237 of the vehicle and traffic law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  10. To adjudicate the liability of owners for violations  of  subdivi-
sion  (d) of section eleven hundred eleven of this chapter in accordance
with section eleven hundred eleven-a OF THIS CHAPTER OR  SECTION  ELEVEN
HUNDRED  ELEVEN-B  of  this  chapter  AS ADDED BY SECTION SIXTEEN OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVISION,
if authorized by local law adopted pursuant to subdivision (a)  of  such
section  eleven  hundred eleven-a OR PURSUANT TO SUBDIVISION (A) OF SUCH
SECTION ELEVEN HUNDRED ELEVEN-B AS ADDED BY SECTION SIXTEEN OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVISION;
  S 7. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 10 to read as follows:
  10. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVI-
SION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER AS ADDED BY SECTION
SIXTEEN OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH ADDED THIS
SUBDIVISION, IF AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO  SUBDIVISION
(A)  OF SUCH SECTION ELEVEN HUNDRED ELEVEN-B AS ADDED BY SECTION SIXTEEN
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH ADDED THIS  SUBDI-
VISION.

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  S  8.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by chapter 379 of the laws of 1992,  is  amended
to read as follows:
  f.  "Notice  of  violation"  means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven  of  this  article,
but shall not be deemed to include a notice of liability issued pursuant
to  authorization  set  forth in section eleven hundred eleven-a OF THIS
CHAPTER OR SECTION ELEVEN HUNDRED ELEVEN-B of this chapter 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 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  9.  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 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 OF THE LAWS OF TWO THOU-
SAND NINE WHICH AMENDED THIS PARAGRAPH.
  S 10. Subdivisions 1 and 1-a and paragraphs a and g of  subdivision  2
of section 240 of the vehicle and traffic law, as amended by chapter 379
of the laws of 1992, are amended to read as follows:
  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 OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED
THIS PARAGRAPH, for a violation of subdivision  (d)  of  section  eleven
hundred  eleven  of  this  chapter contests such allegation, or a person
alleged to be liable in accordance with the provisions  of  section  two
thousand  nine  hundred  eighty-five  of  the  public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of nineteen hundred fifty, the bureau shall
advise such person personally by such form of first class  mail  as  the
director may direct of the date on which he OR SHE must appear to answer
the  charge at a hearing. The form and content of such notice of hearing
shall be prescribed by the director, and  shall  contain  a  warning  to
advise  the  person  so pleading or contesting that failure to appear on
the date designated, or on  any  subsequent  adjourned  date,  shall  be
deemed  an  admission  of  liability, and that a default judgment may be
entered thereon.
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in  accordance  with  section eleven hundred eleven-a OF THIS CHAPTER OR
SECTION ELEVEN HUNDRED ELEVEN-B of this  chapter  AS  ADDED  BY  SECTION
SIXTEEN  OF  THE  CHAPTER 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, 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

A. 7330                             5

any notice of fine or penalty to that person prior to the  date  of  the
hearing.
  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 OF
THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS PARAGRAPH or 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 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  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  thou-
sand  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.  Recording  devices
may be used for the making of the record.
  S  11.  Subdivisions 1 and 1-a and paragraphs a and g of subdivision 2
of section 240 of the vehicle and traffic law, subdivision 1 as added by
chapter 715 of the laws of 1972, subdivision 1-a as added by chapter 365
of the laws of 1978 and paragraphs a and g of subdivision 2 as added  by
chapter 715 of the laws of 1972, are amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty OR A PERSON ALLEGED TO  BE  LIABLE
IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER AS
ADDED BY SECTION SIXTEEN OF THE CHAPTER 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,
the bureau shall advise such person personally by  such  form  of  first
class  mail  as  the  director  may  direct of the date on which he must
appear to answer the charge at a hearing. The form and content  of  such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading OR CONTESTING that failure to
appear  on  the  date  designated,  or on any subsequent adjourned date,
shall be deemed an admission of liability, and that a  default  judgment
may be entered thereon.
  1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS  CHAPTER,  AS
ADDED BY SECTION SIXTEEN OF THE CHAPTER 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.
  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 OF
THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS PARAGRAPH shall be held
before a hearing examiner  in  accordance  with  rules  and  regulations
promulgated by the bureau.

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  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  OF
THE  LAWS  OF TWO THOUSAND NINE WHICH AMENDED THIS PARAGRAPH.  Recording
devices may be used for the making of the record.
  S  12.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, are amended to  read
as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he OR SHE may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a OF THIS
CHAPTER OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  ELEVEN-B  of  this
chapter  AS  ADDED  BY SECTION SIXTEEN OF THE CHAPTER 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,  as  applicable
prior  to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau  together  with  records  showing  payment  and
nonpayment of penalties.
  2.  Where  an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of  liability  in  accordance
with  section  eleven  hundred eleven-a OF THIS CHAPTER OR IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-B of this chapter AS ADDED BY SECTION
SIXTEEN OF THE CHAPTER 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 appear on a designated  hearing  date  or  subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead or contest, appear or comply
shall  be  deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment  in  an  amount
provided  by the rules and regulations of the bureau. However, after the
expiration of the original date  prescribed  for  entering  a  plea  and
before a default judgment may be rendered, in such case the bureau shall
pursuant  to  the  applicable  provisions of law notify such operator or
owner, by such form of first class mail as the  commission  may  direct;
(1)  of  the  violation charged, or liability in accordance with section
eleven hundred eleven-a OF THIS CHAPTER OR IN  ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED  ELEVEN-B of this chapter AS ADDED BY SECTION SIXTEEN OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVI-
SION 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, (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

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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 OF THE LAWS OF TWO THOUSAND NINE WHICH
AMENDED  THIS  SUBDIVISION  or  contesting an allegation of liability in
accordance with section two thousand nine  hundred  eighty-five  of  the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
fifty, 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  shall impose no greater penalty or fine
than those upon which the person was originally charged.
  S 13. Subdivisions 1 and 2 of section 241 of the vehicle  and  traffic
law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he OR SHE may examine  EITHER
the  prior  parking  violations  record  OR  THE  RECORD  OF LIABILITIES
INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  ELEVEN-B  OF  THIS
CHAPTER  AS  ADDED  BY SECTION SIXTEEN OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND NINE WHICH AMENDED THIS SUBDIVISION of the person  charged,  AS
APPLICABLE  prior  to  rendering  a  final determination. Final determi-
nations sustaining or dismissing charges shall be  entered  on  a  final
determination  roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  OR  CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER AS ADDED BY SECTION
SIXTEEN OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  NINE  WHICH  AMENDED
THIS  SUBDIVISION,  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 OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVI-
SION,  ALLEGED,  (2)  of  the  impending default judgment, (3) that such

A. 7330                             8

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 OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SUBDIVISION,
AS  APPROPRIATE, or making an appearance within thirty days of the send-
ing 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 14. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as amended by chapter 496 of the laws of 1990, subparagraph
(i)  as  designated and subparagraph (ii) as added by chapter 373 of the
laws of 1994, is amended to read as follow:
  a. (i) If at the time of application for  a  registration  or  renewal
thereof  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, the
commissioner or his OR HER agent shall deny the registration or  renewal
application  until  the applicant provides proof from the court, traffic
and parking violations agency or  administrative  tribunal  wherein  the
charges are pending that an appearance or answer has been made or in the
case  of an administrative tribunal that he OR SHE has complied with the
rules and regulations of said tribunal following entry of a final  deci-
sion.  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

A. 7330                             9

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.
  (ii) For purposes of this paragraph, the term "motor vehicle  operated
for  hire" shall mean and include a taxicab, livery, coach, limousine or
tow truck.
  S 15. 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 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, the commissioner or  his  OR  HER
agent  shall  deny  the  registration  or  renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein 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  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  16.  The vehicle and traffic law is amended by adding a new section
1111-b to read as follows:
  S 1111-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL  INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE CITY OF YONKERS IS HEREBY AUTHORIZED AND EMPOWERED TO  ADOPT
AND  AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION PROGRAM
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF  AN
OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN SUCH CITY
IN  ACCORDANCE  WITH  THE PROVISIONS OF THIS SECTION. SUCH DEMONSTRATION
PROGRAM SHALL EMPOWER SUCH CITY TO INSTALL AND  OPERATE  TRAFFIC-CONTROL
SIGNAL  PHOTO  VIOLATION-MONITORING  DEVICES AT NO MORE THAN TWENTY-FIVE
INTERSECTIONS WITHIN SUCH CITY AT ANY ONE TIME.

A. 7330                            10

  2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES  TO
ENSURE,  TO  THE  EXTENT  PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
TRAFFIC-CONTROL SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL  NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF  THE  VEHICLE.  PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A  PHOTOGRAPH
OR  PHOTOGRAPHS  ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH CITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL  BE
LIABLE  FOR  A  PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE
WAS USED OR OPERATED WITH  THE  PERMISSION  OF  THE  OWNER,  EXPRESS  OR
IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN  OF  THIS  ARTICLE,  AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF YONKERS IN  WHICH  THE  CHARGED  VIOLATION  OCCURRED,  OR  A
FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE  EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING SUCH A VIOLATION SHALL BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE  THE  LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
  (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
NANCE  ADOPTED  PURSUANT  TO  THIS  SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH CITY BY  LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR  ORDINANCE  MAY  PROVIDE  FOR  AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF  THE  PERSON  UPON
WHOM  SUCH  LIABILITY  IS  IMPOSED  NOR  SHALL  IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.

A. 7330                            11

  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
SECTION,  THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE,  THE  DATE  AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE  MAY  CONTEST  THE
LIABILITY  ALLEGED  IN  THE  NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
YONKERS, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO  PREPARE  AND
MAIL SUCH NOTIFICATION OF VIOLATION.
  (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY  THE  COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS, EXCEPT THAT
IF SUCH CITY HAS ESTABLISHED AN  ADMINISTRATIVE  TRIBUNAL  TO  HEAR  AND
DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STAND-
ING  OR  STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH
ADJUDICATION BY SUCH TRIBUNAL.
  (I) IF AN OWNER RECEIVES  A  NOTICE  OF  LIABILITY  PURSUANT  TO  THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE  DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT  THE
VEHICLE  HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE  STOLEN  VEHICLE
BE  SENT  BY  FIRST  CLASS  MAIL TO THE TRAFFIC VIOLATIONS BUREAU, COURT
HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
  (J) 1. IN SUCH CITY WHERE THE ADJUDICATION OF LIABILITY  IMPOSED  UPON
OWNERS  PURSUANT  TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A
COURT HAVING JURISDICTION, AN OWNER WHO IS A  LESSOR  OF  A  VEHICLE  TO
WHICH  A  NOTICE  OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF
THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE  OR  SHE
SENDS  TO  THE  TRAFFIC VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A
COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING  SUCH
VEHICLE  ON  THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE
LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING  NOTICE
FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
ER  WITH  THE  OTHER  INFORMATION  CONTAINED  IN  THE ORIGINAL NOTICE OF
LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  BY
THIS  SECTION.  WHERE  THE  LESSOR  COMPLIES WITH THE PROVISIONS OF THIS

A. 7330                            12

PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON  THE  DATE  OF  SUCH  VIOLATION
SHALL  BE  DEEMED  TO  BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO  SUBDIVISION
(G) OF THIS SECTION.
  2.  (I)  IN  SUCH CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDI-
CATION OF LIABILITY IMPOSED UPON OWNERS BY THIS  SECTION  BY  A  PARKING
VIOLATIONS  BUREAU,  AN  OWNER  WHO  IS A LESSOR OF A VEHICLE TO WHICH A
NOTICE OF LIABILITY WAS ISSUED  PURSUANT  TO  SUBDIVISION  (G)  OF  THIS
SECTION  SHALL  NOT  BE  LIABLE  FOR THE VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
  (A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH  THE  BUREAU  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE DATE AND TIME OF A LIABILITY, TOGETHER WITH  THE  OTHER  INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED  IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY  REQUIRED  BY  THE  BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II)  FAILURE  TO  COMPLY  WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE  PENALTY  PRESCRIBED  IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO  BE  THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT  TO  THIS  SECTION  AND
SHALL  BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
  (K) 1. IF THE OWNER LIABLE FOR  A  VIOLATION  OF  SUBDIVISION  (D)  OF
SECTION  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF  THE  VIOLATION,  THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  2.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS  OPERATING  SUCH
VEHICLE  WITH  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M) IN ANY SUCH CITY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT  TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT AN ANNUAL REPORT
ON   THE   RESULTS   OF  THE  USE  OF  A  TRAFFIC-CONTROL  SIGNAL  PHOTO
VIOLATION-MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT  OF
THE  SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO
THOUSAND TEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN  WHICH  THE
DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO:

A. 7330                            13

  1.  A  DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT  OF  MOTOR
VEHICLES OF THIS STATE;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
  4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5. THE TOTAL NUMBER OF NOTICES  OF  LIABILITY  ISSUED  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6.  THE  NUMBER  OF  FINES  AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS  OF  SUCH  ADJUDI-
CATIONS   INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR  VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH CITY IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT  TO
A  LOCAL  LAW  OR  ORDINANCE  ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE  MALFUNCTIONING  AT  THE  TIME  OF  THE
ALLEGED VIOLATION.
  S  17.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 2  of
part  DD  of  chapter  56  of  the  laws of 2008, 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, there shall be levied a crime  victim  assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section

A. 7330                            14

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, 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 18. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by chapter 190 of the laws  of  1990,  is  amended  to  read  as
follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment  or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-a of this chapter, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D)  OF  SECTION
ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-B OF THIS CHAPTER, 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 19. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
and  traffic  law, as added by section 1 of part EE of chapter 56 of the
laws of 2008, is amended to read as follows:
  a.  Notwithstanding any other provision of law,  whenever  proceedings
in  a  court  or  an  administrative  tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION
OF  SUBDIVISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B  OF  THIS  CHAPTER,  and
except  an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section  two  thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence,  penalty  or  other surcharge required or permitted by law, an
additional surcharge of twenty dollars.
  S 20. Subdivision 1 of section 371 of the general  municipal  law,  as
amended  by  chapter  496  of  the  laws  of 1990, is amended to read as
follows:

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  1. A traffic violations bureau so established  may  be  authorized  to
dispose of violations of traffic laws, ordinances, rules and regulations
when  such offenses shall not constitute the traffic infraction known as
speeding or a misdemeanor or felony, and, if authorized by local law  or
ordinance,  to  adjudicate  the  liability  of  owners for violations of
subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
traffic  law  in accordance with section eleven hundred eleven-a OF SUCH
LAW OR SECTION ELEVEN HUNDRED ELEVEN-B of such law AS ADDED  BY  SECTION
SIXTEEN  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED
THIS SECTION.
  S 21. Section 371 of the general municipal law, as amended by  chapter
802 of the laws of 1949, is amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-
ny,  AND,  IF  AUTHORIZED  BY  LOCAL LAW OR ORDINANCE, TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED  ELEVEN-B OF SUCH LAW AS ADDED BY SECTION SIXTEEN OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND NINE WHICH AMENDED THIS SECTION,  by
permitting a person charged with an offense within the limitations here-
in stated, to answer, within a specified time, at the traffic violations
bureau, either in person or by written power of attorney in such form as
may  be  prescribed  in  the  ordinance creating the bureau, by paying a
prescribed fine and, in writing, waiving a hearing  in  court,  pleading
guilty  to  the  charge  OR  ADMITTING  LIABILITY  AS  AN  OWNER FOR THE
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN  HUNDRED  ELEVEN  OF  THE
VEHICLE  AND TRAFFIC LAW, AS THE CASE MAY BE, and authorizing the person
in charge of the bureau to make such a plea OR ADMISSION and pay such  a
fine  in court.  Acceptance of the prescribed fine and power of attorney
by the bureau shall be deemed complete satisfaction for the violation OR
OF THE LIABILITY, and the violator OR OWNER LIABLE FOR  A  VIOLATION  OF
SUBDIVISION  (D)  OF  SECTION  ELEVEN  HUNDRED ELEVEN OF THE VEHICLE AND
TRAFFIC LAW shall be given a  receipt  which  so  states.  If  a  person
charged  with  a  traffic  violation  does  not  answer  as hereinbefore
prescribed, within a designated time, the bureau shall cause a complaint
to be entered against him OR HER forthwith and a warrant  to  be  issued
for  his  OR  HER arrest and appearance before the court. Any person who
shall have been, within the preceding twelve months, guilty of a  number
of  parking violations in excess of such maximum number as may be desig-
nated by the court, or of three or more violations  other  than  parking
violations,  shall not be permitted to appear and answer to a subsequent
violation at the traffic violations bureau, but must appear in court  at
a time specified by the bureau. Such traffic violations bureau shall not
be  authorized  to deprive a person of his OR HER right to counsel or to
prevent him OR HER from exercising his OR HER right to appear  in  court
to  answer to, explain, or defend any charge of a violation of any traf-
fic law, ordinance, rule or regulation.
  S 22. Subdivision 2 of section  87  of  the  public  officers  law  is
amended by adding a new paragraph (k) to read as follows:
  (K)  ARE  PHOTOGRAPHS,  MICROPHOTOGRAPHS,  VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN  HUNDRED  ELEVEN-B  OF
THE VEHICLE AND TRAFFIC LAW.
  S  23.  The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-b of the vehicle  and  traffic  law

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shall be subject to the provisions of section 103 of the general munici-
pal law.
  S  24.  This act shall take effect on the thirtieth day after it shall
have become a law and shall expire December 1, 2014 when upon such  date
the provisions of this act shall be deemed repealed; provided that:
  (a)  the amendments to section 235 of the vehicle and traffic law made
by section one of this act shall be subject to the expiration and rever-
sion of such section pursuant to subdivision (p) of section 406 of chap-
ter 166 of the laws of  1991,  as  amended,  when  upon  such  date  the
provisions of section two of this act shall take effect;
  (b)  the amendments to section 235 of the vehicle and traffic law made
by section two of this act shall be subject to the expiration and rever-
sion of such section pursuant to section 17 of chapter 746 of  the  laws
of 1988, as amended, when upon such date the provisions of section three
of this act shall take effect;
  (c) the amendments made to subdivision 1 of section 236 of the vehicle
and traffic law made by section four of this act shall be subject to the
expiration  and  reversion of such subdivision pursuant to section 17 of
chapter 746 of the laws of 1988, as amended, when  upon  such  date  the
provisions of section five of this act shall take effect;
  (d)  the amendments made to subdivision 10 of section 237 of the vehi-
cle and traffic law made by section six of this act shall be subject  to
the  repeal of such subdivision pursuant to section 17 of chapter 746 of
the laws of 1988, as amended, when upon  such  date  the  provisions  of
section seven of this act shall take effect;
  (e) the amendments made to paragraph f of subdivision 1 of section 239
of  the  vehicle and traffic law made by section eight of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such date the provisions of section nine of this act shall take effect;
  (f) the amendments made to subdivisions 1 and 1-a and paragraphs a and
g of subdivision 2 of section 240 of the vehicle and traffic law made by
section ten of this act shall be subject to the expiration and reversion
of  such provisions pursuant to section 17 of chapter 746 of the laws of
1988, as amended, when upon such date the provisions of  section  eleven
of this act shall take effect;
  (g)  the amendments made to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section twelve  of  this  act  shall  be
subject to the expiration and reversion of such subdivisions pursuant to
section  17  of  chapter  746 of the laws of 1988, as amended, when upon
such date the provisions of section thirteen  of  this  act  shall  take
effect;
  (h) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle  and traffic law made by section fourteen of this act shall
be subject to the expiration and reversion of such paragraph pursuant to
section 17 of chapter 746 of the laws of 1988,  as  amended,  when  upon
such  date  the  provisions  of  section  fifteen of this act shall take
effect;
  (i) the amendments made to the opening paragraph and paragraph (c)  of
subdivision  1  of  section  1809 of the vehicle and traffic law made by
section seventeen of this act shall not affect the expiration and rever-
sion of such subdivision and shall be deemed to  expire  therewith  when
upon such date the provisions of section eighteen of this act shall take
effect;  and  provided  that  the  amendments  made  to subdivision 1 of
section 1809 of the vehicle and traffic law made by section eighteen  of

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this  act  shall not affect the expiration of such subdivision and shall
be deemed to expire therewith;
  (j) the amendments made to subdivision 1 of section 371 of the general
municipal law made by section twenty of this act shall be subject to the
expiration and reversion of such section pursuant to section 17 of chap-
ter  746  of  the  laws  of  1988,  as  amended, when upon such date the
provisions of section twenty-one of this act shall take effect; and
  (k) any such local laws as may be enacted pursuant to this  act  shall
remain in full force and effect only until December 1, 2014.