| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to transportation |
| Jan 28, 2009 |
referred to transportation |
Find your Senator and share your views on important issues.
Senate Bill S1240
2009-2010 Legislative Session
Authorizes the city of Buffalo to implement a program using photo-monitoring devices and imposing monetary liability on vehicle owners for traffic signal violations
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Transportation 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
Actions
co-Sponsors
(D, WF) 28th Senate District
2009-S1240 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6021
- Current Committee:
- Senate Transportation
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1111-b, V & T L; amd §371, Gen Muni L; amd §87, Pub Off L
2009-S1240 (ACTIVE) - Summary
Authorize the city of Buffalo to implement a program imposing monetary liability on vehicle owners for failure of an operator thereof to comply with traffic-control indications in such municipality; empowers the city of Buffalo to install and operate traffic-control signal photo-monitoring devices at intersections and highway-railroad crossings; directs that any monetary penalties received due to the installation and operation of such photo-monitoring devices shall be deposited to the credit of and received by such municipality, after the payment of any administrative costs; makes related provisions.
2009-S1240 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1240
TITLE OF BILL :
An act to amend the vehicle and traffic law, the general municipal law
and the public officers law, in relation to the civil liability of
vehicle owners of traffic control signal violations in the city of
Buffalo
PURPOSE OF BILL :
Authorizes the City of Buffalo to implement a program using
photo-monitoring devices and imposes monetary liability on vehicle
owners for traffic signal violations.
SUMMARY OF PROVISIONS :
Section 1 amends subdivisions 1 of section 235 of the vehicle and
traffic law to include section 1111-b.
Section 2 amends 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 to include section 1111-b.
Section 3 amends section 235 of the vehicle and traffic law to enable
any city which is authorized to establish an administrative tribunal
to hear complaints of traffic infractions to adjudicate the liability
of owners for violations of subdivision (d) of section 1111-b.
Section 4 amends subdivision 1 of section 236 of the vehicle and traffic law to include Section 1111-b. Section 5 amends subdivision 1 of section 236 of the vehicle and traffic law to authorize city parking violations bureaus to give jurisdiction over the liability of owners for violations of subdivision d of section 1111-b where authorized by local law. Section 6 amends subdivision 10 of section 237 of the vehicle and traffic law to include section 1111-b. Section 7 amends section 237 of the vehicle and traffic law by adding subdivision 10 to provide for the adjudication of liability of owners for violations of subdivision (d) of section 1111 if authorized by local law. Section 8 amends paragraph f of subdivision 1 of Section 239 of the vehicle and traffic law to include 1111-b. Section 9 amends paragraph 7 of subdivision 1 of section 239, "notice of violation," and shall not be deemed to include a notice of liability pursuant to authorization set forth in section 1111-b. Section 10 adds new subdivision 5 to section 239 of the vehicle and traffic law, related to the liability of owners in accordance with section 1111-b. Section 11 amends subdivision 1 of section 240 of the vehicle and traffic law to include section 1111-b. Section 12 amends subdivision 1 of section 240 of the vehicle and traffic law to include a person alleged to be liable in accordance with section 1111-b. Section 13 amends subdivision 1-a of section 240 of the vehicle and traffic law to include section 1111-b. Section 14 amends subdivision 1-a of section 240 of the vehicle and traffic law to include contests to an allegation of liability in accordance with section 1111-b of this chapter. Section 15 amends paragraph a and g of subdivision 2 of section 240 of the vehicle and traffic law to include section 1111-b. Section 16 amends paragraph a and g of subdivision 2 of section 240 of the vehicle and traffic law to include allegations of liability in accordance with section 1111-b. Section 17 amends subdivisions 1 and 2 of section 241 of the vehicle and traffic law to include section 111-b. Section 18 amends subdivisions 1 and 2 of section 241 of the vehicle and traffic law to include the record of liabilities occurred according to section 1111-b. Section 19 amends paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law to detail the process of registration renewal. Section 20 amends paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law to explain the penalties of summonses on registration renewal in light of the amended section 1111-b. Section 21 amends the vehicle and traffic law by adding a new section, 1111-b; subdivision a relates to owner liability for failure of operator to comply with traffic control indications. The City of Buffalo is authorized to adopt a local law or ordinance establishing a program that imposed liability on the owner of a vehicle for failure of an operator to comply with traffic signals. This program empowers the City of Buffalo to install and operate traffic control signal photo-monitoring devices at intersections within the City of Buffalo. Subdivision b states that for the purpose of this section the term municipality shall mean the City of Buffalo. Subdivision c states that in any municipality that has adopted a local law pursuant to subdivision a, the owner of a vehicle shall be liable for a penalty imposed pursuant to this section, and evidence is obtained from a traffic-control signal violation monitoring system. Subdivision d provides the definition of owner and traffic-control signal violation monitoring system. Subdivision e provides that a certificate, sworn to by a technician employed by the municipality shall be prima facie evidence of the facts and any photographs, or other recorded images evidencing such a violation shall be available for inspection. Subdivision f provides that an owner liable for a violation of subdivision d shall be liable for monetary penalties in accordance with a schedule of fines and penalties set forth by local law. Liability shall not exceed fifty dollars for each violation. Subdivision g states that an imposition of liability under a local law shall not be deemed a conviction and shall not be made part of the operating record of the person upon whom such liability is imposed. Subdivision h, paragraph 1 states that a notice of liability shall be sent by first class mail to the person alleged to be liable. Paragraph 2 states that the notice shall contain the name and address of the person alleged to liable, the registration number of the vehicle, the location where the violation took place, and the date and time of the violation. Paragraph 3 states that the notice shall contain information advising the person charged of the manner and the time in which he may contest the liability alleged. Paragraph 4 states that the notice shall be prepared by the municipality having jurisdiction over the intersection where the violation occurred. Subdivision i provides for the adjudication of the liability imposed by a traffic violations bureau, or by the court having jurisdiction over traffic infractions. Subdivision j, paragraph 1 states that if an owner receives a notice of liability pursuant to this section for a time period during which the vehicle was reported as having been stolen, it shall be a valid defense. Paragraph 2 states that if an owner receives notice of liability it shall be a valid defense that the operator of the vehicle was compelled to yield right-of-way to an emergency vehicle. Subdivision k, paragraph 1 provides an exception in cases of rental vehicles, provided the lessor provides a copy of the rental lease contract. Paragraph 2 states the lessor shall not be held liable. Subdivision 1 states that if the owner liable for a violation of this section was not the operator of the vehicle the owner may maintain an action for indemnification against the operator. Subdivision m states that nothing in this section shall be construed to limit the liability of an operator of any violation of subdivision d. Section 22 amends subdivision 1 of section 1809 of the vehicle and traffic law to include section 1111-b. Section 23 amends subdivision 1 of section 371 of the vehicle and traffic to include section 1111-b. Section 24 amends section 371 of the vehicle and traffic law to include section 1111-b. Section 25 amends subdivision 2 of section 87 of the public officers law to include section 1111-b. Section 26 amends section 103 of the general municipal law to provide for the purchase or lease of equipment in the program established by section 111-b. Section 27 states that this act shall take effect immediately. JUSTIFICATION : Each year in New York State, hundreds of people are killed and tens of thousands are injured by motor vehicle accidents at intersections which are controlled by traffic lights. Drivers, passengers and pedestrians are victims of the increasing practice of motorists running red lights. A demonstration in New York City to equip traffic signals with cameras triggered by a road bed sensor when violations occur has proven to decrease the incidence of running red lights. This legislation would enable the City of Buffalo to implement the same technology that would ultimately prevent further needless deaths. PRIOR LEGISLATIVE HISTORY : A.5210 2001/2002; A.766B, S.7365 2003/2004; A.5651 2005-2006. FISCAL IMPLICATIONS FOR STATE GOVERNMENT : None. EFFECTIVE DATE : Immediately.
2009-S1240 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
1240
2009-2010 Regular Sessions
I N S E N A T E
January 28, 2009
___________
Introduced by Sens. THOMPSON, KRUEGER -- read twice and ordered printed,
and when printed to be committed 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 the civil liability of
vehicle owners of traffic control signal violations in the city of
Buffalo
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 OR ELEVEN HUNDRED ELEVEN-B of this chapter, or to adjudicate
the liability of owners for violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, such tribunal and the rules and
regulations pertaining thereto shall be constituted in substantial
conformance with the following sections.
S 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04715-01-9
S. 1240 2 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter, or to adjudicate the liability of owners for violations of toll collection regulations as defined in and in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, such tribu- nal and the rules and regulations pertaining thereto shall be consti- tuted in substantial conformance with the following sections. S 3. Section 235 of the vehicle and traffic law, as added by chapter 715 of the laws of 1972 and as amended by 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, 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 OR OF SECTION ELEVEN HUNDRED ELEVEN-B of this chapter, shall adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred elev- en of this chapter in accordance with such section eleven hundred eleven-a OR ELEVEN HUNDRED ELEVEN-B, 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 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. 1240 3 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, 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. 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter, if authorized by local law adopted pursuant to subdivision (a) of such section eleven hundred eleven-a; 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, IF AUTHORIZED BY LOCAL LAW ADOPTED PURSUANT TO SUBDIVISION (A) OF SUCH SECTION ELEVEN HUNDRED ELEVEN-B. 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter and shall not be deemed to include a notice of liability issued pursuant to section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of 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. S 10. Section 239 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows: 5. APPLICABILITY; LIABILITY OF OWNERS IN ACCORDANCE WITH SECTION ELEV- EN HUNDRED ELEVEN-B OF THIS CHAPTER. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMINATIONS OF OWNER LIABILITY IN ACCORDANCE WITH S. 1240 4 SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER. S 11. Subdivision 1 of section 240 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty or a person alleged to be liable in accordance with section eleven hundred eleven-a OR ELEVEN HUNDRED ELEVEN-B of this chapter for a violation of subdivision (d) of section eleven hundred eleven of this chapter contests such allegation, or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, 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. S 12. 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 SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER 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 plead- ing OR CONTESTING 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 13. Subdivision 1-a of section 240 of the vehicle and traffic law, as amended by chapter 379 of the laws of 1992, is amended to read as follows: 1-a. Fines and penalties. Whenever a plea of not guilty has been entered, or the bureau has been notified that an allegation of liability in accordance with section eleven hundred eleven-a OR ELEVEN HUNDRED ELEVEN-B of this chapter 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, 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 14. 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 S. 1240 5 IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS BEING CONTESTED, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. S 15. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as amended by chapter 379 of the laws of 1992, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability in accordance with section eleven hundred eleven-a OR ELEVEN HUNDRED ELEVEN-B of this chapter or an allegation of liability in accordance with section two thousand nine hundred eighty- five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter is contested or of a hearing at which liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty is contested. Recording devices may be used for the making of the record. S 16. Paragraphs a and g of subdivision 2 of section 240 of the vehi- cle and traffic law, as added by chapter 715 of the laws of 1972, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER shall be held before a hearing examiner in accordance with rules and regulations promulgated by the bureau. g. A record shall be made of a hearing on a plea of not guilty OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF THIS CHAPTER IS CONTESTED. Recording devices may be used for the making of the record. S 17. 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter or the record of liabilities incurred in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty of the person charged, as applicable prior to rendering a final determi- nation. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with section eleven hundred eleven-a OR ELEVEN HUNDRED ELEVEN-B of this chapter or fails to contest an allegation of liability in accordance with section two thousand nine hundred eighty-five of the public author- S. 1240 6 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 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter alleged or liability in accordance with section two thousand nine hundred eighty-five of the public authorities law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty alleged, (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 OR ELEVEN HUNDRED ELEVEN-B of this chapter 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 OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. S 18. 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 of the person charged, 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. S. 1240 7 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, 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 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 APPROPRIATE, or making an appear- ance within thirty days of the sending of such notice. Pleas entered AND ALLEGATIONS CONTESTED within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea OR CONTESTING AN ALLEGATION. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, he OR SHE shall impose no greater penalty or fine than those upon which the person was originally charged. S 19. 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 follows: 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 OR ELEVEN S. 1240 8 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 decision. Where an application is denied pursuant to this section, the commissioner may, in his OR HER discretion, deny a registration or renewal application to any other person for the same vehicle and may deny a registration or renewal application for any other motor vehicle registered in the name of the applicant where the commissioner has determined that such regis- trant's intent has been to evade the purposes of this subdivision and 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. (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 20. 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 S. 1240 9 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 21. 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; CITY OF BUFFALO IN THE COUNTY OF ERIE. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE MUNICIPALITY OF THE CITY OF BUFFALO IS HEREBY AUTHORIZED AND EMPOWERED TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN SUCH MUNICIPALITY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH PROGRAM SHALL EMPOWER SUCH MUNICIPALITY TO INSTALL AND OPERATE TRAFFIC-CONTROL SIGNAL PHOTO-MONITORING DEVICES AT INTERSECTIONS AND HIGHWAY-RAILROAD CROSSINGS WITHIN SUCH MUNICI- PALITY. (B) FOR PURPOSES OF THIS SECTION: 1. THE TERM "MUNICIPALITY" SHALL MEAN THE CITY OF BUFFALO LOCATED WITHIN THE COUNTY OF ERIE; AND 2. THE TERM "PARKING VIOLATIONS BUREAU" OR "BUREAU" SHALL MEAN THE PARKING VIOLATIONS BUREAU OF THE CITY OF BUFFALO LOCATED WITHIN THE COUNTY OF ERIE. (C) IN THE MUNICIPALITY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A TRAFFIC-CONTROL SIGNAL VIOLATION-MONITORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL- TY 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. (D) 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 VIOLATION-MONITORING SYSTEM" SHALL MEAN A VEHI- CLE 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. (E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE MUNICIPALITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE- OTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL SIGNAL VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION. (F) 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 PROMULGATED BY THE PARKING VIOLATIONS BUREAU. THE LIABILITY OF THE S. 1240 10 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. ANY MONETARY PENALTIES RECEIVED DUE TO THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO-MONI- TORING DEVICES IN THE MUNICIPALITY IN ACCORDANCE WITH THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF AND RECEIVED BY SUCH MUNICIPALITY AFTER THE PAYMENT OF ANY ADMINISTRATIVE COSTS. (G) 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. (H) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI- NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. 2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. 3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. 4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE MUNICI- PALITY OR BY ANY OTHER ENTITY AUTHORIZED BY THE MUNICIPALITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. (I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE PARKING VIOLATIONS BUREAU. (J) 1. 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 PARKING VIOLATIONS BUREAU. 2. IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION PERTAINING TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, IT SHALL BE A VALID DEFENSE TO SUCH ALLEGATION THAT THE OPERATOR OF THE VEHICLE AT THE TIME OF SUCH ALLEGED VIOLATION WAS COMPELLED TO YIELD RIGHT-OF-WAY TO AN AUTHORIZED EMERGENCY VEHICLE ENGAGED IN AN EMERGENCY OPERATION, AS DEFINED IN SECTIONS ONE HUNDRED ONE AND ONE HUNDRED FOURTEEN-B, RESPEC- TIVELY, OF THIS CHAPTER. THE DEFENSE PROVIDED FOR IN THIS PARAGRAPH MAY S. 1240 11 BE ASSERTED BY THE OWNER IF PRIOR TO THE TIME TO PLEAD OR APPEAR WITH RESPECT TO SUCH VIOLATION, THE OWNER SENDS TO THE PARKING VIOLATIONS BUREAU BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, A WRITTEN NOTIFICA- TION THAT HE OR SHE INTENDS TO ASSERT SUCH DEFENSE. AFTER RECEIPT OF SUCH NOTIFICATION, THE MUNICIPALITY SHALL REVIEW THE PHOTOGRAPHS, MICRO- PHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES AT ISSUE IN THE CASE, AND SHALL ADVISE THE PARKING VIOLATIONS BUREAU WHETHER OR NOT THE NOTICE OF LIABILITY SHOULD BE WITHDRAWN. IF THE MUNICIPALITY FINDS THAT THE NOTICE OF LIABILITY SHOULD BE WITHDRAWN, THE CASE SHALL BE DISMISSED. IF THE CASE IS NOT DISMISSED, THE OWNER SHALL BE NOTIFIED OF SUCH DETERMI- NATION AND SHALL BE GIVEN THE OPPORTUNITY FOR A HEARING, AT WHICH THE MUNICIPALITY SHALL MAKE AVAILABLE THE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES AT ISSUE IN THE CASE. (K) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL- ITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT: 1. 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 2. 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. (I) FAILURE TO COMPLY WITH PARAGRAPH TWO OF THIS SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN THIS SECTION. (II) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVI- SION, 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 (H) OF THIS SECTION. (L) 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. (M) 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. S 22. Subdivision 1 of section 1809 of the vehicle and traffic law, as amended by section 2 of part DD of chapter 56 of the laws of 2008, is amended to read as follows: 1. 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 OR ELEVEN HUNDRED ELEVEN-B of this chapter, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addi- S. 1240 12 tion to any sentence required or permitted by law, in accordance with the following schedule: (a) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a traffic infraction pursuant to article nine of this chapter, there shall be levied a crime victim assistance fee in the amount of five dollars and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. (b) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a misdemeanor or felony pursuant to section eleven hundred ninety-two of this chapter, there shall be levied, in addition to any sentence required or permitted by law, a crime victim assistance fee in the amount of twenty-five dollars and a mandatory surcharge in accordance with the following schedule: (i) a person convicted of a felony shall pay a mandatory surcharge of three hundred dollars; (ii) a person convicted of a misdemeanor shall pay a mandatory surcharge of one hundred seventy-five dollars. (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 OR 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 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 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 23. 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: 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 OR ELEVEN HUNDRED ELEVEN-B of such law. S 24. 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 S. 1240 13 HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B OF SUCH LAW, by permitting a person charged with an offense within the limitations herein stated, to answer, within a specified time, at the traffic violations bureau, either in person or by written power of attorney in such form as may be prescribed in the ordi- nance creating the bureau, by paying a prescribed fine and, in writing, waiving a hearing in court, pleading guilty to the charge OR ADMITTING LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, AS THE CASE MAY BE, and authorizing the person in charge of the bureau to make such a plea OR ADMISSION and pay such a fine in court. Acceptance of the prescribed fine and power of attorney by the bureau shall be deemed complete satisfaction for the violation OR OF THE LIABILITY, and the violator OR OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW shall be given a receipt which so states. If a person charged with a traffic violation does not answer as hereinbefore prescribed, within a designated time, the bureau shall cause a complaint to be entered against him OR HER forthwith and a warrant to be issued for his OR HER arrest and appear- ance before the court. Any person who shall have been, within the preceding twelve months, guilty of a number of parking violations in excess of such maximum number as may be designated by the court, or of three or more violations other than parking violations, shall not be permitted to appear and answer to a subsequent violation at the traffic violations bureau, but must appear in court at a time specified by the bureau. Such traffic violations bureau shall not be authorized to deprive a person of his OR HER right to counsel or to prevent him OR HER from exercising his OR HER right to appear in court to answer to, explain, or defend any charge of a violation of any traffic law, ordi- nance, rule or regulation. S 25. 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 26. The purchase or lease of equipment for a program established pursuant to section 1111-b of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. S 27. This act shall take effect immediately; provided, however that: (a) the amendments to subdivision 1 of section 235 of the vehicle and traffic law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 406 of chapter 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 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 to subdivision 10 of section 237 of the vehicle and traffic law made by section six of this act shall be subject to the S. 1240 14 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 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 to subdivision 1 of section 240 of the vehicle and traffic law made by section eleven 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 twelve of this act shall take effect; (g) the amendments to subdivision 1-a of section 240 of the vehicle and traffic law made by section thirteen 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 fourteen of this act shall take effect; (h) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section fifteen of this act shall be subject to the expiration and reversion of such paragraphs pursuant to section 17 of chapter 746 of the laws of 1988, as amended, when upon such date the provisions of section sixteen of this act shall take effect; (i) the amendments to subdivisions 1 and 2 of section 241 of the vehi- cle and traffic law made by section seventeen 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 eighteen of this act shall take effect; (j) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section nineteen 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 twenty of this act shall take effect; (k) the amendments made to subdivision 1 of section 1809 of the vehi- cle and traffic law made by section twenty-two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; and (l) the amendments to subdivision 1 of section 371 of the general municipal law made by section twenty-three 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 twenty-four of this act shall take effect.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.