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

                                  5286

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sen. SQUADRON -- 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 and the public officers law,
  in relation to establishing in a city with a population of one million
  or more a demonstration program to enforce  maximum  speed  limits  by
  means  of  speed  limit photo devices; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, is amended  to  read
as follows:
  1.  Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any  city  which
heretofore  or  hereafter  is  authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of  owners  for
violations  of  toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand  nine  hundred  eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR TO ADJUDICATE LIABILITY OF OWNERS  FOR  VIOLATIONS  OF
SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS  CHAPTER,
such  tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11068-01-9

S. 5286                             2
              

  S 1-a. 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  contra-
ry, 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 toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, OR TO ADJUDICATE LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C)  AND  (D)  OF  SECTION  ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B  OF  THIS  CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance  with
the following sections.
  S 1-b. Section 235 of the vehicle and traffic law, as added by chapter
715  of  the  laws  of 1972 and as further 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  toll  collection
regulations  as  defined  in  and  in  accordance with the provisions of
section two thousand nine hundred eighty-five of the public  authorities
law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO  ADJU-
DICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, such tribunal and the rules and
regulations  pertaining  thereto  shall  be  constituted  in substantial
conformance with the following sections.
  S 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  1. Creation. In any city as hereinbefore or hereafter authorized  such
tribunal  when  created  shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions  which  constitute  a
parking violation and, where authorized by local law adopted pursuant to
subdivision  (a)  of  section  eleven  hundred eleven-a of this chapter,
shall adjudicate the liability of owners for violations  of  subdivision
(d)  of section eleven hundred eleven of this chapter in accordance with
such section eleven hundred eleven-a, and shall adjudicate the liability
of owners for violations of toll collection regulations  as  defined  in
and  in  accordance  with  the  provisions  of section two thousand nine
hundred  eighty-five  of  the  public  authorities  law   and   sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, AND SHALL ADJUDICATE LIABILITY OF
OWNERS  FOR  VIOLATIONS  OF  SUBDIVISIONS  (C) AND (D) OF SECTION ELEVEN

S. 5286                             3

HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER.  Such tribunal, except in a city with a  popu-
lation of one million or more, shall also have jurisdiction of abandoned
vehicle  violations.    For  the  purposes  of  this  article, a parking
violation is the violation of any law, rule or regulation providing  for
or  regulating  the parking, stopping or standing of a vehicle. In addi-
tion for purposes of this article, "commissioner" shall mean and include
the commissioner of traffic  of  the  city  or  an  official  possessing
authority as such a commissioner.
  S 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the  parking  violations  bureau
and  shall  have  jurisdiction of traffic infractions which constitute a
parking  violation,  AND  SHALL  ADJUDICATE  LIABILITY  OF  OWNERS   FOR
VIOLATIONS  OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED  EIGHTY-B  OF
THIS  CHAPTER.  For the purposes of this article, a parking violation is
the violation of any law, rule or regulation providing for or regulating
the parking, stopping or standing of a vehicle. In addition for purposes
of this article, "commissioner" shall mean and include the  commissioner
of  traffic  of  the  city or an official possessing authority as such a
commissioner.
  S 3. Subdivision 11 of section 237 of the vehicle and traffic law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  11.  To  adjudicate  the  liability  of  owners for violations of toll
collection  regulations  as  defined  in  and  in  accordance  with  the
provisions  of  section  two  thousand  nine  hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
fifty[.];
  S 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 12 to read as follows:
  12. TO ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS  OF  SUBDIVISIONS
(C)  AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
traffic  law,  as amended by chapter 379 of the laws of 1992, is amended
to read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision  nine  of  section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred  eleven-a  of  this
chapter  and shall not be deemed to include a notice of liability issued
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
  S 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
traffic  law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
  f. "Notice of violation" means a notice of  violation  as  defined  in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL  NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.

S. 5286                             4

  S 6. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  4. Applicability. The provisions of paragraph b of subdivision two and
subdivision  three  of  this section shall not be applicable to determi-
nations of owner liability for the failure of an operator to comply with
subdivision (d) of section eleven hundred eleven  of  this  chapter  and
shall  not  be  applicable  to determinations of owner liability imposed
pursuant to section two thousand nine hundred eighty-five of the  public
authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of nineteen hundred fifty AND
SHALL  NOT  BE  APPLICABLE  TO  DETERMINATIONS  OF  OWNER  LIABILITY FOR
VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED  EIGHT-
Y-B OF THIS CHAPTER.
  S 6-a. Section 239 of the vehicle and traffic law is amended by adding
a new subdivision 4 to read as follows:
  4. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION  THREE  OF  THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER.
  S 7. Subdivision 1 of section 240 of the vehicle and traffic  law,  as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
violation  enters  a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  contests  such  allegation, or a person alleged to be liable in
accordance with the provisions of  section  two  thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of  nineteen  hundred  fifty,  OR A PERSON ALLEGED TO BE LIABLE IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF
THIS CHAPTER FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEV-
EN  HUNDRED  EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail  as
the  director  may  direct of the date on which he must appear to answer
the charge at a hearing. The form and content of such notice of  hearing
shall  be  prescribed  by  the  director, and shall contain a warning to
advise the person so pleading or contesting that failure  to  appear  on
the  date  designated,  or  on  any  subsequent adjourned date, shall be
deemed an admission of liability, and that a  default  judgment  may  be
entered thereon.
  S 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
  1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE  LIABLE
IN  ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-B OF
THIS CHAPTER FOR VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEV-
EN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,  the  bureau
shall  advise such person personally by such form of first class mail as
the director may direct of the date on which he OR SHE  must  appear  to
answer  the  charge at a hearing. The form and content of such notice of
hearing shall be prescribed by the director, and shall contain a warning
to advise the person so pleading that failure  to  appear  on  the  date
designated,  or  on  any  subsequent  adjourned date, shall be deemed an

S. 5286                             5

admission of liability, and that a default judgment may be entered ther-
eon.
  S 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or an
allegation  of  liability  in  accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws  of nineteen hundred fifty OR AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B  OF  THIS  CHAPTER,  is  being
contested, by a person in a timely fashion and a hearing upon the merits
has been demanded, but has not yet been held, the bureau shall not issue
any  notice  of  fine or penalty to that person prior to the date of the
hearing.
  S 8-a. Subdivision 1-a of section 240 of the vehicle and traffic  law,
as  added  by  chapter  365  of  the laws of 1978, is amended to read as
follows:
  1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon  the
merits  has  been  demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
  S 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by chapter 379 of  the  laws  of  1992,  are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
or  an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or an allegation  of  liability  in  accordance
with section two thousand nine hundred eighty-five of the public author-
ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty  OR  AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF  THIS CHAPTER shall be held before a hearing examiner in accord-
ance with rules and regulations promulgated by the bureau.
  g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance  with  section  eleven  hundred
eleven-a of this chapter is contested or of a hearing at which liability
in  accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred fifty
is contested OR A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH  SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER IS CONTESTED.  Recording devices
may be used for the making of the record.
  S 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
  a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN  HUNDRED
EIGHTY-B  OF  THIS  CHAPTER  shall  be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.

S. 5286                             6

  g. A record shall be made of a hearing on a plea of not  guilty  OR  A
HEARING  AT  WHICH  LIABILITY  IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER IS CONTESTED.   Recording devices may  be  used
for the making of the record.
  S  10.  Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by chapter 379 of the laws of 1992, are amended to  read
as follows:
  1.  The  hearing  examiner  shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner  deter-
mines  that the charges have been sustained he OR SHE may examine either
the prior  parking  violations  record  or  the  record  of  liabilities
incurred  in  accordance  with  section  eleven hundred eleven-a of this
chapter or the record of liabilities incurred in accordance with section
two thousand nine hundred eighty-five of the public authorities  law  or
sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty of the person charged
OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION  ELEVEN
HUNDRED  EIGHTY-B  OF  THIS  CHAPTER, as applicable prior to rendering a
final  determination.  Final  determinations  sustaining  or  dismissing
charges shall be entered on a final determination roll maintained by the
bureau  together  with  records showing payment and nonpayment of penal-
ties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation  or  contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or fails to contest
an allegation of liability in accordance with section two thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty OR FAILS  TO  CONTEST  AN  ALLEGATION  OF
LIABILITY  IN  ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER, or fails to appear on a designated hearing date  or  subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead or contest, appear or comply
shall  be  deemed, for all purposes, an admission of liability and shall
be grounds for rendering and entering a default judgment  in  an  amount
provided  by the rules and regulations of the bureau. However, after the
expiration of the original date  prescribed  for  entering  a  plea  and
before a default judgment may be rendered, in such case the bureau shall
pursuant  to  the  applicable  provisions of law notify such operator or
owner, by such form of first class mail as the  commission  may  direct;
(1)  of  the  violation charged, or liability in accordance with section
eleven hundred eleven-a of this chapter alleged or liability in  accord-
ance  with  section  two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four  of the laws of nineteen hundred fifty
alleged OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED  EIGHTY-B
OF  THIS  CHAPTER,  (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the  city  in  which  the
bureau has been established, or other court of civil jurisdiction or any
other  place  provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea or
contesting an allegation of liability in accordance with section  eleven
hundred  eleven-a of this chapter or contesting an allegation of liabil-
ity in accordance with section two thousand nine hundred eighty-five  of
the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and

S. 5286                             7

sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
hundred  fifty  OR  CONTESTING  AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, as appropriate, or
making  an  appearance within thirty days of the sending of such notice.
Pleas entered and allegations contested within that period shall  be  in
the manner prescribed in the notice and not subject to additional penal-
ty  or  fee.  Such  notice  of  impending  default judgment shall not be
required prior to the rendering and entry thereof in the case of  opera-
tors  or  owners  who  are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required,  a  notice
of  impending  default  judgment  be sent, more than two years after the
expiration of the time prescribed for entering a plea or  contesting  an
allegation.  When  a  person  has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he OR SHE shall impose no greater penalty or fine  than  those
upon which the person was originally charged.
  S 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715 of the laws of 1972, subdivi-
sion  2  as  amended  by chapter 365 of the laws of 1978, are amended to
read as follows:
  1. The hearing examiner shall make a  determination  on  the  charges,
either  sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he OR SHE may examine  EITHER
the prior parking violations record of the person charged, OR THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-B  OF THIS CHAPTER, AS APPLICABLE, prior to rendering a final determi-
nation. Final determinations sustaining or dismissing charges  shall  be
entered  on a final determination roll maintained by the bureau together
with records showing payment and nonpayment of penalties.
  2. Where an operator or owner fails to enter a plea to a charge  of  a
parking  violation,  OR  FAILS  TO  CONTEST  AN  ALLEGATION OF LIABILITY
INCURRED IN ACCORDANCE WITH SECTION  ELEVEN  HUNDRED  EIGHTY-B  OF  THIS
CHAPTER,  or  fails to appear on a designated hearing date or subsequent
adjourned date or fails after a hearing to comply with the determination
of a hearing examiner, as prescribed by this article or by rule or regu-
lation of the bureau, such failure to plead, appear or comply  shall  be
deemed, for all purposes, an admission of liability and shall be grounds
for  rendering  and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after  the  expiration
of the original date prescribed for entering a plea and before a default
judgment  may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of  the  violation
charged  OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B
OF THIS CHAPTER, (2) of the impending default judgment,  (3)  that  such
judgment  will  be  entered  in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within  the  state
of  New  York, and (4) that a default may be avoided by entering a plea,
OR CONTESTING AN ALLEGATION OF  LIABILITY  IN  ACCORDANCE  WITH  SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, or making an appearance within
thirty days of the sending of such notice.  Pleas  entered  within  that
period  shall  be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default  judgment
shall  not  be  required prior to the rendering and entry thereof in the

S. 5286                             8

case of operators or owners who are non-residents of the  state  of  New
York.  In  no  case  shall  a  default  judgment  be  rendered or, where
required, a notice of impending default judgment be sent, more than  two
years  after  the expiration of the time prescribed for entering a plea.
When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
imposed  for  any  reason,  prior  to the holding of the hearing. If the
hearing examiner shall make a determination on the  charges,  sustaining
them,  he OR SHE shall impose no greater penalty or fine than those upon
which the person was originally charged.
  S 11. Subparagraph (i) of paragraph a of subdivision  5-a  of  section
401  of  the  vehicle  and traffic law, as amended by chapter 496 of the
laws of 1990 and as designated by chapter 373 of the laws  of  1994,  is
amended to read as follows:
  (i) If at the time of application for a registration or renewal there-
of  there  is  a  certification from a court, parking violations bureau,
traffic and parking violations  agency  or  administrative  tribunal  of
appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
jurisdiction that the registrant or his OR HER representative failed  to
appear  on the return date or any subsequent adjourned date or failed to
comply with the rules and  regulations  of  an  administrative  tribunal
following  entry  of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either  that  (i)  such  motor  vehicle  was
parked, stopped or standing, or that such motor vehicle was operated for
hire  by  the registrant or his OR HER agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in  violation
of  any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local  authority  or  (ii)  the  registrant  was
liable  in accordance with section eleven hundred eleven-a of this chap-
ter for a violation of subdivision (d) of section eleven hundred  eleven
of  this  chapter  OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF SUBDI-
VISIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY  OF  THIS  CHAPTER,
the  commissioner  or  his  OR  HER agent shall deny the registration or
renewal application until the applicant provides proof from  the  court,
traffic and parking violations agency or administrative tribunal wherein
the charges are pending that an appearance or answer has been made or in
the  case of an administrative tribunal that he OR SHE has complied with
the rules and regulations of said tribunal following entry  of  a  final
decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his OR  HER  discretion,  deny  a  registration  or
renewal  application  to  any  other person for the same vehicle and may
deny a registration or renewal application for any other  motor  vehicle
registered  in  the  name  of  the  applicant where the commissioner has
determined that such 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  11-a.  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

S. 5286                             9

appropriate jurisdiction that the registrant or  his  OR  HER  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry  of  a final decision in response to
three or more summonses or other  process,  issued  within  an  eighteen
month  period, charging that: (A) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated  for  hire  by  the
registrant  or  his  agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in  violation  of  any  of  the
provisions  of this chapter or of any law, ordinance, rule or regulation
made by a local authority, OR (B) THE REGISTRANT WAS LIABLE  IN  ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS
OF  SUBDIVISIONS  (C)  AND  (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER, the commissioner or his OR HER agent shall deny  the  registra-
tion  or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of  an  administrative
tribunal  that  he OR SHE has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an  application
is  denied pursuant to this section, the commissioner may, in his OR HER
discretion, deny a registration or  renewal  application  to  any  other
person  for  the  same  vehicle  and  may deny a registration or renewal
application for any other motor vehicle registered in the  name  of  the
applicant  where  the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where  the
commissioner has reasonable grounds to believe that such registration or
renewal  will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as  the  summonses
remain  unanswered,  or  in  the case of an administrative tribunal, the
registrant fails to comply with  the  rules  and  regulations  following
entry of a final decision.
  S  12.  The vehicle and traffic law is amended by adding a new section
1180-b to read as follows:
  S 1180-B. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
APPLICABLE  MAXIMUM  SPEED LIMIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CITY WITH A POPULATION OF ONE MILLION  OR  MORE  IS  HEREBY
AUTHORIZED  AND  EMPOWERED TO ESTABLISH A DEMONSTRATION PROGRAM IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN  OPERATOR
THEREOF  TO  COMPLY WITH THE APPLICABLE MAXIMUM SPEED LIMIT IN SUCH CITY
IN ACCORDANCE WITH THE PROVISIONS OF THIS  SECTION.  THE  DEPARTMENT  OF
TRANSPORTATION  OF SUCH CITY, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH
PROGRAM, SHALL OPERATE SPEED LIMIT PHOTO DEVICES WITHIN SUCH CITY AT  NO
MORE  THAN  FORTY  AND  NO  FEWER  THAN TWENTY LOCATIONS AT ANY ONE TIME
DURING ANY YEAR OF SUCH PROGRAM. SUCH SPEED LIMIT PHOTO DEVICES  MAY  BE
STATIONARY  OR  MOBILE  AND  SHALL BE ACTIVATED AT LOCATIONS SELECTED BY
SUCH DEPARTMENT OF TRANSPORTATION.
  2. IN ANY CITY THAT HAS ESTABLISHED A DEMONSTRATION  PROGRAM  PURSUANT
TO  SUBDIVISION  ONE  OF  THIS  SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  IF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF  SUBDIVISION  (C)  OR  (D)  OF  SECTION  ELEVEN
HUNDRED  EIGHTY  OF  THIS  ARTICLE,  AND  SUCH VIOLATION IS EVIDENCED BY
INFORMATION OBTAINED FROM A SPEED LIMIT PHOTO DEVICE;  PROVIDED  HOWEVER
THAT  NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS  SECTION  WHERE  THE  OPERATOR  OF  SUCH  VEHICLE  HAS  BEEN

S. 5286                            10

CONVICTED  OF  THE  UNDERLYING  VIOLATION  OF  SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  3.  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER"  SHALL HAVE THE MEANING
PROVIDED IN SECTION TWO  HUNDRED  THIRTY-NINE  OF  THIS  CHAPTER.    FOR
PURPOSES  OF  THIS SECTION, "SPEED LIMIT PHOTO DEVICE" SHALL MEAN EQUIP-
MENT THAT TAKES A FILM OR DIGITAL CAMERA-BASED  PHOTOGRAPH,  MICROPHOTO-
GRAPH,  VIDEO,  OR OTHER RECORDED IMAGE WHICH IS LINKED WITH A VIOLATION
DETECTION SYSTEM THAT SYNCHRONIZES THE TAKING OF SUCH IMAGE OF A VEHICLE
AT THE TIME THE VEHICLE IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  4. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY  IN  WHICH THE CHARGED VIOLATION OCCURRED OR ITS VENDOR OR CONTRAC-
TOR, OR A FACSIMILE  THEREOF,  BASED  UPON  INSPECTION  OF  PHOTOGRAPHS,
MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A SPEED
LIMIT PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN.  ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION  IN
ANY  PROCEEDING  TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT
TO THIS SECTION.
  5. AN OWNER LIABLE FOR A  VIOLATION  OF  SUBDIVISION  (C)  OR  (D)  OF
SECTION  ELEVEN HUNDRED EIGHTY OF THIS ARTICLE SHALL BE LIABLE FOR MONE-
TARY PENALTIES IN ACCORDANCE WITH A  SCHEDULE  OF  FINES  AND  PENALTIES
PROMULGATED  BY  THE  PARKING  VIOLATIONS BUREAU OF SUCH CITY; PROVIDED,
HOWEVER, THAT THE MONETARY PENALTY FOR DRIVING AT A SPEED ONE    TO  TEN
MILES  PER  HOUR  IN  EXCESS OF THE MAXIMUM SPEED LIMIT SHALL NOT EXCEED
FIFTY DOLLARS, THE MONETARY PENALTY FOR DRIVING AT A SPEED MORE THAN TEN
AND LESS THAN THIRTY MILES PER HOUR IN EXCESS OF THE MAXIMUM SPEED LIMIT
SHALL NOT EXCEED SEVENTY-FIVE DOLLARS,  AND  THE  MONETARY  PENALTY  FOR
DRIVING  THIRTY  MILES  PER  HOUR OR MORE IN EXCESS OF THE MAXIMUM SPEED
LIMIT SHALL NOT EXCEED ONE HUNDRED  FIFTY  DOLLARS;  PROVIDED,  FURTHER,
THAN  AN  OWNER  SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  6.  AN  IMPOSITION  OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION AS AN OPERATOR AND SHALL NOT BE  MADE  PART  OF  THE
OPERATING  RECORD  OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR  VEHI-
CLE INSURANCE COVERAGE.
  7.  (A)  A  NOTICE  OF  LIABILITY SHALL BE SENT BY FIRST CLASS MAIL IN
ACCORDANCE WITH THIS SECTION TO EACH PERSON ALLEGED TO BE LIABLE  AS  AN
OWNER  FOR  A  VIOLATION  OF  SUBDIVISION  (C)  OR (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF  MAILING  PREPARED  IN  THE
ORDINARY  COURSE  OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
  (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, THE  REGIS-
TRATION  NUMBER  OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION AND
THE IDENTIFICATION NUMBER OF THE SPEED LIMIT PHOTO DEVICE WHICH RECORDED
THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
  (C) THE NOTICE OF LIABILITY SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN  A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST

S. 5286                            11

IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF  LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
  (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY SUCH CITY.
  8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO
THIS  SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED
TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN,  IT  SHALL  BE  A  VALID
DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (C)
OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE THAT THE VEHICLE
HAD  BEEN  REPORTED  TO  THE  POLICE  AS  STOLEN  PRIOR  TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE  STOLEN
VEHICLE  BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF
SUCH CITY.
  9. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE  TO  WHICH  A  NOTICE  OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION SHALL
NOT  BE  LIABLE  FOR  THE VIOLATION OF SUBDIVISION (C) OR (D) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
  (I) PRIOR TO THE VIOLATION, THE LESSOR HAS  FILED  WITH  SUCH  PARKING
VIOLATIONS  BUREAU  IN  ACCORDANCE  WITH  THE  PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
  (II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH  BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED  IN  THE  ORIGINAL  NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE  OF  THE  VEHICLE
IDENTIFIED  IN  THE  NOTICE  OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY  SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (B)  FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS
SUBDIVISION SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED  IN
THIS SECTION.
  (C)  WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH (A) OF
THIS SUBDIVISION, THE LESSEE  OF  SUCH  VEHICLE  ON  THE  DATE  OF  SUCH
VIOLATION  SHALL  BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT  TO
SUBDIVISION SEVEN OF THIS SECTION.
  10.  IF  THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO  THIS  SECTION
WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  11. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
  12. ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO  SUBDIVI-
SION  ONE  OF  THIS SECTION SHALL SUBMIT A REPORT BY APRIL FIRST OF EACH
YEAR ON THE RESULTS OF THE USE OF  SPEED  LIMIT  PHOTO  DEVICES  TO  THE
GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY.  SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) A DESCRIPTION OF THE LOCATIONS WHERE  SPEED  LIMIT  PHOTO  DEVICES
WERE USED;
  (B) THE NUMBER OF VIOLATIONS RECORDED AT EACH SUCH LOCATION AND IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  (C) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;

S. 5286                            12

  (D)  THE  NUMBER  OF  FINES AND TOTAL AMOUNT OF FINES PAID AFTER FIRST
NOTICE OF LIABILITY;
  (E)  THE  NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
  (F) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY; AND
  (G) QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  S 13. The opening paragraph and paragraph  (c)  of  subdivision  1  of
section  1809 of the vehicle and traffic law, as 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  VIOLATIONS OF SUBDIVISIONS (C) AND (D) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER, there shall be levied a crime  victim  assist-
ance fee and a mandatory surcharge, in addition to any sentence required
or permitted by law, in accordance with the following schedule:
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred eleven-a of this chapter or other than an infraction pursuant to
article  nine of this chapter or other than an adjudication of liability
of an owner for a violation of toll collection regulations  pursuant  to
section  two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
hundred  seventy-four  of  the  laws of nineteen hundred fifty, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR VIOLATIONS OF SUBDIVI-
SIONS (C) AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF  THIS  CHAPTER  IN
ACCORDANCE  WITH  SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER, there
shall be levied a crime victim assistance fee  in  the  amount  of  five
dollars  and a mandatory surcharge, in addition to any sentence required
or permitted by law, in the amount of fifty-five dollars.
  S 13-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
as  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

S. 5286                            13

eleven hundred eleven-a of this chapter, OR OTHER THAN  AN  ADJUDICATION
OF  LIABILITY  OF  AN OWNER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of twenty-five dollars.
  S  13-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by chapter 16 of the laws of 1983 and  chapter  62
of the laws of 1989, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for a crime under this  chapter  or  a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by  pedestrians or bicyclists, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (C)  OR  (D)  OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED EIGHTY-B OF THIS CHAPTER, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of seventeen dollars.
  S  14.  Subdivision  2  of  section  87  of the public officers law is
amended by adding a new paragraph (k) to read as follows:
  (K) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS,  VIDEOTAPE  OR  OTHER  RECORDED
IMAGES PRODUCED BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER THE AUTHOR-
ITY OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
  S  15.  This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 3 years  after  such  effective  date
when upon such date the provisions of this act shall be deemed repealed;
and  provided that any rules and regulations necessary for the implemen-
tation of this act on its effective date  shall  be  promulgated  on  or
before such date;
  (a) provided, however, that the amendments to subdivision 1 of section
235 of the vehicle and traffic law made by section one of this act shall
not  affect the expiration of such section and shall be deemed to expire
therewith, when upon such date the provisions of section one-a  of  this
act  shall  take effect, provided, further, however, that the amendments
to subdivision 1 of section 235 of the vehicle and traffic law  made  by
section one-a of this act shall not affect the expiration of such subdi-
vision  and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
  (b) provided, further, that the amendments to subdivision 1 of section
236 of the vehicle and traffic law made by section two of this act shall
not affect the expiration of such subdivision and  shall  be  deemed  to
expire therewith, when upon such date the provisions of section two-a of
this act shall take effect;
  (c)  provided, further, that the amendments to paragraph f of subdivi-
sion 1 of section 239 of the vehicle and traffic  law  made  by  section
five  of  this act shall not affect the expiration of such paragraph and
shall be deemed to expire therewith, when upon such date the  provisions
of section five-a of this act shall take effect;
  (d) provided, further, that the amendments to subdivision 4 of section
239 of the vehicle and traffic law made by section six of this act shall
not  affect  the repeal of such subdivision and shall be deemed repealed
therewith, when upon such date the provisions of section six-a  of  this
act shall take effect;
  (e) provided, further, that the amendments to subdivision 1 of section
240  of  the  vehicle  and traffic law made by section seven of this act

S. 5286                            14

shall not affect the expiration of such subdivision and shall be  deemed
to  expire  therewith,  when  upon  such  date the provisions of section
seven-a of this act shall take effect;
  (f)  provided,  further,  that  the  amendments  to subdivision 1-a of
section 240 of the vehicle and traffic law made by section eight of this
act shall not affect the expiration of such  subdivision  and  shall  be
deemed  to  expire  therewith,  when  upon  such  date the provisions of
section eight-a of this act shall take effect;
  (g) provided, further, that the amendments to paragraphs a  and  g  of
subdivision  2  of  section  240  of the vehicle and traffic law made by
section nine of this act shall not affect the expiration of  such  para-
graphs  and shall be deemed to expire therewith, when upon such date the
provisions of section nine-a of this act shall take effect;
  (h) provided, further, that the amendments to subdivisions 1 and 2  of
section  241  of the vehicle and traffic law made by section ten of this
act shall not affect the expiration of such subdivisions  and  shall  be
deemed  to  expire  therewith,  when  upon  such  date the provisions of
section ten-a of this act shall take effect;
  (i) provided, further, that the  amendments  to  subparagraph  (i)  of
paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
law  made  by section eleven of this act shall not affect the expiration
of such paragraph and shall be deemed to  expire  therewith,  when  upon
such  date  the  provisions  of  section eleven-a of this act shall take
effect; and
  (j) provided, further, that the amendments to subdivision 1 of section
1809 of the vehicle and traffic law made by section thirteen of this act
shall not affect the expiration of such subdivision and shall be  deemed
to expire therewith, when upon such date the provisions of section thir-
teen-a  of  this act shall take effect, provided, further, however, that
the amendments to subdivision 1 of section 1809 of the vehicle and traf-
fic law made by section thirteen-a of this  act  shall  not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section  thirteen-b  of  this  act
shall take effect.