LBD10928-03-2
S. 7481 2
the rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
S 1-a. Section 235 of the vehicle and traffic law, as amended by
section 1-a of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
dicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section, 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 follow-
ing sections.
S 1-b. Section 235 of the vehicle and traffic law, as amended by
section 1-b of part II of chapter 59 of the laws of 2010, 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
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, 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. 7481 3
S 1-c. Section 235 of the vehicle and traffic law, as amended by
section 1-c of part II of chapter 59 of the laws of 2010, is amended to
read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
dicate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section, 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 follow-
ing sections.
S 1-d. Section 235 of the vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
of 1992, is amended to read as follows:
S 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE LIABILITY OF OWNERS 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 section 2 of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, 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 such sections eleven hundred eleven-b as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine and shall adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
S. 7481 4
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 and shall adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section 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. Such tribunal, except in a
city with a population of one million or more, shall also have jurisdic-
tion 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 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-a of part II of chapter 59 of the laws of 2010, 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
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such sections eleven hundred
eleven-b as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine; and shall adjudicate
liability of owners in accordance with section eleven hundred eleven-c
of this chapter for violations of bus lane restrictions as defined in
such section AND SHALL 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.
For the purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
S 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-b of part II of chapter 59 of the laws of 2010, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and shall adjudicate liability of owners in accordance
with section eleven hundred eleven-c of this chapter for violations of
bus lane restrictions as defined in such section 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 arti-
cle, 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
S. 7481 5
and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
S 2-c. 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 12 of section 237 of the vehicle and traffic law, as
added by section 3 of part II of chapter 59 of the laws of 2010, is
amended and a new subdivision 13 is added to read as follows:
12. To adjudicate liability of owners in accordance with section elev-
en hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in such section[.];
13. TO ADJUDICATE THE LIABILITY OF OWNERS 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.
S 3-a. Subdivision 11 of section 237 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended and a new subdi-
vision 12 is added 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[.];
12. TO ADJUDICATE THE LIABILITY OF OWNERS 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.
S 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, and shall not be deemed to include a notice
of liability issued pursuant to section two thousand nine hundred eight-
y-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 nine-
teen hundred fifty and shall not be deemed to include a notice of
liability issued pursuant to section eleven hundred eleven-c of this
chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER.
S. 7481 6
S 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of part II of chapter 59 of the
laws of 2010, 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 sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eleven-c of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-B OF THIS
CHAPTER.
S 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of part II of chapter 59 of the
laws of 2010, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
section eleven hundred eleven-c of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-B OF THIS CHAPTER.
S 4-c. 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 5. 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 EIGHTY
OF THIS CHAPTER.
S 5-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 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
S. 7481 7
sixteen of chapters twenty, twenty-one, and twenty two of the laws of
two thousand nine, 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
eleven-c of this chapter for a violation of a bus lane restriction as
defined in such section contests such allegation, OR A PERSON ALLEGED TO
BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED
EIGHTY-B OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN 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 or contesting that
failure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine 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 allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter OR 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 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-a of part II of chapter 59 of the laws
of 2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, or a person alleged to be
liable in accordance with the provisions of section eleven hundred
eleven-c of this chapter for a violation of a bus lane restriction as
defined in such section contests such allegation, 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 ELEVEN 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 or contesting that
S. 7481 8
failure to appear on the date designated, or on any subsequent adjourned
date, shall be deemed an admission of liability, and that a default
judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-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 6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-b of part II of chapter 59 of the laws
of 2010, are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, contests such allegation, 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
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-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 6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH 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. 7481 9
admission of liability, and that a default judgment may be entered ther-
eon.
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 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of part II of chapter 59 of the
laws of 2010, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or an
allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter OR AN ALLEGA-
TION 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.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine 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 of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter 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 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-a of part II of chapter 59
of the laws of 2010, 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 sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter 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.
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 sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
S. 7481 10
WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
S 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-b of part II of chapter 59
of the laws of 2010, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-c of this chapter 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.
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-c of this chapter 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 7-c. 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.
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 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of part II of chapter 59 of the laws of
2010, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine 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 eleven-c of this
chapter, 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 main-
tained by the bureau together with records showing payment and nonpay-
ment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of the
S. 7481 11
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-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 or contest,
appear or comply shall be deemed, for all purposes, an admission of
liability and shall be grounds for rendering and entering a default
judgment in an amount provided by the rules and regulations of the
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
such case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail as the
commission may direct; (1) of the violation charged, or liability in
accordance with section eleven hundred eleven-a of this chapter or in
accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine alleged or liability in accordance with
section two thousand nine hundred eighty-five of the public authorities
law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty alleged or
liability in accordance with section eleven hundred eleven-c of this
chapter OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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-a of this chapter or in accordance with sections
eleven hundred eleven-b of this chapter as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two thousand
nine or contesting an allegation of liability in accordance with section
two thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter 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 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. 7481 12
S 8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-a of part II of chapter 59 of the laws of
2010, 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 sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine of the person charged, or
the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, 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 determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, 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 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 sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine, or liability in accord-
ance with section eleven hundred eleven-c of this chapter OR LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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 sections eleven
hundred eleven-b of this chapter as added by sections sixteen of chap-
ters twenty, twenty-one, and twenty-two of the laws of two thousand
nine, or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION 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 penalty or fee. Such notice of impending
S. 7481 13
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 hear-
ing, no fine or penalty shall be imposed for any reason, prior to the
holding of the hearing. If the hearing examiner shall make a determi-
nation on the charges, sustaining them, he or she shall impose no great-
er penalty or fine than those upon which the person was originally
charged.
S 8-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-b of part II of chapter 59 of the laws of
2010, 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 the
prior parking violations record of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred eleven-c
of this chapter, 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 sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation, or fails to contest an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter, 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 regulation 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
alleged liability in accordance with section eleven hundred eleven-c of
this chapter OR ALLEGED 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 jurisdic-
tion or any other place provided for the entry of civil judgments within
the state of New York, and (4) that a default may be avoided by entering
a plea or contesting an allegation of liability in accordance with
section eleven hundred eleven-c of this chapter OR CONTESTING AN ALLEGA-
TION 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 case of operators or owners who
S. 7481 14
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 8-c. 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 may examine EITHER the
prior parking violations record 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 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 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 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
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 shall impose no greater penalty or fine than those upon which
the person was originally charged.
S. 7481 15
S 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 1 of part SS of
chapter 57 of the laws of 2010, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction or administrative tribunal of appropriate
jurisdiction that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant was liable in accordance with section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section, OR (IV) THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (C) OR (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 adminis-
trative 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 9-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of part II of chapter 59 of
the laws of 2010, 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
S. 7481 16
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; OR (IV) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court or administra-
tive 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 9-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of part II of chapter 59 of
the laws of 2010, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant 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 the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, OR THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAP-
TER FOR A VIOLATION OF SUBDIVISION (C) OR (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 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
S. 7481 17
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.
S 9-c. 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 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 three or
more summonses or other process, issued within an eighteen month period,
charging that 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 appro-
priate 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 THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-B OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISIONS (C)
AND (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
sioner or his agent shall deny the registration 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 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 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 10. 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
S. 7481 18
IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. 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 CITY, EXCEPT THAT NO MORE THAN
TWENTY LOCATIONS SHALL BE ACTIVATED WITH MOBILE SPEED LIMIT PHOTO
DEVICES AT ANY ONE TIME DURING ANY YEAR OF SUCH DEMONSTRATION PROGRAM.
SUCH SPEED LIMIT PHOTO DEVICES SHALL BE INSTALLED BASED ON A DEMON-
STRATED NEED, WHICH SHALL BE DETERMINED BY A NUMBER OF CRITERIA, INCLUD-
ING BUT NOT LIMITED TO SPEEDING DATA, ACCIDENT HISTORY AND ROADWAY GEOM-
ETRY.
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
CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (C) OR (D) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
3. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
SPEED LIMIT PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS OR THE CONTENTS OF THE VEHICLE, PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE A PHOTOGRAPH OR PHOTOGRAPHS ALLOW FOR THE IDEN-
TIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER CONTENTS OF A VEHICLE,
PROVIDED THAT SUCH CITY HAS MADE A REASONABLE EFFORT TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION.
4. SUCH DEMONSTRATION PROGRAM SHALL INCLUDE A PROHIBITION ON THE USE
OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFOR-
MATION AND IMAGES CAPTURED BY SPEED CAMERAS EXCEPT AS REQUIRED TO ESTAB-
LISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES;
EXCEPT AS REQUIRED TO RESPOND TO A REQUEST BY LAW ENFORCEMENT OFFICIALS
PERTAINING TO A SPECIFIC ACCIDENT OR SPECIFIC INCIDENT OF ALLEGED CRIMI-
NAL CONDUCT; OR EXCEPT AS OTHERWISE REQUIRED BY LAW.
5. 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.
6. 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.
S. 7481 19
7. 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 IN EXCESS OF
THE MAXIMUM SPEED LIMIT BY TEN OR MORE MILES PER HOUR AND LESS THAN
THIRTY MILES PER HOUR SHALL NOT EXCEED FIFTY DOLLARS, AND THE MONETARY
PENALTY FOR DRIVING IN EXCESS OF THE MAXIMUM SPEED LIMIT BY THIRTY OR
MORE MILES PER HOUR SHALL NOT EXCEED ONE HUNDRED DOLLARS; PROVIDED,
FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND
TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
8. 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.
9. (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
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.
10. 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 SUBDIVI-
SION (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 SUFFICIENT THAT AN ORIGINAL INCIDENT FORM ISSUED BY THE POLICE ON THE
STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS
BUREAU OF SUCH CITY.
11. (A) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION NINE 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:
S. 7481 20
(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 NINE OF THIS SECTION.
12. 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.
13. 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.
14. ANY CITY THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION SHALL SUBMIT A REPORT 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 BY APRIL FIRST, TWO THOUSAND
FIFTEEN. 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;
(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 11. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
part II of chapter 59 of the laws of 2010, 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
S. 7481 21
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-b of this chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, 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 crime victim assistance fee and a mandatory surcharge, in addi-
tion to any sentence required or permitted by law, in accordance with
the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, 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 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 11-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-a of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an adju-
dication of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an adjudication in
accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
S. 7481 22
VISION (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 mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of twenty-five dollars.
S 11-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of part II of chapter 59 of the laws of 2010,
is amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, OR OTHER
THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI-
VISION (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 mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
S 11-c. 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 12. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (m) to read as follows:
(M) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PRODUCED BY A SPEED LIMIT PHOTO DEVICE PREPARED UNDER AUTHORITY
OF SECTION ELEVEN HUNDRED EIGHTY-B OF THE VEHICLE AND TRAFFIC LAW.
S 13. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation of
this act on its effective date shall be promulgated on or before such
date, provided that:
(a) 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 expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section one-a of this act shall take
effect;
(b) the amendments to section 235 of the vehicle and traffic law made
by section one-a of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-b of this act shall take effect;
(c) the amendments to section 235 of the vehicle and traffic law made
by section one-b of this act shall not affect the expiration of such
section and shall be deemed to expire therewith, when upon such date the
provisions of section one-c of this act shall take effect;
S. 7481 23
(d) the amendments to section 235 of the vehicle and traffic law made
by section one-c 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-d of this act shall take effect;
(e) 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 expira-
tion 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;
(f) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-a of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-b of this act shall take
effect;
(g) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two-b of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-c of this act shall take
effect;
(h) the amendments to subdivision 12 of section 237 of the vehicle and
traffic law made by section three of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith,
when upon such date the provisions of section three-a of this act shall
take effect;
(i) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four 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 four-a of this
act shall take effect;
(j) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of this
act shall take effect;
(k) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b 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 four-c of this
act shall take effect;
(l) the amendments to subdivision 4 of section 239 of the vehicle and
traffic law made by section five of this act shall not affect the repeal
of such subdivision and shall be deemed to be repealed therewith, when
upon such date the provisions of section five-a of this act shall take
effect;
(m) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section six-a of this act
shall take effect;
(n) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six-a 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 six-b of this
act shall take effect;
(o) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section six-b of this act shall not
S. 7481 24
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section six-c of this
act shall take effect;
(p) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-a of this act shall take effect;
(q) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-a of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-b of this act shall take effect;
(r) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section seven-b of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section
seven-c of this act shall take effect;
(s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-a of this act
shall take effect;
(t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-a of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-b of this act
shall take effect;
(u) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section eight-b of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-c of this act
shall take effect;
(v) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section nine
of this act shall not affect the expiration of such subparagraph and
shall be deemed to expire therewith, when upon such date the provisions
of section nine-a of this act shall take effect;
(w) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section nine-b of this
act shall take effect;
(x) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section nine-b 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 nine-c of this
act shall take effect;
(y) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eleven 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 eleven-a of this act shall
take effect;
(z) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section eleven-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
S. 7481 25
when upon such date the provisions of section eleven-b of this act shall
take effect; and
(aa) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section eleven-b of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with, when upon such date the provisions of section eleven-c of this act
shall take effect.