NY State Senate Bill 2011-S7481

Senate Bill S7481

2011-2012 Legislative Session

Establishes demonstration program to enforce maximum speed limits by means of speed limit photo devices in city of New York

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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May 24, 2012	referred to transportation

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2011-S7481 (ACTIVE) - Details

See Assembly Version of this Bill:: A7737
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§235, 236, 237, 239, 240, 241, 401 & 1809, add §1180-b, V & T L; amd §87, Pub off L
Versions Introduced in 2013-2014 Legislative Session:: A4327

2011-S7481 (ACTIVE) - Summary

Authorizes the city of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the maximum speed limit or the maximum school speed limit of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, microphotographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; provides for the expiration of this demonstration program five years after the effective date.

2011-S7481 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7481

TITLE OF BILL:
An act to amend the vehicle and traffic law and the public officers law,
in relation to establishing in each 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

SUMMARY OF PROVISIONS:
This bill amends the Vehicle and Traffic Law and the Public Officers Law
to authorize the City of New York to establish a demonstration program
imposing liability on the owners of motor vehicles found to be in
violation of the maximum speed limit or the maximum school speed limit
in the City. Violations would be determined through the use of a speed
limit photo device, which combines speed sensing technology that deter-
mines the speed of a vehicle and captures/records that data by photo-
graphic, micro-graphic, video tape or other recording system and produc-
es an image of a motor vehicle at the moment that it exceeds the speed
limit. The City would be authorized to operate between twenty and forty
cameras.

REASONS FOR SUPPORT:
Speeding motorists are a pervasive problem in some areas of New York
City. The New York City Police Department issues more than 70,000
summonses each year for speeding violations.  Speeding is often a

significant factor in accidents that result in death or injury to motor-
ists and pedestrians, including many children and the elderly. Studies
have shown that if a driver strikes a child at 40 miles per hour (MPH),
there is a 70% chance the child will be killed; if, however, a driver
strikes a child at 30 MPH, there is an 80% chance the child will
survive. Reducing the number of speeding violations is, therefore, a
life-saving endeavor.

Currently, a police officer must be present at the scene of a speeding
violation to observe the violation and to serve the operator of the
vehicle with a summons. Police officers are notable to observe every
speeding violation. In fact, a motorist can rely on the odds that a
speeding violation will not be detected.

The purpose of this legislation is to develop a system that would
supplement the police effort by using recent technology to record speed-
ing violations on film or another recording device. The program would
operate in the same manner as the Red Light Camera Program, which has
successfully reduced the incidence of red light violations in the City,
ultimately preventing accidents and saving lives.

Technology presently exists that will capture vehicles that exceed the
maximum speed limit without the presence of a police officer. This
combines speed-sensing technology that determines the speed of a vehicle
and captures that data by a photographic, micro-graphic, videotape or

other recording system and produces an image of the motor vehicle at the
moment that it exceeds the speed limit. The image can then be used as
evidence in a proceeding to impose liability on the owner of the vehicle
for the speeding violation.

This technology is presently in use in Alabama, Arizona, Colorado, the
District of Columbia, Iowa, Louisiana, Maryland, Missouri, New Mexico,
Ohio, Oregon, Tennessee, Washington, Australia, Canada and the United
Kingdom.

Accordingly, the Mayor urges the earliest possible favorable consider-
ation of this proposal by the Legislature.

2011-S7481 (ACTIVE) - Bill Text download pdf

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

                                  7481

                            I N  S E N A T E

                              May 24, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- 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 each 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  section 1 of part II of chapter 59 of the laws of
2010, is amended to read as follows:
  1. Notwithstanding any inconsistent provision of any general,  special
or  local  law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized  to  establish  an  administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting  parking,  standing  or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a  of  this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven  of  this
chapter  in  accordance  with  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 accordance with the provisions of section two thousand
nine hundred eighty-five of the  public  authorities  law  and  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
owners in accordance with section eleven hundred eleven-c of this  chap-
ter  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

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

                                                           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.

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Senate Bill S7481

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Sponsored By

Andrew J. Lanza