NY State Assembly Bill 2015-A7901A

Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2016	print number 7901a
Mar 14, 2016	amend and recommit to transportation
Jan 06, 2016	referred to transportation
May 29, 2015	referred to transportation

Bill Amendments

Original

A (Active)

2015-A7901 - Details

See Senate Version of this Bill:: S5300
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1111-f, amd §§401, 1809 & 1809-e, V & T L; amd §371, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: A883, S1696

2015-A7901 - Summary

Permits the installation of cameras on traffic lights in the town of Wallkill; relates to owner liability for failure to comply with traffic control indications.

2015-A7901 - Bill Text download pdf

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

                                  7901

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Transportation

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

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1111-e to read as follows:
  S 1111-E. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL  INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE TOWN OF WALLKILL, IN THE COUNTY OF ORANGE IS HEREBY  AUTHOR-
IZED  AND  EMPOWERED  TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTAB-
LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH  TRAFFIC-
CONTROL  INDICATIONS  IN  SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  SUCH  CITY  TO
INSTALL  AND  OPERATE  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
DEVICES AT NO MORE THAN FOUR INTERSECTIONS WITHIN SUCH TOWN AT  ANY  ONE
TIME.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
CLE, PROVIDED THAT SUCH TOWN HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-01-5

A. 7901                             2

  (B) IN ANY SUCH TOWN WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  OF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN  OF  THIS  ARTICLE,  AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE TOWN OF WALLKILL IN WHICH  THE  CHARGED  VIOLATION  OCCURRED,  OR  A
FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED  BY  TRAFFIC-CONTROL
SIGNAL  PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A  VIOLATION  SHALL  BE
AVAILABLE  FOR  INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
  (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
ELEVEN  HUNDRED  ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH  IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH TOWN BY LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
THE  LIABILITY  OF  THE  OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH

A. 7901                             3

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

A. 7901                             4

  (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH  SHALL  RENDER  THE  OWNER LIABLE FOR THE PENALTY DESCRIBED IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS  OPERATING  SUCH
VEHICLE  WITH  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (1) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M) IN ANY SUCH TOWN WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT  TO
SUBDIVISION (A) OF THIS SECTION, SUCH TOWN SHALL SUBMIT AN ANNUAL REPORT
ON  THE  RESULTS  OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION
MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE  FIRST,  TWO  THOUSAND
SIXTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
STRATION  PROGRAM  IS  OPERABLE.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL  SIGNAL  PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT  OF  MOTOR
VEHICLES OF THIS STATE;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;

A. 7901                             5

  4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH TOWN FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH TOWN IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
ALLEGED VIOLATION.
  S 2. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
traffic law, as separately amended by chapter 19, 20, 21, 22, 23 and 383
of the laws of 2009; subparagraph (i) as separately amended by section 1
of  chapter  43 and section 8 of chapters 99, 101 and 123 of the laws of
2014, is amended to read as follows:
  a. (i) If at the time of application for  a  registration  or  renewal
thereof  there  is  a  certification  from  a  court, parking violations
bureau, traffic and parking violations agency or administrative tribunal
of appropriate jurisdiction that the registrant or his or her  represen-
tative  failed  to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of  an  adminis-
trative  tribunal  following  entry of a final decision in response to a
total of three or more summonses or  other  process  in  the  aggregate,
issued  within  an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor  vehi-
cle  was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for  hire  by  the  appropriate  local
authority,  in  violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by  a  local  authority;  or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a,  section  eleven hundred eleven-b [or], section eleven hundred
eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  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, or (v) the registrant was liable in accordance
with section eleven hundred eighty-c of this chapter 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 administrative tribunal wherein
the charges are pending that an appearance or answer has been made or in
the  case of an administrative tribunal that he or she has complied with
the rules and regulations of said tribunal following entry  of  a  final

A. 7901                             6

decision.  Where  an application is denied pursuant to this section, the
commissioner may, in his or  her  discretion,  deny  a  registration  or
renewal  application  to  any  other person for the same vehicle and may
deny  a  registration or renewal application for any other motor vehicle
registered in the name of  the  applicant  where  the  commissioner  has
determined  that such registrant's intent has been to evade the purposes
of this subdivision and where the commissioner has reasonable grounds to
believe that such registration  or  renewal  will  have  the  effect  of
defeating  the  purposes  of  this  subdivision.  Such denial shall only
remain in effect as long as the summonses remain unanswered, or  in  the
case  of an administrative tribunal, the registrant fails to comply with
the rules and regulations following entry of a final decision.
  (ii) For purposes of this paragraph, the term "motor vehicle  operated
for  hire" shall mean and include a taxicab, livery, coach, limousine or
tow truck.
  S 2-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic law, as separately amended by section 1-a of chapter 43 and
sections 8-a of chapters 99, 101 and 123 of the laws of 2014, is amended
to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b OR SECTION ELEVEN  HUNDRED  ELEVEN-E  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 eleven-d of this chap-
ter for a violation of subdivision (d) of section eleven hundred  eleven
of  this  chapter  or  (v)  the registrant was liable in accordance with
section eleven hundred eighty-b of  this  chapter  for  a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter; or [(v)] (VI) the registrant was liable  in  accordance
with  section eleven hundred eighty-c of this chapter for a violation of
subdivision (b), (c), (d), (f) or (g) 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 pend-
ing 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

A. 7901                             7

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  2-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by section 1-b of chapter 43  and
sections 8-b of chapters 99, 101 and 123 of the laws of 2014, 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: (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 accord-
ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
violation of a bus lane restriction as defined in such section; or (iii)
the  registrant  was  liable  in  accordance with section eleven hundred
eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of  this  chapter  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter; or (iv) the registrant was liable in  accordance  with  section
eleven  hundred  eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, or (V) the registrant was liable in accordance with section  eleven
hundred  eighty-c  of  this  chapter for a violation of subdivision (b),
(c), (d), (f) or (g) 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  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal 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 2-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic law, as separately amended by section 1-c of chapter 43 and

A. 7901                             8

sections 8-c of chapters 99, 101 and 123 of the laws of 2014, 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: (i) such motor vehicle was parked, stopped  or  standing,
or  that  such  motor vehicle was operated for hire by the registrant or
his agent without being licensed as a motor  vehicle  for  hire  by  the
appropriate  local  authority,  in violation of any of the provisions of
this chapter or of any law, ordinance, rule  or  regulation  made  by  a
local  authority;  or  (ii) the registrant was liable in accordance with
section eleven hundred eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  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  eighty-b of this chapter for
violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
hundred  eighty  of  this  chapter, or (IV) the registrant was liable in
accordance with section eleven hundred  eighty-c  of  this  chapter  for
violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, the commissioner 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 regu-
lations 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  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 2-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic law, as separately amended by section 1-d of chapter 43 and
sections 8-d of chapters 99, 101 and 123 of the laws of 2014, 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

A. 7901                             9

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-c of this chapter for violations of  subdivision  (b),
(c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
or the registrant was liable in accordance with section  eleven  hundred
eleven-d  OR  SECTION  ELEVEN  HUNDRED  ELEVEN-E  of  this chapter for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter,  the  commissioner  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  appear-
ance  or answer has been made or in the case of an administrative tribu-
nal 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 commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able 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 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and  traffic  law,  as separately amended by section 8-d of chapters 99,
101 and 123 of the laws of 2014, is amended to read a 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 eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of  this  chapter
for  a  violation of subdivision (d) of section eleven hundred eleven of
this chapter, the commissioner 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 subdivi-

A. 7901                            10

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  2-f.  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  ELEVEN-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
his  agent  shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has  been  made
or  in  the case of an administrative tribunal that he 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  regis-
tered 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 adminis-
trative tribunal, the registrant fails to  comply  with  the  rules  and
regulations following entry of a final decision.
  S  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
opening  paragraph  and paragraph (c) as separately amended by section 3
of chapter 43 and section 10 of chapters 99, 101 and 123 of the laws  of
2014, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  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

A. 7901                            11

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 (d)
of  section  eleven  hundred  eleven  of this chapter in accordance with
section eleven hundred eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of
this chapter, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability  of
an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, there shall be levied  a  crime
victim  assistance  fee  and  a  mandatory surcharge, in addition to any
sentence required or permitted by law, in accordance with the  following
schedule:
  (a)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction  pursuant  to
article  nine  of  this  chapter,  there  shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
  (b) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this  chapter,  there  shall  be
levied,  in  addition  to  any  sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars  and  a
mandatory surcharge in accordance with the following schedule:
  (i)  a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars.
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  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  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-d OR SECTION ELEVEN HUNDRED ELEVEN-E of this chapter, or
other than an infraction pursuant to article nine  of  this  chapter  or
other  than  an adjudication of liability of an owner for a violation of
toll collection  regulations  pursuant  to  section  two  thousand  nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or other than an adjudication in  accord-
ance  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-

A. 7901                            12

vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
this chapter in accordance with section eleven hundred eighty-b of  this
chapter,  or  other  than an adjudication of liability of an owner for a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c of this chapter, there shall be levied a crime  victim  assist-
ance  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  3-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 3-a of chapter 43 and section  10-a  of
chapters  99,  101  and  123  of the laws of 2014, 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-
vision (d) of section eleven hundred eleven of this chapter  in  accord-
ance  with  section  eleven  hundred  eleven-d OR SECTION ELEVEN HUNDRED
ELEVEN-E of this chapter, or other than an adjudication of liability  of
an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter  in  accord-
ance  with  section eleven hundred eighty-c 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 3-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  separately  amended by section 3-b of chapter 43 and section 10-b of
chapters 99, 101 and 123 of the laws of 2014,  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  (d)  of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred  eleven-d  OR  SECTION  ELEVEN  HUNDRED
ELEVEN-E  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
section eleven hundred eighty of this chapter in accordance with section

A. 7901                            13

eleven  hundred  eighty-b of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (b),  (c),  (d),
(f)  or  (g) of section eleven hundred eighty of this chapter in accord-
ance  with  section eleven hundred eighty-c 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 3-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  separately  amended by section 3-c of chapter 43 and section 10-c of
chapters 99, 101 and 123 of the laws of 2014,  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 (b),  (c),  (d),
(f)  or  (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-c 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-d  OR  SECTION  ELEVEN
HUNDRED  ELEVEN-E  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  3-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 3-d of chapter 43 and section  10-d  of
chapters  99,  101  and  123  of the laws of 2014, 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 (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter  in  accord-
ance with section eleven hundred eighty-c 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-d OR SECTION ELEVEN HUNDRED ELEVEN-E 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  3-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as separately amended by section 10-d of chapters 99, 101 and 123 of the
laws of 2014, 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 (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-d  AND  SECTION ELEVEN HUNDRED ELEVEN-E of this chapter,

A. 7901                            14

there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
  S  3-f.  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 (D)  OF  SECTION
ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-E 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 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as separately amended  by  section  4  of  chapter  43  and
section  11  of chapters 99, 101 and 123 of the laws of 2014, is amended
to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section  eleven  hundred  eleven-a  [of  this
chapter  or  in  accordance  with],  section  eleven hundred eleven-d OR
SECTION ELEVEN HUNDRED ELEVEN-E of this chapter, and except  an  adjudi-
cation  of  liability  of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-b of this chapter, and except an  adjudication  in
accordance  with  section  eleven  hundred eleven-c of this chapter of a
violation of a bus lane restriction as  defined  in  such  section,  and
except  an  adjudication  of  liability  of  an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-b of
this chapter, and except an adjudication of liability of an owner for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c of this chapter, and except an adjudication of liability of  an
owner for a violation of toll collection regulations pursuant to section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S  4-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 4-a of chapter 43  and
section 11-a of chapters 99, 101 and 123 of the laws of 2014, is amended
to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-

A. 7901                            15

ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
cation in accordance with section eleven hundred eleven-c of this  chap-
ter of a violation of a bus lane restriction as defined in such section,
and  except  an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-b of
this chapter, and except an adjudication of liability of an owner for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c of this chapter, and except an adjudication of liability of  an
owner for a violation of toll collection regulations pursuant to section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S  4-b.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 4-b of chapter 43  and
section 11-b of chapters 99, 101 and 123 of the laws of 2014, is amended
to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred eighty-b of this chapter, and
except an adjudication of liability of  an  owner  for  a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-c  of
this  chapter, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section  two  thou-
sand  nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to any sentence, penalty or other surcharge  required  or  permitted  by
law, an additional surcharge of twenty-eight dollars.
  S  4-c.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 4-c of chapter 43  and

A. 7901                            16

section 11-c of chapters 99, 101 and 123 of the laws of 2014, is amended
to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred eighty-c of this chapter, and
except an adjudication of liability of an owner for a violation of  toll
collection  regulations  pursuant  to  section two thousand nine hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted  by  law,  an
additional surcharge of twenty-eight dollars.
  S  4-d.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as separately amended by section 11-c of  chapters  99,
101 and 123 of the laws of 2014, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
fifty,  there  shall  be  levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
  S 4-e. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic law, as amended by section 5 of part C of chapter 55 of the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or

A. 7901                            17

bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred  eleven-a  OR  SECTION
ELEVEN  HUNDRED  ELEVEN-E of this chapter, and except an adjudication of
liability of an owner for a violation  of  toll  collection  regulations
pursuant  to section two thousand nine hundred eighty-five of the public
authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
there shall be levied in addition to  any  sentence,  penalty  or  other
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
  S  5.  Subdivision  1  of section 371 of the general municipal law, as
separately amended by section 12 of chapters 99, 101 and 123 of the laws
of 2014, is amended to read as follows:
  1. A traffic violations bureau so established  may  be  authorized  to
dispose of violations of traffic laws, ordinances, rules and regulations
when  such offenses shall not constitute the traffic infraction known as
speeding or a misdemeanor or felony, and, if authorized by local law  or
ordinance,  to  adjudicate  the  liability  of  owners for violations of
subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
traffic  law  in accordance with section eleven hundred eleven-a of such
law or section eleven hundred eleven-b of such law as added by  sections
sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
two thousand nine which amended  this  subdivision,  or  section  eleven
hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of such law.
  S 5-a. Section 371 of the general municipal law, as separately amended
by  section  12-a  of  chapters  99, 101 and 123 of the laws of 2014, is
amended to read as follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-
tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-b of such law as  added  by  sections  sixteen  of
chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
nine which amended this section or section eleven  hundred  eleven-d  OR
SECTION  ELEVEN  HUNDRED  ELEVEN-E  of  such law, by permitting a person
charged with an offense within the limitations herein stated, to answer,
within a specified time, at the traffic  violations  bureau,  either  in
person or by written power of attorney in such form as may be prescribed
in  the  ordinance creating the bureau, by paying a prescribed fine and,
in writing, waiving a hearing in court, pleading guilty to the charge or
admitting liability as an owner for the violation of subdivision (d)  of
section  eleven  hundred  eleven  of the vehicle and traffic law, as the
case may be, and authorizing the person in charge of the bureau to  make
such a plea or admission and pay such a fine in court. Acceptance of the
prescribed  fine  and  power  of  attorney by the bureau shall be deemed
complete satisfaction for the violation or of  the  liability,  and  the
violator  or  owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law shall  be  given  a
receipt  which  so  states. If a person charged with a traffic violation
does not answer as hereinbefore prescribed, within  a  designated  time,
the  bureau  shall  cause  a  complaint to be entered against him or her
forthwith and a warrant to be issued for his or her arrest  and  appear-

A. 7901                            18

ance  before  the  court.  Any  person  who  shall have been, within the
preceding twelve months, guilty of a number  of  parking  violations  in
excess  of  such maximum number as may be designated by the court, or of
three  or  more  violations  other than parking violations, shall not be
permitted to appear and answer to a subsequent violation at the  traffic
violations  bureau,  but must appear in court at a time specified by the
bureau. Such traffic  violations  bureau  shall  not  be  authorized  to
deprive a person of his or her right to counsel or to prevent him or her
from  exercising  his  or  her  right  to  appear in court to answer to,
explain, or defend any charge of a violation of any traffic  law,  ordi-
nance, rule or regulation.
  S 5-b. Section 371 of the general municipal law, as separately amended
by  section  12-b  of  chapters  99, 101 and 123 of the laws of 2014, is
amended to read as follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-
tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of the  vehi-
cle  and  traffic  law,  by  permitting a person charged with an offense
within the limitations herein stated,  to  answer,  within  a  specified
time,  at  the traffic violations bureau, either in person or by written
power of attorney in such form as may be  prescribed  in  the  ordinance
creating  the bureau, by paying a prescribed fine and, in writing, waiv-
ing a hearing in court, pleading  guilty  to  the  charge  or  admitting
liability  as  an  owner for the violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law, as  the  case  may
be,  and  authorizing  the person in charge of the bureau to make such a
plea or admission and pay such  a  fine  in  court.  Acceptance  of  the
prescribed  fine  and  power  of  attorney by the bureau shall be deemed
complete satisfaction for the violation or of  the  liability,  and  the
violator  or  owner liable for a violation of subdivision (d) of section
eleven hundred eleven of the vehicle and traffic law shall  be  given  a
receipt  which  so  states. If a person charged with a traffic violation
does not answer as hereinbefore prescribed, within  a  designated  time,
the  bureau  shall  cause  a  complaint to be entered against him or her
forthwith and a warrant to be issued for his or her arrest  and  appear-
ance  before  the  court.  Any  person  who  shall have been, within the
preceding twelve months, guilty of a number  of  parking  violations  in
excess  of  such maximum number as may be designated by the court, or of
three or more violations other than parking  violations,  shall  not  be
permitted  to appear and answer to a subsequent violation at the traffic
violations bureau, but must appear in court at a time specified  by  the
bureau.  Such  traffic  violations  bureau  shall  not  be authorized to
deprive a person of his or her right to counsel or to prevent him or her
from exercising his or her right  to  appear  in  court  to  answer  to,
explain,  or  defend any charge of a violation of any traffic law, ordi-
nance, rule or regulation.
  S 5-c. Section 371 of the general municipal law, as amended by chapter
802 of the laws of 1949, is amended to read as follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-

A. 7901                            19

tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, AND IF AUTHORIZED BY LOCAL  LAW  OR  ORDINANCE,  TO  ADJUDICATE  THE
LIABILITY  OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, by permitting a
person charged with an offense within the limitations herein stated,  to
answer,  within  a  specified  time,  at  the traffic violations bureau,
either in person or by written power of attorney in such form as may  be
prescribed  in the ordinance creating the bureau, by paying a prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge and authorizing the person in charge of the bureau to make such a
plea and pay such a fine in court.   Acceptance of the  prescribed  fine
and  power  of attorney by the bureau shall be deemed complete satisfac-
tion for the violation, and the violator shall be given a receipt  which
so  states. If a person charged with a traffic violation does not answer
as hereinbefore prescribed, within a designated time, the  bureau  shall
cause  a  complaint to be entered against him forthwith and a warrant to
be issued for his arrest and appearance before the court. Any person who
shall have been, within the preceding twelve months, guilty of a  number
of  parking violations in excess of such maximum number as may be desig-
nated by the court, or of three or more violations  other  than  parking
violations,  shall not be permitted to appear and answer to a subsequent
violation at the traffic violations bureau, but must appear in court  at
a time specified by the bureau. Such traffic violations bureau shall not
be  authorized to deprive a person of his right to counsel or to prevent
him from exercising his right to appear in court to answer to,  explain,
or  defend any charge of a violation of any traffic law, ordinance, rule
or regulation.
  S 6. 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
effective date, provided that:
  (a) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two 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 two-a  of  this
act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section two-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 two-b of this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-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 two-c  of  this
act shall take effect;
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section two-c 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 two-d of this
act shall take effect;
  (e) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-d of this act shall  not

A. 7901                            20

affect  the  expiration  of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section two-e  of  this
act shall take effect;
  (e-1)  the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section two-e 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 two-f of
this act shall take effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three 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 three-a of this act shall  take
effect;
  (g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section three-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire  therewith,
when  upon such date the provisions of section three-b of this act shall
take effect;
  (h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-b 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 three-c of this act  shall
take effect;
  (i) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section three-c 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 three-d of this act shall
take effect;
  (j) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-d 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 three-e of this act  shall
take effect;
  (j-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section three-e 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 three-f of this act shall
take effect;
  (k) the amendments to paragraph a of subdivision 1 of  section  1809-e
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;
  (l) the amendments to paragraph a of subdivision 1 of  section  1809-e
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;
  (m) the amendments to paragraph a of subdivision 1 of  section  1809-e
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;
  (n) the amendments to paragraph a of subdivision 1 of  section  1809-e
of  the vehicle and traffic law made by section four-c of this act shall
not affect the expiration of such  paragraph  and  shall  be  deemed  to

A. 7901                            21

expire  therewith,  when upon such date the provisions of section four-d
of this act shall take effect;
  (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four-d 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-e
of this act shall take effect;
  (p)  the  amendments  to  subdivision  1 of section 371 of the general
municipal law made by section five 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 five-a of this  act  shall
take effect;
  (q) the amendments to section 371 of the general municipal law made by
section  five-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 five-b of this act shall take effect; and
  (r) the amendments to section 371 of the general municipal law made by
section five-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 five-c of this act shall take effect.

2015-A7901A (ACTIVE) - Details

See Senate Version of this Bill:: S5300
Current Committee:: Assembly Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1111-f, amd §§401, 1809 & 1809-e, V & T L; amd §371, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: A883, S1696

2015-A7901A (ACTIVE) - Summary

Permits the installation of cameras on traffic lights in the town of Wallkill; relates to owner liability for failure to comply with traffic control indications.

2015-A7901A (ACTIVE) - Bill Text download pdf

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

                                 7901--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2015
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Transportation -- recommitted to the Committee  on  Transporta-
  tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

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

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1111-f to read as follows:
  S 1111-F. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
TRAFFIC-CONTROL  INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE TOWN OF WALLKILL, IN THE COUNTY OF ORANGE IS HEREBY  AUTHOR-
IZED  AND  EMPOWERED  TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTAB-
LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH  TRAFFIC-
CONTROL  INDICATIONS  IN  SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  SUCH  TOWN  TO
INSTALL  AND  OPERATE  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
DEVICES AT NO MORE THAN FOUR INTERSECTIONS WITHIN SUCH TOWN AT  ANY  ONE
TIME.
  2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-05-6

A. 7901--A                          2

CLE, PROVIDED THAT SUCH TOWN HAS MADE A REASONABLE EFFORT TO COMPLY WITH
THE PROVISIONS OF THIS PARAGRAPH.
  (B) IN ANY SUCH TOWN WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  OF  SUCH  VEHICLE
WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS ARTICLE, AND  SUCH  VIOLATION  IS  EVIDENCED  BY  INFORMATION
OBTAINED   FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE  FOR
A  PENALTY  IMPOSED  PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING  VIOLATION  OF  SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (C)  FOR  PURPOSES  OF  THIS  SECTION,  "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN  A
VEHICLE  SENSOR  INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF  EACH  VEHICLE
AT  THE  TIME  IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A  TECHNICIAN  EMPLOYED  BY
THE  TOWN  OF  WALLKILL  IN  WHICH  THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON  INSPECTION  OF  PHOTOGRAPHS,  MICROPHOTO-
GRAPHS,  VIDEOTAPE  OR OTHER RECORDED IMAGES PRODUCED BY TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE  EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
OTAPE  OR  OTHER  RECORDED  IMAGES  EVIDENCING SUCH A VIOLATION SHALL BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE  THE  LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
  (E)  AN  OWNER  LIABLE  FOR  A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW  OR  ORDI-
NANCE  ADOPTED  PURSUANT  TO  THIS  SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH TOWN BY  LOCAL
LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
VIOLATIONS  BUREAU,  SUCH  SCHEDULE SHALL BE PROMULGATED BY SUCH BUREAU.
THE LIABILITY OF THE OWNER PURSUANT TO THIS  SECTION  SHALL  NOT  EXCEED
FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
OR  ORDINANCE  MAY  PROVIDE  FOR  AN ADDITIONAL PENALTY NOT IN EXCESS OF
TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND  TO  A
NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
  (F)  AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF  THE  PERSON  UPON
WHOM  SUCH  LIABILITY  IS  IMPOSED  NOR  SHALL  IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
  (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
(D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A  MANUAL
OR  AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
  2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE
PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION

A. 7901--A                          3

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

A. 7901--A                          4

  (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
THIS CHAPTER; AND
  (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
  (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH  SHALL  RENDER  THE  OWNER LIABLE FOR THE PENALTY DESCRIBED IN
THIS SECTION.
  (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
SECTION.
  (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
  2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS  OPERATING  SUCH
VEHICLE  WITH  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
  (1) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
  (M) IN ANY SUCH TOWN WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT  TO
SUBDIVISION (A) OF THIS SECTION, SUCH TOWN SHALL SUBMIT AN ANNUAL REPORT
ON  THE  RESULTS  OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION
MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE  FIRST,  TWO  THOUSAND
SEVENTEEN  AND  ON  THE  SAME  DATE IN EACH SUCCEEDING YEAR IN WHICH THE
DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO:
  1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL  SIGNAL  PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
  2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT  OF  MOTOR
VEHICLES OF THIS STATE;
  3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;

A. 7901--A                          5

  4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
  5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
  7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
RECORDED BY SUCH SYSTEMS;
  8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH TOWN FROM SUCH ADJUDI-
CATIONS;
  9. EXPENSES INCURRED BY SUCH TOWN IN CONNECTION WITH THE PROGRAM; AND
  10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
  (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
ALLEGED VIOLATION.
  S 2. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
traffic  law,  as  separately amended by chapters 19, 20, 21, 22, 23 and
383 of the laws of 2009; subparagraph (i) as amended by chapter  222  of
the laws of 2015, is amended to read as follows:
  a.  (i)  If  at  the time of application for a registration or renewal
thereof there is  a  certification  from  a  court,  parking  violations
bureau, traffic and parking violations agency or administrative tribunal
of  appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a, section eleven hundred  eleven-b  or  section  eleven  hundred
eleven-d  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, or (v) the
registrant was liable in accordance with section eleven hundred eighty-c
of this chapter for a violation of subdivision (c)  or  (d)  of  section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in  accordance  with  section  eleven hundred eleven-e OR SECTION ELEVEN
HUNDRED ELEVEN-F of this chapter for a violation of subdivision  (d)  of
section  eleven  hundred eleven of this chapter, the commissioner or his
or her agent shall deny the registration or  renewal  application  until
the  applicant  provides  proof  from  the  court,  traffic  and parking
violations agency or administrative tribunal  wherein  the  charges  are
pending  that an appearance or answer has been made or in the case of an

A. 7901--A                          6

administrative tribunal that he or she has complied with the  rules  and
regulations  of said tribunal following entry of a final decision. Where
an application is denied pursuant to this section, the commissioner may,
in  his or her discretion, deny a registration or renewal application to
any other person for the same vehicle and may  deny  a  registration  or
renewal  application  for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such  regis-
trant's  intent  has  been to evade the purposes of this subdivision and
where the commissioner has  reasonable  grounds  to  believe  that  such
registration  or  renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long  as
the  summonses  remain  unanswered,  or in the case of an administrative
tribunal, the registrant fails to comply with the rules and  regulations
following entry of a final decision.
  (ii)  For purposes of this paragraph, the term "motor vehicle operated
for hire" shall mean and include a taxicab, livery, coach, limousine  or
tow truck.
  S  2-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of chapter 222 of the laws of
2015, is amended to read as follows:
  a. If at the time of application for a registration or renewal thereof
there is a certification from a  court  or  administrative  tribunal  of
appropriate  jurisdiction  that  the  registrant or his or her represen-
tative failed to appear on the return date or any  subsequent  adjourned
date  or  failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in  response  to  a
total  of  three  or  more  summonses or other process in the aggregate,
issued within an eighteen month period, charging either that:  (i)  such
motor  vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent  without
being  licensed  as  a  motor  vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter  or  of
any  law,  ordinance,  rule  or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of  this  chapter;  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  eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter or (v)  the  regis-
trant  was  liable in accordance with section eleven hundred eighty-b of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter; or (v) the registrant was
liable in accordance with section eleven hundred eighty-c of this  chap-
ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred  eleven-e  OR  SECTION  ELEVEN
HUNDRED  ELEVEN-F  of this chapter for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, the commissioner  or  his
or  her  agent  shall deny the registration or renewal application until
the applicant provides proof from the court or  administrative  tribunal
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

A. 7901--A                          7

section, the commissioner may, in his or her discretion, deny  a  regis-
tration  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 2-b. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 8-b of chapter 222 of the laws of
2015, 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: (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 accord-
ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
violation of a bus lane restriction as defined in such section; or (iii)
the  registrant  was  liable  in  accordance with section eleven hundred
eleven-d of this chapter for a violation of subdivision (d)  of  section
eleven hundred eleven of this chapter; or (iv) the registrant was liable
in accordance with section eleven hundred eighty-b of this chapter for a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, or the registrant was liable in  accord-
ance  with  section  eleven  hundred  eighty-c  of  this  chapter  for a
violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
accordance with  section  eleven  hundred  eleven-e  OR  SECTION  ELEVEN
HUNDRED  ELEVEN-F  of this chapter for a violation of subdivision (d) of
section eleven hundred eleven of this chapter, the commissioner  or  his
or  her  agent  shall deny the registration or renewal application until
the applicant provides proof from the court or  administrative  tribunal
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  regis-
tration  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

A. 7901--A                          8

the  case  of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
  S  2-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-c of chapter 222 of the laws of
2015, 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: (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  accord-
ance  with  section  eleven  hundred  eleven-d  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 eighty-b of this chapter for  violations  of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter,  or  the  registrant  was  liable in accordance with section eleven
hundred eighty-c of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty  of  this  chapter;  or
(iv) the registrant was liable in accordance with section eleven hundred
eleven-e  OR  SECTION  ELEVEN  HUNDRED  ELEVEN-F  of  this chapter for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter,  the  commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from  the
court or administrative tribunal wherein the charges are pending that an
appearance  or  answer has been made or in the case of an administrative
tribunal that he 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 2-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 8-d of chapter 222 of the laws of
2015, 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. 7901--A                          9

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-d of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter, or the
registrant was liable in accordance with section eleven hundred eleven-e
OR SECTION ELEVEN HUNDRED ELEVEN-F of this chapter for  a  violation  of
subdivision  (d)  of  section eleven hundred eleven of this chapter, the
commissioner or his or her agent shall deny the registration or  renewal
application  until the applicant provides proof from the court or admin-
istrative 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 follow-
ing 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 commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able 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 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
and traffic law, as amended by section 8-e of chapter 222 of the laws of
2015, 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-d of this chapter for a violation  of
subdivision (d) of section eleven hundred eleven of this chapter, or the
registrant was liable in accordance with section eleven hundred eleven-e
OR  SECTION  ELEVEN  HUNDRED ELEVEN-F of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of  this  chapter,  the
commissioner  or his or her agent shall deny the registration or renewal
application until the applicant provides proof from the court or  admin-
istrative 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  follow-
ing  entry of a final decision.  Where an application is denied pursuant

A. 7901--A                         10

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 commis-
sioner has determined that such registrant's intent has  been  to  evade
the  purposes of this subdivision and where the commissioner has reason-
able 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 2-f.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
and traffic law, as amended by section 8-f of chapter 222 of the laws of
2015, 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-e OR SECTION ELEVEN HUNDRED  ELEVEN-F
of  this  chapter  for  a violation of subdivision (d) of section eleven
hundred eleven of this chapter, the commissioner or  his  or  her  agent
shall  deny  the registration or renewal application until the applicant
provides proof from the court or  administrative  tribunal  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 commission-
er  may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion 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 subdivi-
sion 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  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 2-g. 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

A. 7901--A                         11

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 ELEVEN-E OF THIS CHAPTER FOR A VIOLATION OF  SUBDIVISION  (D)
OF  SECTION  ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER, the commissioner or
his agent shall deny the registration or renewal application  until  the
applicant provides proof from the court or administrative tribunal wher-
ein  the  charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he 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 regis-
tered 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  adminis-
trative  tribunal,  the  registrant  fails  to comply with the rules and
regulations following entry of a final decision.
  S 3. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
amended  by  section 2 of part DD of chapter 56 of the laws of 2008, the
opening paragraph and paragraph (c) as amended by  chapter  222  of  the
laws of 2015, is amended to read as follows:
  1.  Whenever  proceedings  in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, or  parking  or  violations  by
pedestrians or bicyclists, or other than an adjudication of liability of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-a  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 subdivision (d)
of  section  eleven  hundred  eleven  of this chapter in accordance with
section eleven hundred eleven-d of this chapter, or other than an  adju-
dication  of  liability  of an owner for a violation of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
accordance with section eleven hundred  eighty-b  of  this  chapter,  or
other  than  an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-c 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-e OR SECTION

A. 7901--A                         12

ELEVEN HUNDRED ELEVEN-F of this chapter, there shall be levied  a  crime
victim  assistance  fee  and  a  mandatory surcharge, in addition to any
sentence required or permitted by law, in accordance with the  following
schedule:
  (a)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for a traffic infraction  pursuant  to
article  nine  of  this  chapter,  there  shall be levied a crime victim
assistance fee in the amount of five dollars and a mandatory  surcharge,
in  addition to any sentence required or permitted by law, in the amount
of twenty-five dollars.
  (b) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a misdemeanor or felony pursuant
to section eleven hundred ninety-two of this  chapter,  there  shall  be
levied,  in  addition  to  any  sentence required or permitted by law, a
crime victim assistance fee in the amount of twenty-five dollars  and  a
mandatory surcharge in accordance with the following schedule:
  (i)  a person convicted of a felony shall pay a mandatory surcharge of
three hundred dollars;
  (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
surcharge of one hundred seventy-five dollars.
  (c)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for  an  offense  under  this  chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter,  or  a  traffic  infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to  this  chapter,  other
than  a  traffic  infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than  an  adjudication
of  liability  of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-a  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  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-d  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 (b), (c), (d), (f) or (g) of  section  eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b  of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
section eleven hundred eighty of this chapter in accordance with section
eleven  hundred  eighty-c 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-e OR SECTION ELEVEN HUNDRED  ELEVEN-F  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.

A. 7901--A                         13

  S  3-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-a of chapter  222  of  the  laws  of  2015,  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-
vision  (d)  of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for  a  violation
of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred  eight-
y-c  of  this  chapter, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e OR
SECTION ELEVEN HUNDRED ELEVEN-F 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  3-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of chapter  222  of  the  laws  of  2015,  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  (d)  of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for  a  violation
of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred  eight-
y-c  of  this  chapter, or other than an adjudication of liability of an
owner for a violation of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with section eleven hundred eleven-e OR
SECTION ELEVEN HUNDRED ELEVEN-F of this chapter, there shall be levied a

A. 7901--A                         14

mandatory surcharge, in addition to any sentence required  or  permitted
by law, in the amount of seventeen dollars.
  S  3-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-c of chapter  222  of  the  laws  of  2015,  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 (b),  (c),  (d),
(f)  or  (g) of section eleven hundred eighty of this chapter in accord-
ance with section eleven hundred eighty-b of this chapter, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-c 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-d  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-e  OR  SECTION ELEVEN
HUNDRED ELEVEN-F 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 3-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
as  amended  by  section  10-d  of  chapter  222 of the laws of 2015, 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 (b), (c), (d),
(f) or (g) of section eleven hundred eighty of this chapter  in  accord-
ance with section eleven hundred eighty-c 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-d of this chapter, 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-e OR SECTION ELEVEN HUNDRED ELEVEN-F of this chap-
ter,  there  shall  be  levied a mandatory surcharge, in addition to any
sentence required or permitted  by  law,  in  the  amount  of  seventeen
dollars.
  S  3-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-e of chapter  222  of  the  laws  of  2015,  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 (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-d of this chapter,  or  other  than  an  adjudication  of

A. 7901--A                         15

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-e  OR  SECTION  ELEVEN HUNDRED ELEVEN-F 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  3-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-f of chapter  222  of  the  laws  of  2015,  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 (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-e OR SECTION ELEVEN HUNDRED  ELEVEN-F  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  3-g.  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 (D)  OF  SECTION
ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-E 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 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law, as amended by section 11 of chapter  222  of  the  laws  of
2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance with], section eleven hundred eleven-d [of this
chapter, or in accordance with],  section  eleven  hundred  eleven-e  OR
SECTION  ELEVEN  HUNDRED ELEVEN-F of this chapter, and except an adjudi-
cation of liability of an owner for a violation of  subdivision  (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-b of this chapter, and except an adjudication in
accordance with section eleven hundred eleven-c of  this  chapter  of  a
violation  of  a  bus  lane  restriction as defined in such section, and
except an adjudication of liability of  an  owner  for  a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-b  of
this  chapter, and except an adjudication of liability of an owner for a

A. 7901--A                         16

violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c  of this chapter, and except an adjudication of liability of an
owner for a violation of toll collection regulations pursuant to section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S  4-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of chapter 222 of  the  laws
of 2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance with], section eleven hundred eleven-d [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-e  OR
SECTION  ELEVEN  HUNDRED ELEVEN-F of this chapter, and except an adjudi-
cation in accordance with section eleven hundred eleven-c of this  chap-
ter of a violation of a bus lane restriction as defined in such section,
and  except  an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-b of
this chapter, and except an adjudication of liability of an owner for  a
violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-c of this chapter, and except an adjudication of liability of  an
owner for a violation of toll collection regulations pursuant to section
two  thousand  nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge  required
or permitted by law, an additional surcharge of twenty-eight dollars.
  S  4-b.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-b of chapter 222 of  the  laws
of 2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with  section  eleven hundred eleven-a [of this
chapter or in accordance with], section eleven hundred eleven-d [of this
chapter or in accordance  with],  section  eleven  hundred  eleven-e  OR
SECTION  ELEVEN  HUNDRED ELEVEN-F of this chapter, and except an adjudi-

A. 7901--A                         17

cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred eighty-b of this chapter, and
except  an  adjudication  of  liability  of  an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-c of
this chapter, and except an adjudication of liability of an owner for  a
violation  of  toll collection regulations pursuant to section two thou-
sand nine hundred eighty-five of the public authorities law or  sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to  any  sentence,  penalty  or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
  S 4-c. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic  law, as amended by section 11-c of chapter 222 of the laws
of 2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section  eleven  hundred  eleven-a  [of  this
chapter or in accordance with], section eleven hundred eleven-d [of this
chapter  or  in  accordance  with],  section  eleven hundred eleven-e OR
SECTION ELEVEN HUNDRED ELEVEN-F of this chapter, and except  an  adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
accordance with section eleven hundred eighty-c  of  this  chapter,  and
except  an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section  two  thousand  nine  hundred
eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
laws of nineteen hundred fifty, there shall be levied in addition to any
sentence,  penalty  or  other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
  S 4-d. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
and  traffic  law, as amended by section 11-d of chapter 222 of the laws
of 2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section  eleven  hundred  eleven-a  [of  this
chapter or in accordance with], section eleven hundred eleven-d [of this
chapter  or  in  accordance  with],  section  eleven hundred eleven-e OR
SECTION ELEVEN HUNDRED ELEVEN-F of this chapter, and except  an  adjudi-
cation of liability of an owner for a violation of toll collection regu-

A. 7901--A                         18

lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
fifty,  there  shall  be  levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
  S 4-e.  Paragraph a of subdivision 1 of section 1809-e of the  vehicle
and  traffic  law, as amended by section 11-e of chapter 222 of the laws
of 2015, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a court or  an  administrative  tribunal  of  this  state  result  in  a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic  infraction  under  this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an  owner  for  a
violation  of  subdivision  (d) of section eleven hundred eleven of this
chapter in accordance with section  eleven  hundred  eleven-a  [of  this
chapter  or  in  accordance  with],  section  eleven hundred eleven-e OR
SECTION ELEVEN HUNDRED ELEVEN-F of this chapter, and except  an  adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
fifty, there shall be levied in addition to  any  sentence,  penalty  or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
  S  4-f.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 5 of part C of chapter 55 of  the
laws of 2013, is amended to read as follows:
  a. Notwithstanding any other provision of law, whenever proceedings in
a  court  or  an  administrative  tribunal  of  this  state  result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law,  ordinance,  rule  or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists,  and  except  an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred  eleven  of  this
chapter  in  accordance  with section eleven hundred eleven-a OR SECTION
ELEVEN HUNDRED ELEVEN-E of this chapter, and except an  adjudication  of
liability  of  an  owner  for a violation of toll collection regulations
pursuant to section two thousand nine hundred eighty-five of the  public
authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
there  shall  be  levied  in  addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
  S 5. Subdivision 1 of section 371 of the  general  municipal  law,  as
amended  by section 12 of chapter 222 of the laws of 2015, is amended to
read as follows:
  1. A traffic violations bureau so established  may  be  authorized  to
dispose of violations of traffic laws, ordinances, rules and regulations
when  such offenses shall not constitute the traffic infraction known as
speeding or a misdemeanor or felony, and, if authorized by local law  or

A. 7901--A                         19

ordinance,  to  adjudicate  the  liability  of  owners for violations of
subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
traffic  law  in accordance with section eleven hundred eleven-a of such
law  or section eleven hundred eleven-b of such law as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
two  thousand  nine  which  amended  this subdivision, or section eleven
hundred eleven-d of such law, or section  eleven  hundred  eleven-e,  OR
SECTION ELEVEN HUNDRED ELEVEN-F of such law.
  S 5-a. Section 371 of the general municipal law, as amended by section
12-a of chapter 222 of the laws of 2015, is amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-
ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven  hundred  eleven-b  of  such  law as added by sections sixteen of
chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
nine  which  amended  this section or section eleven hundred eleven-d of
such law [or], section eleven hundred eleven-e of such  law  OR  SECTION
ELEVEN HUNDRED ELEVEN-F OF SUCH LAW, by permitting a person charged with
an  offense  within  the  limitations herein stated, to answer, within a
specified time, at the traffic violations bureau, either in person or by
written power of attorney in such form as may be prescribed in the ordi-
nance creating the bureau, by paying a prescribed fine and, in  writing,
waiving  a  hearing in court, pleading guilty to the charge or admitting
liability as an owner for the violation of subdivision  (d)  of  section
eleven  hundred  eleven  of the vehicle and traffic law, as the case may
be, and authorizing the person in charge of the bureau to  make  such  a
plea  or  admission  and  pay  such  a  fine in court. Acceptance of the
prescribed fine and power of attorney by  the  bureau  shall  be  deemed
complete  satisfaction  for  the  violation or of the liability, and the
violator or owner liable for a violation of subdivision (d)  of  section
eleven  hundred  eleven  of the vehicle and traffic law shall be given a
receipt which so states. If a person charged with  a  traffic  violation
does  not  answer  as hereinbefore prescribed, within a designated time,
the bureau shall cause a complaint to be  entered  against  him  or  her
forthwith  and  a warrant to be issued for his or her arrest and appear-
ance before the court. Any  person  who  shall  have  been,  within  the
preceding  twelve  months,  guilty  of a number of parking violations in
excess of such maximum number as may be designated by the court,  or  of
three  or  more  violations  other than parking violations, shall not be
permitted to appear and answer to a subsequent violation at the  traffic
violations  bureau,  but must appear in court at a time specified by the
bureau. Such traffic  violations  bureau  shall  not  be  authorized  to
deprive a person of his or her right to counsel or to prevent him or her
from  exercising  his  or  her  right  to  appear in court to answer to,
explain, or defend any charge of a violation of any traffic  law,  ordi-
nance, rule or regulation.
  S 5-b. Section 371 of the general municipal law, as amended by section
12-b of chapter 222 of the laws of 2015, is amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-

A. 7901--A                         20

ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
liability of owners for violations of subdivision (d) of section  eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-d [or], section eleven hundred eleven-e OR SECTION
ELEVEN  HUNDRED ELEVEN-F of the vehicle and traffic law, by permitting a
person charged with an offense within the limitations herein stated,  to
answer,  within  a  specified  time,  at  the traffic violations bureau,
either in person or by written power of attorney in such form as may  be
prescribed  in the ordinance creating the bureau, by paying a prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge or admitting liability as an owner for the violation of  subdivi-
sion  (d)  of  section  eleven hundred eleven of the vehicle and traffic
law, as the case may be, and authorizing the person  in  charge  of  the
bureau  to  make  such a plea or admission and pay such a fine in court.
Acceptance of the prescribed fine and power of attorney  by  the  bureau
shall  be  deemed  complete  satisfaction  for  the  violation or of the
liability, and the violator or owner liable for a violation of  subdivi-
sion (d) of section eleven hundred eleven of the vehicle and traffic law
shall  be  given  a  receipt which so states. If a person charged with a
traffic violation does not answer as hereinbefore prescribed,  within  a
designated  time,  the  bureau  shall  cause  a  complaint to be entered
against him or her forthwith and a warrant to be issued for his  or  her
arrest  and appearance before the court. Any person who shall have been,
within the preceding twelve  months,  guilty  of  a  number  of  parking
violations  in excess of such maximum number as may be designated by the
court, or of three or more violations  other  than  parking  violations,
shall not be permitted to appear and answer to a subsequent violation at
the traffic violations bureau, but must appear in court at a time speci-
fied  by the bureau. Such traffic violations bureau shall not be author-
ized to deprive a person of his or her right to counsel  or  to  prevent
him or her from exercising his or her right to appear in court to answer
to,  explain,  or  defend  any charge of a violation of any traffic law,
ordinance, rule or regulation.
  S 5-c.   Section 371 of the  general  municipal  law,  as  amended  by
section  12-c  of chapter 222 of the laws of 2015, is amended to read as
follows:
  S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
established  may be authorized to dispose of violations of traffic laws,
ordinances, rules and regulations when such offenses shall  not  consti-
tute  the traffic infraction known as speeding or a misdemeanor or felo-
ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
liability  of owners for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law in accordance with section
eleven hundred eleven-e OR SECTION ELEVEN HUNDRED ELEVEN-F of the  vehi-
cle  and  traffic  law,  by  permitting a person charged with an offense
within the limitations herein stated,  to  answer,  within  a  specified
time,  at  the traffic violations bureau, either in person or by written
power of attorney in such form as may be  prescribed  in  the  ordinance
creating  the bureau, by paying a prescribed fine and, in writing, waiv-
ing a hearing in court, pleading  guilty  to  the  charge  or  admitting
liability as an owner for violation of subdivision (d) of section eleven
hundred  eleven  of the vehicle and traffic law, as the case may be, and
authorizing the person in charge of the bureau to make such  a  plea  or
admission  and  pay  such  a fine in court. Acceptance of the prescribed
fine and power of attorney by the bureau shall be deemed complete satis-
faction for the violation or of the liability, and the violator or owner

A. 7901--A                         21

liable for a violation of subdivision  (d)  of  section  eleven  hundred
eleven  of the vehicle and traffic law shall be given a receipt which so
states. If a person charged with a traffic violation does not answer  as
hereinbefore  prescribed,  within  a  designated  time, the bureau shall
cause a complaint to be entered against  him  or  her  forthwith  and  a
warrant  to  be  issued  for his or her arrest and appearance before the
court. Any person who shall  have  been,  within  the  preceding  twelve
months, guilty of a number of parking violations in excess of such maxi-
mum  number  as  may  be  designated  by  the court, or of three or more
violations other than parking violations,  shall  not  be  permitted  to
appear  and  answer  to a subsequent violation at the traffic violations
bureau, but must appear in court at a time specified by the bureau. Such
traffic violations bureau shall not be authorized to deprive a person of
his or her right to counsel or to prevent him or her from exercising his
or her right to appear in court to answer to,  explain,  or  defend  any
charge of a violation of any traffic law, ordinance, rule or regulation.
  S 5-d. Section 371 of the general municipal law, as amended by chapter
802 of the laws of 1949, is amended to read as follows:
  S  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
established may be authorized to dispose of violations of traffic  laws,
ordinances,  rules  and regulations when such offenses shall not consti-
tute the traffic infraction known as speeding or a misdemeanor or  felo-
ny,  AND  IF  AUTHORIZED  BY  LOCAL  LAW OR ORDINANCE, TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION  ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
ELEVEN  HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, by permitting a
person charged with an offense within the limitations herein stated,  to
answer,  within  a  specified  time,  at  the traffic violations bureau,
either in person or by written power of attorney in such form as may  be
prescribed  in the ordinance creating the bureau, by paying a prescribed
fine and, in writing, waiving a hearing in court, pleading guilty to the
charge and authorizing the person in charge of the bureau to make such a
plea and pay such a fine in court.   Acceptance of the  prescribed  fine
and  power  of attorney by the bureau shall be deemed complete satisfac-
tion for the violation, and the violator shall be given a receipt  which
so  states. If a person charged with a traffic violation does not answer
as hereinbefore prescribed, within a designated time, the  bureau  shall
cause  a  complaint to be entered against him forthwith and a warrant to
be issued for his arrest and appearance before the court. Any person who
shall have been, within the preceding twelve months, guilty of a  number
of  parking violations in excess of such maximum number as may be desig-
nated by the court, or of three or more violations  other  than  parking
violations,  shall not be permitted to appear and answer to a subsequent
violation at the traffic violations bureau, but must appear in court  at
a time specified by the bureau. Such traffic violations bureau shall not
be  authorized to deprive a person of his right to counsel or to prevent
him from exercising his right to appear in court to answer to,  explain,
or  defend any charge of a violation of any traffic law, ordinance, rule
or regulation.
  S 6. 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
effective date, provided that:

A. 7901--A                         22

  (a) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two 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 two-a  of  this
act shall take effect;
  (b) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section two-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 two-b of this
act shall take effect;
  (c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-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 two-c  of  this
act shall take effect;
  (d) the amendments to paragraph a of subdivision 5-a of section 401 of
the  vehicle and traffic law made by section two-c 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 two-d of this
act shall take effect;
  (e) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section two-d 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 two-e  of  this
act shall take effect;
  (e-1)  the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section two-e 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 two-f of
this act shall take effect;
  (e-2) the amendments to paragraph a of subdivision 5-a of section  401
of  the  vehicle and traffic law made by section two-f 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 two-g of
this act shall take effect;
  (f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three 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 three-a of this act shall take
effect;
  (g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-a of this act  shall  not  affect  the
expiration  of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section three-b of this act  shall
take effect;
  (h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section three-b 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 three-c of this act shall
take effect;
  (i) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three-c 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 three-d of this act  shall
take effect;

A. 7901--A                         23

  (j) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic  law  made  by  section three-d 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 three-e of this act shall
take effect;
  (j-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section three-e 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 three-f of this act shall
take effect;
  (j-2) the amendments to subdivision 1 of section 1809 of  the  vehicle
and traffic law made by section three-f 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 three-g of this act  shall
take effect;
  (k)  the  amendments to paragraph a of subdivision 1 of section 1809-e
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;
  (l)  the  amendments to paragraph a of subdivision 1 of section 1809-e
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;
  (m)  the  amendments to paragraph a of subdivision 1 of section 1809-e
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;
  (n)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four-c 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-d
of this act shall take effect;
  (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section four-d 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-e
of this act shall take effect;
  (o-1) the amendments to paragraph a of subdivision 1 of section 1809-e
of  the vehicle and traffic law made by section four-e 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-f
of this act shall take effect;
  (p) the amendments to subdivision 1 of  section  371  of  the  general
municipal  law  made  by  section  five 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 five-a of this act shall
take effect;
  (q) the amendments to section 371 of the general municipal law made by
section five-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 five-b of this act shall take effect; and
  (r) the amendments to section 371 of the general municipal law made by
section  five-b  of  this  act  shall  not affect the expiration of such

A. 7901--A                         24

section and shall be deemed to expire therewith, when upon such date the
provisions of section five-c of this act shall take effect;
  (s) the amendments to section 371 of the general municipal law made by
section  five-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 five-d of this act shall take effect.

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Assembly Bill A7901A

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-A7901 - Details

2015-A7901 - Summary

2015-A7901 - Bill Text download pdf

2015-A7901A (ACTIVE) - Details

2015-A7901A (ACTIVE) - Summary

2015-A7901A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7901A

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Sponsored By

GUNTHER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2015-A7901 - Details

2015-A7901 - Summary

2015-A7901 - Bill Text download pdf

2015-A7901A (ACTIVE) - Details

2015-A7901A (ACTIVE) - Summary

2015-A7901A (ACTIVE) - Bill Text download pdf

Comments