[ ] is old law to be omitted.
LBD16249-03-8
A. 11243 2
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 of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH 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 administrative tribunal that he or she has complied with the
rules and regulations of said tribunal following entry of a final deci-
sion. 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.
§ 1-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
A. 11243 3
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 of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH 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 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.
§ 1-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 of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VI) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
A. 11243 4
(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 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.
§ 1-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 of this chapter 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 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
A. 11243 5
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.
§ 1-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
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 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 eighty-c 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 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 of this chap-
ter 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-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 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.
§ 1-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. 11243 6
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
of this chapter for a violation of subdivision (d) of section eleven
hundred eleven of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
ANCE WITH 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.
§ 1-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 of this chapter for a violation of
subdivision (d) of section eleven hundred eleven of this chapter, OR THE
A. 11243 7
REGISTRANT WAS LIABLE IN ACCORDANCE WITH 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.
§ 1-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
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-F 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.
A. 11243 8
§ 2. The vehicle and traffic law is amended by adding a new section
1111-f to read as follows:
§ 1111-F. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE COUNTY OF WESTCHESTER IS HEREBY AUTHORIZED AND EMPOWERED TO
ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH COUNTY IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH
DEMONSTRATION PROGRAM SHALL EMPOWER SUCH COUNTY TO INSTALL AND OPERATE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE
THAN ONE HUNDRED INTERSECTIONS WITHIN AND UNDER THE JURISDICTION OF SUCH
COUNTY 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 COUNTY HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH COUNTY WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL 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
WESTCHESTER COUNTY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIM-
ILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS
SECTION.
(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. THE LIABILITY OF THE OWNER PURSU-
A. 11243 9
ANT 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
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 WESTCHESTER
COUNTY OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH COUNTY TO PREPARE AND
MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE 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 SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN
VEHICLE BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION.
(J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY 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 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 COURT OF THE DATE AND TIME OF SUCH
VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY
PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
A. 11243 10
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.
(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 PROVISION 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.
(L) 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) WHEN A COUNTY HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT TO
THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM SHALL
BE MADE TO THE COUNTY COMMISSIONER OF FINANCE WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION.
(N) IN ANY SUCH COUNTY WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT
TO SUBDIVISION (A) OF THIS SECTION, SUCH COUNTY 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 NINETEEN 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;
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;
7. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR VIOLATIONS RECORDED
BY SUCH SYSTEMS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH COUNTY FROM SUCH ADJU-
DICATIONS;
A. 11243 11
9. EXPENSES INCURRED BY SUCH COUNTY IN CONNECTION WITH THE PROGRAM;
AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
(O) 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.
§ 3. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
chapter 222 of the laws of 2015, are amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or other than an adjudication of liability of
an owner for 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 of this chap-
ter, 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-F OF THIS CHAP-
TER, 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:
(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
A. 11243 12
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 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-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.
§ 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 of
this chapter, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN OWNER FOR
A. 11243 13
A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
CHAPTER IN ACCORDANCE WITH 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 twenty-five
dollars.
§ 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 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-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.
§ 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 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-F OF THIS CHAPTER, there
A. 11243 14
shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 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 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-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.
§ 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
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, 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-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.
§ 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 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
A. 11243 15
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.
§ 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-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.
§ 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 chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter, or in accordance with section eleven hundred eleven-e of this chap-
ter, OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER, 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-b of this chap-
ter, 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 chap-
ter 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.
§ 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
A. 11243 16
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 chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F 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 chap-
ter 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.
§ 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 chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F 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-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 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
A. 11243 17
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
§ 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 chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F 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.
§ 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 chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F 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.
§ 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
A. 11243 18
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 chap-
ter or in accordance with section eleven hundred eleven-e of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
TER, 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.
§ 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 of this chap-
ter OR IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
TER, 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.
§ 5. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
(P) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-F OF
THE VEHICLE AND TRAFFIC LAW.
§ 6. Section 370 of the general municipal law is amended by adding a
new subdivision 6 to read as follows:
6. THERE SHALL BE A DEPARTMENT OF THE WESTCHESTER COUNTY GOVERNMENT
KNOWN AS THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY,
WHICH SHALL OPERATE UNDER THE DIRECTION AND CONTROL OF THE COUNTY EXECU-
TIVE.
§ 7. Subdivision 1 of section 370-a of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
1. "Traffic and parking violations agency" shall mean a department of
the Nassau county government established pursuant to subdivision two of
section three hundred seventy of this article or a department in the
Suffolk county government established pursuant to subdivision three of
A. 11243 19
such section OR A DEPARTMENT IN THE WESTCHESTER COUNTY GOVERNMENT ESTAB-
LISHED PURSUANT TO SUBDIVISION SIX OF SUCH SECTION to administer and
dispose of traffic and parking infractions.
§ 7-a. Subdivision 2 of section 370-a of the general municipal law, as
amended by section 5 of part CC of chapter 58 of the laws of 2015, is
amended to read as follows:
2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
tice law in the state of New York who, having been appointed and either
hired or retained pursuant to section three hundred seventy-four of this
article, has the responsibility of prosecuting any traffic and parking
infractions returnable before the Nassau county district court or the
Suffolk county district court OR THE CITY, TOWN AND VILLAGE COURTS WITH-
IN THE COUNTY OF WESTCHESTER or any traffic infractions returnable
before the Buffalo city court pursuant to the jurisdictional limitations
of section three hundred seventy-one of this article.
§ 8. Subdivisions 2 and 3 of section 371 of the general municipal law,
as amended by chapter 43 of the laws of 2014, are amended to read as
follows:
2. The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court,
and the Suffolk county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Suffolk county district court,
AND THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS
ESTABLISHED, MAY BE AUTHORIZED TO ASSIST THE CITY, TOWN AND VILLAGE
COURTS IN WESTCHESTER COUNTY, in the disposition and administration of
infractions of traffic and parking laws, ordinances, rules and regu-
lations and the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law in accord-
ance with section eleven hundred eleven-b OR SECTION ELEVEN HUNDRED
ELEVEN-F of such law and the liability of owners for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of the vehicle and traffic law in accordance with section eleven hundred
eighty-c of such law, except that such agencies shall not have jurisdic-
tion over (a) the traffic infraction defined under subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law; (b)
the traffic infraction defined under subdivision five of section eleven
hundred ninety-two of the vehicle and traffic law; (c) the violation
defined under paragraph (b) of subdivision four of section fourteen-f of
the transportation law and the violation defined under clause (b) of
subparagraph (iii) of paragraph c of subdivision two of section one
hundred forty of the transportation law; (d) the traffic infraction
defined under section three hundred ninety-seven-a of the vehicle and
traffic law and the traffic infraction defined under subdivision (g) of
section eleven hundred eighty of the vehicle and traffic law; (e) any
misdemeanor or felony; [or] (f) any offense that is part of the same
criminal transaction, as that term is defined in subdivision two of
section 40.10 of the criminal procedure law, as a violation of subdivi-
sion one of section eleven hundred ninety-two of the vehicle and traffic
law, a violation of subdivision five of section eleven hundred ninety-
two of the vehicle and traffic law, a violation of paragraph (b) of
subdivision four of section fourteen-f of the transportation law, a
violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
sion two of section one hundred forty of the transportation law, a
violation of section three hundred ninety-seven-a of the vehicle and
traffic law, a violation of subdivision (g) of section eleven hundred
eighty of the vehicle and traffic law or any misdemeanor or felony; OR
A. 11243 20
(G) WITH RESPECT TO THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY, ANY TRAFFIC VIOLATION RETURNABLE TO A COURT FOR WHICH
A TRAFFIC VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSUANT TO SUBDIVISION
ONE OF THIS SECTION, ANY PARKING VIOLATION RETURNABLE TO A COURT FOR
WHICH A PARKING VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSUANT TO ARTI-
CLE TWO-B OF THE VEHICLE AND TRAFFIC LAW, ANY 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, SECTION ELEVEN HUNDRED ELEVEN-D OR SECTION ELEVEN HUNDRED
ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, OR ANY TRAFFIC OR PARKING
VIOLATION RETURNABLE TO A COURT OF A CITY, TOWN OR VILLAGE WHICH HAS
ELECTED PURSUANT TO THE ENACTMENT OF A LOCAL LAW, ORDINANCE OR RESOL-
UTION TO NOT AUTHORIZE THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY TO ASSIST THE COURT OF SUCH CITY, TOWN OR VILLAGE IN
THE DISPOSITION AND ADMINISTRATION OF INFRACTIONS OF TRAFFIC AND PARKING
LAWS, ORDINANCES, RULES AND REGULATIONS.
3. A person charged with an infraction which shall be disposed of by
either a traffic violations bureau, the Nassau county traffic and park-
ing violations agency, or the Suffolk county traffic and parking
violations agency, OR THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY may be permitted to answer, within a specified time,
at the traffic violations bureau, in Nassau county at the traffic and
parking violations agency and in Suffolk county at the traffic and park-
ing violations agency AND IN WESTCHESTER COUNTY AT THE TRAFFIC AND PARK-
ING VIOLATIONS AGENCY, either in person or by written power of attorney
in such form as may be prescribed in the ordinance or local law creating
the bureau or agency, 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, or admitting
liability as an owner for the violation of subdivision (b), (c), (d),
(f) or (g) of section eleven hundred eighty of the vehicle and traffic
law, as the case may be, and authorizing the person in charge of the
bureau or agency to enter such a plea or admission and accept payment of
said fine. Acceptance of the prescribed fine and power of attorney by
the bureau or agency 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 or owner liable for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of the vehi-
cle 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 or agency may cause a
complaint to be entered against him forthwith and a warrant to be issued
for his arrest and appearance before the court, such summons to be pred-
icated upon the personal service of said summons upon the person charged
with the infraction. Any person who shall have been, within the preced-
ing 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 or agency, but must appear in court at a time specified by the
bureau or agency. Such bureau or agency shall not be authorized to
deprive a person of his right to counsel or to prevent him from exercis-
ing 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.
A. 11243 21
§ 8-a. Subdivisions 2 and 3 of section 371 of the general municipal
law, as amended by chapter 388 of the laws of 2012, are amended to read
as follows:
2. The Nassau county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Nassau county district court,
and the Suffolk county traffic and parking violations agency, as estab-
lished, may be authorized to assist the Suffolk county district court,
AND THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS
ESTABLISHED, MAY BE AUTHORIZED TO ASSIST THE CITY, TOWN AND VILLAGE
COURTS IN WESTCHESTER COUNTY, in the disposition and administration of
infractions of traffic and parking laws, ordinances, rules and regu-
lations and the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of the vehicle and traffic law in accord-
ance with section eleven hundred eleven-b of such law, except that such
agencies shall not have jurisdiction over (a) the traffic infraction
defined under subdivision one of section eleven hundred ninety-two of
the vehicle and traffic law; (b) the traffic infraction defined under
subdivision five of section eleven hundred ninety-two of the vehicle and
traffic law; (c) the violation defined under paragraph (b) of subdivi-
sion four of section fourteen-f of the transportation law and the
violation defined under clause (b) of subparagraph (iii) of paragraph c
of subdivision two of section one hundred forty of the transportation
law; (d) the traffic infraction defined under section three hundred
ninety-seven-a of the vehicle and traffic law and the traffic infraction
defined under subdivision (g) of section eleven hundred eighty of the
vehicle and traffic law; (e) any misdemeanor or felony; [or] (f) any
offense that is part of the same criminal transaction, as that term is
defined in subdivision two of section 40.10 of the criminal procedure
law, as a violation of subdivision one of section eleven hundred nine-
ty-two of the vehicle and traffic law, a violation of subdivision five
of section eleven hundred ninety-two of the vehicle and traffic law, a
violation of paragraph (b) of subdivision four of section fourteen-f of
the transportation law, a violation of clause (b) of subparagraph (iii)
of paragraph c of subdivision two of section one hundred forty of the
transportation law, a violation of section three hundred ninety-seven-a
of the vehicle and traffic law, a violation of subdivision (g) of
section eleven hundred eighty of the vehicle and traffic law or any
misdemeanor or felony; OR (G) WITH RESPECT TO THE WESTCHESTER COUNTY
TRAFFIC AND PARKING VIOLATIONS AGENCY, ANY TRAFFIC VIOLATION RETURNABLE
TO A COURT FOR WHICH A TRAFFIC VIOLATIONS BUREAU HAS BEEN ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ANY PARKING VIOLATION
RETURNABLE TO A COURT FOR WHICH A PARKING VIOLATIONS BUREAU HAS BEEN
ESTABLISHED PURSUANT TO ARTICLE TWO-B OF THE VEHICLE AND TRAFFIC LAW,
ANY 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, SECTION ELEVEN HUNDRED ELEVEN-D OR
SECTION ELEVEN HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, OR ANY
TRAFFIC OR PARKING VIOLATION RETURNABLE TO A COURT OF A CITY, TOWN OR
VILLAGE WHICH HAS ELECTED PURSUANT TO THE ENACTMENT OF A LOCAL LAW,
ORDINANCE OR RESOLUTION TO NOT AUTHORIZE THE WESTCHESTER COUNTY TRAFFIC
AND PARKING VIOLATIONS AGENCY TO ASSIST THE COURT OF SUCH CITY, TOWN OR
VILLAGE IN THE DISPOSITION AND ADMINISTRATION OF INFRACTIONS OF TRAFFIC
AND PARKING LAWS, ORDINANCES, RULES AND REGULATIONS.
3. A person charged with an infraction which shall be disposed of by
either a traffic violations bureau, the Nassau county traffic and park-
ing violations agency, or the Suffolk county traffic and parking
A. 11243 22
violations agency, OR THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY may be permitted to answer, within a specified time,
at the traffic violations bureau, in Nassau county at the traffic and
parking violations agency and in Suffolk county at the traffic and park-
ing violations agency AND IN WESTCHESTER COUNTY AT THE TRAFFIC AND PARK-
ING VIOLATIONS AGENCY, either in person or by written power of attorney
in such form as may be prescribed in the ordinance or local law creating
the bureau or agency, 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 or agency to
enter such a plea or admission and accept payment of said fine. Accept-
ance of the prescribed fine and power of attorney by the bureau or agen-
cy 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 or agency may cause a complaint to be
entered against him forthwith and a warrant to be issued for his arrest
and appearance before the court, such summons to be predicated upon the
personal service of said summons upon the person charged with the
infraction. 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 or agency, but must appear in court at a time specified by the
bureau or agency. Such bureau or agency shall not be authorized to
deprive a person of his right to counsel or to prevent him from exercis-
ing 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.
§ 8-b. Subdivision 4 of section 371 of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
4. Notwithstanding any inconsistent provision of law, fines, penalties
and forfeitures collected by the Nassau county or Suffolk county OR
WESTCHESTER COUNTY traffic and parking violations agency shall be
distributed as provided in section eighteen hundred three of the vehicle
and traffic law. All fines, penalties and forfeitures for violations
adjudicated by the Nassau county or Suffolk county OR WESTCHESTER COUNTY
traffic and parking violations agency pursuant to subdivision two of
this section, with the exception of parking violations, and except as
provided in subdivision three of section ninety-nine-a of the state
finance law, shall be paid by such agencies to the state comptroller
within the first ten days of the month following collection. Each such
payment shall be accompanied by a true and complete report in such form
and detail as the comptroller shall prescribe.
§ 8-c. 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:
§ 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
A. 11243 23
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 ELEV-
EN HUNDRED ELEVEN-F OF SUCH LAW, by permitting a person charged with an
offense within the limitations herein stated, to answer, within a speci-
fied 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.
§ 8-d. 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:
§ 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 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
A. 11243 24
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.
§ 8-e. Section 371 of the general municipal, as amended by section
12-c of chapter 222 of the laws of 2015, is amended to read as follows:
§ 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
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.
A. 11243 25
§ 8-f. Section 371 of the general municipal law, as amended by chapter
802 of the laws of 1949, is amended to read as follows:
§ 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-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 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 desig-
nated 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 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.
§ 9. Section 374 of the general municipal law, as amended by chapter
388 of the laws 2012, is amended to read as follows:
§ 374. Traffic prosecutor selection and oversight. (a) The executive
director of the Nassau county traffic and parking violations agency, and
the executive director of the Suffolk county traffic and parking
violations agency, AND THE EXECUTIVE DIRECTOR OF THE WESTCHESTER COUNTY
TRAFFIC AND PARKING VIOLATIONS AGENCY appointed pursuant to subdivision
(b) of this section, shall select and may contract with or hire one or
more persons who are attorneys, duly admitted to the practice of law in
New York state for the prosecution of any traffic and parking infrac-
tion, except those described in paragraphs (a), (b), (c), (d), (e) and
(f) of subdivision two of section three hundred seventy-one of this
article, to be heard, tried or otherwise disposed of by the district
court of Nassau county in the case of an attorney selected by the Nassau
county executive director, or by the district court of Suffolk county,
in the case of an attorney selected by the Suffolk county executive
director OR BY A CITY, TOWN OR VILLAGE COURT IN WESTCHESTER COUNTY, IN
THE CASE OF AN ATTORNEY SELECTED BY THE WESTCHESTER COUNTY EXECUTIVE
A. 11243 26
DIRECTOR. Such persons shall be known as "traffic prosecutors", as that
term is defined in section three hundred seventy-a of this article.
Traffic prosecutors shall have the same power as a district attorney
would otherwise have in the prosecution of any traffic or parking
infraction which may, pursuant to the jurisdictional provisions of
section three hundred seventy-one of this article, be prosecuted before
the district court of Nassau county or the district court of Suffolk
county, if the traffic violation occurred in Suffolk county OR A CITY,
TOWN OR VILLAGE COURT IN WESTCHESTER COUNTY, IF THE TRAFFIC VIOLATION
OCCURRED IN WESTCHESTER COUNTY. The executive director shall give
active consideration to requiring that such traffic prosecutors serve on
a full-time basis. Traffic prosecutors are prohibited from appearing in
any capacity other than as a traffic prosecutor in any part of the
Nassau county district court or the Suffolk county district court, if
the traffic violation occurred in Suffolk county, OR IN ANY CITY, TOWN
OR VILLAGE COURT IN WESTCHESTER COUNTY IF THE TRAFFIC VIOLATION OCCURRED
IN WESTCHESTER COUNTY, on any matter relating to traffic or parking
violations and are further prohibited from appearing in any capacity
other than as a traffic prosecutor in any other court or administrative
tribunal on any matter relating to traffic or parking violations.
(b) The county executive of the county of Nassau shall appoint a
person to serve as the executive director of the Nassau county traffic
and parking violations agency subject to the confirmation of the county
legislature of the county of Nassau. The county executive of the county
of Suffolk shall appoint a person to serve as the executive director of
the Suffolk county traffic and parking violations agency subject to the
confirmation of the county legislature of the county of Suffolk. THE
COUNTY EXECUTIVE OF THE COUNTY OF WESTCHESTER SHALL APPOINT A PERSON TO
SERVE AS THE EXECUTIVE DIRECTOR OF THE WESTCHESTER COUNTY TRAFFIC AND
PARKING VIOLATIONS AGENCY SUBJECT TO THE CONFIRMATION OF THE COUNTY
LEGISLATURE OF THE COUNTY OF WESTCHESTER. The executive director shall
be responsible for the oversight and administration of the agency. The
executive director of Nassau county is prohibited from appearing in any
capacity in any part of the Nassau county district court and the execu-
tive director of Suffolk county is prohibited from appearing in any
capacity in any part of the Suffolk county district court on any matter
relating to traffic or parking violations AND THE EXECUTIVE DIRECTOR OF
WESTCHESTER COUNTY IS PROHIBITED FROM APPEARING IN ANY CAPACITY IN ANY
PART OF THE CITY, TOWN OR VILLAGE COURTS IN WESTCHESTER COUNTY ON ANY
MATTER RELATING TO TRAFFIC OR PARKING VIOLATIONS and is further prohib-
ited from appearing in any capacity in any other court or administrative
tribunal on any matter relating to traffic or parking violations.
(c) It shall be a misdemeanor for the executive director, any traffic
prosecutor or any judicial hearing officer assigned to hear traffic or
parking violations cases pursuant to section one thousand six hundred
ninety of the vehicle and traffic law to establish any quota of traffic
violation convictions which must be obtained by any traffic prosecutor
or judicial hearing officer. Nothing contained herein shall prohibit the
taking of any job action against a traffic prosecutor or judicial hear-
ing officer for failure to satisfactorily perform such prosecutor's or
officer's job assignment except that the employment productivity of such
prosecutor or officer shall not be measured by the attainment or nonat-
tainment of any conviction quota. For the purposes of this section a
conviction quota shall mean a specific number of convictions which must
be obtained within a specific time period.
A. 11243 27
(d) The legislature of the county of Nassau may appropriate those
monies which, in the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive direc-
tor and traffic prosecutors and to cover all other expenses associated
with the administration of the Nassau county traffic and parking
violations agency.
(e) The legislature of the county of Suffolk may appropriate those
monies which, in the legislature's sole discretion, are necessary for
the compensation of those persons selected to serve as executive direc-
tor and traffic prosecutors and to cover all other expenses associated
with the administration of the Suffolk county traffic and parking
violations agency.
(F) THE LEGISLATURE OF THE COUNTY OF WESTCHESTER MAY APPROPRIATE THOSE
MONIES WHICH, IN THE LEGISLATURE'S SOLE DISCRETION, ARE NECESSARY FOR
THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS EXECUTIVE DIREC-
TOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER EXPENSES ASSOCIATED
WITH THE ADMINISTRATION OF THE WESTCHESTER COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY.
§ 10. The article heading of article 44-A of the vehicle and traffic
law, as amended by chapter 157 of the laws of 2017, is amended to read
as follows:
AUTHORITY OF THE NASSAU AND SUFFOLK COUNTY DISTRICT COURT AND BUFFALO
CITY COURT AND ROCHESTER CITY COURT AND WESTCHESTER
COUNTY, CITY, TOWN AND VILLAGE COURT JUDICIAL HEARING OFFICERS
§ 11. The section heading and subdivisions 1 and 4 of section 1690 of
the vehicle and traffic law, the section heading as amended by chapter
157 of the laws of 2017 and subdivisions 1 and 4 as amended by chapter
388 of the laws of 2012, are amended to read as follows:
Authority of the Nassau county and Suffolk county district court judi-
cial hearing officers AND THE WESTCHESTER COUNTY JUDICIAL HEARING OFFI-
CERS and the city of Buffalo judicial hearing officers and the city of
Rochester judicial hearing officers. 1. Notwithstanding any other
provision of law, where the trial of a traffic or parking infraction is
authorized or required to be tried before the Nassau county district
court or Suffolk county district court OR A CITY, TOWN OR VILLAGE COURT
IN WESTCHESTER COUNTY, and such traffic and parking infraction does not
constitute a misdemeanor, felony, violation of subdivision one of
section eleven hundred ninety-two, subdivision five of section eleven
hundred ninety-two, section three hundred ninety-seven-a, or subdivision
(g) of section eleven hundred eighty of this chapter, or a violation of
paragraph (b) of subdivision four of section fourteen-f or clause (b) of
subparagraph (iii) of paragraph c of subdivision two of section one
hundred forty of the transportation law, or any offense that is part of
the same criminal transaction, as that term is defined in subdivision
two of section 40.10 of the criminal procedure law, as such a misdemea-
nor, felony, violation of subdivision one of section eleven hundred
ninety-two, subdivision two of section eleven hundred ninety-two,
section three hundred ninety-seven-a or subdivision (g) of section elev-
en hundred eighty of this chapter, or a violation of paragraph (b) of
subdivision four of section fourteen-f or clause (b) of subparagraph
(iii) of paragraph d of subdivision two of section one hundred forty of
the transportation law, OR WITH RESPECT TO THE WESTCHESTER COUNTY TRAF-
FIC AND PARKING VIOLATIONS AGENCY, ANY TRAFFIC VIOLATION RETURNABLE TO A
COURT FOR WHICH A TRAFFIC VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSU-
ANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE
GENERAL MUNICIPAL LAW, ANY PARKING VIOLATION RETURNABLE TO A COURT FOR
A. 11243 28
WHICH A PARKING VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSUANT TO ARTI-
CLE TWO-B OF THIS CHAPTER, ANY LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-B, SECTION ELEVEN HUNDRED
ELEVEN-D OR SECTION ELEVEN HUNDRED ELEVEN-E OF THIS CHAPTER, OR ANY
TRAFFIC OR PARKING VIOLATION RETURNABLE TO A COURT OF A CITY, TOWN OR
VILLAGE WHICH HAS ELECTED PURSUANT TO THE ENACTMENT OF A LOCAL LAW,
ORDINANCE OR RESOLUTION TO NOT AUTHORIZE THE WESTCHESTER COUNTY TRAFFIC
AND PARKING VIOLATIONS AGENCY TO ASSIST THE COURT OF SUCH CITY, TOWN OR
VILLAGE IN THE DISPOSITION AND ADMINISTRATION OF INFRACTIONS OF TRAFFIC
AND PARKING LAWS, ORDINANCES, RULES AND REGULATIONS, the administrative
judge of the county in which the trial court is located, may assign
judicial hearing officers to conduct such a trial. Such judicial hearing
officers shall be village court justices or retired judges either of
which shall have at least two years of experience conducting trials of
traffic and parking violations cases and shall be admitted to practice
law in this state. Where such assignment is made, the judicial hearing
officer shall entertain the case in the same manner as a court and
shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
4. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of the
Nassau county or Suffolk county district court OR A CITY, TOWN OR
VILLAGE COURT IN WESTCHESTER COUNTY on any matter relating to traffic or
parking violations and are further prohibited from appearing in any
capacity other than as a judicial hearing officer in any other court or
administrative tribunal on any matter relating to traffic or parking
violations.
§ 12. Subdivision 5 of section 350.20 of the criminal procedure law,
as amended by chapter 157 of the laws of 2017, is amended to read as
follows:
5. Notwithstanding the provisions of subdivision one of this section,
for all proceedings before the district court of Nassau county the
administrative judge of Nassau county may, and for all proceedings
before the district court of Suffolk county, the administrative judge of
Suffolk county may, AND FOR ALL PROCEEDINGS BEFORE A CITY, TOWN OR
VILLAGE COURT IN WESTCHESTER COUNTY THE ADMINISTRATIVE JUDGE OF WEST-
CHESTER COUNTY MAY, without the consent of the parties, assign matters
involving traffic and parking infractions except those described in
paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
three hundred seventy-one of the general municipal law AND EXCEPT, WITH
RESPECT TO THE WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY,
THOSE WHICH ARE ANY TRAFFIC VIOLATION RETURNABLE TO A COURT FOR WHICH A
TRAFFIC VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSUANT TO SUBDIVISION
ONE OF SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW,
ANY PARKING VIOLATION RETURNABLE TO A COURT FOR WHICH A PARKING
VIOLATIONS BUREAU HAS BEEN ESTABLISHED PURSUANT TO ARTICLE TWO-B OF THE
VEHICLE AND TRAFFIC LAW, ANY 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, SECTION
ELEVEN HUNDRED ELEVEN-D OR SECTION ELEVEN HUNDRED ELEVEN-E OF THE VEHI-
CLE AND TRAFFIC LAW, OR ANY TRAFFIC OR PARKING VIOLATION RETURNABLE TO A
A. 11243 29
COURT OF A CITY, TOWN OR VILLAGE WHICH HAS ELECTED PURSUANT TO THE
ENACTMENT OF A LOCAL LAW, ORDINANCE OR RESOLUTION TO NOT AUTHORIZE THE
WESTCHESTER COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY TO ASSIST THE
COURT OF SUCH CITY, TOWN OR VILLAGE IN THE DISPOSITION AND ADMINIS-
TRATION OF INFRACTIONS OF TRAFFIC AND PARKING LAWS, ORDINANCES, RULES
AND REGULATIONS to a judicial hearing officer in accordance with the
provisions of section sixteen hundred ninety of the vehicle and traffic
law and for all proceedings before the Buffalo city court the adminis-
trative judge of the eighth judicial district may, without the consent
of the parties, assign matters involving traffic infractions except
those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
subdivision two-a of section three hundred seventy-one of the general
municipal law to a judicial hearing officer in accordance with the
provisions of section sixteen hundred ninety of the vehicle and traffic
law and for all proceedings before the Rochester city court the adminis-
trative judge of the seventh judicial district may, without the consent
of the parties, assign matters involving traffic infractions except
those described in paragraphs (a), (b), (c), (d), (e), (f) and (g) of
subdivision two-b of section three hundred seventy-one of the general
municipal law to a judicial hearing officer in accordance with the
provisions of section sixteen hundred ninety of the vehicle and traffic
law.
§ 13. Subdivision 3 of section 99-a of the state finance law, as
amended by section 4 of part I of chapter 58 of the laws of 2018, is
amended to read as follows:
3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk AND WESTCHES-
TER counties traffic and parking violations agencies, and by the city of
Buffalo traffic violations agency, and by the city of Rochester traffic
violations agency, to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk AND
WESTCHESTER counties traffic and parking violations agencies, to the
county treasurer, or, in the case of the Buffalo traffic violations
agency, to the city of Buffalo comptroller, or in the case of the
Rochester traffic violations agency, to the city of Rochester treasurer
for distribution in accordance with instructions by the comptroller;
and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk AND WESTCHESTER counties traffic and parking violations agencies
or the city of Buffalo traffic violations agency or the city of Roches-
ter traffic violations agency may utilize these procedures only when
permitted by the comptroller, and such permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
§ 13-a. Subdivision 3 of section 99-a of the state finance law, as
amended by chapter 157 of the laws of 2017, is amended to read as
follows:
A. 11243 30
3. The comptroller is hereby authorized to implement alternative
procedures, including guidelines in conjunction therewith, relating to
the remittance of fines, penalties, forfeitures and other moneys by town
and village justice courts, and by the Nassau and Suffolk AND WESTCHES-
TER counties traffic and parking violations agencies, and by the city of
Buffalo traffic violations agency, and by the city of Rochester traffic
violations agency to the justice court fund and for the distribution of
such moneys by the justice court fund. Notwithstanding any law to the
contrary, the alternative procedures utilized may include:
a. electronic funds transfer;
b. remittance of funds by the justice court to the chief fiscal office
of the town or village, or, in the case of the Nassau and Suffolk AND
WESTCHESTER counties traffic and parking violations agencies, to the
county treasurer, or, in the case of the Buffalo traffic violations
agency, to the city of Buffalo comptroller, or in the case of the
Rochester traffic violations agency, to the city of Rochester treasurer,
for distribution in accordance with instructions by the comptroller;
and/or
c. monthly, rather than quarterly, distribution of funds.
The comptroller may require such reporting and record keeping as he or
she deems necessary to ensure the proper distribution of moneys in
accordance with applicable laws. A justice court or the Nassau and
Suffolk AND WESTCHESTER counties traffic and parking violations agencies
or the city of Buffalo traffic violations agency or the city of Roches-
ter traffic violations agency may utilize these procedures only when
permitted by the comptroller, and such permission, once given, may
subsequently be withdrawn by the comptroller on due notice.
§ 14. Subdivision 2 of section 99-l of the general municipal law, as
amended by chapter 179 of the laws of 2000, is amended to read as
follows:
2. The [county] COUNTIES of Nassau AND WESTCHESTER shall be entitled
to receive the amounts set forth in subdivision one of this section for
the services of the Nassau county AND WESTCHESTER COUNTY traffic and
parking violations [agency] AGENCIES and for all services in each case
of a parking violation, instituted and triable in such agency, wherein a
fine is imposed, a surcharge of ten dollars.
§ 14-a. Subdivision 2 of section 99-l of the general municipal law, as
amended by chapter 388 of the laws of 2012, is amended to read as
follows:
2. The counties of Nassau and Suffolk AND WESTCHESTER shall be enti-
tled to receive the amounts set forth in subdivision one of this section
for the services of their respective county traffic and parking
violations agency.
§ 15. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-f of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
§ 16. Notwithstanding any provision of law to the contrary no non-ju-
dicial employee of any city, town or village court located in the county
of Westchester shall suffer a diminution of salary, employment status or
rights solely by operation of this act provided that nothing herein
shall limit the legal authority of the chief administrator of the courts
to supervise the administration and operation of the unified court
system.
§ 17. The administrative judge of Westchester county shall issue on an
annual basis, beginning eighteen months following the creation of the
A. 11243 31
Westchester county traffic and parking violations agency pursuant to
Westchester county local law, a report detailing the progress, develop-
ment and operations of the traffic and parking violations agency. The
report shall be provided to the governor, the temporary president of the
senate, the speaker of the assembly, the Westchester county executive,
the legislature of the county of Westchester, the presiding judge of the
Westchester county district court and the Westchester county district
attorney.
§ 18. This act shall take effect on the one hundred eightieth day
after it shall have become a law and shall expire five years after such
effective date when upon such date the provisions of this act shall be
deemed repealed; provided however the amendments made by sections seven,
seven-a, eight, eight-a, nine, ten, eleven and twelve of this act shall
take effect only in the event that the county of Westchester shall have
by local law established a traffic and parking violations agency;
provided that the legislature of the county of Westchester shall notify
the legislative bill drafting commission upon the occurrence of the
enactment of the legislation provided for in sections seven, seven-a,
eight, eight-a, nine, ten, eleven and twelve of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law; 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 subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section one 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 one-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 one-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 one-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 one-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 one-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 one-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 one-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 one-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 one-e of this
act shall take effect;
(f) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section one-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 one-f of this
act shall take effect;
A. 11243 32
(f-1) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section one-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 one-g 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 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;
(h) 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;
(i) 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;
(j) 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;
(k) 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;
(l) 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;
(m) 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;
(n) 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;
(o) 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;
(p) 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;
A. 11243 33
(q) 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;
(r) 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;
(s) 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;
(t) the amendments to subdivisions 2 and 3 of section 371 of the
general municipal law made by section eight of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
with, when upon such date the provisions of section eight-a of this act
shall take effect;
(t-1) the amendments to subdivisions 2 and 3 of section 371 of the
general municipal law made by section eight-a of this act and the amend-
ments to subdivision 4 of section 371 of the general municipal law made
by section eight-b of this act shall not affect the expiration of such
subdivisions and shall be deemed to expire therewith, when upon such
date the provisions of section eight-c of this act shall take effect;
(t-2) the amendments to section 371 of the general municipal law by
section eight-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 eight-d of this act shall take effect;
(t-3) the amendments to section 371 of the general municipal law made
by section eight-d 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 eight-e of this act shall take effect;
(t-4) the amendments to section 371 of the general municipal law made
by section eight-e 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 eight-f of this act shall take effect;
(u) the amendments to subdivision 3 of section 99-a of the state
finance law made by section thirteen of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section thirteen-a of this act
shall take effect; and
(v) the amendments to subdivision 2 of section 99-l of the general
municipal law made by section fourteen 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 fourteen-a of this act
shall take effect.