EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15269-06-8
S. 8827--A 2
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. The administrative code of the city of New York is amended
by adding a new section 10-179 to read as follows:
§ 10-179 SCHOOL SAFETY MEASURES. THE POLICE COMMISSIONER OF THE CITY
SHALL ASSIGN A POLICE OFFICER AT LEAST ONE HOUR PRIOR TO THE COMMENCE-
MENT OF INSTRUCTIONAL HOURS AT EVERY PUBLIC SCHOOL WITHIN THE CITY OF
NEW YORK. SUCH POLICE OFFICER SHALL REMAIN ON SITE TO SECURE THE PERIME-
TER AND EXTERIOR OF SUCH SCHOOL DURING INSTRUCTIONAL HOURS AND FOR A
MINIMUM ONE HOUR POST INSTRUCTIONAL HOURS UNLESS, IN THE DISCRETION OF
THE MAYOR OF THE CITY OR THE POLICE COMMISSIONER OF THE CITY, A STATE OF
EMERGENCY EXISTS REQUIRING REDEPLOYMENT OF A POLICE OFFICER DURING THE
REQUIRED HOURS SET FORTH IN THIS SECTION. ANY INDIVIDUAL SCHOOL, UPON
RECOMMENDATION OF THE PRINCIPAL AND THE PARENTS' ASSOCIATION OR PARENT-
TEACHERS' ASSOCIATION AND WITH THE APPROVAL OF THE POLICE COMMISSIONER,
MAY DECLINE THE ASSIGNMENT OF A POLICE OFFICER AS REQUIRED BY THIS
SECTION, BY A TWO-THIRDS VOTE OF THE COMMUNITY DISTRICT EDUCATION COUN-
CIL, AS DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-A OF THE EDUCATION
LAW, WITHIN WHICH SUCH SCHOOL IS LOCATED.
§ 2. This act shall take effect immediately.
PART B
Section 1. Subdivision 1 of section 807 of the education law, as
amended by section 2 of part B of chapter 54 of the laws of 2016, is
amended to read as follows:
1. It shall be the duty of the principal or other person in charge of
every public or private school or educational institution within the
state, other than colleges or universities, to instruct and train the
pupils by means of drills, so that they may in a sudden emergency be
able to respond appropriately in the shortest possible time and without
confusion or panic. Such drills shall be held at least twelve times in
each school year, eight of which required drills shall be held between
September first and December thirty-first of each such year. Eight of
all such drills shall be evacuation drills, four of which shall be
through use of the fire escapes on buildings where fire escapes are
provided or through the use of identified secondary means of egress.
Four of all such required drills shall be EMERGENCY ATTACK DRILLS, WITH
TWO OF SUCH DRILLS BEING lock-down drills AND TWO OF SUCH DRILLS BEING
ACTIVE SHOOTER DRILLS. UPON REQUEST OF THE PRINCIPAL OR OTHER PERSON IN
CHARGE OF SUCH PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, THE NEW YORK
STATE SCHOOL SAFETY IMPROVEMENT TEAMS, ESTABLISHED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED ONE-B OF THIS CHAPTER, SHALL PROVIDE RECOMMENDA-
TIONS ON HOW TO PERFORM SUCH LOCK-DOWN AND ACTIVE SHOOTER DRILLS AT SUCH
PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION. Drills shall be conducted at
different times of the school day. Pupils shall be instructed in the
procedure to be followed in the event that a fire occurs during the
lunch period or assembly, provided however, that such additional
instruction may be waived where a drill is held during the regular
school lunch period or assembly. Four additional drills shall be held in
each school year during the hours after sunset and before sunrise in
S. 8827--A 3
school buildings in which students are provided with sleeping accommo-
dations. At least two additional drills shall be held during summer
school in buildings where summer school is conducted, and one of such
drills shall be held during the first week of summer school.
§ 2. This act shall take effect immediately.
PART C
Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as amended by chapter 43 of the laws of 2014,
is amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a school speed zone within
[the] SUCH city (i) when a school speed limit is in effect as provided
in paragraphs one and two of subdivision (c) of section eleven hundred
eighty of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities. Such demonstration program shall empower
the city OF NEW YORK to install photo speed violation monitoring systems
within no more than one hundred forty school speed zones within [the]
SUCH city at any one time and to operate such systems within such zones
(iii) when a school speed limit is in effect as provided in paragraphs
one and two of subdivision (c) of section eleven hundred eighty of this
article or (iv) when other speed limits are in effect as provided in
subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this article during the following times: (A) on school days during
school hours and one hour before and one hour after the school day, and
(B) a period during student activities at the school and up to thirty
minutes immediately before and up to thirty minutes immediately after
such student activities. In selecting a school speed zone in which to
install and operate a photo speed violation monitoring system, the city
OF NEW YORK shall consider criteria including, but not limited to, the
speed data, crash history, and the roadway geometry applicable to such
school speed zone. SUCH CITY SHALL PRIORITIZE THE PLACEMENT OF PHOTO
SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED ZONES BASED UPON
SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE. A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR OPERATED ON A
CONTROLLED-ACCESS HIGHWAY EXIT RAMP OR WITHIN THREE HUNDRED FEET ALONG A
HIGHWAY THAT CONTINUES FROM THE END OF A CONTROLLED-ACCESS HIGHWAY EXIT
RAMP.
§ 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has success-
fully passed a self-test of its functions; and (ii) it has undergone an
annual calibration check performed pursuant to paragraph four of this
subdivision. The city [may] SHALL install signs giving notice that a
photo speed violation monitoring system is in use to be mounted on
advance warning signs notifying APPROACHING motor vehicle operators of
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such upcoming school speed zone and/or on speed limit signs applicable
within such school speed zone, in conformance with standards established
in the MUTCD. SUCH ADVANCE WARNING SIGNS SHALL ALSO, TO THE EXTENT
AUTHORIZED BY THE MUTCD, CONTAIN THE WORDS "SPEED CAMERA AHEAD" AND BE
NO MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
§ 3. Subdivision (n) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of 2013, is amended to read as
follows:
(n) If the city adopts a demonstration program pursuant to subdivision
[one] (A) of this section it shall conduct a study and submit [a] AN
ANNUAL report on the results of the use of photo devices to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly 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:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the aggre-
gate on a daily, weekly and monthly basis;
6. the number of violations recorded within all school speed zones
within the city that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
S. 8827--A 5
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by the city in connection
with the program;
12. the expenses incurred by the city in connection with the program;
[and]
13. the quality of the adjudication process and its results; AND
14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
CRASHES.
§ 4. The opening paragraph of section 12 of chapter 43 of the laws of
2014, amending the vehicle and traffic law, the public officers law and
the general municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New York, is amended to
read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
shall expire 4 years after such effective date when upon such date the
provisions of SUCH SECTIONS OF this act shall be deemed repealed; and
provided further that any rules necessary for the implementation of this
act on its effective date shall be promulgated on or before such effec-
tive date, provided that:
§ 5. The opening paragraph of section 15 of chapter 189 of the laws of
2013, amending the vehicle and traffic law and the public officers law
relating to establishing in a city with a population of one million or
more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices, is amended to
read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
JULY 1, 2020; 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:
§ 6. This act shall take effect immediately; provided that the amend-
ments to section 1180-b of the vehicle and traffic law made by sections
one, two and three of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; and provided further
that the amendments to paragraph 2 of subdivision (a) of section 1180-b
of the vehicle and traffic law made by section two of this act shall
take effect on the ninetieth day after this act shall have become a law.
PART D
Section 1. Section 1268 of the public authorities law is amended by
adding a new subdivision 4 to read as follows:
4. THE AUTHORITY AND THE NEW YORK CITY TRANSIT AUTHORITY OR ANY OF ITS
SUBSIDIARY CORPORATIONS SHALL CONSULT WITH AND ASSIST THE CITY OF NEW
YORK IN IMPLEMENTING A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM ON
THE WILLIAMSBURG BRIDGE PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-F OF
THE VEHICLE AND TRAFFIC LAW.
§ 2. The vehicle and traffic law is amended by adding a new section
235-a to read as follows:
§ 235-A. JURISDICTION; WILLIAMSBURG BRIDGE TEMPORARY HIGH-OCCUPANCY
VEHICLE PROGRAM. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF ANY
S. 8827--A 6
GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN
ANY CITY OF A MILLION OR MORE WHICH HERETOFORE OR HEREAFTER IS AUTHOR-
IZED TO ESTABLISH A PARKING VIOLATIONS BUREAU HAVING JURISDICTION TO
HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARK-
ING, STANDING OR STOPPING VIOLATIONS IN ACCORDANCE WITH SECTION TWO
HUNDRED THIRTY-SIX OF THIS ARTICLE, SUCH TRIBUNAL SHALL BE AUTHORIZED TO
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS
CHAPTER FOR VIOLATIONS OF THE TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV)
PROGRAM AS DEFINED IN SUCH SECTION ELEVEN HUNDRED ELEVEN-F, AND SUCH
TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING THERETO SHALL BE
CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS.
§ 3. Section 236 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
1-A. CREATION. IN ANY CITY OF A MILLION OR MORE AS HEREINBEFORE OR
HEREAFTER AUTHORIZED SUCH TRIBUNAL WHEN CREATED SHALL BE KNOWN AS THE
PARKING VIOLATIONS BUREAU AND SHALL HAVE JURISDICTION OF TRAFFIC INFRAC-
TIONS WHICH CONSTITUTE A PARKING VIOLATION AND SHALL ADJUDICATE LIABIL-
ITY OF OWNERS IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR
VIOLATIONS OF THE TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM AS
DEFINED IN SUCH SECTION ELEVEN HUNDRED ELEVEN-F. FOR THE PURPOSES OF
THIS ARTICLE, A PARKING VIOLATION IS THE VIOLATION OF ANY LAW, RULE OR
REGULATION PROVIDING FOR OR REGULATING THE PARKING, STOPPING OR STANDING
OF A VEHICLE. IN ADDITION FOR PURPOSES OF THIS ARTICLE, "COMMISSIONER"
SHALL MEAN AND INCLUDE THE COMMISSIONER OF TRAFFIC OF THE CITY OR AN
OFFICIAL POSSESSING AUTHORITY AS SUCH A COMMISSIONER.
§ 4. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 16 to read as follows:
16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (F) OF SECTION ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED
ELEVEN-F OF THIS CHAPTER.
§ 5. Subdivision 1 of section 239 of the vehicle and traffic law is
amended by adding a new paragraph f-1 to read as follows:
F-1. "NOTICE OF VIOLATION" MEANS A NOTICE OF VIOLATION AS DEFINED IN
SUBDIVISION NINE OF SECTION TWO HUNDRED THIRTY-SEVEN OF THIS ARTICLE AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
AUTHORIZATION SET FORTH IN SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN
AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER.
§ 6. Section 240 of the vehicle and traffic law is amended by adding
three new subdivisions 1-b, 1-c and 2-a to read as follows:
1-B. NOTICE OF HEARING. WHENEVER A PERSON ALLEGED TO BE LIABLE IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER ENTERS A
PLEA OF NOT GUILTY OR CONTESTS SUCH AN ALLEGATION, THE BUREAU SHALL
ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST CLASS MAIL AS THE
DIRECTOR MAY DIRECT OF THE DATE ON WHICH HE OR SHE MUST APPEAR TO ANSWER
THE CHARGE AT A HEARING. THE FORM AND CONTENT OF SUCH NOTICE OF HEARING
SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL CONTAIN A WARNING TO
ADVISE THE PERSON SO PLEADING OR CONTESTING THAT FAILURE TO APPEAR ON
THE DATE DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED DATE, SHALL BE
DEEMED AN ADMISSION OF LIABILITY, AND THAT A DEFAULT JUDGMENT MAY BE
ENTERED THEREON.
1-C. FINES AND PENALTIES. WHENEVER A PLEA OF NOT GUILTY HAS BEEN
ENTERED, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN AND
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SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER IS BEING CONTESTED, BY A
PERSON IN A TIMELY FASHION AND A HEARING ON THE MERITS HAS BEEN
DEMANDED, BUT HAS NOT YET BEEN HELD, THE BUREAU SHALL NOT ISSUE ANY
NOTICE OF FINE OR PENALTY TO THAT PERSON PRIOR TO THE DATE OF THE HEAR-
ING.
2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION OF AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
SHALL BE HELD BEFORE A HEARING EXAMINER IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE BUREAU.
B. NO CHARGE MAY BE ESTABLISHED EXCEPT UPON PROOF BY SUBSTANTIAL
EVIDENCE.
C. THE HEARING EXAMINER SHALL NOT BE BOUND BY THE RULES OF EVIDENCE IN
THE CONDUCT OF THE HEARING, EXCEPT RULES RELATING TO PRIVILEGED COMMUNI-
CATIONS.
D. THE HEARING EXAMINER SHALL AT THE REQUEST OF THE PERSON CHARGED ON
A SHOWING OF GOOD CAUSE AND NEED THEREFOR, OR IN HIS OR HER OWN
DISCRETION, ISSUE A SUBPOENA TO COMPEL THE APPEARANCE AT A HEARING OF
THE OFFICER WHO SERVED THE NOTICE OF VIOLATION OR OF OTHER PERSONS TO
GIVE TESTIMONY, AND MAY ISSUE A SUBPOENA DUCES TECUM TO COMPEL THE
PRODUCTION FOR EXAMINATION OR INTRODUCTION INTO EVIDENCE, OF ANY BOOK,
PAPER OR OTHER THING RELEVANT TO THE CHARGES.
E. IN THE CASE OF A REFUSAL TO OBEY A SUBPOENA, THE BUREAU MAY MAKE
APPLICATION TO THE SUPREME COURT PURSUANT TO SECTION TWENTY-THREE
HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, FOR AN ORDER REQUIR-
ING SUCH APPEARANCE, TESTIMONY OR PRODUCTION OF EVIDENCE.
F. THE HEARING EXAMINER SHALL NOT EXAMINE THE PRIOR VIOLATION RECORD
OF A PERSON CHARGED BEFORE MAKING A DETERMINATION.
G. A RECORD SHALL BE MADE OF A HEARING ON A PLEA OF NOT GUILTY OR OF A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE MAKING OF THE
RECORD.
§ 7. Section 241 of the vehicle and traffic law is amended by adding
two new subdivisions 1-a and 2-a to read as follows:
1-A. THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON THE CHARGES,
EITHER SUSTAINING OR DISMISSING THEM. WHERE THE HEARING EXAMINER DETER-
MINES THAT THE CHARGES HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE EITHER
THE PRIOR PARKING VIOLATIONS RECORD OR THE RECORD OF LIABILITIES
INCURRED IN ACCORDANCE WITH ENFORCEMENT OF SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
OF THE PERSON CHARGED PRIOR TO RENDERING A FINAL DETERMINATION. FINAL
DETERMINATIONS SUSTAINING OR DISMISSING CHARGES SHALL BE ENTERED ON A
FINAL DETERMINATION ROLL MAINTAINED BY THE BUREAU TOGETHER WITH RECORDS
SHOWING PAYMENT AND NONPAYMENT OF PENALTIES.
2-A. WHERE AN OPERATOR OR OWNER FAILS TO ENTER A PLEA TO OR CONTEST AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
OR FAILS TO APPEAR ON A DESIGNATED HEARING DATE OR SUBSEQUENT ADJOURNED
DATE OR FAILS AFTER A HEARING TO COMPLY WITH THE DETERMINATION OF A
HEARING EXAMINER, AS PRESCRIBED BY THIS ARTICLE OR BY RULE OR REGULATION
OF THE BUREAU, SUCH FAILURE TO PLEAD, APPEAR OR COMPLY SHALL BE DEEMED,
FOR ALL PURPOSES, AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS FOR
RENDERING AND ENTERING A DEFAULT JUDGMENT IN AN AMOUNT PROVIDED BY THE
RULES AND REGULATIONS OF THE BUREAU. HOWEVER, AFTER THE EXPIRATION OF
THE ORIGINAL DATE PRESCRIBED FOR ENTERING A PLEA AND BEFORE A DEFAULT
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JUDGMENT MAY BE RENDERED, IN SUCH CASE THE BUREAU SHALL PURSUANT TO THE
APPLICABLE PROVISIONS OF LAW NOTIFY SUCH OPERATOR OR OWNER, BY SUCH FORM
OF FIRST CLASS MAIL AS THE COMMISSION MAY DIRECT: (1) OF THE VIOLATION
CHARGED OR LIABILITY IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION ELEV-
EN HUNDRED TEN AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER
ALLEGED, (2) OF THE IMPENDING DEFAULT JUDGMENT, (3) THAT SUCH JUDGMENT
WILL BE ENTERED IN THE CIVIL COURT OF THE CITY IN WHICH THE BUREAU HAS
BEEN ESTABLISHED, OR OTHER COURT OF CIVIL JURISDICTION OR ANY OTHER
PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW
YORK, AND (4) THAT A DEFAULT MAY BE AVOIDED BY ENTERING A PLEA OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED ELEVEN-F OF THIS CHAPTER OR MAKING AN APPEARANCE WITHIN THIRTY
DAYS OF THE SENDING OF SUCH NOTICE. PLEAS ENTERED WITHIN THAT PERIOD
SHALL BE IN THE MANNER PRESCRIBED IN THE NOTICE AND NOT SUBJECT TO ADDI-
TIONAL PENALTY OR FEE. SUCH NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL
NOT BE REQUIRED PRIOR TO THE RENDERING AND ENTRY THEREOF IN THE CASE OF
OPERATORS OR OWNERS WHO ARE NON-RESIDENTS OF THE STATE OF NEW YORK. IN
NO CASE SHALL A DEFAULT JUDGMENT BE RENDERED OR, WHERE REQUIRED, A
NOTICE OF IMPENDING DEFAULT JUDGMENT BE SENT, MORE THAN TWO YEARS AFTER
THE EXPIRATION OF THE TIME PRESCRIBED FOR ENTERING A PLEA. WHEN A PERSON
HAS DEMANDED A HEARING, NO FINE OR PENALTY SHALL BE IMPOSED FOR ANY
REASON PRIOR TO THE HOLDING OF THE HEARING. IF THE HEARING EXAMINER
SHALL MAKE A DETERMINATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE
SHALL IMPOSE NO GREATER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON
WAS ORIGINALLY CHARGED.
§ 8. Subdivision 5-a of section 401 of the vehicle and traffic law is
amended by adding a new paragraph a-1 to read as follows:
A-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
EOF 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 THAT THE REGISTRANT WAS
LIABLE IN ACCORDANCE WITH SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN
AND SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER FOR A VIOLATION OF
THE TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV) PROGRAM AS DEFINED IN SUCH
SECTION ELEVEN HUNDRED ELEVEN-F, THE COMMISSIONER OR HIS OR HER AGENT
SHALL DENY THE REGISTRATION OR RENEWAL APPLICATION UNTIL THE APPLICANT
PROVIDES PROOF FROM THE COURT OR ADMINISTRATIVE TRIBUNAL WHEREIN THE
CHARGES ARE PENDING THAT AN APPEARANCE OR ANSWER HAS BEEN MADE OR IN THE
CASE OF AN ADMINISTRATIVE TRIBUNAL THAT HE OR SHE HAS COMPLIED WITH THE
RULES AND REGULATIONS OF SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL 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 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.
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§ 9. Section 1110 of the vehicle and traffic law is amended by adding
a new subdivision (f) to read as follows:
(F) EVERY PERSON SHALL OBEY THE INSTRUCTIONS OF ANY OFFICIAL TRAFFIC-
CONTROL DEVICE PLACED TO DELINEATE HIGH-OCCUPANCY VEHICLE LANE
RESTRICTIONS PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAP-
TER, UNLESS OTHERWISE DIRECTED BY A TRAFFIC OR POLICE OFFICER, SUBJECT
TO THE EXCEPTIONS GRANTED THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE
IN THIS TITLE.
§ 10. 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
TEMPORARY HIGH-OCCUPANCY VEHICLE PROGRAM RESTRICTIONS. (A) 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IN CONSULTA-
TION WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IS HEREBY AUTHORIZED
AND EMPOWERED TO ESTABLISH A TEMPORARY HIGH-OCCUPANCY VEHICLE (HOV)
PROGRAM ON THE WILLIAMSBURG BRIDGE. SUCH PROGRAM WILL IMPOSE MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH HOV RESTRICTIONS IN SUCH CITY IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION. THE NEW YORK CITY DEPARTMENT OF TRANSPORTA-
TION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL OPERATE
HOV PHOTO DEVICES ONLY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG
BRIDGE IN SUCH CITY. SUCH HOV PHOTO DEVICES SHALL BE STATIONARY AND
SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT.
2. ANY IMAGE PRODUCED BY AN HOV PHOTO DEVICE SHALL NOT BE USED FOR ANY
PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN THE ABSENCE OF A
COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED.
3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY AN HOV PHOTO DEVICE,
PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS
SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY AN HOV
PHOTO DEVICE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF A VEHICLE. SUCH PROTECTIVE MEASURES SHALL
INCLUDE:
(I) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY HOV PHOTO
DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS
SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
(C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH
THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED
BY LAW;
(II) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG-
NATED HOV AREAS STATING THAT HOV PHOTO DEVICES ARE USED TO ENFORCE HOV
RESTRICTIONS; AND
(III) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMEN-
TIONED PRIVACY PROTECTION MEASURES.
4. WITHIN THE CITY OF NEW YORK, SUCH HOV PHOTO DEVICES USED IN ACCORD-
ANCE WITH THE TEMPORARY HOV PROGRAM SHALL ONLY BE OPERATED WITHIN DESIG-
NATED HOV AREAS ON THE WILLIAMSBURG BRIDGE DURING PERIODS TO BE DETER-
MINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION IN CONSULTATION
WITH THE METROPOLITAN TRANSPORTATION AUTHORITY IN ORDER TO FACILITATE
TRAFFIC MANAGEMENT. DETERMINATION OF SUCH PERIODS SHALL BE MADE BASED ON
FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL TRAFFIC ANALYSES
CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC, AND GUIDANCE FROM
APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION STRATEGIES.
S. 8827--A 10
(B) IF THE CITY OF NEW YORK HAS ESTABLISHED A TEMPORARY HOV PROGRAM
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 ANY HOV RESTRICTIONS THAT APPLY, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A HOV PHOTO DEVICE;
PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
TY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE
HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF ANY HOV RESTRICTIONS.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "HIGH-OCCUPANCY VEHICLE" OR "HOV" SHALL MEAN VEHICLES WITH THREE OR
MORE OCCUPANTS.
3. "HOV PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING
INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES
OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF HOV RESTRICTIONS.
4. "HOV RESTRICTIONS" SHALL MEAN RESTRICTIONS, WITHIN THE TEMPORARY
HOV PROGRAM, ON THE USE OF DESIGNATED AREAS OF THE WILLIAMSBURG BRIDGE,
DURING TIME PERIODS TO BE DEFINED BY THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION, BY A VEHICLE OTHER THAN: (I) AN HOV; (II) A VEHICLE
REGISTERED AS A COMMERCIAL VEHICLE PURSUANT TO PART ONE HUNDRED SIX OF
TITLE FIFTEEN OF THE NEW YORK CODES, RULES AND REGULATIONS; (III) AN
AUTHORIZED EMERGENCY VEHICLE; (IV) AN ACCESS-A-RIDE VEHICLE AS DEFINED
IN CHAPTER FIVE OF TITLE THIRTY-FOUR OF THE RULES OF THE CITY OF NEW
YORK; OR (V) A BUS.
5. "TEMPORARY HOV PROGRAM" SHALL MEAN A TEMPORARY PROGRAM THAT OPER-
ATES EXCLUSIVELY WITHIN DESIGNATED HOV AREAS ON THE WILLIAMSBURG BRIDGE
DURING PERIODS OF HIGH-TRAFFIC VOLUME TO BE DETERMINED BY THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION. DETERMINATION OF SUCH PERIODS SHALL
BE MADE BASED ON FACTORS THAT INCLUDE, BUT ARE NOT LIMITED TO, EMPIRICAL
TRAFFIC ANALYSES CONDUCTED BY SUCH DEPARTMENT, INPUT FROM THE PUBLIC,
AND GUIDANCE FROM APPROPRIATE GOVERNMENT ENTITIES REGARDING MITIGATION
STRATEGIES.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY AN HOV PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN. SUBJECT TO PARAGRAPH THREE OF SUBDIVISION (G)
OF THIS SECTION, ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF AN HOV RESTRICTION IMPOSED ON
THE WILLIAMSBURG BRIDGE IN ACCORDANCE WITH THE TEMPORARY HOV PROGRAM
SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF
FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE
CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY FOR
VIOLATING AN HOV RESTRICTION SHALL NOT EXCEED THIRTY-FIVE DOLLARS;
PROVIDED, FURTHER, THAN AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD. ALL MONETARY PENALTIES IMPOSED BY THIS SECTION SHALL, WITHIN
THE FIRST TEN DAYS OF THE MONTH NEXT SUCCEEDING THE COLLECTION OF SUCH
PENALTIES, BE PAID BY THE COLLECTING AUTHORITY TO THE STATE COMPTROLLER
S. 8827--A 11
TO BE DEPOSITED IN THE OUTER BOROUGH TRANSPORTATION ACCOUNT OF THE NEW
YORK CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED BY PARAGRAPH (II)
OF SUBDIVISION 1 OF SECTION TWELVE HUNDRED SEVENTY-I OF THE PUBLIC
AUTHORITIES LAW.
(F) AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE
DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
(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 THE TEMPORARY
HOV PROGRAM. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A
MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF
BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
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 THE TEMPORARY
HOV PROGRAM, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, ONE OR MORE
IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION
AND THE IDENTIFICATION NUMBER OF THE HOV PHOTO DEVICE 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 PERSON CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY
AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
VIOLATION.
5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF THE
TEMPORARY HOV PROGRAM 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
PARKING VIOLATIONS BUREAU OF SUCH CITY.
(I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF THE TEMPORARY HOV PROGRAM, PROVIDED
THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH F-ONE
OF SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER;
AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
S. 8827--A 12
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(J) IF THE OWNER LIABLE FOR A VIOLATION OF THE TEMPORARY HOV PROGRAM
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF HOV RESTRICTIONS.
(L) ON AND AFTER THE DATE OF RESTORATION OF REGULAR SUBWAY PASSENGER
SERVICE IN THE CANARSIE TUNNEL, THE CITY OF NEW YORK SHALL NOT BE
AUTHORIZED OR EMPOWERED TO ESTABLISH OR CONTINUE A TEMPORARY HOV PROGRAM
ON THE WILLIAMSBURG BRIDGE PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A)
OF THIS SECTION; PROVIDED THAT ANY VIOLATIONS ISSUED PRIOR TO SUCH DATE
MAY BE ADJUDICATED AFTER SUCH DATE. ON AND AFTER THE DATE OF RESTORATION
OF REGULAR SUBWAY PASSENGER SERVICE IN THE CANARSIE TUNNEL, THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION SHALL NOT BE AUTHORIZED TO OPERATE HOV
PHOTO DEVICES PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (A) OF THIS
SECTION; PROVIDED THAT ANY VIOLATIONS ISSUED PRIOR TO SUCH DATE MAY BE
ADJUDICATED AFTER SUCH DATE.
§ 11. Section 1809-e of the vehicle traffic law is amended by adding a
new subdivision 4 to read as follows:
4. THE PROVISIONS OF THIS SECTION AUTHORIZING THE IMPOSITION OF A
SURCHARGE SHALL NOT APPLY TO ADJUDICATIONS CONDUCTED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED ELEVEN-F OF THIS CHAPTER.
§ 12. 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.
§ 13. The New York city department of transportation shall: (i) prior
to implementing a temporary high-occupancy vehicle (HOV) program on the
Williamsburg bridge as authorized by section 1111-f of the vehicle and
traffic law, as added by section ten of this act, and in consultation
with the metropolitan transportation authority, in accordance with
subdivision 4 of section 1268 of the public authorities law, as added by
section one of this act, communicate to the public, including the
affected communities in New York and Kings counties, the plan for HOV
restrictions so as to maximize awareness of such temporary HOV program;
(ii) for at least 40 days prior to implementing such temporary HOV
program, send by first class mail notice of such upcoming implementation
to the owner of any vehicle that is not a bus, a commercial vehicle, an
authorized emergency vehicle, or an access-a-ride vehicle, identified as
having been driven on the Williamsburg bridge with fewer than three
occupants during time periods defined by the New York city department of
transportation in accordance with the provisions of section 1111-f of
the vehicle and traffic law, as added by section ten of this act; and
(iii) take such measures as are necessary to implement such temporary
S. 8827--A 13
HOV program prior to its implementation, including promulgating any
rules and regulations necessary for the implementation of this act.
Failure to comply with the provisions of this section shall not affect
the validity or implementation of the temporary HOV program authorized
by section 1111-f of the vehicle and traffic law, as added by section
ten of this act.
§ 14. (a) This act shall take effect immediately; provided, however,
that sections one through twelve of this act shall take effect April 1,
2019, and shall expire six months after the metropolitan transportation
authority restores regular subway passenger service in the Canarsie
tunnel, or April 1, 2021, whichever is earlier, when upon such date the
provisions of this act shall be deemed repealed; provided that the New
York city department of transportation shall notify the legislative bill
drafting commission upon the occurrence of such restoration 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 furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
(b) On and after the date the metropolitan transportation authority
restores regular subway passenger service in the Canarsie tunnel, or
April 1, 2021, whichever is earlier, the city of New York shall not be
authorized or empowered to establish or continue a temporary HOV program
on the Williamsburg bridge pursuant to paragraph 1 of subdivision (a) of
section 1111-f of the vehicle and traffic law, as added by section ten
of this act. On and after the date of restoration of regular subway
passenger service in the Canarsie tunnel, or April 1, 2021, whichever is
earlier, the New York city department of transportation shall not be
authorized to operate HOV photo devices pursuant to paragraph 1 of
subdivision (a) of section 1111-f of the vehicle and traffic law, as
added by section ten of this act.
(c) Notwithstanding the expiration and repeal of certain provisions of
this act, any violations issued prior to the date of restoration of
regular subway passenger service in the Canarsie tunnel may be adjudi-
cated after such date.
§ 2. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.
