LBD04683-01-9
A. 2730 2
diverted riders, transportation facility improvements and expansion, the
authority to utilize bus lane cameras to facilitate alternative forms of
transportation, and provide for public input throughout the planning
process and the L subway line closure. Public notice and involvement
throughout the process is essential so that everyday riders are able to
adjust their commuting habits and businesses are able to adapt to such a
change as a result of the closure. The legislature hereby finds and
declares that the L subway line closure and its impacts are a signif-
icant concern. The legislature further finds and declares that the MTA
shall be required to have a plan, prior to the L subway line closure,
that would mitigate the effects of, and accommodate those affected by,
the closure. Finally, the legislature finds and declares that such plan
shall provide for public input and be provided to the community.
§ 2. The public authorities law is amended by adding a new section
1279-e to read as follows:
§ 1279-E. L SUBWAY LINE CLOSURE MITIGATION PLAN. 1. THE AUTHORITY, IN
CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, THE
NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION, THE PERMANENT CITIZENS
ADVISORY COMMITTEE TO THE AUTHORITY AND ANY OTHER ENTITY THE AUTHORITY
DEEMS RELEVANT, SHALL DEVELOP A PLAN TO MITIGATE THE INDIVIDUAL AND
ECONOMIC HARDSHIPS DUE TO THE L SUBWAY LINE CLOSURE. SUCH PLAN SHALL
INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
(A) AN ANTICIPATED TIMELINE FOR THE L SUBWAY LINE CLOSURE, INCLUDING
THE ANTICIPATED START TIME AND DATE FOR THE CLOSURE AND THE ANTICIPATED
END TIME AND DATE FOR THE CLOSURE;
(B) AN ANALYSIS OF THE ANTICIPATED INCREASE IN RIDERSHIP ON ALTERNA-
TIVE ROUTES, INCLUDING BUT NOT LIMITED TO, ALTERNATIVE BUS ROUTES,
ALTERNATIVE SUBWAY ROUTES AND ALL OTHER FORMS OF ALTERNATIVE TRANSPORTA-
TION UTILIZED TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
SUBWAY LINE CLOSURE;
(C) IDENTIFICATION OF THE SPECIFIC CORRIDORS AND RELATED TRANSPORTA-
TION MODES THAT WILL BE IMPACTED AND DISRUPTED BY THE L SUBWAY LINE
CLOSURE;
(D) IDENTIFICATION OF THE SPECIFIC IMPACTS AND DISRUPTIONS CAUSED BY
THE L SUBWAY LINE CLOSURE AT ALTERNATIVE ROUTES, CORRIDORS AND RELATED
TRANSPORTATION MODES TO ACCOMMODATE DIVERTED L-RIDERS;
(E) IDENTIFICATION OF SPECIFIC MITIGATION MEASURES TO LESSEN THE IDEN-
TIFIED AND ANTICIPATED IMPACTS AND DISRUPTIONS AT ALTERNATIVE ROUTES,
CORRIDORS AND RELATED TRANSPORTATION MODES;
(F) IDENTIFICATION OF SURFACE AND SUBWAY TRANSPORTATION IMPROVEMENTS
AND RESTRICTIONS TO PREPARE FOR THE DISRUPTION AND IMPACTS OF THE L
SUBWAY LINE CLOSURE;
(G) A DETERMINATION OF THE TIMING AND SCOPE OF EACH INDIVIDUAL
IMPROVEMENT AND RESTRICTION TO SURFACE AND SUBWAY TRANSPORTATION;
(H) COMMENCEMENT, ADVERTISEMENT AND PUBLICATION OF PUBLIC HEARINGS
BEFORE, DURING AND AFTER THE CLOSURE OF THE L SUBWAY LINE;
(I) AN EXTENSIVE COMMUNITY OUTREACH PROCESS BEFORE, DURING AND AFTER
THE L SUBWAY LINE CLOSURE;
(J) ADDITIONAL STATION TURNSTILE, STAIR AND CONTROL AREA CAPACITY AND
SERVICE AT THE NUMEROUS STATIONS ON THE ALTERNATIVE SUBWAY LINES TO
ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(K) ADDITIONAL L-ALTERNATIVE SUBWAY LINE SERVICE AND CAPACITY ON WEEK-
ENDS AND OVERNIGHTS;
(L) SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT
OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA;
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(M) FREE TRANSFERS FOR FERRY, BUS AND SUBWAY LINES TO ACCOMMODATE
DIVERTED PASSENGERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(N) INCREASED FERRY CAPACITY AND SERVICE CONNECTING BROOKLYN AND
MANHATTAN TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY
LINE CLOSURE;
(O) INCREASED BUS SERVICE AND CAPACITY TO ACCOMMODATE DIVERTED L-RID-
ERS AS A RESULT OF THE L SUBWAY LINE CLOSURE WITHIN THE L SUBWAY LINE
CLOSURE AREA;
(P) INCREASED SUBWAY SERVICE AND CAPACITY ON L ALTERNATIVE ROUTE
SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
SUBWAY LINE CLOSURE;
(Q) IDENTIFICATION OF SUBWAY STATION IMPROVEMENTS AT L-ALTERNATIVE
ROUTE SUBWAY LINES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
SUBWAY LINE CLOSURE;
(R) FARE PARITY BETWEEN FERRY, BUS AND SUBWAY LINES FOR DIVERTED
L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(S) CONTRACT INCENTIVES AND PENALTIES FOR THE CONTRACTORS TO ENCOURAGE
THE COMPLETION OF THE L SUBWAY LINE CLOSURE PROJECT WITHIN FIFTEEN
MONTHS;
(T) THE IMPLEMENTATION OF BUS LANES IN ORDER TO MOVE BUSES QUICKLY AND
NOT ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT
OF THE L SUBWAY LINE CLOSURE;
(U) THE IMPLEMENTATION OF HIGH OCCUPANCY VEHICLE(HOV) LANE
RESTRICTIONS IN ORDER TO MOVE HIGH OCCUPANCY VEHICLES QUICKLY AND NOT
ADD TO CONGESTION AND TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
THE L SUBWAY LINE CLOSURE;
(V) THE IDENTIFICATION OF APPROPRIATE PLACEMENT OF HOV LANES THROUGH-
OUT THE IMPACTED AREA TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
THE L SUBWAY LINE CLOSURE;
(W) DETERMINATION AND EVALUATION ENFORCEMENT MEASURES OF HOV LANES;
(X) THE PERIODIC REVIEW OF THE EFFECTIVENESS OF HOV LANES;
(Y) ANALYSIS OF THE IMPACT OF THE WILLIAMSBURG BRIDGE RESTRICTIONS ON
THE OTHER EAST RIVER CROSSINGS;
(Z) MITIGATION OF AN OUTSIZED SHIFT OF DIVERTED L-RIDERS TO FOR-HIRE
VEHICLES THAT COULD LEAD TO MASSIVE CONGESTION AT EAST RIVER CROSSINGS;
(AA) DEVELOPMENT OF ROBUST PLANS FOR BICYCLE USE TO ACCOMMODATE
DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(BB) EXPANDED ACCESS TO PEDESTRIANS, BUS RIDERS AND CYCLISTS ALONG
L-ALTERNATIVE ROUTE TRANSPORTATION CORRIDORS TO ENSURE QUICK AND EFFI-
CIENT MOVEMENT FOR DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
CLOSURE;
(CC) PEAK HOUR RESTRICTIONS TO ASSIST BUSES IN TRAVELING ALONG L-AL-
TERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A
RESULT OF THE L SUBWAY LINE CLOSURE;
(DD) BUS LANES TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNATIVE TRANS-
PORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
SUBWAY LINE CLOSURE;
(EE) SELECT BUS SERVICE TO ASSIST BUSES IN TRAVELING ALONG L-ALTERNA-
TIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT
OF THE L SUBWAY LINE CLOSURE;
(FF) UPGRADING OF SELECT BUS SERVICE TO ASSIST BUSES TRAVELING ALONG
L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS
A RESULT OF THE L SUBWAY LINE CLOSURE;
(GG) TEMPORARY BUS BULBS TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE
TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
THE L SUBWAY LINE CLOSURE;
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(HH) OFFSET BUS LINES TO ASSIST BUSES TRAVELING ALONG L-ALTERNATIVE
TRANSPORTATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF
THE L SUBWAY LINE CLOSURE;
(II) SIDEWALK EXPANSION ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES
TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
CLOSURE;
(JJ) NEW PEDESTRIAN SPACE ALONG THE L-ALTERNATIVE TRANSPORTATION
ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
CLOSURE;
(KK) AN ANALYSIS AND DETERMINATION OF THE IMPACT ON DAILY CYCLING
VOLUME ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE
DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(LL) TWO-WAY PROTECTED CROSSTOWN BIKE LANE TO ACCOMMODATE DIVERTED
L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(MM) PEDESTRIANIZED STREET FEATURES ALONG THE L-ALTERNATIVE TRANSPOR-
TATION ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L
SUBWAY LINE CLOSURE;
(NN) NEW BIKE PARKING HUBS ALONG THE L-ALTERNATIVE TRANSPORTATION
ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
CLOSURE;
(OO) NEW FERRY ROUTES ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO
ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(PP) INCREASED SERVICES AND CAPACITY FOR COMMUNITY BICYCLE-SHARING
PROGRAMS TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY
LINE CLOSURE;
(QQ) IDENTIFICATION AND IMPLEMENTATION OF THE PLACEMENT OF ADDITIONAL
CROSSWALKS ALONG THE L-ALTERNATIVE TRANSPORTATION ROUTES TO ACCOMMODATE
DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE CLOSURE;
(RR) ADDITIONAL BICYCLE PARKING ALONG THE L-ALTERNATIVE TRANSPORTATION
ROUTES TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT OF THE L SUBWAY LINE
CLOSURE; AND
(SS) THE PERIODIC BRIEFING OF ELECTED OFFICIALS ON THE STATUS OF THE
SUBWAY LINE CLOSURE BEFORE, DURING AND AFTER THE CLOSURE.
2. IN DEVELOPING THE PLAN REFERENCED IN SUBDIVISION ONE OF THIS
SECTION, THE AUTHORITY SHALL CONSIDER BUT NOT BE LIMITED TO THE FOLLOW-
ING ACTIONS AND MEASURES FOR INCLUSION IN SAID PLAN:
(A) DISCOUNTED ADVERTISING ON ALL AUTHORITY ADVERTISING MEDIUMS WITHIN
THE L SUBWAY LINE CLOSURE AREA;
(B) SIGNAGE WITHIN THE L SUBWAY LINE CLOSURE AREA IN THE VICINITY OF
ABOVE-GROUND WORK SITES WHICH STATE THAT NEARBY BUSINESSES ARE OPEN;
(C) THE COMMISSIONING OF PUBLIC ART TO BE INSTALLED WITHIN THE L
SUBWAY LINE CLOSURE AREA FOR THE PURPOSE OF DRAWING VISITORS TO NEIGH-
BORHOODS IN THE L SUBWAY LINE CLOSURE AREA;
(D) METHODS TO ENCOURAGE THE PATRONAGE OF BUSINESSES WITHIN THE L
SUBWAY LINE CLOSURE AREA;
(E) IN CONSULTATION WITH THE URBAN DEVELOPMENT CORPORATION, PROVIDING
FINANCIAL ASSISTANCE TO BUSINESSES WITHIN THE L SUBWAY LINE CLOSURE
AREA, INCLUDING GRANTS AND RENTAL AND UTILITY ASSISTANCE; AND
(F) IN CONSULTATION WITH THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPO-
RATION, IDENTIFYING STATE OWNED PROPERTY IN MANHATTAN WHICH MAY BE USED
AS TEMPORARY SHOWROOMS FOR BUSINESSES WITHIN THE L SUBWAY LINE PROJECT
AREA.
3. FOR PURPOSES OF THIS SECTION "L SUBWAY LINE CLOSURE AREA" SHALL
MEAN AN AREA APPROVED BY THE BOARD OF THE AUTHORITY THAT IS ADJACENT TO
OR AFFECTED BY THE TEMPORARY CLOSURE OF PORTIONS OF THE L SUBWAY LINE
FOR REPAIRS.
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4. THE L SUBWAY LINE CLOSURE MITIGATION PLAN REQUIRED PURSUANT TO THIS
SECTION SHALL, NO LATER THAN SIXTY DAYS BEFORE THE COMMENCEMENT OF THE L
SUBWAY LINE CLOSURE, BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, BE POSTED ON THE
AUTHORITY'S WEBSITE AND ALSO BE MADE READILY AVAILABLE TO THE PUBLIC.
5. THE AUTHORITY SHALL NOT CHARGE AN ADDITIONAL OR EXTRA FARE OR FEE
FOR ANY SHUTTLE BUS SERVICE TO ACCOMMODATE DIVERTED L-RIDERS AS A RESULT
OF THE L SUBWAY LINE CLOSURE IN THE L SUBWAY LINE CLOSURE AREA.
§ 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle
and traffic law, as amended by section 6 of part NNN of chapter 59 of
the laws of 2018, is amended to read as follows:
5. "bus rapid transit program" shall mean up to ten routes designated
by the New York city department of transportation in consultation with
the applicable mass transit agency, A ROUTE DESIGNATED BY THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION ON GRAND STREET, DELANCEY STREET AND
THE WILLIAMSBURG BRIDGE FROM THE GRAND STREET STATION TO THE DELANCEY
STREET STATION, AND A ROUTE DESIGNATED BY THE NEW YORK CITY DEPARTMENT
OF TRANSPORTATION ON FOURTEENTH STREET BETWEEN THIRD AND NINTH AVENUES
EASTBOUND AND THIRD AND EIGHTH AVENUES WESTBOUND, in addition to the Bus
Rapid Transit Phase I plan routes, that operate on designated bus lanes
and that may include upgraded signage, enhanced road markings, minimum
bus stop spacing, off-board fare payment, traffic signal priority for
buses, and any other enhancement that increases bus speed or reliabil-
ity.
§ 4. 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 TEN-A OF THE
VEHICLE AND TRAFFIC LAW.
§ 5. 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
GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, IN
ANY CITY WHICH HERETOFORE OR HEREAFTER IS AUTHORIZED TO ESTABLISH AN
ADMINISTRATIVE TRIBUNAL HAVING JURISDICTION TO HEAR AND DETERMINE
COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR
STOPPING VIOLATIONS IN ACCORDANCE WITH THIS ARTICLE, SUCH TRIBUNAL SHALL
BE AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED TEN-A OF THIS CHAPTER AND SUCH TRIBUNAL AND THE RULES AND
REGULATIONS PERTAINING THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL
CONFORMANCE WITH THE FOLLOWING SECTIONS.
§ 6. Section 236 of the vehicle and traffic law is amended by adding a
new subdivision 1-a to read as follows:
1-A. A PARKING VIOLATIONS BUREAU CREATED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL HAVE JURISDICTION AS PROVIDED IN THIS SECTION AND
SHALL ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (F)
OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
TEN-A OF THIS CHAPTER.
§ 7. Section 237 of the vehicle and traffic law is amended by adding a
new subdivision 16 to read as follows:
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16. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI-
SION (F) OF SECTION ELEVEN HUNDRED TEN IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A OF THIS CHAPTER.
§ 8. 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,
BUT SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT
TO AUTHORIZATION SET FORTH IN SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP-
TER.
§ 9. Section 239 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
5. APPLICABILITY. THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION TWO AND
SUBDIVISION THREE OF THIS SECTION SHALL NOT BE APPLICABLE TO DETERMI-
NATIONS OF OWNER LIABILITY FOR THE FAILURE OF AN OPERATOR TO COMPLY WITH
SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER.
§ 10. 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 SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER CONTESTS
SUCH ALLEGATION, THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH
FORM OF FIRST CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH
HE OR SHE MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND
CONTENT OF SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR,
AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTEST-
ING 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 SECTION ELEVEN HUNDRED TEN-A 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
HEARING.
2-A. CONDUCT OF HEARINGS. A. EVERY HEARING FOR AN ADJUDICATION OF AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A
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.
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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 SECTION ELEVEN HUNDRED
TEN-A OF THIS CHAPTER IS CONTESTED. RECORDING DEVICES MAY BE USED FOR
THE MAKING OF THE RECORD.
§ 11. 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 THE
RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
TEN-A 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 CONTEST AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAP-
TER OR FAILS TO APPEAR ON A DESIGNATED HEARING DATE OR SUBSEQUENT
ADJOURNED DATE OR FAILS AFTER A HEARING TO COMPLY WITH THE DETERMINATION
OF A HEARING EXAMINER, AS PRESCRIBED BY THIS ARTICLE OR BY RULE OR REGU-
LATION OF THE BUREAU, SUCH FAILURE TO CONTEST, APPEAR OR COMPLY SHALL BE
DEEMED, FOR ALL PURPOSES, AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS
FOR RENDERING AND ENTERING A DEFAULT JUDGMENT IN AN AMOUNT PROVIDED BY
THE RULES AND REGULATIONS OF THE BUREAU. HOWEVER, AFTER THE EXPIRATION
OF THE ORIGINAL DATE PRESCRIBED FOR CONTESTING AN ALLEGATION OF LIABIL-
ITY AND BEFORE A DEFAULT JUDGMENT MAY BE RENDERED, IN SUCH CASE THE
BUREAU SHALL PURSUANT TO THE APPLICABLE PROVISIONS OF LAW NOTIFY SUCH
OPERATOR OR OWNER, BY SUCH FORM OF FIRST CLASS MAIL AS THE COMMISSION
MAY DIRECT: (1) OF THE LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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 CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER OR MAKING AN APPEARANCE
WITHIN THIRTY DAYS OF THE SENDING OF SUCH NOTICE. ALLEGATIONS OF LIABIL-
ITY CONTESTED WITHIN THAT PERIOD SHALL BE IN THE MANNER PRESCRIBED IN
THE NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR FEE. SUCH NOTICE OF
IMPENDING DEFAULT JUDGMENT SHALL NOT BE REQUIRED PRIOR TO THE RENDERING
AND ENTRY THEREOF IN THE CASE OF OPERATORS OR OWNERS WHO ARE NON-RESI-
DENTS 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 CONTESTING AN ALLEGATION OF LIABILITY. 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 DETERMI-
NATION ON THE CHARGES, SUSTAINING THEM, HE OR SHE SHALL IMPOSE NO GREAT-
ER PENALTY OR FINE THAN THOSE UPON WHICH THE PERSON WAS ORIGINALLY
CHARGED.
§ 12. 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-
A. 2730 8
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 SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER
FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN 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 OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF
SAID TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION
IS DENIED PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI-
SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE
REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
§ 13. 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 UNDER THE TEMPORARY HOV PROGRAM ESTABLISHED PURSUANT TO
SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, UNLESS OTHERWISE DIRECTED
BY A TRAFFIC OR POLICE OFFICER, SUBJECT TO THE EXCEPTIONS GRANTED THE
DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE IN THIS TITLE.
§ 14. The vehicle and traffic law is amended by adding a new section
1110-a to read as follows:
§ 1110-A. 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 IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH HOV
RESTRICTIONS ON SUCH BRIDGE 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 MAY BE STATIONARY OR MOBILE
AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT OF
TRANSPORTATION.
2. ANY IMAGE OR IMAGES CAPTURED OR 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,
A. 2730 9
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, PROVIDED THAT THE CITY HAS MADE A
REASONABLE EFFORT TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH. SUCH
PROTECTIVE MEASURES SHALL INCLUDE:
(I) THE UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE THAT IMAGES
PRODUCED BY SUCH HOV PHOTO DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE;
(II) 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;
(III) 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
(IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
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.
(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 AN HOV PHOTO DEVICE;
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 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 A HIGH
NUMBER OF OCCUPANTS AS DETERMINED IN RULES PROMULGATED BY THE NEW YORK
CITY DEPARTMENT OF TRANSPORTATION.
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
A. 2730 10
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. 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 SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS ARTICLE SHALL BE LIABLE FOR MONETARY PENAL-
TIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY
THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF
THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED THIRTY-FIVE DOLLARS;
PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL
PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE
FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME
PERIOD.
(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 SUBDIVISION
(F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY TO 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
(F) OF SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, 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
A. 2730 11
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 SUBDIVI-
SION (F) OF SECTION ELEVEN HUNDRED TEN 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 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 SUBDIVISION (F) OF SECTION ELEVEN
HUNDRED TEN OF THIS ARTICLE, PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
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 SUBDIVISION (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS ARTICLE 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 SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED TEN OF THIS ARTICLE.
§ 15. 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
A. 2730 12
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 (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
there shall be levied a crime victim assistance fee and a mandatory
surcharge, in addition to any sentence required or permitted by law, in
accordance with the following schedule:
(c) Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter, or a local law,
ordinance, rule or regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping, or parking or
violations by pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-b of this chapter, or other than an adjudication of
liability of an owner for a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section eleven
hundred eleven-d of this chapter, or other than an infraction pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an adjudication in accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, or other than an adjudication of liability of an owner for
a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, or other than an adjudication
of liability of an owner for a violation of subdivision (d) of section
A. 2730 13
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 (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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.
§ 15-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 VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
there shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of twenty-five dollars.
§ 15-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
A. 2730 14
(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 (F) OF SECTION ELEVEN HUNDRED TEN OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A 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.
§ 15-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 (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED TEN-A 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.
§ 15-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 (F) OF SECTION
A. 2730 15
ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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.
§ 15-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 (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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.
§ 15-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 (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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.
§ 15-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 (F) OF SECTION
ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED TEN-A 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.
§ 16. 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. 2730 16
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, 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 chapter, and
except an adjudication in accordance with section eleven hundred
eleven-c of this chapter of a violation of a bus lane restriction as
defined in such section, and except an adjudication of liability of an
owner for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, and except an adjudication of
liability of an owner for a violation of subdivision (b), (c), (d), (f)
or (g) of section eleven hundred eighty of this chapter in accordance
with section eleven hundred eighty-c of this chapter, and except an
adjudication of liability of an owner for a violation of toll collection
regulations pursuant to section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, AND EXCEPT AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A
VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER,
there shall be levied in addition to any sentence, penalty or other
surcharge required or permitted by law, an additional surcharge of twen-
ty-eight dollars.
§ 16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-a of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this 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, 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
A. 2730 17
(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, AND EXCEPT AN ADJUDICATION OF LIABILITY
OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
THIS CHAPTER, 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.
§ 16-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, 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 eight-
y-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 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, AND EXCEPT
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
(F) OF SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED TEN-A OF THIS CHAPTER, there shall be levied in
addition to any sentence, penalty or other surcharge required or permit-
ted by law, an additional surcharge of twenty-eight dollars.
§ 16-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-
A. 2730 18
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, 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 eight-
y-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, AND EXCEPT AN ADJU-
DICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF
SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED TEN-A OF THIS CHAPTER, 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.
§ 16-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, 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, AND EXCEPT AN ADJUDICATION OF LIABILITY
OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
THIS CHAPTER, 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.
§ 16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-e of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred-e of this chapter, and
except an adjudication of liability of an owner for a violation of toll
collection regulations pursuant to section two thousand nine hundred
A. 2730 19
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, AND EXCEPT AN ADJUDICATION OF LIABILITY
OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
THIS CHAPTER, 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.
§ 16-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, 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, AND EXCEPT AN ADJUDICATION OF LIABILITY
OF AN OWNER FOR A VIOLATION OF SUBDIVISION (F) OF SECTION ELEVEN HUNDRED
TEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED TEN-A OF
THIS CHAPTER, 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.
§ 17. 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 TEN-A OF THE
VEHICLE AND TRAFFIC LAW.
§ 18. 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 1110-a of the vehicle and
traffic law, as added by section fourteen of this act, and in consulta-
tion with the metropolitan transportation authority, in accordance with
subdivision 4 of section 1268 of the public authorities law, as added by
section four 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 1110-a of
the vehicle and traffic law, as added by section fourteen of this act;
and (iii) take such measures as are necessary to implement such tempo-
rary HOV program prior to its implementation, including promulgating any
rules and regulations necessary for the implementation of this act.
A. 2730 20
Failure to comply with the provisions of this section shall not affect
the validity or implementation of the temporary HOV program authorized
by section 1110-a of the vehicle and traffic law, as added by section
fourteen of this act.
§ 19. The purchase or lease of equipment for a program established
pursuant to section 1110-a of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
§ 20. (a) This act shall take effect immediately provided, however,
that sections one through three of this act shall expire and be deemed
repealed September 1, 2020; provided, however, that the amendments to
paragraph 5 of subdivision (c) of section 1111-c of the vehicle and
traffic law, made by section three of this act, shall not affect the
repeal of such section and shall be deemed repealed therewith provided,
further, that sections four through seventeen and section nineteen of
this act shall take effect April 1, 2019, and sections four through
nineteen of this act shall expire and be deemed repealed July 1, 2020,
except that if the metropolitan transportation authority completes
repairs on the Canarsie tunnel prior to July 1, 2020, sections four
through nineteen of this act shall expire and be deemed repealed on such
prior date; provided that the metropolitan transportation authority
shall notify the legislative bill drafting commission upon the occur-
rence of such completion of the Canarsie tunnel occurring prior to July
1, 2020 in order that the commission may maintain an accurate and timely
effective database 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;
(b) notwithstanding the expiration and repeal of certain provisions of
this act, any violations issued prior to July 1, 2020 or the prior date
upon which sections four through nineteen of this act expires and is
deemed repealed pursuant to subdivision (a) of this section, whichever
occurs first, may be adjudicated after such date;
(c) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen 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 fifteen-a of this act
shall take effect;
(d) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-b of this act
shall take effect;
(e) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-c of this act
shall take effect;
(f) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-d of this act
shall take effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-e of this act
shall take effect;
A. 2730 21
(h) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-f of this act
shall take effect;
(i) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section fifteen-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 fifteen-g of this act
shall take effect;
(j) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section sixteen 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
sixteen-a of this act shall take effect;
(k) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section sixteen-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
sixteen-b of this act shall take effect;
(l) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section sixteen-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
sixteen-c of this act shall take effect;
(m) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section sixteen-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
sixteen-d 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 sixteen-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
sixteen-e of this act shall take effect; and
(o) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section sixteen-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
sixteen-f of this act shall take effect.