|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Aug 07, 2019 |
signed chap.148 |
| Aug 01, 2019 |
delivered to governor |
| Mar 19, 2019 |
returned to assembly passed senate 3rd reading cal.47 substituted for s231 |
| Mar 19, 2019 |
substituted by a951 |
| Jan 29, 2019 |
advanced to third reading |
| Jan 28, 2019 |
2nd report cal. |
| Jan 23, 2019 |
1st report cal.47 |
| Jan 09, 2019 |
referred to transportation |
Senate Bill S231
Signed By Governor2019-2020 Legislative Session
Relates to establishing in the city of Buffalo a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices
download bill text pdfSponsored By
(D, WF) 63rd Senate District
Archive: Last Bill Status Via A951 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 19, 2019
aye (46)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hoylman-Sigal
- Jackson
- Jacobs
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Little
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- Parker
- Persaud
- Ramos
- Ritchie
- Rivera
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Thomas
nay (15)excused (1)
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Jan 22, 2019 - Transportation Committee Vote
S23114Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D, WF) Senate District
2019-S231 (ACTIVE) - Details
2019-S231 (ACTIVE) - Sponsor Memo
BILL NUMBER: S231
SPONSOR: KENNEDY
TITLE OF BILL:
An act to amend the vehicle and traffic law and the public officers law,
in relation to establishing in the city of Buffalo a demonstration
program implementing speed violation monitoring systems in school speed
zones by means of photo devices; and providing for the repeal of such
provisions upon expiration thereof
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 and its subsections amend multiple parts of section 235 of the
vehicle and traffic law to include the ability to adjudicate the liabil-
ity of owners for violations of section eleven hundred eighty of this
chapter in accordance with said chapter.
Section 2 and its subsections amend multiple parts of section 236 of the
vehicle and traffic law to include the ability to adjudicate the liabil-
ity of owners for violations of section eleven hundred eighty of this
chapter in accordance with said chapter.
Section 3 amends section 237 of the vehicle and traffic law to include the ability to adjudicate the liability of owners for violations of section eleven hundred eighty of this chapter in accordance with said chapter. Section 4 and its subsections amend paragraph f of subdivision 1 of section 239 of the vehicle and traffic law to state that a notice of liability issued pursuant to section eleven hundred eighty-b of this chapter shall not be included in the definition of "notice of violation". Section 5 and its subsections amend subdivisions 1 and 1-a of section 240 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter. Section 6 and its subsections amends paragraphs a and g of section 240 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter. Section 7 and its subsections amend subdivisions 1 and 2 of section 241 of the vehicle and traffic law to reference allegations of liability in accordance with section eleven hundred eighty-d of this chapter. Section 8 amends the vehicle and traffic law to include section 1180-d, titled "owner liability for failure of operator to comply with certain posted maximum speed limits". This authorizes the City of Buffalo to establish a demonstration program imposing monetary liability on the owners of motor vehicles found to be in violation of the maximum school speed limit in Buffalo through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that data by photographic, micro-graphic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. Buffalo will be authorized to operate cameras in no more than twenty school zones at any one time during any year of the program. Such speed limit photo devices may be stationary or mobile and shall be activated at locations selected by such city. Section 9 and its subsections amend sections of subdivision 1 of section 1809 of the vehicle and traffic law to reference an adjudication of liability of an owner in accordance with section eleven hundred eighty-d of this chapter. Section 10 and its subsections amend paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law to exempt an adjudication of liability of an owner in accordance with section eleven hundred eighty-d of this chapter in multiple places. Section 11 and its subsections amend sections of subdivision 5-a of section 401 of the vehicle and traffic law to reference liability of the registrant in accordance with section eleven hundred eighty-d of this chapter. Section 12 and its subsections amend subdivision 2 of section 87 of the public officers law to include photographs, microphotographs, videotape, or other recorded images prepared under the authority section eleven hundred eighty-d of vehicle and traffic law as acceptable evidence. Section 13 states that the purchase or lease of equipment for a demon- stration program shall be subject to the provisions of section 103 of the general municipal law. Section 14 is the enacting clause. JUSTIFICATION: Speeding motorists are a pervasive problem in some areas of the City of Buffalo. Speed violations are often a significant factor in accidents, which may result in death or injury to motorists and pedestrians. Speed- ing motorists are especially an issue in school zones, where children and families are vulnerable to distracted, speeding drivers. According to Safe Kids Worldwide, in the United States there has been a 13% increase in the pedestrian death rate for 12-19 year olds since 2013. Under the present provisions of law, a police officer must be present at the scene of a speeding violation to observe the violation and serve the operator of the vehicle with a summons. There are of course not a suffi- cient number of police officers to observe every speeding violation. In fact, a motorist can rely on the odds that a speeding violation will not be detected. Therefore, the purpose of this legislation is to develop a system which will supplement the police effort by using recent technology to record speeding violations on film or other recording devices. Technology presently exists which will photographically capture vehicles which exceed the maximum speed limit without the presence of a police officer. This technology combines speed sensing technology that deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micrographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. This image can then be used as evidence in a proceeding to impose liability on the owner of the vehicle for the speeding violation. The enactment of this legislation will give the City of Buffalo a greater ability to enforce appropriate speeds through school zones, hopefully saving lives in the process. PRIOR LEGISLATIVE HISTORY: 2017-18: S.8746/A.10810 FISCAL IMPLICATIONS: None to state. EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that any rules necessary for the implementation of this act on its effective date shall be promulgated on or before such date.
2019-S231 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
231
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in the city of Buffalo a demonstration
program implementing speed violation monitoring systems in school
speed zones by means of photo devices; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 235 of the vehicle and traffic
law, as amended by section 1 of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal to hear and determine complaints of traffic infractions consti-
tuting parking, standing or stopping violations, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine, or to adjudicate the
liability of owners for violations of subdivision (d) of section eleven
hundred eleven of this chapter in accordance with section eleven hundred
eleven-d of this chapter, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-e of this chap-
ter, or to adjudicate the liability of owners for violations of toll
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04570-01-9
S. 231 2
collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or to adjudicate liability of owners in accordance with section
eleven hundred eleven-c of this chapter for violations of bus lane
restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
section, or to adjudicate the liability of owners for violations of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-b of this chapter, OR TO ADJUDICATE THE LIABILITY
OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 1-a. Section 235 of the vehicle and traffic law, as amended by
section 1-a of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, or to adjudicate the
liability of owners for violations 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 TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
§ 1-b. Section 235 of the vehicle and traffic law, as amended by
section 1-b of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
S. 231 3
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine, or to adjudicate the liability of owners for
violations of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-d of this chap-
ter, or to adjudicate the liability of owners for violations of subdivi-
sion (d) of section eleven hundred eleven of this chapter in accordance
with section eleven hundred eleven-e of this chapter, or to adjudicate
the liability of owners for violations of toll collection regulations as
defined in and in accordance with the provisions of section two thousand
nine hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, or to adjudicate liability of
owners in accordance with section eleven hundred eleven-c of this chap-
ter for violations of bus lane restrictions as defined in such section,
or to adjudicate the liability of owners for violations 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 TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 1-c. Section 235 of the vehicle and traffic law, as amended by
section 1-c of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section, or to adjudicate the
liability of owners for violations 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 TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the
rules and regulations pertaining thereto shall be constituted in
substantial conformance with the following sections.
S. 231 4
§ 1-d. Section 235 of the vehicle and traffic law, as amended by
section 1-d of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or to adjudicate liability of owners for violations of
subdivisions (c) and (d) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER,
such tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 1-e. Section 235 of the vehicle and traffic law, as amended by
section 1-e of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-d of this chapter, or to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-e of this chapter, or to adjudicate the liability of owners for
violations of toll collection regulations as defined in and in accord-
ance with the provisions of section two thousand nine hundred eighty-
five of the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, OR TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, such tribunal and the rules and regulations
pertaining thereto shall be constituted in substantial conformance with
the following sections.
§ 1-f. Section 235 of the vehicle and traffic law, as amended by
section 1-f of chapter 222 of the laws of 2015, is amended to read as
follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
S. 231 5
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-e of this chapter, or to adjudicate the liability
of owners for violations of toll collection regulations as defined in
and in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, OR TO ADJUDICATE THE LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such tribunal and the rules and
regulations pertaining thereto shall be constituted in substantial
conformance with the following sections.
§ 1-g. Section 235 of the vehicle and traffic law, as separately
amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
of 1992, is amended to read as follows:
§ 235. Jurisdiction. Notwithstanding any inconsistent provision of any
general, special or local law or administrative code to the contrary, in
any city which heretofore or hereafter is authorized to establish an
administrative tribunal to hear and determine complaints of traffic
infractions constituting parking, standing or stopping violations, or to
adjudicate the liability of owners for violations of toll collection
regulations as defined in and in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty, OR TO ADJU-
DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, such
tribunal and the rules and regulations pertaining thereto shall be
constituted in substantial conformance with the following sections.
§ 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-a of this chapter or
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or subdivision (a) of section eleven
hundred eleven-d of this chapter, or subdivision (a) of section eleven
hundred eleven-e of this chapter, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such section eleven hundred
eleven-a, sections eleven hundred eleven-b as added by sections sixteen
of chapters twenty, twenty-one, and twenty-two of the laws of two thou-
sand nine, or section eleven hundred eleven-d or section eleven hundred
eleven-e and shall adjudicate the liability of owners for violations of
toll collection regulations as defined in and in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
S. 231 6
fifty and shall adjudicate liability of owners in accordance with
section eleven hundred eleven-c of this chapter for violations of bus
lane restrictions as defined in such section and shall adjudicate the
liability of owners for violations 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 SHALL ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. Such tribunal, except
in a city with a population of one million or more, shall also have
jurisdiction of abandoned vehicle violations. For the purposes of this
article, a parking violation is the violation of any law, rule or regu-
lation 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.
§ 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-a of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivisions (a) of sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine, or subdivision (a) of section eleven
hundred eleven-d of this chapter, or subdivision (a) of section eleven
hundred eleven-e of this chapter, shall adjudicate the liability of
owners for violations of subdivision (d) of section eleven hundred elev-
en of this chapter in accordance with such sections eleven hundred
eleven-b as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine or section eleven
hundred eleven-d or section eleven hundred eleven-e; and shall adjudi-
cate liability of owners in accordance with section eleven hundred
eleven-c of this chapter for violations of bus lane restrictions as
defined in such section and shall adjudicate liability of owners for
violations of subdivisions (c) and (d) of section eleven hundred eighty
of this chapter in accordance with section eleven hundred eighty-b of
this chapter AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS
OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion 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.
§ 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-b of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized by local law adopted pursuant to
subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall adjudicate
S. 231 7
liability of owners in accordance with section eleven hundred eleven-c
of this chapter for violations of bus lane restrictions as defined in
such section; and shall adjudicate the liability of owners for
violations 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 SHALL ADJUDICATE THE LIABILITY OF OWNERS
FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEV-
EN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER. For the purposes of this article, a
parking violation is the violation of any law, rule or regulation
providing for or regulating the parking, stopping or standing of a vehi-
cle. In addition for purposes of this article, "commissioner" shall mean
and include the commissioner of traffic of the city or an official
possessing authority as such a commissioner.
§ 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-c of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation and shall
adjudicate the liability of owners for violations 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
SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
For the purposes of this article, a parking violation is the violation
of any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-d of chapter 222 of the laws of 2015, is amended to
read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and, where authorized by local law adopted pursuant to subdivision (a)
of section eleven hundred eleven-d of this chapter or subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation AND SHALL
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. For
the purposes of this article, a parking violation is the violation of
any law, rule or regulation providing for or regulating the parking,
stopping or standing of a vehicle. In addition for purposes of this
article, "commissioner" shall mean and include the commissioner of traf-
fic of the city or an official possessing authority as such a commis-
sioner.
§ 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2-e of chapter 222 of the laws of 2015, is amended to
read as follows:
S. 231 8
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and where authorized by local law adopted pursuant to subdivision (a) of
section eleven hundred eleven-e of this chapter, shall have jurisdiction
of traffic infractions which constitute a parking violation AND SHALL
ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER. For the
purposes of this article, a parking violation is the violation of any
law, rule or regulation providing for or regulating the parking, stop-
ping 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.
§ 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
added by chapter 715 of the laws of 1972, is amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation AND SHALL ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER. For the purposes of this article, a parking
violation is the violation of any law, rule or regulation providing for
or regulating the parking, stopping or standing of a vehicle. In addi-
tion 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.
§ 3. 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 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAP-
TER.
§ 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of chapter 222 of the laws of 2015,
is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article,
but shall not be deemed to include a notice of liability issued pursuant
to authorization set forth in section eleven hundred eleven-a of this
chapter, or sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine, or section eleven hundred eleven-d of this
chapter, or section eleven hundred eleven-e of this chapter, and shall
not be deemed to include a notice of liability issued pursuant to
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eleven-c of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-b of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER.
S. 231 9
§ 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-a of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article but
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or section eleven hundred
eleven-d of this chapter or section eleven hundred eleven-e of this
chapter and shall not be deemed to include a notice of liability issued
pursuant to section eleven hundred eleven-c of this chapter and shall
not be deemed to include a notice of liability issued pursuant to
section eleven hundred eighty-b of this chapter AND SHALL NOT BE DEEMED
TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-b of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eleven-c of this chapter and shall not be deemed to
include a notice of liability issued pursuant to section eleven hundred
eighty-b of this chapter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF
LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER.
§ 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-c of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter and shall not
be deemed to include a notice of liability issued pursuant to section
eleven hundred eighty-b of this chapter AND SHALL NOT BE DEEMED TO
INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER.
§ 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-d of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-d of this chap-
ter or to a notice of liability issued pursuant to authorization set
forth in section eleven hundred eleven-e of this chapter AND SHALL NOT
BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
S. 231 10
§ 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4-e of chapter 222 of the laws of
2015, is amended to read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article and
shall not be deemed to include a notice of liability issued pursuant to
authorization set forth in section eleven hundred eleven-e of this chap-
ter AND SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED
PURSUANT TO SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as added by chapter 180 of the laws of 1980, is amended to
read as follows:
f. "Notice of violation" means a notice of violation as defined in
subdivision nine of section two hundred thirty-seven of this article AND
SHALL NOT BE DEEMED TO INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER.
§ 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law, as amended by section 5 of chapter 222 of the laws of 2015, are
amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or section eleven hundred eleven-d of this chapter, or
section eleven hundred eleven-e of this chapter, for a violation of
subdivision (d) of section eleven hundred eleven of this chapter
contests such allegation, or a person alleged to be liable in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section contests
such allegation, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
or contesting that failure to appear on the date designated, or on any
subsequent adjourned date, shall be deemed an admission of liability,
and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-a of this chapter or
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or section eleven hundred eleven-d of this chapter or
section eleven hundred eleven-e of this chapter or an allegation of
S. 231 11
liability in accordance with section two thousand nine hundred eighty-
five of the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty or an allegation of liability in accordance with section
eleven hundred eleven-c of this chapter or an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter OR AN
ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, is being contested, by a person in a timely fashion
and a hearing upon the merits has been demanded, but has not yet been
held, the bureau shall not issue any notice of fine or penalty to that
person prior to the date of the hearing.
§ 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-a of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with sections eleven hundred eleven-b of this chapter as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine or section eleven hundred eleven-d of
this chapter or section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section contests
such allegation, or a person alleged to be liable in accordance with the
provisions of section eleven hundred eighty-b of this chapter for
violations of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
or contesting that failure to appear on the date designated, or on any
subsequent adjourned date, shall be deemed an admission of liability,
and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with sections eleven hundred eleven-b of this chapter, as
added by sections sixteen of chapters twenty, twenty-one, and twenty-two
of the laws of two thousand nine or in accordance with section eleven
hundred eleven-d of this chapter, or in accordance with section eleven
hundred eleven-e of this chapter or an allegation of liability in
accordance with section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
S. 231 12
§ 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-b of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with the provisions of section eleven hundred eleven-c of
this chapter for a violation of a bus lane restriction as defined in
such section, contests such allegation, or a person alleged to be liable
in accordance with the provisions of section eleven hundred eighty-b of
this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter contests such allegation,
OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau shall advise such
person personally by such form of first class mail as the director may
direct of the date on which he or she must appear to answer the charge
at a hearing. The form and content of such notice of hearing shall be
prescribed by the director, and shall contain a warning to advise the
person so pleading that failure to appear on the date designated, or on
any subsequent adjourned date, shall be deemed an admission of liabil-
ity, and that a default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or in
accordance with section eleven hundred eleven-c of this chapter or an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
§ 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-c of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter, or a
person alleged to be liable in accordance with section eleven hundred
eleven-e of this chapter, or a person alleged to be liable in accordance
with the provisions of section eleven hundred eighty-b of this chapter
for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
en hundred eighty of this chapter contests such allegation, OR A PERSON
ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
CONTESTS SUCH ALLEGATION, the bureau shall advise such person personally
by such form of first class mail as the director may direct of the date
on which he or she must appear to answer the charge at a hearing. The
form and content of such notice of hearing shall be prescribed by the
director, and shall contain a warning to advise the person so pleading
that failure to appear on the date designated, or on any subsequent
S. 231 13
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, or
the bureau has been notified that an allegation of liability in accord-
ance with section eleven hundred eleven-e of this chapter, or the bureau
has been notified that an allegation of liability in accordance with
section eleven hundred eighty-b of this chapter, OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER, is being contested, by a person in a timely fashion and a hear-
ing upon the merits has been demanded, but has not yet been held, the
bureau shall not issue any notice of fine or penalty to that person
prior to the date of the hearing.
§ 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-d of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-d of this chapter
contests such allegation, or a person alleged to be liable in accordance
with section eleven hundred eleven-e of this chapter contests such alle-
gation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the bureau
shall advise such person personally by such form of first class mail as
the director may direct of the date on which he or she must appear to
answer the charge at a hearing. The form and content of such notice of
hearing shall be prescribed by the director, and shall contain a warning
to advise the person so pleading that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-d of this chapter, is
being contested, or the bureau has been notified that an allegation of
liability in accordance with section eleven hundred eleven-e of this
chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, is being contested, by a person in a
timely fashion and a hearing upon the merits has been demanded, but has
not yet been held, the bureau shall not issue any notice of fine or
penalty to that person prior to the date of the hearing.
§ 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, as amended by section 5-e of chapter 222 of the laws of 2015,
are amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, or a person alleged to be liable
in accordance with section eleven hundred eleven-e of this chapter
contests such allegation, OR A PERSON ALLEGED TO BE LIABLE IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER
FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION, the
bureau shall advise such person personally by such form of first class
mail as the director may direct of the date on which he or she must
S. 231 14
appear to answer the charge at a hearing. The form and content of such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading that failure to appear on the
date designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with section eleven hundred eleven-e of this chapter, OR
AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER, is being contested, by a person in a timely
fashion and a hearing upon the merits has been demanded, but has not yet
been held, the bureau shall not issue any notice of fine or penalty to
that person prior to the date of the hearing.
§ 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
fic law, subdivision 1 as added by chapter 715 of the laws of 1972, and
subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty, OR A PERSON ALLEGED TO BE LIABLE
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED EIGHTY-D OF
THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER CONTESTS SUCH ALLEGATION,
the bureau shall advise such person personally by such form of first
class mail as the director may direct of the date on which he must
appear to answer the charge at a hearing. The form and content of such
notice of hearing shall be prescribed by the director, and shall contain
a warning to advise the person so pleading that failure to appear on the
date designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER IS
BEING CONTESTED, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
§ 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of chapter 222 of the laws of
2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or an
allegation of liability in accordance with section two thousand nine
hundred eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty or an allegation of liability in accord-
ance with section eleven hundred eleven-c of this chapter or an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter, OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, shall be held before a hearing
S. 231 15
examiner in accordance with rules and regulations promulgated by the
bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter is
contested or in accordance with section eleven hundred eleven-e of this
chapter is contested or of a hearing at which liability in accordance
with section two thousand nine hundred eighty-five of the public author-
ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty is
contested or of a hearing at which liability in accordance with section
eleven hundred eleven-c of this chapter or OF a hearing at which liabil-
ity in accordance with section eleven hundred eighty-b of this chapter
OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be
used for the making of the record.
§ 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-a of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or an allegation of liability in accordance
with section eleven hundred eighty-b of this chapter OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER, shall be held before a hearing examiner in accordance with
rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with sections eleven hundred
eleven-b of this chapter, as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or of a
hearing at which liability in accordance with section eleven hundred
eleven-c of this chapter or OF a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter OR OF A HEAR-
ING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER is contested. Recording devices may be used for the
making of the record.
§ 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-b of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter or an allegation of
liability in accordance with section eleven hundred eleven-c of this
chapter or an allegation of liability in accordance with section eleven
hundred eighty-b of this chapter OR AN ALLEGATION OF LIABILITY IN
S. 231 16
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER shall be
held before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eleven-d of this chapter or of a hear-
ing at which liability in accordance with section eleven hundred
eleven-c of this chapter or OF a hearing at which liability in accord-
ance with section eleven hundred eighty-b of this chapter OR OF A HEAR-
ING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER is contested. Recording devices may be used for the
making of the record.
§ 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-c of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter or an allegation of
liability in accordance with section eleven hundred eighty-b of this
chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER shall be held before a hearing examiner
in accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or of a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter or of a hearing at which liability in accord-
ance with section eleven hundred eleven-d of this chapter or OF a hear-
ing at which liability in accordance with section eleven hundred eight-
y-b of this chapter OR OF A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-d of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter or an allegation of liability in accordance
with section eleven hundred eleven-d of this chapter OR AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER shall be held before a hearing examiner in accordance with rules
and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-d of this chapter is contested or a hearing at which liability in
accordance with section eleven hundred eleven-e of this chapter OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER is contested. Recording devices may be used for
the making of the record.
§ 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as amended by section 6-e of chapter 222 of the
laws of 2015, are amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
or an allegation of liability in accordance with section eleven hundred
eleven-e of this chapter OR AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER shall be held
S. 231 17
before a hearing examiner in accordance with rules and regulations
promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty or a
hearing at which liability in accordance with section eleven hundred
eleven-e of this chapter OR A HEARING AT WHICH LIABILITY IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER is contested.
Recording devices may be used for the making of the record.
§ 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
cle and traffic law, as added by chapter 715 of the laws of 1972, are
amended to read as follows:
a. Every hearing for the adjudication of a charge of parking violation
OR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER shall be held before a hearing examiner in
accordance with rules and regulations promulgated by the bureau.
g. A record shall be made of a hearing on a plea of not guilty OR A
HEARING AT WHICH LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER. Recording devices may be used for the making
of the record.
§ 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-a of this
chapter or in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter or in accordance with
section eleven hundred eleven-e of this chapter or the record of liabil-
ities incurred in accordance with section two thousand nine hundred
eighty-five of the public authorities law or sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty of the person charged, or the record of
liabilities incurred in accordance with section eleven hundred eleven-c
of this chapter, or the record of liabilities incurred in accordance
with section eleven hundred eighty-b of this chapter, OR IN THE RECORD
OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable prior to
rendering a final determination. Final determinations sustaining or
dismissing charges shall be entered on a final determination roll main-
tained by the bureau together with records showing payment and nonpay-
ment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-a of this chapter or in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter or in accordance with section eleven hundred
eleven-e of this chapter or fails to contest an allegation of liability
in accordance with section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, or fails to contest an allegation of liability in accordance with
S. 231 18
section eleven hundred eleven-c of this chapter or fails to contest an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR FAILS TO CONTEST AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead or contest, appear or comply shall be
deemed, for all purposes, an admission of liability and shall be grounds
for rendering and entering a default judgment in an amount provided by
the rules and regulations of the bureau. However, after the expiration
of the original date prescribed for entering a plea and before a default
judgment may be rendered, in such case the bureau shall pursuant to the
applicable provisions of law notify such operator or owner, by such form
of first class mail as the commission may direct; (1) of the violation
charged, or liability in accordance with section eleven hundred eleven-a
of this chapter or in accordance with sections eleven hundred eleven-b
of this chapter as added by sections sixteen of chapters twenty, twen-
ty-one, and twenty-two of the laws of two thousand nine or in accordance
with section eleven hundred eleven-d of this chapter or in accordance
with section eleven hundred eleven-e of this chapter alleged or liabil-
ity in accordance with section two thousand nine hundred eighty-five of
the public authorities law or sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty alleged or liability in accordance with section eleven
hundred eleven-c of this chapter or liability in accordance with section
eleven hundred eighty-b of this chapter alleged, OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER ALLEGED, (2)
of the impending default judgment, (3) that such judgment will be
entered in the Civil Court of the city in which the bureau has been
established, or other court of civil jurisdiction or any other place
provided for the entry of civil judgments within the state of New York,
and (4) that a default may be avoided by entering a plea or contesting
an allegation of liability in accordance with section eleven hundred
eleven-a of this chapter or in accordance with sections eleven hundred
eleven-b of this chapter as added by sections sixteen of chapters twen-
ty, twenty-one, and twenty-two of the laws of two thousand nine or in
accordance with section eleven hundred eleven-d of this chapter or in
accordance with section eleven hundred eleven-e of this chapter or
contesting an allegation of liability in accordance with section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty or contesting an
allegation of liability in accordance with section eleven hundred
eleven-c of this chapter or contesting an allegation of liability in
accordance with section eleven hundred eighty-b of this chapter OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, as appropriate, or making an appear-
ance within thirty days of the sending of such notice. Pleas entered and
allegations contested within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
S. 231 19
prescribed for entering a plea or contesting an allegation. When a
person has demanded a hearing, no fine or penalty shall be imposed for
any reason, prior to the holding of the hearing. If the hearing examiner
shall make a determination on the charges, sustaining them, he or she
shall impose no greater penalty or fine than those upon which the person
was originally charged.
§ 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-a of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with sections eleven hundred eleven-b of this
chapter as added by sections sixteen of chapters twenty, twenty-one, and
twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter or in accordance with
section eleven hundred eleven-e of this chapter of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this chapter, OR
THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with sections eleven hundred eleven-b of this chapter as added by
sections sixteen of chapters twenty, twenty-one, and twenty-two of the
laws of two thousand nine or in accordance with section eleven hundred
eleven-d of this chapter, or in accordance with section eleven hundred
eleven-e of this chapter, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
fails to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, contest, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged,
or liability in accordance with sections eleven hundred eleven-b of this
chapter, as added by sections sixteen of chapters twenty, twenty-one,
and twenty-two of the laws of two thousand nine or in accordance with
section eleven hundred eleven-d of this chapter, or in accordance with
section eleven hundred eleven-e of this chapter, or liability in accord-
ance with section eleven hundred eleven-c of this chapter or liability
S. 231 20
in accordance with section eleven hundred eighty-b of this chapter
alleged, OR LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER ALLEGED, (2) of the impending default judgment, (3) that
such judgment will be entered in the Civil Court of the city in which
the bureau has been established, or other court of civil jurisdiction or
any other place provided for the entry of civil judgments within the
state of New York, and (4) that a default may be avoided by entering a
plea or contesting an allegation of liability in accordance with
sections eleven hundred eleven-b of this chapter as added by sections
sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
two thousand nine or in accordance with section eleven hundred eleven-d
of this chapter or in accordance with section eleven hundred eleven-e of
this chapter, or contesting an allegation of liability in accordance
with section eleven hundred eleven-c of this chapter or contesting an
allegation of liability in accordance with section eleven hundred eight-
y-b of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, as appropri-
ate, or making an appearance within thirty days of the sending of such
notice. Pleas entered and allegations contested within that period shall
be in the manner prescribed in the notice and not subject to additional
penalty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of opera-
tors or owners who are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required, a notice
of impending default judgment be sent, more than two years after the
expiration of the time prescribed for entering a plea or contesting an
allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he or she shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-b of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged, or the record of liabilities incurred in accordance with
section eleven hundred eleven-d of this chapter of the person charged,
or the record of liabilities incurred in accordance with section eleven
hundred eleven-c of this chapter, or the record of liabilities incurred
in accordance with section eleven hundred eighty-b of this chapter, OR
THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED, as applicable,
prior to rendering a final determination. Final determinations sustain-
ing or dismissing charges shall be entered on a final determination roll
maintained by the bureau together with records showing payment and
nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter, or contest an
allegation of liability in accordance with section eleven hundred
eleven-d of this chapter, or fails to contest an allegation of liability
in accordance with section eleven hundred eleven-c of this chapter, or
S. 231 21
fails to contest an allegation of liability incurred in accordance with
section eleven hundred eighty-b of this chapter, OR FAILS TO CONTEST AN
ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER, or fails to appear on a designated
hearing date or subsequent adjourned date or fails after a hearing to
comply with the determination of a hearing examiner, as prescribed by
this article or by rule or regulation of the bureau, such failure to
plead, appear or comply shall be deemed, for all purposes, an admission
of liability and shall be grounds for rendering and entering a default
judgment in an amount provided by the rules and regulations of the
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
such case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail as the
commission may direct; (1) of the violation charged, or liability in
accordance with section eleven hundred eleven-e of this chapter, or
liability in accordance with section eleven hundred eleven-d of this
chapter, or alleged liability in accordance with section eleven hundred
eleven-c of this chapter or alleged liability in accordance with section
eleven hundred eighty-b of this chapter, OR ALLEGED LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which the bureau has been established, or
other court of civil 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-e of this
chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-d of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eleven-c of
this chapter or contesting an allegation of liability in accordance with
section eleven hundred eighty-b of this chapter OR CONTESTING AN ALLEGA-
TION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF
THIS CHAPTER or making an appearance within thirty days of the sending
of such notice. Pleas entered within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing,
no fine or penalty shall be imposed for any reason, prior to the holding
of the hearing. If the hearing examiner shall make a determination on
the charges, sustaining them, he or she shall impose no greater penalty
or fine than those upon which the person was originally charged.
§ 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-c of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-d of this
chapter of the person charged, or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
S. 231 22
person charged or the record of liabilities incurred in accordance with
section eleven hundred eighty-b of this chapter, OR THE RECORD OF
LIABILITIES INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER OF THE PERSON CHARGED, as applicable, 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 penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter or contest an alle-
gation of liability in accordance with section eleven hundred eleven-d
of this chapter or fails to contest an allegation of liability incurred
in accordance with section eleven hundred eighty-b of this chapter OR
FAILS TO CONTEST AN ALLEGATION OF LIABILITY INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails to appear on a
designated hearing date or subsequent adjourned date or fails after a
hearing to comply with the determination of a hearing examiner, as
prescribed by this article or by rule or regulation of the bureau, such
failure to plead, appear or comply shall be deemed, for all purposes, an
admission of liability and shall be grounds for rendering and entering a
default judgment in an amount provided by the rules and regulations of
the bureau. However, after the expiration of the original date
prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
liability in accordance with section eleven hundred eleven-e of this
chapter or liability in accordance with section eleven hundred eleven-d
of this chapter or liability in accordance with section eleven hundred
eighty-b of this chapter alleged, OR LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D 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-e of this
chapter or contesting an allegation of liability in accordance with
section eleven hundred eleven-d of this chapter or contesting an allega-
tion of liability in accordance with section eleven hundred eighty-b of
this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or making an appearance
within thirty days of the sending of such notice. Pleas entered within
that period shall be in the manner prescribed in the notice and not
subject to additional penalty or fee. Such notice of impending default
judgment shall not be required prior to the rendering and entry thereof
in the case of operators or owners who are non-residents of the state of
New York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea.
When a person has demanded a hearing, no fine or penalty shall be
imposed for any reason, prior to the holding of the hearing. If the
hearing examiner shall make a determination on the charges, sustaining
them, he shall impose no greater penalty or fine than those upon which
the person was originally charged.
S. 231 23
§ 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-d of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with section eleven hundred eleven-e of this
chapter of the person charged or the record of liabilities incurred in
accordance with section eleven hundred eleven-d of this chapter of the
person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED,
as applicable, prior to rendering a final determination. Final determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter or contest an alle-
gation of liability in accordance with section eleven hundred eleven-d
of this chapter OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged or
liability in accordance with section eleven hundred eleven-e of this
chapter alleged or liability in accordance with section eleven hundred
eleven-d of this chapter alleged OR LIABILITY IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D 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-e of this chapter or
contesting an allegation of liability in accordance with section eleven
hundred eleven-d of this chapter OR CONTESTING AN ALLEGATION OF LIABIL-
ITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER
or making an appearance within thirty days of the sending of such
notice. Pleas entered within that period shall be in the manner
prescribed in the notice and not subject to additional penalty or fee.
Such notice of impending default judgment shall not be required prior to
the rendering and entry thereof in the case of operators or owners who
are non-residents of the state of New York. In no case shall a default
judgment be rendered or, where required, a notice of impending default
judgment be sent, more than two years after the expiration of the time
prescribed for entering a plea. When a person has demanded a hearing, no
fine or penalty shall be imposed for any reason, prior to the holding of
S. 231 24
the hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he shall impose no greater penalty or fine
than those upon which the person was originally charged.
§ 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7-e of chapter 222 of the laws of 2015, are
amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine the
prior parking violations record or the record of liabilities incurred in
accordance with section eleven hundred eleven-e of this chapter of the
person charged OR THE RECORD OF LIABILITIES INCURRED IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER OF THE PERSON CHARGED,
as applicable, prior to rendering a final determination. Final determi-
nations sustaining or dismissing charges shall be entered on a final
determination roll maintained by the bureau together with records show-
ing payment and nonpayment of penalties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with section eleven hundred eleven-e of this chapter OR CONTEST AN ALLE-
GATION OF LIABILITY INCURRED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER or fails to appear on a designated hearing date
or subsequent adjourned date or fails after a hearing to comply with the
determination of a hearing examiner, as prescribed by this article or by
rule or regulation of the bureau, such failure to plead, appear or
comply shall be deemed, for all purposes, an admission of liability and
shall be grounds for rendering and entering a default judgment in an
amount provided by the rules and regulations of the bureau. However,
after the expiration of the original date prescribed for entering a plea
and before a default judgment may be rendered, in such case the bureau
shall pursuant to the applicable provisions of law notify such operator
or owner, by such form of first class mail as the commission may direct;
(1) of the violation charged or liability in accordance with section
eleven hundred eleven-e of this chapter alleged OR LIABILITY IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D 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-e of this chapter OR CONTESTING AN ALLEGATION OF LIABILITY IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or
making an appearance within thirty days of the sending of such notice.
Pleas entered within that period shall be in the manner prescribed in
the notice and not subject to additional penalty or fee. Such notice of
impending default judgment shall not be required prior to the rendering
and entry thereof in the case of operators or owners who are non-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 entering a plea. When a person has demanded a hearing, no fine or
penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, he shall impose no greater penalty or fine
than those upon which the person was originally charged.
S. 231 25
§ 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, subdivision 1 as added by chapter 715 of the laws of 1972, and
subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he may examine the prior
parking violations record OR THE RECORD OF LIABILITIES INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER of the
person charged, AS APPLICABLE, 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. Where an operator or owner fails to enter a plea to a charge of a
parking violation OR CONTEST AN ALLEGATION OF LIABILITY INCURRED IN
ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER or fails
to appear on a designated hearing date or subsequent adjourned date or
fails after a hearing to comply with the determination of a hearing
examiner, as prescribed by this article or by rule or regulation of the
bureau, such failure to plead, appear or comply shall be deemed, for all
purposes, an admission of liability and shall be grounds for rendering
and entering a default judgment in an amount provided by the rules and
regulations of the bureau. However, after the expiration of the original
date prescribed for entering a plea and before a default judgment may be
rendered, in such case the bureau shall pursuant to the applicable
provisions of law notify such operator or owner, by such form of first
class mail as the commission may direct; (1) of the violation charged OR
LIABILITY IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS
CHAPTER ALLEGED, (2) of the impending default judgment, (3) that such
judgment will be entered in the Civil Court of the city in which the
bureau has been established, or other court of civil jurisdiction or any
other place provided for the entry of civil judgments within the state
of New York, and (4) that a default may be avoided by entering a plea OR
CONTESTING AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D 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 shall
impose no greater penalty or fine than those upon which the person was
originally charged.
§ 8. The vehicle and traffic law is amended by adding a new section
1180-d to read as follows:
§ 1180-D. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CITY OF BUFFALO 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 CITY (I) WHEN A SCHOOL
S. 231 26
SPEED LIMIT IS IN EFFECT AS PROVIDED IN PARAGRAPHS ONE AND TWO OF SUBDI-
VISION (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 ACTIV-
ITIES. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY TO INSTALL
PHOTO SPEED VIOLATION MONITORING SYSTEMS WITHIN NO MORE THAN TWENTY
SCHOOL SPEED ZONES WITHIN THE 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 SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO
THE SPEED DATA, CRASH HISTORY, AND THE ROADWAY GEOMETRY APPLICABLE TO
SUCH SCHOOL SPEED ZONE.
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 SHALL INSTALL SIGNS GIVING NOTICE THAT A PHOTO
SPEED VIOLATION MONITORING SYSTEM IS IN USE TO BE MOUNTED ON ADVANCE
WARNING SIGNS NOTIFYING MOTOR VEHICLE OPERATORS OF 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.
3. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT HE OR SHE OPERATES THAT (I) STATES
THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS SET UP
THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY PERFORMED, AND
THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE PRODUCING A
RECORDED IMAGE THAT DAY. THE CITY SHALL RETAIN EACH SUCH DAILY LOG
UNTIL THE LATER OF THE DATE ON WHICH THE PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM TO WHICH IT APPLIES HAS BEEN PERMANENTLY REMOVED FROM USE OR
THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED
BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES
PRODUCED BY SUCH SYSTEM.
4. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE CITY SHALL
KEEP EACH SUCH ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL
RESOLUTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING
SUCH YEAR WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE
OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED VIOLATION MONITOR-
ING SYSTEM.
5. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
S. 231 27
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE
DISMISSED SOLELY BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE
OR OTHER RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE
PASSENGERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY SHOWS THAT IT
MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH
IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE
CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF
LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
S. 231 28
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(B) IF THE CITY OF BUFFALO ESTABLISHES A DEMONSTRATION PROGRAM PURSU-
ANT 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, WITHIN A SCHOOL SPEED ZONE IN VIOLATION OF SUBDIVISION (C) OR
DURING THE TIMES AUTHORIZED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAVELING AT A SPEED OF
MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED LIMIT IN EFFECT
WITHIN SUCH SCHOOL SPEED ZONE, AND SUCH VIOLATION IS EVIDENCED BY INFOR-
MATION OBTAINED FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM; PROVIDED
HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED
PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN
CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN
THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL
DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO
SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER;
2. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
3. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A SCHOOL SPEED ZONE IN VIOLATION OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND
4. "SCHOOL SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOU-
SAND THREE HUNDRED TWENTY FEET ON A HIGHWAY PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF BUFFALO, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A
VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE
REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR
THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY IN
ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND
PENALTIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY
OF BUFFALO. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL
NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT
S. 231 29
SUCH PARKING VIOLATIONS BUREAU MAY PROVIDE FOR AN ADDITIONAL PENALTY NOT
IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO
RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH
OWNER IS A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF
SUCH OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT
BE REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
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
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTI-
CLE PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
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 PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE CITY OF
BUFFALO, OR BY ANY OTHER ENTITY AUTHORIZED BY THE CITY TO PREPARE AND
MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF 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 SUBDIVISION (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION
THAT THE VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO
THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU OR BY ANY OTHER ENTITY
AUTHORIZED BY THE CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(J) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY THE CITY OF BUFFALO PARKING VIOLATIONS BUREAU.
(K) 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
S. 231 30
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION, 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 DIVI-
SION OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFOR-
MATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
TO SUCH DIVISION THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHI-
CLE 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
DIVISION 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 OWNER 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 (I) OF THIS SECTION.
(L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS
SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME OF SUCH
OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (C) OR (D)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(N) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION
(A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON THE
RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. 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
S. 231 31
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;
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.
(O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION
MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED
VIOLATION.
§ 9. The opening paragraph and paragraph (c) of subdivision 1 of
section 1809 of the vehicle and traffic law, as amended by section 10 of
chapter 222 of the laws of 2015, are amended to read as follows:
Whenever proceedings in an administrative tribunal or a court of this
state result in a conviction for an offense under this chapter or a
traffic infraction under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter, other than a traffic
infraction involving standing, stopping, or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
eleven-a of this chapter, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of section eleven hundred
eleven of this chapter in accordance with section eleven hundred
S. 231 32
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 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
EIGHTY-D OF THIS CHAPTER, there shall be levied a crime victim assist-
ance 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
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 (B), (C), (D), (F)
OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE
S. 231 33
WITH SECTION ELEVEN HUNDRED EIGHTY-D 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.
§ 9-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 (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-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, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of twenty-five dollars.
§ 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
as amended by section 10-b of chapter 222 of the laws of 2015, is
amended to read as follows:
1. Whenever proceedings in an administrative tribunal or a court of
this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than a traffic infraction
involving standing, stopping, parking or motor vehicle equipment or
violations by pedestrians or bicyclists, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of subdi-
vision (d) of section eleven hundred eleven of this chapter in accord-
ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for a violation
S. 231 34
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 (B), (C), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-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, there shall be levied a mandatory
surcharge, in addition to any sentence required or permitted by law, in
the amount of seventeen dollars.
§ 9-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 (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D 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-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 chap-
ter, there shall be levied a mandatory surcharge, in addition to any
sentence required or permitted by law, in the amount of seventeen
dollars.
§ 9-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
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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-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
S. 231 35
accordance with section eleven hundred eleven-e of this chapter, there
shall be levied a mandatory surcharge, in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
§ 9-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 (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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-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, there shall be levied a manda-
tory surcharge, in addition to any sentence required or permitted by
law, in the amount of seventeen dollars.
§ 9-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 (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-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, there shall be levied a
mandatory surcharge, in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
§ 9-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 (B), (C), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D 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.
§ 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11 of chapter 222 of the laws of
2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
S. 231 36
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, 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-D 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.
§ 10-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
(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,
S. 231 37
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-D OF
THIS CHAPTER, and except an adjudication of liability of an owner for a
violation of toll collection regulations pursuant to section two thou-
sand nine hundred eighty-five of the public authorities law or sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty, there shall be levied in addition
to any sentence, penalty or other surcharge required or permitted by
law, an additional surcharge of twenty-eight dollars.
§ 10-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 SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH
SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER, and except an adjudi-
cation of liability of an owner for a violation of toll collection regu-
lations pursuant to section two thousand nine hundred eighty-five of the
public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
chapter seven hundred seventy-four of the laws of nineteen hundred
fifty, there shall be levied in addition to any sentence, penalty or
other surcharge required or permitted by law, an additional surcharge of
twenty-eight dollars.
§ 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 11-c of chapter 222 of the laws
of 2015, is amended to read as follows:
a. Notwithstanding any other provision of law, whenever proceedings in
a court or an administrative tribunal of this state result in a
conviction for an offense under this chapter, except a conviction pursu-
ant to section eleven hundred ninety-two of this chapter, or for a traf-
fic infraction under this chapter, or a local law, ordinance, rule or
regulation adopted pursuant to this chapter, except a traffic infraction
involving standing, stopping, or parking or violations by pedestrians or
bicyclists, and except an adjudication of liability of an owner for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-a of this chap-
ter or in accordance with section eleven hundred eleven-d of this chap-
S. 231 38
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 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D 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, 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.
§ 10-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 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 10-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 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
S. 231 39
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 10-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 SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHT-
Y-D OF THIS CHAPTER, and except an adjudication of liability of an owner
for a violation of toll collection regulations pursuant to section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, there shall be
levied in addition to any sentence, penalty or other surcharge required
or permitted by law, an additional surcharge of twenty-eight dollars.
§ 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 8 of chapter
222 of the laws of 2015, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-a, section eleven hundred eleven-b or section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section, or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
S. 231 40
(c) or (d) of section eleven hundred eighty of this chapter, or (v) the
registrant was liable in accordance with section eleven hundred eighty-c
of this chapter for a violation of subdivision (c) or (d) of section
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(C) OR (D) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an administrative tribunal that he or she has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor vehicle registered in
the name of the applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
§ 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-a of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter or (v) the regis-
trant was liable in accordance with section eleven hundred eighty-b of
this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter; or (v) the registrant was
liable in accordance with section eleven hundred eighty-c of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
S. 231 41
eleven hundred eighty of this chapter; or (vi) the registrant was liable
in accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; OR (VII) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION
ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION
(B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAP-
TER, the commissioner or his or her agent shall deny the registration or
renewal application until the applicant provides proof from the court or
administrative tribunal wherein the charges are pending that an appear-
ance or answer has been made or in the case of an administrative tribu-
nal that he or she has complied with the rules and regulations of said
tribunal following entry of a final decision. Where an application is
denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-b of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section; or (iii)
the registrant was liable in accordance with section eleven hundred
eleven-d of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iv) the registrant was liable
in accordance with section eleven hundred eighty-b of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, or the registrant was liable in accord-
ance with section eleven hundred eighty-c of this chapter for a
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN ACCORD-
ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR A
VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER; or (v) the registrant was liable in
accordance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
S. 231 42
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.
§ 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-c of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that: (i) such motor vehicle was parked, stopped
or standing, or that such motor vehicle was operated for hire by the
registrant or his or her agent without being licensed as a motor vehicle
for hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority; or (ii) the registrant was liable in accord-
ance with section eleven hundred eleven-d of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter; or (iii) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, or the registrant was liable in accordance with section eleven
hundred eighty-c of this chapter for violations of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred eighty of this chapter, OR THE
REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN HUNDRED EIGHTY-D
OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G)
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER; or (iv) the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter, the commissioner or his or her agent shall deny
the registration or renewal application until the applicant provides
proof from the court or administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he has complied with the rules and regu-
lations of said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his or her discretion, deny a registration or renewal application to any
other person for the same vehicle and may deny a registration or renewal
S. 231 43
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.
§ 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-d of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his agent without being licensed as a motor vehicle for hire by
the appropriate local authority, in violation of any of the provisions
of this chapter or of any law, ordinance, rule or regulation made by a
local authority, or the registrant was liable in accordance with section
eleven hundred eighty-c of this chapter for violations of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEVEN
HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B), (C),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, or the
registrant was liable in accordance with section eleven hundred eleven-d
of this chapter for a violation of subdivision (d) of section eleven
hundred eleven of this chapter, or the registrant was liable in accord-
ance with section eleven hundred eleven-e of this chapter for a
violation of subdivision (d) of section eleven hundred eleven of this
chapter, the commissioner or his or her agent shall deny the registra-
tion or renewal application until the applicant provides proof from the
court or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he 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.
§ 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-e of chapter 222 of the laws of
2015, is amended to read as follows:
S. 231 44
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred eleven-d of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, or the registrant
was liable in accordance with section eleven hundred eleven-e of this
chapter for a violation of subdivision (d) of section eleven hundred
eleven of this chapter, the commissioner or his or her agent shall deny
the registration or renewal application until the applicant provides
proof from the court or administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he has complied with the rules and regu-
lations of said tribunal following entry of a final decision. Where an
application is denied pursuant to this section, the commissioner may, in
his 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.
§ 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 8-f of chapter 222 of the laws of
2015, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION ELEVEN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF
SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY
S. 231 45
OF THIS CHAPTER, or the registrant was liable in accordance with section
eleven hundred eleven-e of this chapter for a violation of subdivision
(d) of section eleven hundred eleven of this chapter, the commissioner
or his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he has
complied with the rules and regulations of said tribunal following entry
of a final decision. Where an application is denied pursuant to this
section, the commissioner may, in his or her discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
§ 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
EN HUNDRED EIGHTY-D OF THIS CHAPTER FOR VIOLATIONS OF SUBDIVISION (B),
(C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER,
the commissioner or his agent shall deny the registration or renewal
application until the applicant provides proof from the court or admin-
istrative tribunal wherein the charges are pending that an appearance or
answer has been made or in the case of an administrative tribunal that
he has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his discretion, deny a regis-
tration or renewal application to any other person for the same vehicle
and may deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where the commissioner
has determined that such registrant's intent has been to evade the
purposes of this subdivision and where the commissioner has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S. 231 46
§ 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 THE AUTHORITY OF SECTION ELEVEN HUNDRED EIGHTY-D
OF THE VEHICLE AND TRAFFIC LAW.
§ 13. The purchase or lease of equipment for a demonstration program
pursuant to section 1180-d of the vehicle and traffic law shall be
subject to the provisions of section 103 of the general municipal law.
§ 14. This act shall take effect on the thirtieth day after it shall
have become a law and shall expire 5 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further that any rules necessary for the implementation of
this act on its effective date shall be promulgated on or before such
effective date, provided that:
(a) the amendments to subdivision 1 of section 235 of the vehicle and
traffic law made by section one of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith, when upon
such date the provisions of section one-a of this act shall take effect;
(a-1) the amendments to section 235 of the vehicle and traffic law
made by section one-a of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-b of this act shall take effect;
(a-2) the amendments to section 235 of the vehicle and traffic law
made by section one-b of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-c of this act shall take effect;
(a-3) the amendments to section 235 of the vehicle and traffic law
made by section one-c of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-d of this act shall take effect;
(a-4) the amendments to section 235 of the vehicle and traffic law
made by section one-d of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-e of this act shall take effect;
(a-5) the amendments to section 235 of the vehicle and traffic law
made by section one-e of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-f of this act shall take effect;
(a-6) the amendments to section 235 of the vehicle and traffic law
made by section one-f of this act shall not affect the expiration of
such section and shall be deemed to expire therewith, when upon such
date the provisions of section one-g of this act shall take effect;
(b) the amendments to subdivision 1 of section 236 of the vehicle and
traffic law made by section two of this act shall not affect the expira-
tion of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section two-a of this act shall take
effect;
(b-1) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-a of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
when upon such date the provisions of section two-b of this act shall
take effect;
(b-2) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-b of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
S. 231 47
when upon such date the provisions of section two-c of this act shall
take effect;
(b-3) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-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 two-d of this act shall
take effect;
(b-4) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-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 two-e of this act shall
take effect;
(b-5) the amendments to subdivision 1 of section 236 of the vehicle
and traffic law made by section two-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 two-f of this act shall
take effect;
(c) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-a of this
act shall take effect;
(c-1) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-a of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-b of this
act shall take effect;
(c-2) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-b of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-c of this
act shall take effect;
(c-3) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-c of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-d of this
act shall take effect;
(c-4) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-d of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-e of this
act shall take effect;
(c-5) the amendments to paragraph f of subdivision 1 of section 239 of
the vehicle and traffic law made by section four-e of this act shall not
affect the expiration of such paragraph and shall be deemed to expire
therewith, when upon such date the provisions of section four-f of this
act shall take effect;
(d) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-a of this
act shall take effect;
(d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
S. 231 48
therewith, when upon such date the provisions of section five-b of this
act shall take effect;
(d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-c of this
act shall take effect;
(d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-c of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-d of this
act shall take effect;
(d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-d of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-e of this
act shall take effect;
(d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
vehicle and traffic law made by section five-e of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section five-f of this
act shall take effect;
(e) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six of this act shall
not affect the expiration of such paragraphs and shall be deemed to
expire therewith, when upon such date the provisions of section six-a of
this act shall take effect;
(e-1) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-a of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-b
of this act shall take effect;
(e-2) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-b of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-c
of this act shall take effect;
(e-3) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-c of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-d
of this act shall take effect;
(e-4) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-d of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-e
of this act shall take effect;
(e-5) the amendments to paragraphs a and g of subdivision 2 of section
240 of the vehicle and traffic law made by section six-e of this act
shall not affect the expiration of such paragraphs and shall be deemed
to expire therewith, when upon such date the provisions of section six-f
of this act shall take effect;
(f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
cle and traffic law made by section seven of this act shall not affect
the expiration of such subdivisions and shall be deemed to expire there-
S. 231 49
with, when upon such date the provisions of section seven-a of this act
shall take effect;
(f-1) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-a of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-b of this
act shall take effect;
(f-2) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-b of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-c of this
act shall take effect;
(f-3) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-c of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-d of this
act shall take effect;
(f-4) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-d of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-e of this
act shall take effect;
(f-5) the amendments to subdivisions 1 and 2 of section 241 of the
vehicle and traffic law made by section seven-e of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith, when upon such date the provisions of section seven-f of this
act shall take effect;
(g) the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section nine of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith, when
upon such date the provisions of section nine-a of this act shall take
effect;
(g-1) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-b of this act shall
take effect;
(g-2) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-c of this act shall
take effect;
(g-3) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-d of this act shall
take effect;
(g-4) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-e of this act shall
take effect;
(g-5) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-e of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith,
S. 231 50
when upon such date the provisions of section nine-f of this act shall
take effect;
(g-6) the amendments to subdivision 1 of section 1809 of the vehicle
and traffic law made by section nine-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 nine-g of this act shall
take effect;
(h) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten 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 ten-a of this
act shall take effect;
(h-1) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten-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 ten-b of
this act shall take effect;
(h-2) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten-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 ten-c of
this act shall take effect;
(h-3) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten-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 ten-d of
this act shall take effect;
(h-4) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten-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 ten-e of
this act shall take effect;
(h-5) the amendments to paragraph a of subdivision 1 of section 1809-e
of the vehicle and traffic law made by section ten-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 ten-f of
this act shall take effect;
(i) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section eleven
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 eleven-a of this act shall take effect;
(i-1) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-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 eleven-b
of this act shall take effect;
(i-2) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-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 eleven-c
of this act shall take effect;
(i-3) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-c of this act
shall not affect the expiration of such paragraph and shall be deemed to
S. 231 51
expire therewith, when upon such date the provisions of section eleven-d
of this act shall take effect;
(i-4) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-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 eleven-e
of this act shall take effect;
(i-5) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-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 eleven-f
of this act shall take effect; and
(i-6) the amendments to paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law made by section eleven-f of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section eleven-g
of this act shall take effect.
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