[ ] is old law to be omitted.
LBD16039-01-0
S. 8137 2
DICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS BY AN OPERATOR 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 AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR FAILURE
OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER IN ACCORDANCE WITH PROVISIONS OF LAW SPECIFICALLY
AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHI-
CLE THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS
PURSUANT TO ARTICLE TWENTY-NINE OF THIS CHAPTER, SUCH TRIBUNAL AND THE
RULES AND REGULATIONS PERTAINING THERETO SHALL BE CONSTITUTED IN
SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING SECTIONS.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, ANY CITY WITH A
POPULATION IN EXCESS OF ONE HUNDRED THOUSAND PERSONS ACCORDING TO THE
NINETEEN HUNDRED EIGHTY UNITED STATES CENSUS HEREINAFTER REFERRED TO AS
A CITY SHALL PROVIDE NOTICE OF PARKING VIOLATIONS AND OF THE IMPOSITION
OF ADDITIONAL PENALTIES WHENEVER THE PERSON WHO IS LIABLE THEREFOR FAILS
TO RESPOND TO THE PARKING TICKET IN THE MANNER DESIGNATED THEREON. SUCH
NOTICE SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING
PROVISIONS:
A. NOTICE. (1) WHENEVER A CITY ISSUES A NOTICE OF VIOLATION FOR A
PARKING VIOLATION, IT SHALL BE SERVED IN THE MANNER PRESCRIBED BY SUBDI-
VISION TWO OF SECTION TWO HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
(2) WHENEVER A PERSON HAS BEEN ISSUED A NOTICE OF VIOLATION FOR A
PARKING VIOLATION AND HAS NOT RESPONDED IN THE MANNER DESCRIBED IN THE
NOTICE, A CITY SHALL GIVE THE OWNER A SECOND NOTICE OF THE VIOLATION BY
REGULAR FIRST CLASS MAIL: (I) WITHIN FORTY DAYS OF ISSUANCE OF THE FIRST
NOTICE OF VIOLATION FOR A PARKING VIOLATION WHERE THE VEHICLE IS A VEHI-
CLE REGISTERED IN THIS STATE; OR (II) WITHIN FORTY DAYS OF THE RECEIPT
BY SUCH CITY OF THE NAME AND ADDRESS OF THE OWNER OF THE VEHICLE WHERE
THE VEHICLE IS A VEHICLE REGISTERED IN ANY OTHER STATE. SUCH SECOND
NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THAT THE OWNER HAS A PERIOD OF TWENTY DAYS FROM ISSUANCE OF THE
SECOND NOTICE IN WHICH TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION;
(B) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION MAY RESULT IN THE SUSPENSION AND NON-RENEWAL OF THE OWNER'S
REGISTRATION;
(C) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION MAY SUBJECT THE OWNER TO ADDITIONAL PENALTIES AS PROVIDED IN
PARAGRAPH B OF THIS SUBDIVISION;
(D) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION SHALL SUBJECT THE OWNER TO A DEFAULT JUDGMENT AS PROVIDED IN
PARAGRAPH C OF THIS SUBDIVISION AND THE ADDITIONAL PENALTIES IMPOSED
UPON PARKING VIOLATIONS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; AND
(E) THAT SUBMISSION OF A PLEA OF GUILTY TO THE PARKING VIOLATION MAKES
THE OWNER LIABLE FOR PAYMENT OF THE STATED FINE AND ADDITIONAL PENALTIES
IMPOSED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION AND THE MANDATORY
SURCHARGE OF FIFTEEN DOLLARS IMPOSED UPON PARKING VIOLATIONS PURSUANT TO
SECTION EIGHTEEN HUNDRED NINE-A OF THIS CHAPTER.
B. ADDITIONAL PENALTIES. (1) FOR THE PURPOSES OF THIS PARAGRAPH, EACH
LOCALITY SHALL DETERMINE AN INITIAL RESPONSE DATE OF NOT LESS THAN EIGHT
S. 8137 3
DAYS NOR MORE THAN THIRTY DAYS, AFTER WHICH TIME A PENALTY MAY BE
IMPOSED. THE LIABILITY FOR SUCH INITIAL PENALTY SHALL COMMENCE ON THE
DATE FOLLOWING THE INITIAL RESPONSE DATE.
(2) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION BY THE INITIAL RESPONSE DATE MAY RESULT IN THE LIABILITY FOR A
PENALTY IN AN AMOUNT OF THE FINE INDICATED ON THE NOTICE OF VIOLATION
FOR A PARKING VIOLATION; WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION, THE FOLLOWING SCHEDULE OF ADDITIONAL
PENALTIES MAY APPLY:
(A) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION BY THE INITIAL RESPONSE DATE MAY RESULT IN THE LIABILITY FOR
AN ADDITIONAL PENALTY NOT TO EXCEED TEN DOLLARS OR, IF THE FIRST PENALTY
ASSESSED BY A CITY DOES NOT EXCEED FIVE DOLLARS, SUCH CITY MAY ASSESS AN
ADDITIONAL PENALTY WITHIN THIRTY-ONE TO SEVENTY-FIVE DAYS NOT TO EXCEED
TEN DOLLARS; AND
(B) WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN THE LIABILITY,
COMMENCING ON THE SEVENTY-SIXTH DAY, FOR AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY DOLLARS.
(3) WHERE THE ADDITIONAL PENALTY SCHEDULE SET FORTH IN SUBPARAGRAPH
TWO OF THIS PARAGRAPH, AS INTERPRETED IN 9 NEW YORK CODE OF RULES AND
REGULATIONS PART 6180, HAS NOT BEEN IMPLEMENTED BY A CITY AND IS NOT IN
EFFECT IN SUCH CITY ON OR BEFORE JANUARY FIRST, NINETEEN HUNDRED NINE-
TY-THREE, THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY. FOR THE
PURPOSES OF THIS SUBDIVISION, THE PROVISIONS OF THIS PARAGRAPH SHALL NOT
BE CONSIDERED TO HAVE BEEN IMPLEMENTED AND IN EFFECT UNLESS THE PENALTY
SCHEDULE CONTAINED HEREIN SHALL HAVE BEEN APPLIED TO PARKING VIOLATIONS
ISSUED IN SUCH CITY ON OR BEFORE JANUARY FIRST, NINETEEN HUNDRED NINE-
TY-THREE.
B-1. ALTERNATE ADDITIONAL PENALTY SCHEDULE. IN ANY CITY IN WHICH THE
SCHEDULE OF PENALTIES CONTAINED IN SUBPARAGRAPH TWO OF PARAGRAPH B OF
THIS SUBDIVISION, AS INTERPRETED IN 9 NEW YORK CODE OF RULES AND REGU-
LATIONS PART 6180, HAS NOT BEEN IMPLEMENTED AND WAS NOT IN EFFECT ON OR
BEFORE JANUARY FIRST, NINETEEN HUNDRED NINETY-THREE, THE PROVISIONS OF
THIS PARAGRAPH SHALL ONLY APPLY UPON ENACTMENT OF A LOCAL LAW CONTAINING
THE PENALTY SCHEDULE PROVIDED IN THIS PARAGRAPH PRIOR TO JULY 28, 1991.
FOLLOWING THE ENACTMENT OF SUCH A LOCAL LAW, SUCH CITY MAY ELECT TO
IMPOSE THE ADDITIONAL PENALTIES SET FORTH IN SUBPARAGRAPHS ONE AND TWO
OF THIS PARAGRAPH FOR FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A
PARKING VIOLATION IN ACCORDANCE WITH THIS PARAGRAPH. IN THE EVENT THAT
NO SUCH LOCAL LAW WAS ENACTED PRIOR TO JULY 28, 1991, THE ALTERNATE
ADDITIONAL PENALTY SCHEDULE SET FORTH IN PARAGRAPH B-2 OF THIS SUBDIVI-
SION SHALL APPLY.
(1) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN THIRTY DAYS SHALL RESULT IN LIABILITY, COMMENCING ON
THE THIRTY-FIRST DAY, FOR AN ADDITIONAL PENALTY IN AN AMOUNT NOT TO
EXCEED TEN DOLLARS, INDICATED ON THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION: WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH
A OF THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A
PARKING VIOLATION WITHIN FORTY-FIVE DAYS MAY RESULT IN LIABILITY,
COMMENCING ON THE FORTY-SIXTH DAY, FOR THE PENALTY PRESCRIBED ABOVE FOR
FAILURE TO RESPOND WITHIN THIRTY DAYS AND AN ADDITIONAL PENALTY NOT TO
EXCEED TWENTY DOLLARS; AND WHERE A CITY HAS GIVEN A SECOND NOTICE PURSU-
ANT TO PARAGRAPH A OF THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF
VIOLATION FOR A PARKING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN
S. 8137 4
LIABILITY, COMMENCING ON THE SEVENTY-SIXTH DAY, FOR THE PENALTIES
PRESCRIBED ABOVE FOR FAILURE TO RESPOND WITHIN THIRTY DAYS AND FOR FAIL-
URE TO RESPOND WITHIN FORTY-FIVE DAYS AND AN ADDITIONAL PENALTY NOT TO
EXCEED THIRTY DOLLARS.
(2) NOTWITHSTANDING THE FOREGOING SCHEDULE OF ALTERNATIVE ADDITIONAL
PENALTIES, IF AN OWNER MAKES A PLEA OR APPEARS WITHIN TWENTY DAYS AFTER
ISSUANCE OF A SECOND NOTICE OF VIOLATION IN ACCORDANCE WITH PARAGRAPH A
OF THIS SUBDIVISION, OR PRIOR TO SUCH MAILING, SUCH ADDITIONAL PENALTY
SHALL NOT EXCEED TEN DOLLARS.
B-2. ALTERNATE ADDITIONAL PENALTY SCHEDULE. IN ANY CITY IN WHICH THE
SCHEDULE OF PENALTIES CONTAINED IN PARAGRAPH B OF THIS SUBDIVISION, AS
INTERPRETED IN 9 NEW YORK CODE OF RULES AND REGULATIONS PART 6180, HAS
NOT BEEN IMPLEMENTED AND WAS NOT IN EFFECT ON OR BEFORE JANUARY FIRST,
NINETEEN HUNDRED NINETY-THREE AND WHICH HAS NOT ENACTED A LOCAL LAW
PURSUANT TO PARAGRAPH B-1 OF THIS SUBDIVISION PRIOR TO JULY 28, 1991,
THE FOLLOWING ALTERNATE ADDITIONAL PENALTY SCHEDULE SHALL APPLY:
(1) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN EIGHT DAYS MAY RESULT IN THE LIABILITY, COMMENCING ON
THE NINTH DAY, FOR AN ADDITIONAL PENALTY IN AN AMOUNT NOT TO EXCEED FIVE
DOLLARS;
(2) FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARKING
VIOLATION WITHIN THIRTY DAYS MAY RESULT IN THE LIABILITY, COMMENCING ON
THE THIRTY-FIRST DAY, FOR THE PENALTY PRESCRIBED ABOVE FOR FAILURE TO
RESPOND WITHIN EIGHT DAYS AND AN ADDITIONAL PENALTY NOT TO EXCEED TEN
DOLLARS OR, IF THE FIRST PENALTY ASSESSED BY THE CITY DOES NOT EXCEED
FIVE DOLLARS, SUCH CITY MAY ASSESS AN ADDITIONAL PENALTY WITHIN THIRTY-
ONE TO SEVENTY-FIVE DAYS NOT TO EXCEED TEN DOLLARS;
(3) WHERE A CITY HAS GIVEN A SECOND NOTICE PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION FAILURE TO RESPOND TO A NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION WITHIN SEVENTY-FIVE DAYS MAY RESULT IN THE LIABILITY,
COMMENCING ON THE SEVENTY-SIXTH DAY, FOR THE PENALTIES PRESCRIBED ABOVE
FOR FAILURE TO RESPOND WITHIN EIGHT DAYS AND FOR FAILURE TO RESPOND
WITHIN THIRTY DAYS AND AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY
DOLLARS; AND
(4) NOTWITHSTANDING THE FOREGOING SCHEDULE OF ALTERNATE PENALTIES, IF
AN OWNER MAKES A PLEA OR APPEARS WITHIN TWENTY DAYS AFTER ISSUANCE OF A
SECOND NOTICE OF VIOLATION IN ACCORDANCE WITH PARAGRAPH A OF THIS SUBDI-
VISION, OR PRIOR TO SUCH MAILING, SUCH ADDITIONAL PENALTY SHALL NOT
EXCEED FIVE DOLLARS.
C. DEFAULT JUDGMENT. WHERE A CITY HAS GIVEN NOTICE PURSUANT TO PARA-
GRAPH A OF THIS SUBDIVISION, FAILURE TO RESPOND TO A NOTICE OF VIOLATION
FOR A PARKING VIOLATION WITHIN NINETY DAYS SHALL BE DEEMED AN ADMISSION
OF LIABILITY AND SHALL SUBJECT THE OWNER TO A DEFAULT JUDGMENT BEING
ENTERED THEREON IN AN AMOUNT NOT GREATER THAN THE AMOUNT OF THE ORIGINAL
FINE AND ACCRUED PENALTIES PLUS ANY APPLICABLE SURCHARGES. SUCH DEFAULT
SHALL BE REPORTED TO THE DEPARTMENT WHICH DEPARTMENT SHALL CAUSE A
SUSPENSION AND NON-RENEWAL OF THE OWNER'S REGISTRATION PURSUANT TO THE
PROVISIONS OF SUBDIVISION FOUR-C OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER.
3. NOTHING SET FORTH IN THIS SECTION SHALL BE CONSTRUED TO GRANT ANY
MUNICIPALITY THE AUTHORITY TO ESTABLISH BY LOCAL LAW, ORDINANCE, RESOL-
UTION OR ANY OTHER MEANS, AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETER-
MINE COMPLAINTS OF TRAFFIC INFRACTIONS OR JURISDICTION TO ADJUDICATE ANY
LIABILITY SET FORTH IN SUBDIVISION ONE OF THIS SECTION.
§ 2. Subdivision 1 of section 236 of the vehicle and traffic law is
REPEALED and a new subdivision 1 is added to read as follows:
S. 8137 5
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, TO ADJUDICATE THE LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS CHAPTER IN ACCORDANCE WITH A LOCAL LAW OR ORDINANCE IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE INSTALLA-
TION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES PURSU-
ANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR AUTHORIZED TO ADJUDICATE
THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY
OF THIS CHAPTER IN ACCORDANCE WITH LOCAL LAWS IMPOSING LIABILITY ON
OWNERS FOR FAILURE OF AN OPERATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM
SPEED LIMITS THROUGH THE INSTALLATION OF PHOTO SPEED VIOLATION MONITOR-
ING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER, OR AUTHORIZED TO
ADJUDICATE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS LANE RESTRICTIONS
IN ACCORDANCE WITH LOCAL LAWS IMPOSING LIABILITY ON OWNERS FOR FAILURE
OF OPERATORS TO COMPLY WITH SUCH RESTRICTIONS THROUGH THE USE OF PHOTO
DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR AUTHORIZED
TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION
REGULATIONS BY AN OPERATOR 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 AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR FAILURE
OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER IN ACCORDANCE WITH PROVISIONS OF LAW SPECIFICALLY
AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHI-
CLE THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS
PURSUANT TO ARTICLE TWENTY-NINE 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.
§ 3. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law is REPEALED and a new paragraph f is added 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 UNDER THIS CHAPTER TO IMPOSE MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF
THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE
USE OF PHOTO SPEED VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE
THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS THROUGH
THE USE OF PHOTO DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAP-
TER; OR TO COMPLY WITH TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOUSAND NINE HUNDRED
S. 8137 6
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 STOP FOR A SCHOOL BUS DISPLAYING A
RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND
EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF
SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE OF
THIS CHAPTER.
§ 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
law are REPEALED and two new subdivisions 1 and 1-a are added 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE
IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS
THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY
WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SECTION ELEVEN
HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE USE OF PHOTO SPEED VIOLATION
MONITORING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER; OR TO
COMPLY WITH BUS LANE RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES
PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH 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 STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONI-
TORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE OF THIS CHAPTER, CONTESTS
SUCH ALLEGATION, THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH
FORM OF FIRST CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH
HE OR SHE MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND
CONTENT OF SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR,
AND SHALL CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTEST-
ING THAT FAILURE TO APPEAR ON THE DATE DESIGNATED, OR ON ANY SUBSEQUENT
ADJOURNED DATE, SHALL BE DEEMED AN ADMISSION OF LIABILITY, AND THAT A
DEFAULT JUDGMENT MAY BE ENTERED THEREON.
1-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 PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPO-
SITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE
USE OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES PURSU-
ANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN
POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER THROUGH THE USE OF PHOTO SPEED VIOLATION MONITOR-
ING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY
WITH BUS LANE RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES PURSUANT TO
ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH 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 STOP
S. 8137 7
FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND STOP-ARM WHEN MEET-
ING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY
AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER
THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT
TO ARTICLE TWENTY-NINE 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. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law are REPEALED and two new paragraphs a and g are added to
read as follows:
A. EVERY HEARING FOR THE ADJUDICATION OF A CHARGE OF PARKING VIOLATION
OR AN ALLEGATION OF LIABILITY FOR VIOLATIONS OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH A LOCAL
LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE INSTALLATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER,
OR AN ALLEGATION OF LIABILITY FOR VIOLATIONS OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER IN ACCORDANCE WITH LOCAL LAWS IMPOSING LIABILITY
ON OWNERS FOR FAILURE OF AN OPERATOR TO COMPLY WITH CERTAIN POSTED MAXI-
MUM SPEED LIMITS THROUGH THE INSTALLATION OF PHOTO SPEED VIOLATION MONI-
TORING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER, OR AN ALLEGA-
TION OF LIABILITY FOR VIOLATIONS OF BUS LANE RESTRICTIONS IN ACCORDANCE
WITH LOCAL LAWS IMPOSING LIABILITY ON OWNERS FOR FAILURE OF OPERATORS TO
COMPLY WITH SUCH RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES PURSUANT
TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY
FOR VIOLATIONS OF TOLL COLLECTION REGULATIONS BY AN OPERATOR 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 AN ALLEGATION OF LIABILITY OF
OWNERS FOR FAILURE OF AN OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A
RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND
EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IN ACCORDANCE WITH PROVISIONS
OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON
THE OWNER OF A VEHICLE THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO
MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE 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 ANY PROVISIONS OF LAW
SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF
THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE
USE OF PHOTO SPEED VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE
THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS SPECIF-
ICALLY SET FORTH IN LOCAL LAWS ESTABLISHING SUCH RESTRICTIONS THROUGH
THE USE OF PHOTO DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAP-
TER; TO COMPLY WITH 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,
S. 8137 8
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY; OR TO STOP FOR A SCHOOL BUS DISPLAYING A
RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND
EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF
SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE OF
THIS CHAPTER, IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE
MAKING OF THE RECORD.
§ 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law are REPEALED and two new subdivisions 1 and 2 are added 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZ-
ING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
TORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO
COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE USE OF PHOTO SPEED
VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER;
TO COMPLY WITH BUS LANE RESTRICTIONS AS SPECIFICALLY SET FORTH IN LOCAL
LAWS ESTABLISHING SUCH RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES
PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH 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 STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONI-
TORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE 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 IN ACCORDANCE
WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE USE OF
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES PURSUANT TO
ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXI-
MUM SPEED LIMITS IN VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
CHAPTER THROUGH THE USE OF PHOTO SPEED VIOLATION MONITORING SYSTEMS
SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS
LANE RESTRICTIONS AS SPECIFICALLY SET FORTH IN LOCAL LAWS ESTABLISHING
SUCH RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES PURSUANT TO ARTICLE
TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS
AS DEFINED IN AND IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO THOU-
SAND 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 STOP FOR A SCHOOL BUS
S. 8137 9
DISPLAYING A RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS
MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C
OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER THROUGH THE
INSTALLATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE
TWENTY-NINE 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 ADMIS-
SION 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 ANY PROVISIONS OF LAW SPECIFICALLY
AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHI-
CLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL
INDICATIONS THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-
MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO
COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE USE OF PHOTO SPEED
VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER;
TO COMPLY WITH BUS LANE RESTRICTIONS AS SPECIFICALLY SET FORTH IN LOCAL
LAWS ESTABLISHING SUCH RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES
PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH 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 STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONI-
TORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE 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 ANY PROVISIONS OF LAW SPECIFICALLY AUTHOR-
IZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE USE OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
TORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO
COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE USE OF PHOTO SPEED
VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER;
TO COMPLY WITH BUS LANE RESTRICTIONS AS SPECIFICALLY SET FORTH IN LOCAL
LAWS ESTABLISHING SUCH RESTRICTIONS THROUGH THE USE OF PHOTO DEVICES
PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH 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. 8137 10
FIFTY; OR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND
STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN
SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-
FIVE OF THIS CHAPTER THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONI-
TORING SYSTEMS AS APPROPRIATE PURSUANT TO ARTICLE TWENTY-NINE OF THIS
CHAPTER, 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 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 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. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law is REPEALED and a new paragraph a is added to read as
follows:
A. (I) IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL
THEREOF THERE IS A CERTIFICATION FROM A COURT, PARKING VIOLATIONS
BUREAU, TRAFFIC AND PARKING VIOLATIONS AGENCY OR ADMINISTRATIVE TRIBUNAL
OF APPROPRIATE JURISDICTION THAT THE REGISTRANT OR HIS OR HER REPRESEN-
TATIVE FAILED TO APPEAR ON THE RETURN DATE OR ANY SUBSEQUENT ADJOURNED
DATE OR FAILED TO COMPLY WITH THE RULES AND REGULATIONS OF AN ADMINIS-
TRATIVE TRIBUNAL FOLLOWING ENTRY OF A FINAL DECISION IN RESPONSE TO A
TOTAL OF THREE OR MORE SUMMONSES OR OTHER PROCESS IN THE AGGREGATE,
ISSUED WITHIN AN EIGHTEEN MONTH PERIOD, CHARGING EITHER THAT: (I) SUCH
MOTOR VEHICLE WAS PARKED, STOPPED OR STANDING, OR THAT SUCH MOTOR VEHI-
CLE WAS OPERATED FOR HIRE BY THE REGISTRANT OR HIS OR HER AGENT WITHOUT
BEING LICENSED AS A MOTOR VEHICLE FOR HIRE BY THE APPROPRIATE LOCAL
AUTHORITY, IN VIOLATION OR 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 FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH A LOCAL
LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE INSTALLATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER;
OR (III) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH A LOCAL LAW OR
ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR THE
FAILURE OF OPERATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS
IN VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH
THE INSTALLATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS PURSUANT TO
ARTICLE THIRTY OF THIS CHAPTER; OR (IV) THE REGISTRANT WAS LIABLE IN
ACCORDANCE WITH A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS
SPECIFICALLY SET FORTH IN LOCAL LAWS ESTABLISHING SUCH RESTRICTIONS,
THROUGH THE USE OF PHOTO DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS
CHAPTER; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH A LOCAL LAW
OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL
SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS
S. 8137 11
PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THIS CHAPTER IN ACCORDANCE WITH PROVISIONS OF
LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE
OWNER OF A VEHICLE THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONITOR-
ING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE 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 ADMIN-
ISTRATIVE TRIBUNAL, THE REGISTRANT FAILS TO COMPLY WITH THE RULES AND
REGULATIONS FOLLOWING ENTRY OF A FINAL DECISION.
(II) FOR PURPOSES OF THIS PARAGRAPH, THE TERM "MOTOR VEHICLE OPERATED
FOR HIRE" SHALL MEAN AND INCLUDE A TAXICAB, LIVERY, COACH, LIMOUSINE OR
TOW TRUCK.
§ 8. Subdivision 1 of section 1809 of the vehicle and traffic law is
REPEALED and a new subdivision 1 is added to read as follows:
1. WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF
THIS STATE RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER OR A
TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW, ORDINANCE, RULE
OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; OTHER THAN A TRAFFIC
INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS, OR OTHER THAN AN ADJUDICATION OF LIABILITY OF
OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
EN OF THIS CHAPTER IN ACCORDANCE WITH A LOCAL LAW OR ORDINANCE IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE INSTALLA-
TION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES PURSU-
ANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR AN ADJUDICATION OF
LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED EIGHTY OF
THIS CHAPTER IN ACCORDANCE WITH LOCAL LAWS IMPOSING LIABILITY ON OWNERS
FOR FAILURE OF AN OPERATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED
LIMITS THROUGH THE INSTALLATION OF PHOTO SPEED VIOLATION MONITORING
SYSTEMS PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER, OR AN ADJUDICATION
OF LIABILITY OF OWNERS FOR VIOLATIONS OF BUS LANE RESTRICTIONS IN
ACCORDANCE WITH LOCAL LAWS IMPOSING LIABILITY ON OWNERS FOR FAILURE OF
OPERATORS TO COMPLY WITH SUCH RESTRICTIONS THROUGH THE USE OF PHOTO
DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR AN ADJUDI-
CATION OF LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION REGU-
LATIONS BY AN OPERATOR 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 AN ADJUDICATION OF LIABILITY OF OWNERS FOR FAILURE OF OPERATOR
TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND STOP-ARM
S. 8137 12
WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVI-
SIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF
THIS CHAPTER IN ACCORDANCE WITH PROVISIONS OF LAW SPECIFICALLY AUTHORIZ-
ING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE
THROUGH THE INSTALLATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT
TO ARTICLE TWENTY-NINE OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME
VICTIM ASSISTANCE FEE AND A MANDATORY SURCHARGE, IN ADDITION TO ANY
SENTENCE REQUIRED OR PERMITTED BY LAW, IN ACCORDANCE WITH THE FOLLOWING
SCHEDULE:
(A) WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF
THIS STATE RESULT IN A CONVICTION FOR A TRAFFIC INFRACTION PURSUANT TO
ARTICLE NINE OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM
ASSISTANCE FEE IN THE AMOUNT OF FIVE DOLLARS AND A MANDATORY SURCHARGE,
IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW, IN THE AMOUNT
OF TWENTY-FIVE DOLLARS.
(B) WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF
THIS STATE RESULT IN A CONVICTION FOR A MISDEMEANOR OR FELONY PURSUANT
TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, THERE SHALL BE
LEVIED, IN ADDITION TO ANY SENTENCE REQUIRED OR PERMITTED BY LAW, A
CRIME VICTIM ASSISTANCE FEE IN THE AMOUNT OF TWENTY-FIVE DOLLARS AND A
MANDATORY SURCHARGE IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
(I) A PERSON CONVICTED OF A FELONY SHALL PAY A MANDATORY SURCHARGE OF
THREE HUNDRED DOLLARS;
(II) A PERSON CONVICTED OF A MISDEMEANOR SHALL PAY A MANDATORY
SURCHARGE OF ONE HUNDRED SEVENTY-FIVE DOLLARS.
(C) WHENEVER PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF
THIS STATE RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER
OTHER THAN A CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
CHAPTER, OR A TRAFFIC INFRACTION UNDER THIS CHAPTER, OR A LOCAL LAW,
ORDINANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER, OTHER
THAN A TRAFFIC INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR
VIOLATIONS BY PEDESTRIANS OR BICYCLISTS, OR OTHER THAN AN ADJUDICATION
OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH A LOCAL LAW OR
ORDINANCE IMPOSING LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN
OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE
INSTALLATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR OTHER THAN
AN ADJUDICATION OF LIABILITY OF AN OWNER IN ACCORDANCE WITH A LOCAL LAW
OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
THE FAILURE OF AN OPERATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED
LIMITS IN VIOLATION OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER
THROUGH THE INSTALLATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS
PURSUANT TO ARTICLE THIRTY OF THIS CHAPTER, OR OTHER THAN AN ADJUDI-
CATION OF LIABILITY OF AN OWNER IN ACCORDANCE WITH A LOCAL LAW OR ORDI-
NANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
VIOLATIONS OF BUS LANE RESTRICTIONS AS SPECIFICALLY SET FORTH IN LOCAL
LAWS ESTABLISHING SUCH RESTRICTIONS, THROUGH THE USE OF PHOTO DEVICES
PURSUANT TO ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR OTHER THAN AN ADJU-
DICATION OF THE LIABILITY OF OWNERS FOR FAILURE OF OPERATOR TO STOP FOR
A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A
SCHOOL BUS MARKED AND EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND
TWENTY-ONE-C OF SECTION THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER IN
ACCORDANCE WITH PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSI-
TION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE THROUGH THE INSTAL-
LATION OF SCHOOL BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWEN-
S. 8137 13
TY-NINE OF THIS CHAPTER; OR OTHER THAN AN INFRACTION PURSUANT TO ARTICLE
NINE OF THIS CHAPTER; OR OTHER THAN AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF TOLL COLLECTION REGULATIONS PURSUANT TO SECTION
TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, 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. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
traffic law is REPEALED and a new paragraph a is added 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: (I) A TRAFFIC
INFRACTION INVOLVING STANDING, STOPPING, OR PARKING OR VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; OR (II) 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 A LOCAL LAW OR ORDINANCE IMPOSING
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS THROUGH THE INSTALLATION OF
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES PURSUANT TO
ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR (III) AN ADJUDICATION OF LIABIL-
ITY OF AN OWNER IN ACCORDANCE WITH A LOCAL LAW OR ORDINANCE IMPOSING
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR THE FAILURE OF AN OPER-
ATOR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION
OF PHOTO SPEED VIOLATION MONITORING SYSTEMS PURSUANT TO ARTICLE THIRTY
OF THIS CHAPTER; OR (IV) AN ADJUDICATION OF LIABILITY OF AN OWNER IN
ACCORDANCE WITH A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON
THE OWNER OF A VEHICLE FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS
SPECIFICALLY SET FORTH IN LOCAL LAWS ESTABLISHING SUCH RESTRICTIONS,
THROUGH THE USE OF PHOTO DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THIS
CHAPTER; OR (V) 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 (VI) AN ADJUDICATION OF THE LIABILITY
OF OWNERS FOR FAILURE OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A
RED VISUAL SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND
EQUIPPED AS PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION
THREE HUNDRED SEVENTY-FIVE OF THIS CHAPTER, IN ACCORDANCE WITH
PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY
LIABILITY ON THE OWNER OF A VEHICLE THROUGH THE INSTALLATION OF SCHOOL
BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE 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. Section 371 of the general municipal law is REPEALED and a new
section 371 is added to read as follows:
§ 371. JURISDICTION AND PROCEDURE. 1. A TRAFFIC VIOLATIONS BUREAU SO
ESTABLISHED MAY BE AUTHORIZED TO DISPOSE OF VIOLATIONS OF TRAFFIC LAWS,
ORDINANCES, RULES AND REGULATIONS WHEN SUCH OFFENSES SHALL NOT CONSTI-
S. 8137 14
TUTE THE TRAFFIC INFRACTION KNOWN AS SPEEDING OR A MISDEMEANOR OR FELO-
NY, AND, IF AUTHORIZED BY LOCAL LAW OR ORDINANCE, OR TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH A LOCAL
LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE INSTALLATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THE VEHICLE
AND TRAFFIC LAW, OR AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR
FAILURE OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL
SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS
PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH
PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY
LIABILITY ON THE OWNER OF A VEHICLE THROUGH THE INSTALLATION OF SCHOOL
BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE OF THE
VEHICLE AND TRAFFIC LAW.
2. THE NASSAU COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTAB-
LISHED, MAY BE AUTHORIZED TO ASSIST THE NASSAU COUNTY DISTRICT COURT,
AND THE SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY, AS ESTAB-
LISHED, MAY BE AUTHORIZED TO ASSIST THE SUFFOLK COUNTY DISTRICT COURT,
IN THE DISPOSITION AND ADMINISTRATION OF INFRACTIONS OF TRAFFIC AND
PARKING LAWS, ORDINANCES, RULES AND REGULATIONS AND TO ADJUDICATE THE
LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH A LOCAL
LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS THROUGH THE INSTALLATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
TION-MONITORING DEVICES PURSUANT TO ARTICLE TWENTY-FOUR OF THE VEHICLE
AND TRAFFIC LAW, OR AUTHORIZED TO ADJUDICATE THE LIABILITY OF OWNERS FOR
FAILURE OF OPERATOR TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL
SIGNAL AND STOP-ARM WHEN MEETING A SCHOOL BUS MARKED AND EQUIPPED AS
PROVIDED IN SUBDIVISIONS TWENTY AND TWENTY-ONE-C OF SECTION THREE
HUNDRED SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH
PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF MONETARY
LIABILITY ON THE OWNER OF A VEHICLE THROUGH THE INSTALLATION OF SCHOOL
BUS PHOTO MONITORING SYSTEMS PURSUANT TO ARTICLE TWENTY-NINE OF THE
VEHICLE AND TRAFFIC LAW, EXCEPT THAT SUCH AGENCIES SHALL NOT HAVE JURIS-
DICTION OVER (A) THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION
DEFINED UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF
THE TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER ITEM (B) OF
SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE
HUNDRED FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION
DEFINED UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) ANY
MISDEMEANOR OR FELONY; OR (F) ANY OFFENSE THAT IS PART OF THE SAME CRIM-
INAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF SECTION
40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF SUBDIVISION ONE
OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A
VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B) OF SUBDIVISION
FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A VIOLATION OF
S. 8137 15
ITEM (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF
SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A VIOLATION OF
SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC LAW, A
VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THE
VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR FELONY.
2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER ITEM (B) OF SUBPARA-
GRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
VIOLATION OF ITEM (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
2-B. THE ROCHESTER TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDI-
VISION FIVE OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
AUTHORIZED TO ASSIST THE ROCHESTER CITY COURT IN THE DISPOSITION AND
ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER ITEM (B) OF SUBPARA-
GRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
S. 8137 16
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
VIOLATION OF ITEM (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
FELONY.
3. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
EITHER A TRAFFIC VIOLATIONS BUREAU, THE NASSAU COUNTY TRAFFIC AND PARK-
ING VIOLATIONS AGENCY, OR THE SUFFOLK COUNTY TRAFFIC AND PARKING
VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN A SPECIFIED TIME,
AT THE TRAFFIC VIOLATIONS BUREAU, IN NASSAU COUNTY AT THE TRAFFIC AND
PARKING VIOLATIONS AGENCY AND IN SUFFOLK COUNTY AT THE TRAFFIC AND PARK-
ING VIOLATIONS AGENCY, EITHER IN PERSON OR BY WRITTEN POWER OF ATTORNEY
IN SUCH FORM AS MAY BE PRESCRIBED IN THE ORDINANCE OR LOCAL LAW CREATING
THE BUREAU OR AGENCY, BY PAYING A PRESCRIBED FINE AND, IN WRITING, WAIV-
ING A HEARING IN COURT, PLEADING GUILTY TO THE CHARGE OR ADMITTING
LIABILITY AS AN OWNER FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW, AS THE CASE MAY
BE, AND AUTHORIZING THE PERSON IN CHARGE OF THE BUREAU OR AGENCY TO
ENTER SUCH A PLEA OR ADMISSION AND ACCEPT PAYMENT OF SAID FINE. ACCEPT-
ANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE BUREAU OR AGEN-
CY SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION OR OF THE
LIABILITY, AND THE VIOLATOR OR OWNER LIABLE FOR A VIOLATION OF SUBDIVI-
SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW
SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE BUREAU OR AGENCY MAY CAUSE A COMPLAINT TO BE
ENTERED AGAINST HIM OR HER FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS
OR HER ARREST AND APPEARANCE BEFORE THE COURT, SUCH SUMMONS TO BE PREDI-
CATED UPON THE PERSONAL SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED
WITH THE INFRACTION. ANY PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECED-
ING TWELVE MONTHS, GUILTY OF A NUMBER OF PARKING VIOLATIONS IN EXCESS OF
SUCH MAXIMUM NUMBER AS MAY BE DESIGNATED BY THE COURT, OR OF THREE OR
MORE VIOLATIONS OTHER THAN PARKING VIOLATIONS, SHALL NOT BE PERMITTED TO
APPEAR AND ANSWER TO A SUBSEQUENT VIOLATION AT THE TRAFFIC VIOLATIONS
BUREAU OR AGENCY, BUT MUST APPEAR IN COURT AT A TIME SPECIFIED BY THE
BUREAU OR AGENCY. SUCH BUREAU OR AGENCY SHALL NOT BE AUTHORIZED TO
DEPRIVE A PERSON OF HIS OR HER RIGHT TO COUNSEL OR TO PREVENT HIM OR HER
FROM EXERCISING HIS OR HER RIGHT TO APPEAR IN COURT TO ANSWER TO,
EXPLAIN, OR DEFEND ANY CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDI-
NANCE, RULE OR REGULATION.
3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
S. 8137 17
SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
HIM OR HER FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS OR HER ARREST
AND APPEARANCE BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE
PERSONAL SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE
INFRACTION. ANY PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE
MONTHS, GUILTY OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO
APPEAR AND ANSWER TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST
APPEAR IN COURT AT A TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT
BE AUTHORIZED TO DEPRIVE A PERSON OF HIS OR HER RIGHT TO COUNSEL OR TO
PREVENT HIM OR HER FROM EXERCISING HIS OR HER RIGHT TO APPEAR IN COURT
TO ANSWER TO, EXPLAIN, OR DEFEND ANY CHARGE OF A VIOLATION OF ANY TRAF-
FIC LAW, ORDINANCE, RULE OR REGULATION.
3-B. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
THE ROCHESTER TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER,
WITHIN A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN
PERSON OR BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED
IN THE ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A
PRESCRIBED FINE AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING
GUILTY TO THE CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSE-
CUTOR AND THE PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE
PERSON IN CHARGE OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT
OF SAID FINE. ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY
BY THE AGENCY SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION,
AND THE VIOLATOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON
CHARGED WITH A TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE
PRESCRIBED, WITHIN A DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT
TO BE ENTERED AGAINST HIM OR HER FORTHWITH AND A WARRANT TO BE ISSUED
FOR HIS OR HER ARREST AND APPEARANCE BEFORE THE COURT, SUCH SUMMONS TO
BE PREDICATED UPON THE PERSONAL SERVICE OF SAID SUMMONS UPON THE PERSON
CHARGED WITH THE INFRACTION. ANY PERSON WHO SHALL HAVE BEEN, WITHIN THE
PRECEDING TWELVE MONTHS, GUILTY OF THREE OR MORE VIOLATIONS, SHALL NOT
BE PERMITTED TO APPEAR AND ANSWER TO A SUBSEQUENT VIOLATION AT THE AGEN-
CY, BUT MUST APPEAR IN COURT AT A TIME SPECIFIED BY THE AGENCY. SUCH
AGENCY SHALL NOT BE AUTHORIZED TO DEPRIVE A PERSON OF HIS OR HER RIGHT
TO COUNSEL OR TO PREVENT HIM OR HER FROM EXERCISING HIS OR HER RIGHT TO
APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY CHARGE OF A
VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENALTIES
AND FORFEITURES COLLECTED BY THE NASSAU COUNTY OR SUFFOLK COUNTY TRAFFIC
AND PARKING VIOLATIONS AGENCY SHALL BE DISTRIBUTED AS PROVIDED IN
SECTION EIGHTEEN HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW. ALL
FINES, PENALTIES AND FORFEITURES FOR VIOLATIONS ADJUDICATED BY THE
NASSAU COUNTY OR SUFFOLK COUNTY TRAFFIC AND PARKING VIOLATIONS AGENCY
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, WITH THE EXCEPTION OF PARK-
ING VIOLATIONS, AND EXCEPT AS PROVIDED IN SUBDIVISION THREE OF SECTION
NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID BY SUCH AGENCIES
TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE MONTH FOLLOW-
ING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A TRUE AND
COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER SHALL
PRESCRIBE.
4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
S. 8137 18
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
SHALL PRESCRIBE.
4-B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
TIES AND FORFEITURES COLLECTED BY THE ROCHESTER TRAFFIC VIOLATIONS AGEN-
CY SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
VIOLATIONS ADJUDICATED BY THE ROCHESTER TRAFFIC VIOLATIONS AGENCY PURSU-
ANT TO SUBDIVISION TWO-B OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVI-
SION THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE
PAID BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS
OF THE MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPA-
NIED BY A TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMP-
TROLLER SHALL PRESCRIBE.
§ 11. The vehicle and traffic law is amended by adding a new section
1111-f to read as follows:
§ 1111-F. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE VILLAGE OF PELHAM MANOR IS HEREBY AUTHORIZED AND EMPOWERED
TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH
DEMONSTRATION PROGRAM SHALL EMPOWER SUCH VILLAGE TO INSTALL AND OPERATE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE
THAN ONE INTERSECTION WITHIN AND UNDER THE JURISDICTION OF SUCH VILLAGE
AT ANY ONE TIME.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
S. 8137 19
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE VILLAGE OF PELHAM MANOR IN WHICH THE CHARGED VIOLATION OCCURRED, OR
A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION;
PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN
ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH
VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
OF PELHAM MANOR OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE TO
PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER
TRAFFIC INFRACTIONS.
S. 8137 20
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE COURT HAVING JURISDICTION.
(J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE COURT
HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE
NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
AFTER RECEIVING NOTICE FROM THE COURT OF THE DATE AND TIME OF SUCH
VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL
NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIR-
TY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY
PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS 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 THE
VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS
ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY
PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(M) WHEN THE VILLAGE HAS ESTABLISHED A DEMONSTRATION PROGRAM PURSUANT
TO THIS SECTION, ALL FINES AND PENALTIES COLLECTED UNDER SUCH PROGRAM
SHALL BE DISTRIBUTED IN ACCORDANCE WITH SUBDIVISION TEN OF SECTION EIGH-
TEEN HUNDRED THREE OF THIS CHAPTER.
(N) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
VISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
RESULTS OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND TWEN-
TY-ONE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
STRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO:
S. 8137 21
1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE THREE YEARS PRECEDING THE INSTALLATION OF SUCH
SYSTEM, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT;
4. THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED AT EACH
INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY
BASIS;
5. THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY SUCH SYSTEM AT EACH INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM IS USED;
6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY;
7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITION MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
SUCH ADJUDICATIONS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH VILLAGE
FOR EACH YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM;
9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
PROVIDED AT LEAST ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND
BUREAUS CONDUCTING SUCH ADJUDICATIONS.
(O) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
§ 12. This act shall take effect immediately; provided, however that
section eleven of this act shall take effect on the thirtieth day after
it shall have become a law and shall expire on December 1, 2025, when
upon such date the provisions of section eleven of this act shall be
deemed repealed; provided, further, that any such local law as may be
enacted pursuant to section eleven of this act shall remain in full
force and effect only until December 1, 2025.