Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Dec 23, 2021 |
approval memo.151 |
Dec 22, 2021 |
signed chap.773 |
Dec 10, 2021 |
delivered to governor |
Jun 08, 2021 |
returned to senate passed assembly home rule request ordered to third reading rules cal.536 substituted for a2316a |
Jun 03, 2021 |
referred to codes delivered to assembly passed senate home rule request |
May 24, 2021 |
amended on third reading 2740b |
Apr 26, 2021 |
advanced to third reading |
Apr 21, 2021 |
2nd report cal. |
Apr 20, 2021 |
1st report cal.707 |
Apr 08, 2021 |
print number 2740a |
Apr 08, 2021 |
amend and recommit to transportation |
Jan 25, 2021 |
referred to transportation |
Senate Bill S2740B
Signed By Governor2021-2022 Legislative Session
Establishes a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; repealer
download bill text pdfSponsored By
(D) 27th Senate District
Archive: Last Bill Status - 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: Jun 3, 2021
aye (58)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Bill Amendments
2021-S2740 - Details
2021-S2740 - Summary
Relates to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
2021-S2740 - Sponsor Memo
BILL NUMBER: S2740 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such inter- state by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expiration thereof PURPOSE: To create a weigh-in-motion pilot program for the enforcement of vehicle weight restrictions on the portion of Interstate 278 located in Brook- lyn. SUMMARY OF PROVISIONS: Section one of the bill adds a new Section 385-a to the Vehicle and Traffic Law, which authorizes the City of New York to create a pilot
weigh-in-motion enforcement program for the Brooklyn Queens Expressway in Brooklyn. The program shall impose fines for failure to comply with existing weight restrictions. The New York State Department of Transpor- tation will enter into an MOU with the New York City Department of Transportation for the purposes of carrying out the program, including the installation of up to thirty weigh-in-motion systems along Inter- state 278 in Brooklyn. Section one also establishes the parameters of the pilot program, including privacy protections and restrictions on the retention of data and images of affected individuals and vehicles, the maintenance of the system, the fines imposed, the scope of infractions, the manner of notification of infractions, adjudication of liability, and an annual process to report the results of the program. Section two of the bill amends Section 237 of the Vehicle and Traffic Law to allow the adjudication of liability for any violation found pursuant to the program by the New York City Parking Violations Bureau. Section three of the bill amends Subdivision 2 of Section 87 of the Public Officers Law by adding any recorded materials collected pursuant to the program to a list of exceptions to the otherwise applicable public disclosure law. Section four of the bill outlines that the City Department of Transpor- tation shall create proper awareness among the public of the new program, shall issue a warning rather than a violation for the first 90 days of the program, and shall promulgate any and all rules and regu- lations required to implement the program. Section five of the bill sets forth the effective date and the date of expiration. JUSTIFICATION: The respective final reports of the New York City Mayor's Expert Panel and the New York City Council on the Brooklyn-Queens Expressway, released in early 2020, found that this vital piece of infrastructure is in dire condition. The Panel's report focused on the 1.5-mile stretch of the roadway from Sands Street to Atlantic Avenue-which includes the "triple cantilever" structure running along the edge of Brooklyn Heights with a northbound level, southbound level, and the Brooklyn Heights promenade-and found the structure to be deteriorating rapidly, with sections possibly unsafe for vehicular and truck traffic in five years if mitigations are not made expeditiously. One reason for the expressway's crumbling infrastructure is the presence of overweight truck traffic. There is currently minimal enforcement of truck weight restriction, in part because the conventional enforcement method of taking a truck off the road and weighing it on a stationary scale is highly impractical on a highway as congested and narrow as the BQE. This legislation would allow for the City of New York, in conjunc- tion with the State, to institute a weigh-in-motion system on the 1-278 in Brooklyn that would increase enforcement of weight restrictions. Weigh-in-motion systems record the axle.weights and gross weights of vehicles that drive over the site of the system, without the need for the vehicles to stop. This bill would create an enforcement program that would automatically issue violations for trucks that are recorded as having weights substantially above the existing legal limits. By significantly reducing overweight truck traffic on the BQE, this legislation will serve as an important step to protect this critical component of the network of roadways that enable passenger and freight vehicles to flow throughout the New York area. The enforcement program, coupled with an emergency repair initiative the City Department of Transportation will undertake, will extend the life of the existing structure until long-term approaches to the 1-278 corridor can be imple- mented. LEGISLATIVE. HISTORY: 2020:S8128A (Kavanagh) - TRANSPORTATION FISCAL IMPLICATIONS: None to the state. EFFECTIVE DATE: (a) This act shall take effect immediately and shall expire and be deemed repealed three years after the first notice of liability issued for violations recorded by weigh in motion systems. (b) Notwithstanding the expiration and repeal of this act, any notices of liability issued pursuant to section three hundred eighty-five-a of the vehicle and traffic law, as added by section one of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date.
2021-S2740 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2740 2021-2022 Regular Sessions I N S E N A T E January 25, 2021 ___________ Introduced by Sen. KAVANAGH -- 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 a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 385-a to read as follows: § 385-A. OWNER LIABILITY FOR VIOLATION OF CERTAIN WEIGHT RESTRICTIONS ON INTERSTATE ROUTE 278 IN KINGS COUNTY. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. (B) "VEHICLE WEIGHT RESTRICTIONS" SHALL MEAN AXLE WEIGHT AND GROSS VEHICLE WEIGHT RESTRICTIONS ESTABLISHED BY SECTION THREE HUNDRED EIGHT- Y-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK, OF A VEHICLE OTHER THAN ONE OPERATING IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT. (C) "WEIGH IN MOTION SYSTEM" SHALL MEAN SENSORS INSTALLED TO WORK IN CONJUNCTION WITH OTHER DEVICES DESIGNED TO CAPTURE AND RECORD THE AXLE WEIGHT AND GROSS VEHICLE WEIGHT OF A VEHICLE, WHICH SENSORS ARE CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER, AND CAN PRODUCE ONE OR MORE IMAGES OF EACH SUCH VEHICLE AT THE TIME IT IS IN VIOLATION OF VEHICLE WEIGHT RESTRICTIONS. (D) "WEIGH IN MOTION SYSTEM PROGRAM" SHALL MEAN A DEMONSTRATION PROGRAM ESTABLISHED BY THIS SECTION THAT OPERATES EXCLUSIVELY ON INTER- STATE ROUTE 278 IN KINGS COUNTY WITHIN THE CITY OF NEW YORK. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD01147-02-1 S. 2740 2 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION WEIGH IN MOTION SYSTEM PROGRAM ON INTERSTATE ROUTE 278 IN KINGS COUNTY FOR THE ENFORCEMENT OF VEHICLE WEIGHT RESTRICTIONS. SUCH PROGRAM SHALL IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF SUCH VEHICLE TO COMPLY WITH VEHICLE WEIGHT RESTRICTIONS ESTABLISHED BY SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY WHEN OPERATED ON SUCH INTER- STATE. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL INSTALL AND OPERATE UP TO THIRTY WEIGH IN MOTION SYSTEMS ON INTERSTATE ROUTE 278 IN SUCH COUNTY. SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT. (B) THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION SHALL ENTER INTO A MEMORANDUM OF UNDERSTANDING TOGETHER WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF COORDINATING THE PLANNING, DESIGN, INSTALLATION, CONSTRUCTION AND MAINTENANCE OF THE WEIGH IN MOTION SYSTEM PROGRAM. SUCH MEMORANDUM SHALL ADDRESS THE USE OF SYSTEMS, DEVICES AND OTHER FACILITIES OWNED AND OPERATED BY THE STATE FOR THE PURPOSES OF SUCH PROGRAM. SUCH MEMORANDUM OF UNDERSTANDING SHALL BE ENTERED INTO NO LATER THAN SIXTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION. (C) ANY IMAGE PRODUCED BY THE WEIGH IN MOTION SYSTEM SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED. (D) THE CITY OF NEW YORK UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT ANY LICENSE PLATE INFORMATION OR OTHER INFORMATION OR IMAGES CAPTURED BY WEIGH IN MOTION 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 ANY INFORMA- TION OR IMAGES CAPTURED BY SUCH WEIGH IN MOTION SYSTEMS ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHI- CLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE. (E) THE CITY OF NEW YORK SHALL FURTHER ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, AND THE CONTENTS OF THE VEHICLE WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A WEIGH IN MOTION SYSTEM, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE PRODUCED BY A WEIGH IN MOTION SYSTEM ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF A VEHICLE. SUCH PROTECTIVE MEASURES SHALL INCLUDE: (I) PROVIDING THAT ANY LICENSE PLATE INFORMATION OR OTHER INFORMATION OR IMAGE CAPTURED BY A WEIGH IN MOTION SYSTEM SHALL BE FOR THE EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABIL- ITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH INFORMA- TION OR 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, ANY LICENSE PLATE INFORMATION OR OTHER INFORMATION OR IMAGE CAPTURED BY A WEIGH IN MOTION SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OF DISCOVERY, NOR USED BY ANY COURT OR ADMIN- ISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE OF S. 2740 3 LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION, EXCEPT: (A) THAT SUCH LICENSE PLATE INFORMATION OR OTHER INFORMATION OR IMAGE 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; (B) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (C) AS REQUIRED BY COURT ORDER; (D) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; (E) AS REQUIRED BY THE NEW YORK CITY DEPARTMENT OF TRANS- PORTATION TO STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON INTERSTATE ROUTE 278 IN KINGS COUNTY AND MANAGEMENT OF INFRASTRUCTURE; OR (F) AS OTHER- WISE REQUIRED BY LAW. (II) THE INSTALLATION OF SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIG- NATED AREAS STATING THAT WEIGH IN MOTION SYSTEMS ARE USED TO ENFORCE VEHICLE WEIGHT RESTRICTIONS; AND (III) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMEN- TIONED PRIVACY PROTECTION MEASURES. (F) (I) THE WEIGH IN MOTION SYSTEM SHALL UNDERGO A CALIBRATION CHECK EVERY SIX MONTHS IN ACCORDANCE WITH THE SPECIFICATIONS OF ASTM E1318-09 (2017). IF SUCH STANDARD IS REVISED, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION MAY ADOPT A RULE TO PROVIDE FOR THE USE OF THE MOST CURRENT VERSION OF SUCH SPECIFICATIONS. SUCH CALIBRATION CHECK SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL ISSUE A CERTIFICATE OF CALIBRATION ON THE LETTERHEAD OF THE INDEPENDENT CALI- BRATION LABORATORY THAT PERFORMED SUCH CALIBRATION CHECK. THE CITY SHALL KEEP EACH SUCH CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOL- UTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING SUCH SIX-MONTH TIME PERIOD WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA PRODUCED BY SUCH WEIGH IN MOTION SYSTEM. (II) THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A RANGE, ACCORDING TO THE MANUFACTURER'S STANDARDS AND ITS MONITORING OF THE SYSTEM, FOR EVALUATING DATA COLLECTED FROM SENSOR READINGS OF THE SYSTEM. THE SYSTEM SHALL BE SET TO AUTOMATICALLY ALERT THE DEPARTMENT OF SIGNIFICANT VARIATIONS FROM THE ESTABLISHED RANGE DURING A TWENTY-FOUR- HOUR PERIOD. THE SYSTEM SHALL BE INSPECTED AFTER EACH ALERT AND ANY NECESSARY ADJUSTMENTS SHALL BE MADE. A LOG SHALL BE KEPT OF THE DETAILS OF ALL ALERTS, INCLUDING THE DATE AND TIME AND ADJUSTMENTS MADE OR ACTIONS TAKEN AS A RESULT OF THE SUBSEQUENT INSPECTION. (G) THE WEIGH IN MOTION SYSTEMS USED IN ACCORDANCE WITH THE WEIGH IN MOTION SYSTEM PROGRAM SHALL ONLY BE OPERATED ON INTERSTATE ROUTE 278 WITHIN KINGS COUNTY. 3. IF THE CITY OF NEW YORK HAS ESTABLISHED A WEIGH IN MOTION SYSTEM PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY VEHICLE WEIGHT RESTRICTIONS THAT APPLY TO SUCH VEHICLE, WHERE SUCH VEHICLE WAS TRAVELING TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT AT THE TIME OF SUCH VIOLATION, AND SUCH VIOLATION IS EVIDENCED BY INFOR- MATION OBTAINED FROM A WEIGH IN MOTION 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 ANY VEHICLE WEIGHT RESTRICTIONS. WHERE A S. 2740 4 VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE WEIGHT RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS THE OWNER SHALL BE LIABLE FOR A SEPARATE PENAL- TY FOR EACH VIOLATION. 4. A CERTIFICATION MADE UNDER THE PENALTY OF PERJURY BY A TECHNICIAN EMPLOYED OR CONTRACTED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA PRODUCED BY A WEIGH IN MOTION SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. SUBJECT TO PARAGRAPH (C) OF SUBDIVISION SEVEN OF THIS SECTION, ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 5. AN OWNER LIABLE FOR A VIOLATION IN ACCORDANCE WITH THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH SEPARATE SCHE- DULES OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK FOR VIOLATION OF GROSS VEHICLE WEIGHT RESTRICTIONS AND FOR VIOLATION OF AXLE WEIGHT RESTRICTIONS; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. 7. (A) 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 THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTO- MATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER, THE UNITED STATES DEPARTMENT OF TRANSPORTATION REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LICENSE PLATE NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE WEIGH IN MOTION SYSTEM WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. (C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. (E) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. SUCH PARKING VIOLATIONS BUREAU SHALL HAVE JURISDICTION OVER THE PROGRAM ESTABLISHED BY THIS SECTION. ADJUDICATION OF NOTICES OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE SAME PROVISIONS OF ARTICLE TWO-B S. 2740 5 OF THIS CHAPTER RELATING TO ADJUDICATION OF PARKING VIOLATIONS AND TO RULES PROMULGATED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU RELAT- ING TO THE ADJUDICATION OF SUCH NOTICES OF LIABILITY, EXCEPT THAT THE TERM "NOTICE OF VIOLATION" AS DEFINED IN PARAGRAPH F OF SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER SHALL NOT INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION. 8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF THE WEIGH IN MOTION SYSTEM PROGRAM THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. 9. IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION IT SHALL CONDUCT A STUDY AND POST ON THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION WEBSITE AN ANNUAL REPORT ON THE RESULTS OF THE USE OF WEIGH IN MOTION SYSTEMS ON OR ABOUT JUNE FIRST TWO THOUSAND TWENTY-THREE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE: (A) THE LOCATIONS WHERE AND DATES WHEN WEIGH IN MOTION SYSTEMS WERE USED; (B) THE TOTAL NUMBER OF TRUCKS WEIGHED AND THE NUMBER OF VIOLATIONS RECORDED IN ACCORDANCE WITH THE WEIGH IN MOTION SYSTEM PROGRAM, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; (C) THE NUMBER OF VIOLATIONS RECORDED WITHIN THE WEIGH IN MOTION SYSTEM PROGRAM THAT WERE EITHER TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT; (D) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (E) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (F) THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU- DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (G) THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; (H) THE EXPENSES INCURRED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; (I) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND (J) THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 IN KINGS COUNTY AND THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 SPECIFICALLY FROM THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS COUNTY. § 2. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 17 to read as follows: 17. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND APPLICABLE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, AND TO HAVE JURIS- DICTION OVER THE PROGRAM ESTABLISHED PURSUANT TO SUCH SECTION. S. 2740 6 § 3. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (r) to read as follows: (R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA PREPARED UNDER AUTHORITY OF SECTION THREE HUNDRED EIGHT- Y-FIVE-A OF THE VEHICLE AND TRAFFIC LAW. § 4. The New York city department of transportation shall: (i) prior to implementing a weigh in motion system program as authorized by section 385-a of the vehicle and traffic law, as added by section one of this act, communicate to the public the plan for vehicle weight restrictions so as to maximize awareness of such program; (ii) for 90 days after the effective date of section 385-a of the vehicle and traf- fic law, as added by section one of this act, in lieu of issuing notices of liability pursuant to such section 385-a, send by first class mail, to persons found in violation of such section, notice of this law and that the vehicle owned by the person receiving such notice has been found to be in violation of such section, together with a warning that further violations may result in the issuance of a notice of liability pursuant to such section 385-a; and (iii) take such measures as are necessary to implement such program prior to its implementation, includ- ing promulgating any rules and regulations necessary for the implementa- tion of this act. § 5. (a) This act shall take effect immediately and shall expire and be deemed repealed three years after the first notice of liability issued for violations recorded by weigh in motion systems; provided that the New York city department of transportation shall notify the legisla- tive bill drafting commission upon the issuance of the first notice of liability for violations recorded by a weigh in motion system in accord- ance with section 385-a of the vehicle and traffic law, as added by section one of this act, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public offi- cers law. (b) Notwithstanding the expiration and repeal of this act, any notices of liability issued pursuant to section three hundred eighty-five-a of the vehicle and traffic law, as added by section one of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date.
2021-S2740A - Details
2021-S2740A - Summary
Relates to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
2021-S2740A - Sponsor Memo
BILL NUMBER: S2740A SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such inter- state by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expiration thereof PURPOSE: To create a weigh-in-motion pilot program for the enforcement of vehicle weight restrictions on the portion of Interstate 278 located in Brook- lyn. SUMMARY OF PROVISIONS: Section one of the bill adds a new Section 385-a to the Vehicle and Traffic Law, which authorizes the City of New York to create a pilot
weigh-in-motion enforcement program for the Brooklyn Queens Expressway in Brooklyn. The program shall impose fines for failure to comply with existing weight restrictions. The New York State Department of Transpor- tation would enter into an MOU with the New York City Department of Transportation for the purposes of carrying out the program, including the installation of up to thirty weigh-in-motion systems along Inter- state 278 in Brooklyn. Section one also establishes the parameters of the pilot program, including privacy protections and restrictions on the retention of data and images of affected individuals and vehicles, the maintenance of the system, the fines imposed, the scope of infractions, the manner of notification of infractions, adjudication of liability, and an annual process to report the results of the program. Section two of the bill amends Section 237 of the Vehicle and Traffic Law to allow the adjudication of liability for any violation found pursuant to the program by the New York City Parking Violations Bureau. Section three of the bill amends Subdivision 2 of Section 87 of the Public Officers Law by adding any recorded materials collected pursuant to the program to a list of exceptions to the otherwise applicable public disclosure law. Section four of the bill outlines that the City Department of Transpor- tation shall create proper awareness among the public of the new program, shall issue a warning rather than a violation for the first 90 days of the program, and shall promulgate any and all rules and regu- lations required to implement the program. Section five of the bill sets forth the effective date and the date of expiration. JUSTIFICATION: The respective final reports of the New York City Mayor's Expert Panel and the New York City Council on the Brooklyn-Queens Expressway, released in early 2020, found that this vital piece of infrastructure is in dire condition. The Panel's report focused on the 1.5-mile stretch of the roadway from Sands Street to Atlantic Avenue-which includes the "triple cantilever" structure running along the edge of Brooklyn Heights with a northbound level, southbound level, and the Brooklyn Heights promenade-and found the structure to be deteriorating rapidly, with sections possibly unsafe for vehicular and truck traffic in five years if mitigations are not made expeditiously. One reason for the expressway's crumbling infrastructure is the presence of overweight truck traffic. There is currently minimal enforcement of truck weight restriction, in part because the conventional enforcement method of taking a truck off the road and weighing it on a stationary scale is highly impractical on a highway as congested and narrow as the BQE. This legislation would allow for the City of New York, in conjunc- tion with the State, to institute a weigh-in-motion system on the 1-278 in Brooklyn that would increase enforcement of weight restrictions. Weigh-in-motion systems record the axle weights and gross weights of vehicles that drive over the site of the system, without the need for the vehicles to stop. This bill would create an enforcement program that would automatically issue violations for trucks that are recorded as having weights substantially above the existing legal limits. By significantly reducing overweight truck traffic on the BQE, this legislation will serve as an important step to protect this critical component of the network of roadways that enable passenger and freight vehicles to flow throughout the New York area. The enforcement program, coupled with an emergency repair initiative the City Department of Transportation will undertake, will extend the life of the existing structure until long-term approaches to the 1-278 corridor can be imple- mented. LEGISLATIVE. HISTORY: 2020: S8128A (Kavanagh) / A10223 (Simon) - TRANSPORTATION FISCAL IMPLICATIONS: None to the state. EFFECTIVE DATE: (a) This act shall take effect immediately and shall expire and be deemed repealed three years after the first notice of liability issued for violations recorded by weigh in motion systems. (b) Notwithstanding the expiration and repeal of this act, any notices of liability issued pursuant to section three hundred eighty-five-a of the vehicle and traffic law, as added by section one of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date.
2021-S2740A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2740--A 2021-2022 Regular Sessions I N S E N A T E January 25, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The vehicle and traffic law is amended by adding a new section 385-a to read as follows: § 385-A. OWNER LIABILITY FOR VIOLATION OF CERTAIN WEIGHT RESTRICTIONS ON INTERSTATE ROUTE 278 IN KINGS COUNTY. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. (B) "VEHICLE WEIGHT RESTRICTIONS" SHALL MEAN AXLE WEIGHT AND GROSS VEHICLE WEIGHT RESTRICTIONS ESTABLISHED BY SECTION THREE HUNDRED EIGHT- Y-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK, OF A VEHICLE OTHER THAN ONE OPERATING IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT. (C) "WEIGH IN MOTION SYSTEM" SHALL MEAN SENSORS INSTALLED TO WORK IN CONJUNCTION WITH OTHER DEVICES DESIGNED TO CAPTURE AND RECORD THE AXLE WEIGHT AND GROSS VEHICLE WEIGHT OF A VEHICLE, WHICH SENSORS ARE CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER, AND CAN PRODUCE ONE OR MORE IMAGES OF EACH SUCH VEHICLE AT THE TIME IT IS IN VIOLATION OF VEHICLE WEIGHT RESTRICTIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01147-03-1
S. 2740--A 2 (D) "WEIGH IN MOTION SYSTEM PROGRAM" SHALL MEAN A DEMONSTRATION PROGRAM ESTABLISHED BY THIS SECTION THAT OPERATES EXCLUSIVELY ON INTER- STATE ROUTE 278 IN KINGS COUNTY WITHIN THE CITY OF NEW YORK. 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED AND EMPOWERED TO ESTABLISH A DEMONSTRATION WEIGH IN MOTION SYSTEM PROGRAM ON INTERSTATE ROUTE 278 IN KINGS COUNTY FOR THE ENFORCEMENT OF VEHICLE WEIGHT RESTRICTIONS. SUCH PROGRAM SHALL IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF SUCH VEHICLE TO COMPLY WITH VEHICLE WEIGHT RESTRICTIONS ESTABLISHED BY SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF SUCH CITY WHEN OPERATED ON SUCH INTER- STATE. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION, FOR PURPOSES OF THE IMPLEMENTATION OF SUCH PROGRAM, SHALL INSTALL AND OPERATE UP TO THIRTY WEIGH IN MOTION SYSTEMS ON INTERSTATE ROUTE 278 IN SUCH COUNTY. SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS DETERMINED BY SUCH DEPARTMENT. (B) THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING TOGETHER WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION FOR THE PURPOSES OF COORDINATING THE PLANNING, DESIGN, INSTALLATION, CONSTRUCTION AND MAINTENANCE OF THE WEIGH IN MOTION SYSTEM PROGRAM. SUCH MEMORANDUM SHALL ADDRESS THE USE OF SYSTEMS, DEVICES, AND OTHER FACILITIES OWNED AND OPERATED BY THE STATE FOR THE PURPOSES OF SUCH PROGRAM. (C) ANY IMAGE PRODUCED BY THE WEIGH IN MOTION SYSTEM SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGE TO BE PRODUCED. (D)(I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES, ANY LICENSE PLATE INFORMA- TION OR OTHER INFORMATION PRODUCED BY WEIGH IN MOTION 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 SUCH A PHOTO- GRAPH, 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, ANY LICENSE PLATE INFORMATION OR OTHER INFORMATION PRODUCED BY WEIGH IN MOTION SYSTEMS SHALL BE FOR THE EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION, OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND AS REQUIRED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTA- TION TO STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON INTERSTATE ROUTE 278 IN KINGS COUNTY AND MANAGEMENT OF INFRASTRUCTURE, 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. (III) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, RULE OR REGU- LATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A WEIGH IN MOTION 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 ADJUDI- CATION OF A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO S. 2740--A 3 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 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. (IV) SIGNAGE IN ADVANCE OF ENTRY POINTS TO DESIGNATED AREAS SHALL BE INSTALLED, STATING THAT WEIGH IN MOTION SYSTEMS ARE BEING USED TO ENFORCE VEHICLE WEIGHT RESTRICTIONS; AND (V) OVERSIGHT PROCEDURES SHALL BE USED TO ENSURE COMPLIANCE WITH THE PRIVACY PROTECTION PROVISIONS OF THIS PARAGRAPH. (E) (I) THE WEIGH IN MOTION SYSTEM SHALL UNDERGO A CALIBRATION CHECK EVERY SIX MONTHS IN ACCORDANCE WITH THE SPECIFICATIONS OF ASTM E1318-09 (2017). IF SUCH STANDARD IS REVISED, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION MAY ADOPT A RULE TO PROVIDE FOR THE USE OF THE MOST CURRENT VERSION OF SUCH SPECIFICATIONS. SUCH CALIBRATION CHECK SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL ISSUE A CERTIFICATE OF CALIBRATION ON THE LETTERHEAD OF THE INDEPENDENT CALI- BRATION LABORATORY THAT PERFORMED SUCH CALIBRATION CHECK. THE CITY SHALL KEEP EACH SUCH CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOL- UTION OF ALL CASES INVOLVING A NOTICE OF LIABILITY ISSUED DURING SUCH SIX-MONTH TIME PERIOD WHICH WERE BASED ON PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA PRODUCED BY SUCH WEIGH IN MOTION SYSTEM. (II) THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A RANGE, ACCORDING TO THE MANUFACTURER'S STANDARDS AND ITS MONITORING OF S. 2740--A 4 THE SYSTEM, FOR EVALUATING DATA COLLECTED FROM SENSOR READINGS OF THE SYSTEM. THE SYSTEM SHALL BE SET TO AUTOMATICALLY ALERT THE DEPARTMENT OF SIGNIFICANT VARIATIONS FROM THE ESTABLISHED RANGE DURING A TWENTY-FOUR- HOUR PERIOD. THE SYSTEM SHALL BE INSPECTED AFTER EACH ALERT AND ANY NECESSARY ADJUSTMENTS SHALL BE MADE. A LOG SHALL BE KEPT OF THE DETAILS OF ALL ALERTS, INCLUDING THE DATE AND TIME AND ADJUSTMENTS MADE OR ACTIONS TAKEN AS A RESULT OF THE SUBSEQUENT INSPECTION. (F) THE WEIGH IN MOTION SYSTEMS USED IN ACCORDANCE WITH THE WEIGH IN MOTION SYSTEM PROGRAM SHALL ONLY BE OPERATED ON INTERSTATE ROUTE 278 WITHIN KINGS COUNTY. 3. IF THE CITY OF NEW YORK HAS ESTABLISHED A WEIGH IN MOTION SYSTEM PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY VEHICLE WEIGHT RESTRICTIONS THAT APPLY TO SUCH VEHICLE, WHERE SUCH VEHICLE WAS TRAVELING TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT AT THE TIME OF SUCH VIOLATION, AND SUCH VIOLATION IS EVIDENCED BY INFOR- MATION OBTAINED FROM A WEIGH IN MOTION 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 ANY VEHICLE WEIGHT RESTRICTIONS. WHERE A VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE WEIGHT RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS THE OWNER SHALL BE LIABLE FOR A SEPARATE PENAL- TY FOR EACH VIOLATION. 4. A CERTIFICATION, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED OR CONTRACTED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A WEIGH IN MOTION SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. NOTHING IN THIS SUBDIVISION IS INTENDED TO REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON THE CERTIFICATE OF A TECHNICIAN. SUBJECT TO PARAGRAPH (C) OF SUBDIVISION SEVEN OF THIS SECTION, ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SECTION. 5. AN OWNER LIABLE FOR A VIOLATION IN ACCORDANCE WITH THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH SEPARATE SCHE- DULES OF FINES AND PENALTIES PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK FOR VIOLATION OF GROSS VEHICLE WEIGHT RESTRICTIONS AND FOR VIOLATION OF AXLE WEIGHT RESTRICTIONS; PROVIDED, HOWEVER, THAT THE MONETARY PENALTY SHALL NOT EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. 6. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI- CLE INSURANCE COVERAGE. 7. (A) 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 THIS SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL OR AUTO- MATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. S. 2740--A 5 (B) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER, THE UNITED STATES DEPARTMENT OF TRANSPORTATION REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LICENSE PLATE NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE WEIGH IN MOTION SYSTEM WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER. (C) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL- ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON. (D) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION. (E) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU. SUCH PARKING VIOLATIONS BUREAU SHALL HAVE JURISDICTION OVER THE PROGRAM ESTABLISHED BY THIS SECTION. ADJUDICATION OF NOTICES OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE SAME PROVISIONS OF ARTICLE TWO-B OF THIS CHAPTER RELATING TO ADJUDICATION OF PARKING VIOLATIONS AND TO RULES PROMULGATED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU RELAT- ING TO THE ADJUDICATION OF SUCH NOTICES OF LIABILITY, EXCEPT THAT THE TERM "NOTICE OF VIOLATION" AS DEFINED IN PARAGRAPH F OF SUBDIVISION ONE OF SECTION TWO HUNDRED THIRTY-NINE OF THIS CHAPTER SHALL NOT INCLUDE A NOTICE OF LIABILITY ISSUED PURSUANT TO THIS SECTION. 8. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR A VIOLATION OF THE WEIGH IN MOTION SYSTEM PROGRAM THAT THE VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH CITY. 9. IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION TWO OF THIS SECTION IT SHALL CONDUCT A STUDY AND POST ON THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION WEBSITE AN ANNUAL REPORT ON THE RESULTS OF THE USE OF WEIGH IN MOTION SYSTEMS ON OR ABOUT JUNE FIRST, TWO THOUSAND TWENTY-THREE AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH REPORT SHALL INCLUDE: (A) THE LOCATIONS WHERE AND DATES WHEN WEIGH IN MOTION SYSTEMS WERE USED; (B) THE TOTAL NUMBER OF TRUCKS WEIGHED AND THE NUMBER OF VIOLATIONS RECORDED IN ACCORDANCE WITH THE WEIGH IN MOTION SYSTEM PROGRAM, IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; (C) THE NUMBER OF VIOLATIONS RECORDED WITHIN THE WEIGH IN MOTION SYSTEM PROGRAM THAT WERE EITHER TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT; S. 2740--A 6 (D) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (E) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (F) THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU- DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; (G) THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; (H) THE EXPENSES INCURRED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; (I) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND (J) THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 IN KINGS COUNTY AND THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 SPECIFICALLY FROM THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS COUNTY. § 2. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 17 to read as follows: 17. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND APPLICABLE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN ACCORDANCE WITH SECTION THREE HUNDRED EIGHTY-FIVE-A OF THIS CHAPTER, AND TO HAVE JURIS- DICTION OVER THE PROGRAM ESTABLISHED PURSUANT TO SUCH SECTION. § 3. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (r) to read as follows: (R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR DATA PREPARED UNDER AUTHORITY OF SECTION THREE HUNDRED EIGHT- Y-FIVE-A OF THE VEHICLE AND TRAFFIC LAW. § 4. The New York city department of transportation shall: (i) prior to implementing a weigh in motion system program as authorized by section 385-a of the vehicle and traffic law, as added by section one of this act, communicate to the public the plan for vehicle weight restrictions so as to maximize awareness of such program; (ii) for 90 days after the effective date of section 385-a of the vehicle and traf- fic law, as added by section one of this act, in lieu of issuing notices of liability pursuant to such section 385-a, send by first class mail, to persons found in violation of such section, notice of this law and that the vehicle owned by the person receiving such notice has been found to be in violation of such section, together with a warning that further violations may result in the issuance of a notice of liability pursuant to such section 385-a; and (iii) take such measures as are necessary to implement such program prior to its implementation, includ- ing promulgating any rules and regulations necessary for the implementa- tion of this act. § 5. (a) This act shall take effect immediately and shall expire and be deemed repealed three years after the first notice of liability issued for violations recorded by weigh in motion systems; provided that the New York city department of transportation shall notify the legisla- tive bill drafting commission upon the issuance of the first notice of liability for violations recorded by a weigh in motion system in accord- ance with section 385-a of the vehicle and traffic law, as added by section one of this act, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of S. 2740--A 7 section 44 of the legislative law and section 70-b of the public offi- cers law. (b) Notwithstanding the expiration and repeal of this act, any notices of liability issued pursuant to section three hundred eighty-five-a of the vehicle and traffic law, as added by section one of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date.
2021-S2740B (ACTIVE) - Details
2021-S2740B (ACTIVE) - Summary
Relates to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
2021-S2740B (ACTIVE) - Sponsor Memo
BILL NUMBER: S2740B Revised 6/3/2021 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such inter- state by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expiration thereof PURPOSE: To create a weigh-in-motion pilot program for the enforcement of vehicle weight restrictions on the portion of Interstate 278 located in Brook- lyn. SUMMARY OF PROVISIONS: Sections one through six of the bill would repeal and re-enact various provisions of VTL Article 2-B pertaining to localities' administrative
tribunal adjudications of liability for violations arising from existing demonstration programs (and incorporating the newly authorized BQE demonstration program) involving traffic related photo violation-moni- toring systems. Subdivision (3) of the new VTL § 235 would make clear that the repeal and reenactment of provisions of Article 2-B are not intended to confer new jurisdiction upon localities with respect to the matters specified in such subdivision. Section seven of the bill repeals paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law and adds a new paragraph a in its place relating to penalties arising from such camera programs that have not been satisfied at the time of vehicle registration. Sections eight through ten of the bill amend and repeal portions of section 1809 of the vehicle and traffic law relating to monetary surcharges imposed in connection with traffic related photo violation- monitoring systems. Section eleven of the bill amends the general municipal law by adding a new section 371-a to address photo violation-monitoring demonstration programs that are adjudicated by Traffic Violations Agencies in Nassau and Suffolk Counties, Buffalo and Rochester. Section twelve of the bill amends the vehicle and traffic law by adding a new section 385-a authorizing the City of New York to establish a demonstration weigh in motion system program on interstate route 278 in Brooklyn (also known as the Brooklyn Queens Expressway or "BQE"), specifically from the vicinity of Atlantic Avenue to the vicinity of Sands Street, for the enforcement of vehicle weight and/or axle weight restrictions. This would allow the New York City Department of Transpor- tation to install and operate up to sixteen weigh in motion systems on this portion of the BQE and impose monetary penalties on owners of vehi- cles for failure of such vehicles to comply with vehicle weight and/or axle weight restrictions. NYC DOT would be authorized to enter into an agreement with the New York State Department of Transportation for purposes of coordinating the planning, design, installation, construction and maintenance of the pilot program system. The bill addresses the extensive measures that would be taken to protect drivers' privacy and safeguard the data obtained from implementation of the program. Moreover, it would require that technicians review the eviden- tiary materials produced by the weigh in motion system for each violation and sign a certificate swearing to or affirming their accura- cy, but consistent with existing procedures relating to similar adminis- trative violations, it is not intended that these certificates be nota- rized. The City's Parking Violations Bureau would adjudicate the notices of liability issued in connection with this demonstration program. Section thirteen amends subdivision 2 of section 87 of the public offi- cers law by adding a new paragraph r to exempt from public access the photographic and other information and data generated by this program. Section fourteen of the bill directs the New York City Department of Transportation to communicate with the public about the program prior to its implementation, and provides a grace period during the initial 90 days of the program whereby written warnings, instead of notices of violation, shall be sent to drivers. Section fifteen of the bill subjects purchases or leases of necessary equipment for the program to section 103 of the general municipal law. Section sixteen of the bill sets forth the effective date, providing that the law would take effect immediately (with the proposed demon- stration program expiring on December 1, 2025); and addresses the vari- ous expiration dates set forth in the amendments to VTL § 1809 made by sections 8 and 8-a through 8-g regarding mandatory surcharges in connection with various camera demonstration programs. JUSTIFICATION: In 2019, New York City Mayor Bill de Blasio convened a panel of experts to review the City's planned reconstruction of the BQE from Atlantic Avenue to Sands Street in Brooklyn. The findings of their report lead to the undisputable conclusion that this corridor along the BQE is in urgent need of repair, and that illegally overweight trucks were contributing significantly to the structure's deterioration. Higher live loads from overweight trucks cause greater stress on the structure, shorten its lifespan, decrease reliability, and reduce safe- ty. Although the structure has an 80,000-pound limit for trucks, data collected at the request of the Panel between October 16, 2019 and Janu- ary 19, 2020 showed that on the Queens-bound roadway, 11.1 percent of trucks exceeded 80,000 pounds and 27 percent exceeded the Federal Bridge Formula, which limits the weight-to-length ratio of vehicles crossing a bridge. Following the Panel's findings and recommendations, Mayor de Blasio directed the New York City Police Department to conduct in-person enforcement on this corridor, and NYCDOT has continued to employ struc- tural monitoring and overweight vehicle monitoring. Although NYCDOT has seen some reduction in overweight vehicles on this corridor since this enforcement began, it requires ongoing NYPD personnel presence. This can be challenging to sustain on a permanent ongoing basis, and the config- uration of this segment of the BQE makes pulling over trucks and weigh- ing them logistically challenging. This bill would authorize automated enforcement on this portion of the BQE, and would enable expanded enforcement efforts and hours. Enforce- ment would utilize weigh in motion systems paired with cameras, similar to New York City's successful automated school speed zone and red light camera programs. Violations would carry the same or a lower penalty than the often-hefty penalties issued by police officers during in-person enforcement; and only trucks overweight by at least 10 percent would be issued a fine. The overall goal of the amendments proposed in sections 1 through 11 is to consolidate, in an orderly and integrated legislative scheme, the underlying implementation provisions of these existing (and newly proposed) photo violation-monitoring demonstration programs that have been enacted over the last several years. The bill would accomplish this with respect to the forum for such adjudications within Article 2-B, as well as provisions of the vehicle and traffic law (VTL) related to such programs involving vehicle registration and mandatory surcharges. Going forward, the provisions of the VTL that have established these demon- stration programs would continue to identify their duration (i.e., effective dates and related expiration sections), but the sections that would be added or amended by this law would not be subject to the complex and confusing reverter provisions that have heretofore existed. For the foregoing reasons, this bill will be an important step towards preserving a critical roadway in a heavily trafficked corridor through a measure implemented by proven technologies and enforcement efforts. These camera enforcement pilot programs have shown over time to be inno- vative and effective tools for counties and other localities to address and implement safety measures on their public roadways. The recodifica- tion of the applicable VTL provisions will result in a more comprehen- sive and comprehensible operationalization of such programs. LEGISLATIVE. HISTORY: 2020: S8128A (Kavanagh) / A10223 (Simon) - TRANSPORTATION FISCAL IMPLICATIONS: None to the state. EFFECTIVE DATE: This act shall take effect immediately; provided, however, that sections twelve, thirteen, fourteen and fifteen shall expire and be deemed repealed December 1, 2025 when upon such date the provisions of such sections shall be deemed repealed; and provided further, that notwith- standing the expiration and repeal of sections twelve, thirteen, four- teen and fifteen of this act, any notices of liability issued pursuant to the demonstration program authorized pursuant to section 385-a of the vehicle and traffic law, as added by section twelve of this act, prior to the expiration date of this act may be adjudicated after such expira- tion date; and provided further, that: (a) the amendments to the opening paragraph and paragraph (c) of subdi- vision 1 of section 1809 of the vehicle and traffic law made by section eight of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-a of this act shall take effect; (b) the amendments to the opening paragraph and paragraph (c) of subdi- vision 1 of section 1809 of the vehicle and traffic law made by section eight-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 eight-b of this act shall take effect; (c) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-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 eight-c of this act shall take effect; (d) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-d of this act shall take effect; (e) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-e of this act shall take effect; (f) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-e of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-f of this act shall take effect; (g) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-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 eight-g of this act shall take effect; and (h) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-g of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-h of this act shall take effect.
2021-S2740B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2740--B Cal. No. 707 2021-2022 Regular Sessions I N S E N A T E January 25, 2021 ___________ Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing a demonstration program on interstate route 278 in Kings county to enforce vehicle weight restriction on such interstate by means of mobile or stationary weigh in motion systems; and providing for the repeal of such provisions upon expira- tion thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 235 of the vehicle and traffic law is REPEALED and a new section 235 is added to read as follows: § 235. JURISDICTION. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRA- RY, IN ANY CITY WHICH HERETOFORE OR HEREAFTER IS AUTHORIZED TO ESTABLISH AN ADMINISTRATIVE TRIBUNAL: (A) TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR STOPPING VIOLATIONS, OR (B) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO 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 INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORD- ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR (C) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD01147-07-1 S. 2740--B 2 A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER, OR (D) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLA- TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR (E) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORI- TIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 (F) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVEN- TY-FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR (G) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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- S. 2740--B 3 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 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 S. 2740--B 4 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 MARCH 28, 1993. 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 MARCH 28, 1993, 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 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 MARCH 28, 1993, 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 S. 2740--B 5 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 ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH ANY PROVISION OF LAW, RULE OR REGULATION THROUGH THE INSTALLATION AND OPERATION OF A PHOTO ENFORCEMENT DEVICE OR SYSTEM, EXCEPT AS OTHERWISE EXPLICITLY AUTHORIZED BY ARTICLE TEN, TWENTY-FOUR, TWENTY-NINE OR THIRTY OF THIS CHAPTER, BY SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW, OR BY SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NOR BE CONSTRUED TO GRANT ANY MUNICIPALITY THE AUTHORITY TO ESTABLISH BY LOCAL LAW, ORDI- NANCE, ORDER, RULE, REGULATION, RESOLUTION OR ANY OTHER MEANS, AN ADMIN- ISTRATIVE TRIBUNAL TO HEAR AND DETERMINE COMPLAINTS OF TRAFFIC INFRAC- TIONS 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: 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: (A) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO 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 INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION- MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP- TER, OR (B) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER, OR (C) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, OR (D) S. 2740--B 6 TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 (E) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR (F) TO ADJUDI- CATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPOR- TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER. SUCH TRIBUNAL, EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL ALSO HAVE JURISDIC- TION OF ABANDONED VEHICLE VIOLATIONS. 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. § 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 SET FORTH IN ARTICLES TEN, TWENTY-FOUR, TWENTY-NINE AND THIRTY OF THIS CHAPTER, 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 TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI- CATIONS IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON- TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXI- MUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLA- TION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN S. 2740--B 7 ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAP- TER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAP- TER; OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER- ATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLA- TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH TOLL COLLECTION REGU- LATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPER- ATION OF PHOTO-MONITORING SYSTEMS, 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 IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORD- ANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPART- MENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 S. 2740--B 8 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; OR TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER- ATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLA- TION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR TO COMPLY WITH TOLL COLLECTION REGU- LATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPER- ATION OF PHOTO-MONITORING SYSTEMS, 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 IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORD- ANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPART- MENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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. 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 OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON- TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON- TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAP- TER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY S. 2740--B 9 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONI- TORING SYSTEMS, 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 AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOS- ING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPER- ATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPER- ATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITOR- ING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF S. 2740--B 10 THIS CHAPTER, OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON- TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXI- MUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTAL- LATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTAL- LATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, OF THE PERSON CHARGED, AS APPLICABLE PRIOR TO RENDERING A FINAL DETERMI- NATION. 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA- TION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN S. 2740--B 11 HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI- CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 ALLEGED 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 IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION- MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI- CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE S. 2740--B 12 HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 JURISDIC- TION 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 AUTHORIZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF SUBDIVI- SION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION- MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI- CLE THIRTY OF THIS CHAPTER; TO COMPLY WITH BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; TO COMPLY WITH TOLL COLLECTION REGULATIONS OF CERTAIN PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; TO STOP FOR A SCHOOL BUS DISPLAYING A RED VISUAL SIGNAL IN VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR TO COMPLY WITH GROSS VEHI- CLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN 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 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 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. 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 S. 2740--B 13 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 FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON- TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON- TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THIS CHAPTER; OR (III) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR (IV) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP- TER; OR (V) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY- NINE OF THIS CHAPTER; OR (VI) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, THE COMMISSION- ER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLICA- TION 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- S. 2740--B 14 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. The opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10 of chapter 145 and section 9 of chapter 148 of the laws of 2019, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists[, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in accordance with section eleven hundred eighty-b of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (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 section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a 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,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addition to any sentence required or permitted by law, in accordance with the following schedule: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or S. 2740--B 15 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 (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 section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a 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,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVI- SION ONE-A OF THIS SECTION, there shall be levied a crime victim assist- ance 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. § 8-a. 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 145 of the laws of 2019, are amended to read as follows: Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists[, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-b of this chapter, or other than an adjudication in accordance with section eleven hundred eleven-c of this chapter for a violation of a bus lane restriction as defined in such section, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-d of this chapter, or other than an adju- dication of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in S. 2740--B 16 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 (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 section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a crime victim assistance fee and a mandatory surcharge, in addi- tion 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 (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 section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, 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. § 8-b. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-a of chapter 145 and section 9-a of chapter 148 of the laws of 2019, 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- S. 2740--B 17 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-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-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. § 8-c. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-b of chapter 145 and section 9-b of chapter 148 of the laws of 2019, 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-d of this chapter, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 8-d. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-c of chapter 145 and section 9-c of chapter 148 of the laws of 2019, is amended to read as follows: S. 2740--B 18 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-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 accordance with section eleven hundred eleven-e of this chapter, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 8-e. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-d of chapter 145 and section 9-d of chapter 148 of the laws of 2019, 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, or other than an adjudication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 8-f. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-f of chapter 145 and section 9-f of chapter 148 of the laws of 2019, 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- S. 2740--B 19 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, or other than an adju- dication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 8-g. Subdivision 1 of section 1809 of the vehicle and traffic law, as separately amended by section 10-g of chapter 145 and section 9-g of chapter 148 of the laws of 2019, 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), (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 adju- dication of liability of an owner for a violation of section eleven hundred seventy-four of this chapter in accordance with section eleven hundred seventy-four-a of this chapter,] AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 8-h. 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 AND EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION ONE-A OF THIS SECTION, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of seventeen dollars. § 9. Section 1809 of the vehicle and traffic law is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO AN ADJUDICATION OF LIABILITY OF OWNERS: (A) FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER IMPOSED PURSUANT TO 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 INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR (B) FOR VIOLATIONS OF SUBDIVISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; OR (C) FOR VIOLATIONS OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAP- S. 2740--B 20 TER IMPOSED PURSUANT TO A BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY- FOUR OF THIS CHAPTER; OR (D) FOR VIOLATIONS OF TOLL COLLECTION REGU- LATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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 (E) FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY- FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER; OR (F) FOR VIOLATIONS OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER. § 10. 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; AND (II) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV- EN OF THIS CHAPTER IMPOSED PURSUANT TO 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 AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; AND (III) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDI- VISION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION PROGRAM IMPOSING MONE- TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED LIMITS THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THIS CHAPTER; AND (IV) AN ADJUDI- CATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF BUS LANE RESTRICTIONS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A S. 2740--B 21 BUS RAPID TRANSIT PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH BUS LANE RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF BUS LANE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; AND (V) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL COLLECTION REGULATIONS IMPOSED BY CERTAIN PUBLIC AUTHORITIES PURSUANT TO THE LAW AUTHORIZING SUCH PUBLIC AUTHORITIES TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TOLL COLLECTION REGULATIONS OF SUCH PUBLIC AUTHORITIES THROUGH THE INSTALLATION AND OPERATION OF PHOTO-MONITORING SYSTEMS, 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; AND (VI) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THIS CHAPTER 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY- NINE OF THIS CHAPTER; AND (VII) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS CHAPTER AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT VIOLATIONS IMPOSED PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS THROUGH THE INSTALLATION AND OPERATION OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TEN OF THIS CHAPTER, THERE SHALL BE LEVIED IN ADDITION TO ANY SENTENCE, PENALTY OR OTHER SURCHARGE REQUIRED OR PERMITTED BY LAW, AN ADDITIONAL SURCHARGE OF TWEN- TY-EIGHT DOLLARS. § 11. The general municipal law is amended by adding a new section 371-a to read as follows: § 371-A. ADDITIONAL JURISDICTION AND PROCEDURE RELATED TO THE ADJUDI- CATION OF CERTAIN NOTICES OF LIABILITY. A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SUBDIVISION ONE AND A TRAFFIC AND PARKING VIOLATIONS AGENCY ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE MAY BE AUTHORIZED TO ADJUDI- CATE, IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, THE LIABILITY OF OWNERS: (A) FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CON- TROL INDICATIONS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC-CON- TROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS, IN ACCORDANCE WITH ARTI- CLE TWENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW; OR (B) FOR VIOLATIONS OF SECTION ELEVEN HUNDRED SEVENTY-FOUR OF THE VEHICLE AND TRAFFIC LAW 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 IMPOSED PURSUANT TO A LOCAL LAW OR ORDINANCE IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SCHOOL BUS RED VISUAL SIGNALS THROUGH THE INSTALLATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING S. 2740--B 22 SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THE VEHICLE AND TRAF- FIC LAW. § 12. The vehicle and traffic law is amended by adding a new section 385-a to read as follows: § 385-A. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH WEIGHT RESTRICTIONS ON INTERSTATE ROUTE 278 IN KINGS COUNTY. (A) 1. NOTWITH- STANDING ANY OTHER PROVISION OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO ESTABLISH A WEIGH IN MOTION DEMONSTRATION PROGRAM ON INTERSTATE ROUTE 278 IN KINGS COUNTY IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT RESTRICTIONS ON SUCH PORTION OF SUCH INTERSTATE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY OF NEW YORK TO INSTALL AND OPERATE UP TO SIXTEEN WEIGH IN MOTION VIOLATION MONITORING SYSTEMS AT ANY ONE TIME ON INTERSTATE ROUTE 278 IN KINGS COUNTY. SUCH SYSTEMS MAY BE STATIONARY OR MOBILE AND MAY BE ACTIVATED AT LOCATIONS ON SUCH PORTION OF SUCH INTERSTATE AS DETERMINED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION MAY ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NEW YORK CITY DEPART- MENT OF TRANSPORTATION FOR THE PURPOSES OF COORDINATING THE PLANNING, DESIGN, INSTALLATION, CONSTRUCTION AND MAINTENANCE OF SUCH WEIGH IN MOTION DEMONSTRATION PROGRAM. SUCH MEMORANDUM SHALL ADDRESS, FOR PURPOSES OF SUCH DEMONSTRATION PROGRAM, THE USE OF SYSTEMS, DEVICES AND OTHER FACILITIES OWNED AND OPERATED BY THE STATE. 2. NO WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL BE USED UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS UNDERGONE A SELF-TEST FOR THE OPERATION OF SUCH SYSTEM; AND (II) IT HAS UNDERGONE A SEMI-ANNUAL CALI- BRATION CHECK PERFORMED PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION. A RESULT OF THE DAILY SELF-TEST FOR EACH SUCH SYSTEM SHALL INCLUDE THE DATE AND TIME THAT THE SELF-TEST WAS SUCCESSFULLY PERFORMED. THE CITY OF NEW YORK SHALL RETAIN EACH SUCH DAILY SELF-TEST UNTIL THE LATER OF THE DATE ON WHICH THE WEIGH IN MOTION 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, MICROPHOTO- GRAPHS, VIDEO OR OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENER- ATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH SYSTEM. 3. EACH WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL UNDERGO A CALIBRATION CHECK EVERY SIX MONTHS IN ACCORDANCE WITH AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) STANDARD SPECIFICATION E1318-09 (2017). IF SUCH STANDARD SPECIFICATION IS REVISED, THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ADOPT A RULE TO PROVIDE FOR THE USE OF THE MOST CURRENT VERSION OF SUCH STANDARD SPECIFICATION. SUCH CALIBRATION CHECK SHALL BE PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION ON ITS LETTERHEAD TO THE CITY OF NEW YORK. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON SUCH CERTIFICATE. THE CITY SHALL RETAIN EACH SUCH BI-ANNUAL CERTIFICATE OF CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING NOTICES OF LIABILITY ISSUED DURING SUCH SIX-MONTH TIME PERIOD WHICH WERE BASED ON PHOTO- GRAPHS, MICROPHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES, AND INFORMA- TION AND DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY SUCH WEIGH IN MOTION VIOLATION MONITORING SYSTEM. 4. THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION SHALL ESTABLISH A RANGE, ACCORDING TO THE MANUFACTURER'S STANDARDS AND ITS MONITORING OF THE SYSTEM, FOR EVALUATING INFORMATION AND DATA COLLECTED FROM SENSOR READINGS OF EACH WEIGH IN MOTION VIOLATION MONITORING SYSTEM. EACH SUCH S. 2740--B 23 SYSTEM SHALL BE SET TO AUTOMATICALLY ALERT SUCH DEPARTMENT OF SIGNIF- ICANT VARIATIONS FROM THE ESTABLISHED RANGE DURING A TWENTY-FOUR-HOUR PERIOD. AFTER SUCH AN ALERT, SUCH SYSTEM SHALL BE INSPECTED AND ANY NECESSARY ADJUSTMENTS SHALL BE MADE. SUCH DEPARTMENT SHALL KEEP A LOG OF THE DETAILS OF ALL ALERTS, INCLUDING THE DATE AND TIME OF SUCH ALERT, THE AMOUNT OF VARIATION FROM THE ESTABLISHED RANGE IN SUCH ALERT, THE ADJUSTMENTS MADE OR ACTIONS TAKEN AS A RESULT OF THE SUBSEQUENT INSPECTION, AND THE DATE AND TIME OF SUCH INSPECTION, ADJUSTMENTS OR ACTIONS. 5. WEIGH IN MOTION VIOLATION MONITORING SYSTEMS USED IN ACCORDANCE WITH THE WEIGH IN MOTION DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE OPERATED ONLY ON INTERSTATE ROUTE 278 WITHIN KINGS COUNTY. 6. (I) NO PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE, NOR ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH, SHALL BE USED FOR ANY PURPOSE OTHER THAN AS SPECIFIED IN THIS SECTION, EXCEPT AS MAY BE OTHERWISE PROVIDED BY THIS PARAGRAPH. (II) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH WEIGH IN MOTION VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDEN- TIFY 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 SUCH A PHOTOGRAPH, MICROPHOTO- GRAPH, 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. (III) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE, AND ANY INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY A WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL BE FOR THE EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION, AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND AS REQUIRED BY THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION TO STUDY THE IMPACT OF OVERWEIGHT VEHICLES ON INTERSTATE ROUTE 278 IN KINGS COUNTY AND MANAGEMENT OF SUCH INFRASTRUCTURE, AND SHALL BE DESTROYED BY THE CITY UPON THE FINAL RESOL- UTION OF THE NOTICE OF LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTO- GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES AND INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH 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, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THERE- WITH, FROM A WEIGH IN MOTION VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOV- ERY, 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, MICROPHOTO- GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH, 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, INFORMATION AND DATA ARE S. 2740--B 24 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 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. (IV) THE CITY OF NEW YORK SHALL INSTALL SIGNS IN ADVANCE OF ENTRY POINTS TO INTERSTATE ROUTE 278 IN KINGS COUNTY GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERATORS THAT WEIGH IN MOTION VIOLATION MONI- TORING SYSTEMS ARE IN USE TO ENFORCE MOTOR VEHICLE WEIGHT RESTRICTIONS. (V) THE CITY OF NEW YORK SHALL USE OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED PRIVACY PROTECTION MEASURES. (B) IF THE CITY OF NEW YORK 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, ON INTERSTATE ROUTE 278 IN KINGS COUNTY IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPART- MENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT, WHERE SUCH VEHICLE WAS TRAVELING TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT AT THE TIME OF SUCH VIOLATION AS INDICATED BY AT LEAST TWO INDE- PENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT MEASUREMENTS OBTAINED BY A WEIGH IN MOTION VIOLATION MONITORING SYSTEM, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A WEIGH IN MOTION 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT; OR OPERATED SUCH VEHICLE IN S. 2740--B 25 ACCORDANCE WITH THE TERMS AND CONDITIONS OF ANY OVERWEIGHT PERMIT ISSUED IN ACCORDANCE WITH THIS CHAPTER AND ANY RULES AND REGULATIONS PROMULGAT- ED THERETO. WHERE A VEHICLE IS IN VIOLATION OF BOTH GROSS VEHICLE WEIGHT RESTRICTIONS AND AXLE WEIGHT RESTRICTIONS, THE OWNER SHALL BE LIABLE FOR A SEPARATE PENALTY FOR EACH SUCH VIOLATION. (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. "WEIGH IN MOTION VIOLATION MONITORING SYSTEM" SHALL MEAN SENSORS, CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER, INSTALLED TO WORK IN CONJUNCTION WITH OTHER DEVICES TO CAPTURE AND RECORD THE GROSS VEHICLE WEIGHT AND THE AXLE WEIGHT OF A MOTOR VEHICLE, WHICH PRODUCE AT LEAST TWO INDEPENDENTLY DETECTED GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT MEASUREMENTS AND AUTOMATICALLY PRODUCE TWO OR MORE PHOTO- GRAPHS, TWO OR MORE MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; AND 4. "WEIGH IN MOTION DEMONSTRATION PROGRAM" SHALL MEAN THE DEMON- STRATION PROGRAM AUTHORIZED BY THIS SECTION THAT OPERATES EXCLUSIVELY ON INTERSTATE ROUTE 278 IN KINGS COUNTY. 5. "INTERSTATE ROUTE 278 IN KINGS COUNTY" SHALL MEAN THAT PORTION OF INTERSTATE ROUTE 278 SPECIFICALLY FROM THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS COUNTY, STATE OF NEW YORK. 6. "RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK" SHALL MEAN RULES AND REGULATIONS OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION ADOPTED PURSUANT TO SECTION SIXTEEN HUNDRED FORTY-TWO OF THIS CHAPTER. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY OF NEW YORK, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES, AND INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH, PRODUCED BY A WEIGH IN MOTION VIOLATION MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE SIGNATURE OF A NOTARY PUBLIC ON SUCH CERTIFICATE. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL INCLUDE AN IMAGE OF THE MOTOR VEHICLE ALLEGED TO BE IN VIOLATION AND THE INFORMATION AND DATA GENERATED IN CONJUNCTION THEREWITH 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 SECTION THREE HUNDRED EIGHTY- FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK PURSUANT TO A WEIGH IN MOTION DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONE- TARY PENALTIES IN ACCORDANCE WITH SEPARATE SCHEDULES OF FINES AND PENAL- TIES TO BE PROMULGATED BY THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF S. 2740--B 26 NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. THE LIABILITY OF THE OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH PARK- ING 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 WEIGH IN MOTION DEMONSTRATION PROGRAM ESTABLISHED 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION, THE UNITED STATES DEPARTMENT OF TRANSPORTATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT MEASURED, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF THE WEIGH IN MOTION VIOLATION MONITORING SYSTEM WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, ONE OR MORE DATE AND TIME STAMPED IMAGES IDENTIFYING THE MOTOR VEHICLE AND THE INFORMATION AND DATA EVIDENCING THE ALLEGED VIOLATION, 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 THEY 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 NEW YORK, 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 NEW YORK CITY 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT 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 S. 2740--B 27 VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE NEW YORK CITY PARKING VIOLATIONS BUREAU. (J) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT 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 BUREAU OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE. 2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS SUBDIVISION SHALL RENDER THE 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 (G) OF THIS SECTION. (K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPOR- TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT 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 SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTI- CLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL BE A PRESUMPTION THAT THE OPER- ATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH VEHICLE IN VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. (L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPOR- TATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT. S. 2740--B 28 (M) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION IT SHALL CONDUCT A STUDY AND SUBMIT AN ANNUAL REPORT ON THE RESULTS OF THE USE OF WEIGH IN MOTION VIOLATION MONITORING SYSTEMS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-TWO AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE. SUCH CITY SHALL ALSO POST SUCH ANNUAL REPORT ON THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION WEBSITE. SUCH REPORT SHALL INCLUDE: 1. THE LOCATIONS WHERE AND DATES WHEN WEIGH IN MOTION VIOLATION MONI- TORING SYSTEMS WERE USED; 2. THE TOTAL NUMBER OF TRUCKS WEIGHED AND THE TOTAL NUMBER OF VIOLATIONS RECORDED BY WEIGH IN MOTION VIOLATION MONITORING SYSTEMS IN ACCORDANCE WITH THIS SECTION IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS; 3. THE TOTAL NUMBER OF VIOLATIONS RECORDED BY WEIGH IN MOTION VIOLATION MONITORING SYSTEMS THAT WERE EITHER TEN PERCENT ABOVE THE GROSS VEHICLE WEIGHT OR TWENTY PERCENT ABOVE THE AXLE WEIGHT; 4. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH WEIGH IN MOTION SYSTEMS; 5. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; 6. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU- DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS RECORDED BY WEIGH IN MOTION SYSTEMS; 7. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; 8. THE EXPENSES INCURRED BY THE CITY OF NEW YORK IN CONNECTION WITH THE PROGRAM; 9. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; AND 10. THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 IN KINGS COUNTY AND THE TOTAL CAPITAL AMOUNT SPENT ON REPAIR OR RECONSTRUCTION OF INTERSTATE ROUTE 278 SPECIFICALLY FROM THE VICINITY OF ATLANTIC AVENUE TO THE VICINITY OF SANDS STREET IN KINGS COUNTY. (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SECTION THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE AND THE RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK IN RELATION TO GROSS VEHICLE WEIGHT AND/OR AXLE WEIGHT PURSUANT TO THIS SECTION THAT SUCH WEIGH IN MOTION VIOLATION MONITORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (r) to read as follows: (R) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES OR INFORMATION AND DATA PREPARED UNDER AUTHORITY OF SECTION THREE HUNDRED EIGHTY-FIVE-A OF THE VEHICLE AND TRAFFIC LAW. § 14. The New York city department of transportation shall: (i) prior to implementing a weigh in motion demonstration program as authorized by section 385-a of the vehicle and traffic law, as added by section one of this act, communicate to the public the plan for the use of vehicle weigh in motion violation monitoring systems to enforce vehicle weight restrictions so as to maximize awareness of such program; (ii) during the first 90 day period in which weigh in motion violation monitoring systems are in operation pursuant to the provisions of this act send by first class mail a written warning in lieu of a notice of liability to S. 2740--B 29 all owners of motor vehicles who would be held liable for failure of operators thereof to comply with section 385 of the vehicle and traffic law and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight, together with notice of the weigh in motion demonstration program authorized by section 385-a of the vehicle and traffic law; and (iii) take such meas- ures as are necessary to implement such program prior to its implementa- tion, including promulgating any rules and regulations necessary for the implementation of this act. § 15. The purchase or lease of equipment for a demonstration program pursuant to section 385-a of the vehicle and traffic law shall be subject to the provisions of section 103 of the general municipal law. § 16. This act shall take effect immediately; provided, however, that sections twelve, thirteen, fourteen and fifteen shall expire and be deemed repealed December 1, 2025 when upon such date the provisions of such sections shall be deemed repealed; and provided further, that notwithstanding the expiration and repeal of sections twelve, thirteen, fourteen and fifteen of this act, any notices of liability issued pursu- ant to the demonstration program authorized pursuant to section 385-a of the vehicle and traffic law, as added by section twelve of this act, prior to the expiration date of this act may be adjudicated after such expiration date; and provided further, that: (a) the amendments to the opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law made by section eight of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-a of this act shall take effect; (b) the amendments to the opening paragraph and paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-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 eight-b of this act shall take effect; (c) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-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 eight-c of this act shall take effect; (d) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-d of this act shall take effect; (e) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-d of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-e of this act shall take effect; (f) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-e of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-f of this act shall take effect; (g) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-f of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when S. 2740--B 30 upon such date the provisions of section eight-g of this act shall take effect; and (h) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eight-g of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section eight-h of this act shall take effect.
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