LBD02079-08-1
A. 1145--A 2
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, SUCH TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING
THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOW-
ING SECTIONS.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY GENERAL, SPECIAL
OR LOCAL LAW OR ADMINISTRATIVE CODE TO THE CONTRARY, ANY CITY WITH A
POPULATION IN EXCESS OF ONE HUNDRED THOUSAND PERSONS ACCORDING TO THE
NINETEEN HUNDRED EIGHTY UNITED STATES CENSUS HEREINAFTER REFERRED TO AS
A CITY SHALL PROVIDE NOTICE OF PARKING VIOLATIONS AND OF THE IMPOSITION
OF ADDITIONAL PENALTIES WHENEVER THE PERSON WHO IS LIABLE THEREFOR FAILS
TO RESPOND TO THE PARKING TICKET IN THE MANNER DESIGNATED THEREON. SUCH
NOTICE SHALL BE IN SUBSTANTIAL CONFORMANCE WITH THE FOLLOWING
PROVISIONS:
A. NOTICE. (1) WHENEVER A CITY ISSUES A NOTICE OF VIOLATION FOR A
PARKING VIOLATION, IT SHALL BE SERVED IN THE MANNER PRESCRIBED BY SUBDI-
VISION TWO OF SECTION TWO HUNDRED THIRTY-EIGHT OF THIS ARTICLE.
(2) WHENEVER A PERSON HAS BEEN ISSUED A NOTICE OF VIOLATION FOR A
PARKING VIOLATION AND HAS NOT RESPONDED IN THE MANNER DESCRIBED IN THE
NOTICE, A CITY SHALL GIVE THE OWNER A SECOND NOTICE OF THE VIOLATION BY
REGULAR FIRST CLASS MAIL: (I) WITHIN FORTY DAYS OF ISSUANCE OF THE FIRST
NOTICE OF VIOLATION FOR A PARKING VIOLATION WHERE THE VEHICLE IS A VEHI-
CLE REGISTERED IN THIS STATE; OR (II) WITHIN FORTY DAYS OF THE RECEIPT
BY SUCH CITY OF THE NAME AND ADDRESS OF THE OWNER OF THE VEHICLE WHERE
THE VEHICLE IS A VEHICLE REGISTERED IN ANY OTHER STATE. SUCH SECOND
NOTICE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THAT THE OWNER HAS A PERIOD OF TWENTY DAYS FROM ISSUANCE OF THE
SECOND NOTICE IN WHICH TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARK-
ING VIOLATION;
(B) THAT FAILURE TO RESPOND TO THE NOTICE OF VIOLATION FOR A PARKING
VIOLATION MAY RESULT IN THE SUSPENSION AND NON-RENEWAL OF THE OWNER'S
REGISTRATION;
A. 1145--A 3
(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
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
A. 1145--A 4
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
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
A. 1145--A 5
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
TWENTY-FOUR, TWENTY-NINE OR THIRTY OF THIS CHAPTER, BY SECTION TWO THOU-
SAND 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)
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
A. 1145--A 6
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. SUCH TRIBUNAL,
EXCEPT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SHALL ALSO
HAVE JURISDICTION OF ABANDONED VEHICLE VIOLATIONS. FOR THE PURPOSES OF
THIS ARTICLE, A PARKING VIOLATION IS THE VIOLATION OF ANY LAW, RULE OR
REGULATION PROVIDING FOR OR REGULATING THE PARKING, STOPPING OR STANDING
OF A VEHICLE. IN ADDITION FOR PURPOSES OF THIS ARTICLE, "COMMISSIONER"
SHALL MEAN AND INCLUDE THE COMMISSIONER OF TRAFFIC OF THE CITY OR AN
OFFICIAL POSSESSING AUTHORITY AS SUCH A COMMISSIONER.
§ 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 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
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.
§ 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
A. 1145--A 7
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, CONTESTS SUCH ALLEGATION,
THE BUREAU SHALL ADVISE SUCH PERSON PERSONALLY BY SUCH FORM OF FIRST
CLASS MAIL AS THE DIRECTOR MAY DIRECT OF THE DATE ON WHICH HE OR SHE
MUST APPEAR TO ANSWER THE CHARGE AT A HEARING. THE FORM AND CONTENT OF
SUCH NOTICE OF HEARING SHALL BE PRESCRIBED BY THE DIRECTOR, AND SHALL
CONTAIN A WARNING TO ADVISE THE PERSON SO PLEADING OR CONTESTING THAT
FAILURE TO APPEAR ON THE DATE DESIGNATED, OR ON ANY SUBSEQUENT ADJOURNED
DATE, SHALL BE DEEMED AN ADMISSION OF LIABILITY, AND THAT A DEFAULT
JUDGMENT MAY BE ENTERED THEREON.
1-A. FINES AND PENALTIES. WHENEVER A PLEA OF NOT GUILTY HAS BEEN
ENTERED, OR THE BUREAU HAS BEEN NOTIFIED THAT AN ALLEGATION OF LIABILITY
IN ACCORDANCE WITH 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
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 ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; OR 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; 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 ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, IS
BEING CONTESTED, BY A PERSON IN A TIMELY FASHION AND A HEARING UPON THE
MERITS HAS BEEN DEMANDED, BUT HAS NOT YET BEEN HELD, THE BUREAU SHALL
A. 1145--A 8
NOT ISSUE ANY NOTICE OF FINE OR PENALTY TO THAT PERSON PRIOR TO THE DATE
OF THE HEARING.
§ 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law are REPEALED and two new paragraphs a and g are added to
read as follows:
A. EVERY HEARING FOR THE ADJUDICATION OF A CHARGE OF PARKING VIOLATION
OR AN ALLEGATION OF LIABILITY 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
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, SHALL
BE HELD BEFORE A HEARING EXAMINER IN ACCORDANCE WITH RULES AND REGU-
LATIONS 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-
A. 1145--A 9
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; 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 ACCORDANCE WITH ARTICLE TWENTY-NINE OF
THIS CHAPTER, IS CONTESTED. RECORDING DEVICES MAY BE USED FOR THE
MAKING OF THE RECORD.
§ 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law are REPEALED and two new subdivisions 1 and 2 are added to read as
follows:
1. THE HEARING EXAMINER SHALL MAKE A DETERMINATION ON THE CHARGES,
EITHER SUSTAINING OR DISMISSING THEM. WHERE THE HEARING EXAMINER DETER-
MINES THAT THE CHARGES HAVE BEEN SUSTAINED HE OR SHE MAY EXAMINE EITHER
THE PRIOR PARKING VIOLATIONS RECORD OR THE RECORD OF LIABILITIES
INCURRED IN ACCORDANCE WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZ-
ING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS 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; 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 AUTHORI-
TIES 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 INSTAL-
LATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OF THE PERSON
CHARGED, AS APPLICABLE PRIOR TO RENDERING A FINAL DETERMINATION. FINAL
DETERMINATIONS SUSTAINING OR DISMISSING CHARGES SHALL BE ENTERED ON A
FINAL DETERMINATION ROLL MAINTAINED BY THE BUREAU TOGETHER WITH RECORDS
SHOWING PAYMENT AND NONPAYMENT OF PENALTIES.
2. WHERE AN OPERATOR OR OWNER FAILS TO ENTER A PLEA TO A CHARGE OF A
PARKING VIOLATION OR CONTEST AN ALLEGATION OF LIABILITY IN ACCORDANCE
WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHORIZING THE IMPOSITION OF
MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN VIOLATION OF
SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER THROUGH
THE INSTALLATION AND OPERATION OF TRAFFIC-CONTROL SIGNAL PHOTO VIOLA-
A. 1145--A 10
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 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; 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 ACCORDANCE WITH ARTI-
CLE TWENTY-NINE OF THIS CHAPTER, OR FAILS TO APPEAR ON A DESIGNATED
HEARING DATE OR SUBSEQUENT ADJOURNED DATE OR FAILS AFTER A HEARING TO
COMPLY WITH THE DETERMINATION OF A HEARING EXAMINER, AS PRESCRIBED BY
THIS ARTICLE OR BY RULE OR REGULATION OF THE BUREAU, SUCH FAILURE TO
PLEAD OR CONTEST, APPEAR OR COMPLY SHALL BE DEEMED, FOR ALL PURPOSES, AN
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 SPECIF-
ICALLY 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 SUBDIVISIONS (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 INSTALLATION AND
OPERATION OF PHOTO-MONITORING SYSTEMS, IN ACCORDANCE WITH THE PROVISIONS
OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORI-
TIES 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 INSTAL-
LATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, (2) OF THE
IMPENDING DEFAULT JUDGMENT, (3) THAT SUCH JUDGMENT WILL BE ENTERED IN
THE CIVIL COURT OF THE CITY IN WHICH THE BUREAU HAS BEEN ESTABLISHED, OR
OTHER COURT OF CIVIL JURISDICTION OR ANY OTHER PLACE PROVIDED FOR THE
ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW YORK, AND (4) THAT A
A. 1145--A 11
DEFAULT MAY BE AVOIDED BY ENTERING A PLEA OR CONTESTING AN ALLEGATION OF
LIABILITY IN ACCORDANCE WITH ANY PROVISIONS OF LAW SPECIFICALLY AUTHOR-
IZING THE IMPOSITION OF MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR
FAILURE OF AN OPERATOR THEREOF: TO COMPLY WITH TRAFFIC-CONTROL INDI-
CATIONS 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; TO COMPLY WITH CERTAIN POSTED MAXIMUM
SPEED LIMITS IN VIOLATION OF SUBDIVISIONS (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 AUTHORI-
TIES 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 INSTAL-
LATION AND OPERATION OF SCHOOL BUS PHOTO VIOLATION MONITORING SYSTEMS,
IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THIS CHAPTER, OR MAKING AN
APPEARANCE WITHIN THIRTY DAYS OF THE SENDING OF SUCH NOTICE. PLEAS
ENTERED AND ALLEGATIONS CONTESTED WITHIN THAT PERIOD SHALL BE IN THE
MANNER PRESCRIBED IN THE NOTICE AND NOT SUBJECT TO ADDITIONAL PENALTY OR
FEE. SUCH NOTICE OF IMPENDING DEFAULT JUDGMENT SHALL NOT BE REQUIRED
PRIOR TO THE RENDERING AND ENTRY THEREOF IN THE CASE OF OPERATORS OR
OWNERS WHO ARE NON-RESIDENTS OF THE STATE OF NEW YORK. IN NO CASE SHALL
A DEFAULT JUDGMENT BE RENDERED OR, WHERE REQUIRED, A NOTICE OF IMPENDING
DEFAULT JUDGMENT BE SENT, MORE THAN TWO YEARS AFTER THE EXPIRATION OF
THE TIME PRESCRIBED FOR ENTERING A PLEA 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
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
A. 1145--A 12
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, THE COMMISSIONER OR HIS OR HER AGENT SHALL DENY
THE REGISTRATION OR RENEWAL APPLICATION UNTIL THE APPLICANT PROVIDES
PROOF FROM THE COURT, TRAFFIC AND PARKING VIOLATIONS AGENCY OR ADMINIS-
TRATIVE TRIBUNAL WHEREIN THE CHARGES ARE PENDING THAT AN APPEARANCE OR
ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL THAT
HE OR SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
FOLLOWING ENTRY OF A FINAL DECISION. WHERE AN APPLICATION IS DENIED
PURSUANT TO THIS SECTION, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, DENY A REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER
PERSON FOR THE SAME VEHICLE AND MAY DENY A REGISTRATION OR RENEWAL
APPLICATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT SUCH REGISTRANT'S
INTENT HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVI-
SION. SUCH DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
REMAIN UNANSWERED, OR IN THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE
REGISTRANT FAILS TO COMPLY WITH THE RULES AND REGULATIONS FOLLOWING
ENTRY OF A FINAL DECISION.
(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
A. 1145--A 13
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
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
A. 1145--A 14
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
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
A. 1145--A 15
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-
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
A. 1145--A 16
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:
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
A. 1145--A 17
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-
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-
A. 1145--A 18
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-
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
A. 1145--A 19
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF
THIS CHAPTER.
§ 9-a. 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
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, THERE SHALL BE LEVIED IN ADDITION TO ANY SENTENCE,
PENALTY OR OTHER SURCHARGE REQUIRED OR PERMITTED BY LAW, AN ADDITIONAL
SURCHARGE OF TWENTY-EIGHT DOLLARS.
§ 10. 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
A. 1145--A 20
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
SYSTEMS, IN ACCORDANCE WITH ARTICLE TWENTY-NINE OF THE VEHICLE AND TRAF-
FIC LAW.
§ 11. The vehicle and traffic law is amended by adding a new section
1111-f to read as follows:
§ 1111-F. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
TRAFFIC-CONTROL INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE VILLAGE OF PELHAM MANOR IS HEREBY AUTHORIZED AND EMPOWERED
TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTABLISHING A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
URE OF AN OPERATOR THEREOF TO COMPLY WITH TRAFFIC-CONTROL INDICATIONS IN
SUCH VILLAGE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH
DEMONSTRATION PROGRAM SHALL EMPOWER SUCH VILLAGE TO INSTALL AND OPERATE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING DEVICES AT NO MORE
THAN ONE INTERSECTION WITHIN AND UNDER THE JURISDICTION OF SUCH VILLAGE
AT ANY ONE TIME.
2. SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS PRODUCED BY SUCH
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEMS SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF A VEHI-
CLE, PROVIDED THAT SUCH VILLAGE HAS MADE A REASONABLE EFFORT TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH.
(B) IN ANY SUCH VILLAGE WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, AND SUCH VIOLATION IS EVIDENCED BY INFORMATION
OBTAINED FROM A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR OF SUCH
VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, "OWNER" SHALL HAVE THE MEANING
PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
"TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
A. 1145--A 21
VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A TRAFFIC-CONTROL
SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
MICROPHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE VILLAGE OF PELHAM MANOR IN WHICH THE CHARGED VIOLATION OCCURRED, OR
A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAFFIC-CONTROL
SIGNAL PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS,
VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
NANCE ADOPTED PURSUANT TO THIS SECTION SHALL BE LIABLE FOR MONETARY
PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
FORTH IN SUCH LOCAL LAW OR ORDINANCE. THE LIABILITY OF THE OWNER PURSU-
ANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR EACH VIOLATION;
PROVIDED, HOWEVER, THAT SUCH LOCAL LAW OR ORDINANCE MAY PROVIDE FOR AN
ADDITIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH
VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE
PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE ADOPTED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR INSURANCE
PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
SECTION, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN SUCH
VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO CONTEST
IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE VILLAGE
OF PELHAM MANOR OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH VILLAGE TO
PREPARE AND MAIL SUCH NOTIFICATION OF VIOLATION.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
A. 1145--A 22
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO
AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE
VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC VIOLATIONS BUREAU OR COURT
HAVING JURISDICTION.
(J) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF LIABIL-
ITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL NOT BE
LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED
ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE SENDS TO THE TRAFFIC
VIOLATIONS BUREAU OR COURT HAVING JURISDICTION A COPY OF THE RENTAL,
LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH VEHICLE ON THE DATE
OF THE VIOLATION, WITH THE NAME AND ADDRESS OF THE LESSEE CLEARLY LEGI-
BLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OR
COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETHER WITH THE OTHER
INFORMATION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY. FAILURE TO
SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL
RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY THIS SECTION.
WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS SUBDIVISION, THE
LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED TO
BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION, SHALL BE
SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION (D) OF SECTION
ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL
BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION
WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH
VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
TO OBEY A TRAFFIC-CONTROL INDICATION.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
(M) ANY VILLAGE THAT ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDI-
VISION (A) OF THIS SECTION SHALL SUBMIT AN ANNUAL REPORT DETAILING THE
RESULTS OF THE USE OF SUCH TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONI-
TORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND
THE SPEAKER OF THE ASSEMBLY ON OR BEFORE THE FIRST DAY OF JUNE NEXT
SUCCEEDING THE EFFECTIVE DATE OF THIS SECTION AND ON THE SAME DATE IN
EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATION PROGRAM IS OPERABLE.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEMS WERE USED;
A. 1145--A 23
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE THREE YEARS PRECEDING THE INSTALLATION OF SUCH
SYSTEM, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF
MOTOR VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED FOR THE REPORTING YEAR, AS WELL AS FOR EACH YEAR THAT THE
TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING SYSTEM HAS BEEN OPERA-
TIONAL, TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT OF
MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF EVENTS AND NUMBER OF VIOLATIONS RECORDED AT EACH
INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
SYSTEM IS USED AND IN THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY
BASIS;
5. THE NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS RECORDED
BY SUCH SYSTEM AT EACH INTERSECTION WHERE A TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM IS USED;
6. THE NUMBER OF FINES IMPOSED AND TOTAL AMOUNT OF FINES PAID AFTER
FIRST NOTICE OF LIABILITY;
7. THE NUMBER AND PERCENTAGE OF VIOLATIONS ADJUDICATED AND RESULTS OF
SUCH ADJUDICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR
VIOLATIONS RECORDED BY SUCH SYSTEMS WHICH SHALL BE PROVIDED AT LEAST
ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND BUREAUS CONDUCTING
SUCH ADJUDICATIONS;
8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH VILLAGE FROM SUCH
ADJUDICATIONS INCLUDING A BREAKDOWN OF REVENUE REALIZED BY SUCH VILLAGE
FOR EACH YEAR SINCE DEPLOYMENT OF ITS TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING SYSTEM;
9. EXPENSES INCURRED BY SUCH VILLAGE IN CONNECTION WITH THE PROGRAM;
AND
10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS WHICH SHALL BE
PROVIDED AT LEAST ANNUALLY TO SUCH VILLAGE BY THE RESPECTIVE COURTS AND
BUREAUS CONDUCTING SUCH ADJUDICATIONS.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS SECTION THAT SUCH
TRAFFIC-CONTROL INDICATIONS WERE MALFUNCTIONING AT THE TIME OF THE
ALLEGED VIOLATION.
§ 12. 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 PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-F OF
THE VEHICLE AND TRAFFIC LAW.
§ 13. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-f of the vehicle and traffic law
shall be subject to the provisions of section 103 of the general munici-
pal law.
§ 14. This act shall take effect immediately; provided, however that
sections eleven, twelve and thirteen of this act shall take effect on
the thirtieth day after such sections shall have become a law and shall
expire on December 1, 2026, when upon such date the provisions of such
sections shall be deemed repealed; provided, further, that any such
local law as may be enacted pursuant to section eleven of this act shall
remain in full force and effect only until December 1, 2026; provided,
further, that effective immediately, the addition, amendment and/or
A. 1145--A 24
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective 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
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.