LBD13521-01-3
A. 8902 2
LATED TRAFFIC REGULATIONS, AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT
BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING
SUCH IMAGES TO BE PRODUCED.
3. (I) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO
PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS
WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A STREET
CLEANING-RELATED PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE:
(A) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY SUCH STREET CLEANING-RELATED PHOTO DEVICES
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 PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED
IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF A VEHICLE WHERE THE CITY SHOWS THAT IT MADE REASONABLE
EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE;
(B) THE INSTALLATION OF SIGNAGE THAT IS CLEARLY VISIBLE TO DRIVERS AT
REGULAR INTERVALS ALONG AND ADJACENT TO ROADWAYS UPON WHICH MOBILE
AND/OR STATIONARY STREET CLEANING-RELATED PHOTO DEVICES ARE OPERATED
PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION
STATING THAT MOBILE AND/OR STATIONARY STREET CLEANING-RELATED PHOTO
DEVICES ARE USED TO ENFORCE STREET CLEANING-RELATED TRAFFIC REGULATIONS,
IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE MUTCD; AND
(C) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A STREET CLEANING-RELATED PHOTO DEVICE SHALL BE FOR THE
EXCLUSIVE USE OF THE CITY OF NEW YORK FOR THE PURPOSE OF THE ADJUDI-
CATION OF LIABILITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER
RECEIVING A NOTICE OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE
DESTROYED BY SUCH CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF
LIABILITY TO WHICH SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE
OF SUCH NOTICE OF LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE
PROVISIONS OF ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A
STREET CLEANING-RELATED PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC,
NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY
COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING
THEREIN EXCEPT THAT WHICH IS NECESSARY FOR THE ADJUDICATION OF A NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION, AND NO PUBLIC ENTITY OR
EMPLOYEE, OFFICER OR AGENT THEREOF SHALL DISCLOSE SUCH INFORMATION,
EXCEPT THAT SUCH PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER
RECORDED IMAGES FROM SUCH SYSTEMS:
(A) SHALL BE AVAILABLE FOR INSPECTION AND COPYING AND USE BY THE MOTOR
VEHICLE OWNER AND OPERATOR FOR SO LONG AS SUCH PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES ARE REQUIRED TO BE MAINTAINED
OR ARE MAINTAINED BY SUCH PUBLIC ENTITY, EMPLOYEE, OFFICER OR AGENT; AND
(B) (1) SHALL BE FURNISHED WHEN DESCRIBED IN A SEARCH WARRANT ISSUED
BY A COURT AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT PURSUANT TO ARTICLE
SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW OR A FEDERAL COURT
AUTHORIZED TO ISSUE SUCH A SEARCH WARRANT UNDER FEDERAL LAW, WHERE SUCH
SEARCH WARRANT STATES THAT THERE IS REASONABLE CAUSE TO BELIEVE SUCH
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
A. 8902 3
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.
(III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS
PROHIBITED FROM UTILIZING AND FROM ARRANGING FOR THE UTILIZATION OF
BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL
RECOGNITION TECHNOLOGY, FOR ANY PURPOSE. THE USE, AND THE ARRANGEMENT
FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT
LIMITED TO FACIAL RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A
STREET CLEANING-RELATED PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE, ARE
PROHIBITED. FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE,
BUT NOT BE LIMITED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION,
AN UNINCORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERN-
MENTAL INSTRUMENTALITY, A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY
BODY, AND ANY EMPLOYEE, OFFICER, AND AGENT OF THE FOREGOING.
(IV) EVERY STREET CLEANING VEHICLE UPON WHICH A MOBILE STREET CLEAN-
ING-RELATED PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMON-
STRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED
WITH SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING
MOTOR VEHICLE OPERATORS THAT STREET CLEANING-RELATED PHOTO DEVICES ARE
USED TO ENFORCE STREET CLEANING-RELATED TRAFFIC REGULATIONS.
(B) WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST
SIXTY DAYS THAT STREET CLEANING-RELATED PHOTO DEVICES PURSUANT TO A
DEMONSTRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPER-
ATION.
(C) IF THE CITY OF NEW YORK HAS ESTABLISHED A DEMONSTRATION PROGRAM
PURSUANT TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE
SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION IF SUCH
VEHICLE WAS USED OR OPERATED WITH THE PERMISSION OF THE OWNER, EXPRESS
OR IMPLIED, IN VIOLATION OF ANY STREET CLEANING-RELATED TRAFFIC REGU-
LATIONS AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A
STREET CLEANING-RELATED PHOTO DEVICE; PROVIDED HOWEVER THAT NO OWNER OF
A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION
WHERE THE OPERATOR OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING
VIOLATION OF SUCH STREET CLEANING-RELATED TRAFFIC REGULATION.
A. 8902 4
(D) FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
2. "STREET CLEANING-RELATED PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS
CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUC-
ES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF
A STREET CLEANING-RELATED TRAFFIC REGULATION.
3. "STREET CLEANING-RELATED TRAFFIC REGULATIONS" SHALL MEAN THE
FOLLOWING PROVISIONS SET FORTH IN CHAPTER FOUR OF TITLE THIRTY-FOUR OF
THE RULES OF THE CITY OF NEW YORK, ADOPTED PURSUANT TO SECTION SIXTEEN
HUNDRED FORTY-TWO OF THIS CHAPTER: 4-08(D)(1), VIOLATION OF POSTED NO
PARKING RULES PROHIBITED.
4. "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.
5. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY TOOL USING AN
AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
6. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA
AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
7. "FACIAL RECOGNITION" SHALL MEAN ANY TOOL USING AN AUTOMATED OR
SEMI-AUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
(E) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK 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 STREET CLEAN-
ING-RELATED PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(F) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING-RELATED TRAF-
FIC REGULATION PURSUANT TO A DEMONSTRATION PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE
WITH A SCHEDULE OF FINES AND PENALTIES TO BE PROMULGATED BY THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK. THE LIABILITY OF THE OWNER
PURSUANT TO THIS SECTION SHALL NOT EXCEED FIFTY DOLLARS FOR A FIRST
VIOLATION, ONE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A TWELVE-
MONTH PERIOD, ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A
TWELVE-MONTH PERIOD, TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A
TWELVE-MONTH PERIOD, AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT
VIOLATION WITHIN A TWELVE-MONTH PERIOD; PROVIDED, HOWEVER, 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.
(G) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL NOT BE DEEMED A
CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING
A. 8902 5
RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR SHALL IT
BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSUR-
ANCE COVERAGE.
(H) 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 A STREET
CLEANING-RELATED TRAFFIC REGULATION. PERSONAL DELIVERY TO 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 A STREET
CLEANING-RELATED TRAFFIC REGULATION, THE REGISTRATION NUMBER OF THE
VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION
TOOK PLACE INCLUDING THE STREET ADDRESS OR CROSS STREETS, ONE OR MORE
IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME OF SUCH VIOLATION,
THE IDENTIFICATION NUMBER OF THE STREET CLEANING-RELATED PHOTO DEVICE
WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER, AND
WHETHER THE DEVICE WAS STATIONARY OR MOBILE. IF THE STREET CLEANING-RE-
LATED PHOTO DEVICE WAS MOBILE, AN IDENTITY OF THE VEHICLE CONTAINING
SUCH STREET CLEANING-RELATED PHOTO DEVICE SHALL BE INCLUDED IN THE
NOTICE.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSONS 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 LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGENCY
OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY
AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(I) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE CONDUCTED BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(J) 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 A STREET
CLEANING-RELATED TRAFFIC REGULATION 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 PARKING VIOLATIONS BUREAU OF SUCH
CITY.
(K) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (H) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF A STREET CLEANING-RELATED TRAFFIC
REGULATION, 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 PARKING
VIOLATIONS 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
A. 8902 6
THE RENTAL, LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY
REQUIRED BY SUCH BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED
FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (H) OF THIS SECTION.
(L) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING-RELAT-
ED TRAFFIC REGULATION PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF
THE VEHICLE AT THE TIME OF SUCH 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
STREET CLEANING-RELATED TRAFFIC REGULATION. FOR PURPOSES OF THIS SUBDI-
VISION 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 STREET CLEANING-RELATED TRAFFIC REGU-
LATION.
(M) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A STREET CLEANING-RE-
LATED TRAFFIC REGULATION.
(N) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY SHALL SUBMIT A REPORT ON THE
RESULTS OF THE USE OF STREET CLEANING-RELATED PHOTO DEVICES TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY BY APRIL FIRST, TWO THOUSAND TWENTY-SIX AND EVERY TWO YEARS
THEREAFTER. THE CITY OF NEW YORK SHALL ALSO MAKE SUCH REPORTS AVAILABLE
ON ITS PUBLIC-FACING WEBSITES, PROVIDED THAT IT MAY PROVIDE AGGREGATE
DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE CITY FINDS THAT
PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY. SUCH
REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR STREET CLEANING VEHICLES
WHERE STREET CLEANING-RELATED PHOTO DEVICES WERE USED;
2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY;
5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY;
7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED; AND
9. THE TOTAL COST TO SUCH CITY.
(O) ANY REVENUE FROM FINES AND PENALTIES COLLECTED FROM ANY MOBILE
STREET CLEANING-RELATED PHOTO DEVICES, SHALL BE REMITTED BY THE CITY OF
NEW YORK TO BE DEPOSITED IN ANY FUND RELATED TO FUNDING THE DEPARTMENT
OF SANITATION.
A. 8902 7
(P) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A
STREET CLEANING-RELATED TRAFFIC REGULATION PURSUANT TO A DEMONSTRATION
PROGRAM ADOPTED PURSUANT TO SUBDIVISION (A) OF THIS SECTION THAT SUCH
STREET CLEANING-RELATED PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF
THE ALLEGED VIOLATION.
§ 2. Subdivision 1 of section 235 of the vehicle and traffic law, as
amended by section 2 of part MM of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
cate 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-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 (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 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
A. 8902 8
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, or
(h) to adjudicate the liability of owners for violations of subdivision
(b), (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 within a highway construction or
maintenance work area through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (i) to adjudicate the liability of owners for
violations of bus operation-related traffic regulations as defined by
article twenty-four 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 bus operation-related
traffic regulations through the installation and operation of bus opera-
tion-related photo devices, in accordance with article twenty-four of
this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY
ARTICLE TWENTY-FOUR 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 STREET CLEANING-RELATED
TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET
CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR
OF THIS CHAPTER, such tribunal and the rules and regulations pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections.
§ 3. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 3 of part MM of chapter 56 of the laws of 2023, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized: (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
A. 8902 9
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, or (g) to adjudicate the
liability of owners for violations of subdivision (b), (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 within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter,
or (h) to adjudicate the liability of owners for violations of bus oper-
ation-related traffic regulations as defined by article twenty-four 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 bus operation-related traffic regulations
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter, OR (I)
TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEAN-
ING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR 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 STREET CLEANING-RELATED TRAFFIC REGU-
LATIONS THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RE-
LATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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.
§ 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 4 of part MM of chapter 56 of the
laws of 2023, is amended to read as follows:
A. 8902 10
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
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 certain posted maximum speed limits in violation
of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this chapter within a highway construction or maintenance work area
through the installation and operation of photo speed violation monitor-
ing systems, in accordance with article thirty 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; or
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET
CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR
OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANSPOR-
TATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION OF
STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
TY-FOUR OF THIS CHAPTER.
§ 5. Subdivisions 1, 1-a and the opening subparagraph of paragraph (a)
of subdivision 1-b of section 240 of the vehicle and traffic law, as
amended by section 5 of part MM of chapter 56 of the laws of 2023, are
amended to read as follows:
1. Notice of hearing. Whenever a person charged with a parking
violation enters a plea of not guilty; or a person alleged to be liable
in accordance with any provisions of law specifically authorizing the
A. 8902 11
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 certain
posted maximum speed limits in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this chapter within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty 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 transpor-
tation 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 to comply with bus operation-related traffic
regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of the city
of New York through the installation and operation of bus operation-re-
lated photo devices, in accordance with article twenty-four of this
chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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
A. 8902 12
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 certain
posted maximum speed limits in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this chapter within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty 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 transpor-
tation 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 to comply with bus operation-related traffic
regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of the city
of New York through the installation and operation of bus operation-re-
lated photo devices, in accordance with article twenty-four of this
chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is
being contested, by a person in a timely fashion and a hearing upon the
merits has been demanded, but has not yet been held, the bureau shall
not issue any notice of fine or penalty to that person prior to the date
of the hearing.
In a city having a population of one million or more, at every hearing
for the adjudication of a notice of liability, as provided by this arti-
cle, there shall be a rebuttable presumption that the owner of a first-
response emergency vehicle 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 instal-
lation and operation of traffic-control signal photo violation-monitor-
ing 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
A. 8902 13
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 bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter; OR TO COMPLY WITH
STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWEN-
TY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT
OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND
OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER is not liable for such alleged
violation if such owner of the first-response emergency vehicle provides
the hearing officer with:
§ 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 6 of part MM of chapter 56 of the
laws of 2023, are amended 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, or an
allegation of liability of an owner for a violation of subdivision (b),
A. 8902 14
(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 within a highway construction or
maintenance work area 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 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, or an allega-
tion of liability of an owner for a violation of bus operation-related
traffic regulations as defined by article twenty-four 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 bus operation-related traffic regulations through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter, OR AN ALLEGATION OF
LIABILITY OF AN OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAF-
FIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR 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 STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE
INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR 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
this chapter; to comply with certain posted maximum speed limits in
A. 8902 15
violation of subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this chapter within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
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; or
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET
CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR
OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE DEPARTMENT OF TRANS-
PORTATION OF THE CITY OF NEW YORK THROUGH THE INSTALLATION AND OPERATION
OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE
TWENTY-FOUR OF THIS CHAPTER, is contested. Recording devices may be used
for the making of the record.
§ 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 7 of part MM of chapter 56 of the laws of
2023, are amended to read as follows:
1. The hearing examiner shall make a determination on the charges,
either sustaining or dismissing them. Where the hearing examiner deter-
mines that the charges have been sustained he or she may examine either
the prior parking violations record or the record of liabilities
incurred in accordance with 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; 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; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
A. 8902 16
eighty-five of this chapter and the rules of the department of transpor-
tation 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] to comply with bus operation-related traffic
regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of the city
of New York through the installation and operation of bus operation-re-
lated photo devices, in accordance with article twenty-four of this
chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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-
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; to stop for a school bus display-
ing 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 twen-
ty-nine of this chapter; to comply with certain posted maximum speed
limits in violation of subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of this chapter within a highway construction or main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; 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; [or] to comply with bus operation-related traffic regulations
as defined by article twenty-four of this chapter in violation of the
rules of the department of transportation of the city of New York
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter; OR TO
A. 8902 17
COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY
ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE RULES OF THE
DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK THROUGH THE INSTAL-
LATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 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 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; 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; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; 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 transpor-
tation 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] to comply with bus operation-related traffic
regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of the city
of New York through the installation and operation of bus operation-re-
lated photo devices, in accordance with article twenty-four of this
chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
A. 8902 18
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of
the impending default judgment, (3) that such judgment will be entered
in the Civil Court of the city in which the bureau has been established,
or other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with any provisions of law specifically author-
izing the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof: to comply with traffic-control indi-
cations 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; 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; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; 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 transpor-
tation 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] to comply with bus operation-related traffic
regulations as defined by article twenty-four of this chapter in
violation of the rules of the department of transportation of the city
of New York through the installation and operation of bus operation-re-
lated photo devices, in accordance with article twenty-four of this
chapter; OR TO COMPLY WITH STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IN VIOLATION OF THE
RULES OF THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 penal-
ty or fee. Such notice of impending default judgment shall not be
required prior to the rendering and entry thereof in the case of opera-
tors or owners who are non-residents of the state of New York. In no
case shall a default judgment be rendered or, where required, a notice
A. 8902 19
of impending default judgment be sent, more than two years after the
expiration of the time prescribed for entering a plea or contesting an
allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, he or she shall impose no greater penalty or fine than those
upon which the person was originally charged.
§ 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 8 of part MM of
chapter 56 of the laws of 2023, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable 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
A. 8902 20
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; or (vii) the
registrant was liable for a violation of subdivision (b), (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 within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this
chapter[,]; or (viii) the registrant was liable for a violation of bus
operation-related traffic regulations as defined by article twenty-four
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 bus operation-related traffic regulations
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter[,]; OR
(IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF STREET CLEANING-RELAT-
ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR 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 STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE
INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR 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 administrative tribunal wherein the charges are
pending that an appearance or answer has been made or in the case of an
administrative tribunal that he or she has complied with the rules and
regulations of said tribunal following entry of a final decision. Where
an application is denied pursuant to this section, the commissioner may,
in his or her discretion, deny a registration or renewal application to
any other person for the same vehicle and may deny a registration or
renewal application for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of this subdivision and
where the commissioner has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long as
the summonses remain unanswered, or in the case of an administrative
tribunal, the registrant fails to comply with the rules and regulations
following entry of a final decision.
§ 9. Subdivision 1-a of section 1809 of the vehicle and traffic law,
as amended by section 9 of part MM of chapter 56 of the laws of 2023, is
amended 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
A. 8902 21
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
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; or (g) for violations of subdivision (b), (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 within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
or (h) for violations of bus operation-related traffic regulations as
defined by article twenty-four 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 bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING-RELAT-
ED TRAFFIC REGULATIONS AS DEFINED BY ARTICLE TWENTY-FOUR 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 STREET CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE
INSTALLATION AND OPERATION OF STREET CLEANING-RELATED PHOTO DEVICES, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER.
A. 8902 22
§ 10. Subdivision 1 of section 1809-a of the vehicle and traffic law,
as amended by section 10 of part MM of chapter 56 of the laws of 2023,
is amended to read as follows:
1. The provisions of any other general or special law notwithstanding,
whenever, in a city having a population of one hundred thousand or more
according to the nineteen hundred eighty United States census,
proceedings in an administrative tribunal or a court result in a finding
of liability, or conviction for the violation of any statute, local law,
ordinance or rule involving the parking, stopping or standing of a motor
vehicle, except (A) an adjudication of liability of an owner for a
violation of bus operation-related traffic regulations as defined by
article twenty-four 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 bus operation-related
traffic regulations through the installation and operation of bus opera-
tion-related photo devices, in accordance with article twenty-four of
this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A
VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS DEFINED BY
ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING-
RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERATION OF
STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
TY-FOUR OF THIS CHAPTER, there shall be levied a mandatory surcharge in
addition to any other sentence, fine or penalty otherwise permitted or
required, in the amount of fifteen dollars. Such surcharge shall not be
deemed a monetary penalty for the purposes of section two hundred thir-
ty-seven of this chapter or section 19-203 of the administrative code of
the city of New York.
§ 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
as amended by section 11 of part MM of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Notwithstanding any other provision of law, whenever proceedings in
an administrative tribunal or court result in a conviction for a
violation of section twelve hundred, twelve hundred one or twelve
hundred two of this chapter, except (A) an adjudication of liability of
an owner for a violation of bus operation-related traffic regulations as
defined by article twenty-four 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 bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS
AS DEFINED BY ARTICLE TWENTY-FOUR 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 STREET
CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERA-
TION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a mandatory
surcharge in addition to any other sentence, fine or penalty otherwise
permitted or required, in the amount of twenty-five dollars.
§ 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 12 of part MM of chapter 56 of
the laws of 2023, is amended to read as follows:
A. 8902 23
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; 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; and
(viii) 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 imposed pursuant to a demonstration program imposing mone-
A. 8902 24
tary liability on the owner of a vehicle for failure of an operator
thereof to comply with such posted maximum speed limits within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; and (ix) an adjudication of liability of
an owner for a violation of bus operation-related traffic regulations as
defined by article twenty-four 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 bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF STREET CLEANING-RELATED TRAFFIC REGULATIONS AS
DEFINED BY ARTICLE TWENTY-FOUR 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 STREET
CLEANING-RELATED TRAFFIC REGULATIONS THROUGH THE INSTALLATION AND OPERA-
TION OF STREET CLEANING-RELATED PHOTO DEVICES, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR 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.
§ 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (u) to read as follows:
(U) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-H OF
THE VEHICLE AND TRAFFIC LAW.
§ 14. This act shall take effect one year after it shall have become a
law; provided, however, that sections one and thirteen of this act shall
expire on July 1, 2029, when upon such date the provisions of such
sections shall be deemed repealed; provided further, however, that:
(a) the amendments to subdivision 1 of section 1809-a of the vehicle
and traffic law made by section ten of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith;
(b) if section 2 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section two of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(c) if section 3 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section three of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(d) if section 4 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section four of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(e) if section 5 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section five of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(f) if section 6 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section six of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(g) if section 7 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section seven of this
A. 8902 25
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(h) if section 8 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section eight of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(i) if section 9 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section nine of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(j) if section 10 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section ten of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(k) if section 11 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section eleven of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect;
(l) if section 12 of part MM of chapter 56 of the laws of 2023 shall
not have taken effect on or before such date then section twelve of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2023, takes effect.
Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of section one of
this act on its effective date are authorized to be made and completed
on or before such effective date.