S T A T E   O F   N E W   Y O R K
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                                  1425--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, ALVAREZ, TAYLOR, RAGA, COLTON, JACOB-
   SON, SHIMSKY, GLICK, CHANG, WEPRIN, HEVESI, DAVILA,  SEPTIMO,  HAWLEY,
   HYNDMAN,  LUNSFORD, ROZIC, STECK, P. CARROLL, ZACCARO, GRIFFIN -- read
   once and referred to the  Committee  on  Transportation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the vehicle and traffic law, in relation to electronic
   appearances for parking violations; and providing for  the  repeal  of
   such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 237 of  the  vehicle  and  traffic
 law,  as added by chapter 715 of the laws of 1972, is amended to read as
 follows:
   3. (A) To adopt rules and regulations not inconsistent with any appli-
 cable provision of law to  carry  out  the  purposes  of  this  article,
 including  but  not  limited  to  rules  and regulations prescribing the
 internal procedures and organization of the bureau, the manner and  time
 of  entering  pleas, the conduct of hearings IN PERSON AND BY ELECTRONIC
 APPEARANCE, and the amount and manner of payment of penalties.
   (B) WITH RESPECT TO ELECTRONIC APPEARANCE: (I) SUCH  RULES  AND  REGU-
 LATIONS  SHALL  PROVIDE THAT THE PHYSICAL APPEARANCE OF A PERSON CHARGED
 WITH A PARKING VIOLATION MAY BE DISPENSED OF WHERE THE PERSON CHARGED OR
 THEIR AUTHORIZED REPRESENTATIVE HAS REQUESTED AN ELECTRONIC APPEARANCE;
   (II) ANY HEARING CONDUCTED BY MEANS  OF  ELECTRONIC  APPEARANCE  SHALL
 PROVIDE  AN APPROPRIATE OPPORTUNITY FOR ANY ATTORNEY OR LEGAL ADVISOR OF
 SUCH PERSON, IF ANY, TO CONFIDENTIALLY CONSULT WITH SUCH  PERSON  DURING
 THE PROCEEDING;
   (III)  WHERE, DUE TO TECHNOLOGICAL PROBLEMS OR LIMITATIONS, A PARTY TO
 AN ELECTRONIC APPEARANCE CAN HEAR AND BE HEARD  BUT  CANNOT  SEE  AND/OR
 CANNOT  BE  SEEN,  THE BUREAU MAY CONDUCT THE PROCEEDING NOTWITHSTANDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02077-02-5
              

 A. 1425--A                          2
 
 SUCH LIMITATION, UNLESS A PARTY OBJECTS, IN WHICH  CASE  THE  ELECTRONIC
 APPEARANCE SHALL BE TERMINATED AND ADJOURNED;
   (IV)  IF,  FOR  ANY  REASON  OTHER THAN THE CIRCUMSTANCES JUSTIFYING A
 TERMINATION AND ADJOURNMENT  PURSUANT  TO  SUBPARAGRAPH  (III)  OF  THIS
 SUBDIVISION,  A  PARTY  REQUESTS THAT AN ELECTRONIC APPEARANCE BE TERMI-
 NATED AND ADJOURNED AFTER IT HAS COMMENCED, THE BUREAU SHALL GRANT  THAT
 APPLICATION  FOR  GOOD  CAUSE SHOWN. UNDER THIS SUBPARAGRAPH, GOOD CAUSE
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A DETERMINATION THAT DUE TO  TECH-
 NOLOGICAL  PROBLEMS  THE  PROCEEDING CANNOT BE PROPERLY CONDUCTED, OR AN
 ATTORNEY OR LEGAL ADVISOR DOES  NOT  HAVE  AN  ADEQUATE  OPPORTUNITY  TO
 CONFIDENTIALLY CONSULT WITH A CLIENT;
   (V)  ELECTRONIC  APPEARANCES  SHALL  BE RECORDED TO THE SAME EXTENT AS
 WOULD BE REQUIRED WERE THE APPEARANCE CONDUCTED  WITH  SUCH  INDIVIDUALS
 PHYSICALLY PRESENT AT THE HEARING. NO RECORDING OF AN ELECTRONIC APPEAR-
 ANCE  SHALL  BE MADE, VIEWED OR INSPECTED EXCEPT AS MAY BE AUTHORIZED BY
 THIS ARTICLE;
   (VI) WHERE A PERSON CHARGED WITH A PARKING VIOLATION IS UNDER THE  AGE
 OF EIGHTEEN AN ELECTRONIC APPEARANCE SHALL NOT BE CONDUCTED;
   (VII)  NOTHING  IN  THIS  ARTICLE  SHALL  BE  CONSTRUED  AS LIMITING A
 BUREAU'S AUTHORITY TO EXCUSE A CHARGED PERSON'S APPEARANCE, EITHER WHERE
 THEY WOULD BE PHYSICALLY  PRESENT  OR  APPEARING  BY  ELECTRONIC  MEANS,
 DURING A PROCEEDING;
   (VIII)  FOR THE PURPOSES OF THIS ARTICLE, THE TERM "ELECTRONIC APPEAR-
 ANCE" SHALL MEAN AN APPEARANCE IN WHICH ONE OR MORE OF THE  PARTICIPANTS
 IN  THE HEARING ARE NOT PHYSICALLY PRESENT IN THE BUREAU WHERE THE HEAR-
 ING IS CONVENED BUT RATHER APPEAR ELECTRONICALLY AT THE HEARING  THROUGH
 A  COMPUTER OR OTHER DIGITAL MEDIUM IN A MANNER THAT ALLOWS PARTICIPANTS
 TO SEE AND HEAR EACH OTHER; AND
   (IX) NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, THE  REQUIRE-
 MENTS  OF  THIS  ARTICLE  RELATING  TO ELECTRONIC APPEARANCE AT HEARINGS
 SHALL NOT APPLY TO ANY LOCALITY WHICH  ELECTS  NOT  TO  PROVIDE  PARKING
 VIOLATION  HEARINGS  BY ELECTRONIC APPEARANCE PURSUANT TO A DULY ENACTED
 OR ADOPTED LOCAL LAW, ORDINANCE OR REGULATION.
   § 2.  Subdivision 1 of section 238 of the vehicle and traffic law,  as
 added by chapter 715 of the laws of 1972, is amended to read as follows:
   1.  (A) The notice of violation shall contain information advising the
 person charged of the manner and the time in which [he] SUCH PERSON  may
 plead  either  guilty  or  not  guilty  to  the violation alleged in the
 notice. Such notice of violation shall also contain a warning to  advise
 the person charged that failure to plead in the manner and time provided
 shall  be  deemed  an admission of liability and that a default judgment
 may be entered thereon.
   (B) The  form  and  wording  of  the  notice  of  violation  shall  be
 prescribed  by  the  director.  A  duplicate of each notice of violation
 shall be  served  on  the  person  charged  in  the  manner  hereinafter
 provided.  The  original  or  a  facsimile  thereof  shall  be filed and
 retained by the bureau, and shall be deemed a record kept in  the  ordi-
 nary  course of business, and shall be prima facie evidence of the facts
 contained therein.
   (C) IF A PERSON CHARGED WITH A PARKING VIOLATION DENIES ALL OR PART OF
 THE VIOLATION AS CHARGED IN THE NOTICE OF VIOLATION, THEY  MAY  ENTER  A
 PLEA  OF NOT GUILTY, PERSONALLY OR THROUGH AN AUTHORIZED REPRESENTATIVE,
 IN PERSON AT ANY PARKING VIOLATIONS BUREAU OFFICE OR IN ANY  OTHER  FORM
 AND  MANNER AUTHORIZED BY SUCH BUREAU, WITHIN THE TIME ALLOWED FOR ENTRY
 OF SUCH PLEA, AND REQUEST A HEARING. THE PARKING VIOLATIONS BUREAU SHALL
 ADVISE THE PARTY ENTERING THE PLEA THAT THE HEARING SHALL  BE  AVAILABLE
 A. 1425--A                          3
 
 EITHER  IN  PERSON  OR  BY  ELECTRONIC  APPEARANCE, AT THE OPTION OF THE
 PERSON CHARGED OR THEIR AUTHORIZED REPRESENTATIVE.
   §  3.  Subdivision 1 of section 240 of the vehicle and traffic law, as
 amended by section 4 of part N of chapter 58 of the  laws  of  2025,  is
 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
 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  applicable  covered
 agency  or covered authority as such terms are defined in article ten of
 this chapter 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, contests such alle-
 gation,  the  bureau shall advise such person personally by such form of
 first class mail as the director may direct of the date  on  which  such
 person  must  appear, EITHER IN PERSON OR THROUGH ELECTRONIC APPEARANCE,
 AT THE OPTION OF SUCH PERSON, 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) a warning to advise the person so plead-
 ing or contesting that failure to appear EITHER  IN  PERSON  OR  THROUGH
 ELECTRONIC  APPEARANCE  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; (B) A STATEMENT ADVISING THE
 PERSON THAT THEY MAY REQUEST THAT THE HEARING BE  EITHER  IN  PERSON  OR
 A. 1425--A                          4
 
 HELD  BY  ELECTRONIC APPEARANCE; AND (C) A STATEMENT OF THE HARDWARE AND
 SOFTWARE REQUIREMENTS FOR ACCESS TO AN ELECTRONIC APPEARANCE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law; and shall expire and be deemed repealed
 September 1, 2028.