A. 3535 2
§ 375-A. DEFINITIONS. AS USED IN THIS ARTICLE, "SOUTHERN STATE PARK-
WAY HIGHWAY SAFETY CORRIDOR" OR "CORRIDOR" MEANS THE SOUTHERN STATE
PARKWAY.
§ 375-B. SOUTHERN STATE PARKWAY HIGHWAY SAFETY CORRIDOR. THE CORRIDOR
SHALL BE DESIGNATED AS A HIGHWAY SAFETY CORRIDOR IN WHICH INCREASED
PENALTIES WILL APPLY FOR VIOLATIONS RELATING TO THE DUTY OF A DRIVER
UNDER THE VEHICLE AND TRAFFIC LAW PROVIDED THERE IS A WRITTEN COMMITMENT
FROM THE LOCAL AND STATE LAW ENFORCEMENT AGENCIES RESPONSIBLE FOR HIGH-
WAY PATROL ALONG THE CORRIDOR TO PROVIDE VISIBLE, SUSTAINED ENFORCEMENT
ACTIVITY WITHIN THE LIMITS OF THE MARKED CORRIDOR.
§ 375-C. TRAFFIC SIGNS. TRAFFIC SIGNS SHALL BE INSTALLED AS FOLLOWS:
1. A SIGN READING "SAFETY CORRIDOR-ELECTRONIC SPEED ENFORCEMENT AND
FINES DOUBLED" SHALL BE INSTALLED AS CLOSE AS PRACTICAL TO THE BEGINNING
OF THE SOUTHERN STATE PARKWAY HIGHWAY SAFETY CORRIDOR AND AFTER EACH
INTERCHANGE ALONG THE CORRIDOR; AND
2. A SIGN READING "END SAFETY CORRIDOR ZONE" SHALL BE INSTALLED IMME-
DIATELY AT THE END OF EACH HIGHWAY SAFETY CORRIDOR.
§ 3. 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
A. 3535 3
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter, or (g) to adjudicate the liability of owners for
violations of section three hundred eighty-five of this chapter and the
rules of the department of transportation of the city of New York in
relation to gross vehicle weight and/or axle weight violations imposed
pursuant to a weigh in motion demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with such gross vehicle weight and/or axle weight restrictions
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter, 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, such tribunal and the rules and regulations pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR
VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY-H 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 SAFETY CORRIDOR THROUGH THE INSTALLATION AND OPERATION OF
PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE
THIRTY OF THIS CHAPTER, SUCH TRIBUNAL AND THE RULES AND REGULATIONS
PERTAINING THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH
SUCH SECTIONS.
§ 4. 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
A. 3535 4
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such posted maximum speed limits through the
installation and operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter, or (c) to adjudicate
the liability of owners for violations of bus lane restrictions as
defined by article twenty-four of this chapter imposed pursuant to a bus
rapid transit program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus lane
restrictions through the installation and operation of bus lane photo
devices, in accordance with article twenty-four of this chapter, or (d)
to adjudicate the liability of owners for violations of toll collection
regulations imposed by certain public authorities pursuant to the law
authorizing such public authorities to impose monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
toll collection regulations of such public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty, or (e) to adjudicate the liability of owners for
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 SUBDIVISION (B),
(D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H 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
A. 3535 5
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, SUCH TRIBUNAL AND THE RULES AND REGULATIONS PERTAINING
THERETO SHALL BE CONSTITUTED IN SUBSTANTIAL CONFORMANCE WITH SUCH
SECTIONS. 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.
§ 5. 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:
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 CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H OF THIS
CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR THROUGH THE INSTALLATION AND
OPERATION 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
A. 3535 6
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-relat-
ed 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 opera-
tion-related photo devices, in accordance with article twenty-four of
this chapter.
§ 6. Subdivisions 1 and 1-a 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
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 CERTAIN POSTED MAXIMUM
SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR
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, contests such allegation,
A. 3535 7
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]
THE PERSON must appear to answer the charge at a hearing. The form and
content of such notice of hearing shall be prescribed by the director,
and shall contain a warning to advise the person so pleading or contest-
ing that failure to appear on the date designated, or on any subsequent
adjourned date, shall be deemed an admission of liability, and that a
default judgment may be entered thereon.
1-a. Fines and penalties. Whenever a plea of not guilty has been
entered, or the bureau has been notified that an allegation of liability
in accordance with provisions of law specifically authorizing the impo-
sition of monetary liability on the owner of a vehicle for failure of an
operator thereof: to comply with traffic-control indications 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 CERTAIN POSTED MAXIMUM
SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR
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, is being contested, by a
person in a timely fashion and a hearing upon the merits has been
demanded, but has not yet been held, the bureau shall not issue any
notice of fine or penalty to that person prior to the date of the hear-
ing.
A. 3535 8
§ 7. 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 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),
(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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H
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 IN VIOLATION
OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H
OF THIS CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR THROUGH THE INSTALLA-
TION AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN
A. 3535 9
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 fail-
ure 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 allegation 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 demon-
stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with such bus operation-re-
lated traffic regulations through the installation and operation of bus
operation-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
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;
OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H 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 SAFETY CORRI-
DOR THROUGH THE INSTALLATION AND OPERATION 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
A. 3535 10
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, is contested. Recording
devices may be used for the making of the record.
§ 8. 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] THE HEARING EXAM-
INER may examine either the prior parking violations record or the
record of liabilities incurred 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 CERTAIN POSTED MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVI-
SION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H OF THIS
CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR 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
A. 3535 11
of New York through the installation and operation of bus operation-re-
lated 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 CERTAIN POSTED MAXIMUM SPEED LIMITS IN
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY-H OF THIS CHAPTER WITHIN A HIGHWAY SAFETY CORRIDOR 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 instal-
lation and operation of photo-monitoring systems, in accordance with the
provisions of section two thousand nine hundred eighty-five of the
public authorities law and sections sixteen-a, sixteen-b and sixteen-c
of chapter seven hundred seventy-four of the laws of nineteen hundred
fifty; to stop for a school bus displaying a red visual signal in
violation of section eleven hundred seventy-four of this chapter through
the installation and operation of school bus photo violation monitoring
systems, in accordance with article twenty-nine of this chapter; to
comply with certain posted maximum speed limits in violation of subdivi-
sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter 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 depart-
ment of transportation of the city of New York through the installation
and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter; or to comply with bus oper-
ation-related traffic regulations as defined by article twenty-four of
this chapter in violation of the rules of the department of transporta-
tion 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 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
A. 3535 12
bureau. However, after the expiration of the original date prescribed
for entering a plea and before a default judgment may be rendered, in
such case the bureau shall pursuant to the applicable provisions of law
notify such operator or owner, by such form of first class mail as the
commission may direct; (1) of the violation charged, or liability
alleged in accordance with any provisions of law specifically 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; OR TO COMPLY WITH CERTAIN POSTED
MAXIMUM SPEED LIMITS IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER WITHIN A HIGHWAY SAFETY
CORRIDOR 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, (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 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
A. 3535 13
chapter through the installation and operation of traffic-control signal
photo violation-monitoring systems, in accordance with article twenty-
four of this chapter; to comply with certain posted maximum speed limits
in violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter through the installation and operation of
photo speed violation monitoring systems, in accordance with article
thirty of this chapter; to comply with bus lane restrictions as defined
by article twenty-four of this chapter through the installation and
operation of bus lane photo devices, in accordance with article twenty-
four of this chapter; to comply with toll collection regulations of
certain public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty; to stop for a school
bus displaying a red visual signal in violation of section eleven
hundred seventy-four of this chapter through the installation and opera-
tion of school bus photo violation monitoring systems, in accordance
with article twenty-nine of this chapter; 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; 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 making an appearance within thirty days of the sending of
such notice. Pleas entered and allegations contested within that period
shall be in the manner prescribed in the notice and not subject to addi-
tional penalty or fee. Such notice of impending default judgment shall
not be required prior to the rendering and entry thereof in the case of
operators or owners who are non-residents of the state of New York. In
no case shall a default judgment be rendered or, where required, a
notice of impending default judgment be sent, more than two years after
the expiration of the time prescribed for entering a plea or contesting
an allegation. When a person has demanded a hearing, no fine or penalty
shall be imposed for any reason, prior to the holding of the hearing. If
the hearing examiner shall make a determination on the charges, sustain-
ing them, [he or she] THE HEARING EXAMINER shall impose no greater
penalty or fine than those upon which the person was originally charged.
§ 9. Paragraph a of subdivision 5-a of section 401 of the vehicle and
traffic law, as separately added by chapters 421, 460 and 773 of the
laws of 2021, subparagraph (i) as amended by section 8 of part MM of
chapter 56 of the laws of 2023, is amended to read as follows:
a. [(i)] If at the time of application for a registration or renewal
thereof there is a certification from a court, parking violations
bureau, traffic and parking violations agency or administrative tribunal
of appropriate jurisdiction that the registrant or [his or her] THE
REGISTRANT'S representative failed to appear on the return date or any
A. 3535 14
subsequent adjourned date or failed to comply with the rules and regu-
lations of an administrative tribunal following entry of a final deci-
sion 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 vehicle was operated for hire by the registrant or [his
or her] THE REGISTRANT'S 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-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 (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 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 (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 chapter; 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 opera-
tion of school bus photo violation monitoring systems, in accordance
with article twenty-nine of this chapter; or (vi) the registrant was
liable for a violation of section three hundred eighty-five of this
chapter and the rules of the department of transportation of the city of
New York in relation to gross vehicle weight and/or axle weight
violations imposed pursuant to a weigh in motion demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with such gross vehicle weight and/or axle
weight restrictions through the installation and operation of weigh in
motion violation monitoring systems, in accordance with article ten of
this chapter; 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 mone-
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, or (viii) THE REGISTRANT WAS LIABLE FOR
A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN
HUNDRED EIGHTY-H OF THIS CHAPTER IMPOSED PURSUANT TO A DEMONSTRATION
PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL-
A. 3535 15
URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM SPEED
LIMITS WITHIN A HIGHWAY SAFETY CORRIDOR THROUGH THE INSTALLATION AND
OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE THIRTY OF THIS CHAPTER, OR (IX) 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 demon-
stration program imposing monetary liability on the owner of a vehicle
for failure of an operator thereof to comply with such bus operation-re-
lated traffic regulations through the installation and operation of bus
operation-related photo devices, in accordance with article twenty-four
of this chapter, the commissioner or [his or her] THE COMMISSIONER'S
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 administra-
tive tribunal that [he or she] THE REGISTRANT has complied with the
rules and regulations of said tribunal following entry of a final deci-
sion. Where an application is denied pursuant to this section, the
commissioner may, in [his or her] THE COMMISSIONER'S 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 commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able 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.
[(ii)] For purposes of this paragraph, the term "motor vehicle oper-
ated for hire" shall mean and include a taxicab, livery, coach, limou-
sine or tow truck.
§ 10. 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
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-
A. 3535 16
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 (H) FOR VIOLATIONS OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY-H 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.
§ 11. 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. 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
A. 3535 17
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-
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 SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY-H OF THIS CHAPTER IMPOSED PURSUANT TO A DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
A. 3535 18
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH POSTED MAXIMUM
SPEED LIMITS WITHIN A HIGHWAY SAFETY CORRIDOR THROUGH THE INSTALLATION
AND OPERATION OF PHOTO SPEED VIOLATION MONITORING SYSTEMS, IN ACCORDANCE
WITH ARTICLE THIRTY OF THIS CHAPTER, and [(ix)] (X) 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 operation-related traffic regulations through the installation
and operation of bus operation-related photo devices, in accordance with
article 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.
§ 12. Section 371-a of the general municipal law, as separately added
by chapters 421, 460 and 773 of the laws of 2021, is amended to read as
follows:
§ 371-a. Additional jurisdiction and procedure related to the adjudi-
cation of certain notices of liability. A traffic violations bureau
established pursuant to subdivision one and a traffic and parking
violations agency established pursuant to subdivision two of section
three hundred seventy-one of this article may be authorized to adjudi-
cate, in accordance with the provisions of this article, the liability
of owners: (a) for violations of subdivision (d) of section eleven
hundred eleven of the vehicle and traffic law imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of the vehicle and traffic law; or (b) for violations of
section eleven hundred seventy-four of the vehicle and traffic law when
meeting a school bus marked and equipped as provided in subdivisions
twenty and twenty-one-c of section three hundred seventy-five of the
vehicle and traffic law imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with school bus red visual signals through
the installation and operation of school bus photo violation monitoring
systems, in accordance with article twenty-nine of the vehicle and traf-
fic law; or (c) for violations of subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of the vehicle and traffic law 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 main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; OR (D) FOR VIOLATIONS OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY-H OF THE VEHICLE AND TRAFFIC LAW 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 MAIN-
TENANCE WORK AREA THROUGH THE INSTALLATION AND OPERATION OF PHOTO SPEED
VIOLATION MONITORING SYSTEMS, IN ACCORDANCE WITH ARTICLE THIRTY OF THE
VEHICLE AND TRAFFIC LAW.
§ 13. The vehicle and traffic law is amended by adding a new section
1180-h to read as follows:
§ 1180-H. OWNER LIABILITY FOR FAILURE OF OPERATOR TO COMPLY WITH
CERTAIN POSTED MAXIMUM SPEED LIMITS. (A) 1. NOTWITHSTANDING ANY OTHER
A. 3535 19
PROVISION OF LAW, THE COMMISSIONER IS HEREBY AUTHORIZED TO ESTABLISH A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED LIMITS IN A HIGHWAY SAFETY CORRIDOR. THE COMMISSIONER, IN CONSUL-
TATION WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, SHALL
DETERMINE THE LOCATION IN THE HIGHWAY SAFETY CORRIDOR IN WHICH TO
INSTALL AND OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS. IN SELECT-
ING A LOCATION IN A HIGHWAY SAFETY CORRIDOR IN WHICH TO INSTALL AND
OPERATE A PHOTO SPEED VIOLATION MONITORING SYSTEM, THE COMMISSIONER
SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO, THE SPEED DATA,
CRASH HISTORY, AND ROADWAY GEOMETRY APPLICABLE TO SUCH HIGHWAY SAFETY
CORRIDOR. A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE
INSTALLED OR OPERATED ON A CONTROLLED-ACCESS HIGHWAY EXIT RAMP.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AFTER HOLDING A PUBLIC
HEARING IN ACCORDANCE WITH THE PUBLIC OFFICERS LAW AND SUBSEQUENT
APPROVAL OF THE ESTABLISHMENT OF A DEMONSTRATION PROGRAM IN ACCORDANCE
WITH THIS SECTION BY A MAJORITY OF THE MEMBERS OF THE ENTIRE BOARD OF
THE THRUWAY AUTHORITY, THE CHAIR IS HEREBY AUTHORIZED TO ESTABLISH A
DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED MAXIMUM
SPEED LIMITS IN A HIGHWAY SAFETY CORRIDOR. THE CHAIR, IN CONSULTATION
WITH THE SUPERINTENDENT OF THE DIVISION OF STATE POLICE, SHALL DETERMINE
THE LOCATION OF THE HIGHWAY SAFETY CORRIDOR LOCATED ON THE THRUWAY IN
WHICH TO INSTALL AND OPERATE PHOTO SPEED VIOLATION MONITORING SYSTEMS.
IN SELECTING AN AREA IN WHICH TO INSTALL AND OPERATE A PHOTO SPEED
VIOLATION MONITORING SYSTEM, THE CHAIR SHALL CONSIDER CRITERIA INCLUD-
ING, BUT NOT LIMITED TO, THE SPEED DATA, CRASH HISTORY, AND ROADWAY
GEOMETRY APPLICABLE TO SUCH HIGHWAY SAFETY CORRIDOR. A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR OPERATED ON A
THRUWAY EXIT RAMP.
3. NO PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE USED IN A HIGH-
WAY SAFETY CORRIDOR UNLESS (I) ON THE DAY IT IS TO BE USED IT HAS
SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNCTIONS; AND (II) IT HAS UNDER-
GONE AN ANNUAL CALIBRATION CHECK PERFORMED PURSUANT TO PARAGRAPH FIVE OF
THIS SUBDIVISION. THE COMMISSIONER OR CHAIR, AS APPLICABLE, SHALL
INSTALL SIGNS GIVING NOTICE THAT A PHOTO SPEED VIOLATION MONITORING
SYSTEM IS IN USE, IN CONFORMANCE WITH STANDARDS ESTABLISHED IN THE
MUTCD.
4. OPERATORS OF PHOTO SPEED VIOLATION MONITORING SYSTEMS SHALL HAVE
COMPLETED TRAINING IN THE PROCEDURES FOR SETTING UP, TESTING, AND OPER-
ATING SUCH SYSTEMS. EACH SUCH OPERATOR SHALL COMPLETE AND SIGN A DAILY
SET-UP LOG FOR EACH SUCH SYSTEM THAT THE OPERATOR OPERATES THAT (I)
STATES THE DATE AND TIME WHEN, AND THE LOCATION WHERE, THE SYSTEM WAS
SET UP THAT DAY, AND (II) STATES THAT SUCH OPERATOR SUCCESSFULLY
PERFORMED, AND THE SYSTEM PASSED, THE SELF-TESTS OF SUCH SYSTEM BEFORE
PRODUCING A RECORDED IMAGE THAT DAY. THE COMMISSIONER OR THE CHAIR, AS
APPLICABLE, SHALL RETAIN EACH SUCH DAILY LOG UNTIL THE LATER OF THE DATE
ON WHICH THE PHOTO SPEED VIOLATION MONITORING SYSTEM TO WHICH IT APPLIES
HAS BEEN PERMANENTLY REMOVED FROM USE OR THE FINAL RESOLUTION OF ALL
CASES INVOLVING NOTICES OF LIABILITY ISSUED BASED ON PHOTOGRAPHS, MICRO-
PHOTOGRAPHS, VIDEO OR OTHER RECORDED IMAGES PRODUCED BY SUCH SYSTEM.
5. EACH PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL UNDERGO AN ANNU-
AL CALIBRATION CHECK PERFORMED BY AN INDEPENDENT CALIBRATION LABORATORY
WHICH SHALL ISSUE A SIGNED CERTIFICATE OF CALIBRATION. THE COMMISSIONER
OR THE CHAIR, AS APPLICABLE, SHALL KEEP EACH SUCH ANNUAL CERTIFICATE OF
CALIBRATION ON FILE UNTIL THE FINAL RESOLUTION OF ALL CASES INVOLVING A
A. 3535 20
NOTICE OF LIABILITY ISSUED DURING SUCH YEAR WHICH WERE BASED ON PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY
SUCH PHOTO SPEED VIOLATION MONITORING SYSTEM.
6. (I) SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES
TO ENSURE, TO THE EXTENT PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY SUCH PHOTO SPEED
VIOLATION MONITORING SYSTEMS SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE
DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEV-
ER, 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 VEHICLES WHERE THE COMMISSIONER OR THE
CHAIR, AS APPLICABLE, SHOWS THAT THEY MADE REASONABLE EFFORTS TO COMPLY
WITH THE PROVISIONS OF THIS PARAGRAPH IN SUCH CASE.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL BE FOR THE
EXCLUSIVE USE OF THE COMMISSIONER OR THE CHAIR, AS APPLICABLE, FOR THE
PURPOSE OF THE ADJUDICATION OF LIABILITY IMPOSED PURSUANT TO THIS
SECTION AND OF THE OWNER RECEIVING A NOTICE OF LIABILITY PURSUANT TO
THIS SECTION, AND SHALL BE DESTROYED BY THE COMMISSIONER OR CHAIR, AS
APPLICABLE, 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, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A PHOTO SPEED
VIOLATION MONITORING SYSTEM SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT
TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR
ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEEDING THEREIN
EXCEPT THAT WHICH IS NECESSARY FOR THE 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
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
A. 3535 21
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.
(B) IF THE COMMISSIONER OR CHAIR ESTABLISHES 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, WITHIN A HIGHWAY SAFETY CORRIDOR LOCATED ON A CONTROLLED-AC-
CESS HIGHWAY OR ON THE THRUWAY IN VIOLATION OF PARAGRAPH TWO OF SUBDIVI-
SION (D) OR SUBDIVISION (F), OR WHEN OTHER SPEED LIMITS ARE IN EFFECT IN
VIOLATION OF SUBDIVISION (B) OR (G) OR PARAGRAPH ONE OF SUBDIVISION (D),
OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, SUCH VEHICLE WAS TRAV-
ELING AT A SPEED OF MORE THAN TEN MILES PER HOUR ABOVE THE POSTED SPEED
LIMIT IN EFFECT WITHIN SUCH HIGHWAY SAFETY CORRIDOR, AND SUCH VIOLATION
IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO SPEED VIOLATION MONI-
TORING SYSTEM; PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE
LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE OPERATOR
OF SUCH VEHICLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "CHAIR" SHALL MEAN THE CHAIR OF THE NEW YORK STATE THRUWAY AUTHORI-
TY;
2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF TRANSPORTATION;
3. "CONTROLLED-ACCESS HIGHWAY" SHALL MEAN A CONTROLLED-ACCESS HIGHWAY
AS DEFINED BY SECTION ONE HUNDRED NINE OF THIS CHAPTER UNDER THE COMMIS-
SIONER'S JURISDICTION WHICH HAS BEEN FUNCTIONALLY CLASSIFIED BY THE
DEPARTMENT OF TRANSPORTATION AS PRINCIPAL ARTERIAL - INTERSTATE OR PRIN-
CIPAL ARTERIAL - OTHER FREEWAY/EXPRESSWAY ON OFFICIAL FUNCTIONAL CLASSI-
FICATION MAPS APPROVED BY THE FEDERAL HIGHWAY ADMINISTRATION PURSUANT TO
PART 470.105 OF TITLE 23 OF THE CODE OF FEDERAL REGULATIONS, AS AMENDED
FROM TIME TO TIME;
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 PURSUANT TO SECTION SIXTEEN
HUNDRED EIGHTY OF THIS CHAPTER;
5. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER;
6. "PHOTO SPEED VIOLATION MONITORING SYSTEM" SHALL MEAN A VEHICLE
SENSOR INSTALLED TO WORK IN CONJUNCTION WITH A SPEED MEASURING DEVICE
WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE MICRO-
PHOTOGRAPHS, A VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE AT THE
TIME IT IS USED OR OPERATED IN A HIGHWAY SAFETY CORRIDOR LOCATED ON A
CONTROLLED-ACCESS HIGHWAY OR ON THE THRUWAY IN VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
A. 3535 22
7. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW; AND
8. "THRUWAY" SHALL MEAN GENERALLY A DIVIDED HIGHWAY UNDER THE JURIS-
DICTION OF THE THRUWAY AUTHORITY FOR MIXED TRAFFIC WITH ACCESS LIMITED
AS THE THRUWAY AUTHORITY MAY DETERMINE AND GENERALLY WITH GRADE SEPA-
RATIONS AT INTERSECTIONS.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE COMMISSIONER OR CHAIR AS APPLICABLE, OR A FACSIMILE THEREOF, BASED
UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY A PHOTO SPEED VIOLATION MONITORING SYSTEM,
SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTO-
GRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING
SUCH A VIOLATION SHALL INCLUDE AT LEAST TWO DATE AND TIME STAMPED IMAGES
OF THE REAR OF THE MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT
NEAR THE MOTOR VEHICLE AND SHALL BE AVAILABLE FOR INSPECTION REASONABLY
IN ADVANCE OF AND AT ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO A
DEMONSTRATION PROGRAM ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
LIABLE FOR MONETARY PENALTIES NOT TO EXCEED FIFTY DOLLARS FOR A FIRST
VIOLATION, SEVENTY-FIVE DOLLARS FOR A SECOND VIOLATION BOTH OF WHICH
WERE COMMITTED WITHIN A PERIOD OF EIGHTEEN MONTHS, AND ONE HUNDRED
DOLLARS FOR A THIRD OR SUBSEQUENT VIOLATION ALL OF WHICH WERE COMMITTED
WITHIN A PERIOD OF EIGHTEEN MONTHS; PROVIDED, HOWEVER, THAT AN ADDI-
TIONAL PENALTY NOT IN EXCESS OF TWENTY-FIVE DOLLARS FOR EACH VIOLATION
MAY BE IMPOSED FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITH-
IN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE DEMONSTRATION PROGRAM ESTAB-
LISHED PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN
OPERATOR AND SHALL NOT BE MADE PART OF THE OPERATING RECORD OF THE
PERSON UPON WHOM SUCH LIABILITY IS IMPOSED NOR SHALL IT BE USED FOR
INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
(G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, WITHIN FOURTEEN BUSINESS DAYS IF SUCH OWNER IS
A RESIDENT OF THIS STATE AND WITHIN FORTY-FIVE BUSINESS DAYS IF SUCH
OWNER IS A NON-RESIDENT. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE
ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.
2. A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
(B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE
PURSUANT TO THIS SECTION, THE REGISTRATION NUMBER OF THE VEHICLE
INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, THE IDENTIFICATION NUMBER OF
THE CAMERA WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR
NUMBER, AT LEAST TWO DATE AND TIME STAMPED IMAGES OF THE REAR OF THE
MOTOR VEHICLE THAT INCLUDE THE SAME STATIONARY OBJECT NEAR THE MOTOR
VEHICLE, AND THE CERTIFICATE CHARGING THE LIABILITY.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH THE PERSON MAY
A. 3535 23
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A PROMINENT WARNING TO ADVISE THE PERSON CHARGED THAT
FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN
ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THERE-
ON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE COMMIS-
SIONER OR CHAIR AS APPLICABLE, OR BY ANY OTHER ENTITY AUTHORIZED BY THE
COMMISSIONER OR CHAIR TO PREPARE AND MAIL SUCH NOTICE OF LIABILITY.
(H) ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS OF THIS SECTION
SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW WHERE THE VIOLATION
OCCURRED OR, IF THERE BE NONE, BY THE COURT HAVING JURISDICTION OVER
TRAFFIC INFRACTIONS WHERE THE VIOLATION OCCURRED, EXCEPT THAT IF A CITY
HAS ESTABLISHED AN ADMINISTRATIVE TRIBUNAL TO HEAR AND DETERMINE
COMPLAINTS OF TRAFFIC INFRACTIONS CONSTITUTING PARKING, STANDING OR
STOPPING VIOLATIONS SUCH CITY MAY, BY LOCAL LAW, AUTHORIZE SUCH ADJUDI-
CATION BY SUCH TRIBUNAL.
(I) IF AN OWNER RECEIVES A NOTICE OF LIABILITY PURSUANT TO THIS
SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE OR THE NUMBER PLATE
OR PLATES OF SUCH VEHICLE WAS REPORTED TO THE POLICE DEPARTMENT AS
HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE TO AN ALLEGATION OF
LIABILITY FOR A VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
VEHICLE OR THE NUMBER PLATE OR PLATES OF SUCH VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION, IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE OR NUMBER PLATE OR
PLATES OF SUCH VEHICLE BE SENT BY FIRST CLASS MAIL TO THE TRAFFIC
VIOLATIONS BUREAU, COURT HAVING JURISDICTION OR PARKING VIOLATIONS
BUREAU.
(J) 1. WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON OWNERS PURSU-
ANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU OR A COURT HAVING
JURISDICTION, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION,
PROVIDED THAT THE OWNER SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT
HAVING JURISDICTION A COPY OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT
DOCUMENT COVERING SUCH VEHICLE ON THE DATE OF THE VIOLATION, WITH THE
NAME AND ADDRESS OF THE LESSEE CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS
AFTER RECEIVING NOTICE FROM THE BUREAU OR COURT OF THE DATE AND TIME OF
SUCH VIOLATION, TOGETHER WITH THE OTHER INFORMATION CONTAINED IN THE
ORIGINAL NOTICE OF LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN
SUCH THIRTY-SEVEN DAY TIME PERIOD SHALL RENDER THE OWNER LIABLE FOR THE
PENALTY PRESCRIBED BY THIS SECTION. WHERE THE LESSOR COMPLIES WITH THE
PROVISIONS OF THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF
SUCH VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR
PURPOSES OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR THE
VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS ARTICLE PURSUANT TO THIS SECTION AND SHALL BE SENT A
NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS SECTION.
2. (I) IN A CITY WHICH, BY LOCAL LAW, HAS AUTHORIZED THE ADJUDICATION
OF LIABILITY IMPOSED UPON OWNERS BY THIS SECTION BY A PARKING VIOLATIONS
BUREAU, AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
A. 3535 24
NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF
SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE, PROVIDED THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
ACCORDANCE WITH THE PROVISIONS OF SECTION TWO HUNDRED THIRTY-NINE OF
THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE 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 THE
BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION, TOGETHER
WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY THE BUREAU
PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
(II) FAILURE TO COMPLY WITH CLAUSE (B) OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
(III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
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 PURSUANT TO THIS SECTION AND
SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF THIS
SECTION.
(K) 1. IF THE OWNER LIABLE FOR A VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE PURSUANT TO
THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE AT THE TIME OF THE
VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST
THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR OPERATED SUCH
VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR (G) OF SECTION
ELEVEN HUNDRED EIGHTY OF THIS ARTICLE. FOR PURPOSES OF THIS SUBDIVISION
THERE SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPER-
ATING SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERA-
TOR OPERATED SUCH VEHICLE IN VIOLATION OF SUBDIVISION (B), (D), (F) OR
(G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(L) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF SUBDIVISION (B), (D),
(F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS ARTICLE.
(M) IF THE COMMISSIONER OR CHAIR ADOPTS A DEMONSTRATION PROGRAM PURSU-
ANT TO SUBDIVISION (A) OF THIS SECTION THE COMMISSIONER OR CHAIR, AS
APPLICABLE, SHALL CONDUCT A STUDY AND SUBMIT A REPORT ON OR BEFORE MAY
FIRST, TWO THOUSAND TWENTY-SIX AND A REPORT ON OR BEFORE MAY FIRST, TWO
THOUSAND TWENTY-EIGHT ON THE RESULTS OF THE USE OF PHOTO DEVICES TO THE
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY. THE COMMISSIONER OR CHAIR SHALL ALSO MAKE SUCH REPORTS AVAIL-
ABLE ON THEIR PUBLIC-FACING WEBSITES, PROVIDED THAT THEY MAY PROVIDE
AGGREGATE DATA FROM PARAGRAPH ONE OF THIS SUBDIVISION IF THE COMMISSION-
ER OR CHAIR FINDS THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARD-
IZE PUBLIC SAFETY. SUCH REPORT SHALL INCLUDE:
1. THE LOCATIONS WHERE AND DATES WHEN PHOTO SPEED VIOLATION MONITORING
SYSTEMS WERE USED;
2. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN ALL HIGHWAY SAFETY CORRIDOR
ON CONTROLLED-ACCESS HIGHWAYS OR ON THE THRUWAY, TO THE EXTENT THE
A. 3535 25
INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT
OF MOTOR VEHICLES OF THIS STATE;
3. THE AGGREGATE NUMBER, TYPE AND SEVERITY OF CRASHES, FATALITIES,
INJURIES AND PROPERTY DAMAGE REPORTED WITHIN THE HIGHWAY SAFETY CORRIDOR
WHERE PHOTO SPEED VIOLATION MONITORING SYSTEMS WERE USED, TO THE EXTENT
THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPART-
MENT OF MOTOR VEHICLES OF THIS STATE;
4. THE NUMBER OF VIOLATIONS RECORDED WITHIN ALL HIGHWAY SAFETY CORRI-
DORS ON CONTROLLED-ACCESS HIGHWAYS OR ON THE THRUWAY, IN THE AGGREGATE
ON A DAILY, WEEKLY AND MONTHLY BASIS TO THE EXTENT THE INFORMATION IS
MAINTAINED BY THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHI-
CLES OF THIS STATE;
5. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY SAFETY CORRI-
DOR WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED, IN THE
AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
6. TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER,
CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE, THE NUMBER OF
VIOLATIONS RECORDED WITHIN ALL HIGHWAY SAFETY CORRIDOR ON CONTROLLED-AC-
CESS HIGHWAYS OR ON THE THRUWAY THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
7. THE NUMBER OF VIOLATIONS RECORDED WITHIN EACH HIGHWAY SAFETY CORRI-
DOR WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED THAT WERE:
(I) MORE THAN TEN BUT NOT MORE THAN TWENTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(II) MORE THAN TWENTY BUT NOT MORE THAN THIRTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT;
(III) MORE THAN THIRTY BUT NOT MORE THAN FORTY MILES PER HOUR OVER THE
POSTED SPEED LIMIT; AND
(IV) MORE THAN FORTY MILES PER HOUR OVER THE POSTED SPEED LIMIT;
8. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS;
9. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS, TO
THE EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR
THE DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
10. THE NUMBER OF VIOLATIONS ADJUDICATED AND THE RESULTS OF SUCH ADJU-
DICATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE FOR VIOLATIONS
RECORDED BY SUCH SYSTEMS, TO THE EXTENT THE INFORMATION IS MAINTAINED BY
THE COMMISSIONER, CHAIR OR THE DEPARTMENT OF MOTOR VEHICLES OF THIS
STATE;
11. THE TOTAL AMOUNT OF REVENUE REALIZED BY THE STATE OR THRUWAY
AUTHORITY IN CONNECTION WITH THE PROGRAM;
12. THE EXPENSES INCURRED BY THE STATE OR THE THRUWAY AUTHORITY IN
CONNECTION WITH THE PROGRAM;
13. AN ITEMIZED LIST OF EXPENDITURES MADE BY THE STATE AND THE THRUWAY
AUTHORITY ON SAFETY CORRIDOR PROJECTS UNDERTAKEN IN ACCORDANCE WITH
SUBDIVISIONS ELEVEN AND TWELVE OF SECTION EIGHTEEN HUNDRED THREE OF THIS
CHAPTER; AND
A. 3535 26
14. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS, TO THE
EXTENT THE INFORMATION IS MAINTAINED BY THE COMMISSIONER, CHAIR OR THE
DEPARTMENT OF MOTOR VEHICLES OF THIS STATE.
(N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
VISION (B), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OF THIS
ARTICLE PURSUANT TO THIS SECTION THAT SUCH PHOTO SPEED VIOLATION MONI-
TORING SYSTEM WAS MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 14. Section 401 of the highway law, as renumbered by section 1 of
this act, is amended to read as follows:
§ 401. Saving clause. The repeal of a law, as specified in section
[three hundred and fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE shall
not affect or impair any contract, or any act done, or right accruing,
accrued or acquired or any penalty, forfeiture, or punishment incurred
prior to the time when this chapter or any section thereof takes effect,
under or by virtue of the laws so repealed, but the same may be
asserted, enforced, prosecuted, or inflicted, as fully and to the same
extent, as if such laws had not been repealed.
§ 15. Section 402 of the highway law, as added by chapter 506 of the
laws of 1936, and as renumbered by section 1 of this act, is amended to
read as follows:
§ 402. Effect of amendments to and repeals of provisions of the former
highway law. 1. An act of the legislature of the year nineteen hundred
thirty-six which, in form, amends or repeals or purports to amend or
repeal any provision or provisions of the former highway law shall be
legally effective notwithstanding the repeal of such former highway law
by section [three hundred fifty-three] FOUR HUNDRED FOUR OF THIS
ARTICLE, and shall be construed as an amendment or repeal, as the case
may be, of the corresponding provision or provisions of this chapter
irrespective of whether such provision or provisions are contained in
this chapter in one or more than one article, section, subdivision or
other part thereof and such corresponding provision or provisions shall
be deemed amended, modified, changed or repealed as though the same had
been expressly and in terms so amended or repealed.
2. An act of the legislature of the year nineteen hundred thirty-six
which adds or purports to add a new article, section, subdivision or
other provision of law to the former highway law shall be legally effec-
tive notwithstanding the repeal of such former highway law by section
[three hundred fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE and shall
be construed as having been added to this chapter and shall be given
full effect according to its context as if the same had been added
expressly and in terms to this chapter and shall be deemed to have been
inserted in this chapter in juxtaposition to and as modifying the effect
of the corresponding provision or provisions of this chapter.
3. The repeal of such former highway law by section [three hundred
fifty-three] FOUR HUNDRED FOUR OF THIS ARTICLE shall not be construed to
impair or affect the validity of any act of the legislature of the year
nineteen hundred thirty-six relating to highways, roads or bridges
because of any reference to or dependency on such former law but such
act shall be construed in connection with this chapter as though in
terms and in effect such act referred to or dependent upon this chapter.
§ 16. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such date.