A. 4523--B 2
MISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE DEPARTMENT AND
ANY PROCEEDING INITIATED BY THE DEPARTMENT INVOLVING LICENSURE PRIVI-
LEGES OF STREET CLEANING VEHICLE OPERATORS. ANY STREET CLEANING VEHICLE
PHOTO DEVICE MOUNTED ON A STREET CLEANING VEHICLE SHALL BE DIRECTED
OUTWARDLY FROM SUCH VEHICLE TO CAPTURE IMAGES OF VEHICLES OPERATED IN
VIOLATION OF STREET CLEANING PARKING RULES, AND IMAGES PRODUCED BY SUCH
DEVICE SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT
ORDER REQUIRING SUCH IMAGES TO BE PRODUCED.
3. NO STREET CLEANING VEHICLE PHOTO DEVICE SHALL BE USED UNLESS ON THE
DAY IT IS TO BE USED IT HAS SUCCESSFULLY PASSED A SELF-TEST OF ITS FUNC-
TIONS.
4. (I) THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO
PROTECT THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS
WHOSE IDENTITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A STREET
CLEANING PHOTO DEVICE. SUCH MEASURES SHALL INCLUDE:
(A) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES PRODUCED BY SUCH STREET CLEANING VEHICLE PHOTO DEVICE
SHALL NOT INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR
THE CONTENTS OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE
OF LIABILITY ISSUED PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY
BECAUSE SUCH A PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER
RECORDED IMAGE ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSEN-
GERS, OR THE CONTENTS OF VEHICLES WHERE THE CITY SHOWS THAT IT MADE
REASONABLE EFFORTS TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH IN
SUCH CASE; AND
(B) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE PRIVACY
PROTECTION MEASURES UNDER THIS SUBDIVISION.
(II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED
IMAGE FROM A STREET CLEANING VEHICLE PHOTO DEVICE SHALL BE FOR THE
EXCLUSIVE USE OF THE CITY FOR THE PURPOSE OF THE ADJUDICATION OF LIABIL-
ITY IMPOSED PURSUANT TO THIS SECTION AND OF THE OWNER RECEIVING A NOTICE
OF LIABILITY PURSUANT TO THIS SECTION, AND SHALL BE DESTROYED BY THE
CITY UPON THE FINAL RESOLUTION OF THE NOTICE OF LIABILITY TO WHICH SUCH
PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES
RELATE, OR ONE YEAR FOLLOWING THE DATE OF ISSUANCE OF SUCH NOTICE OF
LIABILITY, WHICHEVER IS LATER. NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A STREET
CLEANING VEHICLE PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR
SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY
COURT OR ADMINISTRATIVE OR ADJUDICATORY BODY IN ANY ACTION OR PROCEED-
ING 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 DEVICES:
(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
A. 4523--B 3
INFORMATION CONSTITUTES EVIDENCE OF, OR TENDS TO DEMONSTRATE THAT, A
MISDEMEANOR OR FELONY OFFENSE WAS COMMITTED IN THIS STATE OR ANOTHER
STATE, OR THAT A PARTICULAR PERSON PARTICIPATED IN THE COMMISSION OF A
MISDEMEANOR OR FELONY OFFENSE IN THIS STATE OR ANOTHER STATE, PROVIDED,
HOWEVER, THAT IF SUCH OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, THE
COURT SHALL ONLY ISSUE A WARRANT IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY
AGAINST THE LAWS OF THIS STATE; AND
(2) SHALL BE FURNISHED IN RESPONSE TO A SUBPOENA DUCES TECUM SIGNED BY
A JUDGE OF COMPETENT JURISDICTION AND ISSUED PURSUANT TO ARTICLE SIX
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW OR A JUDGE OR MAGISTRATE OF A
FEDERAL COURT AUTHORIZED TO ISSUE SUCH A SUBPOENA DUCES TECUM UNDER
FEDERAL LAW, WHERE THE JUDGE FINDS AND THE SUBPOENA STATES THAT THERE IS
REASONABLE CAUSE TO BELIEVE SUCH INFORMATION IS RELEVANT AND MATERIAL TO
THE PROSECUTION, OR THE DEFENSE, OR THE INVESTIGATION BY AN AUTHORIZED
LAW ENFORCEMENT OFFICIAL, OF THE ALLEGED COMMISSION OF A MISDEMEANOR OR
FELONY IN THIS STATE OR ANOTHER STATE, PROVIDED, HOWEVER, THAT IF SUCH
OFFENSE WAS AGAINST THE LAWS OF ANOTHER STATE, SUCH JUDGE OR MAGISTRATE
SHALL ONLY ISSUE SUCH SUBPOENA IF THE CONDUCT COMPRISING SUCH OFFENSE
WOULD, IF OCCURRING IN THIS STATE, CONSTITUTE A MISDEMEANOR OR FELONY IN
THIS STATE; AND
(3) MAY, IF LAWFULLY OBTAINED PURSUANT TO THIS CLAUSE AND CLAUSE (A)
OF THIS SUBPARAGRAPH AND OTHERWISE ADMISSIBLE, BE USED IN SUCH CRIMINAL
ACTION OR PROCEEDING.
(III) THE DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION IS
PROHIBITED FROM UTILIZING AND FROM ARRANGING FOR THE UTILIZATION OF
BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT LIMITED TO FACIAL
RECOGNITION TECHNOLOGY, FOR ANY PURPOSE. THE USE, AND THE ARRANGEMENT
FOR THE USE, OF BIOMETRIC IDENTIFYING TECHNOLOGY, INCLUDING BUT NOT
LIMITED TO FACIAL RECOGNITION TECHNOLOGY, ON PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE, OR ANY OTHER RECORDED IMAGE OR DATA PRODUCED BY A
STREET CLEANING PHOTO DEVICE, BY ANY PERSON FOR ANY PURPOSE, ARE PROHIB-
ITED. FOR PURPOSES OF THIS SUBPARAGRAPH, "PERSON" SHALL INCLUDE, BUT NOT
BE LIMITED TO, A HUMAN BEING, A PUBLIC OR PRIVATE CORPORATION, AN UNIN-
CORPORATED ASSOCIATION, A PARTNERSHIP, A GOVERNMENT OR A GOVERNMENTAL
INSTRUMENTALITY, A COURT OR AN ADMINISTRATIVE OR ADJUDICATORY BODY, AND
ANY EMPLOYEE, OFFICER, AND AGENT OF THE FOREGOING.
5. EVERY STREET CLEANING VEHICLE UPON WHICH A STREET CLEANING VEHICLE
PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMONSTRATION
PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH
SIGNS, PLACARDS OR OTHER DISPLAYS GIVING NOTICE TO MOTOR VEHICLE OPERA-
TORS THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO ENFORCE
STREET CLEANING PARKING RULES.
6. WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST SIXTY
DAYS THAT STREET CLEANING VEHICLE PHOTO DEVICES PURSUANT TO A DEMON-
STRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPERATION.
7. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES:
(I) TO UPGRADE SIGNAGE AT REGULAR INTERVALS WITHIN STREET CLEANING
ROUTES STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE USED TO
ENFORCE STREET CLEANING PARKING RULES ALONG SUCH ROUTES; AND
(II) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE
INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY STREET CLEANING
VEHICLE PHOTO DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY
UNDER THIS SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY
COURT ORDER; OR (C) AS OTHERWISE REQUIRED BY LAW.
A. 4523--B 4
(B) IF THE CITY OF NEW YORK HAS ESTABLISHED A 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
PARKED IN VIOLATION OF ANY STREET CLEANING PARKING RULE OF SUCH CITY AND
SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A STREET CLEAN-
ING VEHICLE PHOTO DEVICE.
(C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
1. "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY TOOL USING AN
AUTOMATED OR SEMI-AUTOMATED PROCESS THAT ASSISTS IN VERIFYING A PERSON'S
IDENTITY BASED ON A PERSON'S BIOMETRIC INFORMATION.
2. "BIOMETRIC INFORMATION" SHALL MEAN ANY MEASURABLE PHYSICAL, PHYSIO-
LOGICAL OR BEHAVIORAL CHARACTERISTICS THAT ARE ATTRIBUTABLE TO A PERSON,
INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT CHARAC-
TERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL CHARACTER-
ISTICS, AND ANY OTHER CHARACTERISTICS THAT CAN BE USED TO IDENTIFY A
PERSON INCLUDING, BUT NOT LIMITED TO: FINGERPRINTS; HANDPRINTS; RETINA
AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL GEOMETRY.
3. "FACIAL RECOGNITION" SHALL MEAN ANY TOOL USING AN AUTOMATED OR
SEMIAUTOMATED PROCESS THAT ASSISTS IN UNIQUELY IDENTIFYING OR VERIFYING
A PERSON BY COMPARING AND ANALYZING PATTERNS BASED ON THE PERSON'S FACE.
4. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
5. "STREET CLEANING ROUTES" SHALL MEAN STREET CLEANING ROUTES DESIG-
NATED BY THE NEW YORK CITY DEPARTMENT OF SANITATION THAT INCLUDE
UPGRADED SIGNAGE STATING THAT STREET CLEANING VEHICLE PHOTO DEVICES ARE
USED TO ENFORCE STREET CLEANING PARKING RULES.
6. "STREET CLEANING PARKING RULES" SHALL MEAN THE PROHIBITED PARKING
OF ANY VEHICLE ON ONE SIDE OF THE STREET TO ALLOW FOR CLEANING BY THE
NEW YORK CITY DEPARTMENT OF SANITATION DURING DESIGNATED TIME PERIODS AS
POSTED BY SIGN PURSUANT TO THE RULES OF THE NEW YORK CITY DEPARTMENT OF
TRANSPORTATION.
7. "STREET CLEANING VEHICLE" SHALL MEAN ANY VEHICLE OPERATED BY THE
NEW YORK CITY DEPARTMENT OF SANITATION THAT IS DESIGNED TO WASH DIRT AND
GRIME, AND REMOVE LITTER AND DEBRIS, FROM THE STREET SURFACE.
8. "STREET CLEANING VEHICLE PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS
MOUNTED ON A STREET CLEANING VEHICLE, IS CAPABLE OF OPERATING INDEPEND-
ENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH
VEHICLE AT THE TIME IT IS IN VIOLATION OF STREET CLEANING PARKING RULES.
(D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
THE CITY OF NEW YORK IN WHICH THE CHARGED VIOLATION OCCURRED, OR A
FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A STREET CLEANING
VEHICLE PHOTO DEVICE, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER
RECORDED IMAGES EVIDENCING SUCH A VIOLATION SHALL BE AVAILABLE FOR
INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY FOR SUCH
VIOLATION PURSUANT TO THIS SECTION.
(E) AN OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARKING RULE
IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORD-
ANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY THE PARKING
VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEVER, THAT THE
MONETARY PENALTY FOR VIOLATING A STREET CLEANING PARKING RULE SHALL NOT
EXCEED FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, FURTHER, THAT AN
OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-
A. 4523--B 5
FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE
OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
(F) AN IMPOSITION OF LIABILITY UNDER THE 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 A STREET
CLEANING PARKING RULE. PERSONAL DELIVERY ON THE OWNER SHALL NOT BE
REQUIRED. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDI-
NARY 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 VIOLATION OF A STREET CLEAN-
ING PARKING RULE, THE REGISTRATION NUMBER OF THE VEHICLE INVOLVED IN
SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK PLACE INCLUDING
THE STREET OR CROSS STREETS, ONE OR MORE IMAGES IDENTIFYING THE
VIOLATION, THE DATE AND TIME OF SUCH VIOLATION AND THE IDENTIFICATION
NUMBER OF THE STREET CLEANING VEHICLE PHOTO DEVICE THAT RECORDED THE
VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
3. THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY
CONTEST THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY
SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE
TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION
OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY AN AGENCY
OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY
AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
VIOLATION.
5. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
(H) IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY FOR VIOLATION OF A STREET
CLEANING PARKING RULE OF SUCH CITY, THAT THE VEHICLE HAD BEEN REPORTED
TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION OCCURRED AND HAD
NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE
PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED
COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS
MAIL TO THE PARKING VIOLATIONS BUREAU.
(I) 1. AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO SUBDIVISION (G) OF THIS SECTION SHALL
NOT BE LIABLE FOR THE VIOLATION OF THE STREET CLEANING PARKING RULE,
PROVIDED THAT:
(I) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(II) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF SUCH LIABILITY, TOGETHER WITH THE OTHER INFORMA-
TION CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS
TO SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
A. 4523--B 6
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
2. FAILURE TO COMPLY WITH SUBPARAGRAPH (II) OF PARAGRAPH ONE OF THIS
SUBDIVISION SHALL RENDER THE LESSOR LIABLE FOR THE PENALTY PRESCRIBED IN
THIS SECTION.
3. WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF PARAGRAPH ONE OF
THIS SUBDIVISION, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH
VIOLATION SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES
OF THIS SECTION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSU-
ANT TO THIS SECTION, AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
SUBDIVISION (G) OF THIS SECTION.
(J) 1. IF THE OWNER LIABLE FOR A VIOLATION OF A STREET CLEANING PARK-
ING RULE PURSUANT TO THIS SECTION WAS NOT THE OPERATOR OF THE VEHICLE
AT THE TIME OF SUCH VIOLATION, THE OWNER MAY MAINTAIN AN ACTION FOR
INDEMNIFICATION AGAINST THE OPERATOR.
2. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO OWNER OF A
VEHICLE SHALL BE SUBJECT TO A MONETARY FINE IMPOSED PURSUANT TO THIS
SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
OUT THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
STREET CLEANING PARKING RULE. FOR PURPOSES OF THIS SUBDIVISION THERE
SHALL BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE WAS OPERATING
SUCH VEHICLE WITH THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR
FAILED TO OBEY A STREET CLEANING PARKING RULE.
(K) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY
OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A STREET CLEANING PARK-
ING RULE.
(L) IF THE CITY OF NEW YORK ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO
SUBDIVISION (A) OF THIS SECTION, SUCH CITY'S DEPARTMENT OF SANITATION
SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF STREET CLEANING PARK-
ING RULE-RELATED PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY APRIL FIRST, TWO THOU-
SAND TWENTY-NINE AND EVERY TWO YEARS THEREAFTER. THE DEPARTMENT OF
SANITATION OF THE CITY OF NEW YORK 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 CITY FINDS
THAT PUBLISHING SPECIFIC LOCATION DATA WOULD JEOPARDIZE PUBLIC SAFETY.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
1. A DESCRIPTION OF THE LOCATIONS AND/OR VEHICLES WHERE STREET CLEAN-
ING VEHICLE PHOTO DEVICES WERE USED;
2. THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
BASIS;
3. THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
4. THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE FIRST
NOTICE OF LIABILITY;
5. THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
6. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND DEPARTMENT;
7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
8. THE TOTAL NUMBER OF CAMERAS;
9. THE TOTAL COST TO SUCH CITY; AND
10. AN ASSESSMENT BY THE NEW YORK CITY DEPARTMENT OF SANITATION OF
THE EFFICACY OF THE PROGRAM IN ENABLING SUCH DEPARTMENT TO CLEAN THE
CITY'S STREETS.
(M) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A
STREET CLEANING PARKING RULE PURSUANT TO A DEMONSTRATION PROGRAM ADOPTED
A. 4523--B 7
PURSUANT TO THIS SECTION THAT SUCH STREET CLEANING VEHICLE PHOTO DEVICES
WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION.
§ 2. Subdivision 1 of section 235 of the vehicle and traffic law, as
amended by section 1 of part N of chapter 58 of the laws of 2025, is
amended to read as follows:
1. Notwithstanding any inconsistent provision of any general, special
or local law or administrative code to the contrary, in any city which
heretofore or hereafter is authorized to establish an administrative
tribunal: (a) to hear and determine complaints of traffic infractions
constituting parking, standing or stopping violations, or (b) to adjudi-
cate the liability of owners for violations of subdivision (d) of
section eleven hundred eleven of this chapter imposed pursuant to a
local law or ordinance imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with traffic-con-
trol indications through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter, or (c) to adjudicate the liability of
owners for violations of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter, or (d) to adjudicate the liability of owners for
violations of bus lane restrictions as defined by article twenty-four of
this chapter imposed pursuant to a bus rapid transit program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such bus lane restrictions through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter, or (e) to adjudicate the liability of
owners for violations of toll collection regulations imposed by certain
public authorities pursuant to the law authorizing such public authori-
ties to impose monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with toll collection regulations of
such public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
the liability of owners for violations of section eleven hundred seven-
ty-four of this chapter when meeting a school bus marked and equipped as
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter, or (g) to adjudicate the liability of owners for
violations of section three hundred eighty-five of this chapter and the
rules of the applicable covered agency or covered authority as such
terms are defined in article ten of this chapter 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 instal-
lation and operation of weigh in motion violation monitoring systems, in
A. 4523--B 8
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 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 (J)
TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF STREET CLEANING
PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED
PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET
CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET
CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR
OF THIS CHAPTER, such tribunal and the rules and regulations pertaining
thereto shall be constituted in substantial conformance with the follow-
ing sections.
§ 3. Subdivision 1 of section 236 of the vehicle and traffic law, as
amended by section 2 of part N of chapter 58 of the laws of 2025, is
amended to read as follows:
1. Creation. In any city as hereinbefore or hereafter authorized such
tribunal when created shall be known as the parking violations bureau
and shall have jurisdiction of traffic infractions which constitute a
parking violation and, where authorized: (a) to adjudicate the liability
of owners for violations of subdivision (d) of section eleven hundred
eleven of this chapter imposed pursuant to a local law or ordinance
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic-control indications through the
installation and operation of traffic-control signal photo violation-
monitoring systems, in accordance with article twenty-four of this chap-
ter, or (b) to adjudicate the liability of owners for violations of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such posted maximum speed limits through the
installation and operation of photo speed violation monitoring systems,
in accordance with article thirty of this chapter, or (c) to adjudicate
the liability of owners for violations of bus lane restrictions as
defined by article twenty-four of this chapter imposed pursuant to a bus
rapid transit program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus lane
restrictions through the installation and operation of bus lane photo
devices, in accordance with article twenty-four of this chapter, or (d)
to adjudicate the liability of owners for violations of toll collection
regulations imposed by certain public authorities pursuant to the law
authorizing such public authorities to impose monetary liability on the
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
A. 4523--B 9
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 applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter 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 operation-related traffic regulations as
defined by article twenty-four of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter, OR (I) TO ADJUDICATE THE LIABILITY OF OWNERS
FOR VIOLATIONS OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE
TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE
INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN
ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal,
except in a city with a population of one million or more, shall also
have jurisdiction of abandoned vehicle violations. For the purposes of
this article, a parking violation is the violation of any law, rule or
regulation providing for or regulating the parking, stopping or standing
of a vehicle. In addition for purposes of this article, "commissioner"
shall mean and include the commissioner of traffic of the city or an
official possessing authority as such a commissioner.
§ 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
traffic law, as amended by section 3 of part N of chapter 58 of the laws
of 2025, 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
A. 4523--B 10
thirty of this chapter, section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty to impose monetary liability on the owner of a vehicle for
failure of an operator thereof: to comply with traffic-control indi-
cations in violation of subdivision (d) of section eleven hundred eleven
of this chapter through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter; or to comply with certain posted maxi-
mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
of section eleven hundred eighty of this chapter through the installa-
tion and operation of photo speed violation monitoring systems, in
accordance with article thirty of this chapter; or to comply with bus
lane restrictions as defined by article twenty-four of this chapter
through the installation and operation of bus lane photo devices, in
accordance with article twenty-four of this chapter; or to comply with
toll collection regulations of certain public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty; or to stop for a school bus displaying a red visual
signal in violation of section eleven hundred seventy-four of this chap-
ter through the installation and operation of school bus photo violation
monitoring systems, in accordance with article twenty-nine of this chap-
ter; or to comply with certain posted maximum speed limits in violation
of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
this chapter within a highway construction or maintenance work area
through the installation and operation of photo speed violation monitor-
ing systems, in accordance with article thirty of this chapter; or to
comply with gross vehicle weight and/or axle weight restrictions in
violation of section three hundred eighty-five of this chapter and the
rules of the applicable covered agency or covered authority as such
terms are defined in article ten of this chapter through the installa-
tion 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 TO COMPLY WITH STREET CLEANING PARKING RULES AS
DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION
AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER.
§ 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of
subdivision 1-b of section 240 of the vehicle and traffic law, subdivi-
sions 1 and 1-a as amended by section 4 of part N of chapter 58 of the
laws of 2025, and the opening paragraph of paragraph (a) of subdivision
1-b 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
A. 4523--B 11
chapter through the installation and operation of traffic-control signal
photo violation-monitoring systems, in accordance with article twenty-
four of this chapter; or to comply with certain posted maximum speed
limits in violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with bus lane restrictions
as defined by article twenty-four of this chapter through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; or to comply with toll collection regu-
lations of certain public authorities through the installation and oper-
ation of photo-monitoring systems, in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty; or to stop
for a school bus displaying a red visual signal in violation of section
eleven hundred seventy-four of this chapter through the installation and
operation of school bus photo violation monitoring systems, in accord-
ance with article twenty-nine of this chapter; or to comply with certain
posted maximum speed limits in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this chapter within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter; OR TO COMPLY WITH
STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS
CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHI-
CLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP-
TER, contests such allegation, the bureau shall advise such person
personally by such form of first class mail as the director may direct
of the date on which such 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 contesting that failure to appear on the date
designated, or on any subsequent adjourned date, shall be deemed an
admission of liability, and that a default judgment may be entered ther-
eon.
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
A. 4523--B 12
eleven hundred eighty of this chapter through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with bus lane restrictions
as defined by article twenty-four of this chapter through the installa-
tion and operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; or to comply with toll collection regu-
lations of certain public authorities through the installation and oper-
ation of photo-monitoring systems, in accordance with the provisions of
section two thousand nine hundred eighty-five of the public authorities
law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty; or to stop
for a school bus displaying a red visual signal in violation of section
eleven hundred seventy-four of this chapter through the installation and
operation of school bus photo violation monitoring systems, in accord-
ance with article twenty-nine of this chapter; or to comply with certain
posted maximum speed limits in violation of subdivision (b), (d), (f) or
(g) of section eleven hundred eighty of this chapter within a highway
construction or maintenance work area through the installation and oper-
ation of photo speed violation monitoring systems, in accordance with
article thirty of this chapter; or to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, OR TO COMPLY WITH
STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS
CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHI-
CLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAP-
TER, is being contested, by a person in a timely fashion and a hearing
upon the merits has been demanded, but has not yet been held, the bureau
shall not issue any notice of fine or penalty to that person prior to
the date of the hearing.
In a city having a population of one million or more, at every hearing
for the adjudication of a notice of liability, as provided by this arti-
cle, there shall be a rebuttable presumption that the owner of a first-
response emergency vehicle alleged to be liable in accordance with any
provisions of law specifically authorizing the imposition of monetary
liability on the owner of a vehicle for failure of an operator thereof:
to comply with traffic-control indications in violation of subdivision
(d) of section eleven hundred eleven of this chapter through the instal-
lation and operation of traffic-control signal photo violation-monitor-
ing systems, in accordance with article twenty-four of this chapter; or
to comply with certain posted maximum speed limits in violation of
subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; or to comply with bus lane restrictions as defined by article
twenty-four of this chapter through the installation and operation of
bus lane photo devices, in accordance with article twenty-four of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
A. 4523--B 13
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter; OR TO COMPLY WITH
STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS
CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING
VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS
CHAPTER is not liable for such alleged violation if such owner of the
first-response emergency vehicle provides the hearing officer with:
§ 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
and traffic law, as amended by section 5 of part N of chapter 58 of the
laws of 2025, 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
A. 4523--B 14
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 applicable covered agency or covered authority as such terms are
defined in article ten of this chapter in relation to gross vehicle
weight and/or axle weight violations imposed pursuant to a weigh in
motion demonstration program imposing monetary liability on the owner of
a vehicle for failure of an operator thereof to comply with such gross
vehicle weight and/or axle weight restrictions through the installation
and operation of weigh in motion violation monitoring systems, in
accordance with article ten of this chapter, or an allegation of liabil-
ity of an owner for a violation of bus operation-related traffic regu-
lations as defined by article twenty-four of this chapter imposed pursu-
ant 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 oper-
ation of bus operation-related photo devices, in accordance with article
twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE
TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONE-
TARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR
THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE
INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE 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;
to comply with gross vehicle weight and/or axle weight restrictions in
violation of section three hundred eighty-five of this chapter and the
A. 4523--B 15
rules of the applicable covered agency or covered authority as such
terms are defined in article ten of this chapter through the installa-
tion 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 TO COMPLY WITH STREET CLEANING PARKING RULES AS
DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION
AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE
WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is contested. Recording
devices may be used for the making of the record.
§ 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
law, as amended by section 6 of part N of chapter 58 of the laws of
2025, 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 such hearing examiner may
examine either the prior parking violations record or the record of
liabilities incurred in accordance with any provisions of law specif-
ically authorizing the imposition of monetary liability on the owner of
a vehicle for failure of an operator thereof: to comply with traffic-
control indications in violation of subdivision (d) of section eleven
hundred eleven of this chapter through the installation and operation of
traffic-control signal photo violation-monitoring systems, in accordance
with article twenty-four of this chapter; to comply with certain posted
maximum speed limits in violation of subdivision (b), (c), (d), (f) or
(g) of section eleven hundred eighty of this chapter through the instal-
lation and operation of photo speed violation monitoring systems, in
accordance with article thirty of this chapter; to comply with bus lane
restrictions as defined by article twenty-four of this chapter through
the installation and operation of bus lane photo devices, in accordance
with article twenty-four of this chapter; to comply with toll collection
regulations of certain public authorities through the installation and
operation of photo-monitoring systems, in accordance with the provisions
of section two thousand nine hundred eighty-five of the public authori-
ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty; to
stop for a school bus displaying a red visual signal in violation of
section eleven hundred seventy-four of this chapter through the instal-
lation and operation of school bus photo violation monitoring systems,
in accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; [or] to comply with bus operation-related traffic regulations
as defined by article twenty-four of this chapter in violation of the
rules of the department of transportation of the city of New York
A. 4523--B 16
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter; OR TO
COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-
FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET
CLEANING VEHICLE 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 penal-
ties.
2. Where an operator or owner fails to enter a plea to a charge of a
parking violation or contest an allegation of liability in accordance
with any provisions of law specifically authorizing the imposition of
monetary liability on the owner of a vehicle for failure of an operator
thereof: to comply with traffic-control indications in violation of
subdivision (d) of section eleven hundred eleven of this chapter through
the installation and operation of traffic-control signal photo viola-
tion-monitoring systems, in accordance with article twenty-four of this
chapter; to comply with certain posted maximum speed limits in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter; to comply with bus lane restrictions as defined by article
twenty-four of this chapter through the installation and operation of
bus lane photo devices, in accordance with article twenty-four of this
chapter; to comply with toll collection regulations of certain public
authorities through the installation and operation of photo-monitoring
systems, in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty; to stop for a school bus display-
ing a red visual signal in violation of section eleven hundred seventy-
four of this chapter through the installation and operation of school
bus photo violation monitoring systems, in accordance with article twen-
ty-nine of this chapter; to comply with certain posted maximum speed
limits in violation of subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of this chapter within a highway construction or main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; to comply with gross vehicle weight and/or axle weight
restrictions in violation of section three hundred eighty-five of this
chapter and the rules of the applicable covered agency or covered
authority as such terms are defined in article ten of this chapter
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter; [or]
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET
CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE 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
A. 4523--B 17
of the bureau, such failure to plead or contest, appear or comply shall
be deemed, for all purposes, an admission of liability and shall be
grounds for rendering and entering a default judgment in an amount
provided by the rules and regulations of the bureau. However, after the
expiration of the original date prescribed for entering a plea and
before a default judgment may be rendered, in such case the bureau shall
pursuant to the applicable provisions of law notify such operator or
owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, or liability alleged in accordance with
any provisions of law specifically authorizing the imposition of mone-
tary liability on the owner of a vehicle for failure of an operator
thereof: to comply with traffic-control indications in violation of
subdivision (d) of section eleven hundred eleven of this chapter through
the installation and operation of traffic-control signal photo viola-
tion-monitoring systems, in accordance with article twenty-four of this
chapter; to comply with certain posted maximum speed limits in violation
of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
eighty of this chapter through the installation and operation of photo
speed violation monitoring systems, in accordance with article thirty of
this chapter; to comply with bus lane restrictions as defined by article
twenty-four of this chapter through the installation and operation of
bus lane photo devices, in accordance with article twenty-four of this
chapter; to comply with toll collection regulations of certain public
authorities through the installation and operation of photo-monitoring
systems, in accordance with the provisions of section two thousand nine
hundred eighty-five of the public authorities law and sections
sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
of the laws of nineteen hundred fifty; to stop for a school bus display-
ing a red visual signal in violation of section eleven hundred seventy-
four of this chapter through the installation and operation of school
bus photo violation monitoring systems, in accordance with article twen-
ty-nine of this chapter; to comply with certain posted maximum speed
limits in violation of subdivision (b), (d), (f) or (g) of section elev-
en hundred eighty of this chapter within a highway construction or main-
tenance work area through the installation and operation of photo speed
violation monitoring systems, in accordance with article thirty of this
chapter; to comply with gross vehicle weight and/or axle weight
restrictions in violation of section three hundred eighty-five of this
chapter and the rules of the applicable covered agency or covered
authority as such terms are defined in article ten of this chapter
through the installation and operation of weigh in motion violation
monitoring systems, in accordance with article ten of this chapter; [or]
to comply with bus operation-related traffic regulations as defined by
article twenty-four of this chapter in violation of the rules of the
department of transportation of the city of New York through the instal-
lation and operation of bus operation-related photo devices, in accord-
ance with article twenty-four of this chapter; OR TO COMPLY WITH STREET
CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of
the impending default judgment, (3) that such judgment will be entered
in the Civil Court of the city in which the bureau has been established,
or other court of civil jurisdiction or any other place provided for the
entry of civil judgments within the state of New York, and (4) that a
default may be avoided by entering a plea or contesting an allegation of
liability in accordance with any provisions of law specifically author-
A. 4523--B 18
izing the imposition of monetary liability on the owner of a vehicle for
failure of an operator thereof: to comply with traffic-control indi-
cations in violation of subdivision (d) of section eleven hundred eleven
of this chapter through the installation and operation of traffic-con-
trol signal photo violation-monitoring systems, in accordance with arti-
cle twenty-four of this chapter; to comply with certain posted maximum
speed limits in violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with bus lane
restrictions as defined by article twenty-four of this chapter through
the installation and operation of bus lane photo devices, in accordance
with article twenty-four of this chapter; to comply with toll collection
regulations of certain public authorities through the installation and
operation of photo-monitoring systems, in accordance with the provisions
of section two thousand nine hundred eighty-five of the public authori-
ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
seven hundred seventy-four of the laws of nineteen hundred fifty; to
stop for a school bus displaying a red visual signal in violation of
section eleven hundred seventy-four of this chapter through the instal-
lation and operation of school bus photo violation monitoring systems,
in accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; [or] to comply with bus operation-related traffic regulations
as defined by article twenty-four of this chapter in violation of the
rules of the department of transportation of the city of New York
through the installation and operation of bus operation-related photo
devices, in accordance with article twenty-four of this chapter; OR TO
COMPLY WITH STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-
FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF STREET
CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR
OF THIS CHAPTER; or making an appearance within thirty days of the send-
ing of such notice. Pleas entered and allegations contested within that
period shall be in the manner prescribed in the notice and not subject
to additional penalty or fee. Such notice of impending default judgment
shall not be required prior to the rendering and entry thereof in the
case of operators or owners who are non-residents of the state of New
York. In no case shall a default judgment be rendered or, where
required, a notice of impending default judgment be sent, more than two
years after the expiration of the time prescribed for entering a plea or
contesting an allegation. When a person has demanded a hearing, no fine
or penalty shall be imposed for any reason, prior to the holding of the
hearing. If the hearing examiner shall make a determination on the
charges, sustaining them, such hearing examiner shall impose no greater
penalty or fine than those upon which the person was originally charged.
A. 4523--B 19
§ 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
of the vehicle and traffic law, as amended by section 7 of part N of
chapter 58 of the laws of 2025, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction that the registrant or their representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to a total of
three or more summonses or other process in the aggregate, issued within
an eighteen month period, charging either that: (i) such motor vehicle
was parked, stopped or standing, or that such motor vehicle was operated
for hire by the registrant or their 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 chap-
ter; or (iii) the registrant was liable for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter 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 subdivi-
sions twenty and twenty-one-c of section three hundred seventy-five of
this chapter imposed pursuant to a local law or ordinance imposing mone-
tary liability on the owner of a vehicle for failure of an operator
thereof to comply with school bus red visual signals through the instal-
lation and operation of school bus photo violation monitoring systems,
in accordance with article twenty-nine of this chapter; or (vi) the
registrant was liable for a violation of section three hundred eighty-
five of this chapter and the rules of the applicable covered agency or
covered authority as such terms are defined in article ten of this chap-
ter 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 subdivi-
sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter imposed pursuant to a demonstration program imposing monetary
A. 4523--B 20
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 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[,]; OR (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF
STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS
CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE
OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH
SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERA-
TION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTI-
CLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or their 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 appear-
ance or answer has been made or in the case of an administrative tribu-
nal that such applicant has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in their
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
§ 9. Subdivision 1-a of section 1809 of the vehicle and traffic law,
as amended by section 8 of part N of chapter 58 of the laws of 2025, 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
A. 4523--B 21
liability on the owner of a vehicle for failure of an operator thereof
to comply with such bus lane restrictions through the installation and
operation of bus lane photo devices, in accordance with article twenty-
four of this chapter; or (d) for violations of toll collection regu-
lations imposed by certain public authorities pursuant to the law
authorizing such public authorities to impose monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
toll collection regulations of such public authorities through the
installation and operation of photo-monitoring systems, in accordance
with the provisions of section two thousand nine hundred eighty-five of
the public authorities law and sections sixteen-a, sixteen-b and
sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
hundred fifty; or (e) for violations of section eleven hundred seventy-
four of this chapter when meeting a school bus marked and equipped as
provided in subdivisions twenty and twenty-one-c of section three
hundred seventy-five of this chapter imposed pursuant to a local law or
ordinance imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with school bus red visual
signals through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter; or (f) for violations of section three hundred eighty-five
of this chapter and the rules of the applicable covered agency or
covered authority as such terms are defined in article ten of this chap-
ter in relation to gross vehicle weight and/or axle weight violations
imposed pursuant to a weigh in motion demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
thereof to comply with such gross vehicle weight and/or axle weight
restrictions through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of
section eleven hundred eighty of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such posted
maximum speed limits within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
or (h) for violations of bus operation-related traffic regulations as
defined by article twenty-four of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter; OR (I) FOR VIOLATIONS OF STREET CLEANING PARK-
ING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED
PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET
CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF STREET
CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR
OF THIS CHAPTER.
§ 10. Subdivision 1 of section 1809-a of the vehicle and traffic law,
as amended by section 10 of part MM of chapter 56 of the laws of 2023,
is amended to read as follows:
1. The provisions of any other general or special law notwithstanding,
whenever, in a city having a population of one hundred thousand or more
according to the nineteen hundred eighty United States census,
proceedings in an administrative tribunal or a court result in a finding
A. 4523--B 22
of liability, or conviction for the violation of any statute, local law,
ordinance or rule involving the parking, stopping or standing of a motor
vehicle, except (A) an adjudication of liability of an owner for a
violation of bus operation-related traffic regulations as defined by
article twenty-four of this chapter imposed pursuant to a demonstration
program imposing monetary liability on the owner of a vehicle for fail-
ure of an operator thereof to comply with such bus operation-related
traffic regulations through the installation and operation of bus opera-
tion-related photo devices, in accordance with article twenty-four of
this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A
VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY ARTICLE TWEN-
TY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY
LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF
TO COMPLY WITH SUCH STREET CLEANING PARKING RULES THROUGH THE INSTALLA-
TION AND OPERATION OF STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORD-
ANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a
mandatory surcharge in addition to any other sentence, fine or penalty
otherwise permitted or required, in the amount of fifteen dollars. Such
surcharge shall not be deemed a monetary penalty for the purposes of
section two hundred thirty-seven of this chapter or section 19-203 of
the administrative code of the city of New York.
§ 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
as amended by section 11 of part MM of chapter 56 of the laws of 2023,
is amended to read as follows:
1. Notwithstanding any other provision of law, whenever proceedings in
an administrative tribunal or court result in a conviction for a
violation of section twelve hundred, twelve hundred one or twelve
hundred two of this chapter, except (A) an adjudication of liability of
an owner for a violation of bus operation-related traffic regulations as
defined by article twenty-four of this chapter imposed pursuant to a
demonstration program imposing monetary liability on the owner of a
vehicle for failure of an operator thereof to comply with such bus oper-
ation-related traffic regulations through the installation and operation
of bus operation-related photo devices, in accordance with article twen-
ty-four of this chapter, OR (B) AN ADJUDICATION OF LIABILITY OF AN
OWNER FOR A VIOLATION OF STREET CLEANING PARKING RULES AS DEFINED BY
ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM
IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE
OF AN OPERATOR THEREOF TO COMPLY WITH SUCH STREET CLEANING PARKING RULES
THROUGH THE INSTALLATION AND OPERATION OF STREET CLEANING VEHICLE PHOTO
DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there
shall be levied a mandatory surcharge in addition to any other sentence,
fine or penalty otherwise permitted or required, in the amount of twen-
ty-five dollars.
§ 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle
and traffic law, as amended by section 9 of part N of chapter 58 of the
laws of 2025, 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
owner for a violation of subdivision (d) of section eleven hundred elev-
A. 4523--B 23
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 applicable covered agency or covered authority as such
terms are defined in article ten of this chapter 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 instal-
lation 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 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;
and (ix) an adjudication of liability of an owner for a violation of bus
operation-related traffic regulations as defined by article twenty-four
of this chapter imposed pursuant to a demonstration program imposing
monetary liability on the owner of a vehicle for failure of an operator
A. 4523--B 24
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; AND (X)
AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF STREET
CLEANING PARKING RULES AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER
IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH
STREET CLEANING PARKING RULES THROUGH THE INSTALLATION AND OPERATION OF
STREET CLEANING VEHICLE PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWEN-
TY-FOUR OF THIS CHAPTER, there shall be levied in addition to any
sentence, penalty or other surcharge required or permitted by law, an
additional surcharge of twenty-eight dollars.
§ 13. Subdivision 2 of section 87 of the public officers law is
amended by adding a new paragraph (w) to read as follows:
(W) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-J OF
THE VEHICLE AND TRAFFIC LAW.
§ 14. The purchase or lease of equipment for a demonstration program
established pursuant to section 1111-j of the vehicle and traffic law,
as added by section one of this act, shall be subject to the provisions
of section 103 of the general municipal law.
§ 15. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that sections one,
thirteen and fourteen of this act shall expire July 1, 2032, when upon
such date the provisions of such sections shall be deemed repealed;
provided further, however, that:
(a) the amendments to subdivision 1 of section 1809-a of the vehicle
and traffic law made by section ten of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; and
(b) effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of section one
of this act on its effective date are authorized to be made and
completed on or before such effective date.