Imposes owner liability for failure of an operator to comply with traffic control indicators within the city of New York
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 14, 2025 |
referred to transportation |
S T A T E O F N E W Y O R K
________________________________________________________________________
5440
2025-2026 Regular Sessions
I N A S S E M B L Y
February 14, 2025
___________
Introduced by M. of A. RAGA -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to owner
liability for failure of an operator to comply with traffic control
indicators; to amend the public officers law, in relation to access to
records prepared pursuant to traffic control indicators; and providing
for the repeal of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding a new
section 1111-i to read as follows:
§ 1111-I. OWNER LIABILITY FOR FAILURE OF AN OPERATOR TO COMPLY WITH
TRAFFIC CONTROL INDICATORS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, THE CITY OF NEW YORK IS HEREBY AUTHORIZED TO ESTABLISH A DEMON-
STRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE
FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH POSTED TRAFFIC CONTROL
INDICATORS IN SUCH CITY IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. SUCH DEMONSTRATION PROGRAM SHALL EMPOWER THE CITY TO INSTALL
TRAFFIC CONTROL INDICATOR PHOTO DEVICES ON CITY VEHICLES AND ALONG
STREETS AT LOCATIONS DETERMINED BY SUCH CITY AND TO ADMINISTER SUCH
PROGRAM IN CONSULTATION WITH THE NEW YORK CITY DEPARTMENT OF TRANSPORTA-
TION.
2. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED
IMAGES CAPTURED BY TRAFFIC CONTROL INDICATOR PHOTO DEVICES SHALL BE
INADMISSIBLE IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE CITY AND ANY
PROCEEDING INITIATED BY THE CITY INVOLVING LICENSURE PRIVILEGES OF CITY
VEHICLE OPERATORS. ANY TRAFFIC CONTROL INDICATOR PHOTO DEVICE MOUNTED
ALONG STREETS AT LOCATIONS DETERMINED BY NEW YORK CITY OR MOUNTED ON A
CITY VEHICLE SHALL BE DIRECTED OUTWARDLY FROM SUCH VEHICLE TO CAPTURE
IMAGES OF VEHICLES OPERATED IN VIOLATION OF TRAFFIC CONTROL INDICATORS,
AND IMAGES PRODUCED BY SUCH DEVICE SHALL NOT BE USED FOR ANY OTHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06073-02-5
A. 5440 2 PURPOSE IN THE ABSENCE OF A COURT ORDER REQUIRING SUCH IMAGES TO BE PRODUCED. 3. NO TRAFFIC CONTROL INDICATOR VEHICLE PHOTO DEVICE SHALL BE USED UNLESS ON THE DAY IT IS TO BE USED IT HAS SUCCESSFULLY PASSED A SELF- TEST OF ITS FUNCTIONS. 4. (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 TRAFFIC CONTROL INDICATOR 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 PASSENGERS, 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. (II) PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR ANY OTHER RECORDED IMAGE FROM A TRAFFIC CONTROL INDICATOR 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 TRAFFIC CONTROL INDICATOR PHOTO DEVICE SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT TO CIVIL OR CRIMINAL PROCESS OR DISCOVERY, NOR USED BY ANY COURT OR ADMIN- ISTRATIVE 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 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 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 A. 5440 3 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. 5. EVERY CITY VEHICLE UPON WHICH A TRAFFIC CONTROL INDICATOR PHOTO DEVICE IS INSTALLED AND OPERATED PURSUANT TO A DEMONSTRATION PROGRAM AUTHORIZED PURSUANT TO THIS SECTION SHALL BE EQUIPPED WITH SIGNS, PLAC- ARDS OR OTHER DISPLAYS GIVING NOTICE TO APPROACHING MOTOR VEHICLE OPERA- TORS THAT TRAFFIC CONTROL INDICATOR PHOTO DEVICES ARE USED TO ENFORCE TRAFFIC CONTROL INDICATORS. 6. WARNING NOTICES OF VIOLATION SHALL BE ISSUED DURING THE FIRST SIXTY DAYS THAT TRAFFIC CONTROL INDICATOR PHOTO DEVICES PURSUANT TO A DEMON- STRATION PROGRAM AUTHORIZED BY THIS SECTION ARE ACTIVE AND IN OPERATION. 7. THE CITY SHALL ADOPT AND ENFORCE MEASURES: (I) TO UPGRADE SIGNAGE AT REGULAR INTERVALS STATING THAT TRAFFIC CONTROL INDICATOR PHOTO DEVICES ARE USED TO ENFORCE TRAFFIC CONTROL INDICATORS ALONG SUCH ROUTES; AND (II) TO PROHIBIT THE USE OR DISSEMINATION OF VEHICLES' LICENSE PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC CONTROL INDICATOR 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. (B) IF THE CITY 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 PARKING RULE OF SUCH CITY AND SUCH VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A TRAFFIC CONTROL INDICATOR PHOTO DEVICE. (C) FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "CITY" SHALL MEAN THE CITY OF NEW YORK. 2. "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" OR "MUTCD" SHALL MEAN THE MANUAL AND SPECIFICATIONS FOR A UNIFORM SYSTEM OF TRAFFIC CONTROL DEVICES MAINTAINED BY THE COMMISSIONER OF TRANSPORTATION PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY OF THIS CHAPTER. 3. "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. 4. "TRAFFIC CONTROL INDICATORS" SHALL MEAN THE PROHIBITED PARKING, STANDING OR STOPPING OF ANY VEHICLE BY THE CITY OF NEW YORK DURING DESIGNATED TIME PERIODS AS POSTED BY SIGNS OR STREET MARKINGS PURSUANT TO THE RULES OF THE NEW YORK CITY DEPARTMENT OF TRANSPORTATION. 5. "TRAFFIC CONTROL INDICATOR PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS MOUNTED ALONG STREETS AT LOCATIONS DETERMINED BY NEW YORK CITY AS WELL AS A DEVICE THAT IS MOUNTED ON A VEHICLE, IS CAPABLE OF OPERATING INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF TRAFFIC CONTROL INDI- CATORS. (D) A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE CITY, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF PHOTOGRAPHS, A. 5440 4 MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED BY A TRAF- FIC CONTROL INDICATOR 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 PARKING RULE IMPOSED ON ANY ROUTE SHALL BE LIABLE FOR MONETARY PENALTIES IN ACCORDANCE WITH A SCHED- ULE 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 PARKING RULE SHALL NOT EXCEED FIFTY DOLLARS FOR THE FIRST VIOLATION; ONE HUNDRED DOLLARS FOR A SECOND VIOLATION WITHIN A TWELVE-MONTH PERIOD; ONE HUNDRED FIFTY DOLLARS FOR A THIRD VIOLATION WITHIN A TWELVE-MONTH PERIOD; TWO HUNDRED DOLLARS FOR A FOURTH VIOLATION WITHIN A TWELVE-MONTH PERIOD; AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT VIOLATION WITHIN A TWELVE-MONTH PERIOD; PROVIDED, FURTHER, THAT AN OWNER SHALL BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD. (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 PARKING RULE. 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 VIOLATION OF A 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 TRAFFIC CONTROL INDICATOR 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 THE AGENCY OR AGENCIES DESIGNATED BY THE CITY, 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 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 RECOV- ERED BY SUCH TIME. FOR PURPOSES OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFICIENT THAT A CERTIFIED COPY OF THE A. 5440 5 POLICE REPORT ON THE STOLEN VEHICLE BE SENT BY FIRST CLASS MAIL TO THE CITY 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 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, 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) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF A PARKING RULE. (K) IF THE CITY ADOPTS A DEMONSTRATION PROGRAM PURSUANT TO SUBDIVISION (A) OF THIS SECTION, SUCH CITY'S DEPARTMENT OF TRANSPORTATION SHALL SUBMIT A REPORT ON THE RESULTS OF THE USE OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY TWO YEARS AFTER THE DEMONSTRATION IS ADOPTED. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK SHALL ALSO MAKE SUCH REPORTS AVAILABLE 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 TRAFFIC CONTROL INDICATOR 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 AND AN ITEMIZED LIST OF EXPENDITURES MADE BY THE CITY AND DEPARTMENT WITH THESE REVENUES; 7. THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS; 8. THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA USED; AND 9. THE TOTAL COST TO SUCH CITY. (L) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF A PARKING RULE PURSUANT TO A DEMONSTRATION PROGRAM ADOPTED PURSUANT TO A. 5440 6 THIS SECTION THAT SUCH TRAFFIC CONTROL INDICATOR PHOTO DEVICES WERE MALFUNCTIONING AT THE TIME OF THE ALLEGED VIOLATION. § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as amended by section 2 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Notwithstanding any inconsistent provision of any general, special or local law or administrative code to the contrary, in any city which heretofore or hereafter is authorized to establish an administrative tribunal: (a) to hear and determine complaints of traffic infractions constituting parking, standing or stopping violations, or (b) to adjudi- cate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or (c) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (d) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (e) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authori- ties to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate the liability of owners for violations of section eleven hundred seven- ty-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof 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 A. 5440 7 (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus opera- tion-related photo devices, in accordance with article twenty-four of this chapter, OR (J) TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF TRAFFIC CONTROL INDICATORS 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 TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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 following sections. § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as amended by section 3 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1. Creation. In any city as hereinbefore or hereafter authorized such tribunal when created shall be known as the parking violations bureau and shall have jurisdiction of traffic infractions which constitute a parking violation and, where authorized: (a) to adjudicate the liability of owners for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation- monitoring systems, in accordance with article twenty-four of this chap- ter, or (b) to adjudicate the liability of owners for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (c) to adjudicate the liability of owners for violations of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter, or (d) to adjudicate the liability of owners for violations of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the 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 A. 5440 8 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 TRAFFIC CONTROL INDICATORS 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 TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER. Such tribunal, except in a city with a population of one million or more, shall also have jurisdiction of abandoned vehicle violations. For the purposes of this article, a parking violation is the violation of any law, rule or regulation providing for or regulating the parking, stopping or standing of a vehicle. In addition for purposes of this article, "commissioner" shall mean and include the commissioner of traffic of the city or an official possessing authority as such a commissioner. § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 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 A. 5440 9 the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installa- tion and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chap- ter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chap- ter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitor- ing systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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, 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 A. 5440 10 eleven hundred eighty of this chapter through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installa- tion and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, contests such allegation, the bureau shall advise such person personally by such form of first class mail as the director may direct of the date on which [he or she] 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 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 A. 5440 11 twenty-four of this chapter; or to comply with toll collection regu- lations of certain public authorities through the installation and oper- ation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accord- ance with article twenty-nine of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is being contested, by a person in a timely fashion and a hearing upon the merits has been demanded, but has not yet been held, the bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. In a city having a population of one million or more, at every hearing for the adjudication of a notice of liability, as provided by this arti- cle, there shall be a rebuttable presumption that the owner of a first- response emergency vehicle alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the instal- lation and operation of traffic-control signal photo violation-monitor- ing systems, in accordance with article twenty-four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDI- CATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS A. 5440 12 CHAPTER is not liable for such alleged violation if such owner of the first-response emergency vehicle provides the hearing officer with: § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law, as amended by section 6 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: a. Every hearing for the adjudication of a charge of parking violation or an allegation of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of bus lane restrictions as defined by article twenty-four of this chap- ter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter, or an allegation of liability of an owner for a violation of toll collection regulations imposed by certain public authorities pursuant to the law authorizing such public authorities to impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with toll collection regulations of such public authorities through the installation and operation of photo-moni- toring systems, in accordance with the provisions of section two thou- sand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty, or an allegation of liability of an owner for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy- five of this chapter imposed pursuant to a local law or ordinance impos- ing monetary liability on the owner of a vehicle for failure of an oper- ator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or an allegation of liability of an owner for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with certain posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or an allegation of liability of an owner for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with A. 5440 13 such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or an allega- tion of liability of an owner for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the instal- lation and operation of bus operation-related photo devices, in accord- ance with article twenty-four of this chapter, OR AN ALLEGATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAIL- URE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH TRAFFIC CONTROL INDICA- TORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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 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- A. 5440 14 ance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, is contested. Recording devices may be used for the making of the record. § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic law, as amended by section 7 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: 1. The hearing examiner shall make a determination on the charges, either sustaining or dismissing them. Where the hearing examiner deter- mines that the charges have been sustained [he or she] SUCH 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 department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, of the person charged, as applica- ble prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determi- A. 5440 15 nation roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo viola- tion-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus display- ing a red visual signal in violation of section eleven hundred seventy- four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twen- ty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section elev- en hundred eighty of this chapter within a highway construction or main- tenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability A. 5440 16 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; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; [or] to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter; OR TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, (2) of the impending default judg- ment, (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 judg- ments 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 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; 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 A. 5440 17 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 TO COMPLY WITH TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER THROUGH THE INSTALLATION AND OPERA- TION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER; or making an appearance within thirty days of the sending of such notice. Pleas entered and allegations contested within that period shall be in the manner prescribed in the notice and not subject to additional 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-resi- dents of the state of New York. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or contesting an allegation. When a person has demanded a hearing, no fine or penalty shall be imposed for any reason, prior to the holding of the hearing. If the hearing examiner shall make a determination on the charges, sustaining them, [he or she] SUCH EXAM- INER shall impose no greater penalty or fine than those upon which the person was originally charged. § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law, as amended by section 8 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: (i) If at the time of application for a registration or renewal there- of there is a certification from a court, parking violations bureau, traffic and parking violations agency or administrative tribunal of appropriate jurisdiction that the registrant or [his or her] 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, A. 5440 18 issued within an eighteen month period, charging either that: (i) such motor vehicle was parked, stopped or standing, or that such motor vehi- cle was operated for hire by the registrant or [his or her] 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-con- trol indications through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or (iii) the registrant was liable for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (iv) the registrant was liable for a violation of bus lane restrictions as defined by article twenty-four of this chapter imposed pursuant to a bus rapid transit program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus lane restrictions through the installation and operation of bus lane photo devices, in accordance with article twenty-four of this chap- ter; or (v) the registrant was liable for a violation of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty- nine of this chapter; or (vi) the registrant was liable for a violation of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (vii) the registrant was liable for a violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter[,]; or (viii) the registrant was liable for a violation of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus operation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twenty-four of this chapter[,]; OR A. 5440 19 (IX) THE REGISTRANT WAS LIABLE FOR A VIOLATION OF TRAFFIC CONTROL INDI- CATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSU- ANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, the commissioner or [his or her] 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 appearance or answer has been made or in the case of an administrative tribunal that [he or she] 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 [his or her] 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 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- 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 A. 5440 20 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy- four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; or (h) for violations of bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; OR (I) FOR VIOLATIONS OF TRAFFIC CONTROL INDI- CATORS AS DEFINED BY ARTICLE TWENTY-FOUR OF THIS CHAPTER IMPOSED PURSU- ANT TO A PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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 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 TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTICLE TWENTY- FOUR OF THIS CHAPTER IMPOSED PURSUANT TO A PROGRAM IMPOSING MONETARY A. 5440 21 LIABILITY ON THE OWNER OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH SUCH TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR PHOTO DEVICES, IN ACCORDANCE WITH ARTICLE TWENTY-FOUR OF THIS CHAPTER, there shall be levied a manda- tory surcharge in addition to any other sentence, fine or penalty other- wise 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 TRAFFIC CONTROL INDICATORS 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 TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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 twenty-five dollars. § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred elev- en of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installa- tion and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; and (iii) an adjudication of liability of an owner for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing mone- tary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; and (iv) an adjudi- A. 5440 22 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 bus operation-related traffic regulations as defined by article twenty-four of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such bus oper- ation-related traffic regulations through the installation and operation of bus operation-related photo devices, in accordance with article twen- ty-four of this chapter; AND (X) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR A VIOLATION OF TRAFFIC CONTROL INDICATORS AS DEFINED BY ARTI- CLE 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 TRAFFIC CONTROL INDICATORS THROUGH THE INSTALLATION AND OPERATION OF TRAFFIC CONTROL INDICATOR 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. A. 5440 23 § 13. Subdivision 2 of section 87 of the public officers law is amended by adding a new paragraph (v) to read as follows: (V) ARE PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PREPARED UNDER AUTHORITY OF SECTION ELEVEN HUNDRED ELEVEN-I OF THE VEHICLE AND TRAFFIC LAW. § 14. The purchase or lease of equipment for a demonstration program established pursuant to section 1111-i 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 one year after it shall have become a law; provided, however, that sections one, thirteen and fourteen of this act shall expire six years after it shall have become a law, 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.
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