Relates to the use of certain photo speed violation monitoring systems for the purposes of enforcement of license plate obstruction; repealer
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Apr 16, 2025 |
referred to transportation |
S T A T E O F N E W Y O R K
________________________________________________________________________
7997
2025-2026 Regular Sessions
I N A S S E M B L Y
April 16, 2025
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the use of
photo speed violation monitoring systems for the purposes of enforce-
ment of license plate obstruction, concealment, and/or distortion
violations in the city of New York; to amend chapter 189 of the laws
of 2013, amending the vehicle and traffic law and the public officers
law relating to establishing in a city with a population of one
million or more a demonstration program implementing speed violation
monitoring systems in school speed zones by means of photo devices, in
relation to making technical corrections and extending such provisions
related thereto; and to repeal certain provisions of the vehicle and
traffic law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 3 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
amended to read as follows:
3. Operators of MOBILE photo speed violation monitoring systems shall
have completed training in the procedures for setting up, testing, and
operating such systems. Each such operator shall complete and sign a
daily set-up log for each such system that [he or she operates] THEY
OPERATE that (i) states the date and time when, and the location where,
the system was set up that day, and (ii) states that such operator
successfully performed, and the system passed, the self-tests of such
system before producing a recorded image that day. STATIONARY PHOTO
SPEED VIOLATION MONITORING SYSTEMS SHALL COMPLETE A DAILY SELF-TEST FOR
EACH SUCH SYSTEM THAT IS OPERATED STATING (I) THE DATE AND TIME WHEN,
AND THE LOCATION WHERE, THE SYSTEM WAS SET UP; AND (II) THAT THE SYSTEM
PASSED THE SELF-TEST OF SUCH SYSTEM BEFORE PRODUCING A RECORDED IMAGE
THAT DAY. The city shall retain each such daily log OR DAILY SELF-TEST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11567-02-5
A. 7997 2 until the later of the date on which the photo speed violation monitor- ing system to which it applies has been permanently removed from use or the final resolution of all cases involving notices of liability issued based on photographs, microphotographs, video or other recorded images produced by such system. § 2. Paragraph 5 of subdivision (a) of section 1180-b of the vehicle and traffic law, as added by chapter 189 of the laws of 2013, is amended to read as follows: 5. (i) Such demonstration program shall utilize necessary technologies to ensure, to the extent practicable, that photographs, microphoto- graphs, videotape, or other recorded images produced by such photo speed violation monitoring systems shall not include images that identify the driver, the passengers, or the contents of the vehicle. Provided, 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 photo speed violation monitoring system shall be for the exclusive use of the city for the purpose of the adjudication of liabil- ity imposed pursuant to this section, EXCEPT AS NEEDED BY ANY STATE AND LOCAL GOVERNMENTAL ENTITIES FOR THE PURPOSES OF ENFORCEMENT OF LICENSE PLATE OBSTRUCTION, CONCEALMENT, AND/OR DISTORTION VIOLATIONS and FOR THE PURPOSE 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, microphotographs, videotape or any other recorded image from a photo speed violation monitoring system shall not be open to the public, nor subject to civil or criminal process or discovery, nor used by any court or administrative or adjudicatory body in any action or proceeding therein except that which is necessary for the adjudication of a notice of liability issued pursuant to this section, and no public entity or employee, officer or agent thereof shall disclose such information, except that such photographs, micropho- tographs, videotape or any other recorded images from such systems: (A) shall be available for inspection and copying and use by the motor vehicle owner and operator for so long as such photographs, microphoto- graphs, videotape or other recorded images are required to be maintained or are maintained by such public entity, employee, officer or agent; and (B) (1) shall be furnished when described in a search warrant issued by a court authorized to issue such a search warrant pursuant to article six hundred ninety of the criminal procedure law or a federal court authorized to issue such a search warrant under federal law, where such search warrant states that there is reasonable cause to believe such information constitutes evidence of, or tends to demonstrate that, a misdemeanor or felony offense was committed in this state or another state, or that a particular person participated in the commission of a misdemeanor or felony offense in this state or another state, provided, however, that if such offense was against the laws of another state, the court shall only issue a warrant if the conduct comprising such offense A. 7997 3 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) NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH TO THE CONTRARY, WHERE A NOTICE OF LIABILITY FOR A VIOLATION OF THIS SECTION IS BEING SENT TO A VEHICLE OWNER PURSUANT TO SUBDIVISION (H) OF THIS SECTION, AND SUCH PHOTOGRAPH, MICROPHOTOGRAPH, VIDEOTAPE OR OTHER RECORDED IMAGE FROM A PHOTO SPEED VIOLATION MONITORING SYSTEM REVEALS EVIDENCE OF A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER, THE CITY SHALL FURTHER ISSUE A NOTICE OF LIABILITY FOR SUCH VIOLATION AS PRESCRIBED HEREIN. § 3. Subdivisions (f), (g), (h), (i), (j), (k), (l), (m), (n), and (o) of section 1180-b of the vehicle and traffic law, subdivisions (f), (g), (h), (i), (j), (k), (l), (m) and (o) as added by chapter 189 of the laws of 2013, and subdivision (n) as amended by chapter 30 of the laws of 2019, are amended to read as follows: (f) AN OWNER LIABLE FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER SHALL BE LIABLE FOR A FINE OF TWO HUNDRED FIFTY DOLLARS. (G) 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)] (H) 1. A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article OR FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER pursuant to this section, within fourteen business days if such owner is a resident of this state and within forty-five business days if such owner is a non-resident, UNLESS THE VEHICLE'S LICENSE PLATE IS OBSTRUCTED, CONCEALED, AND/OR DISTORTED IN WHICH CASE SUCH NOTICES OF LIABILITY SHALL BE SENT WITHIN FORTY-FIVE BUSINESS DAYS. Personal deliv- ery on the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein. 2. A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- A. 7997 4 cle OR FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARA- GRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER pursuant to this section, the registration number of the vehicle involved in such violation, the location where such violation took place, the date and time of such violation, the identification number of the camera which recorded the violation or other document locator number, at least two date and time stamped images of the rear of the motor vehicle that include the same stationary object near the motor vehicle, and the certificate charging the liability. 3. The notice of liability shall contain information advising the person charged of the manner and the time in which [he or she] THEY may contest the liability alleged in the notice. Such notice of liability shall also contain a prominent warning to advise the person charged that failure to contest in the manner and time provided shall be deemed an admission of liability and that a default judgment may be entered there- on. 4. The notice of liability shall be prepared and mailed by the city of New York, or by any other entity authorized by the city to prepare and mail such notice of liability. [(h)] (I) Adjudication of the liability imposed upon owners of this section shall be by the New York city parking violations bureau. [(i)] (J) If an owner receives a notice of liability pursuant to this section for any time period during which the vehicle or the number plate or plates of such vehicle was reported to the police department as having been stolen, it shall be a valid defense to an allegation of liability for a violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section that the vehicle or the number plate or plates of such vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this subdivision, it shall be suffi- cient that a certified copy of the police report on the stolen vehicle or number plate or plates of such vehicle be sent by first class mail to the New York city parking violations bureau, or by any other entity authorized by the city to prepare and mail such notice of liability. [(j) Adjudication of the liability imposed upon owners of this section shall be by the New York city parking violations bureau.] (k) 1. An owner who is a lessor of a vehicle to which a notice of liability was issued pursuant to subdivision [(g)] (H) of this section shall not be liable for the violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article pursuant to this section, 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 a liability, together with the other information contained in the original notice of liability, the lessor submits to such bureau the correct name and address of the lessee of the vehicle identified in the notice of liability at the time of such violation, together with such other additional information contained in 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 [(a)] ONE of this subdivision shall render the owner liable for the penalty prescribed in this section. A. 7997 5 3. Where the lessor complies with the provisions of paragraph [(a)] 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 [nine] (H) of this section. (l) 1. If the owner liable for a violation of subdivision (c) or (d) of section eleven hundred eighty of this article pursuant to this section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator. 2. Notwithstanding any other provision of this section, no owner of a vehicle shall be subject to a monetary fine imposed pursuant to this section if the operator of such vehicle was operating such vehicle with- out the consent of the owner at the time such operator operated such vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. For purposes of this subdivision there shall be a presumption that the operator of such vehicle was oper- ating such vehicle with the consent of the owner at the time of such operator operated such vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article. (m) Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of subdivision (c) or (d) of section eleven hundred eighty of this article. (n) If the city adopts a demonstration program pursuant to subdivision (a) of this section it shall conduct a study and submit an annual report on the results of the use of photo devices to the governor, the tempo- rary president of the senate, and the speaker of the assembly on or before June first, two thousand twenty and on the same date in each succeeding year in which the demonstration program is operable. Such report shall include: 1. the locations where and dates when photo speed violation monitoring systems were used; 2. the aggregate number, type, and severity of crashes, fatalities, injuries, and property damage reported within all school speed zones within the city, to the extent the information is maintained by the department of motor vehicles of this state; 3. the aggregate number, type, and severity of crashes, fatalities, injuries, and property damage reported within school speed zones where photo speed violation monitoring systems were used, to the extent the information is maintained by the department of motor vehicles of this state; 4. the number of violations recorded within all school speed zones WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED within the city, in the aggregate on a daily, weekly, and monthly basis; 5. the number of violations recorded within each school speed zone where a photo speed violation monitoring system is used, in the aggre- gate on a daily, weekly, and monthly basis; 6. the number of violations recorded within all school speed zones WHERE A PHOTO SPEED VIOLATION MONITORING SYSTEM IS USED within the city that were: (i) more than ten but not more than twenty miles per hour over the posted speed limit; (ii) more than twenty but not more than thirty miles per hour over the posted speed limit; A. 7997 6 (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and (iv) more than forty miles per hour over the posted speed limit; 7. the number of violations recorded within each school speed zone where a photo speed violation monitoring system is used that were: (i) more than ten but not more than twenty miles per hour over the posted speed limit; (ii) more than twenty but not more than thirty miles per hour over the posted speed limit; (iii) more than thirty but not more than forty miles per hour over the posted speed limit; and (iv) more than forty miles per hour over the posted speed limit; 8. THE NUMBER OF VIOLATIONS REPORTED IN PARAGRAPHS TWO THROUGH SEVEN OF THIS SUBDIVISION THAT ALSO INVOLVED A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER. 9. the total number of notices of liability issued for violations recorded by such systems; [9.] 10. THE TOTAL NUMBER OF INSTANCES WHEN A PHOTO SPEED VIOLATION MONITORING SYSTEM RECORDED A VIOLATION WITHIN A SCHOOL SPEED ZONE BUT WAS UNABLE TO ISSUE A NOTICE OF LIABILITY DUE TO LICENSE PLATE OBSTRUCTION, CONCEALMENT, AND/OR DISTORTION; 11. the number of fines and total amount of fines paid after the first notice of liability issued for violations recorded by such systems; [10.] 12. the number of violations adjudicated and the results of such adjudications including breakdowns of dispositions made for violations recorded by such systems; [11.] 13. the total amount of revenue realized by the city in connection with the program; [12.] 14. the expenses incurred by the city in connection with the program; [13.] 15. the quality of the adjudication process and its results; AND [14.] 16. the total amount of revenue expended on traffic and pedes- trian safety within the city of New York[; and 15. the effectiveness and adequacy of the hours of operation for such program to determine the impact on speeding violations and prevention of crashes]. (o) It shall be a defense to any prosecution for a violation of subdi- vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of this article OR FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER pursuant to this section that such photo speed violation moni- toring system was malfunctioning at the time of the alleged violation. § 4. 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- A. 7997 7 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 OR FOR VIOLATIONS OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 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 installation 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 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 (f) to adjudicate the liabil- ity 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 seven- ty-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or (g) to adjudicate the liability of owners for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter, or (h) to adjudicate the liability of owners for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such posted maximum speed limits within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter, or (i) to adjudicate the liability of owners for violations of bus 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 A. 7997 8 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. § 5. 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 OR FOR VIOLATIONS OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 oper- ation 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 fail- ure 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 adjudi- cate the liability of owners 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) 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 A. 7997 9 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. 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, stop- ping 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. § 6. Paragraph f of subdivision 1 of section 239 of the vehicle and traffic law, as amended by section 4 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: f. "Notice of violation" means a notice of violation as defined in subdivision nine of section two hundred thirty-seven of this article, but shall not be deemed to include a notice of liability issued pursuant to authorization set forth in articles ten, twenty-four, twenty-nine and thirty of this chapter, section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty to impose monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; or to comply with certain posted maxi- mum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 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- A. 7997 10 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. § 7. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic law, as amended by section 5 of part MM of chapter 56 of the laws of 2023, are amended to read as follows: 1. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty; or a person alleged to be liable in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty- four of this chapter; or to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 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 chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with arti- cle twenty-nine of this chapter; or to comply with certain posted maxi- mum 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 A. 7997 11 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, 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] THEY 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 eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 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 chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with arti- cle twenty-nine of this chapter; or to comply with certain posted maxi- mum 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, is being contested, by a person in a timely fashion and a hear- ing upon the merits has been demanded, but has not yet been held, the A. 7997 12 bureau shall not issue any notice of fine or penalty to that person prior to the date of the hearing. § 8. 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 OR FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 monitor- ing 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 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 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-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 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 imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and opera- tion of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter, or 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 depart- ment of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh A. 7997 13 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, 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, 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 OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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, is contested. Recording devices may be used for the making of the record. A. 7997 14 § 9. 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] THEY may examine either the prior parking violations record or the record of liabilities incurred in accordance with any provisions of law specifically authoriz- ing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indi- cations in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-con- trol signal photo violation-monitoring systems, in accordance with arti- cle twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and opera- tion of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter, of the person charged, as applicable prior to rendering a final determination. Final determinations sustaining or dismissing charges shall be entered on a final determination roll maintained by the bureau together with records showing payment and nonpayment of penalties. 2. Where an operator or owner fails to enter a plea to a charge of a parking violation or contest an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through A. 7997 15 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 OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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- ance with article twenty-four of this chapter, or fails to appear on a designated hearing date or subsequent adjourned date or fails after a hearing to comply with the determination of a hearing examiner, as prescribed by this article or by rule or regulation of the bureau, such failure to plead or contest, appear or comply shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment in an amount provided by the rules and regulations of the bureau. However, after the expiration of the original date prescribed for entering a plea and before a default judgment may be rendered, in such case the bureau shall pursuant to the applicable provisions of law notify such operator or owner, by such form of first class mail as the commission may direct; (1) of the violation charged, or liability alleged in accordance with any provisions of law specif- ically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic- control indications in violation of subdivision (d) of section eleven hundred eleven of this chapter through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR A. 7997 16 HUNDRED TWO of this chapter through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with bus lane restrictions as defined by article twenty-four of this chapter through the installation and operation of bus lane photo devices, in accordance with article twenty- four of this chapter; to comply with toll collection regulations of certain public authorities through the installation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in violation of section eleven hundred seventy-four of this chapter through the installation and opera- tion of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter within a highway construction or maintenance work area through the installation and oper- ation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the department of transpor- tation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus operation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transportation of the city of New York through the installation and operation of bus operation-re- lated photo devices, in accordance with article twenty-four of this chapter, (2) of the impending default judgment, (3) that such judgment will be entered in the Civil Court of the city in which the bureau has been established, or other court of civil jurisdiction or any other place provided for the entry of civil judgments within the state of New York, and (4) that a default may be avoided by entering a plea or contesting an allegation of liability in accordance with any provisions of law specifically authorizing the imposition of monetary liability on the owner of a vehicle for failure of an operator thereof: to comply with traffic-control indications in violation of subdivision (d) of section eleven hundred eleven of this 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 subdivi- sion (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATING SUBPARAGRAPHS (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 instal- lation and operation of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; to stop for a school bus displaying a red visual signal in A. 7997 17 violation of section eleven hundred seventy-four of this chapter through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; to comply with certain posted maximum speed limits in violation of subdivi- sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap- ter within a highway construction or maintenance work area through the installation and operation of photo speed violation monitoring systems, in accordance with article thirty of this chapter; to comply with gross vehicle weight and/or axle weight restrictions in violation of section three hundred eighty-five of this chapter and the rules of the depart- ment of transportation of the city of New York through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or to comply with bus oper- ation-related traffic regulations as defined by article twenty-four of this chapter in violation of the rules of the department of transporta- tion of the city of New York through the installation and operation of bus operation-related photo devices, in accordance with article twenty- four of this chapter; or 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-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, [he or she] THEY shall impose no greater penalty or fine than those upon which the person was originally charged. § 10. Subdivision 1-a of section 1809 of the vehicle and traffic law, as amended by section 9 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: 1-a. Notwithstanding the provisions of subdivision one of this section, the provisions of subdivision one of this section shall not apply to an adjudication of liability of owners: (a) for violations of subdivision (d) of section eleven hundred eleven of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with traffic-control indications through the installation and operation of traffic-control signal photo violation-monitoring systems, in accordance with article twenty-four of this chapter; or (b) for violations of subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty OR FOR VIOLATIONS OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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 oper- ation 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 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- A. 7997 18 ter; or (d) 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 regu- lations of such public authorities through the installation and opera- tion of photo-monitoring systems, in accordance with the provisions of section two thousand nine hundred eighty-five of the public authorities law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four of the laws of nineteen hundred fifty; or (e) for violations of section eleven hundred seventy-four of this chapter when meeting a school bus marked and equipped as provided in subdivisions twenty and twenty-one-c of section three hundred seventy-five of this chapter imposed pursuant to a local law or ordinance imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with school bus red visual signals through the installation and operation of school bus photo violation monitoring systems, in accordance with article twenty-nine of this chapter; or (f) for violations of section three hundred eighty-five of this chapter and the rules of the department of transportation of the city of New York in relation to gross vehicle weight and/or axle weight violations imposed pursuant to a weigh in motion demonstration program imposing monetary liability on the owner of a vehicle for failure of an operator thereof to comply with such gross vehicle weight and/or axle weight restrictions through the installation and operation of weigh in motion violation monitoring systems, in accordance with article ten of this chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of this chapter imposed pursuant to a demonstration program imposing monetary liability on the owner of a vehicle for fail- ure 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 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. § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law, as amended by section 12 of part MM of chapter 56 of the laws of 2023, is amended to read as follows: a. Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of this state result in a conviction for an offense under this chapter, except a conviction pursu- ant to section eleven hundred ninety-two of this chapter, or for a traf- fic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, except: (i) a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists; and (ii) an adjudication of liability of an 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 A. 7997 19 (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 OR FOR A VIOLATION OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO 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; and (iv) an adjudication 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 fail- ure 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 adjudi- cation of liability of an owner for a violation 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 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, there shall be levied in addition to any A. 7997 20 sentence, penalty or other surcharge required or permitted by law, an additional surcharge of twenty-eight dollars. § 12. Subdivision 13 of section 237 of the vehicle and traffic law, as added by section 3 of chapter 189 of the laws of 2013, is REPEALED. § 13. Subdivision 12 of section 237 of the vehicle and traffic law, as added by section 3-a of chapter 189 of the laws of 2013, is REPEALED. § 14. Chapter 189 of the laws of 2013, amending the vehicle and traf- fic law and the public officers law relating to establishing in a city with a population of one million or more a demonstration program imple- menting speed violation monitoring systems in school speed zones by means of photo devices, is amended by adding a new section 3-b to read as follows: § 3-B. SECTION 237 OF THE VEHICLE AND TRAFFIC LAW IS AMENDED BY ADDING A NEW SUBDIVISION 13 TO READ AS FOLLOWS: 13. TO ADJUDICATE THE LIABILITY OF OWNERS FOR VIOLATIONS OF SUBDIVI- SION (B), (C), (D), (F) OR (G) OF SECTION ELEVEN HUNDRED EIGHTY OR FOR VIOLATIONS OF SUBPARAGRAPH (II), (II-A), OR (III) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED TWO OF THIS CHAPTER IN ACCORD- ANCE WITH SECTION ELEVEN HUNDRED EIGHTY-B OF THIS CHAPTER. § 15. Section 15 of chapter 189 of the laws of 2013, amending the vehicle and traffic law and the public officers law relating to estab- lishing in a city with a population of one million or more a demon- stration program implementing speed violation monitoring systems in school speed zones by means of photo devices, the opening paragraph as amended by chapter 229 of the laws of 2022, is amended to read as follows: § 15. This act shall take effect on the thirtieth day after it shall have become a law [and]; PROVIDED, HOWEVER, THAT SECTIONS THREE-B, TEN, THIRTEEN AND FOURTEEN shall expire and be deemed repealed July 1, [2025] 2030; and provided further that any rules necessary for the implementa- tion of this act on its effective date shall be promulgated on or before such effective date, provided that: (a) [the amendments to subdivision 1 of section 235 of the vehicle and traffic law made by section one of this act shall not affect the expira- tion of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section one-a of this act shall take effect; (b) the amendments to section 235 of the vehicle and traffic law made by section one-a of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-b of this act shall take effect; (c) the amendments to section 235 of the vehicle and traffic law made by section one-b of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-c of this act shall take effect; (d) the amendments to section 235 of the vehicle and traffic law made by section one-c of this act shall not affect the expiration of such section and shall be deemed to expire therewith, when upon such date the provisions of section one-d of this act shall take effect; (e) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two of this act shall not affect the expira- tion of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-a of this act shall take effect; (f) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-a of this act shall not affect the expi- A. 7997 21 ration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-b of this act shall take effect; (g) the amendments to subdivision 1 of section 236 of the vehicle and traffic law made by section two-b of this act shall not affect the expi- ration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section two-c of this act shall take effect; (h) the amendments to subdivision 12 of section 237 of the vehicle and traffic law made by section three of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith, when upon such date the provisions of section three-a of this act shall take effect; (h-1) the amendments to subdivision 11 of section 237 of the vehicle and traffic law made by section three-a of this act shall not affect the expiration and reversion of such subdivision and shall be deemed repealed therewith; (i) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-a of this act shall take effect; (j) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-b of this act shall take effect; (k) the amendments to paragraph f of subdivision 1 of section 239 of the vehicle and traffic law made by section four-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section four-c of this act shall take effect; (l) the amendments to subdivision 4 of section 239 of the vehicle and traffic law made by section five of this act shall not affect the repeal of such subdivision and shall be deemed to be repealed therewith, when upon such date the provisions of section five-a of this act shall take effect; (m) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section six of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with, when upon such date the provisions of section six-a of this act shall take effect; (n) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section six-a of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section six-b of this act shall take effect; (o) the amendments to subdivisions 1 and 1-a of section 240 of the vehicle and traffic law made by section six-b of this act shall not affect the expiration of such subdivisions and shall be deemed to expire therewith, when upon such date the provisions of section six-c of this act shall take effect; (p) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section seven of this act shall not affect the expiration of such paragraphs and shall be deemed A. 7997 22 to expire therewith, when upon such date the provisions of section seven-a of this act shall take effect; (q) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section seven-a of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section seven-b of this act shall take effect; (r) the amendments to paragraphs a and g of subdivision 2 of section 240 of the vehicle and traffic law made by section seven-b of this act shall not affect the expiration of such paragraphs and shall be deemed to expire therewith, when upon such date the provisions of section seven-c of this act shall take effect; (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi- cle and traffic law made by section eight of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with, when upon such date the provisions of section eight-a of this act shall take effect; (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi- cle and traffic law made by section eight-a of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with, when upon such date the provisions of section eight-b of this act shall take effect; (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi- cle and traffic law made by section eight-b of this act shall not affect the expiration of such subdivisions and shall be deemed to expire there- with, when upon such date the provisions of section eight-c of this act shall take effect; (v) the amendments to subparagraph (i) of paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section nine of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section nine-a of this act shall take effect; (w) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section nine-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section nine-b of this act shall take effect; (x) the amendments to paragraph a of subdivision 5-a of section 401 of the vehicle and traffic law made by section nine-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section nine-c of this act shall take effect; (y)] the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eleven of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section eleven-a of this act shall take effect; [(z)] (B) the amendments to subdivision 1 of section 1809 of the vehi- cle and traffic law made by section eleven-a of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith, when upon such date the provisions of section eleven-b of this act shall take effect; AND [(aa)] (C) the amendments to subdivision 1 of section 1809 of the vehicle and traffic law made by section eleven-b of this act shall not affect the expiration of such subdivision and shall be deemed to expire A. 7997 23 therewith, when upon such date the provisions of section eleven-c of this act shall take effect[; (bb) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section twelve of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section twelve-a of this act shall take effect; and (cc) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section twelve-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section twelve-b of this act shall take effect; and (dd) the amendments to paragraph a of subdivision 1 of section 1809-e of the vehicle and traffic law made by section twelve-b of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith, when upon such date the provisions of section twelve-c of this act shall take effect]. § 16. This act shall take effect immediately; provided that the amend- ments to section 1180-b of the vehicle and traffic law made by sections one, two and three of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
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