Legislation

§ 241. Final determinations, judgments. 1. The hearing examiner shall
make a determination on the charges, either sustaining or dismissing
them. Where the hearing examiner determines that the charges have been
sustained such hearing examiner may examine either the prior parking
violations record or the record of liabilities incurred in accordance
with any provisions of law 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 subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter through the installation and operation of
photo speed violation monitoring systems, in accordance with article
thirty of this chapter; to comply with bus lane restrictions as defined
by article twenty-four of this chapter through the installation and
operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; to comply with toll collection regulations
of certain public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty; to stop for a school
bus displaying a red visual signal in violation of section eleven
hundred seventy-four of this chapter through the installation and
operation of school bus photo violation monitoring systems, in
accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, 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 parking violations bureau or
the traffic camera violations bureau, as applicable, 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
violation-monitoring systems, in accordance with article twenty-four of
this chapter; to comply with certain posted maximum speed limits in
violation of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter through the installation and operation of
photo speed violation monitoring systems, in accordance with article
thirty of this chapter; to comply with bus lane restrictions as defined
by article twenty-four of this chapter through the installation and
operation of bus lane photo devices, in accordance with article
twenty-four of this chapter; to comply with toll collection regulations
of certain public authorities through the installation and operation of
photo-monitoring systems, in accordance with the provisions of section
two thousand nine hundred eighty-five of the public authorities law and
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty; to stop for a school
bus displaying a red visual signal in violation of section eleven
hundred seventy-four of this chapter through the installation and
operation of school bus photo violation monitoring systems, in
accordance with article twenty-nine of this chapter; to comply with
certain posted maximum speed limits in violation of subdivision (b),
(d), (f) or (g) of section eleven hundred eighty of this chapter within
a highway construction or maintenance work area through the installation
and operation of photo speed violation monitoring systems, in accordance
with article thirty of this chapter; to comply with gross vehicle weight
and/or axle weight restrictions in violation of section three hundred
eighty-five of this chapter and the rules of the applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, or 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 parking
violations bureau or the traffic camera violations bureau, as
applicable, 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 such 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 applicable bureau shall
pursuant to the applicable provisions of law notify such operator or
owner, by such form of first class mail as the commission may direct;
(1) of the violation charged, or liability alleged in accordance with
any provisions of law specifically authorizing the imposition of
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
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 applicable covered
agency or covered authority as such terms are defined in article ten of
this chapter through the installation and operation of weigh in motion
violation monitoring systems, in accordance with article ten of this
chapter; or to comply with bus operation-related traffic regulations as
defined by article twenty-four of this chapter in violation of the rules
of the department of transportation of the city of New York through the
installation and operation of bus operation-related photo devices, in
accordance with article twenty-four of this chapter, (2) of the
impending default judgment, (3) that such judgment will be entered in
the Civil Court of the city in which such 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 subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter
through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
to comply with bus lane restrictions as defined by article twenty-four
of this chapter through the installation and operation of bus lane photo
devices, in accordance with article twenty-four of this chapter; to
comply with toll collection regulations of certain public authorities
through the installation and operation of photo-monitoring systems, in
accordance with the provisions of section two thousand nine hundred
eighty-five of the public authorities law and sections sixteen-a,
sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
laws of nineteen hundred fifty; to stop for a school bus displaying a
red visual signal in violation of section eleven hundred seventy-four of
this chapter through the installation and operation of school bus photo
violation monitoring systems, in accordance with article twenty-nine of
this chapter; to comply with certain posted maximum speed limits in
violation of subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this chapter within a highway construction or maintenance work
area through the installation and operation of photo speed violation
monitoring systems, in accordance with article thirty of this chapter;
to comply with gross vehicle weight and/or axle weight restrictions in
violation of section three hundred eighty-five of this chapter and the
rules of the applicable covered agency or covered authority as such
terms are defined in article ten of this chapter through the
installation and operation of weigh in motion violation monitoring
systems, in accordance with article ten of this chapter; or to comply
with bus operation-related traffic regulations as defined by article
twenty-four of this chapter in violation of the rules of the department
of transportation of the city of New York through the installation and
operation of bus operation-related photo devices, in accordance with
article twenty-four of this chapter; or 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, such hearing
examiner shall impose no greater penalty or fine than those upon which
the person was originally charged.

3. A judgment entered pursuant to the provisions of this section shall
remain in full force and effect for eight years notwithstanding any
other provision of law.