A09206 Summary:

BILL NO    A09206 

SAME AS    SAME AS S06918

SPONSOR    Silver (MS)

COSPNSR    Glick, Hooper, Weisenberg, Lavine, Schimel, Solages, Sweeney,
           Englebright, Ramos, Thiele, Hennessey, Cook, Gottfried, Weprin,
           Titone, Rosenthal, Ortiz, Moya, Clark, Quart, Miller, Crespo,
           Dinowitz, Titus, Lentol, Colton, Jacobs, Markey

MLTSPNSR   Arroyo, Brook-Krasny, Camara, Cymbrowitz, DenDekker, McDonough,
           Millman, O'Donnell, Perry, Robinson, Sepulveda, Weinstein

Amd SS401, 1809, 1809-e & 1180-b, add S1180-c, V & T L; amd S87, Pub Off L; amd
S371, Gen Muni L

Relates to establishing in the counties of Nassau and Suffolk a demonstration
program implementing speed violation monitoring systems in school speed zones
by means of photo devices; relates to photo speed violation monitoring systems
in school speed zones in the city of NY; provides for the repeal of such
provisions upon expiration thereof.
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A09206 Actions:

BILL NO    A09206 

03/30/2014 referred to transportation
03/31/2014 reported referred to codes
03/31/2014 reported referred to ways and means
04/28/2014 reported referred to rules
04/28/2014 reported 
04/28/2014 rules report cal.38
04/28/2014 ordered to third reading rules cal.38
04/28/2014 home rule request
04/28/2014 home rule request
04/28/2014 home rule request
04/28/2014 passed assembly
04/28/2014 delivered to senate
04/28/2014 REFERRED TO RULES
04/30/2014 SUBSTITUTED FOR S6918
04/30/2014 3RD READING CAL.488
04/30/2014 HOME RULE REQUEST
04/30/2014 PASSED SENATE
04/30/2014 RETURNED TO ASSEMBLY
06/24/2014 delivered to governor
06/25/2014 signed chap.43
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A09206 Votes:

A09206 04/28/2014 104/25
AbbateYCorwinNOGlickYLavineYNolanYRozicYTitusER
AbinantABCrespoYGoldfedYLentolYOaksNORussellYWalterNO
ArroyoYCrouchNOGoodellNOLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbER
BarclayNOCusickNOGrafERLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaNOScarborNOWrightY
BenedetYDavilaERHawleyNOMageeYPalumboYSchimelYZebrowsY
BlankenERDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliNODinowitYHennessYMalliotNOPeoplesYSepulveY
BraunstYDiPietrNOHevesiERMarkeyYPerryYSimanowY
BrennanYDupreyYHikindERMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadY
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchNOJohnsYMcLaughNORaiaYStecNO
ButlerERFitzpatNOKatzERMillerYRamosERSteckY
CahillNOFriendNOKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsNOMontesaYRobertsYSweeneyY
CerettoYGanttNOKellnerYMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyNO
ColtonYGiglioYKolbNOMoyaYRosaYThieleY
CookYGjonajYLalorNONojayNORosenthYTitoneY

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A09206 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9206
 
SPONSOR: Silver (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law, the public officers law and the general municipal law, in relation to estab- lishing in the counties of Nassau and Suffolk a demonstration program implementing speed violation monitoring systems in school speed zones by means of photo devices, and in relation to photo speed violation moni- toring systems in school speed zones in the city of New York; and providing for the repeal of such provisions upon expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: To reduce incidents of speeding in school zones in order to better protect schoolchildren.   SUMMARY OF SPECIFIC PROVISIONS: The bill would authorize the counties of Nassau and Suffolk to each establish a four-year pilot program to impose monetary liability on vehicle owners for the failure of vehicle operators to comply with maxi- mum posted speed limits in school speed zones during school days and school activities. These counties would be authorized to use photo speed violation monitoring systems within one school speed zone per school district in the counties. Additionally, the bill would expand the number of school speed zones in which the City of New York would be authorized to use speed cameras in its demonstration program by an additional 120, for a total of 140.   JUSTIFICATION: The safety of schoolchildren around our schools is of paramount impor- tance. In an effort to assess the effectiveness and impact in New York of automated enforcement systems on deterring drivers from speeding on streets where schools are located and thereby increase the safety of schoolchildren, the Legislature last year authorized the City of New York to implement a pilot program for the use of photo speed enforcement in up to twenty school zones. This bill would expand the size of this pilot program by expanding the number of school speed zones eligible for automated speed enforcement to a total of 140. The bill also would authorize the counties of Nassau and Suffolk to implement pilot programs for the use of photo speed violation monitoring systems in one school speed zone per school district in each county (69 in Suffolk County and 56 in Nassau County). While there have been a variety of studies over the years on automated enforcement, the National Highway Traffic Safety Administration has found that only a few studies were "well-controlled." By authorizing a greater number of cameras in New York City as well as pilot programs in Nassau and Suffolk Counties, this bill is intended to provide New York-specific information on speed camera performance and to reduce incidents of speeding at locations targeted to protect some of our most vulnerable residents, our schoolchildren.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: 30th day after enactment, to expire and be deemed repealed four years after such date.
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A09206 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9206
 
                   IN ASSEMBLY
 
                                     March 30, 2014
                                       ___________
 
        Introduced  by M. of A. SILVER, GLICK, HOOPER, WEISENBERG, LAVINE, SCHI-
          MEL, SOLAGES, SWEENEY, ENGLEBRIGHT, RAMOS,  THIELE,  HENNESSEY,  COOK,
          GOTTFRIED, WEPRIN, TITONE, ROSENTHAL, ORTIZ, MOYA, CLARK, QUART, MILL-
          ER,  CRESPO, DINOWITZ, TITUS -- Multi-Sponsored by -- M. of A. ARROYO,
          CAMARA, CYMBROWITZ, DenDEKKER, WEINSTEIN -- read once and referred  to
          the Committee on Transportation
 

        AN ACT to amend the vehicle and traffic law, the public officers law and
          the general municipal law, in relation to establishing in the counties
          of  Nassau  and  Suffolk  a  demonstration  program implementing speed
          violation monitoring systems in school speed zones by means  of  photo
          devices,  and  in relation to photo speed violation monitoring systems
          in school speed zones in the city of New York; and providing  for  the
          repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (i) of  paragraph  a  of  subdivision  5-a  of
     2  section  401  of the vehicle and traffic law, as amended by section 9 of
     3  chapter 189 of the laws of 2013, is amended to read as follows:

     4    (i) If at the time of application for a registration or renewal there-
     5  of there is a certification from a  court,  parking  violations  bureau,
     6  traffic  and  parking  violations  agency  or administrative tribunal of
     7  appropriate jurisdiction  [or  administrative  tribunal  of  appropriate
     8  jurisdiction] that the registrant or his or her representative failed to
     9  appear  on the return date or any subsequent adjourned date or failed to
    10  comply with the rules and  regulations  of  an  administrative  tribunal
    11  following  entry  of a final decision in response to a total of three or
    12  more summonses or other process in the aggregate, issued within an eigh-
    13  teen month period, charging either that:  (i)  such  motor  vehicle  was
    14  parked, stopped or standing, or that such motor vehicle was operated for
    15  hire  by  the registrant or his or her agent without being licensed as a

    16  motor vehicle for hire by the appropriate local authority, in  violation
    17  of  any of the provisions of this chapter or of any law, ordinance, rule
    18  or regulation made by a local authority;  or  (ii)  the  registrant  was
    19  liable  in accordance with section eleven hundred eleven-a of this chap-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14587-01-4

        A. 9206                             2
 
     1  ter or section eleven hundred eleven-b of this chapter for  a  violation
     2  of  subdivision (d) of section eleven hundred eleven of this chapter; or
     3  (iii) the registrant  was  liable  in  accordance  with  section  eleven
     4  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane

     5  restriction as defined in such  section,  or  (iv)  the  registrant  was
     6  liable  in accordance with section eleven hundred eighty-b of this chap-
     7  ter for a violation of subdivision (c) or (d) of section eleven  hundred
     8  eighty  of  this chapter, or (v) the registrant was liable in accordance
     9  with section eleven hundred eighty-c of this chapter for a violation  of
    10  subdivision (c) or (d) of section eleven hundred eighty of this chapter,
    11  the  commissioner  or  his  or  her agent shall deny the registration or
    12  renewal application until the applicant provides proof from  the  court,
    13  traffic and parking violations agency or administrative tribunal wherein
    14  the charges are pending that an appearance or answer has been made or in
    15  the  case of an administrative tribunal that he or she has complied with

    16  the rules and regulations of said tribunal following entry  of  a  final
    17  decision.  Where  an application is denied pursuant to this section, the
    18  commissioner may, in his or  her  discretion,  deny  a  registration  or
    19  renewal  application  to  any  other person for the same vehicle and may
    20  deny a registration or renewal application for any other  motor  vehicle
    21  registered  in  the  name  of  the  applicant where the commissioner has
    22  determined that such registrant's intent has been to evade the  purposes
    23  of this subdivision and where the commissioner has reasonable grounds to
    24  believe  that  such  registration  or  renewal  will  have the effect of
    25  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    26  remain  in  effect as long as the summonses remain unanswered, or in the
    27  case of an administrative tribunal, the registrant fails to comply  with

    28  the rules and regulations following entry of a final decision.
    29    §  1-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
    30  and traffic law, as amended by section 9-a of chapter 189 of the laws of
    31  2013, is amended to read as follows:
    32    a. If at the time of application for a registration or renewal thereof
    33  there is a certification from a  court  or  administrative  tribunal  of
    34  appropriate  jurisdiction  that  the  registrant or his or her represen-
    35  tative failed to appear on the return date or any  subsequent  adjourned
    36  date  or  failed to comply with the rules and regulations of an adminis-
    37  trative tribunal following entry of a final decision in  response  to  a
    38  total  of  three  or  more  summonses or other process in the aggregate,
    39  issued within an eighteen month period, charging either that:  (i)  such

    40  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    41  cle was operated for hire by the registrant or his or her agent  without
    42  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    43  authority, in violation of any of the provisions of this chapter  or  of
    44  any  law,  ordinance,  rule  or regulation made by a local authority; or
    45  (ii) the registrant was liable in accordance with section eleven hundred
    46  eleven-b of this chapter for a violation of subdivision (d)  of  section
    47  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    48  liable in accordance with section eleven hundred eleven-c of this  chap-
    49  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    50  section; or (iv) the registrant was liable in  accordance  with  section
    51  eleven  hundred  eighty-b of this chapter for a violation of subdivision

    52  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    53  ter; or (v) the registrant was liable in accordance with section  eleven
    54  hundred  eighty-c  of  this  chapter for a violation of subdivision (b),
    55  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
    56  the  commissioner  or  his  or  her agent shall deny the registration or

        A. 9206                             3
 
     1  renewal application until the applicant provides proof from the court or
     2  administrative tribunal wherein the charges are pending that an  appear-
     3  ance  or answer has been made or in the case of an administrative tribu-
     4  nal  that  he or she has complied with the rules and regulations of said
     5  tribunal following entry of a final decision. Where  an  application  is

     6  denied  pursuant  to  this  section, the commissioner may, in his or her
     7  discretion, deny a registration or  renewal  application  to  any  other
     8  person  for  the  same  vehicle  and  may deny a registration or renewal
     9  application for any other motor vehicle registered in the  name  of  the
    10  applicant  where  the commissioner has determined that such registrant's
    11  intent has been to evade the purposes of this subdivision and where  the
    12  commissioner has reasonable grounds to believe that such registration or
    13  renewal  will have the effect of defeating the purposes of this subdivi-
    14  sion. Such denial shall only remain in effect as long as  the  summonses
    15  remain  unanswered,  or  in  the case of an administrative tribunal, the
    16  registrant fails to comply with  the  rules  and  regulations  following
    17  entry of a final decision.

    18    §  1-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    19  and traffic law, as amended by section 9-b of chapter 189 of the laws of
    20  2013, is amended to read as follows:
    21    a. If at the time of application for a registration or renewal thereof
    22  there is a certification from a  court  or  administrative  tribunal  of
    23  appropriate  jurisdiction  that  the  registrant or his or her represen-
    24  tative failed to appear on the return date or any  subsequent  adjourned
    25  date  or  failed to comply with the rules and regulations of an adminis-
    26  trative tribunal following entry of a  final  decision  in  response  to
    27  three  or  more  summonses  or  other process, issued within an eighteen
    28  month period, charging that such motor vehicle was  parked,  stopped  or
    29  standing, or that such motor vehicle was operated for hire by the regis-

    30  trant  or his or her agent without being licensed as a motor vehicle for
    31  hire by the appropriate local authority, in  violation  of  any  of  the
    32  provisions  of this chapter or of any law, ordinance, rule or regulation
    33  made by a local authority or the registrant  was  liable  in  accordance
    34  with  section eleven hundred eleven-c of this chapter for a violation of
    35  a bus lane restriction as defined in such section, or the registrant was
    36  liable in accordance with section eleven hundred eighty-b of this  chap-
    37  ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
    38  eleven hundred eighty of this chapter, or the registrant was  liable  in
    39  accordance  with  section  eleven hundred eighty-c of this chapter for a
    40  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven

    41  hundred  eighty  of  this  chapter, the commissioner or his or her agent
    42  shall deny the registration or renewal application until  the  applicant
    43  provides  proof  from  the  court or administrative tribunal wherein the
    44  charges are pending that an appearance or answer has been made or in the
    45  case of an administrative tribunal that he or she has complied with  the
    46  rules  and regulations of said tribunal following entry of a final deci-
    47  sion. Where an application is  denied  pursuant  to  this  section,  the
    48  commissioner  may,  in  his  or  her  discretion, deny a registration or
    49  renewal application to any other person for the  same  vehicle  and  may
    50  deny  a  registration or renewal application for any other motor vehicle
    51  registered in the name of  the  applicant  where  the  commissioner  has
    52  determined  that such registrant's intent has been to evade the purposes

    53  of this subdivision and where the commissioner has reasonable grounds to
    54  believe that such registration  or  renewal  will  have  the  effect  of
    55  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    56  remain in effect as long as the summonses remain unanswered, or  in  the

        A. 9206                             4
 
     1  case  of an administrative tribunal, the registrant fails to comply with
     2  the rules and regulations following entry of a final decision.
     3    §  1-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     4  and traffic law, as amended by section 9-c of chapter 189 of the laws of
     5  2013, is amended to read as follows:
     6    a. If at the time of application for a registration or renewal thereof
     7  there is a certification from a  court  or  administrative  tribunal  of

     8  appropriate  jurisdiction  that  the  registrant  or  his representative
     9  failed to appear on the return date or any subsequent adjourned date  or
    10  failed  to  comply  with  the rules and regulations of an administrative
    11  tribunal following entry of a final decision in  response  to  three  or
    12  more summonses or other process, issued within an eighteen month period,
    13  charging  that  such  motor  vehicle was parked, stopped or standing, or
    14  that such motor vehicle was operated for hire by the registrant  or  his
    15  agent  without  being licensed as a motor vehicle for hire by the appro-
    16  priate local authority, in violation of any of the  provisions  of  this
    17  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    18  authority, or the registrant was liable in accordance with section elev-
    19  en hundred eighty-b of this chapter for violations of  subdivision  (b),

    20  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
    21  or the registrant was liable in accordance with section  eleven  hundred
    22  eighty-c  of  this  chapter for violations of subdivision (b), (c), (d),
    23  (f) or (g) of section eleven hundred eighty of this chapter, the commis-
    24  sioner or his agent shall deny the registration or  renewal  application
    25  until  the  applicant  provides  proof  from the court or administrative
    26  tribunal wherein the charges are pending that an  appearance  or  answer
    27  has  been  made or in the case of an administrative tribunal that he has
    28  complied with the rules and regulations of said tribunal following entry
    29  of a final decision. Where an application is  denied  pursuant  to  this
    30  section, the commissioner may, in his discretion, deny a registration or

    31  renewal  application  to  any  other person for the same vehicle and may
    32  deny a registration or renewal application for any other  motor  vehicle
    33  registered  in  the  name  of  the  applicant where the commissioner has
    34  determined that such registrant's intent has been to evade the  purposes
    35  of this subdivision and where the commissioner has reasonable grounds to
    36  believe  that  such  registration  or  renewal  will  have the effect of
    37  defeating the purposes of  this  subdivision.  Such  denial  shall  only
    38  remain  in  effect as long as the summonses remain unanswered, or in the
    39  case of an administrative tribunal, the registrant fails to comply  with
    40  the rules and regulations following entry of a final decision.
    41    §  1-d.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    42  and traffic law, as separately amended by chapters 339 and  592  of  the

    43  laws of 1987, is amended to read as follows:
    44    a. If at the time of application for a registration or renewal thereof
    45  there  is  a  certification  from  a court or administrative tribunal of
    46  appropriate jurisdiction  that  the  registrant  or  his  representative
    47  failed  to appear on the return date or any subsequent adjourned date or
    48  failed to comply with the rules and  regulations  of  an  administrative
    49  tribunal  following  entry  of  a final decision in response to three or
    50  more summonses or other process, issued within an eighteen month period,
    51  charging that such motor vehicle was parked,  stopped  or  standing,  or
    52  that  such  motor vehicle was operated for hire by the registrant or his
    53  agent without being licensed as a motor vehicle for hire by  the  appro-
    54  priate  local  authority,  in violation of any of the provisions of this

    55  chapter or of any law, ordinance, rule or regulation  made  by  a  local
    56  authority, or the registrant was liable in accordance with section elev-

        A. 9206                             5
 
     1  en  hundred  eighty-c of this chapter for violations of subdivision (b),
     2  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
     3  the  commissioner  or  his  agent shall deny the registration or renewal
     4  application  until the applicant provides proof from the court or admin-
     5  istrative tribunal wherein the charges are pending that an appearance or
     6  answer has been made or in the case of an administrative  tribunal  that
     7  he  has complied with the rules and regulations of said tribunal follow-
     8  ing entry of a final decision. Where an application is  denied  pursuant

     9  to  this section, the commissioner may, in his discretion, deny a regis-
    10  tration or renewal application to any other person for the same  vehicle
    11  and  may  deny a registration or renewal application for any other motor
    12  vehicle registered in the name of the applicant where  the  commissioner
    13  has  determined  that  such  registrant's  intent  has been to evade the
    14  purposes of this subdivision and where the commissioner  has  reasonable
    15  grounds  to  believe  that  such  registration  or renewal will have the
    16  effect of defeating the purposes of this subdivision. Such denial  shall
    17  only  remain in effect as long as the summonses remain unanswered, or in
    18  the case of an administrative tribunal, the registrant fails  to  comply
    19  with the rules and regulations following entry of a final decision.
    20    §  2.  The  vehicle and traffic law is amended by adding a new section

    21  1180-c to read as follows:
    22    § 1180-c. Owner liability for  failure  of  operator  to  comply  with
    23  certain  posted  maximum  speed limits. (a) 1. Notwithstanding any other
    24  provision of law, the counties of Nassau and Suffolk are hereby  author-
    25  ized to establish a demonstration program imposing monetary liability on
    26  the owner of a vehicle for failure of an operator thereof to comply with
    27  posted  maximum  speed limits in a school speed zone within the counties
    28  (i) when a school speed limit is in effect as provided in paragraphs one
    29  and two of subdivision (c) of section  eleven  hundred  eighty  of  this
    30  article  or  (ii)  when  other speed limits are in effect as provided in
    31  subdivision (b), (d), (f) or (g) of section  eleven  hundred  eighty  of

    32  this  article  during  the  following  times:  (A) on school days during
    33  school hours and one hour before and one hour after the school day,  and
    34  (B)  a  period  during student activities at the school and up to thirty
    35  minutes immediately before and up to thirty  minutes  immediately  after
    36  such  student  activities.  Such demonstration program shall empower the
    37  counties to install photo speed violation monitoring systems  within  no
    38  more  than  one school speed zone per school district within each county
    39  at any one time and to operate such systems within such zones (iii) when
    40  a school speed limit is in effect as provided in paragraphs one and  two
    41  of  subdivision  (c) of section eleven hundred eighty of this article or

    42  (iv) when other speed limits are in effect as  provided  in  subdivision
    43  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article
    44  during the following times: (A) on school days during school  hours  and
    45  one  hour  before  and  one  hour after the school day, and (B) a period
    46  during student activities at the school and up to thirty  minutes  imme-
    47  diately  before  and up to thirty minutes immediately after such student
    48  activities. In selecting a school speed zone in  which  to  install  and
    49  operate  a  photo  speed violation monitoring system, the counties shall
    50  consider criteria including, but not limited to the  speed  data,  crash
    51  history, and the roadway geometry applicable to such school speed zone.

    52    2.  No  photo  speed  violation  monitoring  system shall be used in a
    53  school speed zone unless (i) on the day it is to be used it has success-
    54  fully passed a self-test of its functions; and (ii) it has undergone  an
    55  annual  calibration  check  performed pursuant to paragraph four of this
    56  subdivision. The counties may install signs giving notice that  a  photo

        A. 9206                             6
 
     1  speed  violation  monitoring  system  is in use to be mounted on advance
     2  warning signs notifying motor vehicle operators of such upcoming  school
     3  speed  zone  and/or  on  speed limit signs applicable within such school
     4  speed zone, in conformance with standards established in the MUTCD.

     5    3.  Operators  of  photo speed violation monitoring systems shall have
     6  completed training in the procedures for setting up, testing, and  oper-
     7  ating  such  systems. Each such operator shall complete and sign a daily
     8  set-up log for each such system that he or she operates that (i)  states
     9  the  date  and  time when, and the location where, the system was set up
    10  that day, and (ii) states that such operator successfully performed, and
    11  the system passed, the self-tests of  such  system  before  producing  a
    12  recorded  image  that day. The counties shall retain each such daily log
    13  until the later of the date on which the photo speed violation  monitor-
    14  ing  system to which it applies has been permanently removed from use or

    15  the final resolution of all cases involving notices of liability  issued
    16  based  on  photographs, microphotographs, video or other recorded images
    17  produced by such system.
    18    4. Each photo speed violation monitoring system shall undergo an annu-
    19  al calibration check performed by an independent calibration  laboratory
    20  which  shall  issue  a  signed  certificate of calibration. The counties
    21  shall keep each such annual certificate of calibration on file until the
    22  final resolution of all cases involving a  notice  of  liability  issued
    23  during  such  year  which  were  based on photographs, microphotographs,
    24  videotape  or  other  recorded  images  produced  by  such  photo  speed
    25  violation monitoring system.

    26    5. (i) Such demonstration program shall utilize necessary technologies
    27  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    28  graphs, videotape or other recorded images produced by such photo  speed
    29  violation  monitoring systems shall not include images that identify the
    30  driver, the passengers, or the contents of the vehicle. Provided, howev-
    31  er, that no notice of liability issued pursuant to this section shall be
    32  dismissed solely because such a photograph,  microphotograph,  videotape
    33  or other recorded image allows for the identification of the driver, the
    34  passengers, or the contents of vehicles where either county, as applica-
    35  ble, shows that it made reasonable efforts to comply with the provisions

    36  of this paragraph in such case.
    37    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    38  image from a photo speed violation monitoring system shall  be  for  the
    39  exclusive use of each such county for the purpose of the adjudication of
    40  liability  imposed pursuant to this section and of the owner receiving a
    41  notice of liability pursuant to this section, and shall be destroyed  by
    42  each such county upon the final resolution of the notice of liability to
    43  which  such  photographs,  microphotographs, videotape or other recorded
    44  images relate, or one year following the date of issuance of such notice
    45  of liability, whichever is later. Notwithstanding the provisions of  any

    46  other  law, rule or regulation to the contrary, photographs, microphoto-
    47  graphs, videotape or  any  other  recorded  image  from  a  photo  speed
    48  violation monitoring system shall not be open to the public, nor subject
    49  to  civil  or  criminal  process  or discovery, nor used by any court or
    50  administrative or adjudicatory body in any action or proceeding  therein
    51  except  that  which  is  necessary  for  the adjudication of a notice of
    52  liability issued pursuant to this  section,  and  no  public  entity  or
    53  employee,  officer  or  agent  thereof  shall disclose such information,
    54  except that such photographs, microphotographs, videotape or  any  other
    55  recorded images from such systems:

        A. 9206                             7
 

     1    (A) shall be available for inspection and copying and use by the motor
     2  vehicle  owner and operator for so long as such photographs, microphoto-
     3  graphs, videotape or other recorded images are required to be maintained
     4  or are maintained by such public entity, employee, officer or agent; and
     5    (B)  (1)  shall be furnished when described in a search warrant issued
     6  by a court authorized to issue such a search warrant pursuant to article
     7  six hundred ninety of the criminal procedure  law  or  a  federal  court
     8  authorized  to issue such a search warrant under federal law, where such
     9  search warrant states that there is reasonable  cause  to  believe  such
    10  information  constitutes  evidence  of,  or tends to demonstrate that, a

    11  misdemeanor or felony offense was committed in  this  state  or  another
    12  state,  or  that a particular person participated in the commission of a
    13  misdemeanor or felony offense in this state or another state,  provided,
    14  however, that if such offense was against the laws of another state, the
    15  court  shall only issue a warrant if the conduct comprising such offense
    16  would, if occurring in this state, constitute a  misdemeanor  or  felony
    17  against the laws of this state; and
    18    (2) shall be furnished in response to a subpoena duces tecum signed by
    19  a  judge  of  competent  jurisdiction and issued pursuant to article six
    20  hundred ten of the criminal procedure law or a judge or magistrate of  a

    21  federal  court  authorized  to  issue  such a subpoena duces tecum under
    22  federal law, where the judge finds and the subpoena states that there is
    23  reasonable cause to believe such information is relevant and material to
    24  the prosecution, or the defense, or the investigation by  an  authorized
    25  law  enforcement official, of the alleged commission of a misdemeanor or
    26  felony in this state or another state, provided, however, that  if  such
    27  offense  was against the laws of another state, such judge or magistrate
    28  shall only issue such subpoena if the conduct  comprising  such  offense
    29  would, if occurring in this state, constitute a misdemeanor or felony in
    30  this state; and
    31    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)

    32  of this subparagraph and otherwise admissible, be used in such  criminal
    33  action or proceeding.
    34    (b)  If  the  counties of Nassau and Suffolk establish a demonstration
    35  program pursuant to subdivision (a) of this  section,  the  owner  of  a
    36  vehicle  shall  be liable for a penalty imposed pursuant to this section
    37  if such vehicle was used or operated with the permission of  the  owner,
    38  express  or implied, within a school speed zone in violation of subdivi-
    39  sion (c) of section eleven hundred eighty of this article or during  the
    40  times  authorized  pursuant  to  subdivision  (a)  of  this  section  in
    41  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    42  eighty  of  this  article, such vehicle was traveling at a speed of more

    43  than ten miles per hour above the posted speed limit  in  effect  within
    44  such  school  speed zone, and such violation is evidenced by information
    45  obtained from a photo speed violation monitoring system; provided howev-
    46  er that no owner of a vehicle shall be  liable  for  a  penalty  imposed
    47  pursuant  to  this  section  where the operator of such vehicle has been
    48  convicted of the underlying violation of subdivision (b), (c), (d),  (f)
    49  or (g) of section eleven hundred eighty of this article.
    50    (c)  For  purposes of this section, the following terms shall have the
    51  following meanings:
    52    1. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    53  the  manual  and  specifications for a uniform system of traffic control

    54  devices maintained by the commissioner  of  transportation  pursuant  to
    55  section sixteen hundred eighty of this chapter;

        A. 9206                             8
 
     1    2.  "owner"  shall  have the meaning provided in article two-B of this
     2  chapter.
     3    3.  "photo  speed  violation  monitoring  system" shall mean a vehicle
     4  sensor installed to work in conjunction with a  speed  measuring  device
     5  which automatically produces two or more photographs, two or more micro-
     6  photographs, a videotape or other recorded images of each vehicle at the
     7  time  it  is  used  or  operated  in a school speed zone in violation of
     8  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty

     9  of this article in accordance with the provisions of this section; and
    10    4.  "school  speed zone" shall mean a distance not to exceed one thou-
    11  sand three hundred twenty feet on a highway passing a  school  building,
    12  entrance or exit of a school abutting on the highway.
    13    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    14  the counties of Nassau or Suffolk as applicable, or a facsimile thereof,
    15  based upon inspection of  photographs,  microphotographs,  videotape  or
    16  other  recorded  images  produced  by a photo speed violation monitoring
    17  system, shall be prima facie evidence of the  facts  contained  therein.
    18  Any  photographs,  microphotographs,  videotape or other recorded images

    19  evidencing such a violation shall include at least  two  date  and  time
    20  stamped  images  of  the rear of the motor vehicle that include the same
    21  stationary object near the motor vehicle  and  shall  be  available  for
    22  inspection  reasonably in advance of and at any proceeding to adjudicate
    23  the liability for such violation pursuant to this section.
    24    (e) An owner liable for a violation of subdivision (b), (c), (d),  (f)
    25  or  (g)  of  section eleven hundred eighty of this article pursuant to a
    26  demonstration program established pursuant  to  this  section  shall  be
    27  liable for monetary penalties in accordance with a schedule of fines and
    28  penalties  to be promulgated by the traffic and parking violations agen-

    29  cies of the counties of Nassau and Suffolk. The liability of  the  owner
    30  pursuant  to  this  section  shall  not  exceed  fifty  dollars for each
    31  violation;  provided,  however,  that  each  such  traffic  and  parking
    32  violations agency may provide for an additional penalty not in excess of
    33  twenty-five  dollars  for each violation for the failure to respond to a
    34  notice of liability within the prescribed time period.
    35    (f) An imposition of liability under the demonstration program  estab-
    36  lished  pursuant  to this section shall not be deemed a conviction as an
    37  operator and shall not be made part  of  the  operating  record  of  the
    38  person  upon  whom  such  liability  is imposed nor shall it be used for

    39  insurance purposes in the provision of motor vehicle insurance coverage.
    40    (g) 1. A notice of liability shall be sent by first class mail to each
    41  person alleged to be liable as an owner for a violation  of  subdivision
    42  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    43  cle  pursuant  to  this  section,  within fourteen business days if such
    44  owner is a resident of this state and within forty-five business days if
    45  such owner is a non-resident. Personal delivery on the owner  shall  not
    46  be  required.  A  manual  or automatic record of mailing prepared in the
    47  ordinary course of business shall be prima facie evidence of  the  facts
    48  contained therein.
    49    2.  A  notice  of  liability shall contain the name and address of the

    50  person alleged to be liable as an owner for a violation  of  subdivision
    51  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    52  cle  pursuant  to  this  section, the registration number of the vehicle
    53  involved in such violation,  the  location  where  such  violation  took
    54  place, the date and time of such violation, the identification number of
    55  the  camera  which  recorded  the  violation  or  other document locator
    56  number, at least two date and time stamped images of  the  rear  of  the

        A. 9206                             9
 
     1  motor  vehicle  that  include  the same stationary object near the motor
     2  vehicle, and the certificate charging the liability.

     3    3.  The  notice  of  liability  shall contain information advising the
     4  person charged of the manner and the time in which he or she may contest
     5  the liability alleged in the notice.   Such notice  of  liability  shall
     6  also contain a prominent warning to advise the person charged that fail-
     7  ure to contest in the manner and time provided shall be deemed an admis-
     8  sion of liability and that a default judgment may be entered thereon.
     9    4.  The notice of liability shall be prepared and mailed by the county
    10  of Nassau or Suffolk, as applicable, or by any other  entity  authorized
    11  by such counties to prepare and mail such notice of liability.
    12    (h)  Adjudication of the liability imposed upon owners of this section

    13  shall be by the court having jurisdiction over traffic infractions.
    14    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    15  section for any time period during which the vehicle or the number plate
    16  or  plates  of  such  vehicle  was  reported to the police department as
    17  having been stolen, it shall be a valid  defense  to  an  allegation  of
    18  liability  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
    19  section eleven hundred eighty of this article pursuant to  this  section
    20  that  the vehicle or the number plate or plates of such vehicle had been
    21  reported to the police  as  stolen  prior  to  the  time  the  violation
    22  occurred  and  had  not  been  recovered  by  such time. For purposes of

    23  asserting the defense provided by this subdivision, it shall  be  suffi-
    24  cient  that  a certified copy of the police report on the stolen vehicle
    25  or number plate or plates of such vehicle be sent by first class mail to
    26  the court having jurisdiction in such counties.
    27    (j) An owner who is a lessor of a vehicle to which a notice of liabil-
    28  ity was issued pursuant to subdivision (g) of this section shall not  be
    29  liable  for  the  violation  of subdivision (b), (c), (d), (f) or (g) of
    30  section eleven hundred eighty of this article, provided that he  or  she
    31  sends  to  the  court having jurisdiction a copy of the rental, lease or
    32  other such contract document covering such vehicle on the  date  of  the

    33  violation,  with  the  name  and  address of the lessee clearly legible,
    34  within thirty-seven days after receiving notice from the  court  of  the
    35  date  and  time  of  such violation, together with the other information
    36  contained in the original notice of  liability.  Failure  to  send  such
    37  information  within  such  thirty-seven day time period shall render the
    38  owner liable for the penalty  prescribed  by  this  section.  Where  the
    39  lessor  complies  with  the  provisions of this paragraph, the lessee of
    40  such vehicle on the date of such violation shall be  deemed  to  be  the
    41  owner  of such vehicle for purposes of this section, shall be subject to
    42  liability for the violation of subdivision (b), (c), (d), (f) or (g)  of

    43  section  eleven  hundred eighty of this article pursuant to this section
    44  and shall be sent a notice of liability pursuant to subdivision  (g)  of
    45  this section.
    46    (k)  1.  If the owner liable for a violation of subdivision (c) or (d)
    47  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    48  section  was  not  the  operator  of  the  vehicle  at  the  time of the
    49  violation, the owner may maintain an action for indemnification  against
    50  the operator.
    51    2.  Notwithstanding any other provision of this section, no owner of a
    52  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    53  section if the operator of such vehicle was operating such vehicle with-

    54  out  the  consent  of  the owner at the time such operator operated such
    55  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    56  eleven hundred eighty of this article. For purposes of this  subdivision

        A. 9206                            10
 
     1  there shall be a presumption that the operator of such vehicle was oper-
     2  ating such vehicle with the consent of the owner at the time such opera-
     3  tor operated such vehicle in violation of subdivision (b), (c), (d), (f)
     4  or (g) of section eleven hundred eighty of this article.
     5    (l)  Nothing in this section shall be construed to limit the liability
     6  of an operator of a vehicle for any violation of subdivision (c) or  (d)
     7  of section eleven hundred eighty of this article.

     8    (m)  Notwithstanding  any law to the contrary, the net proceeds of any
     9  penalty after expenses of administration, resulting from a  photo  speed
    10  violation  monitoring  system used in the course of this program located
    11  on a village maintained street or highway within the  county  of  Nassau
    12  shall inure to said village.
    13    (n)  If  either county adopts a demonstration program pursuant to this
    14  section it shall conduct a study and submit a report on the  results  of
    15  the use of photo devices to the governor, the temporary president of the
    16  senate and the speaker of the assembly. Such report shall include:
    17    1. the locations where and dates when photo speed violation monitoring
    18  systems were used;

    19    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    20  injuries and property damage reported  within  all  school  speed  zones
    21  within  such  county, to the extent the information is maintained by the
    22  department of motor vehicles of this state;
    23    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    24  injuries  and  property  damage reported within school speed zones where
    25  photo speed violation monitoring systems were used, to  the  extent  the
    26  information  is  maintained  by the department of motor vehicles of this
    27  state;
    28    4. the number of violations recorded within  all  school  speed  zones
    29  within  such  county,  in  the  aggregate on a daily, weekly and monthly
    30  basis;

    31    5. the number of violations recorded within  each  school  speed  zone
    32  where  a  photo speed violation monitoring system is used, in the aggre-
    33  gate on a daily, weekly and monthly basis;
    34    6. the number of violations recorded within  all  school  speed  zones
    35  within such county that were:
    36    (i)  more  than  ten  but not more than twenty miles per hour over the
    37  posted speed limit;
    38    (ii) more than twenty but not more than thirty miles per hour over the
    39  posted speed limit;
    40    (iii) more than thirty but not more than forty miles per hour over the
    41  posted speed limit; and
    42    (iv) more than forty miles per hour over the posted speed limit;

    43    7. the number of violations recorded within  each  school  speed  zone
    44  where a photo speed violation monitoring system is used that were:
    45    (i)  more  than  ten  but not more than twenty miles per hour over the
    46  posted speed limit;
    47    (ii) more than twenty but not more than thirty miles per hour over the
    48  posted speed limit;
    49    (iii) more than thirty but not more than forty miles per hour over the
    50  posted speed limit; and
    51    (iv) more than forty miles per hour over the posted speed limit;
    52    8. the total number of notices  of  liability  issued  for  violations
    53  recorded by such systems;
    54    9.  the number of fines and total amount of fines paid after the first

    55  notice of liability issued for violations recorded by such systems;

        A. 9206                            11
 
     1    10. the number of violations adjudicated and the results of such adju-
     2  dications including  breakdowns  of  dispositions  made  for  violations
     3  recorded by such systems;
     4    11.  the total amount of revenue realized by such county in connection
     5  with the program;
     6    12. the expenses incurred  by  such  county  in  connection  with  the
     7  program; and
     8    13. the quality of the adjudication process and its results.
     9    (o) It shall be a defense to any prosecution for a violation of subdi-
    10  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of

    11  this article pursuant to this section that such  photo  speed  violation
    12  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    13  violation.
    14    § 3. The opening paragraph and  paragraph  (c)  of  subdivision  1  of
    15  section 1809 of the vehicle and traffic law, as amended by section 11 of
    16  chapter 189 of the laws of 2013, are amended to read as follows:
    17    Whenever  proceedings in an administrative tribunal or a court of this
    18  state result in a conviction for an offense  under  this  chapter  or  a
    19  traffic  infraction  under this chapter, or a local law, ordinance, rule
    20  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    21  infraction  involving  standing,  stopping,  or parking or violations by
    22  pedestrians or bicyclists, or other than an adjudication of liability of

    23  an owner for a violation of subdivision (d) of  section  eleven  hundred
    24  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    25  eleven-a of this chapter, or other than an adjudication of liability  of
    26  an  owner  for  a violation of subdivision (d) of section eleven hundred
    27  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    28  eleven-b  of  this  chapter, or other than an adjudication in accordance
    29  with section eleven hundred eleven-c of this chapter for a violation  of
    30  a  bus  lane  restriction  as  defined in such section, or other than an
    31  adjudication of liability of an owner for  a  violation  of  subdivision
    32  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    33  ter  in accordance with section eleven hundred eighty-b of this chapter,
    34  or other than an adjudication of liability of an owner for  a  violation

    35  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    36  eighty of this chapter in accordance with section eleven hundred  eight-
    37  y-c of this chapter, there shall be levied a crime victim assistance fee
    38  and  a  mandatory  surcharge,  in  addition  to any sentence required or
    39  permitted by law, in accordance with the following schedule:
    40    (c) Whenever proceedings in an administrative tribunal or a  court  of
    41  this  state  result  in  a  conviction for an offense under this chapter
    42  other than a crime pursuant to section eleven hundred ninety-two of this
    43  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    44  ordinance,  rule  or  regulation adopted pursuant to this chapter, other
    45  than a traffic infraction involving standing, stopping,  or  parking  or

    46  violations  by  pedestrians or bicyclists, or other than an adjudication
    47  of liability of an owner for a violation of subdivision (d)  of  section
    48  eleven  hundred eleven of this chapter in accordance with section eleven
    49  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    50  liability  of  an  owner  for  a violation of subdivision (d) of section
    51  eleven hundred eleven of this chapter in accordance with section  eleven
    52  hundred  eleven-b  of this chapter, or other than an infraction pursuant
    53  to article nine of this chapter or other than an adjudication of liabil-
    54  ity of an owner for a violation of toll collection regulations  pursuant
    55  to  section two thousand nine hundred eighty-five of the public authori-
    56  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven

        A. 9206                            12
 

     1  hundred seventy-four of the laws of nineteen hundred fifty or other than
     2  an adjudication in accordance with section eleven  hundred  eleven-c  of
     3  this  chapter  for  a  violation of a bus lane restriction as defined in
     4  such section, or other than an adjudication of liability of an owner for
     5  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
     6  hundred eighty of this chapter in accordance with section eleven hundred
     7  eighty-b of this chapter, or other than an adjudication of liability  of
     8  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
     9  section eleven hundred eighty of this chapter in accordance with section
    10  eleven hundred eighty-c of this chapter, there shall be levied  a  crime
    11  victim  assistance  fee  in  the  amount of five dollars and a mandatory

    12  surcharge, in addition to any sentence required or permitted by law,  in
    13  the amount of fifty-five dollars.
    14    §  3-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    15  as amended by section 11-a of chapter  189  of  the  laws  of  2013,  is
    16  amended to read as follows:
    17    1.  Whenever  proceedings  in an administrative tribunal or a court of
    18  this state result in a conviction for a crime under this  chapter  or  a
    19  traffic  infraction  under this chapter, or a local law, ordinance, rule
    20  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    21  infraction involving standing, stopping, parking or motor vehicle equip-
    22  ment  or violations by pedestrians or bicyclists, or other than an adju-
    23  dication of liability of an owner for a violation of subdivision (d)  of
    24  section eleven hundred eleven of this chapter in accordance with section

    25  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    26  of liability of an owner for a violation of subdivision (d)  of  section
    27  eleven  hundred eleven of this chapter in accordance with section eleven
    28  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    29  accordance  with  section  eleven hundred eleven-c of this chapter for a
    30  violation of a bus lane restriction as defined in such section, or other
    31  than an adjudication of liability of an owner for a violation of  subdi-
    32  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    33  this chapter in accordance with section eleven hundred eighty-b of  this
    34  chapter,  or  other  than an adjudication of liability of an owner for a
    35  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven

    36  hundred eighty of this chapter in accordance with section eleven hundred
    37  eighty-c  of  this chapter, there shall be levied a mandatory surcharge,
    38  in addition to any sentence required or permitted by law, in the  amount
    39  of twenty-five dollars.
    40    §  3-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    41  as amended by section 11-b of chapter  189  of  the  laws  of  2013,  is
    42  amended to read as follows:
    43    1.  Whenever  proceedings  in an administrative tribunal or a court of
    44  this state result in a conviction for a crime under this  chapter  or  a
    45  traffic  infraction  under  this chapter other than a traffic infraction
    46  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    47  violations  by  pedestrians or bicyclists, or other than an adjudication
    48  in accordance with section eleven hundred eleven-c of this chapter for a

    49  violation of a bus lane restriction as defined in such section, or other
    50  than an adjudication of liability of an owner for a violation of  subdi-
    51  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    52  this chapter in accordance with section eleven hundred eighty-b of  this
    53  chapter,  or  other  than an adjudication of liability of an owner for a
    54  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    55  hundred eighty of this chapter in accordance with section eleven hundred
    56  eighty-c  of  this chapter, there shall be levied a mandatory surcharge,

        A. 9206                            13
 
     1  in addition to any sentence required or permitted by law, in the  amount
     2  of seventeen dollars.
     3    §  3-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,

     4  as amended by section 11-c of chapter  189  of  the  laws  of  2013,  is
     5  amended to read as follows:
     6    1.  Whenever  proceedings  in an administrative tribunal or a court of
     7  this state result in a conviction for a crime under this  chapter  or  a
     8  traffic  infraction  under  this chapter other than a traffic infraction
     9  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    10  violations  by  pedestrians or bicyclists, or other than an adjudication
    11  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    12  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    13  ance with section eleven hundred eighty-b of this chapter, or other than
    14  an adjudication of liability of an owner for a violation of  subdivision
    15  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-

    16  ter  in accordance with section eleven hundred eighty-c of this chapter,
    17  there shall be levied a mandatory surcharge, in addition to any sentence
    18  required or permitted by law, in the amount of seventeen dollars.
    19    § 3-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    20  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    21  of the laws of 1989, is amended to read as follows:
    22    1. Whenever proceedings in an administrative tribunal or  a  court  of
    23  this  state  result  in a conviction for a crime under this chapter or a
    24  traffic infraction under this chapter other than  a  traffic  infraction
    25  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    26  violations by pedestrians or bicyclists, or other than  an  adjudication
    27  of  liability  of an owner for a violation of subdivision (b), (c), (d),

    28  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    29  ance  with  section eleven hundred eighty-c of this chapter, there shall
    30  be levied a mandatory surcharge, in addition to any sentence required or
    31  permitted by law, in the amount of seventeen dollars.
    32    § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    33  traffic law, as amended by section 12-a of chapter 189 of  the  laws  of
    34  2013, is amended to read as follows:
    35    a. Notwithstanding any other provision of law, whenever proceedings in
    36  a  court  or  an  administrative  tribunal  of  this  state  result in a
    37  conviction for an offense under this chapter, except a conviction pursu-
    38  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    39  fic infraction under this chapter, or a local law,  ordinance,  rule  or

    40  regulation adopted pursuant to this chapter, except a traffic infraction
    41  involving standing, stopping, or parking or violations by pedestrians or
    42  bicyclists,  and  except  an adjudication of liability of an owner for a
    43  violation of subdivision (d) of section eleven hundred  eleven  of  this
    44  chapter in accordance with section eleven hundred eleven-a of this chap-
    45  ter, and except an adjudication of liability of an owner for a violation
    46  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    47  accordance with section eleven hundred eleven-b  of  this  chapter,  and
    48  except  an  adjudication  in  accordance  with  section  eleven  hundred
    49  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
    50  defined  in such section, and [expect] except an adjudication of liabil-
    51  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)

    52  of section eleven hundred eighty of  this  chapter  in  accordance  with
    53  section  eleven  hundred eighty-b of this chapter, and except an adjudi-
    54  cation of liability of an owner for a violation of subdivision (b), (c),
    55  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
    56  accordance  with  section  eleven  hundred eighty-c of this chapter, and

        A. 9206                            14
 
     1  except an adjudication of liability of an owner for a violation of  toll
     2  collection  regulations  pursuant  to  section two thousand nine hundred
     3  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
     4  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
     5  laws of nineteen hundred fifty, there shall be levied in addition to any

     6  sentence, penalty or other surcharge required or permitted  by  law,  an
     7  additional surcharge of twenty-eight dollars.
     8    §  4-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
     9  and traffic law, as amended by section 12-b of chapter 189 of  the  laws
    10  of 2013, is amended to read as follows:
    11    a. Notwithstanding any other provision of law, whenever proceedings in
    12  a  court  or  an  administrative  tribunal  of  this  state  result in a
    13  conviction for an offense under this chapter, except a conviction pursu-
    14  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    15  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    16  regulation adopted pursuant to this chapter, except a traffic infraction
    17  involving standing, stopping, or parking or violations by pedestrians or
    18  bicyclists,  and  except  an adjudication of liability of an owner for a

    19  violation of subdivision (d) of section eleven hundred  eleven  of  this
    20  chapter in accordance with section eleven hundred eleven-a of this chap-
    21  ter,  and  except  an  adjudication  in  accordance  with section eleven
    22  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    23  restriction  as  defined  in such section, and except an adjudication of
    24  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
    25  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    26  with section eleven hundred eighty-b of  this  chapter,  and  except  an
    27  adjudication  of  liability  of  an owner for a violation of subdivision
    28  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    29  ter in accordance with section eleven hundred eighty-c of this  chapter,

    30  and  except  an adjudication of liability of an owner for a violation of
    31  toll collection  regulations  pursuant  to  section  two  thousand  nine
    32  hundred eighty-five of the public authorities law or sections sixteen-a,
    33  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    34  laws of nineteen hundred fifty, there shall be levied in addition to any
    35  sentence, penalty or other surcharge required or permitted  by  law,  an
    36  additional surcharge of twenty-eight dollars.
    37    §  4-b.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
    38  and traffic law, as amended by section 12-c of chapter 189 of  the  laws
    39  of 2013, is amended to read as follows:
    40    a. Notwithstanding any other provision of law, whenever proceedings in
    41  a  court  or  an  administrative  tribunal  of  this  state  result in a
    42  conviction for an offense under this chapter, except a conviction pursu-

    43  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    44  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    45  regulation adopted pursuant to this chapter, except a traffic infraction
    46  involving standing, stopping, or parking or violations by pedestrians or
    47  bicyclists,  and  except  an adjudication of liability of an owner for a
    48  violation of subdivision (d) of section eleven hundred  eleven  of  this
    49  chapter in accordance with section eleven hundred eleven-a of this chap-
    50  ter, and except an adjudication of liability of an owner for a violation
    51  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    52  eighty of this chapter in accordance with section eleven hundred  eight-
    53  y-b of this chapter, and except an adjudication of liability of an owner
    54  for  a  violation  of  subdivision  (b), (c), (d), (f) or (g) of section

    55  eleven hundred eighty of this chapter in accordance with section  eleven
    56  hundred  eighty-c of this chapter, and except an adjudication of liabil-

        A. 9206                            15
 
     1  ity of an owner for a violation of toll collection regulations  pursuant
     2  to  section two thousand nine hundred eighty-five of the public authori-
     3  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
     4  hundred  seventy-four of the laws of nineteen hundred fifty, there shall
     5  be levied in addition  to  any  sentence,  penalty  or  other  surcharge
     6  required  or  permitted  by law, an additional surcharge of twenty-eight
     7  dollars.
     8    § 4-c. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
     9  and  traffic  law,  as added by section 5 of part C of chapter 55 of the
    10  laws of 2013, is amended to read as follows:

    11    a. Notwithstanding any other provision of law, whenever proceedings in
    12  a court or  an  administrative  tribunal  of  this  state  result  in  a
    13  conviction for an offense under this chapter, except a conviction pursu-
    14  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    15  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    16  regulation adopted pursuant to this chapter, except a traffic infraction
    17  involving standing, stopping, or parking or violations by pedestrians or
    18  bicyclists, and except an adjudication of liability of an  owner  for  a
    19  violation  of  subdivision  (d) of section eleven hundred eleven of this
    20  chapter in accordance with section eleven hundred eleven-a of this chap-
    21  ter, and except an adjudication of liability of an owner for a violation
    22  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred

    23  eighty  of this chapter in accordance with section eleven hundred eight-
    24  y-c of this chapter, and except an adjudication of liability of an owner
    25  for a violation of toll collection regulations pursuant to  section  two
    26  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    27  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    28  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    29  levied in addition to any sentence, penalty or other surcharge  required
    30  or permitted by law, an additional surcharge of twenty-eight dollars.
    31    § 5. Subdivision 2 of section 87 of the public officers law is amended
    32  by adding a new paragraph (n) to read as follows:
    33    (n)  are  photographs,  microphotographs,  videotape or other recorded

    34  images prepared under the authority of section eleven  hundred  eighty-c
    35  of the vehicle and traffic law.
    36    §  6.  Subdivision  2  of section 371 of the general municipal law, as
    37  amended by section 21 of part G of chapter 58 of the laws  of  2012,  is
    38  amended to read as follows:
    39    2.  The Nassau county traffic and parking violations agency, as estab-
    40  lished, may be authorized to assist the Nassau county district court  in
    41  the disposition and administration of infractions of traffic and parking
    42  laws,  ordinances, rules and regulations and the liability of owners for
    43  violations of subdivision (d) of section eleven hundred  eleven  of  the
    44  vehicle  and  traffic  law  in  accordance  with  section eleven hundred
    45  eleven-b of such law[,] and the liability of owners  for  violations  of

    46  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    47  of the vehicle and traffic law in accordance with section eleven hundred
    48  eighty-c of such law, except that such agency shall not  have  jurisdic-
    49  tion  over  (a)  the traffic infraction defined under subdivision one of
    50  section eleven hundred ninety-two of the vehicle and  traffic  law;  (b)
    51  the  traffic infraction defined under subdivision five of section eleven
    52  hundred ninety-two of the vehicle and traffic  law;  (c)  the  violation
    53  defined under paragraph (b) of subdivision four of section fourteen-f of
    54  the  transportation  law  and  the violation defined under clause (b) of
    55  subparagraph (iii) of paragraph c of  subdivision  two  of  section  one
    56  hundred  forty  of  the  transportation  law; (d) the traffic infraction


        A. 9206                            16
 
     1  defined under section three hundred ninety-seven-a of  the  vehicle  and
     2  traffic  law and the traffic infraction defined under subdivision (g) of
     3  section eleven hundred eighty of the vehicle and traffic  law;  (e)  any
     4  misdemeanor or felony; or (f) any offense that is part of the same crim-
     5  inal  transaction, as that term is defined in subdivision two of section
     6  40.10 of the criminal procedure law, as a violation of  subdivision  one
     7  of  section  eleven hundred ninety-two of the vehicle and traffic law, a
     8  violation of subdivision five of section eleven  hundred  ninety-two  of
     9  the vehicle and traffic law, a violation of paragraph (b) of subdivision
    10  four  of  section  fourteen-f  of the transportation law, a violation of
    11  clause (b) of subparagraph (iii) of paragraph d of  subdivision  two  of

    12  section  one  hundred  forty  of  the transportation law, a violation of
    13  section three hundred ninety-seven-a of the vehicle and traffic  law,  a
    14  violation  of  subdivision  (g)  of section eleven hundred eighty of the
    15  vehicle and traffic law or any misdemeanor or felony.
    16    § 7. Subdivision 2 of section 371 of the  general  municipal  law,  as
    17  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
    18  follows:
    19    2. The Nassau county traffic and parking violations agency, as  estab-
    20  lished,  may  be  authorized to assist the Nassau county district court,
    21  and the Suffolk county traffic and parking violations agency, as  estab-
    22  lished,  may  be authorized to assist the Suffolk county district court,
    23  in the disposition and administration  of  infractions  of  traffic  and
    24  parking  laws,  ordinances,  rules  and regulations and the liability of

    25  owners for violations of subdivision (d) of section eleven hundred elev-
    26  en of the vehicle and traffic law  in  accordance  with  section  eleven
    27  hundred  eleven-b  of  such  law[,]  and  the  liability  of  owners for
    28  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
    29  hundred eighty of the vehicle and traffic law in accordance with section
    30  eleven hundred eighty-c of such law, except that such agencies shall not
    31  have jurisdiction over (a) the traffic infraction defined under subdivi-
    32  sion one of section eleven hundred ninety-two of the vehicle and traffic
    33  law;  (b)  the  traffic  infraction  defined  under  subdivision five of
    34  section eleven hundred ninety-two of the vehicle and  traffic  law;  (c)
    35  the violation defined under paragraph (b) of subdivision four of section

    36  fourteen-f  of  the  transportation  law and the violation defined under
    37  clause (b) of subparagraph (iii) of paragraph c of  subdivision  two  of
    38  section  one  hundred  forty  of the transportation law; (d) the traffic
    39  infraction defined under section three  hundred  ninety-seven-a  of  the
    40  vehicle  and traffic law and the traffic infraction defined under subdi-
    41  vision (g) of section eleven hundred eighty of the vehicle  and  traffic
    42  law;  (e)  any misdemeanor or felony; or (f) any offense that is part of
    43  the same criminal transaction, as that term is  defined  in  subdivision
    44  two  of  section  40.10 of the criminal procedure law, as a violation of
    45  subdivision one of section eleven hundred ninety-two of the vehicle  and
    46  traffic  law,  a violation of subdivision five of section eleven hundred
    47  ninety-two of the vehicle and traffic law, a violation of paragraph  (b)

    48  of  subdivision  four of section fourteen-f of the transportation law, a
    49  violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
    50  sion two of section one hundred  forty  of  the  transportation  law,  a
    51  violation  of  section  three  hundred ninety-seven-a of the vehicle and
    52  traffic law, a violation of subdivision (g) of  section  eleven  hundred
    53  eighty of the vehicle and traffic law or any misdemeanor or felony.
    54    §  8.  Subdivision  3  of section 371 of the general municipal law, as
    55  amended by chapter 496 of the laws  of  1990,  is  amended  to  read  as
    56  follows:

        A. 9206                            17
 
     1    3.  A  person charged with an infraction which shall be disposed of by
     2  either a traffic violations bureau or  the  Nassau  county  traffic  and
     3  parking  violations  agency, may be permitted to answer, within a speci-

     4  fied time, at the traffic violations bureau, and in Nassau county at the
     5  traffic  and  parking  violations agency, either in person or by written
     6  power of attorney in such form as may be prescribed in the ordinance  or
     7  local  law  creating  the  bureau or agency, by paying a prescribed fine
     8  and, in writing, waiving a hearing in  court,  pleading  guilty  to  the
     9  charge  or admitting liability as an owner for the violation of subdivi-
    10  sion (d) of section eleven hundred eleven of  the  vehicle  and  traffic
    11  law, or admitting liability as an owner for the violation of subdivision
    12  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of the vehi-
    13  cle and traffic law, as the case may be, and authorizing the  person  in
    14  charge  of  the  bureau  or agency to enter such a plea or admission and

    15  accept payment of said fine. Acceptance of the prescribed fine and power
    16  of attorney by the bureau or agency shall be deemed  complete  satisfac-
    17  tion  for  the  violation or of the liability, and the violator or owner
    18  liable for a violation of subdivision  (d)  of  section  eleven  hundred
    19  eleven of the vehicle and traffic law or owner liable for a violation of
    20  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    21  of the vehicle and traffic law shall be given a receipt which so states.
    22  If a person  charged  with  a  traffic  violation  does  not  answer  as
    23  hereinbefore  prescribed, within a designated time, the bureau or agency
    24  may cause a complaint to be entered against him forthwith and a  warrant
    25  to  be  issued  for  his  arrest  and  appearance before the court, such

    26  summons to be predicated upon the personal service of said summons  upon
    27  the  person charged with the infraction. Any person who shall have been,
    28  within the preceding twelve  months,  guilty  of  a  number  of  parking
    29  violations  in excess of such maximum number as may be designated by the
    30  court, or of three or more violations  other  than  parking  violations,
    31  shall not be permitted to appear and answer to a subsequent violation at
    32  the  traffic  violations bureau or agency, but must appear in court at a
    33  time specified by the bureau or agency. Such bureau or agency shall  not
    34  be  authorized to deprive a person of his right to counsel or to prevent
    35  him from exercising his right to appear in court to answer to,  explain,
    36  or  defend any charge of a violation of any traffic law, ordinance, rule
    37  or regulation.
    38    § 9. Subdivision 3 of section 371 of the  general  municipal  law,  as

    39  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
    40  follows:
    41    3. A person charged with an infraction which shall be disposed  of  by
    42  either  a traffic violations bureau, the Nassau county traffic and park-
    43  ing violations  agency,  or  the  Suffolk  county  traffic  and  parking
    44  violations  agency  may be permitted to answer, within a specified time,
    45  at the traffic violations bureau, in Nassau county at  the  traffic  and
    46  parking violations agency and in Suffolk county at the traffic and park-
    47  ing  violations agency, either in person or by written power of attorney
    48  in such form as may be prescribed in the ordinance or local law creating
    49  the bureau or agency, by paying a prescribed fine and, in writing, waiv-
    50  ing a hearing in court, pleading  guilty  to  the  charge  or  admitting
    51  liability  as  an  owner for the violation of subdivision (d) of section

    52  eleven hundred eleven of the  vehicle  and  traffic  law,  or  admitting
    53  liability  as  an  owner for the violation of subdivision (b), (c), (d),
    54  (f) or (g) of section eleven hundred eighty of the vehicle  and  traffic
    55  law,  as  the  case  may be, and authorizing the person in charge of the
    56  bureau or agency to enter such a plea or admission and accept payment of

        A. 9206                            18
 
     1  said fine. Acceptance of the prescribed fine and power  of  attorney  by
     2  the  bureau  or  agency  shall  be  deemed complete satisfaction for the
     3  violation or of the liability, and the violator or owner  liable  for  a
     4  violation  of  subdivision  (d)  of section eleven hundred eleven of the
     5  vehicle and traffic law or owner liable for a violation  of  subdivision

     6  (b),  (c), (d), (f) or (g) of section eleven hundred eighty of the vehi-
     7  cle and traffic law shall be given a  receipt  which  so  states.  If  a
     8  person  charged with a traffic violation does not answer as hereinbefore
     9  prescribed, within a designated time, the bureau or agency may  cause  a
    10  complaint to be entered against him forthwith and a warrant to be issued
    11  for his arrest and appearance before the court, such summons to be pred-
    12  icated upon the personal service of said summons upon the person charged
    13  with  the infraction. Any person who shall have been, within the preced-
    14  ing twelve months, guilty of a number of parking violations in excess of
    15  such maximum number as may be designated by the court, or  of  three  or
    16  more violations other than parking violations, shall not be permitted to
    17  appear  and  answer  to a subsequent violation at the traffic violations

    18  bureau or agency, but must appear in court at a time  specified  by  the
    19  bureau  or  agency.  Such  bureau  or  agency shall not be authorized to
    20  deprive a person of his right to counsel or to prevent him from exercis-
    21  ing his right to appear in court to answer to, explain,  or  defend  any
    22  charge of a violation of any traffic law, ordinance, rule or regulation.
    23    §  10.  The purchase or lease of equipment for a demonstration program
    24  pursuant to section 1180-c of the  vehicle  and  traffic  law  shall  be
    25  subject to the provisions of section 103 of the general municipal law.
    26    §  11. Paragraph 1 of subdivision (a) of section 1180-b of the vehicle
    27  and traffic law, as added by chapter 189 of the laws of 2013, is amended
    28  to read as follows:
    29    1. Notwithstanding any other provision of law, the city of New York is

    30  hereby authorized to establish a demonstration program imposing monetary
    31  liability on the owner of a vehicle for failure of an  operator  thereof
    32  to comply with posted maximum speed limits in a school speed zone within
    33  the city (i) when a school speed limit is in effect as provided in para-
    34  graphs  one  and two of subdivision (c) of section eleven hundred eighty
    35  of this article or (ii)  when  other  speed  limits  are  in  effect  as
    36  provided  in  subdivision (b), (d), (f) or (g) of section eleven hundred
    37  eighty of this article during the following times: (A)  on  school  days
    38  during  school  hours  and one hour before and one hour after the school
    39  day, and (B) a period during student activities at the school and up  to
    40  thirty  minutes  immediately before and up to thirty minutes immediately
    41  after such student activities. Such demonstration program shall  empower

    42  the  city  to install photo speed violation monitoring systems within no
    43  more than [twenty] one hundred forty school speed zones within the  city
    44  at any one time and to operate such systems within such zones (iii) when
    45  a  school speed limit is in effect as provided in paragraphs one and two
    46  of subdivision (c) of section eleven hundred eighty of this  article  or
    47  (iv)  when  other  speed limits are in effect as provided in subdivision
    48  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    49  during  the  following times: (A) on school days during school hours and
    50  one hour before and one hour after the school  day,  and  (B)  a  period
    51  during  student  activities at the school and up to thirty minutes imme-
    52  diately before and up to thirty minutes immediately after  such  student
    53  activities.  In  selecting  a  school speed zone in which to install and

    54  operate a photo  speed  violation  monitoring  system,  the  city  shall
    55  consider  criteria  including,  but not limited to the speed data, crash
    56  history, and the roadway geometry applicable to such school speed zone.

        A. 9206                            19
 
     1    § 12. This act shall take effect on the thirtieth day after  it  shall
     2  have  become  a  law  and shall expire 4 years after such effective date
     3  when upon such date the provisions of this act shall be deemed repealed;
     4  and provided further that any rules necessary for the implementation  of
     5  this  act  on  its effective date shall be promulgated on or before such
     6  effective date, provided that:
     7    (a) the amendments to subparagraph (i) of paragraph a  of  subdivision
     8  5-a of section 401 of the vehicle and traffic law made by section one of

     9  this  act shall not affect the expiration of such paragraph and shall be
    10  deemed to expire therewith,  when  upon  such  date  the  provisions  of
    11  section one-a of this act shall take effect;
    12    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
    13  the  vehicle and traffic law made by section one-a of this act shall not
    14  affect the expiration of such paragraph and shall be  deemed  to  expire
    15  therewith,  when  upon such date the provisions of section one-b of this
    16  act shall take effect;
    17    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
    18  the vehicle and traffic law made by section one-b of this act shall  not
    19  affect  the  expiration  of such paragraph and shall be deemed to expire
    20  therewith, when upon such date the provisions of section one-c  of  this
    21  act shall take effect;

    22    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
    23  the  vehicle and traffic law made by section one-c of this act shall not
    24  affect the expiration of such paragraph and shall be  deemed  to  expire
    25  therewith,  when  upon such date the provisions of section one-d of this
    26  act shall take effect;
    27    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    28  traffic law made by section three of this act shall not affect the expi-
    29  ration of such subdivision and shall be deemed to expire therewith, when
    30  upon such date the provisions of section three-a of this act shall  take
    31  effect;
    32    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    33  traffic  law  made  by  section three-a of this act shall not affect the
    34  expiration of such subdivision and shall be deemed to expire  therewith,

    35  when  upon such date the provisions of section three-b of this act shall
    36  take effect;
    37    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    38  traffic law made by section three-b of this act  shall  not  affect  the
    39  expiration  of such subdivision and shall be deemed to expire therewith,
    40  when upon such date the provisions of section three-c of this act  shall
    41  take effect;
    42    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    43  traffic  law  made  by  section three-c of this act shall not affect the
    44  expiration of such subdivision and shall be deemed to expire  therewith,
    45  when  upon such date the provisions of section three-d of this act shall
    46  take effect;
    47    (i) the amendments to paragraph a of subdivision 1 of  section  1809-e
    48  of  the  vehicle  and traffic law made by section four of this act shall

    49  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    50  expire  therewith,  when upon such date the provisions of section four-a
    51  of this act shall take effect;
    52    (j) the amendments to paragraph a of subdivision 1 of  section  1809-e
    53  of  the vehicle and traffic law made by section four-a of this act shall
    54  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    55  expire  therewith,  when upon such date the provisions of section four-b
    56  of this act shall take effect;

        A. 9206                            20
 
     1    (k) the amendments to paragraph a of subdivision 1 of  section  1809-e
     2  of  the vehicle and traffic law made by section four-b of this act shall
     3  not affect the expiration of such  paragraph  and  shall  be  deemed  to
     4  expire  therewith,  when upon such date the provisions of section four-c

     5  of this act shall take effect;
     6    (l)  the  amendments  to  subdivision  2 of section 371 of the general
     7  municipal law made by section seven of this act shall take  effect  only
     8  in  the  event that the county of Suffolk shall have by local law estab-
     9  lished a traffic and parking violations agency;
    10    (m) the amendments to subdivision 3 of  section  371  of  the  general
    11  municipal law made by section nine of this act shall take effect only in
    12  the event that the county of Suffolk shall have by local law established
    13  a traffic and parking violations agency;
    14    (n) the amendments to section 371 of the general municipal law made by
    15  sections  six,  seven,  eight  and nine of this act shall not affect the
    16  expiration of such section and shall be deemed to expire therewith; and
    17    (o) the amendments to subdivision (a) of section 1180-b of the vehicle

    18  and traffic law made by section eleven of this act shall not affect  the
    19  repeal of such section and shall be deemed repealed therewith.
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