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:

BILL NUMBER:A9206

TITLE OF BILL:  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

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
maximum 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
importance. 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         9206

                                 I N  A S S E M B L Y

                                    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    S  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    S  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    S  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    S  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    S  2.  The  vehicle and traffic law is amended by adding a new section
   21  1180-c to read as follows:
   22    S 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    S 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    S  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    S  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    S  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    S 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    S 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    S  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    S  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    S 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    S 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    S  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    S 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    S  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    S 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    S  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    S  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    S 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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