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S05300 Text:

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

                                         5300

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                     May 13, 2015
                                      ___________

       Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation

       AN ACT to amend the vehicle and traffic law and  the  general  municipal
         law,  in relation to owner liability for failure of operator to comply
         with traffic-control indications; 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.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1111-e to read as follows:
    3    S 1111-E. OWNER LIABILITY FOR  FAILURE  OF  OPERATOR  TO  COMPLY  WITH
    4  TRAFFIC-CONTROL  INDICATIONS. (A) 1. NOTWITHSTANDING ANY OTHER PROVISION
    5  OF LAW, THE TOWN OF WALLKILL, IN THE COUNTY OF ORANGE IS HEREBY  AUTHOR-
    6  IZED  AND  EMPOWERED  TO ADOPT AND AMEND A LOCAL LAW OR ORDINANCE ESTAB-
    7  LISHING A DEMONSTRATION PROGRAM IMPOSING MONETARY LIABILITY ON THE OWNER
    8  OF A VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH  TRAFFIC-
    9  CONTROL  INDICATIONS  IN  SUCH TOWN IN ACCORDANCE WITH THE PROVISIONS OF
   10  THIS SECTION. SUCH DEMONSTRATION PROGRAM  SHALL  EMPOWER  SUCH  CITY  TO
   11  INSTALL  AND  OPERATE  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
   12  DEVICES AT NO MORE THAN FOUR INTERSECTIONS WITHIN SUCH TOWN AT  ANY  ONE
   13  TIME.
   14    2.  SUCH DEMONSTRATION PROGRAM SHALL UTILIZE NECESSARY TECHNOLOGIES TO
   15  ENSURE, TO THE EXTENT PRACTICABLE, THAT  PHOTOGRAPHS  PRODUCED  BY  SUCH
   16  TRAFFIC-CONTROL  SIGNAL  PHOTO  VIOLATION-MONITORING  SYSTEMS  SHALL NOT
   17  INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
   18  OF THE VEHICLE. PROVIDED, HOWEVER, THAT NO NOTICE  OF  LIABILITY  ISSUED
   19  PURSUANT  TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
   20  OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
   21  CLE, PROVIDED THAT SUCH TOWN HAS MADE A REASONABLE EFFORT TO COMPLY WITH
   22  THE PROVISIONS OF THIS PARAGRAPH.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10903-01-5
       S. 5300                             2

    1    (B) IN ANY SUCH TOWN WHICH HAS ADOPTED A LOCAL LAW OR ORDINANCE PURSU-
    2  ANT  TO SUBDIVISION (A) OF THIS SECTION, THE OWNER OF A VEHICLE SHALL BE
    3  LIABLE FOR A PENALTY IMPOSED PURSUANT TO THIS SECTION  OF  SUCH  VEHICLE
    4  WAS  USED  OR  OPERATED  WITH  THE  PERMISSION  OF THE OWNER, EXPRESS OR
    5  IMPLIED, IN VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEV-
    6  EN  OF  THIS  ARTICLE,  AND  SUCH  VIOLATION IS EVIDENCED BY INFORMATION
    7  OBTAINED  FROM  A  TRAFFIC-CONTROL  SIGNAL  PHOTO   VIOLATION-MONITORING
    8  SYSTEM;  PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR
    9  A PENALTY IMPOSED PURSUANT TO THIS SECTION WHERE THE  OPERATOR  OF  SUCH
   10  VEHICLE  HAS  BEEN  CONVICTED OF THE UNDERLYING VIOLATION OF SUBDIVISION
   11  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   12    (C) FOR PURPOSES OF THIS  SECTION,  "OWNER"  SHALL  HAVE  THE  MEANING
   13  PROVIDED IN ARTICLE TWO-B OF THIS CHAPTER. FOR PURPOSES OF THIS SECTION,
   14  "TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM" SHALL MEAN A
   15  VEHICLE SENSOR INSTALLED TO WORK IN CONJUNCTION WITH  A  TRAFFIC-CONTROL
   16  SIGNAL WHICH AUTOMATICALLY PRODUCES TWO OR MORE PHOTOGRAPHS, TWO OR MORE
   17  MICROPHOTOGRAPHS,  A  VIDEOTAPE OR OTHER RECORDED IMAGES OF EACH VEHICLE
   18  AT THE TIME IT IS USED OR OPERATED IN VIOLATION OF  SUBDIVISION  (D)  OF
   19  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   20    (D)  A  CERTIFICATE,  SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY
   21  THE TOWN OF WALLKILL IN WHICH  THE  CHARGED  VIOLATION  OCCURRED,  OR  A
   22  FACSIMILE  THEREOF,  BASED  UPON  INSPECTION OF PHOTOGRAPHS, MICROPHOTO-
   23  GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES PRODUCED  BY  TRAFFIC-CONTROL
   24  SIGNAL  PHOTO VIOLATION-MONITORING SYSTEM, SHALL BE PRIMA FACIE EVIDENCE
   25  OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDE-
   26  OTAPE OR OTHER RECORDED IMAGES EVIDENCING  SUCH  A  VIOLATION  SHALL  BE
   27  AVAILABLE  FOR  INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
   28  FOR SUCH VIOLATION PURSUANT TO A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT
   29  TO THIS SECTION.
   30    (E) AN OWNER LIABLE FOR A VIOLATION  OF  SUBDIVISION  (D)  OF  SECTION
   31  ELEVEN  HUNDRED  ELEVEN OF THIS ARTICLE PURSUANT TO A LOCAL LAW OR ORDI-
   32  NANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  BE  LIABLE  FOR  MONETARY
   33  PENALTIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES TO BE SET
   34  FORTH  IN SUCH LOCAL LAW OR ORDINANCE, EXCEPT THAT IF SUCH TOWN BY LOCAL
   35  LAW HAS AUTHORIZED THE ADJUDICATION OF SUCH OWNER LIABILITY BY A PARKING
   36  VIOLATIONS BUREAU, SUCH SCHEDULE SHALL BE PROMULGATED  BY  SUCH  BUREAU.
   37  THE  LIABILITY  OF  THE  OWNER PURSUANT TO THIS SECTION SHALL NOT EXCEED
   38  FIFTY DOLLARS FOR EACH VIOLATION; PROVIDED, HOWEVER, THAT SUCH LOCAL LAW
   39  OR ORDINANCE MAY PROVIDE FOR AN ADDITIONAL  PENALTY  NOT  IN  EXCESS  OF
   40  TWENTY-FIVE  DOLLARS  FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A
   41  NOTICE OF LIABILITY WITHIN THE PRESCRIBED TIME PERIOD.
   42    (F) AN IMPOSITION OF LIABILITY UNDER A LOCAL LAW OR ORDINANCE  ADOPTED
   43  PURSUANT TO THIS SECTION SHALL NOT BE DEEMED A CONVICTION AS AN OPERATOR
   44  AND  SHALL  NOT  BE MADE PART OF THE OPERATING RECORD OF THE PERSON UPON
   45  WHOM SUCH LIABILITY IS IMPOSED  NOR  SHALL  IT  BE  USED  FOR  INSURANCE
   46  PURPOSES IN THE PROVISION OF MOTOR VEHICLE INSURANCE COVERAGE.
   47    (G) 1. A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO EACH
   48  PERSON  ALLEGED  TO BE LIABLE AS AN OWNER FOR A VIOLATION OF SUBDIVISION
   49  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
   50  SECTION.  PERSONAL DELIVERY ON THE OWNER SHALL NOT BE REQUIRED. A MANUAL
   51  OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF  BUSI-
   52  NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
   53    2.  A  NOTICE  OF  LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
   54  PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION  OF  SUBDIVISION
   55  (D)  OF  SECTION  ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS
   56  SECTION, THE  REGISTRATION  NUMBER  OF  THE  VEHICLE  INVOLVED  IN  SUCH
       S. 5300                             3

    1  VIOLATION,  THE  LOCATION  WHERE SUCH VIOLATION TOOK PLACE, THE DATE AND
    2  TIME OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE CAMERA WHICH
    3  RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
    4    3.  THE  NOTICE  OF  LIABILITY  SHALL CONTAIN INFORMATION ADVISING THE
    5  PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
    6  THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL ALSO
    7  CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO  CONTEST
    8  IN  THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF LIABIL-
    9  ITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
   10    4. THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE TOWN OF
   11  WALLKILL, OR BY ANY OTHER ENTITY AUTHORIZED BY SUCH TOWN TO PREPARE  AND
   12  MAIL SUCH NOTIFICATION OF VIOLATION.
   13    (H)  ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
   14  SHALL BE BY A TRAFFIC VIOLATIONS BUREAU ESTABLISHED PURSUANT TO  SECTION
   15  THREE HUNDRED SEVENTY OF THE GENERAL MUNICIPAL LAW OR, IF THERE BE NONE,
   16  BY THE COURT HAVING JURISDICTION OVER TRAFFIC INFRACTIONS.
   17    (I)  IF  AN  OWNER  RECEIVES  A  NOTICE  OF LIABILITY PURSUANT TO THIS
   18  SECTION FOR ANY TIME PERIOD DURING WHICH THE VEHICLE WAS REPORTED TO THE
   19  POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A VALID DEFENSE  TO
   20  AN ALLEGATION OF LIABILITY FOR A VIOLATION OF SUBDIVISION (D) OF SECTION
   21  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO THIS SECTION THAT THE
   22  VEHICLE HAD BEEN REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME  THE
   23  VIOLATION OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES
   24  OF ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
   25  CIENT  THAT  A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
   26  BE SENT BY FIRST CLASS MAIL TO  THE  TRAFFIC  VIOLATIONS  BUREAU,  COURT
   27  HAVING JURISDICTION OR PARKING VIOLATIONS BUREAU.
   28    (J)  1.  IN SUCH TOWN WHERE THE ADJUDICATION OF LIABILITY IMPOSED UPON
   29  OWNERS PURSUANT TO THIS SECTION IS BY A TRAFFIC VIOLATIONS BUREAU  OR  A
   30  COURT  HAVING  JURISDICTION,  AN  OWNER  WHO IS A LESSOR OF A VEHICLE TO
   31  WHICH A NOTICE OF LIABILITY WAS ISSUED PURSUANT TO  SUBDIVISION  (G)  OF
   32  THIS SECTION SHALL NOT BE LIABLE FOR THE VIOLATION OF SUBDIVISION (D) OF
   33  SECTION  ELEVEN  HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT HE OR SHE
   34  SENDS TO THE TRAFFIC VIOLATIONS BUREAU OR COURT  HAVING  JURISDICTION  A
   35  COPY  OF THE RENTAL, LEASE OR OTHER SUCH CONTRACT DOCUMENT COVERING SUCH
   36  VEHICLE ON THE DATE OF THE VIOLATION, WITH THE NAME AND ADDRESS  OF  THE
   37  LESSEE  CLEARLY LEGIBLE, WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE
   38  FROM THE BUREAU OR COURT OF THE DATE AND TIME OF SUCH VIOLATION, TOGETH-
   39  ER WITH THE OTHER  INFORMATION  CONTAINED  IN  THE  ORIGINAL  NOTICE  OF
   40  LIABILITY. FAILURE TO SEND SUCH INFORMATION WITHIN SUCH THIRTY-SEVEN DAY
   41  TIME  PERIOD SHALL RENDER THE OWNER LIABLE FOR THE PENALTY PRESCRIBED BY
   42  THIS SECTION. WHERE THE LESSOR COMPLIES  WITH  THE  PROVISIONS  OF  THIS
   43  PARAGRAPH,  THE  LESSEE  OF  SUCH  VEHICLE ON THE DATE OF SUCH VIOLATION
   44  SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE  FOR  PURPOSES  OF  THIS
   45  SECTION,  SHALL BE SUBJECT TO LIABILITY FOR THE VIOLATION OF SUBDIVISION
   46  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE  PURSUANT  TO  THIS
   47  SECTION  AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION
   48  (G) OF THIS SECTION.
   49    2. (I) IN SUCH TOWN WHICH, BY LOCAL LAW, HAS  AUTHORIZED  THE  ADJUDI-
   50  CATION  OF  LIABILITY  IMPOSED  UPON OWNERS BY THIS SECTION BY A PARKING
   51  VIOLATIONS BUREAU, AN OWNER WHO IS A LESSOR OF  A  VEHICLE  TO  WHICH  A
   52  NOTICE  OF  LIABILITY  WAS  ISSUED  PURSUANT  TO SUBDIVISION (G) OF THIS
   53  SECTION SHALL NOT BE LIABLE FOR THE  VIOLATION  OF  SUBDIVISION  (D)  OF
   54  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE, PROVIDED THAT:
       S. 5300                             4

    1    (A)  PRIOR  TO  THE VIOLATION, THE LESSOR HAS FILED WITH THE BUREAU IN
    2  ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  HUNDRED  THIRTY-NINE  OF
    3  THIS CHAPTER; AND
    4    (B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM THE BUREAU OF
    5  THE  DATE  AND  TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
    6  CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO THE
    7  BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE IDENTI-
    8  FIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,  TOGETHER
    9  WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL, LEASE OR
   10  OTHER  CONTRACT  DOCUMENT,  AS  MAY BE REASONABLY REQUIRED BY THE BUREAU
   11  PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
   12    (II) FAILURE TO COMPLY WITH CLAUSE (B) OF  SUBPARAGRAPH  (I)  OF  THIS
   13  PARAGRAPH  SHALL  RENDER  THE  OWNER LIABLE FOR THE PENALTY DESCRIBED IN
   14  THIS SECTION.
   15    (III) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF THIS PARAGRAPH,
   16  THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION SHALL BE DEEMED
   17  TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS SECTION,  SHALL  BE
   18  SUBJECT  TO  LIABILITY  FOR  SUCH VIOLATION PURSUANT TO THIS SECTION AND
   19  SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO SUBDIVISION (G) OF  THIS
   20  SECTION.
   21    (K)  1.  IF  THE  OWNER  LIABLE  FOR A VIOLATION OF SUBDIVISION (D) OF
   22  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO  THIS  SECTION
   23  WAS  NOT  THE  OPERATOR OF THE VEHICLE AT THE TIME OF THE VIOLATION, THE
   24  OWNER MAY MAINTAIN AN ACTION FOR INDEMNIFICATION AGAINST THE OPERATOR.
   25    2. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, NO OWNER OF A
   26  VEHICLE SHALL BE SUBJECT TO A MONETARY FINE  IMPOSED  PURSUANT  TO  THIS
   27  SECTION IF THE OPERATOR OF SUCH VEHICLE WAS OPERATING SUCH VEHICLE WITH-
   28  OUT  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED TO OBEY A
   29  TRAFFIC-CONTROL INDICATION. FOR PURPOSES OF THIS SUBDIVISION THERE SHALL
   30  BE A PRESUMPTION THAT THE OPERATOR OF SUCH VEHICLE  WAS  OPERATING  SUCH
   31  VEHICLE  WITH  THE CONSENT OF THE OWNER AT THE TIME SUCH OPERATOR FAILED
   32  TO OBEY A TRAFFIC-CONTROL INDICATION.
   33    (1) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  LIABILITY
   34  OF  AN  OPERATOR  OF  A  VEHICLE FOR ANY VIOLATION OF SUBDIVISION (D) OF
   35  SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE.
   36    (M) IN ANY SUCH TOWN WHICH ADOPTS A DEMONSTRATION PROGRAM PURSUANT  TO
   37  SUBDIVISION (A) OF THIS SECTION, SUCH TOWN SHALL SUBMIT AN ANNUAL REPORT
   38  ON  THE  RESULTS  OF THE USE OF A TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION
   39  MONITORING SYSTEM TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE
   40  AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JUNE  FIRST,  TWO  THOUSAND
   41  SIXTEEN AND ON THE SAME DATE IN EACH SUCCEEDING YEAR IN WHICH THE DEMON-
   42  STRATION  PROGRAM  IS  OPERABLE.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE
   43  LIMITED TO:
   44    1. A DESCRIPTION OF THE LOCATIONS WHERE TRAFFIC-CONTROL  SIGNAL  PHOTO
   45  VIOLATION-MONITORING SYSTEMS WERE USED;
   46    2.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
   47  INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
   48  SYSTEM  IS  USED FOR THE YEAR PRECEDING THE INSTALLATION OF SUCH SYSTEM,
   49  TO THE EXTENT THE INFORMATION IS MAINTAINED BY THE DEPARTMENT  OF  MOTOR
   50  VEHICLES OF THIS STATE;
   51    3.  THE  AGGREGATE  NUMBER, TYPE AND SEVERITY OF ACCIDENTS REPORTED AT
   52  INTERSECTIONS WHERE A TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING
   53  SYSTEM  IS  USED,  TO  THE  EXTENT  THE INFORMATION IS MAINTAINED BY THE
   54  DEPARTMENT OF MOTOR VEHICLES OF THIS STATE;
       S. 5300                             5

    1    4. THE NUMBER OF VIOLATIONS RECORDED  AT  EACH  INTERSECTION  WHERE  A
    2  TRAFFIC-CONTROL  SIGNAL PHOTO VIOLATION-MONITORING SYSTEM IS USED AND IN
    3  THE AGGREGATE ON A DAILY, WEEKLY AND MONTHLY BASIS;
    4    5.  THE  TOTAL  NUMBER  OF  NOTICES OF LIABILITY ISSUED FOR VIOLATIONS
    5  RECORDED BY SUCH SYSTEMS;
    6    6. THE NUMBER OF FINES AND TOTAL AMOUNT  OF  FINES  PAID  AFTER  FIRST
    7  NOTICE OF LIABILITY ISSUED FOR VIOLATIONS RECORDED BY SUCH SYSTEMS;
    8    7.  THE  NUMBER  OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
    9  CATIONS  INCLUDING  BREAKDOWNS  OF  DISPOSITIONS  MADE  FOR   VIOLATIONS
   10  RECORDED BY SUCH SYSTEMS;
   11    8. THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH TOWN FROM SUCH ADJUDI-
   12  CATIONS;
   13    9. EXPENSES INCURRED BY SUCH TOWN IN CONNECTION WITH THE PROGRAM; AND
   14    10. QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS.
   15    (N) IT SHALL BE A DEFENSE TO ANY PROSECUTION FOR A VIOLATION OF SUBDI-
   16  VISION  (D) OF SECTION ELEVEN HUNDRED ELEVEN OF THIS ARTICLE PURSUANT TO
   17  A LOCAL LAW OR ORDINANCE ADOPTED PURSUANT  TO  THIS  SECTION  THAT  SUCH
   18  TRAFFIC-CONTROL  INDICATIONS  WERE  MALFUNCTIONING  AT  THE  TIME OF THE
   19  ALLEGED VIOLATION.
   20    S 2. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
   21  traffic law, as separately amended by chapter 19, 20, 21, 22, 23 and 383
   22  of the laws of 2009; subparagraph (i) as separately amended by section 1
   23  of  chapter  43 and section 8 of chapters 99, 101 and 123 of the laws of
   24  2014, is amended to read as follows:
   25    a. (i) If at the time of application for  a  registration  or  renewal
   26  thereof  there  is  a  certification  from  a  court, parking violations
   27  bureau, traffic and parking violations agency or administrative tribunal
   28  of appropriate jurisdiction that the registrant or his or her  represen-
   29  tative  failed  to appear on the return date or any subsequent adjourned
   30  date or failed to comply with the rules and regulations of  an  adminis-
   31  trative  tribunal  following  entry of a final decision in response to a
   32  total of three or more summonses or  other  process  in  the  aggregate,
   33  issued  within  an eighteen month period, charging either that: (i) such
   34  motor vehicle was parked, stopped or standing, or that such motor  vehi-
   35  cle  was operated for hire by the registrant or his or her agent without
   36  being licensed as a motor vehicle for  hire  by  the  appropriate  local
   37  authority,  in  violation of any of the provisions of this chapter or of
   38  any law, ordinance, rule or regulation made by  a  local  authority;  or
   39  (ii) the registrant was liable in accordance with section eleven hundred
   40  eleven-a,  section  eleven hundred eleven-b [or], section eleven hundred
   41  eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of  this  chapter  for  a
   42  violation  of  subdivision  (d) of section eleven hundred eleven of this
   43  chapter; or (iii) the registrant was liable in accordance  with  section
   44  eleven  hundred  eleven-c  of this chapter for a violation of a bus lane
   45  restriction as defined in such  section,  or  (iv)  the  registrant  was
   46  liable  in accordance with section eleven hundred eighty-b of this chap-
   47  ter for a violation of subdivision (c) or (d) of section eleven  hundred
   48  eighty  of  this chapter, or (v) the registrant was liable in accordance
   49  with section eleven hundred eighty-c of this chapter for a violation  of
   50  subdivision (c) or (d) of section eleven hundred eighty of this chapter,
   51  the  commissioner  or  his  or  her agent shall deny the registration or
   52  renewal application until the applicant provides proof from  the  court,
   53  traffic and parking violations agency or administrative tribunal wherein
   54  the charges are pending that an appearance or answer has been made or in
   55  the  case of an administrative tribunal that he or she has complied with
   56  the rules and regulations of said tribunal following entry  of  a  final
       S. 5300                             6

    1  decision.  Where  an application is denied pursuant to this section, the
    2  commissioner may, in his or  her  discretion,  deny  a  registration  or
    3  renewal  application  to  any  other person for the same vehicle and may
    4  deny  a  registration or renewal application for any other motor vehicle
    5  registered in the name of  the  applicant  where  the  commissioner  has
    6  determined  that such registrant's intent has been to evade the purposes
    7  of this subdivision and where the commissioner has reasonable grounds to
    8  believe that such registration  or  renewal  will  have  the  effect  of
    9  defeating  the  purposes  of  this  subdivision.  Such denial shall only
   10  remain in effect as long as the summonses remain unanswered, or  in  the
   11  case  of an administrative tribunal, the registrant fails to comply with
   12  the rules and regulations following entry of a final decision.
   13    (ii) For purposes of this paragraph, the term "motor vehicle  operated
   14  for  hire" shall mean and include a taxicab, livery, coach, limousine or
   15  tow truck.
   16    S 2-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
   17  and  traffic law, as separately amended by section 1-a of chapter 43 and
   18  sections 8-a of chapters 99, 101 and 123 of the laws of 2014, is amended
   19  to read as follows:
   20    a. If at the time of application for a registration or renewal thereof
   21  there is a certification from a  court  or  administrative  tribunal  of
   22  appropriate  jurisdiction  that  the  registrant or his or her represen-
   23  tative failed to appear on the return date or any  subsequent  adjourned
   24  date  or  failed to comply with the rules and regulations of an adminis-
   25  trative tribunal following entry of a final decision in  response  to  a
   26  total  of  three  or  more  summonses or other process in the aggregate,
   27  issued within an eighteen month period, charging either that:  (i)  such
   28  motor  vehicle was parked, stopped or standing, or that such motor vehi-
   29  cle was operated for hire by the registrant or his or her agent  without
   30  being  licensed  as  a  motor  vehicle for hire by the appropriate local
   31  authority, in violation of any of the provisions of this chapter  or  of
   32  any  law,  ordinance,  rule  or regulation made by a local authority; or
   33  (ii) the registrant was liable in accordance with section eleven hundred
   34  eleven-b OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of  this  chapter  for  a
   35  violation  of  subdivision  (d) of section eleven hundred eleven of this
   36  chapter; or (iii) the registrant was liable in accordance  with  section
   37  eleven  hundred  eleven-c  of this chapter for a violation of a bus lane
   38  restriction as defined in such  section;  or  (iv)  the  registrant  was
   39  liable  in accordance with section eleven hundred eleven-d of this chap-
   40  ter for a violation of subdivision (d) of section eleven hundred  eleven
   41  of  this  chapter  or  (v)  the registrant was liable in accordance with
   42  section eleven hundred eighty-b of  this  chapter  for  a  violation  of
   43  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
   44  of this chapter; or [(v)] (VI) the registrant was liable  in  accordance
   45  with  section eleven hundred eighty-c of this chapter for a violation of
   46  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
   47  of  this  chapter,  the  commissioner or his or her agent shall deny the
   48  registration or renewal application until the applicant  provides  proof
   49  from  the court or administrative tribunal wherein the charges are pend-
   50  ing that an appearance or answer has been made or  in  the  case  of  an
   51  administrative  tribunal  that he or she has complied with the rules and
   52  regulations of said tribunal following entry of a final decision.  Where
   53  an application is denied pursuant to this section, the commissioner may,
   54  in  his or her discretion, deny a registration or renewal application to
   55  any other person for the same vehicle and may  deny  a  registration  or
   56  renewal  application  for any other motor vehicle registered in the name
       S. 5300                             7

    1  of the applicant where the commissioner has determined that such  regis-
    2  trant's  intent  has  been to evade the purposes of this subdivision and
    3  where the commissioner has  reasonable  grounds  to  believe  that  such
    4  registration  or  renewal will have the effect of defeating the purposes
    5  of this subdivision. Such denial shall only remain in effect as long  as
    6  the  summonses  remain  unanswered,  or in the case of an administrative
    7  tribunal, the registrant fails to comply with the rules and  regulations
    8  following entry of a final decision.
    9    S  2-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
   10  and traffic law, as separately amended by section 1-b of chapter 43  and
   11  sections 8-b of chapters 99, 101 and 123 of the laws of 2014, is amended
   12  to read as follows:
   13    a. If at the time of application for a registration or renewal thereof
   14  there  is  a  certification  from  a court or administrative tribunal of
   15  appropriate jurisdiction that the registrant or  his  or  her  represen-
   16  tative  failed  to appear on the return date or any subsequent adjourned
   17  date or failed to comply with the rules and regulations of  an  adminis-
   18  trative  tribunal  following  entry  of  a final decision in response to
   19  three or more summonses or other  process,  issued  within  an  eighteen
   20  month  period, charging that: (i) such motor vehicle was parked, stopped
   21  or standing, or that such motor vehicle was operated  for  hire  by  the
   22  registrant or his or her agent without being licensed as a motor vehicle
   23  for  hire by the appropriate local authority, in violation of any of the
   24  provisions of this chapter or of any law, ordinance, rule or  regulation
   25  made  by a local authority; or (ii) the registrant was liable in accord-
   26  ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
   27  violation of a bus lane restriction as defined in such section; or (iii)
   28  the  registrant  was  liable  in  accordance with section eleven hundred
   29  eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of  this  chapter  for  a
   30  violation  of  subdivision  (d) of section eleven hundred eleven of this
   31  chapter; or (iv) the registrant was liable in  accordance  with  section
   32  eleven  hundred  eighty-b of this chapter for a violation of subdivision
   33  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   34  ter, or (V) the registrant was liable in accordance with section  eleven
   35  hundred  eighty-c  of  this  chapter for a violation of subdivision (b),
   36  (c), (d), (f) or (g) of section eleven hundred eighty of  this  chapter,
   37  the  commissioner  or  his  or  her agent shall deny the registration or
   38  renewal application until the applicant provides proof from the court or
   39  administrative tribunal wherein the charges are pending that an  appear-
   40  ance  or answer has been made or in the case of an administrative tribu-
   41  nal that he or she has complied with the rules and regulations  of  said
   42  tribunal  following  entry  of a final decision. Where an application is
   43  denied pursuant to this section, the commissioner may,  in  his  or  her
   44  discretion,  deny  a  registration  or  renewal application to any other
   45  person for the same vehicle and  may  deny  a  registration  or  renewal
   46  application  for  any  other motor vehicle registered in the name of the
   47  applicant where the commissioner has determined that  such  registrant's
   48  intent  has been to evade the purposes of this subdivision and where the
   49  commissioner has reasonable grounds to believe that such registration or
   50  renewal will have the effect of defeating the purposes of this  subdivi-
   51  sion.  Such  denial shall only remain in effect as long as the summonses
   52  remain unanswered, or in the case of  an  administrative  tribunal,  the
   53  registrant  fails  to  comply  with  the rules and regulations following
   54  entry of a final decision.
   55    S 2-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
   56  and  traffic law, as separately amended by section 1-c of chapter 43 and
       S. 5300                             8

    1  sections 8-c of chapters 99, 101 and 123 of the laws of 2014, is amended
    2  to read as follows:
    3    a. If at the time of application for a registration or renewal thereof
    4  there  is  a  certification  from  a court or administrative tribunal of
    5  appropriate jurisdiction  that  the  registrant  or  his  representative
    6  failed  to appear on the return date or any subsequent adjourned date or
    7  failed to comply with the rules and  regulations  of  an  administrative
    8  tribunal  following  entry  of  a final decision in response to three or
    9  more summonses or other process, issued within an eighteen month period,
   10  charging that: (i) such motor vehicle was parked, stopped  or  standing,
   11  or  that  such  motor vehicle was operated for hire by the registrant or
   12  his agent without being licensed as a motor  vehicle  for  hire  by  the
   13  appropriate  local  authority,  in violation of any of the provisions of
   14  this chapter or of any law, ordinance, rule  or  regulation  made  by  a
   15  local  authority;  or  (ii) the registrant was liable in accordance with
   16  section eleven hundred eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of
   17  this  chapter  for  a  violation  of  subdivision  (d) of section eleven
   18  hundred eleven of this chapter; or (iii) the registrant  was  liable  in
   19  accordance  with  section  eleven  hundred  eighty-b of this chapter for
   20  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
   21  hundred  eighty  of  this  chapter, or (IV) the registrant was liable in
   22  accordance with section eleven hundred  eighty-c  of  this  chapter  for
   23  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
   24  hundred eighty of this chapter, the commissioner or his agent shall deny
   25  the registration or renewal application  until  the  applicant  provides
   26  proof  from the court or administrative tribunal wherein the charges are
   27  pending that an appearance or answer has been made or in the case of  an
   28  administrative  tribunal  that  he has complied with the rules and regu-
   29  lations of said tribunal following entry of a final decision.  Where  an
   30  application is denied pursuant to this section, the commissioner may, in
   31  his  discretion, deny a registration or renewal application to any other
   32  person for the same vehicle and  may  deny  a  registration  or  renewal
   33  application  for  any  other motor vehicle registered in the name of the
   34  applicant where the commissioner has determined that  such  registrant's
   35  intent  has been to evade the purposes of this subdivision and where the
   36  commissioner has reasonable grounds to believe that such registration or
   37  renewal will have the effect of defeating the purposes of this  subdivi-
   38  sion.  Such  denial shall only remain in effect as long as the summonses
   39  remain unanswered, or in the case of  an  administrative  tribunal,  the
   40  registrant  fails  to  comply  with  the rules and regulations following
   41  entry of a final decision.
   42    S 2-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
   43  and  traffic law, as separately amended by section 1-d of chapter 43 and
   44  sections 8-d of chapters 99, 101 and 123 of the laws of 2014, is amended
   45  to read as follows:
   46    a. If at the time of application for a registration or renewal thereof
   47  there is a certification from a  court  or  administrative  tribunal  of
   48  appropriate  jurisdiction  that  the  registrant  or  his representative
   49  failed to appear on the return date or any subsequent adjourned date  or
   50  failed  to  comply  with  the rules and regulations of an administrative
   51  tribunal following entry of a final decision in  response  to  three  or
   52  more summonses or other process, issued within an eighteen month period,
   53  charging  that  such  motor  vehicle was parked, stopped or standing, or
   54  that such motor vehicle was operated for hire by the registrant  or  his
   55  agent  without  being licensed as a motor vehicle for hire by the appro-
   56  priate local authority, in violation of any of the  provisions  of  this
       S. 5300                             9

    1  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    2  authority, or the registrant was liable in accordance with section elev-
    3  en hundred eighty-c of this chapter for violations of  subdivision  (b),
    4  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
    5  or the registrant was liable in accordance with section  eleven  hundred
    6  eleven-d  OR  SECTION  ELEVEN  HUNDRED  ELEVEN-E  of  this chapter for a
    7  violation of subdivision (d) of section eleven hundred  eleven  of  this
    8  chapter,  the  commissioner  or his agent shall deny the registration or
    9  renewal application until the applicant provides proof from the court or
   10  administrative tribunal wherein the charges are pending that an  appear-
   11  ance  or answer has been made or in the case of an administrative tribu-
   12  nal that he has complied with the rules and regulations of said tribunal
   13  following entry of a final decision.  Where  an  application  is  denied
   14  pursuant  to this section, the commissioner may, in his discretion, deny
   15  a registration or renewal application to any other person for  the  same
   16  vehicle and may deny a registration or renewal application for any other
   17  motor  vehicle registered in the name of the applicant where the commis-
   18  sioner has determined that such registrant's intent has  been  to  evade
   19  the  purposes of this subdivision and where the commissioner has reason-
   20  able grounds to believe that such registration or renewal will have  the
   21  effect  of defeating the purposes of this subdivision. Such denial shall
   22  only remain in effect as long as the summonses remain unanswered, or  in
   23  the  case  of an administrative tribunal, the registrant fails to comply
   24  with the rules and regulations following entry of a final decision.
   25    S 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
   26  and  traffic  law,  as separately amended by section 8-d of chapters 99,
   27  101 and 123 of the laws of 2014, is amended to read a follows:
   28    a. If at the time of application for a registration or renewal thereof
   29  there is a certification from a  court  or  administrative  tribunal  of
   30  appropriate  jurisdiction  that  the  registrant  or  his representative
   31  failed to appear on the return date or any subsequent adjourned date  or
   32  failed  to  comply  with  the rules and regulations of an administrative
   33  tribunal following entry of a final decision in  response  to  three  or
   34  more summonses or other process, issued within an eighteen month period,
   35  charging  that  such  motor  vehicle was parked, stopped or standing, or
   36  that such motor vehicle was operated for hire by the registrant  or  his
   37  agent  without  being licensed as a motor vehicle for hire by the appro-
   38  priate local authority, in violation of any of the  provisions  of  this
   39  chapter  or  of  any  law, ordinance, rule or regulation made by a local
   40  authority, or the registrant was liable in accordance with section elev-
   41  en hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of  this  chapter
   42  for  a  violation of subdivision (d) of section eleven hundred eleven of
   43  this chapter, the commissioner or his agent shall deny the  registration
   44  or renewal application until the applicant provides proof from the court
   45  or  administrative  tribunal  wherein  the  charges  are pending that an
   46  appearance or answer has been made or in the case of  an  administrative
   47  tribunal  that  he  has  complied with the rules and regulations of said
   48  tribunal following entry of a final decision. Where  an  application  is
   49  denied   pursuant   to  this  section,  the  commissioner  may,  in  his
   50  discretion, deny a registration or  renewal  application  to  any  other
   51  person  for  the  same  vehicle  and  may deny a registration or renewal
   52  application for any other motor vehicle registered in the  name  of  the
   53  applicant  where  the commissioner has determined that such registrant's
   54  intent has been to evade the purposes of this subdivision and where  the
   55  commissioner has reasonable grounds to believe that such registration or
   56  renewal  will have the effect of defeating the purposes of this subdivi-
       S. 5300                            10

    1  sion. Such denial shall only remain in effect as long as  the  summonses
    2  remain  unanswered,  or  in  the case of an administrative tribunal, the
    3  registrant fails to comply with  the  rules  and  regulations  following
    4  entry of a final decision.
    5    S  2-f.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    6  and traffic law, as separately amended by chapters 339 and  592  of  the
    7  laws of 1987, is amended to read as follows:
    8    a. If at the time of application for a registration or renewal thereof
    9  there  is  a  certification  from  a court or administrative tribunal of
   10  appropriate jurisdiction  that  the  registrant  or  his  representative
   11  failed  to appear on the return date or any subsequent adjourned date or
   12  failed to comply with the rules and  regulations  of  an  administrative
   13  tribunal  following  entry  of  a final decision in response to three or
   14  more summonses or other process, issued within an eighteen month period,
   15  charging that such motor vehicle was parked,  stopped  or  standing,  or
   16  that  such  motor vehicle was operated for hire by the registrant or his
   17  agent without being licensed as a motor vehicle for hire by  the  appro-
   18  priate  local  authority,  in violation of any of the provisions of this
   19  chapter or of any law, ordinance, rule or regulation  made  by  a  local
   20  authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION ELEV-
   21  EN  HUNDRED  ELEVEN-E OF THIS CHAPTER FOR A VIOLATION OF SUBDIVISION (D)
   22  OF SECTION ELEVEN HUNDRED ELEVEN OF THIS CHAPTER,  the  commissioner  or
   23  his  agent  shall deny the registration or renewal application until the
   24  applicant provides proof from the court or administrative tribunal wher-
   25  ein the charges are pending that an appearance or answer has  been  made
   26  or  in  the case of an administrative tribunal that he has complied with
   27  the rules and regulations of said tribunal following entry  of  a  final
   28  decision.  Where  an application is denied pursuant to this section, the
   29  commissioner may, in his discretion,  deny  a  registration  or  renewal
   30  application  to  any  other  person  for the same vehicle and may deny a
   31  registration or renewal application for any other motor  vehicle  regis-
   32  tered in the name of the applicant where the commissioner has determined
   33  that  such  registrant's  intent  has been to evade the purposes of this
   34  subdivision and where the commissioner has reasonable grounds to believe
   35  that such registration or renewal will have the effect of defeating  the
   36  purposes of this subdivision. Such denial shall only remain in effect as
   37  long  as  the summonses remain unanswered, or in the case of an adminis-
   38  trative tribunal, the registrant fails to  comply  with  the  rules  and
   39  regulations following entry of a final decision.
   40    S  3. Subdivision 1 of section 1809 of the vehicle and traffic law, as
   41  amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
   42  opening  paragraph  and paragraph (c) as separately amended by section 3
   43  of chapter 43 and section 10 of chapters 99, 101 and 123 of the laws  of
   44  2014, is amended to read as follows:
   45    1.  Whenever  proceedings  in an administrative tribunal or a court of
   46  this state result in a conviction for an offense under this chapter or a
   47  traffic infraction under this chapter, or a local law,  ordinance,  rule
   48  or  regulation  adopted  pursuant  to this chapter, other than a traffic
   49  infraction involving standing, stopping, or  parking  or  violations  by
   50  pedestrians or bicyclists, or other than an adjudication of liability of
   51  an  owner  for  a violation of subdivision (d) of section eleven hundred
   52  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
   53  eleven-a  of this chapter, or other than an adjudication of liability of
   54  an owner for a violation of subdivision (d) of  section  eleven  hundred
   55  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
   56  eleven-b of this chapter, or other than an  adjudication  in  accordance
       S. 5300                            11

    1  with  section eleven hundred eleven-c of this chapter for a violation of
    2  a bus lane restriction as defined in such  section,  or  other  than  an
    3  adjudication of liability of an owner for a violation of subdivision (d)
    4  of  section  eleven  hundred  eleven  of this chapter in accordance with
    5  section eleven hundred eleven-d OR SECTION ELEVEN  HUNDRED  ELEVEN-E  of
    6  this chapter, or other than an adjudication of liability of an owner for
    7  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    8  hundred eighty of this chapter in accordance with section eleven hundred
    9  eighty-b of this chapter, or other than an adjudication of liability  of
   10  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
   11  section eleven hundred eighty of this chapter in accordance with section
   12  eleven hundred eighty-c of this chapter, there shall be levied  a  crime
   13  victim  assistance  fee  and  a  mandatory surcharge, in addition to any
   14  sentence required or permitted by law, in accordance with the  following
   15  schedule:
   16    (a)  Whenever  proceedings in an administrative tribunal or a court of
   17  this state result in a conviction for a traffic infraction  pursuant  to
   18  article  nine  of  this  chapter,  there  shall be levied a crime victim
   19  assistance fee in the amount of five dollars and a mandatory  surcharge,
   20  in  addition to any sentence required or permitted by law, in the amount
   21  of twenty-five dollars.
   22    (b) Whenever proceedings in an administrative tribunal or a  court  of
   23  this  state  result in a conviction for a misdemeanor or felony pursuant
   24  to section eleven hundred ninety-two of this  chapter,  there  shall  be
   25  levied,  in  addition  to  any  sentence required or permitted by law, a
   26  crime victim assistance fee in the amount of twenty-five dollars  and  a
   27  mandatory surcharge in accordance with the following schedule:
   28    (i)  a person convicted of a felony shall pay a mandatory surcharge of
   29  three hundred dollars;
   30    (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
   31  surcharge of one hundred seventy-five dollars.
   32    (c)  Whenever  proceedings in an administrative tribunal or a court of
   33  this state result in a conviction for  an  offense  under  this  chapter
   34  other than a crime pursuant to section eleven hundred ninety-two of this
   35  chapter,  or  a  traffic  infraction under this chapter, or a local law,
   36  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
   37  than  a  traffic  infraction involving standing, stopping, or parking or
   38  violations by pedestrians or bicyclists, or other than  an  adjudication
   39  of  liability  of an owner for a violation of subdivision (d) of section
   40  eleven hundred eleven of this chapter in accordance with section  eleven
   41  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
   42  liability of an owner for a violation  of  subdivision  (d)  of  section
   43  eleven  hundred eleven of this chapter in accordance with section eleven
   44  hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
   45  liability  of  an  owner  for  a violation of subdivision (d) of section
   46  eleven hundred eleven of this chapter in accordance with section  eleven
   47  hundred  eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of this chapter, or
   48  other than an infraction pursuant to article nine  of  this  chapter  or
   49  other  than  an adjudication of liability of an owner for a violation of
   50  toll collection  regulations  pursuant  to  section  two  thousand  nine
   51  hundred eighty-five of the public authorities law or sections sixteen-a,
   52  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   53  laws of nineteen hundred fifty or other than an adjudication in  accord-
   54  ance  with  section  eleven  hundred  eleven-c  of  this  chapter  for a
   55  violation of a bus lane restriction as defined in such section, or other
   56  than an adjudication of liability of an owner for a violation of  subdi-
       S. 5300                            12

    1  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    2  this chapter in accordance with section eleven hundred eighty-b of  this
    3  chapter,  or  other  than an adjudication of liability of an owner for a
    4  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    5  hundred eighty of this chapter in accordance with section eleven hundred
    6  eighty-c of this chapter, there shall be levied a crime  victim  assist-
    7  ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
    8  addition to any sentence required or permitted by law, in the amount  of
    9  fifty-five dollars.
   10    S  3-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
   11  as separately amended by section 3-a of chapter 43 and section  10-a  of
   12  chapters  99,  101  and  123  of the laws of 2014, is amended to read as
   13  follows:
   14    1. Whenever proceedings in an administrative tribunal or  a  court  of
   15  this  state  result  in a conviction for a crime under this chapter or a
   16  traffic infraction under this chapter, or a local law,  ordinance,  rule
   17  or  regulation  adopted  pursuant  to this chapter, other than a traffic
   18  infraction involving standing, stopping, parking or motor vehicle equip-
   19  ment or violations by pedestrians or bicyclists, or other than an  adju-
   20  dication  of liability of an owner for a violation of subdivision (d) of
   21  section eleven hundred eleven of this chapter in accordance with section
   22  eleven hundred eleven-a of this chapter, or other than  an  adjudication
   23  of  liability  of an owner for a violation of subdivision (d) of section
   24  eleven hundred eleven of this chapter in accordance with section  eleven
   25  hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
   26  accordance with section eleven hundred eleven-c of this  chapter  for  a
   27  violation of a bus lane restriction as defined in such section, or other
   28  than  an adjudication of liability of an owner for a violation of subdi-
   29  vision (d) of section eleven hundred eleven of this chapter  in  accord-
   30  ance  with  section  eleven  hundred  eleven-d OR SECTION ELEVEN HUNDRED
   31  ELEVEN-E of this chapter, or other than an adjudication of liability  of
   32  an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
   33  section eleven hundred eighty of this chapter in accordance with section
   34  eleven hundred eighty-b of this chapter, or other than  an  adjudication
   35  of  liability  of an owner for a violation of subdivision (b), (c), (d),
   36  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
   37  ance  with  section eleven hundred eighty-c of this chapter, there shall
   38  be levied a mandatory surcharge, in addition to any sentence required or
   39  permitted by law, in the amount of twenty-five dollars.
   40    S 3-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
   41  as  separately  amended by section 3-b of chapter 43 and section 10-b of
   42  chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
   43  follows:
   44    1.  Whenever  proceedings  in an administrative tribunal or a court of
   45  this state result in a conviction for a crime under this  chapter  or  a
   46  traffic  infraction  under  this chapter other than a traffic infraction
   47  involving standing, stopping, parking  or  motor  vehicle  equipment  or
   48  violations  by  pedestrians or bicyclists, or other than an adjudication
   49  in accordance with section eleven hundred eleven-c of this chapter for a
   50  violation of a bus lane restriction as defined in such section, or other
   51  than an adjudication of liability of an owner for a violation of  subdi-
   52  vision  (d)  of section eleven hundred eleven of this chapter in accord-
   53  ance with section eleven hundred  eleven-d  OR  SECTION  ELEVEN  HUNDRED
   54  ELEVEN-E  of this chapter, or other than an adjudication of liability of
   55  an owner for a violation of subdivision (b), (c), (d),  (f)  or  (g)  of
   56  section eleven hundred eighty of this chapter in accordance with section
       S. 5300                            13

    1  eleven  hundred  eighty-b of this chapter, or other than an adjudication
    2  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    3  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    4  ance  with  section eleven hundred eighty-c of this chapter, there shall
    5  be levied a mandatory surcharge, in addition to any sentence required or
    6  permitted by law, in the amount of seventeen dollars.
    7    S 3-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    8  as  separately  amended by section 3-c of chapter 43 and section 10-c of
    9  chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
   10  follows:
   11    1.  Whenever  proceedings  in an administrative tribunal or a court of
   12  this state result in a conviction for a crime under this  chapter  or  a
   13  traffic  infraction  under  this chapter other than a traffic infraction
   14  involving standing, stopping, parking  or  motor  vehicle  equipment  or
   15  violations  by  pedestrians or bicyclists, or other than an adjudication
   16  of liability of an owner for a violation of subdivision (b),  (c),  (d),
   17  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
   18  ance with section eleven hundred eighty-b of this chapter, or other than
   19  an adjudication of liability of an owner for a violation of  subdivision
   20  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
   21  ter  in accordance with section eleven hundred eighty-c of this chapter,
   22  or other than an adjudication of liability of an owner for  a  violation
   23  of  subdivision  (d) of section eleven hundred eleven of this chapter in
   24  accordance with  section  eleven  hundred  eleven-d  OR  SECTION  ELEVEN
   25  HUNDRED  ELEVEN-E  of  this  chapter,  there shall be levied a mandatory
   26  surcharge, in addition to any sentence required or permitted by law,  in
   27  the amount of seventeen dollars.
   28    S  3-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
   29  as separately amended by section 3-d of chapter 43 and section  10-d  of
   30  chapters  99,  101  and  123  of the laws of 2014, is amended to read as
   31  follows:
   32    1. Whenever proceedings in an administrative tribunal or  a  court  of
   33  this  state  result  in a conviction for a crime under this chapter or a
   34  traffic infraction under this chapter other than  a  traffic  infraction
   35  involving  standing,  stopping,  parking  or  motor vehicle equipment or
   36  violations by pedestrians or bicyclists, or other than  an  adjudication
   37  of  liability  of an owner for a violation of subdivision (b), (c), (d),
   38  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
   39  ance with section eleven hundred eighty-c of this chapter, or other than
   40  an  adjudication of liability of an owner for a violation of subdivision
   41  (d) of section eleven hundred eleven of this chapter in accordance  with
   42  section  eleven  hundred  eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of
   43  this chapter, there shall be levied a mandatory surcharge,  in  addition
   44  to any sentence required or permitted by law, in the amount of seventeen
   45  dollars.
   46    S  3-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
   47  as separately amended by section 10-d of chapters 99, 101 and 123 of the
   48  laws of 2014, is amended to read as follows:
   49    1. Whenever proceedings in an administrative tribunal or  a  court  of
   50  this  state  result  in a conviction for a crime under this chapter or a
   51  traffic infraction under this chapter other than  a  traffic  infraction
   52  involving  standing,  stopping,  parking  or  motor vehicle equipment or
   53  violations by pedestrians or bicyclists, or other than  an  adjudication
   54  of  liability  of an owner for a violation of subdivision (d) of section
   55  eleven hundred eleven of this chapter in accordance with section  eleven
   56  hundred  eleven-d  AND  SECTION ELEVEN HUNDRED ELEVEN-E of this chapter,
       S. 5300                            14

    1  there shall be levied a mandatory surcharge, in addition to any sentence
    2  required or permitted by law, in the amount of seventeen dollars.
    3    S  3-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    4  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    5  of the laws of 1989, is 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 (D)  OF  SECTION
   12  ELEVEN  HUNDRED ELEVEN OF THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN
   13  HUNDRED ELEVEN-E OF THIS CHAPTER, there  shall  be  levied  a  mandatory
   14  surcharge,  in addition to any sentence required or permitted by law, in
   15  the amount of seventeen dollars.
   16    S 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
   17  traffic law, as separately amended  by  section  4  of  chapter  43  and
   18  section  11  of chapters 99, 101 and 123 of the laws of 2014, is amended
   19  to read as follows:
   20    a. Notwithstanding any other provision of law, whenever proceedings in
   21  a court or  an  administrative  tribunal  of  this  state  result  in  a
   22  conviction for an offense under this chapter, except a conviction pursu-
   23  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   24  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   25  regulation adopted pursuant to this chapter, except a traffic infraction
   26  involving standing, stopping, or parking or violations by pedestrians or
   27  bicyclists, and except an adjudication of liability of an  owner  for  a
   28  violation  of  subdivision  (d) of section eleven hundred eleven of this
   29  chapter in accordance with section  eleven  hundred  eleven-a  [of  this
   30  chapter  or  in  accordance  with],  section  eleven hundred eleven-d OR
   31  SECTION ELEVEN HUNDRED ELEVEN-E of this chapter, and except  an  adjudi-
   32  cation  of  liability  of an owner for a violation of subdivision (d) of
   33  section eleven hundred eleven of this chapter in accordance with section
   34  eleven hundred eleven-b of this chapter, and except an  adjudication  in
   35  accordance  with  section  eleven  hundred eleven-c of this chapter of a
   36  violation of a bus lane restriction as  defined  in  such  section,  and
   37  except  an  adjudication  of  liability  of  an owner for a violation of
   38  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
   39  of  this  chapter  in accordance with section eleven hundred eighty-b of
   40  this chapter, and except an adjudication of liability of an owner for  a
   41  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
   42  hundred eighty of this chapter in accordance with section eleven hundred
   43  eighty-c of this chapter, and except an adjudication of liability of  an
   44  owner for a violation of toll collection regulations pursuant to section
   45  two  thousand  nine hundred eighty-five of the public authorities law or
   46  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
   47  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
   48  levied in addition to any sentence, penalty or other surcharge  required
   49  or permitted by law, an additional surcharge of twenty-eight dollars.
   50    S  4-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
   51  and traffic law, as separately amended by section 4-a of chapter 43  and
   52  section 11-a of chapters 99, 101 and 123 of the laws of 2014, is amended
   53  to read as follows:
   54    a. Notwithstanding any other provision of law, whenever proceedings in
   55  a  court  or  an  administrative  tribunal  of  this  state  result in a
   56  conviction for an offense under this chapter, except a conviction pursu-
       S. 5300                            15

    1  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    2  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    3  regulation adopted pursuant to this chapter, except a traffic infraction
    4  involving standing, stopping, or parking or violations by pedestrians or
    5  bicyclists,  and  except  an adjudication of liability of an owner for a
    6  violation of subdivision (d) of section eleven hundred  eleven  of  this
    7  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
    8  chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
    9  SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
   10  cation in accordance with section eleven hundred eleven-c of this  chap-
   11  ter of a violation of a bus lane restriction as defined in such section,
   12  and  except  an adjudication of liability of an owner for a violation of
   13  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
   14  of  this  chapter  in accordance with section eleven hundred eighty-b of
   15  this chapter, and except an adjudication of liability of an owner for  a
   16  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
   17  hundred eighty of this chapter in accordance with section eleven hundred
   18  eighty-c of this chapter, and except an adjudication of liability of  an
   19  owner for a violation of toll collection regulations pursuant to section
   20  two  thousand  nine hundred eighty-five of the public authorities law or
   21  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
   22  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
   23  levied in addition to any sentence, penalty or other surcharge  required
   24  or permitted by law, an additional surcharge of twenty-eight dollars.
   25    S  4-b.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
   26  and traffic law, as separately amended by section 4-b of chapter 43  and
   27  section 11-b of chapters 99, 101 and 123 of the laws of 2014, is amended
   28  to read as follows:
   29    a. Notwithstanding any other provision of law, whenever proceedings in
   30  a  court  or  an  administrative  tribunal  of  this  state  result in a
   31  conviction for an offense under this chapter, except a conviction pursu-
   32  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   33  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   34  regulation adopted pursuant to this chapter, except a traffic infraction
   35  involving standing, stopping, or parking or violations by pedestrians or
   36  bicyclists,  and  except  an adjudication of liability of an owner for a
   37  violation of subdivision (d) of section eleven hundred  eleven  of  this
   38  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
   39  chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
   40  SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
   41  cation of liability of an owner for a violation of subdivision (b), (c),
   42  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
   43  accordance  with  section  eleven  hundred eighty-b of this chapter, and
   44  except an adjudication of liability of  an  owner  for  a  violation  of
   45  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
   46  of this chapter in accordance with section eleven  hundred  eighty-c  of
   47  this  chapter, and except an adjudication of liability of an owner for a
   48  violation of toll collection regulations pursuant to section  two  thou-
   49  sand  nine hundred eighty-five of the public authorities law or sections
   50  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
   51  of the laws of nineteen hundred fifty, there shall be levied in addition
   52  to any sentence, penalty or other surcharge  required  or  permitted  by
   53  law, an additional surcharge of twenty-eight dollars.
   54    S  4-c.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
   55  and traffic law, as separately amended by section 4-c of chapter 43  and
       S. 5300                            16

    1  section 11-c of chapters 99, 101 and 123 of the laws of 2014, is amended
    2  to read as follows:
    3    a. Notwithstanding any other provision of law, whenever proceedings in
    4  a  court  or  an  administrative  tribunal  of  this  state  result in a
    5  conviction for an offense under this chapter, except a conviction pursu-
    6  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    7  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    8  regulation adopted pursuant to this chapter, except a traffic infraction
    9  involving standing, stopping, or parking or violations by pedestrians or
   10  bicyclists,  and  except  an adjudication of liability of an owner for a
   11  violation of subdivision (d) of section eleven hundred  eleven  of  this
   12  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
   13  chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
   14  SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
   15  cation of liability of an owner for a violation of subdivision (b), (c),
   16  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
   17  accordance  with  section  eleven  hundred eighty-c of this chapter, and
   18  except an adjudication of liability of an owner for a violation of  toll
   19  collection  regulations  pursuant  to  section two thousand nine hundred
   20  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
   21  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
   22  laws of nineteen hundred fifty, there shall be levied in addition to any
   23  sentence, penalty or other surcharge required or permitted  by  law,  an
   24  additional surcharge of twenty-eight dollars.
   25    S  4-d.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
   26  and traffic law, as separately amended by section 11-c of  chapters  99,
   27  101 and 123 of the laws of 2014, is amended to read as follows:
   28    a. Notwithstanding any other provision of law, whenever proceedings in
   29  a  court  or  an  administrative  tribunal  of  this  state  result in a
   30  conviction for an offense under this chapter, except a conviction pursu-
   31  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   32  fic infraction under this chapter, or a local law,  ordinance,  rule  or
   33  regulation adopted pursuant to this chapter, except a traffic infraction
   34  involving standing, stopping, or parking or violations by pedestrians or
   35  bicyclists,  and  except  an adjudication of liability of an owner for a
   36  violation of subdivision (d) of section eleven hundred  eleven  of  this
   37  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
   38  chapter or in accordance  with],  section  eleven  hundred  eleven-d  OR
   39  SECTION  ELEVEN  HUNDRED ELEVEN-E of this chapter, and except an adjudi-
   40  cation of liability of an owner for a violation of toll collection regu-
   41  lations pursuant to section two thousand nine hundred eighty-five of the
   42  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
   43  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
   44  fifty,  there  shall  be  levied in addition to any sentence, penalty or
   45  other surcharge required or permitted by law, an additional surcharge of
   46  twenty-eight dollars.
   47    S 4-e. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
   48  and  traffic law, as amended by section 5 of part C of chapter 55 of the
   49  laws of 2013, is amended to read as follows:
   50    a. Notwithstanding any other provision of law, whenever proceedings in
   51  a court or  an  administrative  tribunal  of  this  state  result  in  a
   52  conviction for an offense under this chapter, except a conviction pursu-
   53  ant to section eleven hundred ninety-two of this chapter, or for a traf-
   54  fic  infraction  under  this chapter, or a local law, ordinance, rule or
   55  regulation adopted pursuant to this chapter, except a traffic infraction
   56  involving standing, stopping, or parking or violations by pedestrians or
       S. 5300                            17

    1  bicyclists, and except an adjudication of liability of an  owner  for  a
    2  violation  of  subdivision  (d) of section eleven hundred eleven of this
    3  chapter in accordance with section eleven hundred  eleven-a  OR  SECTION
    4  ELEVEN  HUNDRED  ELEVEN-E of this chapter, and except an adjudication of
    5  liability of an owner for a violation  of  toll  collection  regulations
    6  pursuant  to section two thousand nine hundred eighty-five of the public
    7  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
    8  ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
    9  there shall be levied in addition to  any  sentence,  penalty  or  other
   10  surcharge required or permitted by law, an additional surcharge of twen-
   11  ty-eight dollars.
   12    S  5.  Subdivision  1  of section 371 of the general municipal law, as
   13  separately amended by section 12 of chapters 99, 101 and 123 of the laws
   14  of 2014, is amended to read as follows:
   15    1. A traffic violations bureau so established  may  be  authorized  to
   16  dispose of violations of traffic laws, ordinances, rules and regulations
   17  when  such offenses shall not constitute the traffic infraction known as
   18  speeding or a misdemeanor or felony, and, if authorized by local law  or
   19  ordinance,  to  adjudicate  the  liability  of  owners for violations of
   20  subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
   21  traffic  law  in accordance with section eleven hundred eleven-a of such
   22  law or section eleven hundred eleven-b of such law as added by  sections
   23  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
   24  two thousand nine which amended  this  subdivision,  or  section  eleven
   25  hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of such law.
   26    S 5-a. Section 371 of the general municipal law, as separately amended
   27  by  section  12-a  of  chapters  99, 101 and 123 of the laws of 2014, is
   28  amended to read as follows:
   29    S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
   30  established  may be authorized to dispose of violations of traffic laws,
   31  ordinances, rules and regulations when such offenses shall  not  consti-
   32  tute  the traffic infraction known as speeding or a misdemeanor or felo-
   33  ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
   34  liability  of owners for violations of subdivision (d) of section eleven
   35  hundred eleven of the vehicle and traffic law in accordance with section
   36  eleven hundred eleven-b of such law as  added  by  sections  sixteen  of
   37  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
   38  nine which amended this section or section eleven  hundred  eleven-d  OR
   39  SECTION  ELEVEN  HUNDRED  ELEVEN-E  of  such law, by permitting a person
   40  charged with an offense within the limitations herein stated, to answer,
   41  within a specified time, at the traffic  violations  bureau,  either  in
   42  person or by written power of attorney in such form as may be prescribed
   43  in  the  ordinance creating the bureau, by paying a prescribed fine and,
   44  in writing, waiving a hearing in court, pleading guilty to the charge or
   45  admitting liability as an owner for the violation of subdivision (d)  of
   46  section  eleven  hundred  eleven  of the vehicle and traffic law, as the
   47  case may be, and authorizing the person in charge of the bureau to  make
   48  such a plea or admission and pay such a fine in court. Acceptance of the
   49  prescribed  fine  and  power  of  attorney by the bureau shall be deemed
   50  complete satisfaction for the violation or of  the  liability,  and  the
   51  violator  or  owner liable for a violation of subdivision (d) of section
   52  eleven hundred eleven of the vehicle and traffic law shall  be  given  a
   53  receipt  which  so  states. If a person charged with a traffic violation
   54  does not answer as hereinbefore prescribed, within  a  designated  time,
   55  the  bureau  shall  cause  a  complaint to be entered against him or her
   56  forthwith and a warrant to be issued for his or her arrest  and  appear-
       S. 5300                            18

    1  ance  before  the  court.  Any  person  who  shall have been, within the
    2  preceding twelve months, guilty of a number  of  parking  violations  in
    3  excess  of  such maximum number as may be designated by the court, or of
    4  three  or  more  violations  other than parking violations, shall not be
    5  permitted to appear and answer to a subsequent violation at the  traffic
    6  violations  bureau,  but must appear in court at a time specified by the
    7  bureau. Such traffic  violations  bureau  shall  not  be  authorized  to
    8  deprive a person of his or her right to counsel or to prevent him or her
    9  from  exercising  his  or  her  right  to  appear in court to answer to,
   10  explain, or defend any charge of a violation of any traffic  law,  ordi-
   11  nance, rule or regulation.
   12    S 5-b. Section 371 of the general municipal law, as separately amended
   13  by  section  12-b  of  chapters  99, 101 and 123 of the laws of 2014, is
   14  amended to read as follows:
   15    S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
   16  established  may be authorized to dispose of violations of traffic laws,
   17  ordinances, rules and regulations when such offenses shall  not  consti-
   18  tute  the traffic infraction known as speeding or a misdemeanor or felo-
   19  ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
   20  liability  of owners for violations of subdivision (d) of section eleven
   21  hundred eleven of the vehicle and traffic law in accordance with section
   22  eleven hundred eleven-d OR SECTION ELEVEN HUNDRED ELEVEN-E of the  vehi-
   23  cle  and  traffic  law,  by  permitting a person charged with an offense
   24  within the limitations herein stated,  to  answer,  within  a  specified
   25  time,  at  the traffic violations bureau, either in person or by written
   26  power of attorney in such form as may be  prescribed  in  the  ordinance
   27  creating  the bureau, by paying a prescribed fine and, in writing, waiv-
   28  ing a hearing in court, pleading  guilty  to  the  charge  or  admitting
   29  liability  as  an  owner for the violation of subdivision (d) of section
   30  eleven hundred eleven of the vehicle and traffic law, as  the  case  may
   31  be,  and  authorizing  the person in charge of the bureau to make such a
   32  plea or admission and pay such  a  fine  in  court.  Acceptance  of  the
   33  prescribed  fine  and  power  of  attorney by the bureau shall be deemed
   34  complete satisfaction for the violation or of  the  liability,  and  the
   35  violator  or  owner liable for a violation of subdivision (d) of section
   36  eleven hundred eleven of the vehicle and traffic law shall  be  given  a
   37  receipt  which  so  states. If a person charged with a traffic violation
   38  does not answer as hereinbefore prescribed, within  a  designated  time,
   39  the  bureau  shall  cause  a  complaint to be entered against him or her
   40  forthwith and a warrant to be issued for his or her arrest  and  appear-
   41  ance  before  the  court.  Any  person  who  shall have been, within the
   42  preceding twelve months, guilty of a number  of  parking  violations  in
   43  excess  of  such maximum number as may be designated by the court, or of
   44  three or more violations other than parking  violations,  shall  not  be
   45  permitted  to appear and answer to a subsequent violation at the traffic
   46  violations bureau, but must appear in court at a time specified  by  the
   47  bureau.  Such  traffic  violations  bureau  shall  not  be authorized to
   48  deprive a person of his or her right to counsel or to prevent him or her
   49  from exercising his or her right  to  appear  in  court  to  answer  to,
   50  explain,  or  defend any charge of a violation of any traffic law, ordi-
   51  nance, rule or regulation.
   52    S 5-c. Section 371 of the general municipal law, as amended by chapter
   53  802 of the laws of 1949, is amended to read as follows:
   54    S 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
   55  established  may be authorized to dispose of violations of traffic laws,
   56  ordinances, rules and regulations when such offenses shall  not  consti-
       S. 5300                            19

    1  tute  the traffic infraction known as speeding or a misdemeanor or felo-
    2  ny, AND IF AUTHORIZED BY LOCAL  LAW  OR  ORDINANCE,  TO  ADJUDICATE  THE
    3  LIABILITY  OF OWNERS FOR VIOLATIONS OF SUBDIVISION (D) OF SECTION ELEVEN
    4  HUNDRED ELEVEN OF THE VEHICLE AND TRAFFIC LAW IN ACCORDANCE WITH SECTION
    5  ELEVEN  HUNDRED ELEVEN-E OF THE VEHICLE AND TRAFFIC LAW, by permitting a
    6  person charged with an offense within the limitations herein stated,  to
    7  answer,  within  a  specified  time,  at  the traffic violations bureau,
    8  either in person or by written power of attorney in such form as may  be
    9  prescribed  in the ordinance creating the bureau, by paying a prescribed
   10  fine and, in writing, waiving a hearing in court, pleading guilty to the
   11  charge and authorizing the person in charge of the bureau to make such a
   12  plea and pay such a fine in court.   Acceptance of the  prescribed  fine
   13  and  power  of attorney by the bureau shall be deemed complete satisfac-
   14  tion for the violation, and the violator shall be given a receipt  which
   15  so  states. If a person charged with a traffic violation does not answer
   16  as hereinbefore prescribed, within a designated time, the  bureau  shall
   17  cause  a  complaint to be entered against him forthwith and a warrant to
   18  be issued for his arrest and appearance before the court. Any person who
   19  shall have been, within the preceding twelve months, guilty of a  number
   20  of  parking violations in excess of such maximum number as may be desig-
   21  nated by the court, or of three or more violations  other  than  parking
   22  violations,  shall not be permitted to appear and answer to a subsequent
   23  violation at the traffic violations bureau, but must appear in court  at
   24  a time specified by the bureau. Such traffic violations bureau shall not
   25  be  authorized to deprive a person of his right to counsel or to prevent
   26  him from exercising his right to appear in court to answer to,  explain,
   27  or  defend any charge of a violation of any traffic law, ordinance, rule
   28  or regulation.
   29    S 6. This act shall take effect on the thirtieth day  after  it  shall
   30  have  become  a  law  and shall expire 5 years after such effective date
   31  when upon such date the provisions of this act shall be deemed repealed;
   32  and provided further that any rules necessary for the implementation  of
   33  this  act  on  its effective date shall be promulgated on or before such
   34  effective date, provided that:
   35    (a) the amendments to paragraph a of subdivision 5-a of section 401 of
   36  the vehicle and traffic law made by section two of this  act  shall  not
   37  affect  the  expiration  of such paragraph and shall be deemed to expire
   38  therewith, when upon such date the provisions of section two-a  of  this
   39  act shall take effect;
   40    (b) the amendments to paragraph a of subdivision 5-a of section 401 of
   41  the  vehicle and traffic law made by section two-a of this act shall not
   42  affect the expiration of such paragraph and shall be  deemed  to  expire
   43  therewith,  when  upon such date the provisions of section two-b of this
   44  act shall take effect;
   45    (c) the amendments to paragraph a of subdivision 5-a of section 401 of
   46  the vehicle and traffic law made by section two-b of this act shall  not
   47  affect  the  expiration  of such paragraph and shall be deemed to expire
   48  therewith, when upon such date the provisions of section two-c  of  this
   49  act shall take effect;
   50    (d) the amendments to paragraph a of subdivision 5-a of section 401 of
   51  the  vehicle and traffic law made by section two-c of this act shall not
   52  affect the expiration of such paragraph and shall be  deemed  to  expire
   53  therewith,  when  upon such date the provisions of section two-d of this
   54  act shall take effect;
   55    (e) the amendments to paragraph a of subdivision 5-a of section 401 of
   56  the vehicle and traffic law made by section two-d of this act shall  not
       S. 5300                            20

    1  affect  the  expiration  of such paragraph and shall be deemed to expire
    2  therewith, when upon such date the provisions of section two-e  of  this
    3  act shall take effect;
    4    (e-1)  the amendments to paragraph a of subdivision 5-a of section 401
    5  of the vehicle and traffic law made by section two-e of this  act  shall
    6  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    7  expire therewith, when upon such date the provisions of section two-f of
    8  this act shall take effect;
    9    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
   10  traffic law made by section three of this act shall not affect the expi-
   11  ration of such subdivision and shall be deemed to expire therewith, when
   12  upon such date the provisions of section three-a of this act shall  take
   13  effect;
   14    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
   15  traffic  law  made  by  section three-a of this act shall not affect the
   16  expiration of such subdivision and shall be deemed to expire  therewith,
   17  when  upon such date the provisions of section three-b of this act shall
   18  take effect;
   19    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
   20  traffic law made by section three-b of this act  shall  not  affect  the
   21  expiration  of such subdivision and shall be deemed to expire therewith,
   22  when upon such date the provisions of section three-c of this act  shall
   23  take effect;
   24    (i) the amendments to subdivision 1 of section 1809 of the vehicle and
   25  traffic  law  made  by  section three-c of this act shall not affect the
   26  expiration of such subdivision and shall be deemed to expire  therewith,
   27  when  upon such date the provisions of section three-d of this act shall
   28  take effect;
   29    (j) the amendments to subdivision 1 of section 1809 of the vehicle and
   30  traffic law made by section three-d of this act  shall  not  affect  the
   31  expiration  of such subdivision and shall be deemed to expire therewith,
   32  when upon such date the provisions of section three-e of this act  shall
   33  take effect;
   34    (j-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
   35  and traffic law made by section three-e of this act shall not affect the
   36  expiration of such subdivision and shall be deemed to expire  therewith,
   37  when  upon such date the provisions of section three-f of this act shall
   38  take effect;
   39    (k) the amendments to paragraph a of subdivision 1 of  section  1809-e
   40  of  the  vehicle  and traffic law made by section four of this act shall
   41  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   42  expire  therewith,  when upon such date the provisions of section four-a
   43  of this act shall take effect;
   44    (l) the amendments to paragraph a of subdivision 1 of  section  1809-e
   45  of  the vehicle and traffic law made by section four-a of this act shall
   46  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   47  expire  therewith,  when upon such date the provisions of section four-b
   48  of this act shall take effect;
   49    (m) the amendments to paragraph a of subdivision 1 of  section  1809-e
   50  of  the vehicle and traffic law made by section four-b of this act shall
   51  not affect the expiration of such  paragraph  and  shall  be  deemed  to
   52  expire  therewith,  when upon such date the provisions of section four-c
   53  of this act shall take effect;
   54    (n) the amendments to paragraph a of subdivision 1 of  section  1809-e
   55  of  the vehicle and traffic law made by section four-c of this act shall
   56  not affect the expiration of such  paragraph  and  shall  be  deemed  to
       S. 5300                            21

    1  expire  therewith,  when upon such date the provisions of section four-d
    2  of this act shall take effect;
    3    (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    4  of the vehicle and traffic law made by section four-d of this act  shall
    5  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    6  expire therewith, when upon such date the provisions of  section  four-e
    7  of this act shall take effect;
    8    (p)  the  amendments  to  subdivision  1 of section 371 of the general
    9  municipal law made by section five of this  act  shall  not  affect  the
   10  expiration  of such subdivision and shall be deemed to expire therewith,
   11  when upon such date the provisions of section five-a of this  act  shall
   12  take effect;
   13    (q) the amendments to section 371 of the general municipal law made by
   14  section  five-a  of  this  act  shall  not affect the expiration of such
   15  section and shall be deemed to expire therewith, when upon such date the
   16  provisions of section five-b of this act shall take effect; and
   17    (r) the amendments to section 371 of the general municipal law made by
   18  section five-b of this act shall  not  affect  the  expiration  of  such
   19  section and shall be deemed to expire therewith, when upon such date the
   20  provisions of section five-c of this act shall take effect.
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