•  Summary 
  •  
  •  Actions 
  •  
  •  Votes 
  •  
  •  Memo 
  •  
  •  Text 

S05300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5300
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      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    § 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    § 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    § 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    §  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    § 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    § 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    § 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    §  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    §  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    §  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    § 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    § 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    §  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    §  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    §  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    § 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    §  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    §  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    §  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    §  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    § 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    §  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    § 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    § 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    § 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    § 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    § 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    § 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    § 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.
Go to top
Page display time = 0.199 sec