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S05300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5300--B
 
                               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  --  recom-
          mitted  to  the  Committee on Transportation in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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-f to read as follows:
     3    § 1111-f. 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  town  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10903-06-6

        S. 5300--B                          2
 
     1  pursuant  to this section shall be dismissed solely because a photograph
     2  or photographs allow for the identification of the contents of  a  vehi-
     3  cle, provided that such town has made a reasonable effort to comply with
     4  the provisions of this paragraph.
     5    (b) In any such town which has adopted a local law or ordinance pursu-
     6  ant  to subdivision (a) of this section, the owner of a vehicle shall be
     7  liable for a penalty imposed pursuant to this section  of  such  vehicle
     8  was  used  or  operated  with  the  permission  of the owner, express or
     9  implied, in violation of subdivision (d) of section eleven hundred elev-
    10  en of this article, and  such  violation  is  evidenced  by  information
    11  obtained   from  a  traffic-control  signal  photo  violation-monitoring
    12  system; provided however that no owner of a vehicle shall be liable  for
    13  a  penalty  imposed  pursuant to this section where the operator of such
    14  vehicle has been convicted of the underlying  violation  of  subdivision
    15  (d) of section eleven hundred eleven of this article.
    16    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
    17  provided in article two-B of this chapter. For purposes of this section,
    18  "traffic-control signal photo violation-monitoring system" shall mean  a
    19  vehicle  sensor  installed to work in conjunction with a traffic-control
    20  signal which automatically produces two or more photographs, two or more
    21  microphotographs, a videotape or other recorded images of  each  vehicle
    22  at  the  time  it is used or operated in violation of subdivision (d) of
    23  section eleven hundred eleven of this article.
    24    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    25  the  town  of  Wallkill  in  which  the charged violation occurred, or a
    26  facsimile thereof, based upon  inspection  of  photographs,  microphoto-
    27  graphs,  videotape  or other recorded images produced by traffic-control
    28  signal photo violation-monitoring system, shall be prima facie  evidence
    29  of the facts contained therein. Any photographs, microphotographs, vide-
    30  otape  or  other  recorded  images  evidencing such a violation shall be
    31  available for inspection in any proceeding to adjudicate  the  liability
    32  for such violation pursuant to a local law or ordinance adopted pursuant
    33  to this section.
    34    (e)  An  owner  liable  for  a violation of subdivision (d) of section
    35  eleven hundred eleven of this article pursuant to a local law  or  ordi-
    36  nance  adopted  pursuant  to  this  section shall be liable for monetary
    37  penalties in accordance with a schedule of fines and penalties to be set
    38  forth in such local law or ordinance, except that if such town by  local
    39  law has authorized the adjudication of such owner liability by a parking
    40  violations  bureau,  such  schedule shall be promulgated by such bureau.
    41  The liability of the owner pursuant to this  section  shall  not  exceed
    42  fifty dollars for each violation; provided, however, that such local law
    43  or  ordinance  may  provide  for  an additional penalty not in excess of
    44  twenty-five dollars for each violation for the failure to respond  to  a
    45  notice of liability within the prescribed time period.
    46    (f)  An imposition of liability under a local law or ordinance adopted
    47  pursuant to this section shall not be deemed a conviction as an operator
    48  and shall not be made part of the operating record of  the  person  upon
    49  whom  such  liability  is  imposed  nor  shall  it be used for insurance
    50  purposes in the provision of motor vehicle insurance coverage.
    51    (g) 1. A notice of liability shall be sent by first class mail to each
    52  person alleged to be liable as an owner for a violation  of  subdivision
    53  (d)  of  section  eleven hundred eleven of this article pursuant to this
    54  section. Personal delivery on the owner shall not be required. A  manual
    55  or  automatic record of mailing prepared in the ordinary course of busi-
    56  ness shall be prima facie evidence of the facts contained therein.

        S. 5300--B                          3
 
     1    2. A notice of liability shall contain the name  and  address  of  the
     2  person  alleged  to be liable as an owner for a violation of subdivision
     3  (d) of section eleven hundred eleven of this article  pursuant  to  this
     4  section,  the  registration  number  of  the  vehicle  involved  in such
     5  violation,  the  location  where such violation took place, the date and
     6  time of such violation and the identification number of the camera which
     7  recorded the violation or other document locator number.
     8    3. The notice of liability  shall  contain  information  advising  the
     9  person charged of the manner and the time in which he or she may contest
    10  the liability alleged in the notice. Such notice of liability shall also
    11  contain  a warning to advise the persons charged that failure to contest
    12  in the manner and time provided shall be deemed an admission of  liabil-
    13  ity and that a default judgment may be entered thereon.
    14    4. The notice of liability shall be prepared and mailed by the town of
    15  Wallkill,  or by any other entity authorized by such town to prepare and
    16  mail such notification of violation.
    17    (h) Adjudication of the liability imposed upon owners by this  section
    18  shall  be by a traffic violations bureau established pursuant to section
    19  three hundred seventy of the general municipal law or, if there be none,
    20  by the court having jurisdiction over traffic infractions.
    21    (i) If an owner receives  a  notice  of  liability  pursuant  to  this
    22  section for any time period during which the vehicle was reported to the
    23  police  department as having been stolen, it shall be a valid defense to
    24  an allegation of liability for a violation of subdivision (d) of section
    25  eleven hundred eleven of this article pursuant to this section that  the
    26  vehicle  had been reported to the police as stolen prior to the time the
    27  violation occurred and had not been recovered by such time. For purposes
    28  of asserting the defense provided by this subdivision it shall be suffi-
    29  cient that a certified copy of the police report on the  stolen  vehicle
    30  be  sent  by  first  class  mail to the traffic violations bureau, court
    31  having jurisdiction or parking violations bureau.
    32    (j) 1. In such town where the adjudication of liability  imposed  upon
    33  owners  pursuant  to this section is by a traffic violations bureau or a
    34  court having jurisdiction, an owner who is a  lessor  of  a  vehicle  to
    35  which  a  notice  of liability was issued pursuant to subdivision (g) of
    36  this section shall not be liable for the violation of subdivision (d) of
    37  section eleven hundred eleven of this article, provided that he  or  she
    38  sends  to  the  traffic violations bureau or court having jurisdiction a
    39  copy of the rental, lease or other such contract document covering  such
    40  vehicle  on  the date of the violation, with the name and address of the
    41  lessee clearly legible, within thirty-seven days after receiving  notice
    42  from the bureau or court of the date and time of such violation, togeth-
    43  er  with  the  other  information  contained  in  the original notice of
    44  liability. Failure to send such information within such thirty-seven day
    45  time period shall render the owner liable for the penalty prescribed  by
    46  this  section.  Where  the  lessor  complies with the provisions of this
    47  paragraph, the lessee of such vehicle on  the  date  of  such  violation
    48  shall  be  deemed  to  be the owner of such vehicle for purposes of this
    49  section, shall be subject to liability for the violation of  subdivision
    50  (d)  of  section  eleven hundred eleven of this article pursuant to this
    51  section and shall be sent a notice of liability pursuant to  subdivision
    52  (g) of this section.
    53    2.  (I)  In  such town which, by local law, has authorized the adjudi-
    54  cation of liability imposed upon owners by this  section  by  a  parking
    55  violations  bureau,  an  owner  who  is a lessor of a vehicle to which a
    56  notice of liability was issued  pursuant  to  subdivision  (g)  of  this

        S. 5300--B                          4
 
     1  section  shall  not  be  liable  for the violation of subdivision (d) of
     2  section eleven hundred eleven of this article, provided that:
     3    (A)  prior  to  the violation, the lessor has filed with the bureau in
     4  accordance with the provisions of section  two  hundred  thirty-nine  of
     5  this chapter; and
     6    (B) within thirty-seven days after receiving notice from the bureau of
     7  the  date  and  time of a liability, together with the other information
     8  contained in the original notice of liability, the lessor submits to the
     9  bureau the correct name and address of the lessee of the vehicle identi-
    10  fied in the notice of liability at the time of such violation,  together
    11  with such other additional information contained in the rental, lease or
    12  other  contract  document,  as  may be reasonably required by the bureau
    13  pursuant to regulations that may be promulgated for such purpose.
    14    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
    15  paragraph  shall  render  the  owner liable for the penalty described in
    16  this section.
    17    (III) Where the lessor complies with the provisions of this paragraph,
    18  the lessee of such vehicle on the date of such violation shall be deemed
    19  to be the owner of such vehicle for purposes of this section,  shall  be
    20  subject  to  liability  for  such violation pursuant to this section and
    21  shall be sent a notice of liability pursuant to subdivision (g) of  this
    22  section.
    23    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    24  section eleven hundred eleven of this article pursuant to  this  section
    25  was  not  the  operator of the vehicle at the time of the violation, the
    26  owner may maintain an action for indemnification against the operator.
    27    2. Notwithstanding any other provisions of this section, no owner of a
    28  vehicle shall be subject to a monetary fine  imposed  pursuant  to  this
    29  section if the operator of such vehicle was operating such vehicle with-
    30  out  the consent of the owner at the time such operator failed to obey a
    31  traffic-control indication. For purposes of this subdivision there shall
    32  be a presumption that the operator of such vehicle  was  operating  such
    33  vehicle  with  the consent of the owner at the time such operator failed
    34  to obey a traffic-control indication.
    35    (1) Nothing in this section shall be construed to limit the  liability
    36  of  an  operator  of  a  vehicle for any violation of subdivision (d) of
    37  section eleven hundred eleven of this article.
    38    (m) In any such town which adopts a demonstration program pursuant  to
    39  subdivision (a) of this section, such town shall submit an annual report
    40  on  the  results  of the use of a traffic-control signal photo violation
    41  monitoring system to the governor, the temporary president of the senate
    42  and the speaker of the assembly on or before June  first,  two  thousand
    43  seventeen  and  on  the  same  date in each succeeding year in which the
    44  demonstration program is operable. Such report shall include, but not be
    45  limited to:
    46    1. a description of the locations where traffic-control  signal  photo
    47  violation-monitoring systems were used;
    48    2.  the  aggregate  number, type and severity of accidents reported at
    49  intersections where a traffic-control signal photo  violation-monitoring
    50  system  is  used for the year preceding the installation of such system,
    51  to the extent the information is maintained by the department  of  motor
    52  vehicles of this state;
    53    3.  The  aggregate  number, type and severity of accidents reported at
    54  intersections where a traffic-control signal photo  violation-monitoring
    55  system  is  used,  to  the  extent  the information is maintained by the
    56  department of motor vehicles of this state;

        S. 5300--B                          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 chapters 19, 20, 21, 22, 23 and
    22  383 of the laws of 2009; subparagraph (i) as amended by chapter  222  of
    23  the laws of 2015, is amended to read as follows:
    24    a.  (i)  If  at  the time of application for a registration or renewal
    25  thereof there is  a  certification  from  a  court,  parking  violations
    26  bureau, traffic and parking violations agency or administrative tribunal
    27  of  appropriate jurisdiction that the registrant or his or her represen-
    28  tative failed to appear on the return date or any  subsequent  adjourned
    29  date  or  failed to comply with the rules and regulations of an adminis-
    30  trative tribunal following entry of a final decision in  response  to  a
    31  total  of  three  or  more  summonses or other process in the aggregate,
    32  issued within an eighteen month period, charging either that:  (i)  such
    33  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    34  cle was operated for hire by the registrant or his or her agent  without
    35  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    36  authority, in violation of any of the provisions of this chapter  or  of
    37  any  law,  ordinance,  rule  or regulation made by a local authority; or
    38  (ii) the registrant was liable in accordance with section eleven hundred
    39  eleven-a, section eleven hundred  eleven-b  or  section  eleven  hundred
    40  eleven-d  of  this chapter for a violation of subdivision (d) of section
    41  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    42  liable  in accordance with section eleven hundred eleven-c of this chap-
    43  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    44  section,  or  (iv)  the registrant was liable in accordance with section
    45  eleven hundred eighty-b of this chapter for a violation  of  subdivision
    46  (c)  or (d) of section eleven hundred eighty of this chapter, or (v) the
    47  registrant was liable in accordance with section eleven hundred eighty-c
    48  of this chapter for a violation of subdivision (c)  or  (d)  of  section
    49  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    50  in  accordance  with  section  eleven hundred eleven-e or section eleven
    51  hundred eleven-f of this chapter for a violation of subdivision  (d)  of
    52  section  eleven  hundred eleven of this chapter, the commissioner or his
    53  or her agent shall deny the registration or  renewal  application  until
    54  the  applicant  provides  proof  from  the  court,  traffic  and parking
    55  violations agency or administrative tribunal  wherein  the  charges  are
    56  pending  that an appearance or answer has been made or in the case of an

        S. 5300--B                          6
 
     1  administrative tribunal that he or she has complied with the  rules  and
     2  regulations  of said tribunal following entry of a final decision. Where
     3  an application is denied pursuant to this section, the commissioner may,
     4  in  his or her discretion, deny a registration or renewal application to
     5  any other person for the same vehicle and may  deny  a  registration  or
     6  renewal  application  for any other motor vehicle registered in the name
     7  of the applicant where the commissioner has determined that such  regis-
     8  trant's  intent  has  been to evade the purposes of this subdivision and
     9  where the commissioner has  reasonable  grounds  to  believe  that  such
    10  registration  or  renewal will have the effect of defeating the purposes
    11  of this subdivision. Such denial shall only remain in effect as long  as
    12  the  summonses  remain  unanswered,  or in the case of an administrative
    13  tribunal, the registrant fails to comply with the rules and  regulations
    14  following entry of a final decision.
    15    (ii)  For purposes of this paragraph, the term "motor vehicle operated
    16  for hire" shall mean and include a taxicab, livery, coach, limousine  or
    17  tow truck.
    18    §  2-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    19  and traffic law, as amended by section 8-a of chapter 222 of the laws of
    20  2015, is amended to read as follows:
    21    a. If at the time of application for a registration or renewal thereof
    22  there is a certification from a  court  or  administrative  tribunal  of
    23  appropriate  jurisdiction  that  the  registrant or his or her represen-
    24  tative failed to appear on the return date or any  subsequent  adjourned
    25  date  or  failed to comply with the rules and regulations of an adminis-
    26  trative tribunal following entry of a final decision in  response  to  a
    27  total  of  three  or  more  summonses or other process in the aggregate,
    28  issued within an eighteen month period, charging either that:  (i)  such
    29  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    30  cle was operated for hire by the registrant or his or her agent  without
    31  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    32  authority, in violation of any of the provisions of this chapter  or  of
    33  any  law,  ordinance,  rule  or regulation made by a local authority; or
    34  (ii) the registrant was liable in accordance with section eleven hundred
    35  eleven-b of this chapter for a violation of subdivision (d)  of  section
    36  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
    37  liable in accordance with section eleven hundred eleven-c of this  chap-
    38  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
    39  section; or (iv) the registrant was liable in  accordance  with  section
    40  eleven  hundred  eleven-d of this chapter for a violation of subdivision
    41  (d) of section eleven hundred eleven of this chapter or (v)  the  regis-
    42  trant  was  liable in accordance with section eleven hundred eighty-b of
    43  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
    44  section eleven hundred eighty of this chapter; or (v) the registrant was
    45  liable in accordance with section eleven hundred eighty-c of this  chap-
    46  ter  for a violation of subdivision (b), (c), (d), (f) or (g) of section
    47  eleven hundred eighty of this chapter; or (vi) the registrant was liable
    48  in accordance with section eleven hundred  eleven-e  or  section  eleven
    49  hundred  eleven-f  of this chapter for a violation of subdivision (d) of
    50  section eleven hundred eleven of this chapter, the commissioner  or  his
    51  or  her  agent  shall deny the registration or renewal application until
    52  the applicant provides proof from the court or  administrative  tribunal
    53  wherein  the  charges  are pending that an appearance or answer has been
    54  made or in the case of an administrative tribunal that  he  or  she  has
    55  complied with the rules and regulations of said tribunal following entry
    56  of  a  final  decision.  Where an application is denied pursuant to this

        S. 5300--B                          7
 
     1  section, the commissioner may, in his or her discretion, deny  a  regis-
     2  tration  or renewal application to any other person for the same vehicle
     3  and may deny a registration or renewal application for any  other  motor
     4  vehicle  registered  in the name of the applicant where the commissioner
     5  has determined that such registrant's  intent  has  been  to  evade  the
     6  purposes  of  this subdivision and where the commissioner has reasonable
     7  grounds to believe that such  registration  or  renewal  will  have  the
     8  effect  of defeating the purposes of this subdivision. Such denial shall
     9  only remain in effect as long as the summonses remain unanswered, or  in
    10  the  case  of an administrative tribunal, the registrant fails to comply
    11  with the rules and regulations following entry of a final decision.
    12    § 2-b. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    13  and traffic law, as amended by section 8-b of chapter 222 of the laws of
    14  2015, is amended to read as follows:
    15    a. If at the time of application for a registration or renewal thereof
    16  there  is  a  certification  from  a court or administrative tribunal of
    17  appropriate jurisdiction that the registrant or  his  or  her  represen-
    18  tative  failed  to appear on the return date or any subsequent adjourned
    19  date or failed to comply with the rules and regulations of  an  adminis-
    20  trative  tribunal  following  entry  of  a final decision in response to
    21  three or more summonses or other  process,  issued  within  an  eighteen
    22  month  period, charging that: (i) such motor vehicle was parked, stopped
    23  or standing, or that such motor vehicle was operated  for  hire  by  the
    24  registrant or his or her agent without being licensed as a motor vehicle
    25  for  hire by the appropriate local authority, in violation of any of the
    26  provisions of this chapter or of any law, ordinance, rule or  regulation
    27  made  by a local authority; or (ii) the registrant was liable in accord-
    28  ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
    29  violation of a bus lane restriction as defined in such section; or (iii)
    30  the  registrant  was  liable  in  accordance with section eleven hundred
    31  eleven-d of this chapter for a violation of subdivision (d)  of  section
    32  eleven hundred eleven of this chapter; or (iv) the registrant was liable
    33  in accordance with section eleven hundred eighty-b of this chapter for a
    34  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    35  hundred eighty of this chapter, or the registrant was liable in  accord-
    36  ance  with  section  eleven  hundred  eighty-c  of  this  chapter  for a
    37  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
    38  hundred  eighty  of  this  chapter;  or (v) the registrant was liable in
    39  accordance with  section  eleven  hundred  eleven-e  or  section  eleven
    40  hundred  eleven-f  of this chapter for a violation of subdivision (d) of
    41  section eleven hundred eleven of this chapter, the commissioner  or  his
    42  or  her  agent  shall deny the registration or renewal application until
    43  the applicant provides proof from the court or  administrative  tribunal
    44  wherein  the  charges  are pending that an appearance or answer has been
    45  made or in the case of an administrative tribunal that  he  or  she  has
    46  complied with the rules and regulations of said tribunal following entry
    47  of  a  final  decision.  Where an application is denied pursuant to this
    48  section, the commissioner may, in his or her discretion, deny  a  regis-
    49  tration  or renewal application to any other person for the same vehicle
    50  and may deny a registration or renewal application for any  other  motor
    51  vehicle  registered  in the name of the applicant where the commissioner
    52  has determined that such registrant's  intent  has  been  to  evade  the
    53  purposes  of  this subdivision and where the commissioner has reasonable
    54  grounds to believe that such  registration  or  renewal  will  have  the
    55  effect  of defeating the purposes of this subdivision. Such denial shall
    56  only remain in effect as long as the summonses remain unanswered, or  in

        S. 5300--B                          8
 
     1  the  case  of an administrative tribunal, the registrant fails to comply
     2  with the rules and regulations following entry of a final decision.
     3    §  2-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     4  and traffic law, as amended by section 8-c of chapter 222 of the laws of
     5  2015, is amended to read as follows:
     6    a. If at the time of application for a registration or renewal thereof
     7  there is a certification from a  court  or  administrative  tribunal  of
     8  appropriate  jurisdiction  that  the  registrant or his or her represen-
     9  tative failed to appear on the return date or any  subsequent  adjourned
    10  date  or  failed to comply with the rules and regulations of an adminis-
    11  trative tribunal following entry of a  final  decision  in  response  to
    12  three  or  more  summonses  or  other process, issued within an eighteen
    13  month period, charging that: (i) such motor vehicle was parked,  stopped
    14  or  standing,  or  that  such motor vehicle was operated for hire by the
    15  registrant or his or her agent without being licensed as a motor vehicle
    16  for hire by the appropriate local authority, in violation of any of  the
    17  provisions  of this chapter or of any law, ordinance, rule or regulation
    18  made by a local authority; or (ii) the registrant was liable in  accord-
    19  ance  with  section  eleven  hundred  eleven-d  of  this  chapter  for a
    20  violation of subdivision (d) of section eleven hundred  eleven  of  this
    21  chapter;  or  (iii) the registrant was liable in accordance with section
    22  eleven hundred eighty-b of this chapter for  violations  of  subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter,  or  the  registrant  was  liable in accordance with section eleven
    25  hundred eighty-c of this chapter for violations of subdivision (b), (c),
    26  (d), (f) or (g) of section eleven hundred eighty  of  this  chapter;  or
    27  (iv) the registrant was liable in accordance with section eleven hundred
    28  eleven-e  or  section  eleven  hundred  eleven-f  of  this chapter for a
    29  violation of subdivision (d) of section eleven hundred  eleven  of  this
    30  chapter,  the  commissioner or his or her agent shall deny the registra-
    31  tion or renewal application until the applicant provides proof from  the
    32  court or administrative tribunal wherein the charges are pending that an
    33  appearance  or  answer has been made or in the case of an administrative
    34  tribunal that he has complied with the rules  and  regulations  of  said
    35  tribunal  following  entry  of a final decision. Where an application is
    36  denied pursuant to this section, the commissioner may,  in  his  or  her
    37  discretion,  deny  a  registration  or  renewal application to any other
    38  person for the same vehicle and  may  deny  a  registration  or  renewal
    39  application  for  any  other motor vehicle registered in the name of the
    40  applicant where the commissioner has determined that  such  registrant's
    41  intent  has been to evade the purposes of this subdivision and where the
    42  commissioner has reasonable grounds to believe that such registration or
    43  renewal will have the effect of defeating the purposes of this  subdivi-
    44  sion.  Such  denial shall only remain in effect as long as the summonses
    45  remain unanswered, or in the case of  an  administrative  tribunal,  the
    46  registrant  fails  to  comply  with  the rules and regulations following
    47  entry of a final decision.
    48    § 2-d. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    49  and traffic law, as amended by section 8-d of chapter 222 of the laws of
    50  2015, is amended to read as follows:
    51    a. If at the time of application for a registration or renewal thereof
    52  there  is  a  certification  from  a court or administrative tribunal of
    53  appropriate jurisdiction that the registrant or  his  or  her  represen-
    54  tative  failed  to appear on the return date or any subsequent adjourned
    55  date or failed to comply with the rules and regulations of  an  adminis-
    56  trative  tribunal  following  entry  of  a final decision in response to

        S. 5300--B                          9
 
     1  three or more summonses or other  process,  issued  within  an  eighteen
     2  month  period,  charging  that such motor vehicle was parked, stopped or
     3  standing, or that such motor vehicle was operated for hire by the regis-
     4  trant  or his or her agent without being licensed as a motor vehicle for
     5  hire by the appropriate local authority, in  violation  of  any  of  the
     6  provisions  of this chapter or of any law, ordinance, rule or regulation
     7  made by a local authority, or the registrant was  liable  in  accordance
     8  with  section eleven hundred eleven-d of this chapter for a violation of
     9  subdivision (d) of section eleven hundred eleven of this chapter, or the
    10  registrant was liable in accordance with section eleven hundred eleven-e
    11  or section eleven hundred eleven-f of this chapter for  a  violation  of
    12  subdivision  (d)  of  section eleven hundred eleven of this chapter, the
    13  commissioner or his or her agent shall deny the registration or  renewal
    14  application  until the applicant provides proof from the court or admin-
    15  istrative tribunal wherein the charges are pending that an appearance or
    16  answer has been made or in the case of an administrative  tribunal  that
    17  he  has complied with the rules and regulations of said tribunal follow-
    18  ing entry of a final decision.  Where an application is denied  pursuant
    19  to  this section, the commissioner may, in his or her discretion, deny a
    20  registration or renewal application to any other  person  for  the  same
    21  vehicle and may deny a registration or renewal application for any other
    22  motor  vehicle registered in the name of the applicant where the commis-
    23  sioner has determined that such registrant's intent has  been  to  evade
    24  the  purposes of this subdivision and where the commissioner has reason-
    25  able grounds to believe that such registration or renewal will have  the
    26  effect  of defeating the purposes of this subdivision. Such denial shall
    27  only remain in effect as long as the summonses remain unanswered, or  in
    28  the  case  of an administrative tribunal, the registrant fails to comply
    29  with the rules and regulations following entry of a final decision.
    30    § 2-e. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    31  and traffic law, as amended by section 8-e of chapter 222 of the laws of
    32  2015, is amended to read as follows:
    33    a. If at the time of application for a registration or renewal thereof
    34  there  is  a  certification  from  a court or administrative tribunal of
    35  appropriate jurisdiction that the registrant or  his  or  her  represen-
    36  tative  failed  to appear on the return date or any subsequent adjourned
    37  date or failed to comply with the rules and regulations of  an  adminis-
    38  trative  tribunal  following  entry  of  a final decision in response to
    39  three or more summonses or other  process,  issued  within  an  eighteen
    40  month  period,  charging  that such motor vehicle was parked, stopped or
    41  standing, or that such motor vehicle was operated for hire by the regis-
    42  trant or his or her agent without being licensed as a motor vehicle  for
    43  hire  by  the  appropriate  local  authority, in violation of any of the
    44  provisions of this chapter or of any law, ordinance, rule or  regulation
    45  made  by  a  local authority, or the registrant was liable in accordance
    46  with section eleven hundred eleven-d of this chapter for a violation  of
    47  subdivision (d) of section eleven hundred eleven of this chapter, or the
    48  registrant was liable in accordance with section eleven hundred eleven-e
    49  or  section  eleven  hundred eleven-f of this chapter for a violation of
    50  subdivision (d) of section eleven hundred eleven of  this  chapter,  the
    51  commissioner  or his or her agent shall deny the registration or renewal
    52  application until the applicant provides proof from the court or  admin-
    53  istrative tribunal wherein the charges are pending that an appearance or
    54  answer  has  been made or in the case of an administrative tribunal that
    55  he has complied with the rules and regulations of said tribunal  follow-
    56  ing  entry of a final decision.  Where an application is denied pursuant

        S. 5300--B                         10
 
     1  to this section, the commissioner may, in his or her discretion, deny  a
     2  registration  or  renewal  application  to any other person for the same
     3  vehicle and may deny a registration or renewal application for any other
     4  motor  vehicle registered in the name of the applicant where the commis-
     5  sioner has determined that such registrant's intent has  been  to  evade
     6  the  purposes of this subdivision and where the commissioner has reason-
     7  able grounds to believe that such registration or renewal will have  the
     8  effect  of defeating the purposes of this subdivision. Such denial shall
     9  only remain in effect as long as the summonses remain unanswered, or  in
    10  the  case  of an administrative tribunal, the registrant fails to comply
    11  with the rules and regulations following entry of a final decision.
    12    § 2-f.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    13  and traffic law, as amended by section 8-f of chapter 222 of the laws of
    14  2015, is amended to read as follows:
    15    a. If at the time of application for a registration or renewal thereof
    16  there  is  a  certification  from  a court or administrative tribunal of
    17  appropriate jurisdiction that the registrant or  his  or  her  represen-
    18  tative  failed  to appear on the return date or any subsequent adjourned
    19  date or failed to comply with the rules and regulations of  an  adminis-
    20  trative  tribunal  following  entry  of  a final decision in response to
    21  three or more summonses or other  process,  issued  within  an  eighteen
    22  month  period,  charging  that such motor vehicle was parked, stopped or
    23  standing, or that such motor vehicle was operated for hire by the regis-
    24  trant or his or her agent without being licensed as a motor vehicle  for
    25  hire  by  the  appropriate  local  authority, in violation of any of the
    26  provisions of this chapter or of any law, ordinance, rule or  regulation
    27  made  by  a  local authority, or the registrant was liable in accordance
    28  with section eleven hundred eleven-e or section eleven hundred  eleven-f
    29  of  this  chapter  for  a violation of subdivision (d) of section eleven
    30  hundred eleven of this chapter, the commissioner or  his  or  her  agent
    31  shall  deny  the registration or renewal application until the applicant
    32  provides proof from the court or  administrative  tribunal  wherein  the
    33  charges are pending that an appearance or answer has been made or in the
    34  case  of  an administrative tribunal that he has complied with the rules
    35  and regulations of said tribunal following entry of  a  final  decision.
    36  Where an application is denied pursuant to this section, the commission-
    37  er  may, in his or her discretion, deny a registration or renewal appli-
    38  cation to any other person for the same vehicle and may deny a registra-
    39  tion or renewal application for any other motor  vehicle  registered  in
    40  the  name  of  the  applicant where the commissioner has determined that
    41  such registrant's intent has been to evade the purposes of this subdivi-
    42  sion and where the commissioner has reasonable grounds to  believe  that
    43  such  registration  or  renewal  will  have  the effect of defeating the
    44  purposes of this subdivision. Such denial shall only remain in effect as
    45  long as the summonses remain unanswered, or in the case of  an  adminis-
    46  trative  tribunal,  the  registrant  fails  to comply with the rules and
    47  regulations following entry of a final decision.
    48    § 2-g. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    49  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    50  laws of 1987, is amended to read as follows:
    51    a. If at the time of application for a registration or renewal thereof
    52  there is a certification from a  court  or  administrative  tribunal  of
    53  appropriate  jurisdiction  that  the  registrant  or  his representative
    54  failed to appear on the return date or any subsequent adjourned date  or
    55  failed  to  comply  with  the rules and regulations of an administrative
    56  tribunal following entry of a final decision in  response  to  three  or

        S. 5300--B                         11

     1  more summonses or other process, issued within an eighteen month period,
     2  charging  that  such  motor  vehicle was parked, stopped or standing, or
     3  that such motor vehicle was operated for hire by the registrant  or  his
     4  agent  without  being licensed as a motor vehicle for hire by the appro-
     5  priate local authority, in violation of any of the  provisions  of  this
     6  chapter  or  of  any  law, ordinance, rule or regulation made by a local
     7  authority, or the registrant was liable in accordance with section elev-
     8  en hundred eleven-e of this chapter for a violation of  subdivision  (d)
     9  of  section  eleven  hundred eleven of this chapter, the commissioner or
    10  his agent shall deny the registration or renewal application  until  the
    11  applicant provides proof from the court or administrative tribunal wher-
    12  ein  the  charges are pending that an appearance or answer has been made
    13  or in the case of an administrative tribunal that he has  complied  with
    14  the  rules  and  regulations of said tribunal following entry of a final
    15  decision. Where an application is denied pursuant to this  section,  the
    16  commissioner  may,  in  his  discretion,  deny a registration or renewal
    17  application to any other person for the same  vehicle  and  may  deny  a
    18  registration  or  renewal application for any other motor vehicle regis-
    19  tered in the name of the applicant where the commissioner has determined
    20  that such registrant's intent has been to evade  the  purposes  of  this
    21  subdivision and where the commissioner has reasonable grounds to believe
    22  that  such registration or renewal will have the effect of defeating the
    23  purposes of this subdivision. Such denial shall only remain in effect as
    24  long as the summonses remain unanswered, or in the case of  an  adminis-
    25  trative  tribunal,  the  registrant  fails  to comply with the rules and
    26  regulations following entry of a final decision.
    27    § 3. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
    28  amended  by  section 2 of part DD of chapter 56 of the laws of 2008, the
    29  opening paragraph and paragraph (c) as amended by  chapter  222  of  the
    30  laws of 2015, is amended to read as follows:
    31    1.  Whenever  proceedings  in an administrative tribunal or a court of
    32  this state result in a conviction for an offense under this chapter or a
    33  traffic infraction under this chapter, or a local law,  ordinance,  rule
    34  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    35  infraction involving standing, stopping, or  parking  or  violations  by
    36  pedestrians or bicyclists, or other than an adjudication of liability of
    37  an  owner  for  a violation of subdivision (d) of section eleven hundred
    38  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    39  eleven-a  of this chapter, or other than an adjudication of liability of
    40  an owner for a violation of subdivision (d) of  section  eleven  hundred
    41  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    42  eleven-b of this chapter, or other than an  adjudication  in  accordance
    43  with  section eleven hundred eleven-c of this chapter for a violation of
    44  a bus lane restriction as defined in such  section,  or  other  than  an
    45  adjudication of liability of an owner for a violation of subdivision (d)
    46  of  section  eleven  hundred  eleven  of this chapter in accordance with
    47  section eleven hundred eleven-d of this chapter, or other than an  adju-
    48  dication  of  liability  of an owner for a violation of subdivision (b),
    49  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    50  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    51  other  than  an adjudication of liability of an owner for a violation of
    52  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    53  of  this  chapter  in accordance with section eleven hundred eighty-c of
    54  this chapter, or other than an adjudication of liability of an owner for
    55  a violation of subdivision (d) of section eleven hundred eleven of  this
    56  chapter  in  accordance  with section eleven hundred eleven-e or section

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

        S. 5300--B                         13
 
     1    §  3-a.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     2  as amended by section 10-a of chapter  222  of  the  laws  of  2015,  is
     3  amended to read as follows:
     4    1.  Whenever  proceedings  in an administrative tribunal or a court of
     5  this state result in a conviction for a crime under this  chapter  or  a
     6  traffic  infraction  under this chapter, or a local law, ordinance, rule
     7  or regulation adopted pursuant to this chapter,  other  than  a  traffic
     8  infraction involving standing, stopping, parking or motor vehicle equip-
     9  ment  or violations by pedestrians or bicyclists, or other than an adju-
    10  dication of liability of an owner for a violation of subdivision (d)  of
    11  section eleven hundred eleven of this chapter in accordance with section
    12  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    13  of liability of an owner for a violation of subdivision (d)  of  section
    14  eleven  hundred eleven of this chapter in accordance with section eleven
    15  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    16  accordance  with  section  eleven hundred eleven-c of this chapter for a
    17  violation of a bus lane restriction as defined in such section, or other
    18  than an adjudication of liability of an owner for a violation of  subdi-
    19  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    20  ance with section eleven hundred eleven-d of this chapter, or other than
    21  an adjudication of liability of an owner for a violation of  subdivision
    22  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    23  ter  in accordance with section eleven hundred eighty-b of this chapter,
    24  or other than an adjudication of liability of an owner for  a  violation
    25  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    26  eighty of this chapter in accordance with section eleven hundred  eight-
    27  y-c  of  this  chapter, or other than an adjudication of liability of an
    28  owner for a violation of subdivision (d) of section eleven hundred elev-
    29  en of this chapter in accordance with section eleven hundred eleven-e or
    30  section eleven hundred eleven-f of this chapter, there shall be levied a
    31  mandatory surcharge, in addition to any sentence required  or  permitted
    32  by law, in the amount of twenty-five dollars.
    33    §  3-b.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    34  as amended by section 10-b of chapter  222  of  the  laws  of  2015,  is
    35  amended to read as follows:
    36    1.  Whenever  proceedings  in an administrative tribunal or a court of
    37  this state result in a conviction for a crime under this  chapter  or  a
    38  traffic  infraction  under  this chapter other than a traffic infraction
    39  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    40  violations  by  pedestrians or bicyclists, or other than an adjudication
    41  in accordance with section eleven hundred eleven-c of this chapter for a
    42  violation of a bus lane restriction as defined in such section, or other
    43  than an adjudication of liability of an owner for a violation of  subdi-
    44  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    45  ance with section eleven hundred eleven-d of this chapter, or other than
    46  an adjudication of liability of an owner for a violation of  subdivision
    47  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    48  ter  in accordance with section eleven hundred eighty-b of this chapter,
    49  or other than an adjudication of liability of an owner for  a  violation
    50  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    51  eighty of this chapter in accordance with section eleven hundred  eight-
    52  y-c  of  this  chapter, or other than an adjudication of liability of an
    53  owner for a violation of subdivision (d) of section eleven hundred elev-
    54  en of this chapter in accordance with section eleven hundred eleven-e or
    55  section eleven hundred eleven-f of this chapter, there shall be levied a

        S. 5300--B                         14
 
     1  mandatory surcharge, in addition to any sentence required  or  permitted
     2  by law, in the amount of seventeen dollars.
     3    §  3-c.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     4  as amended by section 10-c of chapter  222  of  the  laws  of  2015,  is
     5  amended to read as follows:
     6    1.  Whenever  proceedings  in an administrative tribunal or a court of
     7  this state result in a conviction for a crime under this  chapter  or  a
     8  traffic  infraction  under  this chapter other than a traffic infraction
     9  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    10  violations  by  pedestrians or bicyclists, or other than an adjudication
    11  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    12  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    13  ance with section eleven hundred eighty-b of this chapter, or other than
    14  an adjudication of liability of an owner for a violation of  subdivision
    15  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    16  ter  in accordance with section eleven hundred eighty-c of this chapter,
    17  or other than an adjudication of liability of an owner for  a  violation
    18  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    19  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
    20  other  than  an adjudication of liability of an owner for a violation of
    21  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    22  accordance  with  section  eleven  hundred  eleven-e  or  section eleven
    23  hundred eleven-f of this chapter, there  shall  be  levied  a  mandatory
    24  surcharge,  in addition to any sentence required or permitted by law, in
    25  the amount of seventeen dollars.
    26    § 3-d. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    27  as  amended  by  section  10-d  of  chapter  222 of the laws of 2015, is
    28  amended to read as follows:
    29    1. Whenever proceedings in an administrative tribunal or  a  court  of
    30  this  state  result  in a conviction for a crime under this chapter or a
    31  traffic infraction under this chapter other than  a  traffic  infraction
    32  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    33  violations by pedestrians or bicyclists, or other than  an  adjudication
    34  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    35  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    36  ance with section eleven hundred eighty-c of this chapter, or other than
    37  an  adjudication of liability of an owner for a violation of subdivision
    38  (d) of section eleven hundred eleven of this chapter in accordance  with
    39  section  eleven hundred eleven-d of this chapter, or other than an adju-
    40  dication of liability of an owner for a violation of subdivision (d)  of
    41  section eleven hundred eleven of this chapter in accordance with section
    42  eleven hundred eleven-e or section eleven hundred eleven-f of this chap-
    43  ter,  there  shall  be  levied a mandatory surcharge, in addition to any
    44  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 amended by section 10-e of chapter  222  of  the  laws  of  2015,  is
    48  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 of this chapter,  or  other  than  an  adjudication  of

        S. 5300--B                         15
 
     1  liability  of  an  owner  for  a violation of subdivision (d) of section
     2  eleven hundred eleven of this chapter in accordance with section  eleven
     3  hundred  eleven-e  or  section  eleven hundred eleven-f of this chapter,
     4  there shall be levied a mandatory surcharge, in addition to any sentence
     5  required or permitted by law, in the amount of seventeen dollars.
     6    §  3-f.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     7  as amended by section 10-f of chapter  222  of  the  laws  of  2015,  is
     8  amended to read as follows:
     9    1.  Whenever  proceedings  in an administrative tribunal or a court of
    10  this state result in a conviction for a crime under this  chapter  or  a
    11  traffic  infraction  under  this chapter other than a traffic infraction
    12  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    13  violations  by  pedestrians or bicyclists, or other than an adjudication
    14  of liability of an owner for a violation of subdivision (d)  of  section
    15  eleven  hundred eleven of this chapter in accordance with section eleven
    16  hundred eleven-e or section eleven hundred  eleven-f  of  this  chapter,
    17  there shall be levied a mandatory surcharge, in addition to any sentence
    18  required or permitted by law, in the amount of seventeen dollars.
    19    §  3-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    20  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    21  of the laws of 1989, is amended to read as follows:
    22    1.  Whenever  proceedings  in an administrative tribunal or a court of
    23  this state result in a conviction for a crime under this  chapter  or  a
    24  traffic  infraction  under  this chapter other than a traffic infraction
    25  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    26  violations  by  pedestrians or bicyclists, or other than an adjudication
    27  of liability of an owner for a violation of subdivision (d)  of  section
    28  eleven  hundred eleven of this chapter in accordance with section eleven
    29  hundred eleven-e of this chapter, there  shall  be  levied  a  mandatory
    30  surcharge,  in addition to any sentence required or permitted by law, in
    31  the amount of seventeen dollars.
    32    § 4. Paragraph a of subdivision 1 of section 1809-e of the vehicle and
    33  traffic law, as amended by section 11 of chapter  222  of  the  laws  of
    34  2015, is amended to read as follows:
    35    a. Notwithstanding any other provision of law, whenever proceedings in
    36  a  court  or  an  administrative  tribunal  of  this  state  result in a
    37  conviction for an offense under this chapter, except a conviction pursu-
    38  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    39  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    40  regulation adopted pursuant to this chapter, except a traffic infraction
    41  involving standing, stopping, or parking or violations by pedestrians or
    42  bicyclists,  and  except  an adjudication of liability of an owner for a
    43  violation of subdivision (d) of section eleven hundred  eleven  of  this
    44  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
    45  chapter or in accordance with], section eleven hundred eleven-d [of this
    46  chapter, or in accordance with],  section  eleven  hundred  eleven-e  or
    47  section  eleven  hundred eleven-f of this chapter, and except an adjudi-
    48  cation of liability of an owner for a violation of  subdivision  (d)  of
    49  section eleven hundred eleven of this chapter in accordance with section
    50  eleven  hundred  eleven-b of this chapter, and except an adjudication in
    51  accordance with section eleven hundred eleven-c of  this  chapter  of  a
    52  violation  of  a  bus  lane  restriction as defined in such section, and
    53  except an adjudication of liability of  an  owner  for  a  violation  of
    54  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    55  of this chapter in accordance with section eleven  hundred  eighty-b  of
    56  this  chapter, and except an adjudication of liability of an owner for a

        S. 5300--B                         16
 
     1  violation of subdivision (b), (c), (d), (f) or  (g)  of  section  eleven
     2  hundred eighty of this chapter in accordance with section eleven hundred
     3  eighty-c  of this chapter, and except an adjudication of liability of an
     4  owner for a violation of toll collection regulations pursuant to section
     5  two  thousand  nine hundred eighty-five of the public authorities law or
     6  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
     7  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
     8  levied in addition to any sentence, penalty or other surcharge  required
     9  or permitted by law, an additional surcharge of twenty-eight dollars.
    10    §  4-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
    11  and traffic law, as amended by section 11-a of chapter 222 of  the  laws
    12  of 2015, is amended to read as follows:
    13    a. Notwithstanding any other provision of law, whenever proceedings in
    14  a  court  or  an  administrative  tribunal  of  this  state  result in a
    15  conviction for an offense under this chapter, except a conviction pursu-
    16  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    17  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    18  regulation adopted pursuant to this chapter, except a traffic infraction
    19  involving standing, stopping, or parking or violations by pedestrians or
    20  bicyclists,  and  except  an adjudication of liability of an owner for a
    21  violation of subdivision (d) of section eleven hundred  eleven  of  this
    22  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
    23  chapter or in accordance with], section eleven hundred eleven-d [of this
    24  chapter or in accordance  with],  section  eleven  hundred  eleven-e  or
    25  section  eleven  hundred eleven-f of this chapter, and except an adjudi-
    26  cation in accordance with section eleven hundred eleven-c of this  chap-
    27  ter of a violation of a bus lane restriction as defined in such section,
    28  and  except  an adjudication of liability of an owner for a violation of
    29  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    30  of  this  chapter  in accordance with section eleven hundred eighty-b of
    31  this chapter, and except an adjudication of liability of an owner for  a
    32  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    33  hundred eighty of this chapter in accordance with section eleven hundred
    34  eighty-c of this chapter, and except an adjudication of liability of  an
    35  owner for a violation of toll collection regulations pursuant to section
    36  two  thousand  nine hundred eighty-five of the public authorities law or
    37  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    38  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    39  levied in addition to any sentence, penalty or other surcharge  required
    40  or permitted by law, an additional surcharge of twenty-eight dollars.
    41    §  4-b.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
    42  and traffic law, as amended by section 11-b of chapter 222 of  the  laws
    43  of 2015, is amended to read as follows:
    44    a. Notwithstanding any other provision of law, whenever proceedings in
    45  a  court  or  an  administrative  tribunal  of  this  state  result in a
    46  conviction for an offense under this chapter, except a conviction pursu-
    47  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    48  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    49  regulation adopted pursuant to this chapter, except a traffic infraction
    50  involving standing, stopping, or parking or violations by pedestrians or
    51  bicyclists,  and  except  an adjudication of liability of an owner for a
    52  violation of subdivision (d) of section eleven hundred  eleven  of  this
    53  chapter  in  accordance  with  section  eleven hundred eleven-a [of this
    54  chapter or in accordance with], section eleven hundred eleven-d [of this
    55  chapter or in accordance  with],  section  eleven  hundred  eleven-e  or
    56  section  eleven  hundred eleven-f of this chapter, and except an adjudi-

        S. 5300--B                         17
 
     1  cation of liability of an owner for a violation of subdivision (b), (c),
     2  (d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
     3  accordance  with  section  eleven  hundred eighty-b of this chapter, and
     4  except  an  adjudication  of  liability  of  an owner for a violation of
     5  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
     6  of  this  chapter  in accordance with section eleven hundred eighty-c of
     7  this chapter, and except an adjudication of liability of an owner for  a
     8  violation  of  toll collection regulations pursuant to section two thou-
     9  sand nine hundred eighty-five of the public authorities law or  sections
    10  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    11  of the laws of nineteen hundred fifty, there shall be levied in addition
    12  to  any  sentence,  penalty  or other surcharge required or permitted by
    13  law, an additional surcharge of twenty-eight dollars.
    14    § 4-c. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
    15  and  traffic  law, as amended by section 11-c of chapter 222 of the laws
    16  of 2015, is amended to read as follows:
    17    a. Notwithstanding any other provision of law, whenever proceedings in
    18  a court or  an  administrative  tribunal  of  this  state  result  in  a
    19  conviction for an offense under this chapter, except a conviction pursu-
    20  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    21  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    22  regulation adopted pursuant to this chapter, except a traffic infraction
    23  involving standing, stopping, or parking or violations by pedestrians or
    24  bicyclists, and except an adjudication of liability of an  owner  for  a
    25  violation  of  subdivision  (d) of section eleven hundred eleven of this
    26  chapter in accordance with section  eleven  hundred  eleven-a  [of  this
    27  chapter or in accordance with], section eleven hundred eleven-d [of this
    28  chapter  or  in  accordance  with],  section  eleven hundred eleven-e or
    29  section eleven hundred eleven-f of this chapter, and except  an  adjudi-
    30  cation of liability of an owner for a violation of subdivision (b), (c),
    31  (d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
    32  accordance with section eleven hundred eighty-c  of  this  chapter,  and
    33  except  an adjudication of liability of an owner for a violation of toll
    34  collection regulations pursuant to section  two  thousand  nine  hundred
    35  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    36  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    37  laws of nineteen hundred fifty, there shall be levied in addition to any
    38  sentence,  penalty  or  other surcharge required or permitted by law, an
    39  additional surcharge of twenty-eight dollars.
    40    § 4-d. Paragraph a of subdivision 1 of section 1809-e of  the  vehicle
    41  and  traffic  law, as amended by section 11-d of chapter 222 of the laws
    42  of 2015, is amended to read as follows:
    43    a. Notwithstanding any other provision of law, whenever proceedings in
    44  a court or  an  administrative  tribunal  of  this  state  result  in  a
    45  conviction for an offense under this chapter, except a conviction pursu-
    46  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    47  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    48  regulation adopted pursuant to this chapter, except a traffic infraction
    49  involving standing, stopping, or parking or violations by pedestrians or
    50  bicyclists, and except an adjudication of liability of an  owner  for  a
    51  violation  of  subdivision  (d) of section eleven hundred eleven of this
    52  chapter in accordance with section  eleven  hundred  eleven-a  [of  this
    53  chapter or in accordance with], section eleven hundred eleven-d [of this
    54  chapter  or  in  accordance  with],  section  eleven hundred eleven-e or
    55  section eleven hundred eleven-f of this chapter, and except  an  adjudi-
    56  cation of liability of an owner for a violation of toll collection regu-

        S. 5300--B                         18
 
     1  lations pursuant to section two thousand nine hundred eighty-five of the
     2  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
     3  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
     4  fifty,  there  shall  be  levied in addition to any sentence, penalty or
     5  other surcharge required or permitted by law, an additional surcharge of
     6  twenty-eight dollars.
     7    § 4-e.  Paragraph a of subdivision 1 of section 1809-e of the  vehicle
     8  and  traffic  law, as amended by section 11-e of chapter 222 of the laws
     9  of 2015, is amended to read as follows:
    10    a. Notwithstanding any other provision of law, whenever proceedings in
    11  a court or  an  administrative  tribunal  of  this  state  result  in  a
    12  conviction for an offense under this chapter, except a conviction pursu-
    13  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    14  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    15  regulation adopted pursuant to this chapter, except a traffic infraction
    16  involving standing, stopping, or parking or violations by pedestrians or
    17  bicyclists, and except an adjudication of liability of an  owner  for  a
    18  violation  of  subdivision  (d) of section eleven hundred eleven of this
    19  chapter in accordance with section  eleven  hundred  eleven-a  [of  this
    20  chapter  or  in  accordance  with],  section  eleven hundred eleven-e or
    21  section eleven hundred eleven-f of this chapter, and except  an  adjudi-
    22  cation of liability of an owner for a violation of toll collection regu-
    23  lations pursuant to section two thousand nine hundred eighty-five of the
    24  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    25  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    26  fifty, there shall be levied in addition to  any  sentence,  penalty  or
    27  other surcharge required or permitted by law, an additional surcharge of
    28  twenty-eight dollars.
    29    §  4-f.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
    30  and traffic law, as amended by section 5 of part C of chapter 55 of  the
    31  laws of 2013, is amended to read as follows:
    32    a. Notwithstanding any other provision of law, whenever proceedings in
    33  a  court  or  an  administrative  tribunal  of  this  state  result in a
    34  conviction for an offense under this chapter, except a conviction pursu-
    35  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    36  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    37  regulation adopted pursuant to this chapter, except a traffic infraction
    38  involving standing, stopping, or parking or violations by pedestrians or
    39  bicyclists,  and  except  an adjudication of liability of an owner for a
    40  violation of subdivision (d) of section eleven hundred  eleven  of  this
    41  chapter  in  accordance  with section eleven hundred eleven-a or section
    42  eleven hundred eleven-e of this chapter, and except an  adjudication  of
    43  liability  of  an  owner  for a violation of toll collection regulations
    44  pursuant to section two thousand nine hundred eighty-five of the  public
    45  authorities  law or sections sixteen-a, sixteen-b and sixteen-c of chap-
    46  ter seven hundred seventy-four of the laws of  nineteen  hundred  fifty,
    47  there  shall  be  levied  in  addition to any sentence, penalty or other
    48  surcharge required or permitted by law, an additional surcharge of twen-
    49  ty-eight dollars.
    50    § 5. Subdivision 1 of section 371 of the  general  municipal  law,  as
    51  amended  by section 12 of chapter 222 of the laws of 2015, is amended to
    52  read as follows:
    53    1. A traffic violations bureau so established  may  be  authorized  to
    54  dispose of violations of traffic laws, ordinances, rules and regulations
    55  when  such offenses shall not constitute the traffic infraction known as
    56  speeding or a misdemeanor or felony, and, if authorized by local law  or

        S. 5300--B                         19
 
     1  ordinance,  to  adjudicate  the  liability  of  owners for violations of
     2  subdivision (d) of section eleven hundred  eleven  of  the  vehicle  and
     3  traffic  law  in accordance with section eleven hundred eleven-a of such
     4  law  or section eleven hundred eleven-b of such law as added by sections
     5  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
     6  two  thousand  nine  which  amended  this subdivision, or section eleven
     7  hundred eleven-d of such law, or section  eleven  hundred  eleven-e,  or
     8  section eleven hundred eleven-f of such law.
     9    § 5-a. Section 371 of the general municipal law, as amended by section
    10  12-a of chapter 222 of the laws of 2015, is amended to read as follows:
    11    §  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
    12  established may be authorized to dispose of violations of traffic  laws,
    13  ordinances,  rules  and regulations when such offenses shall not consti-
    14  tute the traffic infraction known as speeding or a misdemeanor or  felo-
    15  ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
    16  liability of owners for violations of subdivision (d) of section  eleven
    17  hundred eleven of the vehicle and traffic law in accordance with section
    18  eleven  hundred  eleven-b  of  such  law as added by sections sixteen of
    19  chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
    20  nine  which  amended  this section or section eleven hundred eleven-d of
    21  such law [or], section eleven hundred eleven-e of such  law  or  section
    22  eleven hundred eleven-f of such law, by permitting a person charged with
    23  an  offense  within  the  limitations herein stated, to answer, within a
    24  specified time, at the traffic violations bureau, either in person or by
    25  written power of attorney in such form as may be prescribed in the ordi-
    26  nance creating the bureau, by paying a prescribed fine and, in  writing,
    27  waiving  a  hearing in court, pleading guilty to the charge or admitting
    28  liability as an owner for the violation of subdivision  (d)  of  section
    29  eleven  hundred  eleven  of the vehicle and traffic law, as the case may
    30  be, and authorizing the person in charge of the bureau to  make  such  a
    31  plea  or  admission  and  pay  such  a  fine in court. Acceptance of the
    32  prescribed fine and power of attorney by  the  bureau  shall  be  deemed
    33  complete  satisfaction  for  the  violation or of the liability, and the
    34  violator or owner liable for a violation of subdivision (d)  of  section
    35  eleven  hundred  eleven  of the vehicle and traffic law shall be given a
    36  receipt which so states. If a person charged with  a  traffic  violation
    37  does  not  answer  as hereinbefore prescribed, within a designated time,
    38  the bureau shall cause a complaint to be  entered  against  him  or  her
    39  forthwith  and  a warrant to be issued for his or her arrest and appear-
    40  ance before the court. Any  person  who  shall  have  been,  within  the
    41  preceding  twelve  months,  guilty  of a number of parking violations in
    42  excess of such maximum number as may be designated by the court,  or  of
    43  three  or  more  violations  other than parking violations, shall not be
    44  permitted to appear and answer to a subsequent violation at the  traffic
    45  violations  bureau,  but must appear in court at a time specified by the
    46  bureau. Such traffic  violations  bureau  shall  not  be  authorized  to
    47  deprive a person of his or her right to counsel or to prevent him or her
    48  from  exercising  his  or  her  right  to  appear in court to answer to,
    49  explain, or defend any charge of a violation of any traffic  law,  ordi-
    50  nance, rule or regulation.
    51    § 5-b. Section 371 of the general municipal law, as amended by section
    52  12-b of chapter 222 of the laws of 2015, is amended to read as follows:
    53    §  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
    54  established may be authorized to dispose of violations of traffic  laws,
    55  ordinances,  rules  and regulations when such offenses shall not consti-
    56  tute the traffic infraction known as speeding or a misdemeanor or  felo-

        S. 5300--B                         20

     1  ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
     2  liability of owners for violations of subdivision (d) of section  eleven
     3  hundred eleven of the vehicle and traffic law in accordance with section
     4  eleven hundred eleven-d [or], section eleven hundred eleven-e or section
     5  eleven  hundred eleven-f 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 or admitting liability as an owner for the violation of  subdivi-
    12  sion  (d)  of  section  eleven hundred eleven of the vehicle and traffic
    13  law, as the case may be, and authorizing the person  in  charge  of  the
    14  bureau  to  make  such a plea or admission and pay such a fine in court.
    15  Acceptance of the prescribed fine and power of attorney  by  the  bureau
    16  shall  be  deemed  complete  satisfaction  for  the  violation or of the
    17  liability, and the violator or owner liable for a violation of  subdivi-
    18  sion (d) of section eleven hundred eleven of the vehicle and traffic law
    19  shall  be  given  a  receipt which so states. If a person charged with a
    20  traffic violation does not answer as hereinbefore prescribed,  within  a
    21  designated  time,  the  bureau  shall  cause  a  complaint to be entered
    22  against him or her forthwith and a warrant to be issued for his  or  her
    23  arrest  and appearance before the court. Any person who shall have been,
    24  within the preceding twelve  months,  guilty  of  a  number  of  parking
    25  violations  in excess of such maximum number as may be designated by the
    26  court, or of three or more violations  other  than  parking  violations,
    27  shall not be permitted to appear and answer to a subsequent violation at
    28  the traffic violations bureau, but must appear in court at a time speci-
    29  fied  by the bureau. Such traffic violations bureau shall not be author-
    30  ized to deprive a person of his or her right to counsel  or  to  prevent
    31  him or her from exercising his or her right to appear in court to answer
    32  to,  explain,  or  defend  any charge of a violation of any traffic law,
    33  ordinance, rule or regulation.
    34    § 5-c.   Section 371 of the  general  municipal  law,  as  amended  by
    35  section  12-c  of chapter 222 of the laws of 2015, is amended to read as
    36  follows:
    37    § 371. Jurisdiction and procedure.  A  traffic  violations  bureau  so
    38  established  may be authorized to dispose of violations of traffic laws,
    39  ordinances, rules and regulations when such offenses shall  not  consti-
    40  tute  the traffic infraction known as speeding or a misdemeanor or felo-
    41  ny, and, if authorized by local law  or  ordinance,  to  adjudicate  the
    42  liability  of owners for violations of subdivision (d) of section eleven
    43  hundred eleven of the vehicle and traffic law in accordance with section
    44  eleven hundred eleven-e or section eleven hundred eleven-f of the  vehi-
    45  cle  and  traffic  law,  by  permitting a person charged with an offense
    46  within the limitations herein stated,  to  answer,  within  a  specified
    47  time,  at  the traffic violations bureau, either in person or by written
    48  power of attorney in such form as may be  prescribed  in  the  ordinance
    49  creating  the bureau, by paying a prescribed fine and, in writing, waiv-
    50  ing a hearing in court, pleading  guilty  to  the  charge  or  admitting
    51  liability as an owner for violation of subdivision (d) of section eleven
    52  hundred  eleven  of the vehicle and traffic law, as the case may be, and
    53  authorizing the person in charge of the bureau to make such  a  plea  or
    54  admission  and  pay  such  a fine in court. Acceptance of the prescribed
    55  fine and power of attorney by the bureau shall be deemed complete satis-
    56  faction for the violation or of the liability, and the violator or owner

        S. 5300--B                         21
 
     1  liable for a violation of subdivision  (d)  of  section  eleven  hundred
     2  eleven  of the vehicle and traffic law shall be given a receipt which so
     3  states. If a person charged with a traffic violation does not answer  as
     4  hereinbefore  prescribed,  within  a  designated  time, the bureau shall
     5  cause a complaint to be entered against  him  or  her  forthwith  and  a
     6  warrant  to  be  issued  for his or her arrest and appearance before the
     7  court. Any person who shall  have  been,  within  the  preceding  twelve
     8  months, guilty of a number of parking violations in excess of such maxi-
     9  mum  number  as  may  be  designated  by  the court, or of three or more
    10  violations other than parking violations,  shall  not  be  permitted  to
    11  appear  and  answer  to a subsequent violation at the traffic violations
    12  bureau, but must appear in court at a time specified by the bureau. Such
    13  traffic violations bureau shall not be authorized to deprive a person of
    14  his or her right to counsel or to prevent him or her from exercising his
    15  or her right to appear in court to answer to,  explain,  or  defend  any
    16  charge of a violation of any traffic law, ordinance, rule or regulation.
    17    § 5-d. Section 371 of the general municipal law, as amended by chapter
    18  802 of the laws of 1949, is amended to read as follows:
    19    §  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
    20  established may be authorized to dispose of violations of traffic  laws,
    21  ordinances,  rules  and regulations when such offenses shall not consti-
    22  tute the traffic infraction known as speeding or a misdemeanor or  felo-
    23  ny,  and  if  authorized  by  local  law or ordinance, to adjudicate the
    24  liability of owners for violations of subdivision (d) of section  eleven
    25  hundred eleven of the vehicle and traffic law in accordance with section
    26  eleven  hundred eleven-e of the vehicle and traffic law, by permitting a
    27  person charged with an offense within the limitations herein stated,  to
    28  answer,  within  a  specified  time,  at  the traffic violations bureau,
    29  either in person or by written power of attorney in such form as may  be
    30  prescribed  in the ordinance creating the bureau, by paying a prescribed
    31  fine and, in writing, waiving a hearing in court, pleading guilty to the
    32  charge and authorizing the person in charge of the bureau to make such a
    33  plea and pay such a fine in court.   Acceptance of the  prescribed  fine
    34  and  power  of attorney by the bureau shall be deemed complete satisfac-
    35  tion for the violation, and the violator shall be given a receipt  which
    36  so  states. If a person charged with a traffic violation does not answer
    37  as hereinbefore prescribed, within a designated time, the  bureau  shall
    38  cause  a  complaint to be entered against him forthwith and a warrant to
    39  be issued for his arrest and appearance before the court. Any person who
    40  shall have been, within the preceding twelve months, guilty of a  number
    41  of  parking violations in excess of such maximum number as may be desig-
    42  nated by the court, or of three or more violations  other  than  parking
    43  violations,  shall not be permitted to appear and answer to a subsequent
    44  violation at the traffic violations bureau, but must appear in court  at
    45  a time specified by the bureau. Such traffic violations bureau shall not
    46  be  authorized to deprive a person of his right to counsel or to prevent
    47  him from exercising his right to appear in court to answer to,  explain,
    48  or  defend any charge of a violation of any traffic law, ordinance, rule
    49  or regulation.
    50    § 6. This act shall take effect on the thirtieth day  after  it  shall
    51  have  become  a  law  and shall expire 5 years after such effective date
    52  when upon such date the provisions of this act shall be deemed repealed;
    53  and provided further that any rules necessary for the implementation  of
    54  this  act  on  its effective date shall be promulgated on or before such
    55  effective date, provided that:

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

        S. 5300--B                         23
 
     1    (j) the amendments to subdivision 1 of section 1809 of the vehicle and
     2  traffic  law  made  by  section three-d of this act shall not affect the
     3  expiration of such subdivision and shall be deemed to expire  therewith,
     4  when  upon such date the provisions of section three-e of this act shall
     5  take effect;
     6    (j-1)  the  amendments to subdivision 1 of section 1809 of the vehicle
     7  and traffic law made by section three-e of this act shall not affect the
     8  expiration of such subdivision and shall be deemed to expire  therewith,
     9  when  upon such date the provisions of section three-f of this act shall
    10  take effect;
    11    (j-2) the amendments to subdivision 1 of section 1809 of  the  vehicle
    12  and traffic law made by section three-f of this act shall not affect the
    13  expiration  of such subdivision and shall be deemed to expire therewith,
    14  when upon such date the provisions of section three-g of this act  shall
    15  take effect;
    16    (k)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    17  of the vehicle and traffic law made by section four of  this  act  shall
    18  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    19  expire therewith, when upon such date the provisions of  section  four-a
    20  of this act shall take effect;
    21    (l)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    22  of the vehicle and traffic law made by section four-a of this act  shall
    23  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    24  expire therewith, when upon such date the provisions of  section  four-b
    25  of this act shall take effect;
    26    (m)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    27  of the vehicle and traffic law made by section four-b of this act  shall
    28  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    29  expire therewith, when upon such date the provisions of  section  four-c
    30  of this act shall take effect;
    31    (n)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    32  of the vehicle and traffic law made by section four-c of this act  shall
    33  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    34  expire therewith, when upon such date the provisions of  section  four-d
    35  of this act shall take effect;
    36    (o)  the  amendments to paragraph a of subdivision 1 of section 1809-e
    37  of the vehicle and traffic law made by section four-d of this act  shall
    38  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    39  expire therewith, when upon such date the provisions of  section  four-e
    40  of this act shall take effect;
    41    (o-1) the amendments to paragraph a of subdivision 1 of section 1809-e
    42  of  the vehicle and traffic law made by section four-e of this act shall
    43  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    44  expire  therewith,  when upon such date the provisions of section four-f
    45  of this act shall take effect;
    46    (p) the amendments to subdivision 1 of  section  371  of  the  general
    47  municipal  law  made  by  section  five of this act shall not affect the
    48  expiration of such subdivision and shall be deemed to expire  therewith,
    49  when  upon  such date the provisions of section five-a of this act shall
    50  take effect;
    51    (q) the amendments to section 371 of the general municipal law made by
    52  section five-a of this act shall  not  affect  the  expiration  of  such
    53  section and shall be deemed to expire therewith, when upon such date the
    54  provisions of section five-b of this act shall take effect; and
    55    (r) the amendments to section 371 of the general municipal law made by
    56  section  five-b  of  this  act  shall  not affect the expiration of such

        S. 5300--B                         24
 
     1  section and shall be deemed to expire therewith, when upon such date the
     2  provisions of section five-c of this act shall take effect;
     3    (s) the amendments to section 371 of the general municipal law made by
     4  section  five-c  of  this  act  shall  not affect the expiration of such
     5  section and shall be deemed to expire therewith, when upon such date the
     6  provisions of section five-d of this act shall take effect.
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