A04327 Summary:
BILL NO | A04327A |
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SAME AS | SAME AS S04459-A |
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SPONSOR | Glick (MS) |
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COSPNSR | Millman, Cook, Gottfried, Weprin, Titone, Rosenthal, Ortiz, Brook-Krasny, Hevesi, Markey, Moya, Clark, Quart, Gjonaj, Kellner, Skoufis, Gabryszak, Miller, Aubry, Hennessey, McDonald, Crespo |
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MLTSPNSR | Arroyo, Benedetto, Boyland, Brennan, Camara, Colton, Cymbrowitz, DenDekker, Dinowitz, Kim, Lupardo, O'Donnell, Robinson, Schimel, Sepulveda, Stevenson, Thiele, Titus, Weinstein, Weisenberg |
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Amd V & T L, generally; amd S87, Pub Off L | |
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Authorizes the city of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the speed limit in school speed zones of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, microphotographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; provides for the expiration of this demonstration program five years after the effective date. |
A04327 Actions:
BILL NO | A04327A | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/04/2013 | referred to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2013 | amend (t) and recommit to transportation | |||||||||||||||||||||||||||||||||||||||||||||||||
06/10/2013 | print number 4327a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2013 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2013 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | rules report cal.622 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/20/2013 | ordered to third reading rules cal.622 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | home rule request | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | SUBSTITUTED FOR S4459A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | 3RD READING CAL.1641 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | HOME RULE REQUEST | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/21/2013 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
07/19/2013 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
07/31/2013 | signed chap.189 |
A04327 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
No
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
No
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
ER
Heastie
No
Malliotakis
Yes
Ra
Yes
Stec
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
ER
Markey
No
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
Yes
Stevenson
Yes
Blankenbush
Yes
Duprey
ER
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
No
Reilich
Yes
Sweeney
AB
Boyland
Yes
Espinal
Yes
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
No
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
ER
Robinson
Yes
Thiele
Yes
Brindisi
No
Finch
Yes
Jordan
Yes
Millman
Yes
Rodriguez
Yes
Titone
Yes
Bronson
No
Fitzpatrick
No
Katz
No
Montesano
Yes
Rosa
Yes
Titus
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
ER
Walter
Yes
Buchwald
Yes
Gabryszak
No
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
No
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
No
Cahill
Yes
Gantt
Yes
Kim
No
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
No
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
No
Lalor
No
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Colton
ER
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
No
Corwin
Yes
Goldfeder
Yes
Lopez
No
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
A04327 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4327--A 2013-2014 Regular Sessions IN ASSEMBLY February 4, 2013 ___________ Introduced by M. of A. GLICK, MILLMAN, COOK, GOTTFRIED, WEPRIN, TITONE, ROSENTHAL, ORTIZ, BROOK-KRASNY, HEVESI, MARKEY, MAISEL, MOYA, CLARK, QUART, GJONAJ, KELLNER, SKOUFIS, GABRYSZAK, MILLER, AUBRY, HENNESSEY -- Multi-Sponsored by -- M. of A. ARROYO, BENEDETTO, BOYLAND, BRENNAN, CAMARA, COLTON, CRESPO, CYMBROWITZ, DenDEKKER, DINOWITZ, GIBSON, KIM, LUPARDO, O'DONNELL, ROBINSON, SCHIMEL, SEPULVEDA, STEVENSON, THIELE, TITUS, WEISENBERG -- read once and referred to the Committee on Trans- portation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law and the public officers law, in relation to establishing in a city with a population of one million or more a demonstration program implementing speed violation monitor- ing systems in school speed zones by means of photo devices; 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. Subdivision 1 of section 235 of the vehicle and traffic 2 law, as amended by section 1 of part II of chapter 59 of the laws of 3 2010, is amended to read as follows: 4 1. Notwithstanding any inconsistent provision of any general, special 5 or local law or administrative code to the contrary, in any city which 6 heretofore or hereafter is authorized to establish an administrative 7 tribunal to hear and determine complaints of traffic infractions consti- 8 tuting parking, standing or stopping violations, or to adjudicate the 9 liability of owners for violations of subdivision (d) of section eleven 10 hundred eleven of this chapter in accordance with section eleven hundred 11 eleven-a of this chapter, or to adjudicate the liability of owners for 12 violations of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with sections eleven hundred eleven-b of this 14 chapter as added by sections sixteen of chapters twenty, twenty-one, and 15 twenty-two of the laws of two thousand nine, or to adjudicate the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04605-05-3A. 4327--A 2 1 liability of owners for violations of toll collection regulations as 2 defined in and in accordance with the provisions of section two thousand 3 nine hundred eighty-five of the public authorities law and sections 4 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four 5 of the laws of nineteen hundred fifty, or to adjudicate liability of 6 owners in accordance with section eleven hundred eleven-c of this chap- 7 ter for violations of bus lane restrictions as defined in subdivision 8 (b), (c), (d), (f) or (g) of such section, or to adjudicate the liabil- 9 ity of owners for violations of section eleven hundred eighty of this 10 chapter in accordance with section eleven hundred eighty-b of this chap- 11 ter, such tribunal and the rules and regulations pertaining thereto 12 shall be constituted in substantial conformance with the following 13 sections. 14 § 1-a. Section 235 of the vehicle and traffic law, as amended by 15 section 1-a of part II of chapter 59 of the laws of 2010, is amended to 16 read as follows: 17 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 18 general, special or local law or administrative code to the contrary, in 19 any city which heretofore or hereafter is authorized to establish an 20 administrative tribunal to hear and determine complaints of traffic 21 infractions constituting parking, standing or stopping violations, or to 22 adjudicate the liability of owners for violations of subdivision (d) of 23 section eleven hundred eleven of this chapter in accordance with section 24 eleven hundred eleven-a of this chapter, or to adjudicate the liability 25 of owners for violations of subdivision (d) of section eleven hundred 26 eleven of this chapter in accordance with sections eleven hundred 27 eleven-b of this chapter as added by sections sixteen of chapters twen- 28 ty, twenty-one, and twenty-two of the laws of two thousand nine, or to 29 adjudicate the liability of owners for violations of toll collection 30 regulations as defined in and in accordance with the provisions of 31 section two thousand nine hundred eighty-five of the public authorities 32 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 33 hundred seventy-four of the laws of nineteen hundred fifty, or to adju- 34 dicate liability of owners in accordance with section eleven hundred 35 eleven-c of this chapter for violations of bus lane restrictions as 36 defined in such section, or to adjudicate the liability of owners for 37 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 38 hundred eighty of this chapter in accordance with section eleven hundred 39 eighty-b of this chapter, such tribunal and the rules and regulations 40 pertaining thereto shall be constituted in substantial conformance with 41 the following sections. 42 § 1-b. Section 235 of the vehicle and traffic law, as amended by 43 section 1-b of part II of chapter 59 of the laws of 2010, is amended to 44 read as follows: 45 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 46 general, special or local law or administrative code to the contrary, in 47 any city which heretofore or hereafter is authorized to establish an 48 administrative tribunal to hear and determine complaints of traffic 49 infractions constituting parking, standing or stopping violations, or to 50 adjudicate the liability of owners for violations of subdivision (d) of 51 section eleven hundred eleven of this chapter in accordance with 52 sections eleven hundred eleven-b of this chapter as added by sections 53 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 54 two thousand nine, or to adjudicate the liability of owners for 55 violations of toll collection regulations as defined in and in accord- 56 ance with the provisions of section two thousand nine hundred eighty-A. 4327--A 3 1 five of the public authorities law and sections sixteen-a, sixteen-b and 2 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 3 hundred fifty, or to adjudicate liability of owners in accordance with 4 section eleven hundred eleven-c of this chapter for violations of bus 5 lane restrictions as defined in such section, or to adjudicate the 6 liability of owners for violations of subdivision (b), (c), (d), (f) or 7 (g) of section eleven hundred eighty of this chapter in accordance with 8 section eleven hundred eighty-b of this chapter, such tribunal and the 9 rules and regulations pertaining thereto shall be constituted in 10 substantial conformance with the following sections. 11 § 1-c. Section 235 of the vehicle and traffic law, as amended by 12 section 1-c of part II of chapter 59 of the laws of 2010, is amended to 13 read as follows: 14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 15 general, special or local law or administrative code to the contrary, in 16 any city which heretofore or hereafter is authorized to establish an 17 administrative tribunal to hear and determine complaints of traffic 18 infractions constituting parking, standing or stopping violations, or to 19 adjudicate the liability of owners for violations of toll collection 20 regulations as defined in and in accordance with the provisions of 21 section two thousand nine hundred eighty-five of the public authorities 22 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 23 hundred seventy-four of the laws of nineteen hundred fifty, or to adju- 24 dicate liability of owners in accordance with section eleven hundred 25 eleven-c of this chapter for violations of bus lane restrictions as 26 defined in such section, or to adjudicate the liability of owners for 27 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 28 hundred eighty of this chapter in accordance with section eleven hundred 29 eighty-b of this chapter, such tribunal and the rules and regulations 30 pertaining thereto shall be constituted in substantial conformance with 31 the following sections. 32 § 1-d. Section 235 of the vehicle and traffic law, as separately 33 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws 34 of 1992, is amended to read as follows: 35 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any 36 general, special or local law or administrative code to the contrary, in 37 any city which heretofore or hereafter is authorized to establish an 38 administrative tribunal to hear and determine complaints of traffic 39 infractions constituting parking, standing or stopping violations, or to 40 adjudicate the liability of owners for violations of toll collection 41 regulations as defined in and in accordance with the provisions of 42 section two thousand nine hundred eighty-five of the public authorities 43 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven 44 hundred seventy-four of the laws of nineteen hundred fifty, or to adju- 45 dicate liability of owners for violations of subdivisions (c) and (d) of 46 section eleven hundred eighty of this chapter in accordance with section 47 eleven hundred eighty-b of this chapter, such tribunal and the rules and 48 regulations pertaining thereto shall be constituted in substantial 49 conformance with the following sections. 50 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as 51 amended by section 2 of part II of chapter 59 of the laws of 2010, is 52 amended to read as follows: 53 1. Creation. In any city as hereinbefore or hereafter authorized such 54 tribunal when created shall be known as the parking violations bureau 55 and shall have jurisdiction of traffic infractions which constitute a 56 parking violation and, where authorized by local law adopted pursuant toA. 4327--A 4 1 subdivision (a) of section eleven hundred eleven-a of this chapter or 2 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 3 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 4 of the laws of two thousand nine, shall adjudicate the liability of 5 owners for violations of subdivision (d) of section eleven hundred elev- 6 en of this chapter in accordance with such section eleven hundred 7 eleven-a or such sections eleven hundred eleven-b as added by sections 8 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 9 two thousand nine and shall adjudicate the liability of owners for 10 violations of toll collection regulations as defined in and in accord- 11 ance with the provisions of section two thousand nine hundred eighty- 12 five of the public authorities law and sections sixteen-a, sixteen-b and 13 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 14 hundred fifty and shall adjudicate liability of owners in accordance 15 with section eleven hundred eleven-c of this chapter for violations of 16 bus lane restrictions as defined in such section and shall adjudicate 17 the liability of owners for violations of subdivision (b), (c), (d), (f) 18 or (g) of section eleven hundred eighty of this chapter in accordance 19 with section eleven hundred eighty-b of this chapter. Such tribunal, 20 except in a city with a population of one million or more, shall also 21 have jurisdiction of abandoned vehicle violations. For the purposes of 22 this article, a parking violation is the violation of any law, rule or 23 regulation providing for or regulating the parking, stopping or standing 24 of a vehicle. In addition for purposes of this article, "commissioner" 25 shall mean and include the commissioner of traffic of the city or an 26 official possessing authority as such a commissioner. 27 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as 28 amended by section 2-a of part II of chapter 59 of the laws of 2010, is 29 amended to read as follows: 30 1. Creation. In any city as hereinbefore or hereafter authorized such 31 tribunal when created shall be known as the parking violations bureau 32 and shall have jurisdiction of traffic infractions which constitute a 33 parking violation and, where authorized by local law adopted pursuant to 34 subdivisions (a) of sections eleven hundred eleven-b of this chapter as 35 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 36 of the laws of two thousand nine, shall adjudicate the liability of 37 owners for violations of subdivision (d) of section eleven hundred elev- 38 en of this chapter in accordance with such sections eleven hundred 39 eleven-b as added by sections sixteen of chapters twenty, twenty-one, 40 and twenty-two of the laws of two thousand nine; and shall adjudicate 41 liability of owners in accordance with section eleven hundred eleven-c 42 of this chapter for violations of bus lane restrictions as defined in 43 such section and shall adjudicate liability of owners for violations of 44 subdivisions (c) and (d) of section eleven hundred eighty of this chap- 45 ter in accordance with section eleven hundred eighty-b of this chapter. 46 For the purposes of this article, a parking violation is the violation 47 of any law, rule or regulation providing for or regulating the parking, 48 stopping or standing of a vehicle. In addition for purposes of this 49 article, "commissioner" shall mean and include the commissioner of traf- 50 fic of the city or an official possessing authority as such a commis- 51 sioner. 52 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as 53 amended by section 2-b of part II of chapter 59 of the laws of 2010, is 54 amended to read as follows: 55 1. Creation. In any city as hereinbefore or hereafter authorized such 56 tribunal when created shall be known as the parking violations bureauA. 4327--A 5 1 and shall have jurisdiction of traffic infractions which constitute a 2 parking violation and shall adjudicate liability of owners in accordance 3 with section eleven hundred eleven-c of this chapter for violations of 4 bus lane restrictions as defined in such section; and shall adjudicate 5 the liability of owners for violations of subdivision (b), (c), (d), (f) 6 or (g) of section eleven hundred eighty of this chapter in accordance 7 with section eleven hundred eighty-b of this chapter. For the purposes 8 of this article, a parking violation is the violation of any law, rule 9 or regulation providing for or regulating the parking, stopping or 10 standing of a vehicle. In addition for purposes of this article, 11 "commissioner" shall mean and include the commissioner of traffic of the 12 city or an official possessing authority as such a commissioner. 13 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as 14 added by chapter 715 of the laws of 1972, is amended to read as follows: 15 1. Creation. In any city as hereinbefore or hereafter authorized such 16 tribunal when created shall be known as the parking violations bureau 17 and shall have jurisdiction of traffic infractions which constitute a 18 parking violation and shall adjudicate the liability of owners for 19 violations of subdivision (b), (c), (d), (f) or (g) of section eleven 20 hundred eighty of this chapter in accordance with section eleven hundred 21 eighty-b of this chapter. For the purposes of this article, a parking 22 violation is the violation of any law, rule or regulation providing for 23 or regulating the parking, stopping or standing of a vehicle. In addi- 24 tion for purposes of this article, "commissioner" shall mean and include 25 the commissioner of traffic of the city or an official possessing 26 authority as such a commissioner. 27 § 3. Subdivision 12 of section 237 of the vehicle and traffic law, as 28 added by section 3 of part II of chapter 59 of the laws of 2010, is 29 amended and a new subdivision 13 is added to read as follows: 30 12. To adjudicate liability of owners in accordance with section elev- 31 en hundred eleven-c of this chapter for violations of bus lane 32 restrictions as defined in such section[.]; 33 13. To adjudicate the liability of owners for violations of subdivi- 34 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 35 chapter in accordance with section eleven hundred eighty-b of this chap- 36 ter. 37 § 3-a. Subdivision 11 of section 237 of the vehicle and traffic law, 38 as added by chapter 379 of the laws of 1992, is amended and a new subdi- 39 vision 12 is added to read as follows: 40 11. To adjudicate the liability of owners for violations of toll 41 collection regulations as defined in and in accordance with the 42 provisions of section two thousand nine hundred eighty-five of the 43 public authorities law and sections sixteen-a, sixteen-b and sixteen-c 44 of chapter seven hundred seventy-four of the laws of nineteen hundred 45 fifty[.]; 46 12. To adjudicate the liability of owners for violations of subdivi- 47 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this 48 chapter in accordance with section eleven hundred eighty-b of this chap- 49 ter. 50 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and 51 traffic law, as amended by section 4 of part II of chapter 59 of the 52 laws of 2010, is amended to read as follows: 53 f. "Notice of violation" means a notice of violation as defined in 54 subdivision nine of section two hundred thirty-seven of this article, 55 but shall not be deemed to include a notice of liability issued pursuant 56 to authorization set forth in section eleven hundred eleven-a of thisA. 4327--A 6 1 chapter or sections eleven hundred eleven-b of this chapter as added by 2 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 3 laws of two thousand nine, and shall not be deemed to include a notice 4 of liability issued pursuant to section two thousand nine hundred eight- 5 y-five of the public authorities law and sections sixteen-a, sixteen-b 6 and sixteen-c of chapter seven hundred seventy-four of the laws of nine- 7 teen hundred fifty and shall not be deemed to include a notice of 8 liability issued pursuant to section eleven hundred eleven-c of this 9 chapter and shall not be deemed to include a notice of liability issued 10 pursuant to section eleven hundred eighty-b of this chapter. 11 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and 12 traffic law, as amended by section 4-a of part II of chapter 59 of the 13 laws of 2010, is amended to read as follows: 14 f. "Notice of violation" means a notice of violation as defined in 15 subdivision nine of section two hundred thirty-seven of this article but 16 shall not be deemed to include a notice of liability issued pursuant to 17 authorization set forth in sections eleven hundred eleven-b of this 18 chapter as added by sections sixteen of chapters twenty, twenty-one, and 19 twenty-two of the laws of two thousand nine and shall not be deemed to 20 include a notice of liability issued pursuant to section eleven hundred 21 eleven-c of this chapter and shall not be deemed to include a notice of 22 liability issued pursuant to section eleven hundred eighty-b of this 23 chapter. 24 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and 25 traffic law, as amended by section 4-b of part II of chapter 59 of the 26 laws of 2010, is amended to read as follows: 27 f. "Notice of violation" means a notice of violation as defined in 28 subdivision nine of section two hundred thirty-seven of this article and 29 shall not be deemed to include a notice of liability issued pursuant to 30 section eleven hundred eleven-c of this chapter and shall not be deemed 31 to include a notice of liability issued pursuant to section eleven 32 hundred eighty-b of this chapter. 33 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and 34 traffic law, as added by chapter 180 of the laws of 1980, is amended to 35 read as follows: 36 f. "Notice of violation" means a notice of violation as defined in 37 subdivision nine of section two hundred thirty-seven of this article and 38 shall not be deemed to include a notice of liability issued pursuant to 39 section eleven hundred eighty-b of this chapter. 40 § 5. Subdivision 4 of section 239 of the vehicle and traffic law, as 41 amended by chapter 379 of the laws of 1992, is amended to read as 42 follows: 43 4. Applicability. The provisions of paragraph b of subdivision two and 44 subdivision three of this section shall not be applicable to determi- 45 nations of owner liability for the failure of an operator to comply with 46 subdivision (d) of section eleven hundred eleven of this chapter and 47 shall not be applicable to determinations of owner liability imposed 48 pursuant to section two thousand nine hundred eighty-five of the public 49 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap- 50 ter seven hundred seventy-four of the laws of nineteen hundred fifty and 51 shall not be applicable to determinations of owner liability for the 52 failure of an operator to comply with subdivision (b), (c), (d), (f) or 53 (g) of section eleven hundred eighty of this chapter. 54 § 5-a. Section 239 of the vehicle and traffic law is amended by adding 55 a new subdivision 4 to read as follows:A. 4327--A 7 1 4. Applicability. The provisions of paragraph b of subdivision two and 2 subdivision three of this section shall not be applicable to determi- 3 nations of owner liability for the failure of an operator to comply with 4 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 5 of this chapter. 6 § 6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic 7 law, as amended by section 5 of part II of chapter 59 of the laws of 8 2010, are amended to read as follows: 9 1. Notice of hearing. Whenever a person charged with a parking 10 violation enters a plea of not guilty or a person alleged to be liable 11 in accordance with section eleven hundred eleven-a of this chapter or 12 sections eleven hundred eleven-b of this chapter as added by sections 13 sixteen of chapters twenty, twenty-one, and [twenty two] twenty-two of 14 the laws of two thousand nine, for a violation of subdivision (d) of 15 section eleven hundred eleven of this chapter contests such allegation, 16 or a person alleged to be liable in accordance with the provisions of 17 section two thousand nine hundred eighty-five of the public authorities 18 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 19 hundred seventy-four of the laws of nineteen hundred fifty, or a person 20 alleged to be liable in accordance with the provisions of section eleven 21 hundred eleven-c of this chapter for a violation of a bus lane 22 restriction as defined in such section contests such allegation, or a 23 person alleged to be liable in accordance with the provisions of section 24 eleven hundred eighty-b of this chapter for a violation of subdivision 25 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 26 ter contests such allegation, the bureau shall advise such person 27 personally by such form of first class mail as the director may direct 28 of the date on which he or she must appear to answer the charge at a 29 hearing. The form and content of such notice of hearing shall be 30 prescribed by the director, and shall contain a warning to advise the 31 person so pleading or contesting that failure to appear on the date 32 designated, or on any subsequent adjourned date, shall be deemed an 33 admission of liability, and that a default judgment may be entered ther- 34 eon. 35 1-a. Fines and penalties. Whenever a plea of not guilty has been 36 entered, or the bureau has been notified that an allegation of liability 37 in accordance with section eleven hundred eleven-a of this chapter or 38 sections eleven hundred eleven-b of this chapter as added by sections 39 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of 40 two thousand nine or an allegation of liability in accordance with 41 section two thousand nine hundred eighty-five of the public authorities 42 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 43 hundred seventy-four of the laws of nineteen hundred fifty or an allega- 44 tion of liability in accordance with section eleven hundred eleven-c of 45 this chapter or an allegation of liability in accordance with section 46 eleven hundred eighty-b of this chapter, is being contested, by a person 47 in a timely fashion and a hearing upon the merits has been demanded, but 48 has not yet been held, the bureau shall not issue any notice of fine or 49 penalty to that person prior to the date of the hearing. 50 § 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 51 fic law, as amended by section 5-a of part II of chapter 59 of the laws 52 of 2010, are amended to read as follows: 53 1. Notice of hearing. Whenever a person charged with a parking 54 violation enters a plea of not guilty or a person alleged to be liable 55 in accordance with sections eleven hundred eleven-b of this chapter as 56 added by sections sixteen of chapters twenty, twenty-one, and twenty-twoA. 4327--A 8 1 of the laws of two thousand nine for a violation of subdivision (d) of 2 section eleven hundred eleven of this chapter, or a person alleged to be 3 liable in accordance with the provisions of section eleven hundred 4 eleven-c of this chapter for a violation of a bus lane restriction as 5 defined in such section contests such allegation, or a person alleged to 6 be liable in accordance with the provisions of section eleven hundred 7 eighty-b of this chapter for violations of subdivision (b), (c), (d), 8 (f) or (g) of section eleven hundred eighty of this chapter contests 9 such allegation, the bureau shall advise such person personally by such 10 form of first class mail as the director may direct of the date on which 11 he or she must appear to answer the charge at a hearing. The form and 12 content of such notice of hearing shall be prescribed by the director, 13 and shall contain a warning to advise the person so pleading or contest- 14 ing that failure to appear on the date designated, or on any subsequent 15 adjourned date, shall be deemed an admission of liability, and that a 16 default judgment may be entered thereon. 17 1-a. Fines and penalties. Whenever a plea of not guilty has been 18 entered, or the bureau has been notified that an allegation of liability 19 in accordance with sections eleven hundred eleven-b of this chapter, as 20 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 21 of the laws of two thousand nine, or an allegation of liability in 22 accordance with section eleven hundred eleven-c of this chapter or an 23 allegation of liability in accordance with section eleven hundred eight- 24 y-b of this chapter is being contested, by a person in a timely fashion 25 and a hearing upon the merits has been demanded, but has not yet been 26 held, the bureau shall not issue any notice of fine or penalty to that 27 person prior to the date of the hearing. 28 § 6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 29 fic law, as amended by section 5-b of part II of chapter 59 of the laws 30 of 2010, are amended to read as follows: 31 1. Notice of hearing. Whenever a person charged with a parking 32 violation enters a plea of not guilty or a person alleged to be liable 33 in accordance with the provisions of section eleven hundred eleven-c of 34 this chapter for a violation of a bus lane restriction as defined in 35 such section, contests such allegation, or a person alleged to be liable 36 in accordance with the provisions of section eleven hundred eighty-b of 37 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 38 section eleven hundred eighty of this chapter contests such allegation, 39 the bureau shall advise such person personally by such form of first 40 class mail as the director may direct of the date on which he or she 41 must appear to answer the charge at a hearing. The form and content of 42 such notice of hearing shall be prescribed by the director, and shall 43 contain a warning to advise the person so pleading that failure to 44 appear on the date designated, or on any subsequent adjourned date, 45 shall be deemed an admission of liability, and that a default judgment 46 may be entered thereon. 47 1-a. Fines and penalties. Whenever a plea of not guilty has been 48 entered, or the bureau has been notified that an allegation of liability 49 in accordance with section eleven hundred eleven-c of this chapter or an 50 allegation of liability in accordance with section eleven hundred eight- 51 y-b of this chapter is being contested, by a person in a timely fashion 52 and a hearing upon the merits has been demanded, but has not yet been 53 held, the bureau shall not issue any notice of fine or penalty to that 54 person prior to the date of the hearing. 55 § 6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf- 56 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 andA. 4327--A 9 1 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended 2 to read as follows: 3 1. Notice of hearing. Whenever a person charged with a parking 4 violation enters a plea of not guilty, or a person alleged to be liable 5 in accordance with the provisions of section eleven hundred eighty-b of 6 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of 7 section eleven hundred eighty of this chapter contests such allegation, 8 the bureau shall advise such person personally by such form of first 9 class mail as the director may direct of the date on which he or she 10 must appear to answer the charge at a hearing. The form and content of 11 such notice of hearing shall be prescribed by the director, and shall 12 contain a warning to advise the person so pleading that failure to 13 appear on the date designated, or on any subsequent adjourned date, 14 shall be deemed an admission of liability, and that a default judgment 15 may be entered thereon. 16 1-a. Fines and penalties. Whenever a plea of not guilty has been 17 entered, or the bureau has been notified that an allegation of liability 18 in accordance with section eleven hundred eighty-b of this chapter, is 19 being contested, by a person in a timely fashion and a hearing upon the 20 merits has been demanded, but has not yet been held, the bureau shall 21 not issue any notice of fine or penalty to that person prior to the date 22 of the hearing. 23 § 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle 24 and traffic law, as amended by section 6 of part II of chapter 59 of the 25 laws of 2010, are amended to read as follows: 26 a. Every hearing for the adjudication of a charge of parking violation 27 or an allegation of liability in accordance with section eleven hundred 28 eleven-a of this chapter or in accordance with sections eleven hundred 29 eleven-b of this chapter as added by sections sixteen of chapters twen- 30 ty, twenty-one, and twenty-two of the laws of two thousand nine or an 31 allegation of liability in accordance with section two thousand nine 32 hundred eighty-five of the public authorities law or sections sixteen-a, 33 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 34 laws of nineteen hundred fifty or an allegation of liability in accord- 35 ance with section eleven hundred eleven-c of this chapter or an allega- 36 tion of liability in accordance with section eleven hundred eighty-b of 37 this chapter, shall be held before a hearing examiner in accordance with 38 rules and regulations promulgated by the bureau. 39 g. A record shall be made of a hearing on a plea of not guilty or of a 40 hearing at which liability in accordance with section eleven hundred 41 eleven-a of this chapter or in accordance with sections eleven hundred 42 eleven-b of this chapter as added by sections sixteen of chapters twen- 43 ty, twenty-one, and twenty-two of the laws of two thousand nine is 44 contested or of a hearing at which liability in accordance with section 45 two thousand nine hundred eighty-five of the public authorities law or 46 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 47 seventy-four of the laws of nineteen hundred fifty is contested or of a 48 hearing at which liability in accordance with section eleven hundred 49 eleven-c of this chapter or a hearing at which liability in accordance 50 with section eleven hundred eighty-b of this chapter is contested. 51 Recording devices may be used for the making of the record. 52 § 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 53 cle and traffic law, as amended by section 6-a of part II of chapter 59 54 of the laws of 2010, are amended to read as follows: 55 a. Every hearing for the adjudication of a charge of parking violation 56 or an allegation of liability in accordance with sections eleven hundredA. 4327--A 10 1 eleven-b of this chapter, as added by sections sixteen of chapters twen- 2 ty, twenty-one, and twenty-two of the laws of two thousand nine or an 3 allegation of liability in accordance with section eleven hundred 4 eleven-c of this chapter or an allegation of liability in accordance 5 with section eleven hundred eighty-b of this chapter, shall be held 6 before a hearing examiner in accordance with rules and regulations 7 promulgated by the bureau. 8 g. A record shall be made of a hearing on a plea of not guilty or of a 9 hearing at which liability in accordance with sections eleven hundred 10 eleven-b of this chapter, as added by sections sixteen of chapters twen- 11 ty, twenty-one, and twenty-two of the laws of two thousand nine or of a 12 hearing at which liability in accordance with section eleven hundred 13 eleven-c of this chapter or a hearing at which liability in accordance 14 with section eleven hundred eighty-b of this chapter is contested. 15 Recording devices may be used for the making of the record. 16 § 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 17 cle and traffic law, as amended by section 6-b of part II of chapter 59 18 of the laws of 2010, are amended to read as follows: 19 a. Every hearing for the adjudication of a charge of parking violation 20 or an allegation of liability in accordance with section eleven hundred 21 eleven-c of this chapter or an allegation of liability in accordance 22 with section eleven hundred eighty-b of this chapter shall be held 23 before a hearing examiner in accordance with rules and regulations 24 promulgated by the bureau. 25 g. A record shall be made of a hearing on a plea of not guilty or of a 26 hearing at which liability in accordance with section eleven hundred 27 eleven-c of this chapter or a hearing at which liability in accordance 28 with section eleven hundred eighty-b of this chapter is contested. 29 Recording devices may be used for the making of the record. 30 § 7-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi- 31 cle and traffic law, as added by chapter 715 of the laws of 1972, are 32 amended to read as follows: 33 a. Every hearing for the adjudication of a charge of parking violation 34 or an allegation of liability in accordance with section eleven hundred 35 eighty-b of this chapter shall be held before a hearing examiner in 36 accordance with rules and regulations promulgated by the bureau. 37 g. A record shall be made of a hearing on a plea of not guilty or a 38 hearing at which liability in accordance with section eleven hundred 39 eighty-b of this chapter is contested. Recording devices may be used 40 for the making of the record. 41 § 8. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 42 law, as amended by section 7 of part II of chapter 59 of the laws of 43 2010, are amended to read as follows: 44 1. The hearing examiner shall make a determination on the charges, 45 either sustaining or dismissing them. Where the hearing examiner deter- 46 mines that the charges have been sustained he or she may examine either 47 the prior parking violations record or the record of liabilities 48 incurred in accordance with section eleven hundred eleven-a of this 49 chapter or in accordance with sections eleven hundred eleven-b of this 50 chapter as added by sections sixteen of chapters twenty, twenty-one, and 51 twenty-two of the laws of two thousand nine or the record of liabilities 52 incurred in accordance with section two thousand nine hundred eighty- 53 five of the public authorities law or sections sixteen-a, sixteen-b and 54 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 55 hundred fifty of the person charged, or the record of liabilities 56 incurred in accordance with section eleven hundred eleven-c of thisA. 4327--A 11 1 chapter, or the record of liabilities incurred in accordance with 2 section eleven hundred eighty-b of this chapter, as applicable prior to 3 rendering a final determination. Final determinations sustaining or 4 dismissing charges shall be entered on a final determination roll main- 5 tained by the bureau together with records showing payment and nonpay- 6 ment of penalties. 7 2. Where an operator or owner fails to enter a plea to a charge of a 8 parking violation or contest an allegation of liability in accordance 9 with section eleven hundred eleven-a of this chapter or in accordance 10 with sections eleven hundred eleven-b of this chapter as added by 11 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 12 laws of two thousand nine or fails to contest an allegation of liability 13 in accordance with section two thousand nine hundred eighty-five of the 14 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of 15 chapter seven hundred seventy-four of the laws of nineteen hundred 16 fifty, or fails to contest an allegation of liability in accordance with 17 section eleven hundred eleven-c of this chapter or fails to contest an 18 allegation of liability in accordance with section eleven hundred eight- 19 y-b of this chapter or fails to appear on a designated hearing date or 20 subsequent adjourned date or fails after a hearing to comply with the 21 determination of a hearing examiner, as prescribed by this article or by 22 rule or regulation of the bureau, such failure to plead or contest, 23 appear or comply shall be deemed, for all purposes, an admission of 24 liability and shall be grounds for rendering and entering a default 25 judgment in an amount provided by the rules and regulations of the 26 bureau. However, after the expiration of the original date prescribed 27 for entering a plea and before a default judgment may be rendered, in 28 such case the bureau shall pursuant to the applicable provisions of law 29 notify such operator or owner, by such form of first class mail as the 30 commission may direct; (1) of the violation charged, or liability in 31 accordance with section eleven hundred eleven-a of this chapter or in 32 accordance with sections eleven hundred eleven-b of this chapter as 33 added by sections sixteen of chapters twenty, twenty-one, and twenty-two 34 of the laws of two thousand nine alleged or liability in accordance with 35 section two thousand nine hundred eighty-five of the public authorities 36 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 37 hundred seventy-four of the laws of nineteen hundred fifty alleged or 38 liability in accordance with section eleven hundred eleven-c of this 39 chapter or liability in accordance with section eleven hundred eighty-b 40 of this chapter alleged, (2) of the impending default judgment, (3) that 41 such judgment will be entered in the Civil Court of the city in which 42 the bureau has been established, or other court of civil jurisdiction or 43 any other place provided for the entry of civil judgments within the 44 state of New York, and (4) that a default may be avoided by entering a 45 plea or contesting an allegation of liability in accordance with section 46 eleven hundred eleven-a of this chapter or in accordance with sections 47 eleven hundred eleven-b of this chapter as added by sections sixteen of 48 chapters twenty, twenty-one, and twenty-two of the laws of two thousand 49 nine or contesting an allegation of liability in accordance with section 50 two thousand nine hundred eighty-five of the public authorities law or 51 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 52 seventy-four of the laws of nineteen hundred fifty or contesting an 53 allegation of liability in accordance with section eleven hundred 54 eleven-c of this chapter or contesting an allegation of liability in 55 accordance with section eleven hundred eighty-b of this chapter, as 56 appropriate, or making an appearance within thirty days of the sendingA. 4327--A 12 1 of such notice. Pleas entered and allegations contested within that 2 period shall be in the manner prescribed in the notice and not subject 3 to additional penalty or fee. Such notice of impending default judgment 4 shall not be required prior to the rendering and entry thereof in the 5 case of operators or owners who are non-residents of the state of New 6 York. In no case shall a default judgment be rendered or, where 7 required, a notice of impending default judgment be sent, more than two 8 years after the expiration of the time prescribed for entering a plea or 9 contesting an allegation. When a person has demanded a hearing, no fine 10 or penalty shall be imposed for any reason, prior to the holding of the 11 hearing. If the hearing examiner shall make a determination on the 12 charges, sustaining them, he or she shall impose no greater penalty or 13 fine than those upon which the person was originally charged. 14 § 8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 15 law, as amended by section 7-a of part II of chapter 59 of the laws of 16 2010, are amended to read as follows: 17 1. The hearing examiner shall make a determination on the charges, 18 either sustaining or dismissing them. Where the hearing examiner deter- 19 mines that the charges have been sustained he or she may examine either 20 the prior parking violations record or the record of liabilities 21 incurred in accordance with sections eleven hundred eleven-b of this 22 chapter as added by sections sixteen of chapters twenty, twenty-one, and 23 twenty-two of the laws of two thousand nine of the person charged, or 24 the record of liabilities incurred in accordance with section eleven 25 hundred eleven-c of this chapter, or the record of liabilities incurred 26 in accordance with section eleven hundred eighty-b of this chapter, as 27 applicable prior to rendering a final determination. Final determi- 28 nations sustaining or dismissing charges shall be entered on a final 29 determination roll maintained by the bureau together with records show- 30 ing payment and nonpayment of penalties. 31 2. Where an operator or owner fails to enter a plea to a charge of a 32 parking violation or contest an allegation of liability in accordance 33 with sections eleven hundred eleven-b of this chapter as added by 34 sections sixteen of chapters twenty, twenty-one, and twenty-two of the 35 laws of two thousand nine or fails to contest an allegation of liability 36 in accordance with section eleven hundred eleven-c of this chapter, or 37 fails to contest an allegation of liability incurred in accordance with 38 section eleven hundred eighty-b of this chapter, or fails to appear on a 39 designated hearing date or subsequent adjourned date or fails after a 40 hearing to comply with the determination of a hearing examiner, as 41 prescribed by this article or by rule or regulation of the bureau, such 42 failure to plead, contest, appear or comply shall be deemed, for all 43 purposes, an admission of liability and shall be grounds for rendering 44 and entering a default judgment in an amount provided by the rules and 45 regulations of the bureau. However, after the expiration of the original 46 date prescribed for entering a plea and before a default judgment may be 47 rendered, in such case the bureau shall pursuant to the applicable 48 provisions of law notify such operator or owner, by such form of first 49 class mail as the commission may direct; (1) of the violation charged, 50 or liability in accordance with sections eleven hundred eleven-b of this 51 chapter, as added by sections sixteen of chapters twenty, twenty-one, 52 and twenty-two of the laws of two thousand nine, or liability in accord- 53 ance with section eleven hundred eleven-c of this chapter or liability 54 in accordance with section eleven hundred eighty-b of this chapter 55 alleged, (2) of the impending default judgment, (3) that such judgment 56 will be entered in the Civil Court of the city in which the bureau hasA. 4327--A 13 1 been established, or other court of civil jurisdiction or any other 2 place provided for the entry of civil judgments within the state of New 3 York, and (4) that a default may be avoided by entering a plea or 4 contesting an allegation of liability in accordance with sections eleven 5 hundred eleven-b of this chapter as added by sections sixteen of chap- 6 ters twenty, twenty-one, and twenty-two of the laws of two thousand 7 nine, or contesting an allegation of liability in accordance with 8 section eleven hundred eleven-c of this chapter or contesting an allega- 9 tion of liability in accordance with section eleven hundred eighty-b of 10 this chapter as appropriate, or making an appearance within thirty days 11 of the sending of such notice. Pleas entered and allegations contested 12 within that period shall be in the manner prescribed in the notice and 13 not subject to additional penalty or fee. Such notice of impending 14 default judgment shall not be required prior to the rendering and entry 15 thereof in the case of operators or owners who are non-residents of the 16 state of New York. In no case shall a default judgment be rendered or, 17 where required, a notice of impending default judgment be sent, more 18 than two years after the expiration of the time prescribed for entering 19 a plea or contesting an allegation. When a person has demanded a hear- 20 ing, no fine or penalty shall be imposed for any reason, prior to the 21 holding of the hearing. If the hearing examiner shall make a determi- 22 nation on the charges, sustaining them, he or she shall impose no great- 23 er penalty or fine than those upon which the person was originally 24 charged. 25 § 8-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 26 law, as amended by section 7-b of part II of chapter 59 of the laws of 27 2010, are amended to read as follows: 28 1. The hearing examiner shall make a determination on the charges, 29 either sustaining or dismissing them. Where the hearing examiner deter- 30 mines that the charges have been sustained he or she may examine the 31 prior parking violations record of the person charged, or the record of 32 liabilities incurred in accordance with section eleven hundred eleven-c 33 of this chapter, or the record of liabilities incurred in accordance 34 with section eleven hundred eighty-b of this chapter, as applicable, 35 prior to rendering a final determination. Final determinations sustain- 36 ing or dismissing charges shall be entered on a final determination roll 37 maintained by the bureau together with records showing payment and 38 nonpayment of penalties. 39 2. Where an operator or owner fails to enter a plea to a charge of a 40 parking violation, or fails to contest an allegation of liability in 41 accordance with section eleven hundred eleven-c of this chapter, or 42 fails to contest an allegation of liability incurred in accordance with 43 section eleven hundred eighty-b of this chapter, or fails to appear on a 44 designated hearing date or subsequent adjourned date or fails after a 45 hearing to comply with the determination of a hearing examiner, as 46 prescribed by this article or by rule or regulation of the bureau, such 47 failure to plead, appear or comply shall be deemed, for all purposes, an 48 admission of liability and shall be grounds for rendering and entering a 49 default judgment in an amount provided by the rules and regulations of 50 the bureau. However, after the expiration of the original date 51 prescribed for entering a plea and before a default judgment may be 52 rendered, in such case the bureau shall pursuant to the applicable 53 provisions of law notify such operator or owner, by such form of first 54 class mail as the commission may direct; (1) of the violation charged or 55 alleged liability in accordance with section eleven hundred eleven-c of 56 this chapter or alleged liability in accordance with section elevenA. 4327--A 14 1 hundred eighty-b of this chapter, (2) of the impending default judgment, 2 (3) that such judgment will be entered in the Civil Court of the city in 3 which the bureau has been established, or other court of civil jurisdic- 4 tion or any other place provided for the entry of civil judgments within 5 the state of New York, and (4) that a default may be avoided by entering 6 a plea or contesting an allegation of liability in accordance with 7 section eleven hundred eleven-c of this chapter or contesting an allega- 8 tion of liability in accordance with section eleven hundred eighty-b of 9 this chapter or making an appearance within thirty days of the sending 10 of such notice. Pleas entered within that period shall be in the manner 11 prescribed in the notice and not subject to additional penalty or fee. 12 Such notice of impending default judgment shall not be required prior to 13 the rendering and entry thereof in the case of operators or owners who 14 are non-residents of the state of New York. In no case shall a default 15 judgment be rendered or, where required, a notice of impending default 16 judgment be sent, more than two years after the expiration of the time 17 prescribed for entering a plea. When a person has demanded a hearing, no 18 fine or penalty shall be imposed for any reason, prior to the holding of 19 the hearing. If the hearing examiner shall make a determination on the 20 charges, sustaining them, he or she shall impose no greater penalty or 21 fine than those upon which the person was originally charged. 22 § 8-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic 23 law, subdivision 1 as added by chapter 715 of the laws of 1972 and 24 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended 25 to read as follows: 26 1. The hearing examiner shall make a determination on the charges, 27 either sustaining or dismissing them. Where the hearing examiner deter- 28 mines that the charges have been sustained he may examine the prior 29 parking violations record of the person charged, or the record of 30 liabilities incurred in accordance with section eleven hundred eighty-b 31 of this chapter, as applicable, prior to rendering a final determi- 32 nation. Final determinations sustaining or dismissing charges shall be 33 entered on a final determination roll maintained by the bureau together 34 with records showing payment and nonpayment of penalties. 35 2. Where an operator or owner fails to enter a plea to a charge of a 36 parking violation or fails to contest an allegation of liability 37 incurred in accordance with section eleven hundred eighty-b of this 38 chapter or fails to appear on a designated hearing date or subsequent 39 adjourned date or fails after a hearing to comply with the determination 40 of a hearing examiner, as prescribed by this article or by rule or regu- 41 lation of the bureau, such failure to plead, appear or comply shall be 42 deemed, for all purposes, an admission of liability and shall be grounds 43 for rendering and entering a default judgment in an amount provided by 44 the rules and regulations of the bureau. However, after the expiration 45 of the original date prescribed for entering a plea and before a default 46 judgment may be rendered, in such case the bureau shall pursuant to the 47 applicable provisions of law notify such operator or owner, by such form 48 of first class mail as the commission may direct; (1) of the violation 49 charged or liability in accordance with section eleven hundred eighty-b 50 of this chapter alleged, (2) of the impending default judgment, (3) that 51 such judgment will be entered in the Civil Court of the city in which 52 the bureau has been established, or other court of civil jurisdiction or 53 any other place provided for the entry of civil judgments within the 54 state of New York, and (4) that a default may be avoided by entering a 55 plea or contesting an allegation of liability in accordance with section 56 eleven hundred eighty-b of this chapter or making an appearance withinA. 4327--A 15 1 thirty days of the sending of such notice. Pleas entered within that 2 period shall be in the manner prescribed in the notice and not subject 3 to additional penalty or fee. Such notice of impending default judgment 4 shall not be required prior to the rendering and entry thereof in the 5 case of operators or owners who are non-residents of the state of New 6 York. In no case shall a default judgment be rendered or, where 7 required, a notice of impending default judgment be sent, more than two 8 years after the expiration of the time prescribed for entering a plea. 9 When a person has demanded a hearing, no fine or penalty shall be 10 imposed for any reason, prior to the holding of the hearing. If the 11 hearing examiner shall make a determination on the charges, sustaining 12 them, he shall impose no greater penalty or fine than those upon which 13 the person was originally charged. 14 § 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401 15 of the vehicle and traffic law, as amended by section 1 of part SS of 16 chapter 57 of the laws of 2010, is amended to read as follows: 17 (i) If at the time of application for a registration or renewal there- 18 of there is a certification from a court, parking violations bureau, 19 traffic and parking violations agency or administrative tribunal of 20 appropriate jurisdiction or administrative tribunal of appropriate 21 jurisdiction that the registrant or his or her representative failed to 22 appear on the return date or any subsequent adjourned date or failed to 23 comply with the rules and regulations of an administrative tribunal 24 following entry of a final decision in response to a total of three or 25 more summonses or other process in the aggregate, issued within an eigh- 26 teen month period, charging either that: (i) such motor vehicle was 27 parked, stopped or standing, or that such motor vehicle was operated for 28 hire by the registrant or his or her agent without being licensed as a 29 motor vehicle for hire by the appropriate local authority, in violation 30 of any of the provisions of this chapter or of any law, ordinance, rule 31 or regulation made by a local authority; or (ii) the registrant was 32 liable in accordance with section eleven hundred eleven-a of this chap- 33 ter or section eleven hundred eleven-b of this chapter for a violation 34 of subdivision (d) of section eleven hundred eleven of this chapter; or 35 (iii) the registrant was liable in accordance with section eleven 36 hundred eleven-c of this chapter for a violation of a bus lane 37 restriction as defined in such section, or (iv) the registrant was 38 liable in accordance with section eleven hundred eighty-b of this chap- 39 ter for a violation of subdivision (c) or (d) of section eleven hundred 40 eighty of this chapter, the commissioner or his or her agent shall deny 41 the registration or renewal application until the applicant provides 42 proof from the court, traffic and parking violations agency or adminis- 43 trative tribunal wherein the charges are pending that an appearance or 44 answer has been made or in the case of an administrative tribunal that 45 he or she has complied with the rules and regulations of said tribunal 46 following entry of a final decision. Where an application is denied 47 pursuant to this section, the commissioner may, in his or her 48 discretion, deny a registration or renewal application to any other 49 person for the same vehicle and may deny a registration or renewal 50 application for any other motor vehicle registered in the name of the 51 applicant where the commissioner has determined that such registrant's 52 intent has been to evade the purposes of this subdivision and where the 53 commissioner has reasonable grounds to believe that such registration or 54 renewal will have the effect of defeating the purposes of this subdivi- 55 sion. Such denial shall only remain in effect as long as the summonses 56 remain unanswered, or in the case of an administrative tribunal, theA. 4327--A 16 1 registrant fails to comply with the rules and regulations following 2 entry of a final decision. 3 § 9-a. Paragraph a of subdivision 5-a of section 401 of the vehicle 4 and traffic law, as amended by section 8-a of part II of chapter 59 of 5 the laws of 2010, 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 a 12 total of three or more summonses or other process in the aggregate, 13 issued within an eighteen month period, charging either that: (i) such 14 motor vehicle was parked, stopped or standing, or that such motor vehi- 15 cle was operated for hire by the registrant or his or her agent without 16 being licensed as a motor vehicle for hire by the appropriate local 17 authority, in violation of any of the provisions of this chapter or of 18 any law, ordinance, rule or regulation made by a local authority; or 19 (ii) the registrant was liable in accordance with section eleven hundred 20 eleven-b of this chapter for a violation of subdivision (d) of section 21 eleven hundred eleven of this chapter; or (iii) the registrant was 22 liable in accordance with section eleven hundred eleven-c of this chap- 23 ter for a violation of a bus lane restriction as defined in such 24 section; or (iv) the registrant was liable in accordance with section 25 eleven hundred eighty-b of this chapter for a violation of subdivision 26 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 27 ter, the commissioner or his or her agent shall deny the registration or 28 renewal application until the applicant provides proof from the court or 29 administrative tribunal wherein the charges are pending that an appear- 30 ance or answer has been made or in the case of an administrative tribu- 31 nal that he or she has complied with the rules and regulations of said 32 tribunal following entry of a final decision. Where an application is 33 denied pursuant to this section, the commissioner may, in his or her 34 discretion, deny a registration or renewal application to any other 35 person for the same vehicle and may deny a registration or renewal 36 application for any other motor vehicle registered in the name of the 37 applicant where the commissioner has determined that such registrant's 38 intent has been to evade the purposes of this subdivision and where the 39 commissioner has reasonable grounds to believe that such registration or 40 renewal will have the effect of defeating the purposes of this subdivi- 41 sion. Such denial shall only remain in effect as long as the summonses 42 remain unanswered, or in the case of an administrative tribunal, the 43 registrant fails to comply with the rules and regulations following 44 entry of a final decision. 45 § 9-b. Paragraph a of subdivision 5-a of section 401 of the vehicle 46 and traffic law, as amended by section 8-b of part II of chapter 59 of 47 the laws of 2010, is amended to read as follows: 48 a. If at the time of application for a registration or renewal thereof 49 there is a certification from a court or administrative tribunal of 50 appropriate jurisdiction that the registrant or his or her represen- 51 tative failed to appear on the return date or any subsequent adjourned 52 date or failed to comply with the rules and regulations of an adminis- 53 trative tribunal following entry of a final decision in response to 54 three or more summonses or other process, issued within an eighteen 55 month period, charging that such motor vehicle was parked, stopped or 56 standing, or that such motor vehicle was operated for hire by the regis-A. 4327--A 17 1 trant or his or her agent without being licensed as a motor vehicle for 2 hire by the appropriate local authority, in violation of any of the 3 provisions of this chapter or of any law, ordinance, rule or regulation 4 made by a local authority or the registrant was liable in accordance 5 with section eleven hundred eleven-c of this chapter for a violation of 6 a bus lane restriction as defined in such section, or the registrant was 7 liable in accordance with section eleven hundred eighty-b of this chap- 8 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section 9 eleven hundred eighty of this chapter, the commissioner or his or her 10 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 or she has complied 14 with the rules and regulations of said tribunal following entry of a 15 final decision. Where an application is denied pursuant to this section, 16 the commissioner may, in his or her discretion, deny a registration or 17 renewal application to any other person for the same vehicle and may 18 deny a registration or renewal application for any other motor vehicle 19 registered in the name of the applicant where the commissioner has 20 determined that such registrant's intent has been to evade the purposes 21 of this subdivision and where the commissioner has reasonable grounds to 22 believe that such registration or renewal will have the effect of 23 defeating the purposes of this subdivision. Such denial shall only 24 remain in effect as long as the summonses remain unanswered, or in the 25 case of an administrative tribunal, the registrant fails to comply with 26 the rules and regulations following entry of a final decision. 27 § 9-c. Paragraph a of subdivision 5-a of section 401 of the vehicle 28 and traffic law, as separately amended by chapters 339 and 592 of the 29 laws of 1987, is amended to read as follows: 30 a. If at the time of application for a registration or renewal thereof 31 there is a certification from a court or administrative tribunal of 32 appropriate jurisdiction that the registrant or his representative 33 failed to appear on the return date or any subsequent adjourned date or 34 failed to comply with the rules and regulations of an administrative 35 tribunal following entry of a final decision in response to three or 36 more summonses or other process, issued within an eighteen month period, 37 charging that such motor vehicle was parked, stopped or standing, or 38 that such motor vehicle was operated for hire by the registrant or his 39 agent without being licensed as a motor vehicle for hire by the appro- 40 priate local authority, in violation of any of the provisions of this 41 chapter or of any law, ordinance, rule or regulation made by a local 42 authority, or the registrant was liable in accordance with section elev- 43 en hundred eighty-b of this chapter for violations of subdivision (b), 44 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter, 45 the commissioner or his agent shall deny the registration or renewal 46 application until the applicant provides proof from the court or admin- 47 istrative tribunal wherein the charges are pending that an appearance or 48 answer has been made or in the case of an administrative tribunal that 49 he has complied with the rules and regulations of said tribunal follow- 50 ing entry of a final decision. Where an application is denied pursuant 51 to this section, the commissioner may, in his discretion, deny a regis- 52 tration or renewal application to any other person for the same vehicle 53 and may deny a registration or renewal application for any other motor 54 vehicle registered in the name of the applicant where the commissioner 55 has determined that such registrant's intent has been to evade the 56 purposes of this subdivision and where the commissioner has reasonableA. 4327--A 18 1 grounds to believe that such registration or renewal will have the 2 effect of defeating the purposes of this subdivision. Such denial shall 3 only remain in effect as long as the summonses remain unanswered, or in 4 the case of an administrative tribunal, the registrant fails to comply 5 with the rules and regulations following entry of a final decision. 6 § 10. The vehicle and traffic law is amended by adding a new section 7 1180-b to read as follows: 8 § 1180-b. Owner liability for failure of operator to comply with 9 certain posted maximum speed limits. (a) 1. Notwithstanding any other 10 provision of law, the city of New York is hereby authorized to establish 11 a demonstration program imposing monetary liability on the owner of a 12 vehicle for failure of an operator thereof to comply with posted maximum 13 speed limits in a school speed zone within the city (i) when a school 14 speed limit is in effect as provided in paragraphs one and two of subdi- 15 vision (c) of section eleven hundred eighty of this article or (ii) when 16 other speed limits are in effect as provided in subdivision (b), (d), 17 (f) or (g) of section eleven hundred eighty of this article during the 18 following times: (A) on school days during school hours and one hour 19 before and one hour after the school day, and (B) a period during 20 student activities at the school and up to thirty minutes immediately 21 before and up to thirty minutes immediately after such student activ- 22 ities. Such demonstration program shall empower the city to install 23 photo speed violation monitoring systems within no more than twenty 24 school speed zones within the city at any one time and to operate such 25 systems within such zones (iii) when a school speed limit is in effect 26 as provided in paragraphs one and two of subdivision (c) of section 27 eleven hundred eighty of this article or (iv) when other speed limits 28 are in effect as provided in subdivision (b), (d), (f) or (g) of section 29 eleven hundred eighty of this article during the following times: (A) on 30 school days during school hours and one hour before and one hour after 31 the school day, and (B) a period during student activities at the school 32 and up to thirty minutes immediately before and up to thirty minutes 33 immediately after such student activities. In selecting a school speed 34 zone in which to install and operate a photo speed violation monitoring 35 system, the city shall consider criteria including, but not limited to 36 the speed data, crash history, and the roadway geometry applicable to 37 such school speed zone. 38 2. No photo speed violation monitoring system shall be used in a 39 school speed zone unless (i) on the day it is to be used it has success- 40 fully passed a self-test of its functions; and (ii) it has undergone an 41 annual calibration check performed pursuant to paragraph four of this 42 subdivision. The city may install signs giving notice that a photo speed 43 violation monitoring system is in use to be mounted on advance warning 44 signs notifying motor vehicle operators of such upcoming school speed 45 zone and/or on speed limit signs applicable within such school speed 46 zone, in conformance with standards established in the MUTCD. 47 3. Operators of photo speed violation monitoring systems shall have 48 completed training in the procedures for setting up, testing, and oper- 49 ating such systems. Each such operator shall complete and sign a daily 50 set-up log for each such system that he or she operates that (i) states 51 the date and time when, and the location where, the system was set up 52 that day, and (ii) states that such operator successfully performed, and 53 the system passed, the self-tests of such system before producing a 54 recorded image that day. The city shall retain each such daily log until 55 the later of the date on which the photo speed violation monitoring 56 system to which it applies has been permanently removed from use or theA. 4327--A 19 1 final resolution of all cases involving notices of liability issued 2 based on photographs, microphotographs, video or other recorded images 3 produced by such system. 4 4. Each photo speed violation monitoring system shall undergo an annu- 5 al calibration check performed by an independent calibration laboratory 6 which shall issue a signed certificate of calibration. The city shall 7 keep each such annual certificate of calibration on file until the final 8 resolution of all cases involving a notice of liability issued during 9 such year which were based on photographs, microphotographs, videotape 10 or other recorded images produced by such photo speed violation monitor- 11 ing system. 12 5. (i) Such demonstration program shall utilize necessary technologies 13 to ensure, to the extent practicable, that photographs, microphoto- 14 graphs, videotape or other recorded images produced by such photo speed 15 violation monitoring systems shall not include images that identify the 16 driver, the passengers, or the contents of the vehicle. Provided, howev- 17 er, that no notice of liability issued pursuant to this section shall be 18 dismissed solely because such a photograph, microphotograph, videotape 19 or other recorded image allows for the identification of the driver, the 20 passengers, or the contents of vehicles where the city shows that it 21 made reasonable efforts to comply with the provisions of this paragraph 22 in such case. 23 (ii) Photographs, microphotographs, videotape or any other recorded 24 image from a photo speed violation monitoring system shall be for the 25 exclusive use of the city for the purpose of the adjudication of liabil- 26 ity imposed pursuant to this section and of the owner receiving a notice 27 of liability pursuant to this section, and shall be destroyed by the 28 city upon the final resolution of the notice of liability to which such 29 photographs, microphotographs, videotape or other recorded images 30 relate, or one year following the date of issuance of such notice of 31 liability, whichever is later. Notwithstanding the provisions of any 32 other law, rule or regulation to the contrary, photographs, microphoto- 33 graphs, videotape or any other recorded image from a photo speed 34 violation monitoring system shall not be open to the public, nor subject 35 to civil or criminal process or discovery, nor used by any court or 36 administrative or adjudicatory body in any action or proceeding therein 37 except that which is necessary for the adjudication of a notice of 38 liability issued pursuant to this section, and no public entity or 39 employee, officer or agent thereof shall disclose such information, 40 except that such photographs, microphotographs, videotape or any other 41 recorded images from such systems: 42 (A) shall be available for inspection and copying and use by the motor 43 vehicle owner and operator for so long as such photographs, microphoto- 44 graphs, videotape or other recorded images are required to be maintained 45 or are maintained by such public entity, employee, officer or agent; and 46 (B) (1) shall be furnished when described in a search warrant issued 47 by a court authorized to issue such a search warrant pursuant to article 48 six hundred ninety of the criminal procedure law or a federal court 49 authorized to issue such a search warrant under federal law, where such 50 search warrant states that there is reasonable cause to believe such 51 information constitutes evidence of, or tends to demonstrate that, a 52 misdemeanor or felony offense was committed in this state or another 53 state, or that a particular person participated in the commission of a 54 misdemeanor or felony offense in this state or another state, provided, 55 however, that if such offense was against the laws of another state, the 56 court shall only issue a warrant if the conduct comprising such offenseA. 4327--A 20 1 would, if occurring in this state, constitute a misdemeanor or felony 2 against the laws of this state; and 3 (2) shall be furnished in response to a subpoena duces tecum signed by 4 a judge of competent jurisdiction and issued pursuant to article six 5 hundred ten of the criminal procedure law or a judge or magistrate of a 6 federal court authorized to issue such a subpoena duces tecum under 7 federal law, where the judge finds and the subpoena states that there is 8 reasonable cause to believe such information is relevant and material to 9 the prosecution, or the defense, or the investigation by an authorized 10 law enforcement official, of the alleged commission of a misdemeanor or 11 felony in this state or another state, provided, however, that if such 12 offense was against the laws of another state, such judge or magistrate 13 shall only issue such subpoena if the conduct comprising such offense 14 would, if occurring in this state, constitute a misdemeanor or felony in 15 this state; and 16 (3) may, if lawfully obtained pursuant to this clause and clause (A) 17 of this subparagraph and otherwise admissible, be used in such criminal 18 action or proceeding. 19 (b) If the city of New York establishes a demonstration program pursu- 20 ant to subdivision (a) of this section, the owner of a vehicle shall be 21 liable for a penalty imposed pursuant to this section if such vehicle 22 was used or operated with the permission of the owner, express or 23 implied, within a school speed zone in violation of subdivision (c) or 24 during the times authorized pursuant to subdivision (a) of this section 25 in violation of subdivision (b), (d), (f) or (g) of section eleven 26 hundred eighty of this article, such vehicle was traveling at a speed of 27 more than ten miles per hour above the posted speed limit in effect 28 within such school speed zone, and such violation is evidenced by infor- 29 mation obtained from a photo speed violation monitoring system; provided 30 however that no owner of a vehicle shall be liable for a penalty imposed 31 pursuant to this section where the operator of such vehicle has been 32 convicted of the underlying violation of subdivision (b), (c), (d), (f) 33 or (g) of section eleven hundred eighty of this article. 34 (c) For purposes of this section, the following terms shall have the 35 following meanings: 36 1. "manual on uniform traffic control devices" or "MUTCD" shall mean 37 the manual and specifications for a uniform system of traffic control 38 devices maintained by the commissioner of transportation pursuant to 39 section sixteen hundred eighty of this chapter; 40 2. "owner" shall have the meaning provided in article two-B of this 41 chapter. 42 3. "photo speed violation monitoring system" shall mean a vehicle 43 sensor installed to work in conjunction with a speed measuring device 44 which automatically produces two or more photographs, two or more micro- 45 photographs, a videotape or other recorded images of each vehicle at the 46 time it is used or operated in a school speed zone in violation of 47 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 48 of this article in accordance with the provisions of this section; and 49 4. "school speed zone" shall mean a distance not to exceed one thou- 50 sand three hundred twenty feet on a highway passing a school building, 51 entrance or exit of a school abutting on the highway. 52 (d) A certificate, sworn to or affirmed by a technician employed by 53 the city of New York, or a facsimile thereof, based upon inspection of 54 photographs, microphotographs, videotape or other recorded images 55 produced by a photo speed violation monitoring system, shall be prima 56 facie evidence of the facts contained therein. Any photographs, micro-A. 4327--A 21 1 photographs, videotape or other recorded images evidencing such a 2 violation shall include at least two date and time stamped images of the 3 rear of the motor vehicle that include the same stationary object near 4 the motor vehicle and shall be available for inspection reasonably in 5 advance of and at any proceeding to adjudicate the liability for such 6 violation pursuant to this section. 7 (e) An owner liable for a violation of subdivision (b), (c), (d), (f) 8 or (g) of section eleven hundred eighty of this article pursuant to a 9 demonstration program established pursuant to this section shall be 10 liable for monetary penalties in accordance with a schedule of fines and 11 penalties to be promulgated by the parking violations bureau of the city 12 of New York. The liability of the owner pursuant to this section shall 13 not exceed fifty dollars for each violation; provided, however, that 14 such parking violations bureau may provide for an additional penalty not 15 in excess of twenty-five dollars for each violation for the failure to 16 respond to a notice of liability within the prescribed time period. 17 (f) An imposition of liability under the demonstration program estab- 18 lished pursuant to this section shall not be deemed a conviction as an 19 operator and shall not be made part of the operating record of the 20 person upon whom such liability is imposed nor shall it be used for 21 insurance purposes in the provision of motor vehicle insurance coverage. 22 (g) 1. A notice of liability shall be sent by first class mail to each 23 person alleged to be liable as an owner for a violation of subdivision 24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 25 cle pursuant to this section, within fourteen business days if such 26 owner is a resident of this state and within forty-five business days if 27 such owner is a non-resident. Personal delivery on the owner shall not 28 be required. A manual or automatic record of mailing prepared in the 29 ordinary course of business shall be prima facie evidence of the facts 30 contained therein. 31 2. A notice of liability shall contain the name and address of the 32 person alleged to be liable as an owner for a violation of subdivision 33 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti- 34 cle pursuant to this section, the registration number of the vehicle 35 involved in such violation, the location where such violation took 36 place, the date and time of such violation, the identification number of 37 the camera which recorded the violation or other document locator 38 number, at least two date and time stamped images of the rear of the 39 motor vehicle that include the same stationary object near the motor 40 vehicle, and the certificate charging the liability. 41 3. The notice of liability shall contain information advising the 42 person charged of the manner and the time in which he or she may contest 43 the liability alleged in the notice. Such notice of liability shall 44 also contain a prominent warning to advise the person charged that fail- 45 ure to contest in the manner and time provided shall be deemed an admis- 46 sion of liability and that a default judgment may be entered thereon. 47 4. The notice of liability shall be prepared and mailed by the city of 48 New York, or by any other entity authorized by the city to prepare and 49 mail such notice of liability. 50 (h) Adjudication of the liability imposed upon owners of this section 51 shall be by the New York city parking violations bureau. 52 (i) If an owner receives a notice of liability pursuant to this 53 section for any time period during which the vehicle or the number plate 54 or plates of such vehicle was reported to the police department as 55 having been stolen, it shall be a valid defense to an allegation of 56 liability for a violation of subdivision (b), (c), (d), (f) or (g) ofA. 4327--A 22 1 section eleven hundred eighty of this article pursuant to this section 2 that the vehicle or the number plate or plates of such vehicle had been 3 reported to the police as stolen prior to the time the violation 4 occurred and had not been recovered by such time. For purposes of 5 asserting the defense provided by this subdivision, it shall be suffi- 6 cient that a certified copy of the police report on the stolen vehicle 7 or number plate or plates of such vehicle be sent by first class mail to 8 the New York city parking violations bureau, or by any other entity 9 authorized by the city to prepare and mail such notice of liability. 10 (j) Adjudication of the liability imposed upon owners of this section 11 shall be by the New York city parking violations bureau. 12 (k) 1. An owner who is a lessor of a vehicle to which a notice of 13 liability was issued pursuant to subdivision (g) of this section shall 14 not be liable for the violation of subdivision (b), (c), (d), (f) or (g) 15 of section eleven hundred eighty of this article pursuant to this 16 section, provided that: 17 (i) prior to the violation, the lessor has filed with such parking 18 violations bureau in accordance with the provisions of section two 19 hundred thirty-nine of this chapter; and 20 (ii) within thirty-seven days after receiving notice from such bureau 21 of the date and time of a liability, together with the other information 22 contained in the original notice of liability, the lessor submits to 23 such bureau the correct name and address of the lessee of the vehicle 24 identified in the notice of liability at the time of such violation, 25 together with such other additional information contained in the rental, 26 lease or other contract document, as may be reasonably required by such 27 bureau pursuant to regulations that may be promulgated for such purpose. 28 2. Failure to comply with subparagraph (ii) of paragraph (a) of this 29 subdivision shall render the owner liable for the penalty prescribed in 30 this section. 31 3. Where the lessor complies with the provisions of paragraph (a) of 32 this subdivision, the lessee of such vehicle on the date of such 33 violation shall be deemed to be the owner of such vehicle for purposes 34 of this section, shall be subject to liability for such violation pursu- 35 ant to this section and shall be sent a notice of liability pursuant to 36 subdivision nine of this section. 37 (l) 1. If the owner liable for a violation of subdivision (c) or (d) 38 of section eleven hundred eighty of this article pursuant to this 39 section was not the operator of the vehicle at the time of the 40 violation, the owner may maintain an action for indemnification against 41 the operator. 42 2. Notwithstanding any other provision of this section, no owner of a 43 vehicle shall be subject to a monetary fine imposed pursuant to this 44 section if the operator of such vehicle was operating such vehicle with- 45 out the consent of the owner at the time such operator operated such 46 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section 47 eleven hundred eighty of this article. For purposes of this subdivision 48 there shall be a presumption that the operator of such vehicle was oper- 49 ating such vehicle with the consent of the owner at the time of such 50 operator operated such vehicle in violation of subdivision (b), (c), 51 (d), (f) or (g) of section eleven hundred eighty of this article. 52 (m) Nothing in this section shall be construed to limit the liability 53 of an operator of a vehicle for any violation of subdivision (c) or (d) 54 of section eleven hundred eighty of this article. 55 (n) If the city adopts a demonstration program pursuant to subdivision 56 one of this section it shall conduct a study and submit a report on theA. 4327--A 23 1 results of the use of photo devices to the governor, the temporary pres- 2 ident of the senate and the speaker of the assembly. Such report shall 3 include: 4 1. the locations where and dates when photo speed violation monitoring 5 systems were used; 6 2. the aggregate number, type and severity of crashes, fatalities, 7 injuries and property damage reported within all school speed zones 8 within the city, to the extent the information is maintained by the 9 department of motor vehicles of this state; 10 3. the aggregate number, type and severity of crashes, fatalities, 11 injuries and property damage reported within school speed zones where 12 photo speed violation monitoring systems were used, to the extent the 13 information is maintained by the department of motor vehicles of this 14 state; 15 4. the number of violations recorded within all school speed zones 16 within the city, in the aggregate on a daily, weekly and monthly basis; 17 5. the number of violations recorded within each school speed zone 18 where a photo speed violation monitoring system is used, in the aggre- 19 gate on a daily, weekly and monthly basis; 20 6. the number of violations recorded within all school speed zones 21 within the city that were: 22 (i) more than ten but not more than twenty miles per hour over the 23 posted speed limit; 24 (ii) more than twenty but not more than thirty miles per hour over the 25 posted speed limit; 26 (iii) more than thirty but not more than forty miles per hour over the 27 posted speed limit; and 28 (iv) more than forty miles per hour over the posted speed limit; 29 7. the number of violations recorded within each school speed zone 30 where a photo speed violation monitoring system is used that were: 31 (i) more than ten but not more than twenty miles per hour over the 32 posted speed limit; 33 (ii) more than twenty but not more than thirty miles per hour over the 34 posted speed limit; 35 (iii) more than thirty but not more than forty miles per hour over the 36 posted speed limit; and 37 (iv) more than forty miles per hour over the posted speed limit; 38 8. the total number of notices of liability issued for violations 39 recorded by such systems; 40 9. the number of fines and total amount of fines paid after the first 41 notice of liability issued for violations recorded by such systems; 42 10. the number of violations adjudicated and the results of such adju- 43 dications including breakdowns of dispositions made for violations 44 recorded by such systems; 45 11. the total amount of revenue realized by the city in connection 46 with the program; 47 12. the expenses incurred by the city in connection with the program; 48 and 49 13. the quality of the adjudication process and its results. 50 (o) It shall be a defense to any prosecution for a violation of subdi- 51 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 52 this article pursuant to this section that such photo speed violation 53 monitoring system was malfunctioning at the time of the alleged 54 violation. 55 § 11. The opening paragraph and paragraph (c) of subdivision 1 of 56 section 1809 of the vehicle and traffic law, as amended by section 10 ofA. 4327--A 24 1 part II of chapter 59 of the laws of 2010, are amended to read as 2 follows: 3 Whenever proceedings in an administrative tribunal or a court of this 4 state result in a conviction for an offense under this chapter or a 5 traffic infraction under this chapter, or a local law, ordinance, rule 6 or regulation adopted pursuant to this chapter, other than a traffic 7 infraction involving standing, stopping, or parking or violations by 8 pedestrians or bicyclists, or other than an adjudication of liability of 9 an owner for a violation of subdivision (d) of section eleven hundred 10 eleven of this chapter in accordance with section eleven hundred 11 eleven-a of this chapter, or other than an adjudication of liability of 12 an owner for a violation of subdivision (d) of section eleven hundred 13 eleven of this chapter in accordance with section eleven hundred 14 eleven-b of this chapter, or other than an adjudication in accordance 15 with section eleven hundred eleven-c of this chapter for a violation of 16 a bus lane restriction as defined in such section, or other than an 17 adjudication of liability of an owner for a violation of subdivision 18 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 19 ter in accordance with section eleven hundred eighty-b of this chapter, 20 there shall be levied a crime victim assistance fee and a mandatory 21 surcharge, in addition to any sentence required or permitted by law, in 22 accordance with the following schedule: 23 (c) Whenever proceedings in an administrative tribunal or a court of 24 this state result in a conviction for an offense under this chapter 25 other than a crime pursuant to section eleven hundred ninety-two of this 26 chapter, or a traffic infraction under this chapter, or a local law, 27 ordinance, rule or regulation adopted pursuant to this chapter, other 28 than a traffic infraction involving standing, stopping, or parking or 29 violations by pedestrians or bicyclists, or other than an adjudication 30 of liability of an owner for a violation of subdivision (d) of section 31 eleven hundred eleven of this chapter in accordance with section eleven 32 hundred eleven-a of this chapter, or other than an adjudication of 33 liability of an owner for a violation of subdivision (d) of section 34 eleven hundred eleven of this chapter in accordance with section eleven 35 hundred eleven-b of this chapter, or other than an infraction pursuant 36 to article nine of this chapter or other than an adjudication of liabil- 37 ity of an owner for a violation of toll collection regulations pursuant 38 to section two thousand nine hundred eighty-five of the public authori- 39 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 40 hundred seventy-four of the laws of nineteen hundred fifty or other than 41 an adjudication in accordance with section eleven hundred eleven-c of 42 this chapter for a violation of a bus lane restriction as defined in 43 such section, or other than an adjudication of liability of an owner for 44 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 45 hundred eighty of this chapter in accordance with section eleven hundred 46 eighty-b of this chapter, there shall be levied a crime victim assist- 47 ance fee in the amount of five dollars and a mandatory surcharge, in 48 addition to any sentence required or permitted by law, in the amount of 49 fifty-five dollars. 50 § 11-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 51 as amended by section 10-a of part II of chapter 59 of the laws of 2010, 52 is amended to read as follows: 53 1. Whenever proceedings in an administrative tribunal or a court of 54 this state result in a conviction for a crime under this chapter or a 55 traffic infraction under this chapter, or a local law, ordinance, rule 56 or regulation adopted pursuant to this chapter, other than a trafficA. 4327--A 25 1 infraction involving standing, stopping, parking or motor vehicle equip- 2 ment or violations by pedestrians or bicyclists, or other than an adju- 3 dication of liability of an owner for a violation of subdivision (d) of 4 section eleven hundred eleven of this chapter in accordance with section 5 eleven hundred eleven-a of this chapter, or other than an adjudication 6 of liability of an owner for a violation of subdivision (d) of section 7 eleven hundred eleven of this chapter in accordance with section eleven 8 hundred eleven-b of this chapter, or other than an adjudication in 9 accordance with section eleven hundred eleven-c of this chapter for a 10 violation of a bus lane restriction as defined in such section, or other 11 than an adjudication of liability of an owner for a violation of subdi- 12 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 13 this chapter in accordance with section eleven hundred eighty-b of this 14 chapter, there shall be levied a mandatory surcharge, in addition to any 15 sentence required or permitted by law, in the amount of twenty-five 16 dollars. 17 § 11-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 18 as amended by section 10-b of part II of chapter 59 of the laws of 2010, 19 is amended to read as follows: 20 1. Whenever proceedings in an administrative tribunal or a court of 21 this state result in a conviction for a crime under this chapter or a 22 traffic infraction under this chapter other than a traffic infraction 23 involving standing, stopping, parking or motor vehicle equipment or 24 violations by pedestrians or bicyclists, or other than an adjudication 25 in accordance with section eleven hundred eleven-c of this chapter for a 26 violation of a bus lane restriction as defined in such section, or other 27 than an adjudication of liability of an owner for a violation of subdi- 28 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of 29 this chapter in accordance with section eleven hundred eighty-b of this 30 chapter, there shall be levied a mandatory surcharge, in addition to any 31 sentence required or permitted by law, in the amount of seventeen 32 dollars. 33 § 11-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 34 as separately amended by chapter 16 of the laws of 1983 and chapter 62 35 of the laws of 1989, is 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 of liability of an owner for a violation of subdivision (b), (c), (d), 42 (f) or (g) of section eleven hundred eighty of this chapter in accord- 43 ance with section eleven hundred eighty-b of this chapter, there shall 44 be levied a mandatory surcharge, in addition to any sentence required or 45 permitted by law, in the amount of seventeen dollars. 46 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle 47 and traffic law, as amended by section 11 of part II of chapter 59 of 48 the laws of 2010, is amended to read as follows: 49 a. Notwithstanding any other provision of law, whenever proceedings in 50 a court or an administrative tribunal of this state result in a 51 conviction for an offense under this chapter, except a conviction pursu- 52 ant to section eleven hundred ninety-two of this chapter, or for a traf- 53 fic infraction under this chapter, or a local law, ordinance, rule or 54 regulation adopted pursuant to this chapter, except a traffic infraction 55 involving standing, stopping, or parking or violations by pedestrians or 56 bicyclists, and except an adjudication of liability of an owner for aA. 4327--A 26 1 violation of subdivision (d) of section eleven hundred eleven of this 2 chapter in accordance with section eleven hundred eleven-a of this chap- 3 ter, and except an adjudication of liability of an owner for a violation 4 of subdivision (d) of section eleven hundred eleven of this chapter in 5 accordance with section eleven hundred eleven-b of this chapter, and 6 except an adjudication in accordance with section eleven hundred 7 eleven-c of this chapter of a violation of a bus lane restriction as 8 defined in such section, and except an adjudication of liability of an 9 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 10 section eleven hundred eighty of this chapter in accordance with section 11 eleven hundred eighty-b of this chapter, and except an adjudication of 12 liability of an owner for a violation of toll collection regulations 13 pursuant to section two thousand nine hundred eighty-five of the public 14 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- 15 ter seven hundred seventy-four of the laws of nineteen hundred fifty, 16 there shall be levied in addition to any sentence, penalty or other 17 surcharge required or permitted by law, an additional surcharge of twen- 18 ty dollars. 19 § 12-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 20 and traffic law, as amended by section 3 of part C of chapter 55 of the 21 laws of 2013, is amended to read as follows: 22 a. Notwithstanding any other provision of law, whenever proceedings in 23 a court or an administrative tribunal of this state result in a 24 conviction for an offense under this chapter, except a conviction pursu- 25 ant to section eleven hundred ninety-two of this chapter, or for a traf- 26 fic infraction under this chapter, or a local law, ordinance, rule or 27 regulation adopted pursuant to this chapter, except a traffic infraction 28 involving standing, stopping, or parking or violations by pedestrians or 29 bicyclists, and except an adjudication of liability of an owner for a 30 violation of subdivision (d) of section eleven hundred eleven of this 31 chapter in accordance with section eleven hundred eleven-a of this chap- 32 ter, and except an adjudication of liability of an owner for a violation 33 of subdivision (d) of section eleven hundred eleven of this chapter in 34 accordance with section eleven hundred eleven-b of this chapter, and 35 except an adjudication in accordance with section eleven hundred 36 eleven-c of this chapter of a violation of a bus lane restriction as 37 defined in such section, and expect an adjudication of liability of an 38 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 39 section eleven hundred eighty of this chapter in accordance with section 40 eleven hundred eighty-b of this chapter, and except an adjudication of 41 liability of an owner for a violation of toll collection regulations 42 pursuant to section two thousand nine hundred eighty-five of the public 43 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap- 44 ter seven hundred seventy-four of the laws of nineteen hundred fifty, 45 there shall be levied in addition to any sentence, penalty or other 46 surcharge required or permitted by law, an additional surcharge of twen- 47 ty-eight dollars. 48 § 12-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 49 and traffic law, as amended by section 4 of part C of chapter 55 of the 50 laws of 2013, is amended to read as follows: 51 a. Notwithstanding any other provision of law, whenever proceedings in 52 a court or an administrative tribunal of this state result in a 53 conviction for an offense under this chapter, except a conviction pursu- 54 ant to section eleven hundred ninety-two of this chapter, or for a traf- 55 fic infraction under this chapter, or a local law, ordinance, rule or 56 regulation adopted pursuant to this chapter, except a traffic infractionA. 4327--A 27 1 involving standing, stopping, or parking or violations by pedestrians or 2 bicyclists, and except an adjudication of liability of an owner for a 3 violation of subdivision (d) of section eleven hundred eleven of this 4 chapter in accordance with section eleven hundred eleven-a of this chap- 5 ter, and except an adjudication in accordance with section eleven 6 hundred eleven-c of this chapter of a violation of a bus lane 7 restriction as defined in such section, and except an adjudication of 8 liability of an owner for a violation of subdivision (b), (c), (d), (f) 9 or (g) of section eleven hundred eighty of this chapter in accordance 10 with section eleven hundred eighty-b of this chapter, and except an 11 adjudication of liability of an owner for a violation of toll collection 12 regulations pursuant to section two thousand nine hundred eighty-five of 13 the public authorities law or sections sixteen-a, sixteen-b and 14 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 15 hundred fifty, there shall be levied in addition to any sentence, penal- 16 ty or other surcharge required or permitted by law, an additional 17 surcharge of twenty-eight dollars. 18 § 12-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 19 and traffic law, as added by section 5 of part C of chapter 55 of the 20 laws of 2013, is amended to read as follows: 21 a. Notwithstanding any other provision of law, whenever proceedings in 22 a court or an administrative tribunal of this state result in a 23 conviction for an offense under this chapter, except a conviction pursu- 24 ant to section eleven hundred ninety-two of this chapter, or for a traf- 25 fic infraction under this chapter, or a local law, ordinance, rule or 26 regulation adopted pursuant to this chapter, except a traffic infraction 27 involving standing, stopping, or parking or violations by pedestrians or 28 bicyclists, and except an adjudication of liability of an owner for a 29 violation of subdivision (d) of section eleven hundred eleven of this 30 chapter in accordance with section eleven hundred eleven-a of this chap- 31 ter, and except an adjudication of liability of an owner for a violation 32 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 33 eighty of this chapter in accordance with section eleven hundred eight- 34 y-b of this chapter, and except an adjudication of liability of an owner 35 for a violation of toll collection regulations pursuant to section two 36 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 § 13. Subdivision 2 of section 87 of the public officers law is 42 amended by adding a new paragraph (m) to read as follows: 43 (m) are photographs, microphotographs, videotape or other recorded 44 images prepared under the authority of section eleven hundred eighty-b 45 of the vehicle and traffic law. 46 § 14. The purchase or lease of equipment for a demonstration program 47 pursuant to section 1180-b of the vehicle and traffic law shall be 48 subject to the provisions of section 103 of the general municipal law. 49 § 15. This act shall take effect on the thirtieth day after it shall 50 have become a law and shall expire 5 years after such effective date 51 when upon such date the provisions of this act shall be deemed repealed; 52 and provided further that any rules necessary for the implementation of 53 this act on its effective date shall be promulgated on or before such 54 effective date, provided that: 55 (a) the amendments to subdivision 1 of section 235 of the vehicle and 56 traffic law made by section one of this act shall not affect the expira-A. 4327--A 28 1 tion of such subdivision and shall be deemed to expire therewith, when 2 upon such date the provisions of section one-a of this act shall take 3 effect; 4 (b) the amendments to section 235 of the vehicle and traffic law made 5 by section one-a of this act shall not affect the expiration of such 6 section and shall be deemed to expire therewith, when upon such date the 7 provisions of section one-b of this act shall take effect; 8 (c) the amendments to section 235 of the vehicle and traffic law made 9 by section one-b of this act shall not affect the expiration of such 10 section and shall be deemed to expire therewith, when upon such date the 11 provisions of section one-c of this act shall take effect; 12 (d) the amendments to section 235 of the vehicle and traffic law made 13 by section one-c of this act shall not affect the expiration of such 14 section and shall be deemed to expire therewith, when upon such date the 15 provisions of section one-d of this act shall take effect; 16 (e) the amendments to subdivision 1 of section 236 of the vehicle and 17 traffic law made by section two of this act shall not affect the expira- 18 tion of such subdivision and shall be deemed to expire therewith, when 19 upon such date the provisions of section two-a of this act shall take 20 effect; 21 (f) the amendments to subdivision 1 of section 236 of the vehicle and 22 traffic law made by section two-a of this act shall not affect the expi- 23 ration of such subdivision and shall be deemed to expire therewith, when 24 upon such date the provisions of section two-b of this act shall take 25 effect; 26 (g) the amendments to subdivision 1 of section 236 of the vehicle and 27 traffic law made by section two-b of this act shall not affect the expi- 28 ration of such subdivision and shall be deemed to expire therewith, when 29 upon such date the provisions of section two-c of this act shall take 30 effect; 31 (h) the amendments to subdivision 12 of section 237 of the vehicle and 32 traffic law made by section three of this act shall not affect the 33 repeal of such subdivision and shall be deemed to be repealed therewith, 34 when upon such date the provisions of section three-a of this act shall 35 take effect; 36 (h-1) the amendments to subdivision 11 of section 237 of the vehicle 37 and traffic law made by section three-a of this act shall not affect the 38 expiration and reversion of such subdivision and shall be deemed 39 repealed therewith; 40 (i) the amendments to paragraph f of subdivision 1 of section 239 of 41 the vehicle and traffic law made by section four of this act shall not 42 affect the expiration of such paragraph and shall be deemed to expire 43 therewith, when upon such date the provisions of section four-a of this 44 act shall take effect; 45 (j) the amendments to paragraph f of subdivision 1 of section 239 of 46 the vehicle and traffic law made by section four-a of this act shall not 47 affect the expiration of such paragraph and shall be deemed to expire 48 therewith, when upon such date the provisions of section four-b of this 49 act shall take effect; 50 (k) the amendments to paragraph f of subdivision 1 of section 239 of 51 the vehicle and traffic law made by section four-b of this act shall not 52 affect the expiration of such paragraph and shall be deemed to expire 53 therewith, when upon such date the provisions of section four-c of this 54 act shall take effect; 55 (l) the amendments to subdivision 4 of section 239 of the vehicle and 56 traffic law made by section five of this act shall not affect the repealA. 4327--A 29 1 of such subdivision and shall be deemed to be repealed therewith, when 2 upon such date the provisions of section five-a of this act shall take 3 effect; 4 (m) the amendments to subdivisions 1 and 1-a of section 240 of the 5 vehicle and traffic law made by section six of this act shall not affect 6 the expiration of such subdivisions and shall be deemed to expire there- 7 with, when upon such date the provisions of section six-a of this act 8 shall take effect; 9 (n) the amendments to subdivisions 1 and 1-a of section 240 of the 10 vehicle and traffic law made by section six-a of this act shall not 11 affect the expiration of such subdivisions and shall be deemed to expire 12 therewith, when upon such date the provisions of section six-b of this 13 act shall take effect; 14 (o) the amendments to subdivisions 1 and 1-a of section 240 of the 15 vehicle and traffic law made by section six-b of this act shall not 16 affect the expiration of such subdivisions and shall be deemed to expire 17 therewith, when upon such date the provisions of section six-c of this 18 act shall take effect; 19 (p) the amendments to paragraphs a and g of subdivision 2 of section 20 240 of the vehicle and traffic law made by section seven of this act 21 shall not affect the expiration of such paragraphs and shall be deemed 22 to expire therewith, when upon such date the provisions of section 23 seven-a of this act shall take effect; 24 (q) the amendments to paragraphs a and g of subdivision 2 of section 25 240 of the vehicle and traffic law made by section seven-a of this act 26 shall not affect the expiration of such paragraphs and shall be deemed 27 to expire therewith, when upon such date the provisions of section 28 seven-b of this act shall take effect; 29 (r) the amendments to paragraphs a and g of subdivision 2 of section 30 240 of the vehicle and traffic law made by section seven-b of this act 31 shall not affect the expiration of such paragraphs and shall be deemed 32 to expire therewith, when upon such date the provisions of section 33 seven-c of this act shall take effect; 34 (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 35 cle and traffic law made by section eight of this act shall not affect 36 the expiration of such subdivisions and shall be deemed to expire there- 37 with, when upon such date the provisions of section eight-a of this act 38 shall take effect; 39 (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 40 cle and traffic law made by section eight-a of this act shall not affect 41 the expiration of such subdivisions and shall be deemed to expire there- 42 with, when upon such date the provisions of section eight-b of this act 43 shall take effect; 44 (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi- 45 cle and traffic law made by section eight-b of this act shall not affect 46 the expiration of such subdivisions and shall be deemed to expire there- 47 with, when upon such date the provisions of section eight-c of this act 48 shall take effect; 49 (v) the amendments to subparagraph (i) of paragraph a of subdivision 50 5-a of section 401 of the vehicle and traffic law made by section nine 51 of this act shall not affect the expiration of such paragraph and shall 52 be deemed to expire therewith, when upon such date the provisions of 53 section nine-a of this act shall take effect; 54 (w) the amendments to paragraph a of subdivision 5-a of section 401 of 55 the vehicle and traffic law made by section nine-a of this act shall not 56 affect the expiration of such paragraph and shall be deemed to expireA. 4327--A 30 1 therewith, when upon such date the provisions of section nine-b of this 2 act shall take effect; 3 (x) the amendments to paragraph a of subdivision 5-a of section 401 of 4 the vehicle and traffic law made by section nine-b of this act shall not 5 affect the expiration of such paragraph and shall be deemed to expire 6 therewith, when upon such date the provisions of section nine-c of this 7 act shall take effect; 8 (y) the amendments to subdivision 1 of section 1809 of the vehicle and 9 traffic law made by section eleven of this act shall not affect the 10 expiration of such subdivision and shall be deemed to expire therewith, 11 when upon such date the provisions of section eleven-a of this act shall 12 take effect; 13 (z) the amendments to subdivision 1 of section 1809 of the vehicle and 14 traffic law made by section eleven-a of this act shall not affect the 15 expiration of such subdivision and shall be deemed to expire therewith, 16 when upon such date the provisions of section eleven-b of this act shall 17 take effect; 18 (aa) the amendments to subdivision 1 of section 1809 of the vehicle 19 and traffic law made by section eleven-b of this act shall not affect 20 the expiration of such subdivision and shall be deemed to expire there- 21 with, when upon such date the provisions of section eleven-c of this act 22 shall take effect; 23 (bb) the amendments to paragraph a of subdivision 1 of section 1809-e 24 of the vehicle and traffic law made by section twelve of this act shall 25 not affect the expiration of such paragraph and shall be deemed to 26 expire therewith, when upon such date the provisions of section twelve-a 27 of this act shall take effect; and 28 (cc) the amendments to paragraph a of subdivision 1 of section 1809-e 29 of the vehicle and traffic law made by section twelve-a of this act 30 shall not affect the expiration of such paragraph and shall be deemed to 31 expire therewith, when upon such date the provisions of section twelve-b 32 of this act shall take effect; and 33 (dd) the amendments to paragraph a of subdivision 1 of section 1809-e 34 of the vehicle and traffic law made by section twelve-b of this act 35 shall not affect the expiration of such paragraph and shall be deemed to 36 expire therewith, when upon such date the provisions of section twelve-c 37 of this act shall take effect.