Amd V & T L, generally; amd §87, Pub Off L; add §371-a, Gen Muni L
 
Relates to the adjudication of certain traffic infractions and notices of liability involving the use of photo monitoring devices; authorizes adjudication of traffic control signal indications in the village of Pelham Manor.
STATE OF NEW YORK
________________________________________________________________________
1145--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Transportation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law, the general municipal law
and the public officers law, in relation to certain traffic infrac-
tions and notices of liability; to amend the vehicle and traffic law,
in relation to adjudications and owner liability for a violation of
traffic-control signal indications in the village of Pelham Manor; to
repeal certain provisions of the vehicle and traffic law relating
thereto; and providing for the repeal of certain provisions upon expi-
ration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 235 of the vehicle and traffic law is REPEALED and
2 a new section 235 is added to read as follows:
3 § 235. Jurisdiction. 1. Notwithstanding any inconsistent provision of
4 any general, special or local law or administrative code to the contra-
5 ry, in any city which heretofore or hereafter is authorized to establish
6 an administrative tribunal: (a) to hear and determine complaints of
7 traffic infractions constituting parking, standing or stopping
8 violations, or (b) to adjudicate the liability of owners for violations
9 of subdivision (d) of section eleven hundred eleven of this chapter
10 imposed pursuant to a local law or ordinance imposing monetary liability
11 on the owner of a vehicle for failure of an operator thereof to comply
12 with traffic-control indications through the installation and operation
13 of traffic-control signal photo violation-monitoring systems, in accord-
14 ance with article twenty-four of this chapter, or (c) to adjudicate the
15 liability of owners for violations of subdivision (b), (c), (d), (f) or
16 (g) of section eleven hundred eighty of this chapter imposed pursuant to
17 a demonstration program imposing monetary liability on the owner of a
18 vehicle for failure of an operator thereof to comply with such posted
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02079-08-1
A. 1145--A 2
1 maximum speed limits through the installation and operation of photo
2 speed violation monitoring systems, in accordance with article thirty of
3 this chapter, or (d) to adjudicate the liability of owners for
4 violations of bus lane restrictions as defined by article twenty-four of
5 this chapter imposed pursuant to a bus rapid transit program imposing
6 monetary liability on the owner of a vehicle for failure of an operator
7 thereof to comply with such bus lane restrictions through the installa-
8 tion and operation of bus lane photo devices, in accordance with article
9 twenty-four of this chapter, or (e) to adjudicate the liability of
10 owners for violations of toll collection regulations imposed by certain
11 public authorities pursuant to the law authorizing such public authori-
12 ties to impose monetary liability on the owner of a vehicle for failure
13 of an operator thereof to comply with toll collection regulations of
14 such public authorities through the installation and operation of
15 photo-monitoring systems, in accordance with the provisions of section
16 two thousand nine hundred eighty-five of the public authorities law and
17 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
18 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
19 the liability of owners for violations of section eleven hundred seven-
20 ty-four of this chapter when meeting a school bus marked and equipped as
21 provided in subdivisions twenty and twenty-one-c of section three
22 hundred seventy-five of this chapter imposed pursuant to a local law or
23 ordinance imposing monetary liability on the owner of a vehicle for
24 failure of an operator thereof to comply with school bus red visual
25 signals through the installation and operation of school bus photo
26 violation monitoring systems, in accordance with article twenty-nine of
27 this chapter, such tribunal and the rules and regulations pertaining
28 thereto shall be constituted in substantial conformance with the follow-
29 ing sections.
30 2. Notwithstanding any inconsistent provision of any general, special
31 or local law or administrative code to the contrary, any city with a
32 population in excess of one hundred thousand persons according to the
33 nineteen hundred eighty United States census hereinafter referred to as
34 a city shall provide notice of parking violations and of the imposition
35 of additional penalties whenever the person who is liable therefor fails
36 to respond to the parking ticket in the manner designated thereon. Such
37 notice shall be in substantial conformance with the following
38 provisions:
39 a. Notice. (1) Whenever a city issues a notice of violation for a
40 parking violation, it shall be served in the manner prescribed by subdi-
41 vision two of section two hundred thirty-eight of this article.
42 (2) Whenever a person has been issued a notice of violation for a
43 parking violation and has not responded in the manner described in the
44 notice, a city shall give the owner a second notice of the violation by
45 regular first class mail: (i) within forty days of issuance of the first
46 notice of violation for a parking violation where the vehicle is a vehi-
47 cle registered in this state; or (ii) within forty days of the receipt
48 by such city of the name and address of the owner of the vehicle where
49 the vehicle is a vehicle registered in any other state. Such second
50 notice shall include, but not be limited to, the following information:
51 (A) that the owner has a period of twenty days from issuance of the
52 second notice in which to respond to the notice of violation for a park-
53 ing violation;
54 (B) that failure to respond to the notice of violation for a parking
55 violation may result in the suspension and non-renewal of the owner's
56 registration;
A. 1145--A 3
1 (C) that failure to respond to the notice of violation for a parking
2 violation may subject the owner to additional penalties as provided in
3 paragraph b of this subdivision;
4 (D) that failure to respond to the notice of violation for a parking
5 violation shall subject the owner to a default judgment as provided in
6 paragraph c of this subdivision and the additional penalties imposed
7 upon parking violations pursuant to paragraph b of this subdivision; and
8 (E) that submission of a plea of guilty to the parking violation makes
9 the owner liable for payment of the stated fine and additional penalties
10 imposed pursuant to paragraph b of this subdivision and the mandatory
11 surcharge of fifteen dollars imposed upon parking violations pursuant to
12 section eighteen hundred nine-a of this chapter.
13 b. Additional penalties. (1) For the purposes of this paragraph, each
14 locality shall determine an initial response date of not less than eight
15 days nor more than thirty days, after which time a penalty may be
16 imposed. The liability for such initial penalty shall commence on the
17 date following the initial response date.
18 (2) Failure to respond to a notice of violation for a parking
19 violation by the initial response date may result in the liability for a
20 penalty in an amount of the fine indicated on the notice of violation
21 for a parking violation; where a city has given a second notice pursuant
22 to paragraph a of this subdivision, the following schedule of additional
23 penalties may apply:
24 (A) failure to respond to a notice of violation for a parking
25 violation by the initial response date may result in the liability for
26 an additional penalty not to exceed ten dollars or, if the first penalty
27 assessed by a city does not exceed five dollars, such city may assess an
28 additional penalty within thirty-one to seventy-five days not to exceed
29 ten dollars; and
30 (B) where a city has given a second notice pursuant to paragraph a of
31 this subdivision failure to respond to a notice of violation for a park-
32 ing violation within seventy-five days may result in the liability,
33 commencing on the seventy-sixth day, for an additional penalty not to
34 exceed twenty dollars.
35 (3) Where the additional penalty schedule set forth in subparagraph
36 two of this paragraph, as interpreted in 9 New York Code of Rules and
37 Regulations Part 6180, has not been implemented by a city and is not in
38 effect in such city on or before January first, nineteen hundred nine-
39 ty-three, the provisions of this paragraph shall not apply. For the
40 purposes of this subdivision, the provisions of this paragraph shall not
41 be considered to have been implemented and in effect unless the penalty
42 schedule contained herein shall have been applied to parking violations
43 issued in such city on or before January first, nineteen hundred nine-
44 ty-three.
45 b-1. Alternate additional penalty schedule. In any city in which the
46 schedule of penalties contained in subparagraph two of paragraph b of
47 this subdivision, as interpreted in 9 New York Code of Rules and Regu-
48 lations Part 6180, has not been implemented and was not in effect on or
49 before January first, nineteen hundred ninety-three, the provisions of
50 this paragraph shall only apply upon enactment of a local law containing
51 the penalty schedule provided in this paragraph prior to March 28, 1993.
52 Following the enactment of such a local law, such city may elect to
53 impose the additional penalties set forth in subparagraphs one and two
54 of this paragraph for failure to respond to a notice of violation for a
55 parking violation in accordance with this paragraph. In the event that
56 no such local law was enacted prior to March 28, 1993, the alternate
A. 1145--A 4
1 additional penalty schedule set forth in paragraph b-2 of this subdivi-
2 sion shall apply.
3 (1) Failure to respond to a notice of violation for a parking
4 violation within thirty days shall result in liability, commencing on
5 the thirty-first day, for an additional penalty in an amount not to
6 exceed ten dollars, indicated on the notice of violation for a parking
7 violation; where a city has given a second notice pursuant to paragraph
8 a of this subdivision failure to respond to a notice of violation for a
9 parking violation within forty-five days may result in liability,
10 commencing on the forty-sixth day, for the penalty prescribed above for
11 failure to respond within thirty days and an additional penalty not to
12 exceed twenty dollars; and where a city has given a second notice pursu-
13 ant to paragraph a of this subdivision failure to respond to a notice of
14 violation for a parking violation within seventy-five days may result in
15 liability, commencing on the seventy-sixth day, for the penalties
16 prescribed above for failure to respond within thirty days and for fail-
17 ure to respond within forty-five days and an additional penalty not to
18 exceed thirty dollars.
19 (2) Notwithstanding the foregoing schedule of alternative additional
20 penalties, if an owner makes a plea or appears within twenty days after
21 issuance of a second notice of violation in accordance with paragraph a
22 of this subdivision, or prior to such mailing, such additional penalty
23 shall not exceed ten dollars.
24 b-2. Alternate additional penalty schedule. In any city in which the
25 schedule of penalties contained in paragraph b of this subdivision, as
26 interpreted in 9 New York Code of Rules and Regulations Part 6180, has
27 not been implemented and was not in effect on or before January first,
28 nineteen hundred ninety-three and which has not enacted a local law
29 pursuant to paragraph b-1 of this subdivision prior to March 28, 1993,
30 the following alternate additional penalty schedule shall apply:
31 (1) Failure to respond to a notice of violation for a parking
32 violation within eight days may result in the liability, commencing on
33 the ninth day, for an additional penalty in an amount not to exceed five
34 dollars;
35 (2) Failure to respond to a notice of violation for a parking
36 violation within thirty days may result in the liability, commencing on
37 the thirty-first day, for the penalty prescribed above for failure to
38 respond within eight days and an additional penalty not to exceed ten
39 dollars or, if the first penalty assessed by the city does not exceed
40 five dollars, such city may assess an additional penalty within thirty-
41 one to seventy-five days not to exceed ten dollars;
42 (3) Where a city has given a second notice pursuant to paragraph a of
43 this subdivision failure to respond to a notice of violation for a park-
44 ing violation within seventy-five days may result in the liability,
45 commencing on the seventy-sixth day, for the penalties prescribed above
46 for failure to respond within eight days and for failure to respond
47 within thirty days and an additional penalty not to exceed twenty
48 dollars; and
49 (4) Notwithstanding the foregoing schedule of alternate penalties, if
50 an owner makes a plea or appears within twenty days after issuance of a
51 second notice of violation in accordance with paragraph a of this subdi-
52 vision, or prior to such mailing, such additional penalty shall not
53 exceed five dollars.
54 c. Default judgment. Where a city has given notice pursuant to para-
55 graph a of this subdivision, failure to respond to a notice of violation
56 for a parking violation within ninety days shall be deemed an admission
A. 1145--A 5
1 of liability and shall subject the owner to a default judgment being
2 entered thereon in an amount not greater than the amount of the original
3 fine and accrued penalties plus any applicable surcharges. Such default
4 shall be reported to the department which department shall cause a
5 suspension and non-renewal of the owner's registration pursuant to the
6 provisions of subdivision four-c of section five hundred ten of this
7 chapter.
8 3. Nothing set forth in this article shall be construed to authorize
9 the imposition of monetary liability on the owner of a vehicle for fail-
10 ure of an operator thereof to comply with any provision of law, rule or
11 regulation through the installation and operation of a photo enforcement
12 device or system, except as otherwise explicitly authorized by article
13 twenty-four, twenty-nine or thirty of this chapter, by section two thou-
14 sand nine hundred eighty-five of the public authorities law, or by
15 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
16 seventy-four of the laws of nineteen hundred fifty, nor be construed to
17 grant any municipality the authority to establish by local law, ordi-
18 nance, order, rule, regulation, resolution or any other means, an admin-
19 istrative tribunal to hear and determine complaints of traffic infrac-
20 tions or jurisdiction to adjudicate any liability set forth in
21 subdivision one of this section.
22 § 2. Subdivision 1 of section 236 of the vehicle and traffic law is
23 REPEALED and a new subdivision 1 is added to read as follows:
24 1. Creation. In any city as hereinbefore or hereafter authorized such
25 tribunal when created shall be known as the parking violations bureau
26 and shall have jurisdiction of traffic infractions which constitute a
27 parking violation and, where authorized: (a) to adjudicate the liability
28 of owners for violations of subdivision (d) of section eleven hundred
29 eleven of this chapter imposed pursuant to a local law or ordinance
30 imposing monetary liability on the owner of a vehicle for failure of an
31 operator thereof to comply with traffic-control indications through the
32 installation and operation of traffic-control signal photo violation-
33 monitoring systems, in accordance with article twenty-four of this chap-
34 ter, or (b) to adjudicate the liability of owners for violations of
35 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
36 of this chapter imposed pursuant to a demonstration program imposing
37 monetary liability on the owner of a vehicle for failure of an operator
38 thereof to comply with such posted maximum speed limits through the
39 installation and operation of photo speed violation monitoring systems,
40 in accordance with article thirty of this chapter, or (c) to adjudicate
41 the liability of owners for violations of bus lane restrictions as
42 defined by article twenty-four of this chapter imposed pursuant to a bus
43 rapid transit program imposing monetary liability on the owner of a
44 vehicle for failure of an operator thereof to comply with such bus lane
45 restrictions through the installation and operation of bus lane photo
46 devices, in accordance with article twenty-four of this chapter, or (d)
47 to adjudicate the liability of owners for violations of toll collection
48 regulations imposed by certain public authorities pursuant to the law
49 authorizing such public authorities to impose monetary liability on the
50 owner of a vehicle for failure of an operator thereof to comply with
51 toll collection regulations of such public authorities through the
52 installation and operation of photo-monitoring systems, in accordance
53 with the provisions of section two thousand nine hundred eighty-five of
54 the public authorities law and sections sixteen-a, sixteen-b and
55 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
56 hundred fifty, or (e) to adjudicate the liability of owners for
A. 1145--A 6
1 violations of section eleven hundred seventy-four of this chapter when
2 meeting a school bus marked and equipped as provided in subdivisions
3 twenty and twenty-one-c of section three hundred seventy-five of this
4 chapter imposed pursuant to a local law or ordinance imposing monetary
5 liability on the owner of a vehicle for failure of an operator thereof
6 to comply with school bus red visual signals through the installation
7 and operation of school bus photo violation monitoring systems, in
8 accordance with article twenty-nine of this chapter. Such tribunal,
9 except in a city with a population of one million or more, shall also
10 have jurisdiction of abandoned vehicle violations. For the purposes of
11 this article, a parking violation is the violation of any law, rule or
12 regulation providing for or regulating the parking, stopping or standing
13 of a vehicle. In addition for purposes of this article, "commissioner"
14 shall mean and include the commissioner of traffic of the city or an
15 official possessing authority as such a commissioner.
16 § 3. Paragraph f of subdivision 1 of section 239 of the vehicle and
17 traffic law is REPEALED and a new paragraph f is added to read as
18 follows:
19 f. "Notice of violation" means a notice of violation as defined in
20 subdivision nine of section two hundred thirty-seven of this article,
21 but shall not be deemed to include a notice of liability issued pursuant
22 to authorization set forth in articles twenty-four, twenty-nine and
23 thirty of this chapter, section two thousand nine hundred eighty-five of
24 the public authorities law and sections sixteen-a, sixteen-b and
25 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
26 hundred fifty to impose monetary liability on the owner of a vehicle for
27 failure of an operator thereof: to comply with traffic-control indi-
28 cations in violation of subdivision (d) of section eleven hundred eleven
29 of this chapter through the installation and operation of traffic-con-
30 trol signal photo violation-monitoring systems, in accordance with arti-
31 cle twenty-four of this chapter; or to comply with certain posted maxi-
32 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
33 of section eleven hundred eighty of this chapter through the installa-
34 tion and operation of photo speed violation monitoring systems, in
35 accordance with article thirty of this chapter; or to comply with bus
36 lane restrictions as defined by article twenty-four of this chapter
37 through the installation and operation of bus lane photo devices, in
38 accordance with article twenty-four of this chapter; or to comply with
39 toll collection regulations of certain public authorities through the
40 installation and operation of photo-monitoring systems, in accordance
41 with the provisions of section two thousand nine hundred eighty-five of
42 the public authorities law and sections sixteen-a, sixteen-b and
43 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
44 hundred fifty; or to stop for a school bus displaying a red visual
45 signal in violation of section eleven hundred seventy-four of this chap-
46 ter through the installation and operation of school bus photo violation
47 monitoring systems, in accordance with article twenty-nine of this chap-
48 ter.
49 § 4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
50 law are REPEALED and two new subdivisions 1 and 1-a are added to read as
51 follows:
52 1. Notice of hearing. Whenever a person charged with a parking
53 violation enters a plea of not guilty; or a person alleged to be liable
54 in accordance with any provisions of law specifically authorizing the
55 imposition of monetary liability on the owner of a vehicle for failure
56 of an operator thereof: to comply with traffic-control indications in
A. 1145--A 7
1 violation of subdivision (d) of section eleven hundred eleven of this
2 chapter through the installation and operation of traffic-control signal
3 photo violation-monitoring systems, in accordance with article twenty-
4 four of this chapter; or to comply with certain posted maximum speed
5 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
6 eleven hundred eighty of this chapter through the installation and oper-
7 ation of photo speed violation monitoring systems, in accordance with
8 article thirty of this chapter; or to comply with bus lane restrictions
9 as defined by article twenty-four of this chapter through the installa-
10 tion and operation of bus lane photo devices, in accordance with article
11 twenty-four of this chapter; or to comply with toll collection regu-
12 lations of certain public authorities through the installation and oper-
13 ation of photo-monitoring systems, in accordance with the provisions of
14 section two thousand nine hundred eighty-five of the public authorities
15 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
16 hundred seventy-four of the laws of nineteen hundred fifty; or to stop
17 for a school bus displaying a red visual signal in violation of section
18 eleven hundred seventy-four of this chapter through the installation and
19 operation of school bus photo violation monitoring systems, in accord-
20 ance with article twenty-nine of this chapter, contests such allegation,
21 the bureau shall advise such person personally by such form of first
22 class mail as the director may direct of the date on which he or she
23 must appear to answer the charge at a hearing. The form and content of
24 such notice of hearing shall be prescribed by the director, and shall
25 contain a warning to advise the person so pleading or contesting that
26 failure to appear on the date designated, or on any subsequent adjourned
27 date, shall be deemed an admission of liability, and that a default
28 judgment may be entered thereon.
29 1-a. Fines and penalties. Whenever a plea of not guilty has been
30 entered, or the bureau has been notified that an allegation of liability
31 in accordance with provisions of law specifically authorizing the impo-
32 sition of monetary liability on the owner of a vehicle for failure of an
33 operator thereof: to comply with traffic-control indications in
34 violation of subdivision (d) of section eleven hundred eleven of this
35 chapter through the installation and operation of traffic-control signal
36 photo violation-monitoring systems, in accordance with article twenty-
37 four of this chapter; or to comply with certain posted maximum speed
38 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
39 eleven hundred eighty of this chapter through the installation and
40 operation of photo speed violation monitoring systems, in accordance
41 with article thirty of this chapter; or to comply with bus lane
42 restrictions as defined by article twenty-four of this chapter through
43 the installation and operation of bus lane photo devices, in accordance
44 with article twenty-four of this chapter; or to comply with toll
45 collection regulations of certain public authorities through the instal-
46 lation and operation of photo-monitoring systems, in accordance with the
47 provisions of section two thousand nine hundred eighty-five of the
48 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
49 of chapter seven hundred seventy-four of the laws of nineteen hundred
50 fifty; or to stop for a school bus displaying a red visual signal in
51 violation of section eleven hundred seventy-four of this chapter through
52 the installation and operation of school bus photo violation monitoring
53 systems, in accordance with article twenty-nine of this chapter, is
54 being contested, by a person in a timely fashion and a hearing upon the
55 merits has been demanded, but has not yet been held, the bureau shall
A. 1145--A 8
1 not issue any notice of fine or penalty to that person prior to the date
2 of the hearing.
3 § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
4 and traffic law are REPEALED and two new paragraphs a and g are added to
5 read as follows:
6 a. Every hearing for the adjudication of a charge of parking violation
7 or an allegation of liability of an owner for a violation of subdivision
8 (d) of section eleven hundred eleven of this chapter imposed pursuant to
9 a local law or ordinance imposing monetary liability on the owner of a
10 vehicle for failure of an operator thereof to comply with traffic-con-
11 trol indications through the installation and operation of traffic-con-
12 trol signal photo violation-monitoring systems, in accordance with arti-
13 cle twenty-four of this chapter, or an allegation of liability of an
14 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
15 section eleven hundred eighty of this chapter imposed pursuant to a
16 demonstration program imposing monetary liability on the owner of a
17 vehicle for failure of an operator thereof to comply with certain posted
18 maximum speed limits through the installation and operation of photo
19 speed violation monitoring systems, in accordance with article thirty of
20 this chapter, or an allegation of liability of an owner for a violation
21 of bus lane restrictions as defined by article twenty-four of this chap-
22 ter imposed pursuant to a bus rapid transit program imposing monetary
23 liability on the owner of a vehicle for failure of an operator thereof
24 to comply with such bus lane restrictions through the installation and
25 operation of bus lane photo devices, in accordance with article twenty-
26 four of this chapter, or an allegation of liability of an owner for a
27 violation of toll collection regulations imposed by certain public
28 authorities pursuant to the law authorizing such public authorities to
29 impose monetary liability on the owner of a vehicle for failure of an
30 operator thereof to comply with toll collection regulations of such
31 public authorities through the installation and operation of photo-moni-
32 toring systems, in accordance with the provisions of section two thou-
33 sand nine hundred eighty-five of the public authorities law and sections
34 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
35 of the laws of nineteen hundred fifty, or an allegation of liability of
36 an owner for a violation of section eleven hundred seventy-four of this
37 chapter when meeting a school bus marked and equipped as provided in
38 subdivisions twenty and twenty-one-c of section three hundred seventy-
39 five of this chapter imposed pursuant to a local law or ordinance impos-
40 ing monetary liability on the owner of a vehicle for failure of an oper-
41 ator thereof to comply with school bus red visual signals through the
42 installation and operation of school bus photo violation monitoring
43 systems, in accordance with article twenty-nine of this chapter, shall
44 be held before a hearing examiner in accordance with rules and regu-
45 lations promulgated by the bureau.
46 g. A record shall be made of a hearing on a plea of not guilty or of a
47 hearing at which liability in accordance with any provisions of law
48 specifically authorizing the imposition of monetary liability on the
49 owner of a vehicle for failure of an operator thereof: to comply with
50 traffic-control indications in violation of subdivision (d) of section
51 eleven hundred eleven of this chapter through the installation and oper-
52 ation of traffic-control signal photo violation-monitoring systems, in
53 accordance with article twenty-four of this chapter; to comply with
54 certain posted maximum speed limits in violation of subdivision (b),
55 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
56 through the installation and operation of photo speed violation monitor-
A. 1145--A 9
1 ing systems, in accordance with article thirty of this chapter; to
2 comply with bus lane restrictions as defined by article twenty-four of
3 this chapter through the installation and operation of bus lane photo
4 devices, in accordance with article twenty-four of this chapter; to
5 comply with toll collection regulations of certain public authorities
6 through the installation and operation of photo-monitoring systems, in
7 accordance with the provisions of section two thousand nine hundred
8 eighty-five of the public authorities law and sections sixteen-a,
9 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
10 laws of nineteen hundred fifty; or to stop for a school bus displaying a
11 red visual signal in violation of section eleven hundred seventy-four of
12 this chapter through the installation and operation of school bus photo
13 violation monitoring systems, in accordance with article twenty-nine of
14 this chapter, is contested. Recording devices may be used for the
15 making of the record.
16 § 6. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
17 law are REPEALED and two new subdivisions 1 and 2 are added to read as
18 follows:
19 1. The hearing examiner shall make a determination on the charges,
20 either sustaining or dismissing them. Where the hearing examiner deter-
21 mines that the charges have been sustained he or she may examine either
22 the prior parking violations record or the record of liabilities
23 incurred in accordance with any provisions of law specifically authoriz-
24 ing the imposition of monetary liability on the owner of a vehicle for
25 failure of an operator thereof: to comply with traffic-control indi-
26 cations in violation of subdivision (d) of section eleven hundred eleven
27 of this chapter through the installation and operation of traffic-con-
28 trol signal photo violation-monitoring systems, in accordance with arti-
29 cle twenty-four of this chapter; to comply with certain posted maximum
30 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of
31 section eleven hundred eighty of this chapter through the installation
32 and operation of photo speed violation monitoring systems, in accordance
33 with article thirty of this chapter; to comply with bus lane
34 restrictions as defined by article twenty-four of this chapter through
35 the installation and operation of bus lane photo devices, in accordance
36 with article twenty-four of this chapter; to comply with toll collection
37 regulations of certain public authorities through the installation and
38 operation of photo-monitoring systems, in accordance with the provisions
39 of section two thousand nine hundred eighty-five of the public authori-
40 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
41 seven hundred seventy-four of the laws of nineteen hundred fifty; or to
42 stop for a school bus displaying a red visual signal in violation of
43 section eleven hundred seventy-four of this chapter through the instal-
44 lation and operation of school bus photo violation monitoring systems,
45 in accordance with article twenty-nine of this chapter, of the person
46 charged, as applicable prior to rendering a final determination. Final
47 determinations sustaining or dismissing charges shall be entered on a
48 final determination roll maintained by the bureau together with records
49 showing payment and nonpayment of penalties.
50 2. Where an operator or owner fails to enter a plea to a charge of a
51 parking violation or contest an allegation of liability in accordance
52 with any provisions of law specifically authorizing the imposition of
53 monetary liability on the owner of a vehicle for failure of an operator
54 thereof: to comply with traffic-control indications in violation of
55 subdivision (d) of section eleven hundred eleven of this chapter through
56 the installation and operation of traffic-control signal photo viola-
A. 1145--A 10
1 tion-monitoring systems, in accordance with article twenty-four of this
2 chapter; to comply with certain posted maximum speed limits in violation
3 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
4 eighty of this chapter through the installation and operation of photo
5 speed violation monitoring systems, in accordance with article thirty of
6 this chapter; to comply with bus lane restrictions as defined by article
7 twenty-four of this chapter through the installation and operation of
8 bus lane photo devices, in accordance with article twenty-four of this
9 chapter; to comply with toll collection regulations of certain public
10 authorities through the installation and operation of photo-monitoring
11 systems, in accordance with the provisions of section two thousand nine
12 hundred eighty-five of the public authorities law and sections
13 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
14 of the laws of nineteen hundred fifty; or to stop for a school bus
15 displaying a red visual signal in violation of section eleven hundred
16 seventy-four of this chapter through the installation and operation of
17 school bus photo violation monitoring systems, in accordance with arti-
18 cle twenty-nine of this chapter, or fails to appear on a designated
19 hearing date or subsequent adjourned date or fails after a hearing to
20 comply with the determination of a hearing examiner, as prescribed by
21 this article or by rule or regulation of the bureau, such failure to
22 plead or contest, appear or comply shall be deemed, for all purposes, an
23 admission of liability and shall be grounds for rendering and entering a
24 default judgment in an amount provided by the rules and regulations of
25 the bureau. However, after the expiration of the original date
26 prescribed for entering a plea and before a default judgment may be
27 rendered, in such case the bureau shall pursuant to the applicable
28 provisions of law notify such operator or owner, by such form of first
29 class mail as the commission may direct; (1) of the violation charged,
30 or liability alleged in accordance with any provisions of law specif-
31 ically authorizing the imposition of monetary liability on the owner of
32 a vehicle for failure of an operator thereof: to comply with traffic-
33 control indications in violation of subdivision (d) of section eleven
34 hundred eleven of this chapter through the installation and operation of
35 traffic-control signal photo violation-monitoring systems, in accordance
36 with article twenty-four of this chapter; to comply with certain posted
37 maximum speed limits in violation of subdivisions (b), (c), (d), (f) or
38 (g) of section eleven hundred eighty of this chapter through the instal-
39 lation and operation of photo speed violation monitoring systems, in
40 accordance with article thirty of this chapter; to comply with bus lane
41 restrictions as defined by article twenty-four of this chapter through
42 the installation and operation of bus lane photo devices, in accordance
43 with article twenty-four of this chapter; to comply with toll collection
44 regulations of certain public authorities through the installation and
45 operation of photo-monitoring systems, in accordance with the provisions
46 of section two thousand nine hundred eighty-five of the public authori-
47 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
48 seven hundred seventy-four of the laws of nineteen hundred fifty; or to
49 stop for a school bus displaying a red visual signal in violation of
50 section eleven hundred seventy-four of this chapter through the instal-
51 lation and operation of school bus photo violation monitoring systems,
52 in accordance with article twenty-nine of this chapter, (2) of the
53 impending default judgment, (3) that such judgment will be entered in
54 the Civil Court of the city in which the bureau has been established, or
55 other court of civil jurisdiction or any other place provided for the
56 entry of civil judgments within the state of New York, and (4) that a
A. 1145--A 11
1 default may be avoided by entering a plea or contesting an allegation of
2 liability in accordance with any provisions of law specifically author-
3 izing the imposition of monetary liability on the owner of a vehicle for
4 failure of an operator thereof: to comply with traffic-control indi-
5 cations in violation of subdivision (d) of section eleven hundred eleven
6 of this chapter through the installation and operation of traffic-con-
7 trol signal photo violation-monitoring systems, in accordance with arti-
8 cle twenty-four of this chapter; to comply with certain posted maximum
9 speed limits in violation of subdivisions (b), (c), (d), (f) or (g) of
10 section eleven hundred eighty of this chapter through the installation
11 and operation of photo speed violation monitoring systems, in accordance
12 with article thirty of this chapter; to comply with bus lane
13 restrictions as defined by article twenty-four of this chapter through
14 the installation and operation of bus lane photo devices, in accordance
15 with article twenty-four of this chapter; to comply with toll collection
16 regulations of certain public authorities through the installation and
17 operation of photo-monitoring systems, in accordance with the provisions
18 of section two thousand nine hundred eighty-five of the public authori-
19 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
20 seven hundred seventy-four of the laws of nineteen hundred fifty; or to
21 stop for a school bus displaying a red visual signal in violation of
22 section eleven hundred seventy-four of this chapter through the instal-
23 lation and operation of school bus photo violation monitoring systems,
24 in accordance with article twenty-nine of this chapter, or making an
25 appearance within thirty days of the sending of such notice. Pleas
26 entered and allegations contested within that period shall be in the
27 manner prescribed in the notice and not subject to additional penalty or
28 fee. Such notice of impending default judgment shall not be required
29 prior to the rendering and entry thereof in the case of operators or
30 owners who are non-residents of the state of New York. In no case shall
31 a default judgment be rendered or, where required, a notice of impending
32 default judgment be sent, more than two years after the expiration of
33 the time prescribed for entering a plea or contesting an allegation.
34 When a person has demanded a hearing, no fine or penalty shall be
35 imposed for any reason, prior to the holding of the hearing. If the
36 hearing examiner shall make a determination on the charges, sustaining
37 them, he or she shall impose no greater penalty or fine than those upon
38 which the person was originally charged.
39 § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle and
40 traffic law is REPEALED and a new paragraph a is added to read as
41 follows:
42 a. (i) If at the time of application for a registration or renewal
43 thereof there is a certification from a court, parking violations
44 bureau, traffic and parking violations agency or administrative tribunal
45 of appropriate jurisdiction that the registrant or his or her represen-
46 tative failed to appear on the return date or any subsequent adjourned
47 date or failed to comply with the rules and regulations of an adminis-
48 trative tribunal following entry of a final decision in response to a
49 total of three or more summonses or other process in the aggregate,
50 issued within an eighteen month period, charging either that: (i) such
51 motor vehicle was parked, stopped or standing, or that such motor vehi-
52 cle was operated for hire by the registrant or his or her agent without
53 being licensed as a motor vehicle for hire by the appropriate local
54 authority, in violation of any of the provisions of this chapter or of
55 any law, ordinance, rule or regulation made by a local authority; or
56 (ii) the registrant was liable for a violation of subdivision (d) of
A. 1145--A 12
1 section eleven hundred eleven of this chapter imposed pursuant to a
2 local law or ordinance imposing monetary liability on the owner of a
3 vehicle for failure of an operator thereof to comply with traffic-con-
4 trol indications through the installation and operation of traffic-con-
5 trol signal photo violation-monitoring systems, in accordance with arti-
6 cle twenty-four of this chapter; or (iii) the registrant was liable for
7 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
8 hundred eighty of this chapter imposed pursuant to a demonstration
9 program imposing monetary liability on the owner of a vehicle for fail-
10 ure of an operator thereof to comply with such posted maximum speed
11 limits through the installation and operation of photo speed violation
12 monitoring systems, in accordance with article thirty of this chapter;
13 or (iv) the registrant was liable for a violation of bus lane
14 restrictions as defined by article twenty-four of this chapter imposed
15 pursuant to a bus rapid transit program imposing monetary liability on
16 the owner of a vehicle for failure of an operator thereof to comply with
17 such bus lane restrictions through the installation and operation of bus
18 lane photo devices, in accordance with article twenty-four of this chap-
19 ter; or (v) the registrant was liable for a violation of section eleven
20 hundred seventy-four of this chapter when meeting a school bus marked
21 and equipped as provided in subdivisions twenty and twenty-one-c of
22 section three hundred seventy-five of this chapter imposed pursuant to a
23 local law or ordinance imposing monetary liability on the owner of a
24 vehicle for failure of an operator thereof to comply with school bus red
25 visual signals through the installation and operation of school bus
26 photo violation monitoring systems, in accordance with article twenty-
27 nine of this chapter, the commissioner or his or her agent shall deny
28 the registration or renewal application until the applicant provides
29 proof from the court, traffic and parking violations agency or adminis-
30 trative tribunal wherein the charges are pending that an appearance or
31 answer has been made or in the case of an administrative tribunal that
32 he or she has complied with the rules and regulations of said tribunal
33 following entry of a final decision. Where an application is denied
34 pursuant to this section, the commissioner may, in his or her
35 discretion, deny a registration or renewal application to any other
36 person for the same vehicle and may deny a registration or renewal
37 application for any other motor vehicle registered in the name of the
38 applicant where the commissioner has determined that such registrant's
39 intent has been to evade the purposes of this subdivision and where the
40 commissioner has reasonable grounds to believe that such registration or
41 renewal will have the effect of defeating the purposes of this subdivi-
42 sion. Such denial shall only remain in effect as long as the summonses
43 remain unanswered, or in the case of an administrative tribunal, the
44 registrant fails to comply with the rules and regulations following
45 entry of a final decision.
46 (ii) For purposes of this paragraph, the term "motor vehicle operated
47 for hire" shall mean and include a taxicab, livery, coach, limousine or
48 tow truck.
49 § 8. The opening paragraph and paragraph (c) of subdivision 1 of
50 section 1809 of the vehicle and traffic law, as separately amended by
51 section 10 of chapter 145 and section 9 of chapter 148 of the laws of
52 2019, are amended to read as follows:
53 Whenever proceedings in an administrative tribunal or a court of this
54 state result in a conviction for an offense 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 traffic
A. 1145--A 13
1 infraction involving standing, stopping, or parking or violations by
2 pedestrians or bicyclists[, or other than an adjudication of liability
3 of an owner for a violation of subdivision (d) of section eleven hundred
4 eleven of this chapter in accordance with section eleven hundred
5 eleven-a of this chapter, or other than an adjudication of liability of
6 an owner for a violation of subdivision (d) of section eleven hundred
7 eleven of this chapter in accordance with section eleven hundred
8 eleven-b of this chapter, or other than an adjudication in accordance
9 with section eleven hundred eleven-c of this chapter for a violation of
10 a bus lane restriction as defined in such section, or other than an
11 adjudication of liability of an owner for a violation of subdivision (d)
12 of section eleven hundred eleven of this chapter in accordance with
13 section eleven hundred eleven-d of this chapter, or other than an adju-
14 dication of liability of an owner for a violation of subdivision (b),
15 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
16 accordance with section eleven hundred eighty-b of this chapter, or
17 other than an adjudication of liability of an owner for a violation of
18 subdivision (d) of section eleven hundred eleven of this chapter in
19 accordance with section eleven hundred eleven-e of this chapter, or
20 other than an adjudication of liability of an owner for a violation of
21 section eleven hundred seventy-four of this chapter in accordance with
22 section eleven hundred seventy-four-a of this chapter, or other than an
23 adjudication of liability of an owner for a violation of subdivision
24 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
25 ter in accordance with section eleven hundred eighty-d of this chapter,]
26 and except as otherwise provided by subdivision one-a of this section,
27 there shall be levied a crime victim assistance fee and a mandatory
28 surcharge, in addition to any sentence required or permitted by law, in
29 accordance with the following schedule:
30 (c) Whenever proceedings in an administrative tribunal or a court of
31 this state result in a conviction for an offense under this chapter
32 other than a crime pursuant to section eleven hundred ninety-two of this
33 chapter, or a traffic infraction under this chapter, or a local law,
34 ordinance, rule or regulation adopted pursuant to this chapter, other
35 than a traffic infraction involving standing, stopping, or parking or
36 violations by pedestrians or bicyclists[, or other than an adjudication
37 of liability of an owner for a violation of subdivision (d) of section
38 eleven hundred eleven of this chapter in accordance with section eleven
39 hundred eleven-a of this chapter, or other than an adjudication of
40 liability of an owner for a violation of subdivision (d) of section
41 eleven hundred eleven of this chapter in accordance with section eleven
42 hundred eleven-b of this chapter, or other than an adjudication of
43 liability of an owner for a violation of subdivision (d) of section
44 eleven hundred eleven of this chapter in accordance with section eleven
45 hundred eleven-d of this chapter, or other than an infraction pursuant
46 to article nine of this chapter or other than an adjudication of liabil-
47 ity of an owner for a violation of toll collection regulations pursuant
48 to section two thousand nine hundred eighty-five of the public authori-
49 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
50 hundred seventy-four of the laws of nineteen hundred fifty or other than
51 an adjudication in accordance with section eleven hundred eleven-c of
52 this chapter for a violation of a bus lane restriction as defined in
53 such section, or other than an adjudication of liability of an owner for
54 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
55 hundred eighty of this chapter in accordance with section eleven hundred
56 eighty-b of this chapter, or other than an adjudication of liability of
A. 1145--A 14
1 an owner for a violation of subdivision (d) of section eleven hundred
2 eleven of this chapter in accordance with section eleven hundred
3 eleven-e of this chapter, or other than an adjudication of liability of
4 an owner for a violation of section eleven hundred seventy-four of this
5 chapter in accordance with section eleven hundred seventy-four-a of this
6 chapter, or other than an adjudication of liability of an owner for a
7 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
8 hundred eighty of this chapter in accordance with section eleven hundred
9 eighty-d of this chapter,] and except as otherwise provided by subdivi-
10 sion one-a of this section, there shall be levied a crime victim assist-
11 ance fee in the amount of five dollars and a mandatory surcharge, in
12 addition to any sentence required or permitted by law, in the amount of
13 fifty-five dollars.
14 § 8-a. The opening paragraph and paragraph (c) of subdivision 1 of
15 section 1809 of the vehicle and traffic law, as amended by section 10 of
16 chapter 145 of the laws of 2019, are amended to read as follows:
17 Whenever proceedings in an administrative tribunal or a court of this
18 state result in a conviction for an offense under this chapter or a
19 traffic infraction under this chapter, or a local law, ordinance, rule
20 or regulation adopted pursuant to this chapter, other than a traffic
21 infraction involving standing, stopping, or parking or violations by
22 pedestrians or bicyclists[, or other than an adjudication of liability
23 of an owner for a violation of subdivision (d) of section eleven hundred
24 eleven of this chapter in accordance with section eleven hundred
25 eleven-a of this chapter, or other than an adjudication of liability of
26 an owner for a violation of subdivision (d) of section eleven hundred
27 eleven of this chapter in accordance with section eleven hundred
28 eleven-b of this chapter, or other than an adjudication in accordance
29 with section eleven hundred eleven-c of this chapter for a violation of
30 a bus lane restriction as defined in such section, or other than an
31 adjudication of liability of an owner for a violation of subdivision (d)
32 of section eleven hundred eleven of this chapter in accordance with
33 section eleven hundred eleven-d of this chapter, or other than an adju-
34 dication of liability of an owner for a violation of subdivision (b),
35 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
36 accordance with section eleven hundred eighty-b of this chapter, or
37 other than an adjudication of liability of an owner for a violation of
38 subdivision (d) of section eleven hundred eleven of this chapter in
39 accordance with section eleven hundred eleven-e of this chapter, or
40 other than an adjudication of liability of an owner for a violation of
41 section eleven hundred seventy-four of this chapter in accordance with
42 section eleven hundred seventy-four-a of this chapter,] and except as
43 otherwise provided by subdivision one-a of this section, there shall be
44 levied a crime victim assistance fee and a mandatory surcharge, in addi-
45 tion to any sentence required or permitted by law, in accordance with
46 the following schedule:
47 (c) Whenever proceedings in an administrative tribunal or a court of
48 this state result in a conviction for an offense under this chapter
49 other than a crime pursuant to section eleven hundred ninety-two of this
50 chapter, or a traffic infraction under this chapter, or a local law,
51 ordinance, rule or regulation adopted pursuant to this chapter, other
52 than a traffic infraction involving standing, stopping, or parking or
53 violations by pedestrians or bicyclists[, or other than an adjudication
54 of liability of an owner for a violation of subdivision (d) of section
55 eleven hundred eleven of this chapter in accordance with section eleven
56 hundred eleven-a of this chapter, or other than an adjudication of
A. 1145--A 15
1 liability of an owner for a violation of subdivision (d) of section
2 eleven hundred eleven of this chapter in accordance with section eleven
3 hundred eleven-b of this chapter, or other than an adjudication of
4 liability of an owner for a violation of subdivision (d) of section
5 eleven hundred eleven of this chapter in accordance with section eleven
6 hundred eleven-d of this chapter, or other than an infraction pursuant
7 to article nine of this chapter or other than an adjudication of liabil-
8 ity of an owner for a violation of toll collection regulations pursuant
9 to section two thousand nine hundred eighty-five of the public authori-
10 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
11 hundred seventy-four of the laws of nineteen hundred fifty or other than
12 an adjudication in accordance with section eleven hundred eleven-c of
13 this chapter for a violation of a bus lane restriction as defined in
14 such section, or other than an adjudication of liability of an owner for
15 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
16 hundred eighty of this chapter in accordance with section eleven hundred
17 eighty-b of this chapter, or other than an adjudication of liability of
18 an owner for a violation of subdivision (d) of section eleven hundred
19 eleven of this chapter in accordance with section eleven hundred
20 eleven-e of this chapter, or other than an adjudication of liability of
21 an owner for a violation of section eleven hundred seventy-four of this
22 chapter in accordance with section eleven hundred seventy-four-a of this
23 chapter,] and except as otherwise provided by subdivision one-a of this
24 section, there shall be levied a crime victim assistance fee in the
25 amount of five dollars and a mandatory surcharge, in addition to any
26 sentence required or permitted by law, in the amount of fifty-five
27 dollars.
28 § 8-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
29 as separately amended by section 10-a of chapter 145 and section 9-a of
30 chapter 148 of the laws of 2019, is amended to read as follows:
31 1. Whenever proceedings in an administrative tribunal or a court of
32 this state result in a conviction for a crime under this chapter or a
33 traffic infraction under this chapter, or a local law, ordinance, rule
34 or regulation adopted pursuant to this chapter, other than a traffic
35 infraction involving standing, stopping, parking or motor vehicle equip-
36 ment or violations by pedestrians or bicyclists[, or other than an adju-
37 dication of liability of an owner for a violation of subdivision (d) of
38 section eleven hundred eleven of this chapter in accordance with section
39 eleven hundred eleven-a of this chapter, or other than an adjudication
40 of liability of an owner for a violation of subdivision (d) of section
41 eleven hundred eleven of this chapter in accordance with section eleven
42 hundred eleven-b of this chapter, or other than an adjudication in
43 accordance with section eleven hundred eleven-c of this chapter for a
44 violation of a bus lane restriction as defined in such section, or other
45 than an adjudication of liability of an owner for a violation of subdi-
46 vision (d) of section eleven hundred eleven of this chapter in accord-
47 ance with section eleven hundred eleven-d of this chapter, or other than
48 an adjudication of liability of an owner for a violation of subdivision
49 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
50 ter in accordance with section eleven hundred eighty-b of this chapter,
51 or other than an adjudication of liability of an owner for a violation
52 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
53 eighty of this chapter in accordance with section eleven hundred eight-
54 y-d of this chapter, or other than an adjudication of liability of an
55 owner for a violation of subdivision (d) of section eleven hundred elev-
56 en of this chapter in accordance with section eleven hundred eleven-e of
A. 1145--A 16
1 this chapter, or other than an adjudication of liability of an owner for
2 a violation of section eleven hundred seventy-four of this chapter in
3 accordance with section eleven hundred seventy-four-a of this chapter,]
4 and except as otherwise provided by subdivision one-a of this section,
5 there shall be levied a mandatory surcharge, in addition to any sentence
6 required or permitted by law, in the amount of twenty-five dollars.
7 § 8-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
8 as separately amended by section 10-b of chapter 145 and section 9-b of
9 chapter 148 of the laws of 2019, is amended to read as follows:
10 1. Whenever proceedings in an administrative tribunal or a court of
11 this state result in a conviction for a crime under this chapter or a
12 traffic infraction under this chapter other than a traffic infraction
13 involving standing, stopping, parking or motor vehicle equipment or
14 violations by pedestrians or bicyclists[, or other than an adjudication
15 in accordance with section eleven hundred eleven-c of this chapter for a
16 violation of a bus lane restriction as defined in such section, or other
17 than an adjudication of liability of an owner for a violation of subdi-
18 vision (d) of section eleven hundred eleven of this chapter in accord-
19 ance with section eleven hundred eleven-d of this chapter, or other than
20 an adjudication of liability of an owner for a violation of subdivision
21 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
22 ter in accordance with section eleven hundred eighty-d of this chapter,
23 or other than an adjudication of liability of an owner for a violation
24 of subdivision (d) of section eleven hundred eleven of this chapter in
25 accordance with section eleven hundred eleven-e of this chapter, or
26 other than an adjudication of liability of an owner for a violation of
27 section eleven hundred seventy-four of this chapter in accordance with
28 section eleven hundred seventy-four-a of this chapter,] and except as
29 otherwise provided by subdivision one-a of this section, there shall be
30 levied a mandatory surcharge, in addition to any sentence required or
31 permitted by law, in the amount of seventeen dollars.
32 § 8-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
33 as separately amended by section 10-c of chapter 145 and section 9-c of
34 chapter 148 of the laws of 2019, is amended to read as follows:
35 1. Whenever proceedings in an administrative tribunal or a court of
36 this state result in a conviction for a crime under this chapter or a
37 traffic infraction under this chapter other than a traffic infraction
38 involving standing, stopping, parking or motor vehicle equipment or
39 violations by pedestrians or bicyclists[, or other than an adjudication
40 of liability of an owner for a violation of subdivision (b), (c), (d),
41 (f) or (g) of section eleven hundred eighty of this chapter in accord-
42 ance with section eleven hundred eighty-b of this chapter, or other than
43 an adjudication of liability of an owner for a violation of subdivision
44 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
45 ter in accordance with section eleven hundred eighty-d of this chapter,
46 or other than an adjudication of liability of an owner for a violation
47 of subdivision (d) of section eleven hundred eleven of this chapter in
48 accordance with section eleven hundred eleven-d of this chapter, or
49 other than an adjudication of liability of an owner for a violation of
50 subdivision (d) of section eleven hundred eleven of this chapter in
51 accordance with section eleven hundred eleven-e of this chapter, or
52 other than an adjudication of liability of an owner for a violation of
53 section eleven hundred seventy-four of this chapter in accordance with
54 section eleven hundred seventy-four-a of this chapter,] and except as
55 otherwise provided by subdivision one-a of this section, there shall be
A. 1145--A 17
1 levied a mandatory surcharge, in addition to any sentence required or
2 permitted by law, in the amount of seventeen dollars.
3 § 8-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
4 as separately amended by section 10-d of chapter 145 and section 9-d of
5 chapter 148 of the laws of 2019, is amended to read as follows:
6 1. Whenever proceedings in an administrative tribunal or a court of
7 this state result in a conviction for a crime under this chapter or a
8 traffic infraction under this chapter other than a traffic infraction
9 involving standing, stopping, parking or motor vehicle equipment or
10 violations by pedestrians or bicyclists[, or other than an adjudication
11 of liability of an owner for a violation of subdivision (b), (c), (d),
12 (f) or (g) of section eleven hundred eighty of this chapter in accord-
13 ance with section eleven hundred eighty-d of this chapter, or other than
14 an adjudication of liability of an owner for a violation of subdivision
15 (d) of section eleven hundred eleven of this chapter in accordance with
16 section eleven hundred eleven-d of this chapter, or other than an adju-
17 dication of liability of an owner for a violation of subdivision (d) of
18 section eleven hundred eleven of this chapter in accordance with section
19 eleven hundred eleven-e of this chapter, or other than an adjudication
20 of liability of an owner for a violation of section eleven hundred
21 seventy-four of this chapter in accordance with section eleven hundred
22 seventy-four-a of this chapter,] and except as otherwise provided by
23 subdivision one-a of this section, there shall be levied a mandatory
24 surcharge, in addition to any sentence required or permitted by law, in
25 the amount of seventeen dollars.
26 § 8-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
27 as separately amended by section 10-f of chapter 145 and section 9-f of
28 chapter 148 of the laws of 2019, is amended to read as follows:
29 1. Whenever proceedings in an administrative tribunal or a court of
30 this state result in a conviction for a crime under this chapter or a
31 traffic infraction under this chapter other than a traffic infraction
32 involving standing, stopping, parking or motor vehicle equipment or
33 violations by pedestrians or bicyclists[, or other than an adjudication
34 of liability of an owner for a violation of subdivision (b), (c), (d),
35 (f) or (g) of section eleven hundred eighty of this chapter in accord-
36 ance with section eleven hundred eighty-d of this chapter, or other than
37 an adjudication of liability of an owner for a violation of subdivision
38 (d) of section eleven hundred eleven of this chapter in accordance with
39 section eleven hundred eleven-e of this chapter, or other than an adju-
40 dication of liability of an owner for a violation of section eleven
41 hundred seventy-four of this chapter in accordance with section eleven
42 hundred seventy-four-a of this chapter,] and except as otherwise
43 provided by subdivision one-a of this section, there shall be levied a
44 mandatory surcharge, in addition to any sentence required or permitted
45 by law, in the amount of seventeen dollars.
46 § 8-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
47 as separately amended by section 10-g of chapter 145 and section 9-g of
48 chapter 148 of the laws of 2019, is amended to read as follows:
49 1. Whenever proceedings in an administrative tribunal or a court of
50 this state result in a conviction for a crime under this chapter or a
51 traffic infraction under this chapter other than a traffic infraction
52 involving standing, stopping, parking or motor vehicle equipment or
53 violations by pedestrians or bicyclists[, or other than an adjudication
54 of liability of an owner for a violation of subdivision (b), (d), (f) or
55 (g) of section eleven hundred eighty of this chapter in accordance with
56 section eleven hundred eighty-d of this chapter, or other than an adju-
A. 1145--A 18
1 dication of liability of an owner for a violation of section eleven
2 hundred seventy-four of this chapter in accordance with section eleven
3 hundred seventy-four-a of this chapter,] and except as otherwise
4 provided by subdivision one-a of this section, there shall be levied a
5 mandatory surcharge, in addition to any sentence required or permitted
6 by law, in the amount of seventeen dollars.
7 § 8-h. Subdivision 1 of section 1809 of the vehicle and traffic law,
8 as separately amended by chapter 16 of the laws of 1983 and chapter 62
9 of the laws of 1989, is amended to read as follows:
10 1. Whenever proceedings in an administrative tribunal or a court of
11 this state result in a conviction for a crime under this chapter or a
12 traffic infraction under this chapter other than a traffic infraction
13 involving standing, stopping, parking or motor vehicle equipment or
14 violations by pedestrians or bicyclists and except as otherwise provided
15 by subdivision one-a of this section, there shall be levied a mandatory
16 surcharge, in addition to any sentence required or permitted by law, in
17 the amount of seventeen dollars.
18 § 9. Section 1809 of the vehicle and traffic law is amended by adding
19 a new subdivision 1-a to read as follows:
20 1-a. Notwithstanding the provisions of subdivision one of this
21 section, the provisions of subdivision one of this section shall not
22 apply to an adjudication of liability of owners: (a) for violations of
23 subdivision (d) of section eleven hundred eleven of this chapter imposed
24 pursuant to a local law or ordinance imposing monetary liability on the
25 owner of a vehicle for failure of an operator thereof to comply with
26 traffic-control indications through the installation and operation of
27 traffic-control signal photo violation-monitoring systems, in accordance
28 with article twenty-four of this chapter; or (b) for violations of
29 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
30 of this chapter imposed pursuant to a demonstration program imposing
31 monetary liability on the owner of a vehicle for failure of an operator
32 thereof to comply with such posted maximum speed limits through the
33 installation and operation of photo speed violation monitoring systems,
34 in accordance with article thirty of this chapter; or (c) for violations
35 of bus lane restrictions as defined by article twenty-four of this chap-
36 ter imposed pursuant to a bus rapid transit program imposing monetary
37 liability on the owner of a vehicle for failure of an operator thereof
38 to comply with such bus lane restrictions through the installation and
39 operation of bus lane photo devices, in accordance with article twenty-
40 four of this chapter; or (d) for violations of toll collection regu-
41 lations imposed by certain public authorities pursuant to the law
42 authorizing such public authorities to impose monetary liability on the
43 owner of a vehicle for failure of an operator thereof to comply with
44 toll collection regulations of such public authorities through the
45 installation and operation of photo-monitoring systems, in accordance
46 with the provisions of section two thousand nine hundred eighty-five of
47 the public authorities law and sections sixteen-a, sixteen-b and
48 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
49 hundred fifty; or (e) for violations of section eleven hundred seventy-
50 four of this chapter when meeting a school bus marked and equipped as
51 provided in subdivisions twenty and twenty-one-c of section three
52 hundred seventy-five of this chapter imposed pursuant to a local law or
53 ordinance imposing monetary liability on the owner of a vehicle for
54 failure of an operator thereof to comply with school bus red visual
55 signals through the installation and operation of school bus photo
A. 1145--A 19
1 violation monitoring systems, in accordance with article twenty-nine of
2 this chapter.
3 § 9-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
4 and traffic law is REPEALED and a new paragraph a is added to read as
5 follows:
6 a. Notwithstanding any other provision of law, whenever proceedings in
7 a court or an administrative tribunal of this state result in a
8 conviction for an offense under this chapter, except a conviction pursu-
9 ant to section eleven hundred ninety-two of this chapter, or for a traf-
10 fic infraction under this chapter, or a local law, ordinance, rule or
11 regulation adopted pursuant to this chapter, except: (i) a traffic
12 infraction involving standing, stopping, or parking or violations by
13 pedestrians or bicyclists; and (ii) an adjudication of liability of an
14 owner for a violation of subdivision (d) of section eleven hundred elev-
15 en of this chapter imposed pursuant to a local law or ordinance imposing
16 monetary liability on the owner of a vehicle for failure of an operator
17 thereof to comply with traffic-control indications through the installa-
18 tion and operation of traffic-control signal photo violation-monitoring
19 systems, in accordance with article twenty-four of this chapter; and
20 (iii) an adjudication of liability of an owner for a violation of subdi-
21 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
22 this chapter imposed pursuant to a demonstration program imposing mone-
23 tary liability on the owner of a vehicle for failure of an operator
24 thereof to comply with such posted maximum speed limits through the
25 installation and operation of photo speed violation monitoring systems,
26 in accordance with article thirty of this chapter; and (iv) an adjudi-
27 cation of liability of an owner for a violation of bus lane restrictions
28 as defined by article twenty-four of this chapter imposed pursuant to a
29 bus rapid transit program imposing monetary liability on the owner of a
30 vehicle for failure of an operator thereof to comply with such bus lane
31 restrictions through the installation and operation of bus lane photo
32 devices, in accordance with article twenty-four of this chapter; and (v)
33 an adjudication of liability of an owner for a violation of toll
34 collection regulations imposed by certain public authorities pursuant to
35 the law authorizing such public authorities to impose monetary liability
36 on the owner of a vehicle for failure of an operator thereof to comply
37 with toll collection regulations of such public authorities through the
38 installation and operation of photo-monitoring systems, in accordance
39 with section two thousand nine hundred eighty-five of the public author-
40 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
41 seven hundred seventy-four of the laws of nineteen hundred fifty; and
42 (vi) an adjudication of liability of an owner for a violation of section
43 eleven hundred seventy-four of this chapter when meeting a school bus
44 marked and equipped as provided in subdivisions twenty and twenty-one-c
45 of section three hundred seventy-five of this chapter imposed pursuant
46 to a local law or ordinance imposing monetary liability on the owner of
47 a vehicle for failure of an operator thereof to comply with school bus
48 red visual signals through the installation and operation of school bus
49 photo violation monitoring systems, in accordance with article twenty-
50 nine of this chapter, there shall be levied in addition to any sentence,
51 penalty or other surcharge required or permitted by law, an additional
52 surcharge of twenty-eight dollars.
53 § 10. The general municipal law is amended by adding a new section
54 371-a to read as follows:
55 § 371-a. Additional jurisdiction and procedure related to the adjudi-
56 cation of certain notices of liability. A traffic violations bureau
A. 1145--A 20
1 established pursuant to subdivision one and a traffic and parking
2 violations agency established pursuant to subdivision two of section
3 three hundred seventy-one of this article may be authorized to adjudi-
4 cate, in accordance with the provisions of this article, the liability
5 of owners: (a) for violations of subdivision (d) of section eleven
6 hundred eleven of the vehicle and traffic law imposed pursuant to a
7 local law or ordinance imposing monetary liability on the owner of a
8 vehicle for failure of an operator thereof to comply with traffic-con-
9 trol indications through the installation and operation of traffic-con-
10 trol signal photo violation-monitoring systems, in accordance with arti-
11 cle twenty-four of the vehicle and traffic law; or (b) for violations of
12 section eleven hundred seventy-four of the vehicle and traffic law when
13 meeting a school bus marked and equipped as provided in subdivisions
14 twenty and twenty-one-c of section three hundred seventy-five of the
15 vehicle and traffic law imposed pursuant to a local law or ordinance
16 imposing monetary liability on the owner of a vehicle for failure of an
17 operator thereof to comply with school bus red visual signals through
18 the installation and operation of school bus photo violation monitoring
19 systems, in accordance with article twenty-nine of the vehicle and traf-
20 fic law.
21 § 11. The vehicle and traffic law is amended by adding a new section
22 1111-f to read as follows:
23 § 1111-f. Owner liability for failure of operator to comply with
24 traffic-control indications. (a) 1. Notwithstanding any other provision
25 of law, the village of Pelham Manor is hereby authorized and empowered
26 to adopt and amend a local law or ordinance establishing a demonstration
27 program imposing monetary liability on the owner of a vehicle for fail-
28 ure of an operator thereof to comply with traffic-control indications in
29 such village in accordance with the provisions of this section. Such
30 demonstration program shall empower such village to install and operate
31 traffic-control signal photo violation-monitoring devices at no more
32 than one intersection within and under the jurisdiction of such village
33 at any one time.
34 2. Such demonstration program shall utilize necessary technologies to
35 ensure, to the extent practicable, that photographs produced by such
36 traffic-control signal photo violation-monitoring systems shall not
37 include images that identify the driver, the passengers, or the contents
38 of the vehicle. Provided, however, that no notice of liability issued
39 pursuant to this section shall be dismissed solely because a photograph
40 or photographs allow for the identification of the contents of a vehi-
41 cle, provided that such village has made a reasonable effort to comply
42 with the provisions of this paragraph.
43 (b) In any such village which has adopted a local law or ordinance
44 pursuant to subdivision (a) of this section, the owner of a vehicle
45 shall be liable for a penalty imposed pursuant to this section if such
46 vehicle was used or operated with the permission of the owner, express
47 or implied, in violation of subdivision (d) of section eleven hundred
48 eleven of this article, and such violation is evidenced by information
49 obtained from a traffic-control signal photo violation-monitoring
50 system; provided however that no owner of a vehicle shall be liable for
51 a penalty imposed pursuant to this section where the operator of such
52 vehicle has been convicted of the underlying violation of subdivision
53 (d) of section eleven hundred eleven of this article.
54 (c) For purposes of this section, "owner" shall have the meaning
55 provided in article two-B of this chapter. For purposes of this section,
56 "traffic-control signal photo violation-monitoring system" shall mean a
A. 1145--A 21
1 vehicle sensor installed to work in conjunction with a traffic-control
2 signal which automatically produces two or more photographs, two or more
3 microphotographs, a videotape or other recorded images of each vehicle
4 at the time it is used or operated in violation of subdivision (d) of
5 section eleven hundred eleven of this article.
6 (d) A certificate, sworn to or affirmed by a technician employed by
7 the village of Pelham Manor in which the charged violation occurred, or
8 a facsimile thereof, based upon inspection of photographs, microphoto-
9 graphs, videotape or other recorded images produced by a traffic-control
10 signal photo violation-monitoring system, shall be prima facie evidence
11 of the facts contained therein. Any photographs, microphotographs,
12 videotape or other recorded images evidencing such a violation shall be
13 available for inspection in any proceeding to adjudicate the liability
14 for such violation pursuant to a local law or ordinance adopted pursuant
15 to this section.
16 (e) An owner liable for a violation of subdivision (d) of section
17 eleven hundred eleven of this article pursuant to a local law or ordi-
18 nance adopted pursuant to this section shall be liable for monetary
19 penalties in accordance with a schedule of fines and penalties to be set
20 forth in such local law or ordinance. The liability of the owner pursu-
21 ant to this section shall not exceed fifty dollars for each violation;
22 provided, however, that such local law or ordinance may provide for an
23 additional penalty not in excess of twenty-five dollars for each
24 violation for the failure to respond to a notice of liability within the
25 prescribed time period.
26 (f) An imposition of liability under a local law or ordinance adopted
27 pursuant to this section shall not be deemed a conviction as an operator
28 and shall not be made part of the operating record of the person upon
29 whom such liability is imposed nor shall it be used for insurance
30 purposes in the provision of motor vehicle insurance coverage.
31 (g) 1. A notice of liability shall be sent by first class mail to each
32 person alleged to be liable as an owner for a violation of subdivision
33 (d) of section eleven hundred eleven of this article pursuant to this
34 section. Personal delivery on the owner shall not be required. A manual
35 or automatic record of mailing prepared in the ordinary course of busi-
36 ness shall be prima facie evidence of the facts contained therein.
37 2. A notice of liability shall contain the name and address of the
38 person alleged to be liable as an owner for a violation of subdivision
39 (d) of section eleven hundred eleven of this article pursuant to this
40 section, the registration number of the vehicle involved in such
41 violation, the location where such violation took place, the date and
42 time of such violation and the identification number of the camera which
43 recorded the violation or other document locator number.
44 3. The notice of liability shall contain information advising the
45 person charged of the manner and the time in which he or she may contest
46 the liability alleged in the notice. Such notice of liability shall also
47 contain a warning to advise the persons charged that failure to contest
48 in the manner and time provided shall be deemed an admission of liabil-
49 ity and that a default judgment may be entered thereon.
50 4. The notice of liability shall be prepared and mailed by the village
51 of Pelham Manor or by any other entity authorized by such village to
52 prepare and mail such notification of violation.
53 (h) Adjudication of the liability imposed upon owners by this section
54 shall be by a traffic violations bureau established pursuant to section
55 three hundred seventy of the general municipal law or, if there be none,
56 by the court having jurisdiction over traffic infractions.
A. 1145--A 22
1 (i) If an owner receives a notice of liability pursuant to this
2 section for any time period during which the vehicle was reported to the
3 police department as having been stolen, it shall be a valid defense to
4 an allegation of liability for a violation of subdivision (d) of section
5 eleven hundred eleven of this article pursuant to this section that the
6 vehicle had been reported to the police as stolen prior to the time the
7 violation occurred and had not been recovered by such time. For purposes
8 of asserting the defense provided by this subdivision it shall be suffi-
9 cient that a certified copy of the police report on the stolen vehicle
10 be sent by first class mail to the traffic violations bureau or court
11 having jurisdiction.
12 (j) An owner who is a lessor of a vehicle to which a notice of liabil-
13 ity was issued pursuant to subdivision (g) of this section shall not be
14 liable for the violation of subdivision (d) of section eleven hundred
15 eleven of this article, provided that he or she sends to the traffic
16 violations bureau or court having jurisdiction a copy of the rental,
17 lease or other such contract document covering such vehicle on the date
18 of the violation, with the name and address of the lessee clearly legi-
19 ble, within thirty-seven days after receiving notice from the bureau or
20 court of the date and time of such violation, together with the other
21 information contained in the original notice of liability. Failure to
22 send such information within such thirty-seven day time period shall
23 render the owner liable for the penalty prescribed by this section.
24 Where the lessor complies with the provisions of this subdivision, the
25 lessee of such vehicle on the date of such violation shall be deemed to
26 be the owner of such vehicle for purposes of this section, shall be
27 subject to liability for the violation of subdivision (d) of section
28 eleven hundred eleven of this article pursuant to this section and shall
29 be sent a notice of liability pursuant to subdivision (g) of this
30 section.
31 (k) 1. If the owner liable for a violation of subdivision (d) of
32 section eleven hundred eleven of this article pursuant to this section
33 was not the operator of the vehicle at the time of the violation, the
34 owner may maintain an action for indemnification against the operator.
35 2. Notwithstanding any other provision of this section, no owner of a
36 vehicle shall be subject to a monetary fine imposed pursuant to this
37 section if the operator of such vehicle was operating such vehicle with-
38 out the consent of the owner at the time such operator failed to obey a
39 traffic-control indication. For purposes of this subdivision there shall
40 be a presumption that the operator of such vehicle was operating such
41 vehicle with the consent of the owner at the time such operator failed
42 to obey a traffic-control indication.
43 (l) Nothing in this section shall be construed to limit the liability
44 of an operator of a vehicle for any violation of subdivision (d) of
45 section eleven hundred eleven of this article.
46 (m) Any village that adopts a demonstration program pursuant to subdi-
47 vision (a) of this section shall submit an annual report detailing the
48 results of the use of such traffic-control signal photo violation-moni-
49 toring system to the governor, the temporary president of the senate and
50 the speaker of the assembly on or before the first day of June next
51 succeeding the effective date of this section and on the same date in
52 each succeeding year in which the demonstration program is operable.
53 Such report shall include, but not be limited to:
54 1. a description of the locations where traffic-control signal photo
55 violation-monitoring systems were used;
A. 1145--A 23
1 2. the aggregate number, type and severity of accidents reported at
2 intersections where a traffic-control signal photo violation-monitoring
3 system is used for the three years preceding the installation of such
4 system, to the extent the information is maintained by the department of
5 motor vehicles of this state;
6 3. the aggregate number, type and severity of accidents reported at
7 intersections where a traffic-control signal photo violation-monitoring
8 system is used for the reporting year, as well as for each year that the
9 traffic-control signal photo violation-monitoring system has been opera-
10 tional, to the extent the information is maintained by the department of
11 motor vehicles of this state;
12 4. the number of events and number of violations recorded at each
13 intersection where a traffic-control signal photo violation-monitoring
14 system is used and in the aggregate on a daily, weekly and monthly
15 basis;
16 5. the number of notices of liability issued for violations recorded
17 by such system at each intersection where a traffic-control signal photo
18 violation-monitoring system is used;
19 6. the number of fines imposed and total amount of fines paid after
20 first notice of liability;
21 7. the number and percentage of violations adjudicated and results of
22 such adjudications including breakdowns of dispositions made for
23 violations recorded by such systems which shall be provided at least
24 annually to such village by the respective courts and bureaus conducting
25 such adjudications;
26 8. the total amount of revenue realized by such village from such
27 adjudications including a breakdown of revenue realized by such village
28 for each year since deployment of its traffic-control signal photo
29 violation-monitoring system;
30 9. expenses incurred by such village in connection with the program;
31 and
32 10. quality of the adjudication process and its results which shall be
33 provided at least annually to such village by the respective courts and
34 bureaus conducting such adjudications.
35 (n) It shall be a defense to any prosecution for a violation of subdi-
36 vision (d) of section eleven hundred eleven of this article pursuant to
37 a local law or ordinance adopted pursuant to this section that such
38 traffic-control indications were malfunctioning at the time of the
39 alleged violation.
40 § 12. Subdivision 2 of section 87 of the public officers law is
41 amended by adding a new paragraph (r) to read as follows:
42 (r) are photographs, microphotographs, videotape or other recorded
43 images prepared under authority of section eleven hundred eleven-f of
44 the vehicle and traffic law.
45 § 13. The purchase or lease of equipment for a demonstration program
46 established pursuant to section 1111-f of the vehicle and traffic law
47 shall be subject to the provisions of section 103 of the general munici-
48 pal law.
49 § 14. This act shall take effect immediately; provided, however that
50 sections eleven, twelve and thirteen of this act shall take effect on
51 the thirtieth day after such sections shall have become a law and shall
52 expire on December 1, 2026, when upon such date the provisions of such
53 sections shall be deemed repealed; provided, further, that any such
54 local law as may be enacted pursuant to section eleven of this act shall
55 remain in full force and effect only until December 1, 2026; provided,
56 further, that effective immediately, the addition, amendment and/or
A. 1145--A 24
1 repeal of any rule or regulation necessary for the implementation of
2 this act on its effective date are authorized to be made and completed
3 on or before such effective date; and provided further, that:
4 (a) the amendments to the opening paragraph and paragraph (c) of
5 subdivision 1 of section 1809 of the vehicle and traffic law made by
6 section eight of this act shall not affect the expiration of such
7 section and shall be deemed to expire therewith, when upon such date the
8 provisions of section eight-a of this act shall take effect;
9 (b) the amendments to the opening paragraph and paragraph (c) of
10 subdivision 1 of section 1809 of the vehicle and traffic law made by
11 section eight-a of this act shall not affect the expiration of such
12 section and shall be deemed to expire therewith, when upon such date the
13 provisions of section eight-b of this act shall take effect;
14 (c) the amendments to subdivision 1 of section 1809 of the vehicle and
15 traffic law made by section eight-b of this act shall not affect the
16 expiration of such section and shall be deemed to expire therewith, when
17 upon such date the provisions of section eight-c of this act shall take
18 effect;
19 (d) the amendments to subdivision 1 of section 1809 of the vehicle and
20 traffic law made by section eight-c of this act shall not affect the
21 expiration of such section and shall be deemed to expire therewith, when
22 upon such date the provisions of section eight-d of this act shall take
23 effect;
24 (e) the amendments to subdivision 1 of section 1809 of the vehicle and
25 traffic law made by section eight-d of this act shall not affect the
26 expiration of such section and shall be deemed to expire therewith, when
27 upon such date the provisions of section eight-e of this act shall take
28 effect;
29 (f) the amendments to subdivision 1 of section 1809 of the vehicle and
30 traffic law made by section eight-e of this act shall not affect the
31 expiration of such section and shall be deemed to expire therewith, when
32 upon such date the provisions of section eight-f of this act shall take
33 effect;
34 (g) the amendments to subdivision 1 of section 1809 of the vehicle and
35 traffic law made by section eight-f of this act shall not affect the
36 expiration of such section and shall be deemed to expire therewith, when
37 upon such date the provisions of section eight-g of this act shall take
38 effect; and
39 (h) the amendments to subdivision 1 of section 1809 of the vehicle and
40 traffic law made by section eight-g of this act shall not affect the
41 expiration of such section and shall be deemed to expire therewith, when
42 upon such date the provisions of section eight-h of this act shall take
43 effect.