Amd SS235, 236, 237, 239, 240, 241, 401 & 1809, add S1111-b, V & T L; amd S371, Gen Muni L; amd S87, Pub Off
L
Authorize the city of Buffalo to implement a program imposing monetary liability on vehicle owners for failure of an operator thereof to comply with traffic-control indications in such municipality; empowers the city of Buffalo to install and operate traffic-control signal photo-monitoring devices at intersections and highway-railroad crossings; directs that any monetary penalties received due to the installation and operation of such photo-monitoring devices shall be deposited to the credit of and received by such municipality, after the payment of any administrative costs; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
1240
2009-2010 Regular Sessions
IN SENATE
January 28, 2009
___________
Introduced by Sens. THOMPSON, KRUEGER -- read twice and ordered printed,
and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, the general municipal law
and the public officers law, in relation to the civil liability of
vehicle owners of traffic control signal violations in the city of
Buffalo
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 chapter 379 of the laws of 1992, is amended to read
3 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 or eleven hundred eleven-b of this chapter, or to adjudicate
12 the liability of owners for violations of toll collection regulations as
13 defined in and in accordance with the provisions of section two thousand
14 nine hundred eighty-five of the public authorities law and sections
15 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
16 of the laws of nineteen hundred fifty, such tribunal and the rules and
17 regulations pertaining thereto shall be constituted in substantial
18 conformance with the following sections.
19 § 2. Section 235 of the vehicle and traffic law, as separately amended
20 by chapter 746 of the laws of 1988 and chapter 379 of the laws of 1992,
21 is amended to read as follows:
22 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
23 general, special or local law or administrative code to the contrary, in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04715-01-9
S. 1240 2
1 any city which heretofore or hereafter is authorized to establish an
2 administrative tribunal to hear and determine complaints of traffic
3 infractions constituting parking, standing or stopping violations, or to
4 adjudicate the liability of owners for violations of subdivision (d) of
5 section eleven hundred eleven of this chapter in accordance with section
6 eleven hundred eleven-a or eleven hundred eleven-b of this chapter, or
7 to adjudicate the liability of owners for violations of toll collection
8 regulations as defined in and in accordance with the provisions of
9 section two thousand nine hundred eighty-five of the public authorities
10 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
11 hundred seventy-four of the laws of nineteen hundred fifty, such tribu-
12 nal and the rules and regulations pertaining thereto shall be consti-
13 tuted in substantial conformance with the following sections.
14 § 3. Section 235 of the vehicle and traffic law, as added by chapter
15 715 of the laws of 1972 and as amended by chapter 379 of the laws of
16 1992, is amended to 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-b of this chapter, or to adjudicate the liability
25 of owners for violations of toll collection regulations as defined in
26 and in accordance with the provisions of section two thousand nine
27 hundred eighty-five of the public authorities law and sections
28 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
29 of the laws of nineteen hundred fifty, such tribunal and the rules and
30 regulations pertaining thereto shall be constituted in substantial
31 conformance with the following sections.
32 § 4. Subdivision 1 of section 236 of the vehicle and traffic law, as
33 amended by chapter 379 of the laws of 1992, is amended to read as
34 follows:
35 1. Creation. In any city as hereinbefore or hereafter authorized such
36 tribunal when created shall be known as the parking violations bureau
37 and shall have jurisdiction of traffic infractions which constitute a
38 parking violation and, where authorized by local law adopted pursuant to
39 subdivision (a) of section eleven hundred eleven-a or of section eleven
40 hundred eleven-b of this chapter, shall adjudicate the liability of
41 owners for violations of subdivision (d) of section eleven hundred elev-
42 en of this chapter in accordance with such section eleven hundred
43 eleven-a or eleven hundred eleven-b, and shall adjudicate the liability
44 of owners for violations of toll collection regulations as defined in
45 and in accordance with the provisions of section two thousand nine
46 hundred eighty-five of the public authorities law and sections
47 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
48 of the laws of nineteen hundred fifty. Such tribunal, except in a city
49 with a population of one million or more, shall also have jurisdiction
50 of abandoned vehicle violations. For the purposes of this article, a
51 parking violation is the violation of any law, rule or regulation
52 providing for or regulating the parking, stopping or standing of a vehi-
53 cle. In addition for purposes of this article, "commissioner" shall mean
54 and include the commissioner of traffic of the city or an official
55 possessing authority as such a commissioner.
S. 1240 3
1 § 5. Subdivision 1 of section 236 of the vehicle and traffic law, as
2 added by chapter 715 of the laws of 1972, is amended to read as follows:
3 1. Creation. In any city as hereinbefore or hereafter authorized such
4 tribunal when created shall be known as the parking violations bureau
5 and shall have jurisdiction of traffic infractions which constitute a
6 parking violation and, where authorized by local law adopted pursuant to
7 subdivision (a) of section eleven hundred eleven-b of this chapter,
8 shall adjudicate the liability of owners for violations of subdivision
9 (d) of section eleven hundred eleven of this chapter in accordance with
10 such section eleven hundred eleven-b. For the purposes of this article,
11 a parking violation is the violation of any law, rule or regulation
12 providing for or regulating the parking, stopping or standing of a vehi-
13 cle. In addition for purposes of this article, "commissioner" shall mean
14 and include the commissioner of traffic of the city or an official
15 possessing authority as such a commissioner.
16 § 6. Subdivision 10 of section 237 of the vehicle and traffic law, as
17 amended by chapter 379 of the laws of 1992, is amended to read as
18 follows:
19 10. To adjudicate the liability of owners for violations of subdivi-
20 sion (d) of section eleven hundred eleven of this chapter in accordance
21 with section eleven hundred eleven-a or eleven hundred eleven-b of this
22 chapter, if authorized by local law adopted pursuant to subdivision (a)
23 of such section eleven hundred eleven-a;
24 § 7. Section 237 of the vehicle and traffic law is amended by adding a
25 new subdivision 10 to read as follows:
26 10. To adjudicate the liability of owners for violations of subdivi-
27 sion (d) of section eleven hundred eleven of this chapter in accordance
28 with section eleven hundred eleven-b of this chapter, if authorized by
29 local law adopted pursuant to subdivision (a) of such section eleven
30 hundred eleven-b.
31 § 8. Paragraph f of subdivision 1 of section 239 of the vehicle and
32 traffic law, as amended by chapter 379 of the laws of 1992, is amended
33 to read as follows:
34 f. "Notice of violation" means a notice of violation as defined in
35 subdivision nine of section two hundred thirty-seven of this article,
36 but shall not be deemed to include a notice of liability issued pursuant
37 to authorization set forth in section eleven hundred eleven-a or eleven
38 hundred eleven-b of this chapter and shall not be deemed to include a
39 notice of liability issued pursuant to section two thousand nine hundred
40 eighty-five of the public authorities law and sections sixteen-a,
41 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
42 laws of nineteen hundred fifty.
43 § 9. Paragraph f of subdivision 1 of section 239 of the vehicle and
44 traffic law, as added by chapter 180 of the laws of 1980, is amended to
45 read as follows:
46 f. "Notice of violation" means a notice of violation as defined in
47 subdivision nine of section two hundred thirty-seven of this article but
48 shall not be deemed to include a notice of liability issued pursuant to
49 authorization set forth in section eleven hundred eleven-b of this chap-
50 ter.
51 § 10. Section 239 of the vehicle and traffic law is amended by adding
52 a new subdivision 5 to read as follows:
53 5. Applicability; liability of owners in accordance with section elev-
54 en hundred eleven-b of this chapter. The provisions of paragraph b of
55 subdivision two and subdivision three of this section shall not be
56 applicable to determinations of owner liability in accordance with
S. 1240 4
1 section eleven hundred eleven-b of this chapter for the failure of an
2 operator to comply with subdivision (d) of section eleven hundred eleven
3 of this chapter.
4 § 11. Subdivision 1 of section 240 of the vehicle and traffic law, as
5 amended by chapter 379 of the laws of 1992, is amended to read as
6 follows:
7 1. Notice of hearing. Whenever a person charged with a parking
8 violation enters a plea of not guilty or a person alleged to be liable
9 in accordance with section eleven hundred eleven-a or eleven hundred
10 eleven-b of this chapter for a violation of subdivision (d) of section
11 eleven hundred eleven of this chapter contests such allegation, or a
12 person alleged to be liable in accordance with the provisions of section
13 two thousand nine hundred eighty-five of the public authorities law or
14 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
15 seventy-four of the laws of nineteen hundred fifty, the bureau shall
16 advise such person personally by such form of first class mail as the
17 director may direct of the date on which he must appear to answer the
18 charge at a hearing. The form and content of such notice of hearing
19 shall be prescribed by the director, and shall contain a warning to
20 advise the person so pleading or contesting that failure to appear on
21 the date designated, or on any subsequent adjourned date, shall be
22 deemed an admission of liability, and that a default judgment may be
23 entered thereon.
24 § 12. Subdivision 1 of section 240 of the vehicle and traffic law, as
25 added by chapter 715 of the laws of 1972, is amended to read as follows:
26 1. Notice of hearing. Whenever a person charged with a parking
27 violation enters a plea of not guilty or a person alleged to be liable
28 in accordance with section eleven hundred eleven-b of this chapter for a
29 violation of subdivision (d) of section eleven hundred eleven of this
30 chapter contests such allegation, the bureau shall advise such person
31 personally by such form of first class mail as the director may direct
32 of the date on which he must appear to answer the charge at a hearing.
33 The form and content of such notice of hearing shall be prescribed by
34 the director, and shall contain a warning to advise the person so plead-
35 ing or contesting that failure to appear on the date designated, or on
36 any subsequent adjourned date, shall be deemed an admission of liabil-
37 ity, and that a default judgment may be entered thereon.
38 § 13. Subdivision 1-a of section 240 of the vehicle and traffic law,
39 as amended by chapter 379 of the laws of 1992, is amended to read as
40 follows:
41 1-a. Fines and penalties. Whenever a plea of not guilty has been
42 entered, or the bureau has been notified that an allegation of liability
43 in accordance with section eleven hundred eleven-a or eleven hundred
44 eleven-b of this chapter or an allegation of liability in accordance
45 with section two thousand nine hundred eighty-five of the public author-
46 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
47 seven hundred seventy-four of the laws of nineteen hundred fifty, is
48 being contested, by a person in a timely fashion and a hearing upon the
49 merits has been demanded, but has not yet been held, the bureau shall
50 not issue any notice of fine or penalty to that person prior to the date
51 of the hearing.
52 § 14. Subdivision 1-a of section 240 of the vehicle and traffic law,
53 as added by chapter 365 of the laws of 1978, is amended to read as
54 follows:
55 1-a. Fines and penalties. Whenever a plea of not guilty has been
56 entered, or the bureau has been notified that an allegation of liability
S. 1240 5
1 in accordance with section eleven hundred eleven-b of this chapter is
2 being contested, by a person in a timely fashion and a hearing upon the
3 merits has been demanded, but has not yet been held, the bureau shall
4 not issue any notice of fine or penalty to that person prior to the date
5 of the hearing.
6 § 15. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
7 cle and traffic law, as amended by chapter 379 of the laws of 1992, are
8 amended to read as follows:
9 a. Every hearing for the adjudication of a charge of parking violation
10 or an allegation of liability in accordance with section eleven hundred
11 eleven-a or eleven hundred eleven-b of this chapter or an allegation of
12 liability in accordance with section two thousand nine hundred eighty-
13 five of 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 shall be held before a hearing examiner in accordance with
16 rules and regulations promulgated by the bureau.
17 g. A record shall be made of a hearing on a plea of not guilty or of a
18 hearing at which liability in accordance with section eleven hundred
19 eleven-a or eleven hundred eleven-b of this chapter is contested or of a
20 hearing at which liability in accordance with section two thousand nine
21 hundred eighty-five of the public authorities law or sections sixteen-a,
22 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
23 laws of nineteen hundred fifty is contested. Recording devices may be
24 used for the making of the record.
25 § 16. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
26 cle and traffic law, as added by chapter 715 of the laws of 1972, are
27 amended to read as follows:
28 a. Every hearing for the adjudication of a charge of parking violation
29 or an allegation of liability in accordance with section eleven hundred
30 eleven-b of this chapter shall be held before a hearing examiner in
31 accordance with rules and regulations promulgated by the bureau.
32 g. A record shall be made of a hearing on a plea of not guilty or of a
33 hearing at which liability in accordance with section eleven hundred
34 eleven-b of this chapter is contested. Recording devices may be used
35 for the making of the record.
36 § 17. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
37 law, as amended by chapter 379 of the laws of 1992, are amended to read
38 as follows:
39 1. The hearing examiner shall make a determination on the charges,
40 either sustaining or dismissing them. Where the hearing examiner deter-
41 mines that the charges have been sustained he or she may examine either
42 the prior parking violations record or the record of liabilities
43 incurred in accordance with section eleven hundred eleven-a or eleven
44 hundred eleven-b of this chapter or the record of liabilities incurred
45 in accordance with section two thousand nine hundred eighty-five of the
46 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
47 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
48 of the person charged, as applicable prior to rendering a final determi-
49 nation. Final determinations sustaining or dismissing charges shall be
50 entered on a final determination roll maintained by the bureau together
51 with records showing payment and nonpayment of penalties.
52 2. Where an operator or owner fails to enter a plea to a charge of a
53 parking violation or contest an allegation of liability in accordance
54 with section eleven hundred eleven-a or eleven hundred eleven-b of this
55 chapter or fails to contest an allegation of liability in accordance
56 with section two thousand nine hundred eighty-five of the public author-
S. 1240 6
1 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
2 seven hundred seventy-four of the laws of nineteen hundred fifty, or
3 fails to appear on a designated hearing date or subsequent adjourned
4 date or fails after a hearing to comply with the determination of a
5 hearing examiner, as prescribed by this article or by rule or regulation
6 of the bureau, such failure to plead or contest, appear or comply shall
7 be deemed, for all purposes, an admission of liability and shall be
8 grounds for rendering and entering a default judgment in an amount
9 provided by the rules and regulations of the bureau. However, after the
10 expiration of the original date prescribed for entering a plea and
11 before a default judgment may be rendered, in such case the bureau shall
12 pursuant to the applicable provisions of law notify such operator or
13 owner, by such form of first class mail as the commission may direct;
14 (1) of the violation charged, or liability in accordance with section
15 eleven hundred eleven-a or eleven hundred eleven-b of this chapter
16 alleged or liability in accordance with section two thousand nine
17 hundred eighty-five of the public authorities law or sections sixteen-a,
18 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
19 laws of nineteen hundred fifty alleged, (2) of the impending default
20 judgment, (3) that such judgment will be entered in the Civil Court of
21 the city in which the bureau has been established, or other court of
22 civil jurisdiction or any other place provided for the entry of civil
23 judgments within the state of New York, and (4) that a default may be
24 avoided by entering a plea or contesting an allegation of liability in
25 accordance with section eleven hundred eleven-a or eleven hundred
26 eleven-b of this chapter or contesting an allegation of liability in
27 accordance with section two thousand nine hundred eighty-five of the
28 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
29 chapter seven hundred seventy-four of the laws of nineteen hundred
30 fifty, as appropriate, or making an appearance within thirty days of the
31 sending of such notice. Pleas entered and allegations contested within
32 that period shall be in the manner prescribed in the notice and not
33 subject to additional penalty or fee. Such notice of impending default
34 judgment shall not be required prior to the rendering and entry thereof
35 in the case of operators or owners who are non-residents of the state of
36 New York. In no case shall a default judgment be rendered or, where
37 required, a notice of impending default judgment be sent, more than two
38 years after the expiration of the time prescribed for entering a plea or
39 contesting an allegation. When a person has demanded a hearing, no fine
40 or penalty shall be imposed for any reason, prior to the holding of the
41 hearing. If the hearing examiner shall make a determination on the
42 charges, sustaining them, he or she shall impose no greater penalty or
43 fine than those upon which the person was originally charged.
44 § 18. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
45 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
46 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
47 to read as follows:
48 1. The hearing examiner shall make a determination on the charges,
49 either sustaining or dismissing them. Where the hearing examiner deter-
50 mines that the charges have been sustained he or she may examine either
51 the prior parking violations record or the record of liabilities
52 incurred in accordance with section eleven hundred eleven-b of this
53 chapter of the person charged, as applicable prior to rendering a final
54 determination. Final determinations sustaining or dismissing charges
55 shall be entered on a final determination roll maintained by the bureau
56 together with records showing payment and nonpayment of penalties.
S. 1240 7
1 2. Where an operator or owner fails to enter a plea to a charge of a
2 parking violation or contest an allegation of liability in accordance
3 with section eleven hundred eleven-b of this chapter, or fails to appear
4 on a designated hearing date or subsequent adjourned date or fails after
5 a hearing to comply with the determination of a hearing examiner, as
6 prescribed by this article or by rule or regulation of the bureau, such
7 failure to plead, contest, appear or comply shall be deemed, for all
8 purposes, an admission of liability and shall be grounds for rendering
9 and entering a default judgment in an amount provided by the rules and
10 regulations of the bureau. However, after the expiration of the original
11 date prescribed for entering a plea and before a default judgment may be
12 rendered, in such case the bureau shall pursuant to the applicable
13 provisions of law notify such operator or owner, by such form of first
14 class mail as the commission may direct; (1) of the violation charged,
15 or liability in accordance with section eleven hundred eleven-b of this
16 chapter alleged, (2) of the impending default judgment, (3) that such
17 judgment will be entered in the Civil Court of the city in which the
18 bureau has been established, or other court of civil jurisdiction or any
19 other place provided for the entry of civil judgments within the state
20 of New York, and (4) that a default may be avoided by entering a plea or
21 contesting an allegation of liability in accordance with section eleven
22 hundred eleven-b of this chapter, as appropriate, or making an appear-
23 ance within thirty days of the sending of such notice. Pleas entered and
24 allegations contested within that period shall be in the manner
25 prescribed in the notice and not subject to additional penalty or fee.
26 Such notice of impending default judgment shall not be required prior to
27 the rendering and entry thereof in the case of operators or owners who
28 are non-residents of the state of New York. In no case shall a default
29 judgment be rendered or, where required, a notice of impending default
30 judgment be sent, more than two years after the expiration of the time
31 prescribed for entering a plea or contesting an allegation. When a
32 person has demanded a hearing, no fine or penalty shall be imposed for
33 any reason, prior to the holding of the hearing. If the hearing examiner
34 shall make a determination on the charges, sustaining them, he or she
35 shall impose no greater penalty or fine than those upon which the person
36 was originally charged.
37 § 19. Paragraph a of subdivision 5-a of section 401 of the vehicle and
38 traffic law, as amended by chapter 496 of the laws of 1990, subparagraph
39 (i) as designated and subparagraph (ii) as added by chapter 373 of the
40 laws of 1994, is amended to read as follows:
41 a. (i) If at the time of application for a registration or renewal
42 thereof there is a certification from a court, parking violations
43 bureau, traffic and parking violations agency or administrative tribunal
44 of appropriate jurisdiction or administrative tribunal of appropriate
45 jurisdiction that the registrant or his or her representative failed to
46 appear on the return date or any subsequent adjourned date or failed to
47 comply with the rules and regulations of an administrative tribunal
48 following entry of a final decision in response to a total of three or
49 more summonses or other process in the aggregate, issued within an eigh-
50 teen month period, charging either that (i) such motor vehicle was
51 parked, stopped or standing, or that such motor vehicle was operated for
52 hire by the registrant or his or her agent without being licensed as a
53 motor vehicle for hire by the appropriate local authority, in violation
54 of any of the provisions of this chapter or of any law, ordinance, rule
55 or regulation made by a local authority or (ii) the registrant was
56 liable in accordance with section eleven hundred eleven-a or eleven
S. 1240 8
1 hundred eleven-b of this chapter for a violation of subdivision (d) of
2 section eleven hundred eleven of this chapter, the commissioner or his
3 or her agent shall deny the registration or renewal application until
4 the applicant provides proof from the court, traffic and parking
5 violations agency or administrative tribunal wherein the charges are
6 pending that an appearance or answer has been made or in the case of an
7 administrative tribunal that he or she has complied with the rules and
8 regulations of said tribunal following entry of a final decision. Where
9 an application is denied pursuant to this section, the commissioner may,
10 in his or her discretion, deny a registration or renewal application to
11 any other person for the same vehicle and may deny a registration or
12 renewal application for any other motor vehicle registered in the name
13 of the applicant where the commissioner has determined that such regis-
14 trant's intent has been to evade the purposes of this subdivision and
15 where the commissioner has reasonable grounds to believe that such
16 registration or renewal will have the effect of defeating the purposes
17 of this subdivision. Such denial shall only remain in effect as long as
18 the summonses remain unanswered, or in the case of an administrative
19 tribunal, the registrant fails to comply with the rules and regulations
20 following entry of a final decision.
21 (ii) For purposes of this paragraph, the term "motor vehicle operated
22 for hire" shall mean and include a taxicab, livery, coach, limousine or
23 tow truck.
24 § 20. Paragraph a of subdivision 5-a of section 401 of the vehicle and
25 traffic law, as separately amended by chapters 339 and 592 of the laws
26 of 1987, is amended to read as follows:
27 a. If at the time of application for a registration or renewal thereof
28 there is a certification from a court or administrative tribunal of
29 appropriate jurisdiction that the registrant or his or her represen-
30 tative failed to appear on the return date or any subsequent adjourned
31 date or failed to comply with the rules and regulations of an adminis-
32 trative tribunal following entry of a final decision in response to a
33 total of three or more summonses or other process in the aggregate,
34 issued within an eighteen month period, charging either that (i) such
35 motor vehicle was parked, stopped or standing, or that such motor vehi-
36 cle was operated for hire by the registrant or his or her agent without
37 being licensed as a motor vehicle for hire by the appropriate local
38 authority, in violation of any of the provisions of this chapter or of
39 any law, ordinance, rule or regulation made by a local authority or (ii)
40 the registrant was liable in accordance with section eleven hundred
41 eleven-b of this chapter for a violation of subdivision (d) of section
42 eleven hundred eleven of this chapter, the commissioner or his or her
43 agent shall deny the registration or renewal application until the
44 applicant provides proof from the court or administrative tribunal wher-
45 ein the charges are pending that an appearance or answer has been made
46 or in the case of an administrative tribunal that he or she has complied
47 with the rules and regulations of said tribunal following entry of a
48 final decision. Where an application is denied pursuant to this section,
49 the commissioner may, in his or her discretion, deny a registration or
50 renewal application to any other person for the same vehicle and may
51 deny a registration or renewal application for any other motor vehicle
52 registered in the name of the applicant where the commissioner has
53 determined that such registrant's intent has been to evade the purposes
54 of this subdivision and where the commissioner has reasonable grounds to
55 believe that such registration or renewal will have the effect of
56 defeating the purposes of this subdivision. Such denial shall only
S. 1240 9
1 remain in effect as long as the summonses remain unanswered, or in the
2 case of an administrative tribunal, the registrant fails to comply with
3 the rules and regulations following entry of a final decision.
4 § 21. The vehicle and traffic law is amended by adding a new section
5 1111-b to read as follows:
6 § 1111-b. Owner liability for failure of operator to comply with
7 traffic-control indications; city of Buffalo in the county of Erie. (a)
8 Notwithstanding any other provision of law, the municipality of the city
9 of Buffalo is hereby authorized and empowered to adopt and amend a local
10 law or ordinance establishing a program imposing monetary liability on
11 the owner of a vehicle for failure of an operator thereof to comply with
12 traffic-control indications in such municipality in accordance with the
13 provisions of this section. Such program shall empower such municipality
14 to install and operate traffic-control signal photo-monitoring devices
15 at intersections and highway-railroad crossings within such munici-
16 pality.
17 (b) For purposes of this section:
18 1. the term "municipality" shall mean the city of Buffalo located
19 within the county of Erie; and
20 2. the term "parking violations bureau" or "bureau" shall mean the
21 parking violations bureau of the city of Buffalo located within the
22 county of Erie.
23 (c) In the municipality which has adopted a local law or ordinance
24 pursuant to subdivision (a) of this section, the owner of a vehicle
25 shall be liable for a penalty imposed pursuant to this section if such
26 vehicle was used or operated with the permission of the owner, express
27 or implied, in violation of subdivision (d) of section eleven hundred
28 eleven of this article, and such violation is evidenced by information
29 obtained from a traffic-control signal violation-monitoring system;
30 provided however that no owner of a vehicle shall be liable for a penal-
31 ty imposed pursuant to this section where the operator of such vehicle
32 has been convicted of the underlying violation of subdivision (d) of
33 section eleven hundred eleven of this article.
34 (d) For purposes of this section, "owner" shall have the meaning
35 provided in article two-B of this chapter. For purposes of this section,
36 "traffic-control signal violation-monitoring system" shall mean a vehi-
37 cle sensor installed to work in conjunction with a traffic-control
38 signal which automatically produces two or more photographs, two or more
39 microphotographs, a videotape or other recorded images of each vehicle
40 at the time it is used or operated in violation of subdivision (d) of
41 section eleven hundred eleven of this article.
42 (e) A certificate, sworn to or affirmed by a technician employed by
43 the municipality in which the charged violation occurred, or a facsimile
44 thereof, based upon inspection of photographs, microphotographs, vide-
45 otape or other recorded images produced by a traffic-control signal
46 violation-monitoring system, shall be prima facie evidence of the facts
47 contained therein. Any photographs, microphotographs, videotape or other
48 recorded images evidencing such a violation shall be available for
49 inspection in any proceeding to adjudicate the liability for such
50 violation pursuant to a local law or ordinance adopted pursuant to this
51 section.
52 (f) An owner liable for a violation of subdivision (d) of section
53 eleven hundred eleven of this article pursuant to a local law or ordi-
54 nance adopted pursuant to this section shall be liable for monetary
55 penalties in accordance with a schedule of fines and penalties to be
56 promulgated by the parking violations bureau. The liability of the
S. 1240 10
1 owner pursuant to this section shall not exceed fifty dollars for each
2 violation; provided, however, that such local law or ordinance may
3 provide for an additional penalty not in excess of twenty-five dollars
4 for each violation for the failure to respond to a notice of liability
5 within the prescribed time period. Any monetary penalties received due
6 to the installation and operation of traffic-control signal photo-moni-
7 toring devices in the municipality in accordance with this section shall
8 be deposited to the credit of and received by such municipality after
9 the payment of any administrative costs.
10 (g) An imposition of liability under a local law or ordinance adopted
11 pursuant to this section shall not be deemed a conviction as an operator
12 and shall not be made part of the operating record of the person upon
13 whom such liability is imposed nor shall it be used for insurance
14 purposes in the provision of motor vehicle insurance coverage.
15 (h) 1. A notice of liability shall be sent by first class mail to each
16 person alleged to be liable as an owner for a violation of subdivision
17 (d) of section eleven hundred eleven of this article pursuant to this
18 section. Personal delivery on the owner shall not be required. A manual
19 or automatic record of mailing prepared in the ordinary course of busi-
20 ness shall be prima facie evidence of the facts contained therein.
21 2. A notice of liability shall contain the name and address of the
22 person alleged to be liable as an owner for a violation of subdivision
23 (d) of section eleven hundred eleven of this article pursuant to this
24 section, the registration number of the vehicle involved in such
25 violation, the location where such violation took place, the date and
26 time of such violation and the identification number of the camera which
27 recorded the violation or other document locator number.
28 3. The notice of liability shall contain information advising the
29 person charged of the manner and the time in which he or she may contest
30 the liability alleged in the notice. Such notice of liability shall also
31 contain a warning to advise the persons charged that failure to contest
32 in the manner and time provided shall be deemed an admission of liabil-
33 ity and that a default judgment may be entered thereon.
34 4. The notice of liability shall be prepared and mailed by the munici-
35 pality or by any other entity authorized by the municipality to prepare
36 and mail such notification of violation.
37 (i) Adjudication of the liability imposed upon owners by this section
38 shall be by the parking violations bureau.
39 (j) 1. If an owner receives a notice of liability pursuant to this
40 section for any time period during which the vehicle was reported to the
41 police department as having been stolen, it shall be a valid defense to
42 an allegation of liability for a violation of subdivision (d) of section
43 eleven hundred eleven of this article pursuant to this section that the
44 vehicle had been reported to the police as stolen prior to the time the
45 violation occurred and had not been recovered by such time. For purposes
46 of asserting the defense provided by this subdivision it shall be suffi-
47 cient that a certified copy of the police report on the stolen vehicle
48 be sent by first class mail to the parking violations bureau.
49 2. If an owner receives a notice of liability pursuant to this section
50 pertaining to an allegation of liability for a violation of subdivision
51 (d) of section eleven hundred eleven of this article, it shall be a
52 valid defense to such allegation that the operator of the vehicle at the
53 time of such alleged violation was compelled to yield right-of-way to an
54 authorized emergency vehicle engaged in an emergency operation, as
55 defined in sections one hundred one and one hundred fourteen-b, respec-
56 tively, of this chapter. The defense provided for in this paragraph may
S. 1240 11
1 be asserted by the owner if prior to the time to plead or appear with
2 respect to such violation, the owner sends to the parking violations
3 bureau by certified mail, return receipt requested, a written notifica-
4 tion that he or she intends to assert such defense. After receipt of
5 such notification, the municipality shall review the photographs, micro-
6 photographs, videotape or other recorded images at issue in the case,
7 and shall advise the parking violations bureau whether or not the notice
8 of liability should be withdrawn. If the municipality finds that the
9 notice of liability should be withdrawn, the case shall be dismissed. If
10 the case is not dismissed, the owner shall be notified of such determi-
11 nation and shall be given the opportunity for a hearing, at which the
12 municipality shall make available the photographs, microphotographs,
13 videotape or other recorded images at issue in the case.
14 (k) An owner who is a lessor of a vehicle to which a notice of liabil-
15 ity was issued pursuant to subdivision (h) of this section shall not be
16 liable for the violation of subdivision (d) of section eleven hundred
17 eleven of this article, provided that:
18 1. prior to the violation, the lessor has filed with the bureau in
19 accordance with the provisions of section two hundred thirty-nine of
20 this chapter; and
21 2. within thirty-seven days after receiving notice from the bureau of
22 the date and time of a liability, together with the other information
23 contained in the original notice of liability, the lessor submits to the
24 bureau the correct name and address of the lessee of the vehicle identi-
25 fied in the notice of liability at the time of such violation, together
26 with such other additional information contained in the rental, lease or
27 other contract document, as may be reasonably required by the bureau
28 pursuant to regulations that may be promulgated for such purpose.
29 (i) Failure to comply with paragraph two of this subdivision shall
30 render the owner liable for the penalty prescribed in this section.
31 (ii) Where the lessor complies with the provisions of this subdivi-
32 sion, the lessee of such vehicle on the date of such violation shall be
33 deemed to be the owner of such vehicle for purposes of this section,
34 shall be subject to liability for such violation pursuant to this
35 section and shall be sent a notice of liability pursuant to subdivision
36 (h) of this section.
37 (l) If the owner liable for a violation of subdivision (d) of section
38 eleven hundred eleven of this article pursuant to this section was not
39 the operator of the vehicle at the time of the violation, the owner may
40 maintain an action for indemnification against the operator.
41 (m) Nothing in this section shall be construed to limit the liability
42 of an operator of a vehicle for any violation of subdivision (d) of
43 section eleven hundred eleven of this article.
44 § 22. Subdivision 1 of section 1809 of the vehicle and traffic law, as
45 amended by section 2 of part DD of chapter 56 of the laws of 2008, is
46 amended to read as follows:
47 1. Whenever proceedings in an administrative tribunal or a court of
48 this state result in a conviction for an offense under this chapter or a
49 traffic infraction under this chapter, or a local law, ordinance, rule
50 or regulation adopted pursuant to this chapter, other than a traffic
51 infraction involving standing, stopping, or parking or violations by
52 pedestrians or bicyclists, or other than an adjudication of liability of
53 an owner for a violation of subdivision (d) of section eleven hundred
54 eleven of this chapter in accordance with section eleven hundred
55 eleven-a or eleven hundred eleven-b of this chapter, there shall be
56 levied a crime victim assistance fee and a mandatory surcharge, in addi-
S. 1240 12
1 tion to any sentence required or permitted by law, in accordance with
2 the following schedule:
3 (a) Whenever proceedings in an administrative tribunal or a court of
4 this state result in a conviction for a traffic infraction pursuant to
5 article nine of this chapter, there shall be levied a crime victim
6 assistance fee in the amount of five dollars and a mandatory surcharge,
7 in addition to any sentence required or permitted by law, in the amount
8 of twenty-five dollars.
9 (b) Whenever proceedings in an administrative tribunal or a court of
10 this state result in a conviction for a misdemeanor or felony pursuant
11 to section eleven hundred ninety-two of this chapter, there shall be
12 levied, in addition to any sentence required or permitted by law, a
13 crime victim assistance fee in the amount of twenty-five dollars and a
14 mandatory surcharge in accordance with the following schedule:
15 (i) a person convicted of a felony shall pay a mandatory surcharge of
16 three hundred dollars;
17 (ii) a person convicted of a misdemeanor shall pay a mandatory
18 surcharge of one hundred seventy-five dollars.
19 (c) Whenever proceedings in an administrative tribunal or a court of
20 this state result in a conviction for an offense under this chapter
21 other than a crime pursuant to section eleven hundred ninety-two of this
22 chapter, or a traffic infraction under this chapter, or a local law,
23 ordinance, rule or regulation adopted pursuant to this chapter, other
24 than a traffic infraction involving standing, stopping, or parking or
25 violations by pedestrians or bicyclists, or other than an adjudication
26 of liability of an owner for a violation of subdivision (d) of section
27 eleven hundred eleven of this chapter in accordance with section eleven
28 hundred eleven-a or eleven hundred eleven-b of this chapter or other
29 than an infraction pursuant to article nine of this chapter or other
30 than an adjudication of liability of an owner for a violation of toll
31 collection regulations pursuant to section two thousand nine hundred
32 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, there shall be levied a crime victim
35 assistance fee in the amount of five dollars and a mandatory surcharge,
36 in addition to any sentence required or permitted by law, in the amount
37 of fifty-five dollars.
38 § 23. Subdivision 1 of section 371 of the general municipal law, as
39 amended by chapter 496 of the laws of 1990, is amended to read as
40 follows:
41 1. A traffic violations bureau so established may be authorized to
42 dispose of violations of traffic laws, ordinances, rules and regulations
43 when such offenses shall not constitute the traffic infraction known as
44 speeding or a misdemeanor or felony, and, if authorized by local law or
45 ordinance, to adjudicate the liability of owners for violations of
46 subdivision (d) of section eleven hundred eleven of the vehicle and
47 traffic law in accordance with section eleven hundred eleven-a or eleven
48 hundred eleven-b of such law.
49 § 24. Section 371 of the general municipal law, as amended by chapter
50 802 of the laws of 1949, is amended to read as follows:
51 § 371. Jurisdiction and procedure. A traffic violations bureau so
52 established may be authorized to dispose of violations of traffic laws,
53 ordinances, rules and regulations when such offenses shall not consti-
54 tute the traffic infraction known as speeding or a misdemeanor or felo-
55 ny, and, if authorized by local law or ordinance, to adjudicate the
56 liability of owners for violations of subdivision (d) of section eleven
S. 1240 13
1 hundred eleven of the vehicle and traffic law in accordance with section
2 eleven hundred eleven-b of such law, by permitting a person charged with
3 an offense within the limitations herein stated, to answer, within a
4 specified time, at the traffic violations bureau, either in person or by
5 written power of attorney in such form as may be prescribed in the ordi-
6 nance creating the bureau, by paying a prescribed fine and, in writing,
7 waiving a hearing in court, pleading guilty to the charge or admitting
8 liability as an owner for the violation of subdivision (d) of section
9 eleven hundred eleven of the vehicle and traffic law, as the case may
10 be, and authorizing the person in charge of the bureau to make such a
11 plea or admission and pay such a fine in court. Acceptance of the
12 prescribed fine and power of attorney by the bureau shall be deemed
13 complete satisfaction for the violation or of the liability, and the
14 violator or owner liable for a violation of subdivision (d) of section
15 eleven hundred eleven of the vehicle and traffic law shall be given a
16 receipt which so states. If a person charged with a traffic violation
17 does not answer as hereinbefore prescribed, within a designated time,
18 the bureau shall cause a complaint to be entered against him or her
19 forthwith and a warrant to be issued for his or her arrest and appear-
20 ance before the court. Any person who shall have been, within the
21 preceding twelve months, guilty of a number of parking violations in
22 excess of such maximum number as may be designated by the court, or of
23 three or more violations other than parking violations, shall not be
24 permitted to appear and answer to a subsequent violation at the traffic
25 violations bureau, but must appear in court at a time specified by the
26 bureau. Such traffic violations bureau shall not be authorized to
27 deprive a person of his or her right to counsel or to prevent him or her
28 from exercising his or her right to appear in court to answer to,
29 explain, or defend any charge of a violation of any traffic law, ordi-
30 nance, rule or regulation.
31 § 25. Subdivision 2 of section 87 of the public officers law is
32 amended by adding a new paragraph (k) to read as follows:
33 (k) are photographs, microphotographs, videotape or other recorded
34 images prepared under authority of section eleven hundred eleven-b of
35 the vehicle and traffic law.
36 § 26. The purchase or lease of equipment for a program established
37 pursuant to section 1111-b of the vehicle and traffic law shall be
38 subject to the provisions of section 103 of the general municipal law.
39 § 27. This act shall take effect immediately; provided, however that:
40 (a) the amendments to subdivision 1 of section 235 of the vehicle and
41 traffic law made by section one of this act shall be subject to the
42 expiration and reversion of such subdivision pursuant to section 406 of
43 chapter 166 of the laws of 1991, as amended, when upon such date the
44 provisions of section two of this act shall take effect;
45 (b) the amendments to section 235 of the vehicle and traffic law made
46 by section two of this act shall be subject to the expiration and rever-
47 sion of such section pursuant to section 17 of chapter 746 of the laws
48 of 1988, as amended, when upon such date the provisions of section three
49 of this act shall take effect;
50 (c) the amendments to subdivision 1 of section 236 of the vehicle and
51 traffic law made by section four of this act shall be subject to the
52 expiration and reversion of such subdivision pursuant to section 17 of
53 chapter 746 of the laws of 1988, as amended, when upon such date the
54 provisions of section five of this act shall take effect;
55 (d) the amendments to subdivision 10 of section 237 of the vehicle and
56 traffic law made by section six of this act shall be subject to the
S. 1240 14
1 repeal of such subdivision pursuant to section 17 of chapter 746 of the
2 laws of 1988, as amended, when upon such date the provisions of section
3 seven of this act shall take effect;
4 (e) the amendments to paragraph f of subdivision 1 of section 239 of
5 the vehicle and traffic law made by section eight of this act shall be
6 subject to the expiration and reversion of such paragraph pursuant to
7 section 17 of chapter 746 of the laws of 1988, as amended, when upon
8 such date the provisions of section nine of this act shall take effect;
9 (f) the amendments to subdivision 1 of section 240 of the vehicle and
10 traffic law made by section eleven of this act shall be subject to the
11 expiration and reversion of such subdivision pursuant to section 17 of
12 chapter 746 of the laws of 1988, as amended, when upon such date the
13 provisions of section twelve of this act shall take effect;
14 (g) the amendments to subdivision 1-a of section 240 of the vehicle
15 and traffic law made by section thirteen of this act shall be subject to
16 the expiration and reversion of such subdivision pursuant to section 17
17 of chapter 746 of the laws of 1988, as amended, when upon such date the
18 provisions of section fourteen of this act shall take effect;
19 (h) the amendments to paragraphs a and g of subdivision 2 of section
20 240 of the vehicle and traffic law made by section fifteen of this act
21 shall be subject to the expiration and reversion of such paragraphs
22 pursuant to section 17 of chapter 746 of the laws of 1988, as amended,
23 when upon such date the provisions of section sixteen of this act shall
24 take effect;
25 (i) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
26 cle and traffic law made by section seventeen of this act shall be
27 subject to the expiration and reversion of such subdivisions pursuant to
28 section 17 of chapter 746 of the laws of 1988, as amended, when upon
29 such date the provisions of section eighteen of this act shall take
30 effect;
31 (j) the amendments to paragraph a of subdivision 5-a of section 401 of
32 the vehicle and traffic law made by section nineteen of this act shall
33 be subject to the expiration and reversion of such paragraph pursuant to
34 section 17 of chapter 746 of the laws of 1988, as amended, when upon
35 such date the provisions of section twenty of this act shall take
36 effect;
37 (k) the amendments made to subdivision 1 of section 1809 of the vehi-
38 cle and traffic law made by section twenty-two of this act shall not
39 affect the expiration of such subdivision and shall be deemed to expire
40 therewith; and
41 (l) the amendments to subdivision 1 of section 371 of the general
42 municipal law made by section twenty-three of this act shall be subject
43 to the expiration and reversion of such subdivision pursuant to section
44 17 of chapter 746 of the laws of 1988, as amended, when upon such date
45 the provisions of section twenty-four of this act shall take effect.
