S01240 Summary:

BILL NOS01240
 
SAME ASSAME AS A06021
 
SPONSORTHOMPSON
 
COSPNSRKRUEGER
 
MLTSPNSR
 
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.
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S01240 Actions:

BILL NOS01240
 
01/28/2009REFERRED TO TRANSPORTATION
01/06/2010REFERRED TO TRANSPORTATION
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S01240 Floor Votes:

There are no votes for this bill in this legislative session.
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S01240 Text:



 
                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.
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