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A08703 Summary:

BILL NOA08703B
 
SAME ASSAME AS S07955-B
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd §§236, 401, 1174, 1174-a, 1180-e & 1803, V & T L
 
Relates to school bus stop-arm cameras and the adjudication of traffic infractions related thereto.
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A08703 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8703--B
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 30, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported and referred to the Committee on Codes -- recommitted to  the
          Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to amend the vehicle and traffic law, in relation to school bus
          stop-arm cameras
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 1 and paragraph d of subdivision 2 of section
     2  236 of the vehicle and traffic law, subdivision 1 as amended by  section
     3  2  of  part N of chapter 58 of the laws of 2025, paragraph d of subdivi-
     4  sion 2 as amended by chapter 342 of the laws of  1981,  are  amended  to
     5  read as follows:
     6    1.  Creation. In any city as hereinbefore or hereafter authorized such
     7  tribunal when created shall be known as the  parking  violations  bureau
     8  and  shall  have  jurisdiction of traffic infractions which constitute a
     9  parking violation and, any county, town, or village or hereafter author-
    10  ized such tribunal when created  shall  be  known  as  a  traffic-camera
    11  violations  bureau, where authorized: (a) to adjudicate the liability of
    12  owners for violations of subdivision (d) of section eleven hundred elev-
    13  en of this chapter imposed pursuant to a local law or ordinance imposing
    14  monetary liability on the owner of a vehicle for failure of an  operator
    15  thereof to comply with traffic-control indications through the installa-
    16  tion  and operation of traffic-control signal photo violation-monitoring
    17  systems, in accordance with article twenty-four of this chapter, or  (b)
    18  to adjudicate the liability of owners for violations of subdivision (b),
    19  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    20  imposed pursuant to a demonstration program imposing monetary  liability
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13028-04-6

        A. 8703--B                          2
 
     1  on  the  owner of a vehicle for failure of an operator thereof to comply
     2  with such posted maximum speed limits through the installation and oper-
     3  ation of photo speed violation monitoring systems,  in  accordance  with
     4  article  thirty  of  this chapter, or (c) to adjudicate the liability of
     5  owners for violations of bus lane restrictions  as  defined  by  article
     6  twenty-four  of  this  chapter  imposed  pursuant to a bus rapid transit
     7  program imposing monetary liability on the owner of a vehicle for  fail-
     8  ure  of  an  operator  thereof to comply with such bus lane restrictions
     9  through the installation and operation of bus  lane  photo  devices,  in
    10  accordance  with  article twenty-four of this chapter, or (d) to adjudi-
    11  cate the liability of owners for violations  of  toll  collection  regu-
    12  lations  imposed  by  certain  public  authorities  pursuant  to the law
    13  authorizing such public authorities to impose monetary liability on  the
    14  owner  of  a  vehicle  for failure of an operator thereof to comply with
    15  toll collection regulations  of  such  public  authorities  through  the
    16  installation  and  operation  of photo-monitoring systems, in accordance
    17  with the provisions of section two thousand nine hundred eighty-five  of
    18  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    19  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    20  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for
    21  violations of section eleven hundred seventy-four of this  chapter  when
    22  meeting  a  school  bus  marked and equipped as provided in subdivisions
    23  twenty and twenty-one-c of section three hundred  seventy-five  of  this
    24  chapter  imposed  pursuant to a local law or ordinance imposing monetary
    25  liability on the owner of a vehicle for failure of an  operator  thereof
    26  to  comply  with  school bus red visual signals through the installation
    27  and operation of school  bus  photo  violation  monitoring  systems,  in
    28  accordance  with  article twenty-nine of this chapter, or (f) to adjudi-
    29  cate the liability of owners for violations  of  section  three  hundred
    30  eighty-five  of  this  chapter  and  the rules of the applicable covered
    31  agency or covered authority as such terms are defined in article ten  of
    32  this  chapter  in  relation  to  gross vehicle weight and/or axle weight
    33  violations imposed pursuant to a weigh in motion  demonstration  program
    34  imposing  monetary liability on the owner of a vehicle for failure of an
    35  operator thereof to comply with such gross vehicle  weight  and/or  axle
    36  weight  restrictions  through the installation and operation of weigh in
    37  motion violation monitoring systems, in accordance with article  ten  of
    38  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    39  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
    40  eighty of this chapter  imposed  pursuant  to  a  demonstration  program
    41  imposing  monetary liability on the owner of a vehicle for failure of an
    42  operator thereof to comply with such posted maximum speed limits  within
    43  a highway construction or maintenance work area through the installation
    44  and operation of photo speed violation monitoring systems, in accordance
    45  with  article thirty of this chapter, or (h) to adjudicate the liability
    46  of owners for violations of bus operation-related traffic regulations as
    47  defined by article twenty-four of this chapter  imposed  pursuant  to  a
    48  demonstration  program  imposing  monetary  liability  on the owner of a
    49  vehicle for failure of an operator thereof to comply with such bus oper-
    50  ation-related traffic regulations through the installation and operation
    51  of bus operation-related photo devices, in accordance with article twen-
    52  ty-four of this chapter. Such tribunal, except in a city  with  a  popu-
    53  lation of one million or more, shall also have jurisdiction of abandoned
    54  vehicle  violations.  For  the  purposes  of  this  article,  a  parking
    55  violation is the violation of any law, rule or regulation providing  for
    56  or  regulating  the parking, stopping or standing of a vehicle. In addi-

        A. 8703--B                          3
 
     1  tion for purposes of this article, "commissioner" shall mean and include
     2  the commissioner of traffic  of  the  city  or  an  official  possessing
     3  authority as such a commissioner.
     4    d.  The commissioner shall appoint hearing examiners who shall preside
     5  at hearings for the adjudication of charges of  parking  violations  and
     6  other  violations  authorized  by  law.    Hearing  examiners  shall  be
     7  appointed and shall serve for such number of sessions as may  be  deter-
     8  mined  by the commissioner and shall receive therefor, such remuneration
     9  as may be fixed. Such hearing examiners shall not be considered  employ-
    10  ees  of  the  county, city, town, or village in which the administrative
    11  tribunal has been established. Every hearing examiner  shall  have  been
    12  admitted  to  the practice of law in this state for a period of at least
    13  five years, except in cities having a population of one million or  more
    14  persons where they shall have been admitted to such practice for a peri-
    15  od  of at least three years. Hearing examiners shall be appointed from a
    16  list of eligible candidates who have satisfied the standards established
    17  by a duly constituted committee of the bar association of the county  in
    18  which the city is located or, the association of the bar of that city.
    19    § 2. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    20  of  the  vehicle  and traffic law,  as amended by section 7 of part N of
    21  chapter 58 of the laws of 2025, is amended to read as follows:
    22    (i) If at the time of application for a registration or renewal there-
    23  of there is a certification from a  court,  parking  violations  bureau,
    24  traffic  and  parking  violations  agency  or administrative tribunal of
    25  appropriate jurisdiction that the  registrant  or  their  representative
    26  failed  to appear on the return date or any subsequent adjourned date or
    27  failed to comply with the rules and  regulations  of  an  administrative
    28  tribunal  following  entry  of  a final decision in response to either a
    29  total of three or more summonses or  other  process  in  the  aggregate,
    30  issued within an eighteen month period, or summonses or other process in
    31  the aggregate resulting in total monetary liability of two hundred fifty
    32  dollars  or  greater,  charging  either that: (i) such motor vehicle was
    33  parked, stopped or standing, or that such motor vehicle was operated for
    34  hire by the registrant or their agent without being licensed as a  motor
    35  vehicle for hire by the appropriate local authority, in violation of any
    36  of  the  provisions  of  this  chapter or of any law, ordinance, rule or
    37  regulation made by a local authority; or (ii) the registrant was  liable
    38  for  a  violation of subdivision (d) of section eleven hundred eleven of
    39  this chapter imposed pursuant to a local law or ordinance imposing mone-
    40  tary liability on the owner of a vehicle  for  failure  of  an  operator
    41  thereof to comply with traffic-control indications through the installa-
    42  tion  and operation of traffic-control signal photo violation-monitoring
    43  systems, in accordance with article  twenty-four  of  this  chapter;  or
    44  (iii) the registrant was liable for a violation of subdivision (b), (c),
    45  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
    46  pursuant  to  a demonstration program imposing monetary liability on the
    47  owner of a vehicle for failure of an operator  thereof  to  comply  with
    48  such  posted maximum speed limits through the installation and operation
    49  of photo speed violation monitoring systems, in accordance with  article
    50  thirty  of  this  chapter;  or  (iv)  the  registrant  was  liable for a
    51  violation of bus lane restrictions as defined by article twenty-four  of
    52  this  chapter  imposed  pursuant to a bus rapid transit program imposing
    53  monetary liability on the owner of a vehicle for failure of an  operator
    54  thereof  to comply with such bus lane restrictions through the installa-
    55  tion and operation of bus lane photo devices, in accordance with article
    56  twenty-four of this chapter; or (v) the  registrant  was  liable  for  a

        A. 8703--B                          4

     1  violation  of  section  eleven hundred seventy-four of this chapter when
     2  meeting a school bus marked and equipped  as  provided  in  subdivisions
     3  twenty  and  twenty-one-c  of section three hundred seventy-five of this
     4  chapter  imposed  pursuant to a local law or ordinance imposing monetary
     5  liability on the owner of a vehicle for failure of an  operator  thereof
     6  to  comply  with  school bus red visual signals through the installation
     7  and operation of school  bus  photo  violation  monitoring  systems,  in
     8  accordance  with article twenty-nine of this chapter; or (vi) the regis-
     9  trant was liable for a violation of section three hundred eighty-five of
    10  this chapter and the rules of the applicable covered agency  or  covered
    11  authority  as  such  terms are defined in article ten of this chapter in
    12  relation to gross vehicle weight and/or axle weight  violations  imposed
    13  pursuant  to  a  weigh in motion demonstration program imposing monetary
    14  liability on the owner of a vehicle for failure of an  operator  thereof
    15  to comply with such gross vehicle weight and/or axle weight restrictions
    16  through  the  installation  and  operation  of weigh in motion violation
    17  monitoring systems, in accordance with article ten of this  chapter;  or
    18  (vii) the registrant was liable for a violation of subdivision (b), (d),
    19  (f)  or  (g)  of  section  eleven hundred eighty of this chapter imposed
    20  pursuant to a demonstration program imposing monetary liability  on  the
    21  owner  of  a  vehicle  for failure of an operator thereof to comply with
    22  such posted maximum speed limits within a highway construction or  main-
    23  tenance  work area through the installation and operation of photo speed
    24  violation monitoring systems, in accordance with article thirty of  this
    25  chapter,  or  (viii)  the  registrant  was liable for a violation of bus
    26  operation-related traffic regulations as defined by article  twenty-four
    27  of  this  chapter  imposed  pursuant to a demonstration program imposing
    28  monetary liability on the owner of a vehicle for failure of an  operator
    29  thereof  to  comply  with such bus operation-related traffic regulations
    30  through the installation and operation of  bus  operation-related  photo
    31  devices,  in  accordance  with  article twenty-four of this chapter, the
    32  commissioner or their agent  shall  deny  the  registration  or  renewal
    33  application  until  the applicant provides proof from the court, traffic
    34  and parking violations agency or  administrative  tribunal  wherein  the
    35  charges are pending that an appearance or answer has been made or in the
    36  case of an administrative tribunal that such applicant has complied with
    37  the  rules  and  regulations of said tribunal following entry of a final
    38  decision. Where an application is denied pursuant to this  section,  the
    39  commissioner  may,  in  their discretion, deny a registration or renewal
    40  application to any other person for the same  vehicle  and  may  deny  a
    41  registration  or  renewal application for any other motor vehicle regis-
    42  tered in the name of the applicant where the commissioner has determined
    43  that such registrant's intent has been to evade  the  purposes  of  this
    44  subdivision and where the commissioner has reasonable grounds to believe
    45  that  such registration or renewal will have the effect of defeating the
    46  purposes of this subdivision. Such denial shall only remain in effect as
    47  long as the summonses remain unanswered, or in the case of  an  adminis-
    48  trative  tribunal,  the  registrant  fails  to comply with the rules and
    49  regulations following entry of a final decision.
    50    § 3. Subdivision (a) of section 1174 of the vehicle and  traffic  law,
    51  as  amended  by  chapter  597 of the laws of 1990, is amended to read as
    52  follows:
    53    (a) The driver of a vehicle upon a public highway, street  or  private
    54  road  upon  meeting  or overtaking from either direction any school bus,
    55  for which there shall be a rebuttable presumption that such  school  bus
    56  was  marked  and  equipped  as provided in subdivision twenty of section

        A. 8703--B                          5
 
     1  three hundred seventy-five of this chapter  which  has  stopped  on  the
     2  public  highway,  street or private road for the purpose of receiving or
     3  discharging any passengers, or which has stopped because a school bus in
     4  front  of  it  has stopped to receive or discharge any passengers, shall
     5  stop the vehicle before reaching such school bus when there is in opera-
     6  tion on said school bus a red visual signal as specified in  subdivision
     7  twenty  of  section  three hundred seventy-five of this chapter and said
     8  driver shall not proceed until such school bus resumes motion, or  until
     9  signaled  by the driver or a police officer to proceed. For the purposes
    10  of this section, and in  addition  to  the  provisions  of  section  one
    11  hundred  thirty-four  of  this  chapter, the term "public highway" shall
    12  mean any area used for the parking of motor vehicles or used as a drive-
    13  way located on the grounds of a school or  of  a  board  of  cooperative
    14  educational  services  facility or any area used as a means of access to
    15  and egress from such school or facility.
    16    § 4. Paragraphs 1 and 2 of subdivision (a) of section  1174-a  of  the
    17  vehicle  and  traffic law, as amended by section 1 of part AA of chapter
    18  56 of the laws of 2024, are amended to read as follows:
    19    1. Notwithstanding any other provision of law, a county, city, town or
    20  village located within a school district ("district") is hereby  author-
    21  ized  and empowered to adopt and amend a local law or ordinance applica-
    22  ble to all roadways within its boundaries establishing  a  demonstration
    23  program  imposing monetary liability on the owner of a vehicle for fail-
    24  ure of an operator thereof to comply with  subdivision  (a)  of  section
    25  eleven  hundred  seventy-four  of this article when meeting a school bus
    26  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    27  of  section  three  hundred seventy-five of this chapter and operated in
    28  such county, city, town or village, in accordance with the provisions of
    29  this section. Such demonstration  program  shall  empower  such  county,
    30  city,  town or village to install and operate school bus photo violation
    31  monitoring systems which may be stationary or mobile, and which  may  be
    32  installed,  pursuant  to an agreement with a school district within such
    33  county, city, town or village, on school buses  owned  and  operated  by
    34  such  school  district  or privately owned and operated for compensation
    35  under contract with  such  district.  Provided,  however,  that  (a)  no
    36  stationary  school  bus  photo  violation  monitoring  system  shall  be
    37  installed or operated by a county, city, town or village except on road-
    38  ways under the jurisdiction of such county, city, town or  village,  and
    39  (b)  no  mobile  school  bus  photo violation monitoring system shall be
    40  installed or operated on any such school buses unless such county, city,
    41  town or village and such district  enter  into  an  agreement  for  such
    42  installation and operation.
    43    2. Any image or images captured by school bus photo violation monitor-
    44  ing  systems  shall  be  inadmissible  in  any  disciplinary  proceeding
    45  convened by any school district or any school  bus  contractor  thereof,
    46  and any proceeding initiated by the department involving licensure priv-
    47  ileges   of  school  bus  operators.  [Any]  Notwithstanding  any  other
    48  provision of this section, any school  bus  photo  violation  monitoring
    49  device  mounted  on  a  school bus shall be directed outwardly from such
    50  school bus to capture images of vehicles operated in violation of subdi-
    51  vision (a) of section eleven hundred seventy-four of this  article,  and
    52  images  produced by such device shall not be used for any other purpose,
    53  including federal immigration enforcement assistance, except as provided
    54  by section eleven  hundred  eleven-c  of  this  title,  for  statistical
    55  purposes, educational purposes, or other governmental purposes.

        A. 8703--B                          6
 
     1    §  5.  Subparagraph  (i)  of paragraph 3 of subdivision (a) of section
     2  1174-a of the vehicle and traffic law, as added by chapter  145  of  the
     3  laws of 2019, is amended to read as follows:
     4    (i)  [Any]  Until  final  disposition  of a notice of liability issued
     5  pursuant to this section, any participating  school  district  shall  be
     6  prohibited from accessing any photographs, microphotographs, videotapes,
     7  other recorded images or data from school bus photo violation monitoring
     8  systems  allegedly  evidencing  a motor vehicle operated in violation of
     9  subdivision (a) of section eleven hundred seventy-four of this  article,
    10  but shall provide, pursuant to an agreement with a county, city, town or
    11  village as provided in this section, for the proper handling and custody
    12  of such photographs, microphotographs, videotapes, other recorded images
    13  and data produced by such systems, and for the forwarding of such photo-
    14  graphs,  microphotographs, videotapes, other recorded images and data to
    15  the applicable county, city, town or village for the purpose  of  deter-
    16  mining  whether a motor vehicle was operated in violation of subdivision
    17  (a) of section eleven hundred seventy-four of this [title]  article  and
    18  imposing monetary liability on the owner of such motor vehicle therefor.
    19    §  6.  Paragraph 4 of subdivision (a) of section 1174-a of the vehicle
    20  and traffic law, as added by chapter 145 of the laws of  2019,  subpara-
    21  graph (iii) as amended by section 1 of part AA of chapter 56 of the laws
    22  of 2024, is amended to read as follows:
    23    4.  A  county,  city,  town  or  village  establishing a demonstration
    24  program pursuant to this section shall adopt  and  enforce  measures  to
    25  protect  the  privacy  of  drivers, passengers, pedestrians and cyclists
    26  whose identity and identifying information may be captured by  a  school
    27  bus photo violation monitoring device. Such measures shall include:
    28    (i)  utilization  of  necessary  technologies to ensure, to the extent
    29  practicable,  that  photographs  produced  by  such  school  bus   photo
    30  violation  monitoring systems shall not include images that identify the
    31  driver, the passengers, the contents of  the  vehicle,  pedestrians  and
    32  cyclists. Provided, however, that no notice of liability issued pursuant
    33  to this section shall be dismissed solely because a photograph or photo-
    34  graphs  allow  for  the  identification  of  the  contents of a vehicle,
    35  provided that such county, city, town or village has made  a  reasonable
    36  effort to comply with the provisions of this paragraph;
    37    (ii)  a  prohibition  on the use or dissemination of vehicles' license
    38  plate information and other information and images  captured  by  school
    39  bus photo violation monitoring systems except: (A) as required to estab-
    40  lish  liability  under this section or collect payment of penalties; (B)
    41  as required by court order; or (C) as otherwise  required  permitted  by
    42  law;
    43    (iii) the installation of signage in conformance with standards estab-
    44  lished in the MUTCD at each roadway entrance of the jurisdictional boun-
    45  daries  of  such county, city, town or village giving notice that school
    46  bus photo violation monitoring systems are used to enforce  restrictions
    47  on  vehicles  violating subdivision (a) of section eleven hundred seven-
    48  ty-four of this article. For the purposes of this  paragraph,  the  term
    49  "roadway"  shall not include state expressway routes or state interstate
    50  routes but shall include controlled-access highway exit ramps that enter
    51  the jurisdictional boundaries of a county, city, town or village; and
    52    (iv) oversight procedures to ensure compliance with the aforementioned
    53  privacy protection measures.
    54    § 7. Subdivision (c) of section 1174-a of the vehicle and traffic law,
    55  as added by chapter 145 of the laws of  2019,  is  amended  to  read  as
    56  follows:

        A. 8703--B                          7
 
     1    (c)  For  purposes of this section, the following terms shall have the
     2  following meanings: "county" shall have the meaning provided in  section
     3  three  of  the  county  law, except that such term shall not include any
     4  county wholly contained within a city; "local  tribunal"  shall  mean  a
     5  traffic  violations bureau established pursuant to section three hundred
     6  seventy of the general municipal law where the violation occurred or, if
     7  there be none, by the court having jurisdiction over traffic infractions
     8  where the violation occurred, except that if a county,  city,  town,  or
     9  village has established an administrative tribunal to hear and determine
    10  complaints  of  traffic  infractions  constituting  parking, standing or
    11  stopping violations such county, city, town, or village  may,  by  local
    12  law,  authorize such adjudication by such tribunal and except that adju-
    13  dication of liability imposed upon owners by this section for violations
    14  occurring in the city of New York shall be by the New York city  parking
    15  violations  bureau;  "manual  on  uniform  traffic  control  devices" or
    16  "MUTCD" shall mean the manual and specifications for a uniform system of
    17  traffic control devices maintained by the commissioner of transportation
    18  pursuant to section sixteen hundred  eighty  of  this  chapter;  "owner"
    19  shall  have  the  meaning  provided  in  article  two-B of this chapter;
    20  "school district" shall have the  meaning  as  "educational  agency"  as
    21  provided  in  section  two-d of the education law; and "school bus photo
    22  violation monitoring system" shall mean a  device  that  is  capable  of
    23  operating  independently of an enforcement officer which is installed to
    24  work in conjunction with a school bus stop-arm and  which  automatically
    25  produces  two or more photographs, two or more microphotographs, a vide-
    26  otape or other recorded images of a vehicle at the time it  is  used  or
    27  operated  in  violation  of  subdivision  (a)  of section eleven hundred
    28  seventy-four of this article.
    29    § 8. Paragraph 2 of subdivision (g) of section 1174-a of  the  vehicle
    30  and traffic law, as amended by section 4 of part AA of chapter 56 of the
    31  laws  of  2024,  is  amended  and  a new paragraph 4 is added to read as
    32  follows:
    33    2. A notice of liability shall contain the name  and  address  of  the
    34  person  alleged  to be liable as an owner for a violation of subdivision
    35  (a) of section eleven hundred seventy-four of this article  pursuant  to
    36  this section[,]; the registration number of the vehicle involved in such
    37  violation[,]; the location where such violation took place, the date and
    38  time  of  such violation[,]; the identification number of the school bus
    39  photo violation monitoring system which recorded the violation or  other
    40  document  locator  number[,];  and the registration number of the school
    41  bus on which the school bus  photo  violation  monitoring  system  which
    42  recorded  the  violation was installed; instructions for payment, noting
    43  that payment is deemed an admission of liability;  information  advising
    44  the  person charged of the manner and the time in which they may contest
    45  the liability alleged in the notice within thirty-seven days of receipt,
    46  which may include an in-person hearing in accordance with the provisions
    47  of subdivision (h) of this section, and at the discretion of  the  local
    48  tribunal,  may also include contestation by online video conferencing or
    49  by mail through submission of a written explanation.
    50    4. For the purposes of this section, the notice of liability  contain-
    51  ing the information set forth in paragraph two of this subdivision shall
    52  be  deemed  sufficient  to  initiate  proceedings in accordance with the
    53  procedures set forth in this subdivision and  subdivision  (h)  of  this
    54  section.

        A. 8703--B                          8
 
     1    § 9. Subdivision (h) of section 1174-a of the vehicle and traffic law,
     2  as  added  by  chapter  145  of  the laws of 2019, is amended to read as
     3  follows:
     4    (h)  Adjudication of the liability imposed upon owners by this section
     5  shall be by [a traffic violations bureau established pursuant to section
     6  three hundred seventy of the general municipal law where  the  violation
     7  occurred  or,  if  there  be none, by the court having jurisdiction over
     8  traffic infractions where the violation occurred, except that if a  city
     9  has  established  an  administrative  tribunal  to  hear  and  determine
    10  complaints of traffic  infractions  constituting  parking,  standing  or
    11  stopping  violations such city may, by local law, authorize such adjudi-
    12  cation by such tribunal] a local tribunal pursuant to this section.  For
    13  any  local  tribunal  pursuant  to this section having jurisdiction over
    14  traffic infractions where the violation occurred, a notice of  liability
    15  validly imposed in accordance with subdivision (g) of this section shall
    16  be  valid for purposes of such tribunal adjudicating such liability, and
    17  such tribunal shall adjudicate such liability in a manner not inconsist-
    18  ent with the procedures for a hearing  officer  pursuant  to  paragraphs
    19  (a),  (b)  and  (c) of subdivision two of sections two hundred forty and
    20  two hundred forty-one of this  chapter.  Provided,  however,  subsequent
    21  judicial  review  may be sought pursuant to article seventy-eight of the
    22  civil practice law and rules. Notwithstanding  any  other  provision  of
    23  law,  such  local  tribunal  may  adjudicate  such liability remotely by
    24  online video conferencing or by mail through  submission  of  a  written
    25  explanation.  Within fourteen business days after the local tribunal has
    26  rendered  a decision, a notice of decision shall be prepared and sent by
    27  first class mail to the owner by the local tribunal or its designee.   A
    28  manual or automatic record of mailing prepared in the ordinary course of
    29  business  shall  be prima facie evidence of the facts contained therein.
    30  If the owner is deemed liable, they shall be notified that nonpayment of
    31  the penalty imposed in the manner and time provided shall be  deemed  an
    32  admission of liability and that a default judgment may be entered there-
    33  on.
    34    §  10. Paragraphs 1, 2 and 2-b of subdivision (a) of section 1180-e of
    35  the vehicle and traffic law, paragraphs 1 and 2 as amended by section  1
    36  and  paragraph  2-b as added by section 2 of part Q of chapter 58 of the
    37  laws of 2025, are amended to read as follows:
    38    1. Notwithstanding any other provision of  law,  the  commissioner  of
    39  transportation is hereby authorized to establish a demonstration program
    40  imposing  monetary liability on the owner of a vehicle for failure of an
    41  operator thereof to comply with posted maximum speed limits in a highway
    42  construction or maintenance work area  located  on  a  controlled-access
    43  highway:  (i) when highway construction or maintenance work is occurring
    44  and a work area speed limit is in effect as provided in paragraph two of
    45  subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
    46  this  article;  or (ii) when highway construction or maintenance work is
    47  occurring and other speed limits are in effect as provided  in  subdivi-
    48  sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
    49  hundred eighty of this article. Such demonstration program shall empower
    50  the commissioner to install photo  speed  violation  monitoring  systems
    51  within no more than forty highway construction or maintenance work areas
    52  located on controlled-access highways and to operate such systems within
    53  such  work areas; (iii) when highway construction or maintenance work is
    54  occurring and a work area speed limit is in effect as provided in  para-
    55  graph  two  of  subdivision  (d)  or  subdivision  (f) of section eleven
    56  hundred eighty of this article; or (iv)  when  highway  construction  or

        A. 8703--B                          9
 
     1  maintenance  work  is  occurring and other speed limits are in effect as
     2  provided in subdivision (b) or (g) or paragraph one of  subdivision  (d)
     3  of  section  eleven hundred eighty of this article. The commissioner, in
     4  consultation  with  the  superintendent of the division of state police,
     5  shall determine the location of the highway construction or  maintenance
     6  work  areas  located  on a controlled-access highway in which to install
     7  and operate photo speed violation monitoring systems.   In  selecting  a
     8  highway  construction  or  maintenance work area in which to install and
     9  operate a photo speed  violation  monitoring  system,  the  commissioner
    10  shall  consider  criteria including, but not limited to, the speed data,
    11  crash  history,  and  roadway  geometry  applicable  to   such   highway
    12  construction  or maintenance work area. A photo speed violation monitor-
    13  ing system shall not be installed or  operated  on  a  controlled-access
    14  highway exit ramp.  The commissioner and a local tribunal may enter into
    15  a  memorandum  of understanding for the purposes of facilitating adjudi-
    16  cation of liability imposed upon owners by this section. Such memorandum
    17  may address provisions for cost sharing and  prosecutorial  responsibil-
    18  ities.
    19    2.  Notwithstanding any other provision of law, after holding a public
    20  hearing in accordance  with  the  public  officers  law  and  subsequent
    21  approval  of  the establishment of a demonstration program in accordance
    22  with this section by a majority of the members of the  entire  board  of
    23  the  thruway  authority,  the  chair  of the thruway authority is hereby
    24  authorized  to  establish  a  demonstration  program  imposing  monetary
    25  liability  on  the owner of a vehicle for failure of an operator thereof
    26  to comply with posted maximum speed limits in a highway construction  or
    27  maintenance   work  area  located  on  the  thruway:  (i)  when  highway
    28  construction or maintenance work is occurring  and  a  work  area  speed
    29  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    30  subdivision (f) of section eleven hundred eighty  of  this  article;  or
    31  (ii)  when  highway  construction  or  maintenance work is occurring and
    32  other speed limits are in effect as provided in subdivision (b)  or  (g)
    33  or  paragraph one of subdivision (d) of section eleven hundred eighty of
    34  this article. Such demonstration program shall  empower  such  chair  to
    35  install  photo  speed  violation  monitoring systems within no more than
    36  twenty highway construction or maintenance work  areas  located  on  the
    37  thruway  and  to operate such systems within such work areas; (iii) when
    38  highway construction or maintenance work is occurring and  a  work  area
    39  speed limit is in effect as provided in paragraph two of subdivision (d)
    40  or  subdivision (f) of section eleven hundred eighty of this article; or
    41  (iv) when highway construction or  maintenance  work  is  occurring  and
    42  other  speed  limits are in effect as provided in subdivision (b) or (g)
    43  or paragraph one of subdivision (d) of section eleven hundred eighty  of
    44  this  article.  The chair of the thruway authority, in consultation with
    45  the superintendent of the division of state police, shall determine  the
    46  location  of  the highway construction or maintenance work areas located
    47  on the thruway in which to install and  operate  photo  speed  violation
    48  monitoring  systems.  In selecting a highway construction or maintenance
    49  work area in which to install and operate a photo speed violation  moni-
    50  toring  system,  such  chair  shall consider criteria including, but not
    51  limited to, the speed data, crash history, and roadway geometry applica-
    52  ble to such highway construction or maintenance work area. A photo speed
    53  violation monitoring system shall not be  installed  or  operated  on  a
    54  thruway  exit  ramp.    The  chair  of the thruway authority and a local
    55  tribunal may enter into a memorandum of understanding for  the  purposes
    56  of  facilitating  adjudication  of liability imposed upon owners by this

        A. 8703--B                         10

     1  section. Such memorandum may address provisions  for  cost  sharing  and
     2  prosecutorial responsibilities.
     3    2-b.  Notwithstanding  any  other  provision  of  law, after holding a
     4  public hearing in accordance with the public officers law and subsequent
     5  approval of the establishment of a demonstration program  in  accordance
     6  with  this  section  by a majority of the members of the entire board of
     7  the bridge authority, the  chair  of  the  bridge  authority  is  hereby
     8  authorized  to  establish  a  demonstration  program  imposing  monetary
     9  liability on the owner of a vehicle for failure of an  operator  thereof
    10  to  comply with posted maximum speed limits in a highway construction or
    11  maintenance work area located on bridge authority facilities:  (i)  when
    12  highway  construction  or  maintenance work is occurring and a work area
    13  speed limit is in effect as provided in paragraph two of subdivision (d)
    14  or subdivision (f) of section eleven hundred eighty of this article;  or
    15  (ii)  when  highway  construction  or  maintenance work is occurring and
    16  other speed limits are in effect as provided in subdivision (b)  or  (g)
    17  or  paragraph one of subdivision (d) of section eleven hundred eighty of
    18  this article. Such demonstration program shall  empower  such  chair  to
    19  install  photo  speed  violation  monitoring systems within no more than
    20  five highway construction or maintenance work areas  located  on  bridge
    21  authority facilities and to operate such systems within such work areas;
    22  (iii)  when  highway construction or maintenance work is occurring and a
    23  work area speed limit is in effect  as  provided  in  paragraph  two  of
    24  subdivision  (d)  or subdivision (f) of section eleven hundred eighty of
    25  this article; or (iv) when highway construction or maintenance  work  is
    26  occurring  and  other speed limits are in effect as provided in subdivi-
    27  sion (b) or (g) or paragraph one of subdivision (d)  of  section  eleven
    28  hundred  eighty  of  this article. The chair of the bridge authority, in
    29  consultation with the superintendent of the division  of  state  police,
    30  shall  determine the location of the highway construction or maintenance
    31  work areas located on bridge authority facilities in  which  to  install
    32  and  operate  photo  speed violation monitoring systems.  In selecting a
    33  highway construction or maintenance work area in which  to  install  and
    34  operate  a  photo  speed  violation  monitoring system, such chair shall
    35  consider criteria including, but not limited to, the speed  data,  crash
    36  history, and roadway geometry applicable to such highway construction or
    37  maintenance  work  area. The New York state department of transportation
    38  may enter into a memorandum of understanding with the  bridge  authority
    39  for  the purposes of coordinating the planning, design, and installation
    40  of  photo  speed  violation  monitoring  systems  in  such  photo  speed
    41  violation   monitoring  demonstration  program.  Such  memorandum  shall
    42  address, for purposes of such demonstration program, the use of systems,
    43  devices and other facilities owned and operated by the state. The  chair
    44  of the bridge authority and a local tribunal may enter into a memorandum
    45  of  understanding  for  the  purposes  of  facilitating  adjudication of
    46  liability imposed upon owners  by  this  section.  Such  memorandum  may
    47  address provisions for cost sharing and prosecutorial responsibilities.
    48    § 11. Paragraphs 12 and 13 of subdivision (c) of section 1180-e of the
    49  vehicle  and  traffic law, as added by section 2 of part Q of chapter 58
    50  of the laws of 2025, are amended and a new paragraph 14 is added to read
    51  as follows:
    52    12. "Triborough bridge and tunnel authority"  shall  mean  the  corpo-
    53  ration  organized  pursuant  to  section  five  hundred fifty-two of the
    54  public authorities law; [and]
    55    13. "Triborough bridge and tunnel authority facility" shall  mean  the
    56  following  bridges  and tunnels under the jurisdiction of the Triborough

        A. 8703--B                         11
 
     1  bridge and tunnel authority: the Bronx-Whitestone bridge; the Cross  Bay
     2  Veterans  Memorial  bridge; the Henry Hudson bridge; the Marine Parkway-
     3  Gil Hodges Memorial bridge; the Robert F.  Kennedy  bridge;  the  Throgs
     4  Neck  bridge;  the  Verrazzano-Narrows bridge; the Hugh L. Carey tunnel;
     5  and the Queens Midtown tunnel[.]; and
     6    14. "Local tribunal" shall mean a  traffic  violations  bureau  estab-
     7  lished  pursuant to section three hundred seventy of the general munici-
     8  pal law where the violation occurred or, if there be none, by the  court
     9  having   jurisdiction  over  traffic  infractions  where  the  violation
    10  occurred, except that if a county, city, town,  or  village  has  estab-
    11  lished  an  administrative  tribunal to hear and determine complaints of
    12  traffic  infractions  constituting   parking,   standing   or   stopping
    13  violations  such  county,  city,  town,  or  village  may, by local law,
    14  authorize such adjudication by such tribunal  and  except  that  adjudi-
    15  cation  of  liability imposed upon owners by this section for violations
    16  occurring in the city of New York shall be by the New York city  parking
    17  violations bureau.
    18    § 12. Subdivision (g) of section 1180-e of the vehicle and traffic law
    19  is amended by adding a new paragraph 5 to read as follows:
    20    5.  For the purposes of this section, the notice of liability contain-
    21  ing the information set forth in paragraph two of this subdivision shall
    22  be deemed sufficient to initiate  proceedings  in  accordance  with  the
    23  procedures  set  forth  in  this subdivision and subdivision (h) of this
    24  section.
    25    § 13. Subdivision (h) of section 1180-e of  the  vehicle  and  traffic
    26  law,  as  amended  by  section  2 of part Q of chapter 58 of the laws of
    27  2025, is amended to read as follows:
    28    (h) Adjudication of the liability imposed upon owners by this  section
    29  shall be by a [traffic violations bureau established pursuant to section
    30  three  hundred  seventy of the general municipal law where the violation
    31  occurred or, if there be none, by the  court  having  jurisdiction  over
    32  traffic  infractions where the violation occurred, except that if a city
    33  has  established  an  administrative  tribunal  to  hear  and  determine
    34  complaints  of  traffic  infractions  constituting  parking, standing or
    35  stopping violations such city may, by local law, authorize such  adjudi-
    36  cation  by  such  tribunal  and  except  that  adjudication of liability
    37  imposed upon owners by this section for violations occurring in the city
    38  of New York shall be by the New York city  parking  violations  bureau.]
    39  local tribunal pursuant to this section. For any local tribunal pursuant
    40  to  this  section having jurisdiction over traffic infractions where the
    41  violation occurred, a notice of liability validly imposed in  accordance
    42  with subdivision (g) of this section shall be valid for purposes of such
    43  tribunal adjudicating such liability, and such tribunal shall adjudicate
    44  such  liability  in  a manner not inconsistent with the procedures for a
    45  hearing officer pursuant to paragraphs (a), (b) and (c)  of  subdivision
    46  two  of  sections  two  hundred  forty and two hundred forty-one of this
    47  chapter. Provided, however, subsequent judicial  review  may  be  sought
    48  pursuant  to  article seventy-eight of the civil practice law and rules.
    49  Notwithstanding any other provision of  law,  such  local  tribunal  may
    50  adjudicate  such  liability  remotely by online video conferencing or by
    51  mail through submission of a written explanation.  Within fourteen busi-
    52  ness days after the local tribunal has rendered a decision, a notice  of
    53  decision  shall be prepared and sent by first class mail to the owner by
    54  the local tribunal or its designee.   A manual or  automatic  record  of
    55  mailing prepared in the ordinary course of business shall be prima facie
    56  evidence  of the facts contained therein. If the owner is deemed liable,

        A. 8703--B                         12
 
     1  they shall be notified that nonpayment of the  penalty  imposed  in  the
     2  manner  and  time provided shall be deemed an admission of liability and
     3  that a default judgment may be entered thereon.
     4    §  14.  The  opening  paragraph  of subparagraph (i) of paragraph 2 of
     5  subdivision (j) of section 1180-e of the vehicle  and  traffic  law,  as
     6  amended  by  section  2  of part Q of chapter 58 of the laws of 2025, is
     7  amended to read as follows:
     8    In the city of New York and in any  county,  city,  town,  or  village
     9  which,  by  local  law,  has  authorized  the  adjudication of liability
    10  imposed upon owners by this section by a parking violations  bureau,  an
    11  owner  who  is  a lessor of a vehicle to which a notice of liability was
    12  issued pursuant to subdivision (g) of this section shall not  be  liable
    13  for  the violation of subdivision (b), (d), (f) or (g) of section eleven
    14  hundred eighty of this article, provided that:
    15    § 15. Subdivision 10 of section 1803 of the vehicle and  traffic  law,
    16  as  added  by  chapter  145  of  the laws of 2019, is amended to read as
    17  follows:
    18    10. Except where a county by local law has authorized  an  administra-
    19  tive  tribunal to hear impositions of monetary liability on the owner of
    20  a vehicle for failure of an operator  thereof  to  comply  with  section
    21  eleven  hundred  seventy-four of this chapter in accordance with section
    22  eleven hundred seventy-four-a of this chapter or as  otherwise  provided
    23  in  paragraph  e  of subdivision one of this section, where a county has
    24  established a demonstration program imposing monetary liability  on  the
    25  owner  of  a  vehicle  for failure of an operator thereof to comply with
    26  section eleven hundred seventy-four of this chapter in  accordance  with
    27  section  eleven  hundred  seventy-four-a  of  this  chapter, any fine or
    28  penalty collected by a court, judge, magistrate or other officer for  an
    29  imposition of liability which occurs within such county pursuant to such
    30  program shall be paid to the state comptroller within the first ten days
    31  of the month following collection.  Every such payment shall be accompa-
    32  nied  by  a  statement  in such form and detail as the comptroller shall
    33  provide. The comptroller shall pay ninety percent of any  such  fine  or
    34  penalty  imposed for such liability to the county in which the violation
    35  giving rise to the liability occurred, and ten percent of any such  fine
    36  or  penalty  to  the city, town or village in which the violation giving
    37  rise to the liability occurred.
    38    § 16. This act shall take effect immediately; provided, however,  that
    39  the amendments to:
    40    1.  paragraphs  1  and  2  of subdivision (a) of section 1174-a of the
    41  vehicle and traffic law made by section  four  of  this  act  shall  not
    42  affect  the  repeal  of such section and shall be deemed repealed there-
    43  with;
    44    2. subparagraph (i) of paragraph  3  of  subdivision  (a)  of  section
    45  1174-a  of  the vehicle and traffic law made by section five of this act
    46  shall not affect the repeal of such section and shall be deemed repealed
    47  therewith;
    48    3. paragraph 4 of subdivision (a) of section 1174-a of the vehicle and
    49  traffic law made by section six of this act shall not affect the  repeal
    50  of such section and shall be deemed repealed therewith;
    51    4.  subdivision  (c)  of section 1174-a of the vehicle and traffic law
    52  made by section seven of this act shall not affect the  repeal  of  such
    53  section and shall be deemed repealed therewith;
    54    5. paragraph 2 of subdivision (g) of section 1174-a of the vehicle and
    55  traffic  law  made  by  section  eight  of this act shall not affect the
    56  repeal of such section and shall be deemed repealed therewith;

        A. 8703--B                         13
 
     1    6. subdivision (h) of section 1174-a of the vehicle  and  traffic  law
     2  made  by  section  nine  of this act shall not affect the repeal of such
     3  section and shall be deemed repealed therewith;
     4    7. paragraphs 1, 2 and 2-b of subdivision (a) of section 1180-e of the
     5  vehicle and traffic law made by section ten of this act shall not affect
     6  the repeal of such section and shall be deemed repealed therewith;
     7    8.  paragraphs  12,  13 and 14 of subdivision (c) of section 1180-e of
     8  the vehicle and traffic law made by section eleven of this act shall not
     9  affect the repeal of such section and shall be  deemed  repealed  there-
    10  with;
    11    9. paragraph 5 of subdivision (g) of section 1180-e of the vehicle and
    12  traffic  law  made  by  section  twelve of this act shall not affect the
    13  repeal of such section and shall be deemed repealed therewith;
    14    10. subdivision (h) of section 1180-e of the vehicle and  traffic  law
    15  made by section thirteen of this act shall not affect the repeal of such
    16  section and shall be deemed repealed therewith;
    17    11.  subparagraph  (i)  of  paragraph  2 of subdivision (j) of section
    18  1180-e of the vehicle and traffic law made by section fourteen  of  this
    19  act  shall  not  affect  the  repeal of such section and shall be deemed
    20  repealed therewith; and
    21    12. subdivision 10 of section 1803 of the vehicle and traffic law made
    22  by section fifteen of this act shall  not  affect  the  repeal  of  such
    23  subdivision and shall be deemed repealed therewith.
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