Relates to owner liability for failure of an operator to comply with street cleaning parking rules; relates to access to records prepared pursuant to street cleaning parking rules.
STATE OF NEW YORK
________________________________________________________________________
10036
IN SENATE
April 24, 2026
___________
Introduced by Sen. JACKSON -- 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, in relation to owner
liability for failure of an operator to comply with street cleaning
parking rules; to amend the public officers law, in relation to access
to records prepared pursuant to street cleaning parking rules; and
providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1111-j to read as follows:
3 § 1111-j. Owner liability for failure of an operator to comply with
4 street cleaning parking rules. (a) 1. Notwithstanding any other
5 provision of law, the city of New York is hereby authorized to establish
6 a demonstration program imposing monetary liability on the owner of a
7 vehicle for failure of an operator thereof to comply with posted street
8 cleaning parking rules in such city in accordance with the provisions of
9 this section. Such demonstration program shall empower the New York
10 city department of sanitation to install street cleaning vehicle photo
11 devices on street cleaning vehicles along street cleaning routes at
12 locations determined by such department in such city and to administer
13 such program in consultation with the New York city department of trans-
14 portation; provided that, in the first year of such demonstration
15 program, street cleaning vehicle photo devices may be operated in no
16 more than five community districts within such city at any one time;
17 provided further that, in the second year of such program, street clean-
18 ing vehicle photo devices may be operated in no more than fifteen commu-
19 nity districts within such city at any one time; provided further that,
20 in the third year of such program, street cleaning vehicle photo devices
21 may be operated in no more than twenty-five community districts within
22 such city at any one time; provided further that, in the fourth year of
23 such program, street cleaning vehicle photo devices may be operated in
24 no more than forty community districts within such city at any one time;
25 and provided further that, in the fifth year of such program and in any
26 subsequent year of such program, cameras may be active in all community
27 districts within such city at any one time.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15652-01-6
S. 10036 2
1 2. Any photographs, microphotographs, videotape or other recorded
2 images captured by street cleaning vehicle photo devices shall be inad-
3 missible in any disciplinary proceeding convened by the department and
4 any proceeding initiated by the department involving licensure privi-
5 leges of street cleaning vehicle operators. Any street cleaning vehicle
6 photo device mounted on a street cleaning vehicle shall be directed
7 outwardly from such vehicle to capture images of vehicles operated in
8 violation of street cleaning parking rules, and images produced by such
9 device shall not be used for any other purpose in the absence of a court
10 order requiring such images to be produced.
11 3. No street cleaning vehicle photo device shall be used unless on the
12 day it is to be used it has successfully passed a self-test of its func-
13 tions.
14 4. (i) Such demonstration program shall utilize necessary technologies
15 to ensure, to the extent practicable, that photographs, microphoto-
16 graphs, videotape or other recorded images produced by such street
17 cleaning vehicle photo device shall not include images that identify the
18 driver, the passengers, or the contents of the vehicle. Provided,
19 however, that no notice of liability issued pursuant to this section
20 shall be dismissed solely because such a photograph, microphotograph,
21 videotape or other recorded image allows for the identification of the
22 driver, the passengers, or the contents of vehicles where the city shows
23 that it made reasonable efforts to comply with the provisions of this
24 paragraph in such case.
25 (ii) Photographs, microphotographs, videotape or any other recorded
26 image from a street cleaning vehicle photo device shall be for the
27 exclusive use of the city for the purpose of the adjudication of liabil-
28 ity imposed pursuant to this section and of the owner receiving a notice
29 of liability pursuant to this section, and shall be destroyed by the
30 city upon the final resolution of the notice of liability to which such
31 photographs, microphotographs, videotape or other recorded images
32 relate, or one year following the date of issuance of such notice of
33 liability, whichever is later. Notwithstanding the provisions of any
34 other law, rule or regulation to the contrary, photographs, microphoto-
35 graphs, videotape or any other recorded image from a street
36 cleaning vehicle photo device shall not be open to the public, nor
37 subject to civil or criminal process or discovery, nor used by any
38 court or administrative or adjudicatory body in any action or proceed-
39 ing therein except that which is necessary for the adjudication of a
40 notice of liability issued pursuant to this section, and no
41 public entity or employee, officer or agent thereof shall disclose
42 such information, except that such photographs, microphotographs,
43 videotape or any other recorded images from such devices:
44 (A) shall be available for inspection and copying and use by the motor
45 vehicle owner and operator for so long as such photographs, microphoto-
46 graphs, videotape or other recorded images are required to be maintained
47 or are maintained by such public entity, employee, officer or agent; and
48 (B) (1) shall be furnished when described in a search warrant issued
49 by a court authorized to issue such a search warrant pursuant to article
50 six hundred ninety of the criminal procedure law or a federal court
51 authorized to issue such a search warrant under federal law, where such
52 search warrant states that there is reasonable cause to believe such
53 information constitutes evidence of, or tends to demonstrate that, a
54 misdemeanor or felony offense was committed in this state or another
55 state, or that a particular person participated in the commission of a
56 misdemeanor or felony offense in this state or another state, provided,
S. 10036 3
1 however, that if such offense was against the laws of another state, the
2 court shall only issue a warrant if the conduct comprising such offense
3 would, if occurring in this state, constitute a misdemeanor or felony
4 against the laws of this state; and
5 (2) shall be furnished in response to a subpoena duces tecum signed by
6 a judge of competent jurisdiction and issued pursuant to article six
7 hundred ten of the criminal procedure law or a judge or magistrate of a
8 federal court authorized to issue such a subpoena duces tecum under
9 federal law, where the judge finds and the subpoena states that there is
10 reasonable cause to believe such information is relevant and material to
11 the prosecution, or the defense, or the investigation by an authorized
12 law enforcement official, of the alleged commission of a misdemeanor or
13 felony in this state or another state, provided, however, that if such
14 offense was against the laws of another state, such judge or magistrate
15 shall only issue such subpoena if the conduct comprising such offense
16 would, if occurring in this state, constitute a misdemeanor or felony in
17 this state; and
18 (3) may, if lawfully obtained pursuant to this clause and clause (A)
19 of this subparagraph and otherwise admissible, be used in such criminal
20 action or proceeding.
21 5. Every street cleaning vehicle upon which a street cleaning vehicle
22 photo device is installed and operated pursuant to a demonstration
23 program authorized pursuant to this section shall be equipped with
24 signs, placards or other displays giving notice to motor vehicle opera-
25 tors that street cleaning vehicle photo devices are used to enforce
26 street cleaning parking rules.
27 6. Warning notices of violation shall be issued during the first sixty
28 days that street cleaning vehicle photo devices pursuant to a demon-
29 stration program authorized by this section are active and in operation.
30 7. The city of New York shall adopt and enforce measures:
31 (i) to upgrade signage at regular intervals within street cleaning
32 routes stating that street cleaning vehicle photo devices are used to
33 enforce street cleaning parking rules along such routes; and
34 (ii) to prohibit the use or dissemination of vehicles' license plate
35 information and other information and images captured by street cleaning
36 vehicle photo devices except: (A) as required to establish liability
37 under this section or collect payment of penalties; (B) as required by
38 court order; or (C) as otherwise required by law.
39 (b) If the city of New York has established a program pursuant to
40 subdivision (a) of this section, the owner of a vehicle shall be liable
41 for a penalty imposed pursuant to this section if such vehicle was
42 parked in violation of any street cleaning parking rule of such city and
43 such violation is evidenced by information obtained from a street clean-
44 ing vehicle photo device.
45 (c) For purposes of this section, the following terms shall have the
46 following meanings:
47 1. "Owner" shall have the meaning provided in article two-B of this
48 chapter.
49 2. "Street cleaning routes" shall mean street cleaning routes desig-
50 nated by the New York city department of sanitation that include
51 upgraded signage stating that street cleaning vehicle photo devices are
52 used to enforce street cleaning parking rules.
53 3. "Street cleaning parking rules" shall mean the prohibited parking
54 of any vehicle on one side of the street to allow for cleaning by the
55 New York city department of sanitation during designated time periods as
S. 10036 4
1 posted by signage pursuant to the rules of the New York city department
2 of transportation.
3 4. "Street cleaning vehicle" shall mean a vehicle operated by the New
4 York city department of sanitation that is designed to wash dirt and
5 grime, and remove litter and debris, from the street surface.
6 5. "Street cleaning vehicle photo device" shall mean a device that is
7 mounted on a street cleaning vehicle, is capable of operating independ-
8 ently of an enforcement officer and produces one or more images of each
9 vehicle at the time it is in violation of street cleaning parking rules.
10 (d) A certificate, sworn to or affirmed by a technician employed by
11 the city of New York in which the charged violation occurred, or a
12 facsimile thereof, based upon inspection of photographs, microphoto-
13 graphs, videotape or other recorded images produced by a street cleaning
14 vehicle photo device, shall be prima facie evidence of the facts
15 contained therein. Any photographs, microphotographs, videotape or other
16 recorded images evidencing such a violation shall be available for
17 inspection in any proceeding to adjudicate the liability for such
18 violation pursuant to this section.
19 (e) An owner liable for a violation of a street cleaning parking rule
20 imposed on any route shall be liable for monetary penalties in accord-
21 ance with a schedule of fines and penalties promulgated by the parking
22 violations bureau of the city of New York; provided, however, that the
23 monetary penalty for violating a street cleaning parking rule shall not
24 exceed fifty dollars for each violation; provided, further, that an
25 owner shall be liable for an additional penalty not to exceed twenty-
26 five dollars for each violation for the failure to respond to a notice
27 of liability within the prescribed time period.
28 (f) An imposition of liability under the demonstration program estab-
29 lished pursuant to this section shall not be deemed a conviction as an
30 operator and shall not be made part of the operating record of the
31 person upon whom such liability is imposed nor shall it be used for
32 insurance purposes in the provision of motor vehicle insurance coverage.
33 (g) 1. A notice of liability shall be sent by first class mail to each
34 person alleged to be liable as an owner for a violation of a street
35 cleaning parking rule. Personal delivery on the owner shall not be
36 required. A manual or automatic record of mailing prepared in the ordi-
37 nary course of business shall be prima facie evidence of the facts
38 contained therein.
39 2. A notice of liability shall contain the name and address of the
40 person alleged to be liable as an owner for violation of a street clean-
41 ing parking rule, the registration number of the vehicle involved in
42 such violation, the location where such violation took place including
43 the street or cross streets, one or more images identifying the
44 violation, the date and time of such violation and the identification
45 number of the street cleaning vehicle photo device that recorded the
46 violation or other document locator number.
47 3. The notice of liability shall contain information advising the
48 person charged of the manner and the time in which such person may
49 contest the liability alleged in the notice. Such notice of liability
50 shall also contain a warning to advise the person charged that failure
51 to contest in the manner and time provided shall be deemed an admission
52 of liability and that a default judgment may be entered thereon.
53 4. The notice of liability shall be prepared and mailed by an agency
54 or agencies designated by the city of New York, or any other entity
55 authorized by such city to prepare and mail such notification of
56 violation.
S. 10036 5
1 5. Adjudication of the liability imposed upon owners by this section
2 shall be by the New York city parking violations bureau.
3 (h) If an owner of a vehicle receives a notice of liability pursuant
4 to this section for any time period during which the vehicle was
5 reported to the police department as having been stolen, it shall be a
6 valid defense to an allegation of liability for violation of a street
7 cleaning parking rule of such city, that the vehicle had been reported
8 to the police as stolen prior to the time the violation occurred and had
9 not been recovered by such time. For purposes of asserting the defense
10 provided by this subdivision it shall be sufficient that a certified
11 copy of the police report on the stolen vehicle be sent by first class
12 mail to the parking violations bureau.
13 (i) 1. An owner who is a lessor of a vehicle to which a notice of
14 liability was issued pursuant to subdivision (g) of this section shall
15 not be liable for the violation of the street cleaning parking rule,
16 provided that:
17 (i) prior to the violation, the lessor has filed with such parking
18 violations bureau in accordance with the provisions of section two
19 hundred thirty-nine of this chapter; and
20 (ii) within thirty-seven days after receiving notice from such bureau
21 of the date and time of such liability, together with the other informa-
22 tion contained in the original notice of liability, the lessor submits
23 to such bureau the correct name and address of the lessee of the vehicle
24 identified in the notice of liability at the time of such violation,
25 together with such other additional information contained in the rental,
26 lease or other contract document, as may be reasonably required by such
27 bureau pursuant to regulations that may be promulgated for such purpose.
28 2. Failure to comply with subparagraph (ii) of paragraph one of this
29 subdivision shall render the lessor liable for the penalty prescribed in
30 this section.
31 3. Where the lessor complies with the provisions of paragraph one of
32 this subdivision, the lessee of such vehicle on the date of such
33 violation shall be deemed to be the owner of such vehicle for purposes
34 of this section, shall be subject to liability for such violation pursu-
35 ant to this section, and shall be sent a notice of liability pursuant to
36 subdivision (g) of this section.
37 (j) 1. If the owner liable for a violation of a street cleaning park-
38 ing rule pursuant to this section was not the operator of the vehicle
39 at the time of such violation, the owner may maintain an action for
40 indemnification against the operator.
41 2. Notwithstanding any other provision of this section, no owner of a
42 vehicle shall be subject to a monetary fine imposed pursuant to this
43 section if the operator of such vehicle was operating such vehicle with-
44 out the consent of the owner at the time such operator failed to obey a
45 street cleaning parking rule. For purposes of this subdivision there
46 shall be a presumption that the operator of such vehicle was operating
47 such vehicle with the consent of the owner at the time such operator
48 failed to obey a street cleaning parking rule.
49 (k) Nothing in this section shall be construed to limit the liability
50 of an operator of a vehicle for any violation of a street cleaning park-
51 ing rule.
52 (l) If the city of New York adopts a demonstration program pursuant to
53 subdivision (a) of this section, such city's department of sanitation
54 shall submit a report on the results of the use of street cleaning park-
55 ing rule-related photo devices to the governor, the temporary president
56 of the senate, and the speaker of the assembly by April first, two thou-
S. 10036 6
1 sand twenty-nine and every two years thereafter. The department of
2 sanitation of the city of New York shall also make such reports avail-
3 able on their public-facing websites, provided that they may provide
4 aggregate data from paragraph one of this subdivision if the city finds
5 that publishing specific location data would jeopardize public safety.
6 Such report shall include, but not be limited to:
7 1. a description of the locations and/or vehicles where street clean-
8 ing vehicle photo devices were used;
9 2. the total number of violations recorded on a monthly and annual
10 basis;
11 3. the total number of notices of liability issued;
12 4. the number of fines and total amount of fines paid after the first
13 notice of liability;
14 5. the number of violations adjudicated and results of such adjudi-
15 cations including breakdowns of dispositions made;
16 6. the total amount of revenue realized by such city and department;
17 7. the quality of the adjudication process and its results;
18 8. the total number of cameras;
19 9. the total cost to such city; and
20 10. an assessment by the New York city department of sanitation of the
21 efficacy of the program in enabling such department to clean the city's
22 streets.
23 (m) It shall be a defense to any prosecution for a violation of a
24 street cleaning parking rule pursuant to a demonstration program adopted
25 pursuant to this section that such street cleaning vehicle photo devices
26 were malfunctioning at the time of the alleged violation.
27 § 2. Subdivision 1 of section 235 of the vehicle and traffic law, as
28 amended by section 1 of part N of chapter 58 of the laws of 2025, is
29 amended to read as follows:
30 1. Notwithstanding any inconsistent provision of any general, special
31 or local law or administrative code to the contrary, in any city which
32 heretofore or hereafter is authorized to establish an administrative
33 tribunal: (a) to hear and determine complaints of traffic infractions
34 constituting parking, standing or stopping violations, or (b) to adjudi-
35 cate the liability of owners for violations of subdivision (d) of
36 section eleven hundred eleven of this chapter imposed pursuant to a
37 local law or ordinance imposing monetary liability on the owner of a
38 vehicle for failure of an operator thereof to comply with traffic-con-
39 trol indications through the installation and operation of traffic-con-
40 trol signal photo violation-monitoring systems, in accordance with arti-
41 cle twenty-four of this chapter, or (c) to adjudicate the liability of
42 owners for violations of subdivision (b), (c), (d), (f) or (g) of
43 section eleven hundred eighty of this chapter imposed pursuant to a
44 demonstration program imposing monetary liability on the owner of a
45 vehicle for failure of an operator thereof to comply with such posted
46 maximum speed limits through the installation and operation of photo
47 speed violation monitoring systems, in accordance with article thirty of
48 this chapter, or (d) to adjudicate the liability of owners for
49 violations of bus lane restrictions as defined by article twenty-four of
50 this chapter imposed pursuant to a bus rapid transit program imposing
51 monetary liability on the owner of a vehicle for failure of an operator
52 thereof to comply with such bus lane restrictions through the installa-
53 tion and operation of bus lane photo devices, in accordance with article
54 twenty-four of this chapter, or (e) to adjudicate the liability of
55 owners for violations of toll collection regulations imposed by certain
56 public authorities pursuant to the law authorizing such public authori-
S. 10036 7
1 ties to impose monetary liability on the owner of a vehicle for failure
2 of an operator thereof to comply with toll collection regulations of
3 such public authorities through the installation and operation of
4 photo-monitoring systems, in accordance with the provisions of section
5 two thousand nine hundred eighty-five of the public authorities law and
6 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
7 seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
8 the liability of owners for violations of section eleven hundred seven-
9 ty-four of this chapter when meeting a school bus marked and equipped as
10 provided in subdivisions twenty and twenty-one-c of section three
11 hundred seventy-five of this chapter imposed pursuant to a local law or
12 ordinance imposing monetary liability on the owner of a vehicle for
13 failure of an operator thereof to comply with school bus red visual
14 signals through the installation and operation of school bus photo
15 violation monitoring systems, in accordance with article twenty-nine of
16 this chapter, or (g) to adjudicate the liability of owners for
17 violations of section three hundred eighty-five of this chapter and the
18 rules of the applicable covered agency or covered authority as such
19 terms are defined in article ten of this chapter in relation to gross
20 vehicle weight and/or axle weight violations imposed pursuant to a weigh
21 in motion demonstration program imposing monetary liability on the owner
22 of a vehicle for failure of an operator thereof to comply with such
23 gross vehicle weight and/or axle weight restrictions through the instal-
24 lation and operation of weigh in motion violation monitoring systems, in
25 accordance with article ten of this chapter, or (h) to adjudicate the
26 liability of owners for violations of subdivision (b), (d), (f) or (g)
27 of section eleven hundred eighty of this chapter imposed pursuant to a
28 demonstration program imposing monetary liability on the owner of a
29 vehicle for failure of an operator thereof to comply with such posted
30 maximum speed limits within a highway construction or maintenance work
31 area through the installation and operation of photo speed violation
32 monitoring systems, in accordance with article thirty of this chapter,
33 or (i) to adjudicate the liability of owners for violations of bus oper-
34 ation-related traffic regulations as defined by article twenty-four of
35 this chapter imposed pursuant to a demonstration program imposing mone-
36 tary liability on the owner of a vehicle for failure of an operator
37 thereof to comply with such bus operation-related traffic regulations
38 through the installation and operation of bus operation-related photo
39 devices, in accordance with article twenty-four of this chapter, or (j)
40 to adjudicate the liability of owners for violations of street cleaning
41 parking rules as defined by article twenty-four of this chapter imposed
42 pursuant to a program imposing monetary liability on the owner of a
43 vehicle for failure of an operator thereof to comply with such street
44 cleaning parking rules through the installation and operation of street
45 cleaning vehicle photo devices, in accordance with article twenty-four
46 of this chapter, such tribunal and the rules and regulations pertaining
47 thereto shall be constituted in substantial conformance with the follow-
48 ing sections.
49 § 3. Subdivision 1 of section 236 of the vehicle and traffic law, as
50 amended by section 2 of part N of chapter 58 of the laws of 2025, is
51 amended to read as follows:
52 1. Creation. In any city as hereinbefore or hereafter authorized such
53 tribunal when created shall be known as the parking violations bureau
54 and shall have jurisdiction of traffic infractions which constitute a
55 parking violation and, where authorized: (a) to adjudicate the liability
56 of owners for violations of subdivision (d) of section eleven hundred
S. 10036 8
1 eleven of this chapter imposed pursuant to a local law or ordinance
2 imposing monetary liability on the owner of a vehicle for failure of an
3 operator thereof to comply with traffic-control indications through the
4 installation and operation of traffic-control signal photo violation-
5 monitoring systems, in accordance with article twenty-four of this chap-
6 ter, or (b) to adjudicate the liability of owners for violations of
7 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
8 of this chapter imposed pursuant to a demonstration program imposing
9 monetary liability on the owner of a vehicle for failure of an operator
10 thereof to comply with such posted maximum speed limits through the
11 installation and operation of photo speed violation monitoring systems,
12 in accordance with article thirty of this chapter, or (c) to adjudicate
13 the liability of owners for violations of bus lane restrictions as
14 defined by article twenty-four of this chapter imposed pursuant to a bus
15 rapid transit program imposing monetary liability on the owner of a
16 vehicle for failure of an operator thereof to comply with such bus lane
17 restrictions through the installation and operation of bus lane photo
18 devices, in accordance with article twenty-four of this chapter, or (d)
19 to adjudicate the liability of owners for violations of toll collection
20 regulations imposed by certain public authorities pursuant to the law
21 authorizing such public authorities to impose monetary liability on the
22 owner of a vehicle for failure of an operator thereof to comply with
23 toll collection regulations of such public authorities through the
24 installation and operation of photo-monitoring systems, in accordance
25 with the provisions of section two thousand nine hundred eighty-five of
26 the public authorities law and sections sixteen-a, sixteen-b and
27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
28 hundred fifty, or (e) to adjudicate the liability of owners for
29 violations of section eleven hundred seventy-four of this chapter when
30 meeting a school bus marked and equipped as provided in subdivisions
31 twenty and twenty-one-c of section three hundred seventy-five of this
32 chapter imposed pursuant to a local law or ordinance imposing monetary
33 liability on the owner of a vehicle for failure of an operator thereof
34 to comply with school bus red visual signals through the installation
35 and operation of school bus photo violation monitoring systems, in
36 accordance with article twenty-nine of this chapter, or (f) to adjudi-
37 cate the liability of owners for violations of section three hundred
38 eighty-five of this chapter and the rules of the applicable covered
39 agency or covered authority as such terms are defined in article ten of
40 this chapter in relation to gross vehicle weight and/or axle weight
41 violations imposed pursuant to a weigh in motion demonstration program
42 imposing monetary liability on the owner of a vehicle for failure of an
43 operator thereof to comply with such gross vehicle weight and/or axle
44 weight restrictions through the installation and operation of weigh in
45 motion violation monitoring systems, in accordance with article ten of
46 this chapter, or (g) to adjudicate the liability of owners for
47 violations of subdivision (b), (d), (f) or (g) of section eleven hundred
48 eighty of this chapter imposed pursuant to a demonstration program
49 imposing monetary liability on the owner of a vehicle for failure of an
50 operator thereof to comply with such posted maximum speed limits within
51 a highway construction or maintenance work area through the installation
52 and operation of photo speed violation monitoring systems, in accordance
53 with article thirty of this chapter, or (h) to adjudicate the liability
54 of owners for violations of bus operation-related traffic regulations as
55 defined by article twenty-four of this chapter imposed pursuant to a
56 demonstration program imposing monetary liability on the owner of a
S. 10036 9
1 vehicle for failure of an operator thereof to comply with such bus oper-
2 ation-related traffic regulations through the installation and operation
3 of bus operation-related photo devices, in accordance with article twen-
4 ty-four of this chapter, or (i) to adjudicate the liability of owners
5 for violations of street cleaning parking rules as defined by article
6 twenty-four of this chapter imposed pursuant to a program imposing mone-
7 tary liability on the owner of a vehicle for failure of an operator
8 thereof to comply with such street cleaning parking rules through the
9 installation and operation of street cleaning vehicle photo devices, in
10 accordance with article twenty-four of this chapter. Such tribunal,
11 except in a city with a population of one million or more, shall also
12 have jurisdiction of abandoned vehicle violations. For the purposes of
13 this article, a parking violation is the violation of any law, rule or
14 regulation providing for or regulating the parking, stopping or standing
15 of a vehicle. In addition for purposes of this article, "commissioner"
16 shall mean and include the commissioner of traffic of the city or an
17 official possessing authority as such a commissioner.
18 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
19 traffic law, as amended by section 3 of part N of chapter 58 of the laws
20 of 2025, is amended to read as follows:
21 f. "Notice of violation" means a notice of violation as defined in
22 subdivision nine of section two hundred thirty-seven of this article,
23 but shall not be deemed to include a notice of liability issued pursuant
24 to authorization set forth in articles ten, twenty-four, twenty-nine and
25 thirty of this chapter, section two thousand nine hundred eighty-five of
26 the public authorities law and sections sixteen-a, sixteen-b and
27 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
28 hundred fifty to impose monetary liability on the owner of a vehicle for
29 failure of an operator thereof: to comply with traffic-control indi-
30 cations in violation of subdivision (d) of section eleven hundred eleven
31 of this chapter through the installation and operation of traffic-con-
32 trol signal photo violation-monitoring systems, in accordance with arti-
33 cle twenty-four of this chapter; or to comply with certain posted maxi-
34 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
35 of section eleven hundred eighty of this chapter through the installa-
36 tion and operation of photo speed violation monitoring systems, in
37 accordance with article thirty of this chapter; or to comply with bus
38 lane restrictions as defined by article twenty-four of this chapter
39 through the installation and operation of bus lane photo devices, in
40 accordance with article twenty-four of this chapter; or to comply with
41 toll collection regulations of certain public authorities through the
42 installation and operation of photo-monitoring systems, in accordance
43 with the provisions of section two thousand nine hundred eighty-five of
44 the public authorities law and sections sixteen-a, sixteen-b and
45 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
46 hundred fifty; or to stop for a school bus displaying a red visual
47 signal in violation of section eleven hundred seventy-four of this chap-
48 ter through the installation and operation of school bus photo violation
49 monitoring systems, in accordance with article twenty-nine of this chap-
50 ter; or to comply with certain posted maximum speed limits in violation
51 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
52 this chapter within a highway construction or maintenance work area
53 through the installation and operation of photo speed violation monitor-
54 ing systems, in accordance with article thirty of this chapter; or to
55 comply with gross vehicle weight and/or axle weight restrictions in
56 violation of section three hundred eighty-five of this chapter and the
S. 10036 10
1 rules of the applicable covered agency or covered authority as such
2 terms are defined in article ten of this chapter through the installa-
3 tion and operation of weigh in motion violation monitoring systems, in
4 accordance with article ten of this chapter; or to comply with bus oper-
5 ation-related traffic regulations as defined by article twenty-four of
6 this chapter in violation of the rules of the department of transporta-
7 tion of the city of New York through the installation and operation of
8 bus operation-related photo devices, in accordance with article twenty-
9 four of this chapter; or to comply with street cleaning parking rules as
10 defined by article twenty-four of this chapter through the installation
11 and operation of street cleaning vehicle photo devices, in accordance
12 with article twenty-four of this chapter.
13 § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of
14 subdivision 1-b of section 240 of the vehicle and traffic law, subdivi-
15 sions 1 and 1-a as amended by section 4 of part N of chapter 58 of the
16 laws of 2025, and the opening paragraph of paragraph (a) of subdivision
17 1-b as amended by section 5 of part MM of chapter 56 of the laws of
18 2023, are amended to read as follows:
19 1. Notice of hearing. Whenever a person charged with a parking
20 violation enters a plea of not guilty; or a person alleged to be liable
21 in accordance with any provisions of law specifically authorizing the
22 imposition of monetary liability on the owner of a vehicle for failure
23 of an operator thereof: to comply with traffic-control indications in
24 violation of subdivision (d) of section eleven hundred eleven of this
25 chapter through the installation and operation of traffic-control signal
26 photo violation-monitoring systems, in accordance with article twenty-
27 four of this chapter; or to comply with certain posted maximum speed
28 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
29 eleven hundred eighty of this chapter through the installation and oper-
30 ation of photo speed violation monitoring systems, in accordance with
31 article thirty of this chapter; or to comply with bus lane restrictions
32 as defined by article twenty-four of this chapter through the installa-
33 tion and operation of bus lane photo devices, in accordance with article
34 twenty-four of this chapter; or to comply with toll collection regu-
35 lations of certain public authorities through the installation and oper-
36 ation of photo-monitoring systems, in accordance with the provisions of
37 section two thousand nine hundred eighty-five of the public authorities
38 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
39 hundred seventy-four of the laws of nineteen hundred fifty; or to stop
40 for a school bus displaying a red visual signal in violation of section
41 eleven hundred seventy-four of this chapter through the installation and
42 operation of school bus photo violation monitoring systems, in accord-
43 ance with article twenty-nine of this chapter; or to comply with certain
44 posted maximum speed limits in violation of subdivision (b), (d), (f) or
45 (g) of section eleven hundred eighty of this chapter within a highway
46 construction or maintenance work area through the installation and oper-
47 ation of photo speed violation monitoring systems, in accordance with
48 article thirty of this chapter; or to comply with gross vehicle weight
49 and/or axle weight restrictions in violation of section three hundred
50 eighty-five of this chapter and the rules of the applicable covered
51 agency or covered authority as such terms are defined in article ten of
52 this chapter through the installation and operation of weigh in motion
53 violation monitoring systems, in accordance with article ten of this
54 chapter; or to comply with bus operation-related traffic regulations as
55 defined by article twenty-four of this chapter in violation of the rules
56 of the department of transportation of the city of New York through the
S. 10036 11
1 installation and operation of bus operation-related photo devices, in
2 accordance with article twenty-four of this chapter; or to comply with
3 street cleaning parking rules as defined by article twenty-four of this
4 chapter through the installation and operation of street cleaning vehi-
5 cle photo devices, in accordance with article twenty-four of this chap-
6 ter, contests such allegation, the bureau shall advise such person
7 personally by such form of first class mail as the director may direct
8 of the date on which such person must appear to answer the charge at a
9 hearing. The form and content of such notice of hearing shall be
10 prescribed by the director, and shall contain a warning to advise the
11 person so pleading or contesting that failure to appear on the date
12 designated, or on any subsequent adjourned date, shall be deemed an
13 admission of liability, and that a default judgment may be entered ther-
14 eon.
15 1-a. Fines and penalties. Whenever a plea of not guilty has been
16 entered, or the bureau has been notified that an allegation of liability
17 in accordance with provisions of law specifically authorizing the impo-
18 sition of monetary liability on the owner of a vehicle for failure of an
19 operator thereof: to comply with traffic-control indications in
20 violation of subdivision (d) of section eleven hundred eleven of this
21 chapter through the installation and operation of traffic-control signal
22 photo violation-monitoring systems, in accordance with article twenty-
23 four of this chapter; or to comply with certain posted maximum speed
24 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
25 eleven hundred eighty of this chapter through the installation and oper-
26 ation of photo speed violation monitoring systems, in accordance with
27 article thirty of this chapter; or to comply with bus lane restrictions
28 as defined by article twenty-four of this chapter through the installa-
29 tion and operation of bus lane photo devices, in accordance with article
30 twenty-four of this chapter; or to comply with toll collection regu-
31 lations of certain public authorities through the installation and oper-
32 ation of photo-monitoring systems, in accordance with the provisions of
33 section two thousand nine hundred eighty-five of the public authorities
34 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
35 hundred seventy-four of the laws of nineteen hundred fifty; or to stop
36 for a school bus displaying a red visual signal in violation of section
37 eleven hundred seventy-four of this chapter through the installation and
38 operation of school bus photo violation monitoring systems, in accord-
39 ance with article twenty-nine of this chapter; or to comply with certain
40 posted maximum speed limits in violation of subdivision (b), (d), (f) or
41 (g) of section eleven hundred eighty of this chapter within a highway
42 construction or maintenance work area through the installation and oper-
43 ation of photo speed violation monitoring systems, in accordance with
44 article thirty of this chapter; or to comply with gross vehicle weight
45 and/or axle weight restrictions in violation of section three hundred
46 eighty-five of this chapter and the rules of the applicable covered
47 agency or covered authority as such terms are defined in article ten of
48 this chapter through the installation and operation of weigh in motion
49 violation monitoring systems, in accordance with article ten of this
50 chapter; or to comply with bus operation-related traffic regulations as
51 defined by article twenty-four of this chapter in violation of the rules
52 of the department of transportation of the city of New York through the
53 installation and operation of bus operation-related photo devices, in
54 accordance with article twenty-four of this chapter, or to comply with
55 street cleaning parking rules as defined by article twenty-four of this
56 chapter through the installation and operation of street cleaning vehi-
S. 10036 12
1 cle photo devices, in accordance with article twenty-four of this chap-
2 ter, is being contested, by a person in a timely fashion and a hearing
3 upon the merits has been demanded, but has not yet been held, the bureau
4 shall not issue any notice of fine or penalty to that person prior to
5 the date of the hearing.
6 In a city having a population of one million or more, at every hearing
7 for the adjudication of a notice of liability, as provided by this arti-
8 cle, there shall be a rebuttable presumption that the owner of a first-
9 response emergency vehicle alleged to be liable in accordance with any
10 provisions of law specifically authorizing the imposition of monetary
11 liability on the owner of a vehicle for failure of an operator thereof:
12 to comply with traffic-control indications in violation of subdivision
13 (d) of section eleven hundred eleven of this chapter through the instal-
14 lation and operation of traffic-control signal photo violation-monitor-
15 ing systems, in accordance with article twenty-four of this chapter; or
16 to comply with certain posted maximum speed limits in violation of
17 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
18 of this chapter through the installation and operation of photo speed
19 violation monitoring systems, in accordance with article thirty of this
20 chapter; or to comply with bus lane restrictions as defined by article
21 twenty-four of this chapter through the installation and operation of
22 bus lane photo devices, in accordance with article twenty-four of this
23 chapter; or to comply with bus operation-related traffic regulations as
24 defined by article twenty-four of this chapter in violation of the rules
25 of the department of transportation of the city of New York through the
26 installation and operation of bus operation-related photo devices, in
27 accordance with article twenty-four of this chapter; or to comply with
28 street cleaning parking rules as defined by article twenty-four of this
29 chapter through the installation and operation of street cleaning
30 vehicle photo devices, in accordance with article twenty-four of this
31 chapter is not liable for such alleged violation if such owner of the
32 first-response emergency vehicle provides the hearing officer with:
33 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
34 and traffic law, as amended by section 5 of part N of chapter 58 of the
35 laws of 2025, are amended to read as follows:
36 a. Every hearing for the adjudication of a charge of parking violation
37 or an allegation of liability of an owner for a violation of subdivision
38 (d) of section eleven hundred eleven of this chapter imposed pursuant to
39 a local law or ordinance imposing monetary liability on the owner of a
40 vehicle for failure of an operator thereof to comply with traffic-con-
41 trol indications through the installation and operation of traffic-con-
42 trol signal photo violation-monitoring systems, in accordance with arti-
43 cle twenty-four of this chapter, or an allegation of liability of an
44 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
45 section eleven hundred eighty of this chapter imposed pursuant to a
46 demonstration program imposing monetary liability on the owner of a
47 vehicle for failure of an operator thereof to comply with certain posted
48 maximum speed limits through the installation and operation of photo
49 speed violation monitoring systems, in accordance with article thirty of
50 this chapter, or an allegation of liability of an owner for a violation
51 of bus lane restrictions as defined by article twenty-four of this chap-
52 ter imposed pursuant to a bus rapid transit program imposing monetary
53 liability on the owner of a vehicle for failure of an operator thereof
54 to comply with such bus lane restrictions through the installation and
55 operation of bus lane photo devices, in accordance with article twenty-
56 four of this chapter, or an allegation of liability of an owner for a
S. 10036 13
1 violation of toll collection regulations imposed by certain public
2 authorities pursuant to the law authorizing such public authorities to
3 impose monetary liability on the owner of a vehicle for failure of an
4 operator thereof to comply with toll collection regulations of such
5 public authorities through the installation and operation of photo-moni-
6 toring systems, in accordance with the provisions of section two thou-
7 sand nine hundred eighty-five of the public authorities law and sections
8 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
9 of the laws of nineteen hundred fifty, or an allegation of liability of
10 an owner for a violation of section eleven hundred seventy-four of this
11 chapter when meeting a school bus marked and equipped as provided in
12 subdivisions twenty and twenty-one-c of section three hundred seventy-
13 five of this chapter imposed pursuant to a local law or ordinance impos-
14 ing monetary liability on the owner of a vehicle for failure of an oper-
15 ator thereof to comply with school bus red visual signals through the
16 installation and operation of school bus photo violation monitoring
17 systems, in accordance with article twenty-nine of this chapter, or an
18 allegation of liability of an owner for a violation of subdivision (b),
19 (d), (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 certain posted maximum speed limits within a highway construction or
23 maintenance work area through the installation and operation of photo
24 speed violation monitoring systems, in accordance with article thirty of
25 this chapter, or an allegation of liability of an owner for a violation
26 of section three hundred eighty-five of this chapter and the rules of
27 the applicable covered agency or covered authority as such terms are
28 defined in article ten of this chapter in relation to gross vehicle
29 weight and/or axle weight violations imposed pursuant to a weigh in
30 motion demonstration program imposing monetary liability on the owner of
31 a vehicle for failure of an operator thereof to comply with such gross
32 vehicle weight and/or axle weight restrictions through the installation
33 and operation of weigh in motion violation monitoring systems, in
34 accordance with article ten of this chapter, or an allegation of liabil-
35 ity of an owner for a violation of bus operation-related traffic regu-
36 lations as defined by article twenty-four of this chapter imposed pursu-
37 ant to a demonstration program imposing monetary liability on the owner
38 of a vehicle for failure of an operator thereof to comply with such bus
39 operation-related traffic regulations through the installation and oper-
40 ation of bus operation-related photo devices, in accordance with article
41 twenty-four of this chapter, or an allegation of liability of an owner
42 for a violation of street cleaning parking rules as defined by article
43 twenty-four of this chapter imposed pursuant to a program imposing mone-
44 tary liability on the owner of a vehicle for failure of an operator
45 thereof to comply with such street cleaning parking rules through the
46 installation and operation of street cleaning vehicle photo devices, in
47 accordance with article twenty-four of this chapter, shall be held
48 before a hearing examiner in accordance with rules and regulations
49 promulgated by the bureau.
50 g. A record shall be made of a hearing on a plea of not guilty or of a
51 hearing at which liability in accordance with any provisions of law
52 specifically authorizing the imposition of monetary liability on the
53 owner of a vehicle for failure of an operator thereof: to comply with
54 traffic-control indications in violation of subdivision (d) of section
55 eleven hundred eleven of this chapter through the installation and oper-
56 ation of traffic-control signal photo violation-monitoring systems, in
S. 10036 14
1 accordance with article twenty-four of this chapter; to comply with
2 certain posted maximum speed limits in violation of subdivision (b),
3 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
4 through the installation and operation of photo speed violation monitor-
5 ing systems, in accordance with article thirty of this chapter; to
6 comply with bus lane restrictions as defined by article twenty-four of
7 this chapter through the installation and operation of bus lane photo
8 devices, in accordance with article twenty-four of this chapter; to
9 comply with toll collection regulations of certain public authorities
10 through the installation and operation of photo-monitoring systems, in
11 accordance with the provisions of section two thousand nine hundred
12 eighty-five of the public authorities law and sections sixteen-a,
13 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
14 laws of nineteen hundred fifty; to stop for a school bus displaying a
15 red visual signal in violation of section eleven hundred seventy-four of
16 this chapter through the installation and operation of school bus photo
17 violation monitoring systems, in accordance with article twenty-nine of
18 this chapter; to comply with certain posted maximum speed limits in
19 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
20 eighty of this chapter within a highway construction or maintenance work
21 area through the installation and operation of photo speed violation
22 monitoring systems, in accordance with article thirty of this chapter;
23 to comply with gross vehicle weight and/or axle weight restrictions in
24 violation of section three hundred eighty-five of this chapter and the
25 rules of the applicable covered agency or covered authority as such
26 terms are defined in article ten of this chapter through the installa-
27 tion and operation of weigh in motion violation monitoring systems, in
28 accordance with article ten of this chapter; or to comply with bus oper-
29 ation-related traffic regulations as defined by article twenty-four of
30 this chapter in violation of the rules of the department of transporta-
31 tion of the city of New York through the installation and operation of
32 bus operation-related photo devices, in accordance with article twenty-
33 four of this chapter; or to comply with street cleaning parking rules as
34 defined by article twenty-four of this chapter through the installation
35 and operation of street cleaning vehicle photo devices, in accordance
36 with article twenty-four of this chapter, is contested. Recording
37 devices may be used for the making of the record.
38 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
39 law, as amended by section 6 of part N of chapter 58 of the laws of
40 2025, are amended to read as follows:
41 1. The hearing examiner shall make a determination on the charges,
42 either sustaining or dismissing them. Where the hearing examiner deter-
43 mines that the charges have been sustained such hearing examiner may
44 examine either the prior parking violations record or the record of
45 liabilities incurred in accordance with any provisions of law specif-
46 ically authorizing the imposition of monetary liability on the owner of
47 a vehicle for failure of an operator thereof: to comply with traffic-
48 control indications in violation of subdivision (d) of section eleven
49 hundred eleven of this chapter through the installation and operation of
50 traffic-control signal photo violation-monitoring systems, in accordance
51 with article twenty-four of this chapter; to comply with certain posted
52 maximum speed limits in violation of subdivision (b), (c), (d), (f) or
53 (g) of section eleven hundred eighty of this chapter through the instal-
54 lation and operation of photo speed violation monitoring systems, in
55 accordance with article thirty of this chapter; to comply with bus lane
56 restrictions as defined by article twenty-four of this chapter through
S. 10036 15
1 the installation and operation of bus lane photo devices, in accordance
2 with article twenty-four of this chapter; to comply with toll collection
3 regulations of certain public authorities through the installation and
4 operation of photo-monitoring systems, in accordance with the provisions
5 of section two thousand nine hundred eighty-five of the public authori-
6 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
7 seven hundred seventy-four of the laws of nineteen hundred fifty; to
8 stop for a school bus displaying a red visual signal in violation of
9 section eleven hundred seventy-four of this chapter through the instal-
10 lation and operation of school bus photo violation monitoring systems,
11 in accordance with article twenty-nine of this chapter; to comply with
12 certain posted maximum speed limits in violation of subdivision (b),
13 (d), (f) or (g) of section eleven hundred eighty of this chapter within
14 a highway construction or maintenance work area through the installation
15 and operation of photo speed violation monitoring systems, in accordance
16 with article thirty of this chapter; to comply with gross vehicle weight
17 and/or axle weight restrictions in violation of section three hundred
18 eighty-five of this chapter and the rules of the applicable covered
19 agency or covered authority as such terms are defined in article ten of
20 this chapter through the installation and operation of weigh in motion
21 violation monitoring systems, in accordance with article ten of this
22 chapter; [or] to comply with bus operation-related traffic regulations
23 as defined by article twenty-four of this chapter in violation of the
24 rules of the department of transportation of the city of New York
25 through the installation and operation of bus operation-related photo
26 devices, in accordance with article twenty-four of this chapter; or to
27 comply with street cleaning parking rules as defined by article twenty-
28 four of this chapter through the installation and operation of street
29 cleaning vehicle photo devices, in accordance with article twenty-four
30 of this chapter, of the person charged, as applicable prior to rendering
31 a final determination. Final determinations sustaining or dismissing
32 charges shall be entered on a final determination roll maintained by the
33 bureau together with records showing payment and nonpayment of penal-
34 ties.
35 2. Where an operator or owner fails to enter a plea to a charge of a
36 parking violation or contest an allegation of liability in accordance
37 with any provisions of law specifically authorizing the imposition of
38 monetary liability on the owner of a vehicle for failure of an operator
39 thereof: to comply with traffic-control indications in violation of
40 subdivision (d) of section eleven hundred eleven of this chapter through
41 the installation and operation of traffic-control signal photo viola-
42 tion-monitoring systems, in accordance with article twenty-four of this
43 chapter; to comply with certain posted maximum speed limits in violation
44 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
45 eighty of this chapter through the installation and operation of photo
46 speed violation monitoring systems, in accordance with article thirty of
47 this chapter; to comply with bus lane restrictions as defined by article
48 twenty-four of this chapter through the installation and operation of
49 bus lane photo devices, in accordance with article twenty-four of this
50 chapter; to comply with toll collection regulations of certain public
51 authorities through the installation and operation of photo-monitoring
52 systems, in accordance with the provisions of section two thousand nine
53 hundred eighty-five of the public authorities law and sections
54 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
55 of the laws of nineteen hundred fifty; to stop for a school bus display-
56 ing a red visual signal in violation of section eleven hundred seventy-
S. 10036 16
1 four of this chapter through the installation and operation of school
2 bus photo violation monitoring systems, in accordance with article twen-
3 ty-nine of this chapter; to comply with certain posted maximum speed
4 limits in violation of subdivision (b), (d), (f) or (g) of section elev-
5 en hundred eighty of this chapter within a highway construction or main-
6 tenance work area through the installation and operation of photo speed
7 violation monitoring systems, in accordance with article thirty of this
8 chapter; to comply with gross vehicle weight and/or axle weight
9 restrictions in violation of section three hundred eighty-five of this
10 chapter and the rules of the applicable covered agency or covered
11 authority as such terms are defined in article ten of this chapter
12 through the installation and operation of weigh in motion violation
13 monitoring systems, in accordance with article ten of this chapter; [or]
14 to comply with bus operation-related traffic regulations as defined by
15 article twenty-four of this chapter in violation of the rules of the
16 department of transportation of the city of New York through the instal-
17 lation and operation of bus operation-related photo devices, in accord-
18 ance with article twenty-four of this chapter; or to comply with street
19 cleaning parking rules as defined by article twenty-four of this chapter
20 through the installation and operation of street cleaning vehicle photo
21 devices, in accordance with article twenty-four of this chapter, or
22 fails to appear on a designated hearing date or subsequent adjourned
23 date or fails after a hearing to comply with the determination of a
24 hearing examiner, as prescribed by this article or by rule or regulation
25 of the bureau, such failure to plead or contest, appear or comply shall
26 be deemed, for all purposes, an admission of liability and shall be
27 grounds for rendering and entering a default judgment in an amount
28 provided by the rules and regulations of the bureau. However, after the
29 expiration of the original date prescribed for entering a plea and
30 before a default judgment may be rendered, in such case the bureau shall
31 pursuant to the applicable provisions of law notify such operator or
32 owner, by such form of first class mail as the commission may direct;
33 (1) of the violation charged, or liability alleged in accordance with
34 any provisions of law specifically authorizing the imposition of mone-
35 tary liability on the owner of a vehicle for failure of an operator
36 thereof: to comply with traffic-control indications in violation of
37 subdivision (d) of section eleven hundred eleven of this chapter through
38 the installation and operation of traffic-control signal photo viola-
39 tion-monitoring systems, in accordance with article twenty-four of this
40 chapter; to comply with certain posted maximum speed limits in violation
41 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
42 eighty of this chapter through the installation and operation of photo
43 speed violation monitoring systems, in accordance with article thirty of
44 this chapter; to comply with bus lane restrictions as defined by article
45 twenty-four of this chapter through the installation and operation of
46 bus lane photo devices, in accordance with article twenty-four of this
47 chapter; to comply with toll collection regulations of certain public
48 authorities through the installation and operation of photo-monitoring
49 systems, in accordance with the provisions of section two thousand nine
50 hundred eighty-five of the public authorities law and sections
51 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
52 of the laws of nineteen hundred fifty; to stop for a school bus display-
53 ing a red visual signal in violation of section eleven hundred seventy-
54 four of this chapter through the installation and operation of school
55 bus photo violation monitoring systems, in accordance with article twen-
56 ty-nine of this chapter; to comply with certain posted maximum speed
S. 10036 17
1 limits in violation of subdivision (b), (d), (f) or (g) of section elev-
2 en hundred eighty of this chapter within a highway construction or main-
3 tenance work area through the installation and operation of photo speed
4 violation monitoring systems, in accordance with article thirty of this
5 chapter; to comply with gross vehicle weight and/or axle weight
6 restrictions in violation of section three hundred eighty-five of this
7 chapter and the rules of the applicable covered agency or covered
8 authority as such terms are defined in article ten of this chapter
9 through the installation and operation of weigh in motion violation
10 monitoring systems, in accordance with article ten of this chapter; [or]
11 to comply with bus operation-related traffic regulations as defined by
12 article twenty-four of this chapter in violation of the rules of the
13 department of transportation of the city of New York through the instal-
14 lation and operation of bus operation-related photo devices, in accord-
15 ance with article twenty-four of this chapter; or to comply with street
16 cleaning parking rules as defined by article twenty-four of this chapter
17 through the installation and operation of street cleaning vehicle photo
18 devices, in accordance with article twenty-four of this chapter, (2) of
19 the impending default judgment, (3) that such judgment will be entered
20 in the Civil Court of the city in which the bureau has been established,
21 or other court of civil jurisdiction or any other place provided for the
22 entry of civil judgments within the state of New York, and (4) that a
23 default may be avoided by entering a plea or contesting an allegation of
24 liability in accordance with any provisions of law specifically author-
25 izing the imposition of monetary liability on the owner of a vehicle for
26 failure of an operator thereof: to comply with traffic-control indi-
27 cations in violation of subdivision (d) of section eleven hundred eleven
28 of this chapter through the installation and operation of traffic-con-
29 trol signal photo violation-monitoring systems, in accordance with arti-
30 cle twenty-four of this chapter; to comply with certain posted maximum
31 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of
32 section eleven hundred eighty of this chapter through the installation
33 and operation of photo speed violation monitoring systems, in accordance
34 with article thirty of this chapter; to comply with bus lane
35 restrictions as defined by article twenty-four of this chapter through
36 the installation and operation of bus lane photo devices, in accordance
37 with article twenty-four of this chapter; to comply with toll collection
38 regulations of certain public authorities through the installation and
39 operation of photo-monitoring systems, in accordance with the provisions
40 of section two thousand nine hundred eighty-five of the public authori-
41 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
42 seven hundred seventy-four of the laws of nineteen hundred fifty; to
43 stop for a school bus displaying a red visual signal in violation of
44 section eleven hundred seventy-four of this chapter through the instal-
45 lation and operation of school bus photo violation monitoring systems,
46 in accordance with article twenty-nine of this chapter; to comply with
47 certain posted maximum speed limits in violation of subdivision (b),
48 (d), (f) or (g) of section eleven hundred eighty of this chapter within
49 a highway construction or maintenance work area through the installation
50 and operation of photo speed violation monitoring systems, in accordance
51 with article thirty of this chapter; to comply with gross vehicle weight
52 and/or axle weight restrictions in violation of section three hundred
53 eighty-five of this chapter and the rules of the applicable covered
54 agency or covered authority as such terms are defined in article ten of
55 this chapter through the installation and operation of weigh in motion
56 violation monitoring systems, in accordance with article ten of this
S. 10036 18
1 chapter; [or] to comply with bus operation-related traffic regulations
2 as defined by article twenty-four of this chapter in violation of the
3 rules of the department of transportation of the city of New York
4 through the installation and operation of bus operation-related photo
5 devices, in accordance with article twenty-four of this chapter; or to
6 comply with street cleaning parking rules as defined by article twenty-
7 four of this chapter through the installation and operation of street
8 cleaning vehicle photo devices, in accordance with article twenty-four
9 of this chapter; or making an appearance within thirty days of the send-
10 ing of such notice. Pleas entered and allegations contested within that
11 period shall be in the manner prescribed in the notice and not subject
12 to additional penalty or fee. Such notice of impending default judgment
13 shall not be required prior to the rendering and entry thereof in the
14 case of operators or owners who are non-residents of the state of New
15 York. In no case shall a default judgment be rendered or, where
16 required, a notice of impending default judgment be sent, more than two
17 years after the expiration of the time prescribed for entering a plea or
18 contesting an allegation. When a person has demanded a hearing, no fine
19 or penalty shall be imposed for any reason, prior to the holding of the
20 hearing. If the hearing examiner shall make a determination on the
21 charges, sustaining them, such hearing examiner shall impose no greater
22 penalty or fine than those upon which the person was originally charged.
23 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
24 of the vehicle and traffic law, as amended by section 7 of part N of
25 chapter 58 of the laws of 2025, is amended to read as follows:
26 (i) If at the time of application for a registration or renewal there-
27 of there is a certification from a court, parking violations bureau,
28 traffic and parking violations agency or administrative tribunal of
29 appropriate jurisdiction that the registrant or their representative
30 failed to appear on the return date or any subsequent adjourned date or
31 failed to comply with the rules and regulations of an administrative
32 tribunal following entry of a final decision in response to a total of
33 three or more summonses or other process in the aggregate, issued within
34 an eighteen month period, charging either that: (i) such motor vehicle
35 was parked, stopped or standing, or that such motor vehicle was operated
36 for hire by the registrant or their agent without being licensed as a
37 motor vehicle for hire by the appropriate local authority, in violation
38 of any of the provisions of this chapter or of any law, ordinance, rule
39 or regulation made by a local authority; or (ii) the registrant was
40 liable for a violation of subdivision (d) of section eleven hundred
41 eleven of this chapter imposed pursuant to a local law or ordinance
42 imposing monetary liability on the owner of a vehicle for failure of an
43 operator thereof to comply with traffic-control indications through the
44 installation and operation of traffic-control signal photo violation-
45 monitoring systems, in accordance with article twenty-four of this chap-
46 ter; or (iii) the registrant was liable for a violation of subdivision
47 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
48 ter imposed pursuant to a demonstration program imposing monetary
49 liability on the owner of a vehicle for failure of an operator thereof
50 to comply with such posted maximum speed limits through the installation
51 and operation of photo speed violation monitoring systems, in accordance
52 with article thirty of this chapter; or (iv) the registrant was liable
53 for a violation of bus lane restrictions as defined by article twenty-
54 four of this chapter imposed pursuant to a bus rapid transit program
55 imposing monetary liability on the owner of a vehicle for failure of an
56 operator thereof to comply with such bus lane restrictions through the
S. 10036 19
1 installation and operation of bus lane photo devices, in accordance with
2 article twenty-four of this chapter; or (v) the registrant was liable
3 for a violation of section eleven hundred seventy-four of this chapter
4 when meeting a school bus marked and equipped as provided in subdivi-
5 sions twenty and twenty-one-c of section three hundred seventy-five of
6 this chapter imposed pursuant to a local law or ordinance imposing mone-
7 tary liability on the owner of a vehicle for failure of an operator
8 thereof to comply with school bus red visual signals through the instal-
9 lation and operation of school bus photo violation monitoring systems,
10 in accordance with article twenty-nine of this chapter; or (vi) the
11 registrant was liable for a violation of section three hundred eighty-
12 five of this chapter and the rules of the applicable covered agency or
13 covered authority as such terms are defined in article ten of this chap-
14 ter in relation to gross vehicle weight and/or axle weight violations
15 imposed pursuant to a weigh in motion demonstration program imposing
16 monetary liability on the owner of a vehicle for failure of an operator
17 thereof to comply with such gross vehicle weight and/or axle weight
18 restrictions through the installation and operation of weigh in motion
19 violation monitoring systems, in accordance with article ten of this
20 chapter; or (vii) the registrant was liable for a violation of subdivi-
21 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
22 ter imposed pursuant to a demonstration program imposing monetary
23 liability on the owner of a vehicle for failure of an operator thereof
24 to comply with such posted maximum speed limits within a highway
25 construction or maintenance work area through the installation and oper-
26 ation of photo speed violation monitoring systems, in accordance with
27 article thirty of this chapter[,]; or (viii) the registrant was liable
28 for a violation of bus operation-related traffic regulations as defined
29 by article twenty-four of this chapter imposed pursuant to a demon-
30 stration program imposing monetary liability on the owner of a vehicle
31 for failure of an operator thereof to comply with such bus operation-re-
32 lated traffic regulations through the installation and operation of bus
33 operation-related photo devices, in accordance with article twenty-four
34 of this chapter[,]; or (ix) the registrant was liable for a violation of
35 street cleaning parking rules as defined by article twenty-four of this
36 chapter imposed pursuant to a program imposing monetary liability on the
37 owner of a vehicle for failure of an operator thereof to comply with
38 such street cleaning parking rules through the installation and opera-
39 tion of street cleaning vehicle photo devices, in accordance with arti-
40 cle twenty-four of this chapter, the commissioner or their agent shall
41 deny the registration or renewal application until the applicant
42 provides proof from the court, traffic and parking violations agency or
43 administrative tribunal wherein the charges are pending that an appear-
44 ance or answer has been made or in the case of an administrative tribu-
45 nal that such applicant has complied with the rules and regulations of
46 said tribunal following entry of a final decision. Where an application
47 is denied pursuant to this section, the commissioner may, in their
48 discretion, deny a registration or renewal application to any other
49 person for the same vehicle and may deny a registration or renewal
50 application for any other motor vehicle registered in the name of the
51 applicant where the commissioner has determined that such registrant's
52 intent has been to evade the purposes of this subdivision and where the
53 commissioner has reasonable grounds to believe that such registration or
54 renewal will have the effect of defeating the purposes of this subdivi-
55 sion. Such denial shall only remain in effect as long as the summonses
56 remain unanswered, or in the case of an administrative tribunal, the
S. 10036 20
1 registrant fails to comply with the rules and regulations following
2 entry of a final decision.
3 § 9. Subdivision 1-a of section 1809 of the vehicle and traffic law,
4 as amended by section 8 of part N of chapter 58 of the laws of 2025, is
5 amended to read as follows:
6 1-a. Notwithstanding the provisions of subdivision one of this
7 section, the provisions of subdivision one of this section shall not
8 apply to an adjudication of liability of owners: (a) for violations of
9 subdivision (d) of section eleven hundred eleven of this chapter imposed
10 pursuant to a local law or ordinance imposing monetary liability on the
11 owner of a vehicle for failure of an operator thereof to comply with
12 traffic-control indications through the installation and operation of
13 traffic-control signal photo violation-monitoring systems, in accordance
14 with article twenty-four of this chapter; or (b) for violations of
15 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
16 of this chapter imposed pursuant to a demonstration program imposing
17 monetary liability on the owner of a vehicle for failure of an operator
18 thereof to comply with such posted maximum speed limits through the
19 installation and operation of photo speed violation monitoring systems,
20 in accordance with article thirty of this chapter; or (c) for violations
21 of bus lane restrictions as defined by article twenty-four of this chap-
22 ter imposed pursuant to a bus rapid transit program imposing monetary
23 liability on the owner of a vehicle for failure of an operator thereof
24 to comply with such bus lane restrictions through the installation and
25 operation of bus lane photo devices, in accordance with article twenty-
26 four of this chapter; or (d) for violations of toll collection regu-
27 lations imposed by certain public authorities pursuant to the law
28 authorizing such public authorities to impose monetary liability on the
29 owner of a vehicle for failure of an operator thereof to comply with
30 toll collection regulations of such public authorities through the
31 installation and operation of photo-monitoring systems, in accordance
32 with the provisions of section two thousand nine hundred eighty-five of
33 the public authorities law and sections sixteen-a, sixteen-b and
34 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
35 hundred fifty; or (e) for violations of section eleven hundred seventy-
36 four of this chapter when meeting a school bus marked and equipped as
37 provided in subdivisions twenty and twenty-one-c of section three
38 hundred seventy-five of this chapter imposed pursuant to a local law or
39 ordinance imposing monetary liability on the owner of a vehicle for
40 failure of an operator thereof to comply with school bus red visual
41 signals through the installation and operation of school bus photo
42 violation monitoring systems, in accordance with article twenty-nine of
43 this chapter; or (f) for violations of section three hundred eighty-five
44 of this chapter and the rules of the applicable covered agency or
45 covered authority as such terms are defined in article ten of this chap-
46 ter in relation to gross vehicle weight and/or axle weight violations
47 imposed pursuant to a weigh in motion demonstration program imposing
48 monetary liability on the owner of a vehicle for failure of an operator
49 thereof to comply with such gross vehicle weight and/or axle weight
50 restrictions through the installation and operation of weigh in motion
51 violation monitoring systems, in accordance with article ten of this
52 chapter; or (g) for violations of subdivision (b), (d), (f) or (g) of
53 section eleven hundred eighty of this chapter imposed pursuant to a
54 demonstration program imposing monetary liability on the owner of a
55 vehicle for failure of an operator thereof to comply with such posted
56 maximum speed limits within a highway construction or maintenance work
S. 10036 21
1 area through the installation and operation of photo speed violation
2 monitoring systems, in accordance with article thirty of this chapter;
3 or (h) for violations of bus operation-related traffic regulations as
4 defined by article twenty-four of this chapter imposed pursuant to a
5 demonstration program imposing monetary liability on the owner of a
6 vehicle for failure of an operator thereof to comply with such bus oper-
7 ation-related traffic regulations through the installation and operation
8 of bus operation-related photo devices, in accordance with article twen-
9 ty-four of this chapter; or (i) for violations of street cleaning park-
10 ing rules as defined by article twenty-four of this chapter imposed
11 pursuant to a program imposing monetary liability on the owner of a
12 vehicle for failure of an operator thereof to comply with such street
13 cleaning parking rules through the installation and operation of street
14 cleaning vehicle photo devices, in accordance with article twenty-four
15 of this chapter.
16 § 10. Subdivision 1 of section 1809-a of the vehicle and traffic law,
17 as amended by section 10 of part MM of chapter 56 of the laws of 2023,
18 is amended to read as follows:
19 1. The provisions of any other general or special law notwithstanding,
20 whenever, in a city having a population of one hundred thousand or more
21 according to the nineteen hundred eighty United States census,
22 proceedings in an administrative tribunal or a court result in a finding
23 of liability, or conviction for the violation of any statute, local law,
24 ordinance or rule involving the parking, stopping or standing of a motor
25 vehicle, except (a) an adjudication of liability of an owner for a
26 violation of bus operation-related traffic regulations as defined by
27 article twenty-four of this chapter imposed pursuant to a demonstration
28 program imposing monetary liability on the owner of a vehicle for fail-
29 ure of an operator thereof to comply with such bus operation-related
30 traffic regulations through the installation and operation of bus opera-
31 tion-related photo devices, in accordance with article twenty-four of
32 this chapter, or (b) an adjudication of liability of an owner for a
33 violation of street cleaning parking rules as defined by article twen-
34 ty-four of this chapter imposed pursuant to a program imposing monetary
35 liability on the owner of a vehicle for failure of an operator thereof
36 to comply with such street cleaning parking rules through the installa-
37 tion and operation of street cleaning vehicle photo devices, in accord-
38 ance with article twenty-four of this chapter, there shall be levied a
39 mandatory surcharge in addition to any other sentence, fine or penalty
40 otherwise permitted or required, in the amount of fifteen dollars. Such
41 surcharge shall not be deemed a monetary penalty for the purposes of
42 section two hundred thirty-seven of this chapter or section 19-203 of
43 the administrative code of the city of New York.
44 § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
45 as amended by section 11 of part MM of chapter 56 of the laws of 2023,
46 is amended to read as follows:
47 1. Notwithstanding any other provision of law, whenever proceedings in
48 an administrative tribunal or court result in a conviction for a
49 violation of section twelve hundred, twelve hundred one or twelve
50 hundred two of this chapter, except (a) an adjudication of liability of
51 an owner for a violation of bus operation-related traffic regulations as
52 defined by article twenty-four of this chapter imposed pursuant to a
53 demonstration program imposing monetary liability on the owner of a
54 vehicle for failure of an operator thereof to comply with such bus oper-
55 ation-related traffic regulations through the installation and operation
56 of bus operation-related photo devices, in accordance with article twen-
S. 10036 22
1 ty-four of this chapter, or (b) an adjudication of liability of an
2 owner for a violation of street cleaning parking rules as defined by
3 article twenty-four of this chapter imposed pursuant to a program
4 imposing monetary liability on the owner of a vehicle for failure
5 of an operator thereof to comply with such street cleaning parking rules
6 through the installation and operation of street cleaning vehicle photo
7 devices, in accordance with article twenty-four of this chapter, there
8 shall be levied a mandatory surcharge in addition to any other sentence,
9 fine or penalty otherwise permitted or required, in the amount of twen-
10 ty-five dollars.
11 § 12. Paragraph a of subdivision 1 of section 1809-e of the vehicle
12 and traffic law, as amended by section 9 of part N of chapter 58 of the
13 laws of 2025, is amended to read as follows:
14 a. Notwithstanding any other provision of law, whenever proceedings in
15 a court or an administrative tribunal of this state result in a
16 conviction for an offense under this chapter, except a conviction pursu-
17 ant to section eleven hundred ninety-two of this chapter, or for a traf-
18 fic infraction under this chapter, or a local law, ordinance, rule or
19 regulation adopted pursuant to this chapter, except: (i) a traffic
20 infraction involving standing, stopping, or parking or violations by
21 pedestrians or bicyclists; and (ii) an adjudication of liability of an
22 owner for a violation of subdivision (d) of section eleven hundred elev-
23 en of this chapter imposed pursuant to a local law or ordinance imposing
24 monetary liability on the owner of a vehicle for failure of an operator
25 thereof to comply with traffic-control indications through the installa-
26 tion and operation of traffic-control signal photo violation-monitoring
27 systems, in accordance with article twenty-four of this chapter; and
28 (iii) an adjudication of liability of an owner for a violation of subdi-
29 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
30 this chapter imposed pursuant to a demonstration program imposing mone-
31 tary liability on the owner of a vehicle for failure of an operator
32 thereof to comply with such posted maximum speed limits through the
33 installation and operation of photo speed violation monitoring systems,
34 in accordance with article thirty of this chapter; and (iv) an adjudi-
35 cation of liability of an owner for a violation of bus lane restrictions
36 as defined by article twenty-four of this chapter imposed pursuant to a
37 bus rapid transit program imposing monetary liability on the owner of a
38 vehicle for failure of an operator thereof to comply with such bus lane
39 restrictions through the installation and operation of bus lane photo
40 devices, in accordance with article twenty-four of this chapter; and (v)
41 an adjudication of liability of an owner for a violation of toll
42 collection regulations imposed by certain public authorities pursuant to
43 the law authorizing such public authorities to impose monetary liability
44 on the owner of a vehicle for failure of an operator thereof to comply
45 with toll collection regulations of such public authorities through the
46 installation and operation of photo-monitoring systems, in accordance
47 with section two thousand nine hundred eighty-five of the public author-
48 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
49 seven hundred seventy-four of the laws of nineteen hundred fifty; and
50 (vi) an adjudication of liability of an owner for a violation of section
51 eleven hundred seventy-four of this chapter when meeting a school bus
52 marked and equipped as provided in subdivisions twenty and twenty-one-c
53 of section three hundred seventy-five of this chapter imposed pursuant
54 to a local law or ordinance imposing monetary liability on the owner of
55 a vehicle for failure of an operator thereof to comply with school bus
56 red visual signals through the installation and operation of school bus
S. 10036 23
1 photo violation monitoring systems, in accordance with article twenty-
2 nine of this chapter; and (vii) an adjudication of liability of an owner
3 for a violation of section three hundred eighty-five of this chapter and
4 the rules of the applicable covered agency or covered authority as such
5 terms are defined in article ten of this chapter in relation to gross
6 vehicle weight and/or axle weight violations imposed pursuant to a weigh
7 in motion demonstration program imposing monetary liability on the owner
8 of a vehicle for failure of an operator thereof to comply with such
9 gross vehicle weight and/or axle weight restrictions through the instal-
10 lation and operation of weigh in motion violation monitoring systems, in
11 accordance with article ten of this chapter; and (viii) an adjudication
12 of liability of an owner for a violation of subdivision (b), (d), (f) or
13 (g) of section eleven hundred eighty of this chapter imposed pursuant to
14 a demonstration program imposing monetary liability on the owner of a
15 vehicle for failure of an operator thereof to comply with such posted
16 maximum speed limits within a highway construction or maintenance work
17 area through the installation and operation of photo speed violation
18 monitoring systems, in accordance with article thirty of this chapter;
19 and (ix) an adjudication of liability of an owner for a violation of bus
20 operation-related traffic regulations as defined by article twenty-four
21 of this chapter imposed pursuant to a demonstration program imposing
22 monetary liability on the owner of a vehicle for failure of an operator
23 thereof to comply with such bus operation-related traffic regulations
24 through the installation and operation of bus operation-related photo
25 devices, in accordance with article twenty-four of this chapter; and (x)
26 an adjudication of liability of an owner for a violation of street
27 cleaning parking rules as defined by article twenty-four of this chapter
28 imposed pursuant to a program imposing monetary liability on the owner
29 of a vehicle for failure of an operator thereof to comply with such
30 street cleaning parking rules through the installation and operation of
31 street cleaning vehicle photo devices, in accordance with article twen-
32 ty-four of this chapter, there shall be levied in addition to any
33 sentence, penalty or other surcharge required or permitted by law, an
34 additional surcharge of twenty-eight dollars.
35 § 13. Subdivision 2 of section 87 of the public officers law is
36 amended by adding a new paragraph (w) to read as follows:
37 (w) are photographs, microphotographs, videotape or other recorded
38 images prepared under authority of section eleven hundred eleven-j of
39 the vehicle and traffic law.
40 § 14. The purchase or lease of equipment for a demonstration program
41 established pursuant to section 1111-j of the vehicle and traffic law,
42 as added by section one of this act, shall be subject to the provisions
43 of section 103 of the general municipal law.
44 § 15. This act shall take effect on the one hundred eightieth day
45 after it shall have become a law; provided, however, that sections one,
46 thirteen and fourteen of this act shall expire July 1, 2032, when upon
47 such date the provisions of such sections shall be deemed repealed;
48 provided further, however, that:
49 (a) the amendments to subdivision 1 of section 1809-a of the vehicle
50 and traffic law made by section ten of this act shall not affect the
51 repeal of such section and shall be deemed repealed therewith; and
52 (b) effective immediately, the addition, amendment and/or repeal of
53 any rule or regulation necessary for the implementation of section one
54 of this act on its effective date are authorized to be made and
55 completed on or before such effective date.
