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S01891 Summary:

BILL NOS01891A
 
SAME ASNo Same As
 
SPONSORJACKSON
 
COSPNSRPERSAUD
 
MLTSPNSR
 
Amd V & T L, generally; amd §87, Pub Off L
 
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.
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S01891 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1891--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2025
                                       ___________
 
        Introduced  by Sens. JACKSON, PERSAUD -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          recommitted to the Committee  on  Transportation  in  accordance  with
          Senate  Rule  6, sec. 8 -- 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  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.
    15    2.  Any  photographs,  microphotographs,  videotape  or other recorded
    16  images captured by street cleaning vehicle photo devices shall be  inad-
    17  missible  in  any disciplinary proceeding convened by the department and
    18  any proceeding initiated by the department  involving  licensure  privi-
    19  leges  of street cleaning vehicle operators. Any street cleaning vehicle
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05516-05-6

        S. 1891--A                          2
 
     1  photo device mounted on a street  cleaning  vehicle  shall  be  directed
     2  outwardly  from  such  vehicle to capture images of vehicles operated in
     3  violation of street cleaning parking rules, and images produced by  such
     4  device shall not be used for any other purpose in the absence of a court
     5  order requiring such images to be produced.
     6    3. No street cleaning vehicle photo device shall be used unless on the
     7  day it is to be used it has successfully passed a self-test of its func-
     8  tions.
     9    4.  (i)  The  city  of  New  York  shall adopt and enforce measures to
    10  protect the privacy of drivers,  passengers,  pedestrians  and  cyclists
    11  whose  identity  and identifying information may be captured by a street
    12  cleaning photo device. Such measures shall include:
    13    (A) utilization of necessary technologies to  ensure,  to  the  extent
    14  practicable, that  photographs,  microphotographs,  videotape  or  other
    15  recorded  images  produced  by such street cleaning vehicle photo device
    16  shall not include images that identify the driver,  the  passengers,  or
    17  the  contents  of  the  vehicle.    Provided, however,  that  no  notice
    18  of  liability  issued pursuant to this section shall be dismissed solely
    19  because such  a   photograph,   microphotograph, videotape   or    other
    20  recorded  image allows for the identification of the driver, the passen-
    21  gers, or the contents of vehicles where the  city  shows  that  it  made
    22  reasonable efforts to comply with the  provisions  of  this paragraph in
    23  such case; and
    24    (B)  oversight  procedures  to  ensure  compliance  with  the  privacy
    25  protection measures under this subdivision.
    26    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    27  image from a street cleaning vehicle photo device shall   be   for   the
    28  exclusive use of the city for the purpose of the adjudication of liabil-
    29  ity imposed pursuant to this section and of the owner receiving a notice
    30  of  liability  pursuant  to  this section, and shall be destroyed by the
    31  city upon the final resolution of the notice of liability to which  such
    32  photographs,   microphotographs,  videotape  or  other  recorded  images
    33  relate, or one year following the date of issuance  of  such  notice  of
    34  liability,  whichever  is  later.  Notwithstanding the provisions of any
    35  other  law, rule or regulation to the contrary, photographs, microphoto-
    36  graphs,  videotape  or  any  other   recorded   image   from   a  street
    37  cleaning  vehicle  photo  device  shall  not  be open to the public, nor
    38  subject to civil or criminal process or discovery, nor   used   by   any
    39  court  or administrative  or adjudicatory body in any action or proceed-
    40  ing therein except that which is necessary for  the  adjudication  of  a
    41  notice    of liability   issued   pursuant   to   this  section,  and no
    42  public entity or employee, officer or agent   thereof   shall   disclose
    43  such    information, except   that   such photographs, microphotographs,
    44  videotape or any other recorded images from such devices:
    45    (A) shall be available for inspection and copying and use by the motor
    46  vehicle owner and operator for so long as such photographs,  microphoto-
    47  graphs, videotape or other recorded images are required to be maintained
    48  or are maintained by such public entity, employee, officer or agent; and
    49    (B) (1) shall be furnished when described in a search  warrant  issued
    50  by a court authorized to issue such a search warrant pursuant to article
    51  six  hundred  ninety  of  the  criminal procedure law or a federal court
    52  authorized to issue such a search warrant under federal law, where  such
    53  search  warrant  states  that  there is reasonable cause to believe such
    54  information constitutes evidence of, or tends  to  demonstrate  that,  a
    55  misdemeanor  or  felony  offense  was committed in this state or another
    56  state, or that a particular person participated in the commission  of  a

        S. 1891--A                          3
 
     1  misdemeanor  or felony offense in this state or another state, provided,
     2  however, that if such offense was against the laws of another state, the
     3  court shall only issue a warrant if the conduct comprising such  offense
     4  would,  if  occurring  in this state, constitute a misdemeanor or felony
     5  against the laws of this state; and
     6    (2) shall be furnished in response to a subpoena duces tecum signed by
     7  a judge of competent jurisdiction and issued  pursuant  to  article  six
     8  hundred  ten of the criminal procedure law or a judge or magistrate of a
     9  federal court authorized to issue such  a  subpoena  duces  tecum  under
    10  federal law, where the judge finds and the subpoena states that there is
    11  reasonable cause to believe such information is relevant and material to
    12  the  prosecution,  or the defense, or the investigation by an authorized
    13  law enforcement official, of the alleged commission of a misdemeanor  or
    14  felony  in  this state or another state, provided, however, that if such
    15  offense was against the laws of another state, such judge or  magistrate
    16  shall  only  issue  such subpoena if the conduct comprising such offense
    17  would, if occurring in this state, constitute a misdemeanor or felony in
    18  this state; and
    19    (3) may, if lawfully obtained pursuant to this clause and  clause  (A)
    20  of  this subparagraph and otherwise admissible, be used in such criminal
    21  action or proceeding.
    22    (iii) The demonstration program authorized pursuant to this section is
    23  prohibited  from  utilizing  and  from  arranging for the utilization of
    24  biometric identifying technology, including but not  limited  to  facial
    25  recognition  technology,  for  any purpose. The use, and the arrangement
    26  for the use, of biometric  identifying  technology,  including  but  not
    27  limited  to  facial  recognition technology, on photographs, microphoto-
    28  graphs, videotape, or any other recorded image or  data  produced  by  a
    29  street cleaning photo device, by any person for any purpose, are prohib-
    30  ited. For purposes of this subparagraph, "person" shall include, but not
    31  be  limited to, a human being, a public or private corporation, an unin-
    32  corporated association, a partnership, a government  or  a  governmental
    33  instrumentality,  a court or an administrative or adjudicatory body, and
    34  any employee, officer, and agent of the foregoing.
    35    5. Every street cleaning vehicle upon which a street cleaning  vehicle
    36  photo  device  is  installed  and  operated  pursuant to a demonstration
    37  program authorized pursuant to  this  section  shall  be  equipped  with
    38  signs,  placards or other displays giving notice to motor vehicle opera-
    39  tors that street cleaning vehicle photo  devices  are  used  to  enforce
    40  street cleaning parking rules.
    41    6. Warning notices of violation shall be issued during the first sixty
    42  days  that  street  cleaning  vehicle photo devices pursuant to a demon-
    43  stration program authorized by this section are active and in operation.
    44    7. The city of New York shall adopt and enforce measures:
    45    (i) to upgrade signage at regular  intervals  within  street  cleaning
    46  routes  stating  that  street cleaning vehicle photo devices are used to
    47  enforce street cleaning parking rules along such routes; and
    48    (ii) to prohibit the use or dissemination of vehicles'  license  plate
    49  information and other information and images captured by street cleaning
    50  vehicle  photo  devices  except:  (A) as required to establish liability
    51  under this section or collect payment of penalties; (B) as  required  by
    52  court order; or (C) as otherwise required by law.
    53    (b)  If  the  city  of  New York has established a program pursuant to
    54  subdivision (a) of this section, the owner of a vehicle shall be  liable
    55  for  a  penalty  imposed  pursuant  to  this section if such vehicle was
    56  parked in violation of any street cleaning parking rule of such city and

        S. 1891--A                          4
 
     1  such violation is evidenced by information obtained from a street clean-
     2  ing vehicle photo device.
     3    (c)  For  purposes of this section, the following terms shall have the
     4  following meanings:
     5    1. "Biometric identifying technology" shall mean  any  tool  using  an
     6  automated or semi-automated process that assists in verifying a person's
     7  identity based on a person's biometric information.
     8    2. "Biometric information" shall mean any measurable physical, physio-
     9  logical or behavioral characteristics that are attributable to a person,
    10  including but not limited to facial characteristics, fingerprint charac-
    11  teristics,  hand  characteristics, eye characteristics, vocal character-
    12  istics, and any other characteristics that can be  used  to  identify  a
    13  person  including,  but not limited to: fingerprints; handprints; retina
    14  and iris patterns; DNA sequence; voice; gait; and facial geometry.
    15    3. "Facial recognition" shall mean any  tool  using  an  automated  or
    16  semiautomated  process that assists in uniquely identifying or verifying
    17  a person by comparing and analyzing patterns based on the person's face.
    18    4. "Owner" shall have the meaning provided in article  two-B  of  this
    19  chapter.
    20    5.  "Street  cleaning routes" shall mean street cleaning routes desig-
    21  nated by the  New  York  city  department  of  sanitation  that  include
    22  upgraded  signage stating that street cleaning vehicle photo devices are
    23  used to enforce street cleaning parking rules.
    24    6. "Street cleaning parking rules" shall mean the  prohibited  parking
    25  of  any  vehicle  on one side of the street to allow for cleaning by the
    26  New York city department of sanitation during designated time periods as
    27  posted by sign pursuant to the rules of the New York city department  of
    28  transportation.
    29    7.  "Street  cleaning  vehicle" shall mean any vehicle operated by the
    30  New York city department of sanitation that is designed to wash dirt and
    31  grime, and remove litter and debris, from the street surface.
    32    8. "Street cleaning vehicle photo device" shall mean a device that  is
    33  mounted  on a street cleaning vehicle, is capable of operating independ-
    34  ently of an enforcement officer and produces one or more images of  each
    35  vehicle at the time it is in violation of street cleaning parking rules.
    36    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    37  the city of New York in which  the  charged  violation  occurred,  or  a
    38  facsimile  thereof,  based  upon  inspection of photographs, microphoto-
    39  graphs, videotape or other recorded images produced by a street cleaning
    40  vehicle photo device,  shall  be  prima  facie  evidence  of  the  facts
    41  contained therein. Any photographs, microphotographs, videotape or other
    42  recorded  images  evidencing  such  a  violation  shall be available for
    43  inspection in any  proceeding  to  adjudicate  the  liability  for  such
    44  violation pursuant to this section.
    45    (e)  An owner liable for a violation of a street cleaning parking rule
    46  imposed on any route shall be liable for monetary penalties  in  accord-
    47  ance  with  a schedule of fines and penalties promulgated by the parking
    48  violations bureau of the city of New York; provided, however,  that  the
    49  monetary  penalty for violating a street cleaning parking rule shall not
    50  exceed fifty dollars for each  violation;  provided,  further,  that  an
    51  owner  shall  be  liable for an additional penalty not to exceed twenty-
    52  five dollars for each violation for the failure to respond to  a  notice
    53  of liability within the prescribed time period.
    54    (f)  An imposition of liability under the demonstration program estab-
    55  lished pursuant to this section shall not be deemed a conviction  as  an
    56  operator  and  shall  not  be  made  part of the operating record of the

        S. 1891--A                          5
 
     1  person upon whom such liability is imposed nor  shall  it  be  used  for
     2  insurance purposes in the provision of motor vehicle insurance coverage.
     3    (g) 1. A notice of liability shall be sent by first class mail to each
     4  person  alleged  to  be  liable  as an owner for a violation of a street
     5  cleaning parking rule. Personal delivery  on  the  owner  shall  not  be
     6  required.  A manual or automatic record of mailing prepared in the ordi-
     7  nary course of business shall be  prima  facie  evidence  of  the  facts
     8  contained therein.
     9    2.  A  notice  of  liability shall contain the name and address of the
    10  person alleged to be liable as an owner for violation of a street clean-
    11  ing parking rule, the registration number of  the  vehicle  involved  in
    12  such  violation,  the location where such violation took place including
    13  the street  or  cross  streets,  one  or  more  images  identifying  the
    14  violation,  the  date  and time of such violation and the identification
    15  number of the street cleaning vehicle photo  device  that  recorded  the
    16  violation or other document locator number.
    17    3.  The  notice  of  liability  shall contain information advising the
    18  person charged of the manner and the  time  in  which  such  person  may
    19  contest  the  liability  alleged in the notice. Such notice of liability
    20  shall also contain a warning to advise the person charged  that  failure
    21  to  contest in the manner and time provided shall be deemed an admission
    22  of liability and that a default judgment may be entered thereon.
    23    4. The notice of liability shall be prepared and mailed by  an  agency
    24  or  agencies  designated  by  the  city of New York, or any other entity
    25  authorized by such  city  to  prepare  and  mail  such  notification  of
    26  violation.
    27    5.  Adjudication  of the liability imposed upon owners by this section
    28  shall be by the New York city parking violations bureau.
    29    (h) If an owner of a vehicle receives a notice of  liability  pursuant
    30  to  this  section  for  any  time  period  during  which the vehicle was
    31  reported to the police department as having been stolen, it shall  be  a
    32  valid  defense  to  an allegation of liability for violation of a street
    33  cleaning parking rule of such city, that the vehicle had  been  reported
    34  to the police as stolen prior to the time the violation occurred and had
    35  not  been  recovered by such time. For purposes of asserting the defense
    36  provided by this subdivision it shall be  sufficient  that  a  certified
    37  copy  of  the police report on the stolen vehicle be sent by first class
    38  mail to the parking violations bureau.
    39    (i) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of
    40  liability  was  issued pursuant to subdivision (g) of this section shall
    41  not be liable for the violation of the  street  cleaning  parking  rule,
    42  provided that:
    43    (i)  prior  to  the  violation, the lessor has filed with such parking
    44  violations bureau in accordance  with  the  provisions  of  section  two
    45  hundred thirty-nine of this chapter; and
    46    (ii)  within thirty-seven days after receiving notice from such bureau
    47  of the date and time of such liability, together with the other informa-
    48  tion contained in the original notice of liability, the  lessor  submits
    49  to such bureau the correct name and address of the lessee of the vehicle
    50  identified  in  the  notice  of liability at the time of such violation,
    51  together with such other additional information contained in the rental,
    52  lease or other contract document, as may be reasonably required by  such
    53  bureau pursuant to regulations that may be promulgated for such purpose.
    54    2.  Failure  to comply with subparagraph (ii) of paragraph one of this
    55  subdivision shall render the lessor liable for the penalty prescribed in
    56  this section.

        S. 1891--A                          6
 
     1    3. Where the lessor complies with the provisions of paragraph  one  of
     2  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
     3  violation shall be deemed to be the owner of such vehicle  for  purposes
     4  of this section, shall be subject to liability for such violation pursu-
     5  ant to this section, and shall be sent a notice of liability pursuant to
     6  subdivision (g) of this section.
     7    (j)  1. If the owner liable for a violation of a street cleaning park-
     8  ing rule  pursuant to this section was not the operator of  the  vehicle
     9  at  the  time  of  such  violation, the owner may maintain an action for
    10  indemnification against the operator.
    11    2. Notwithstanding any other provision of this section, no owner of  a
    12  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    13  section if the operator of such vehicle was operating such vehicle with-
    14  out the consent of the owner at the time such operator failed to obey  a
    15  street  cleaning  parking  rule.  For purposes of this subdivision there
    16  shall be a presumption that the operator of such vehicle  was  operating
    17  such  vehicle  with  the  consent of the owner at the time such operator
    18  failed to obey a street cleaning parking rule.
    19    (k) Nothing in this section shall be construed to limit the  liability
    20  of an operator of a vehicle for any violation of a street cleaning park-
    21  ing rule.
    22    (l) If the city of New York adopts a demonstration program pursuant to
    23  subdivision  (a)  of  this section, such city's department of sanitation
    24  shall submit a report on the results of the use of street cleaning park-
    25  ing rule-related photo devices to the governor, the temporary  president
    26  of the senate, and the speaker of the assembly by April first, two thou-
    27  sand  twenty-nine  and  every  two years thereafter.   The department of
    28  sanitation of the city of New York shall also make such  reports  avail-
    29  able  on  their  public-facing  websites, provided that they may provide
    30  aggregate data from paragraph one of this subdivision if the city  finds
    31  that  publishing  specific location data would jeopardize public safety.
    32  Such report shall include, but not be limited to:
    33    1. a description of the locations and/or vehicles where street  clean-
    34  ing vehicle photo devices were used;
    35    2.  the  total  number  of violations recorded on a monthly and annual
    36  basis;
    37    3. the total number of notices of liability issued;
    38    4. the number of fines and total amount of fines paid after the  first
    39  notice of liability;
    40    5.  the  number  of violations adjudicated and results of such adjudi-
    41  cations including breakdowns of dispositions made;
    42    6. the total amount of revenue realized by such city and department;
    43    7. the quality of the adjudication process and its results;
    44    8. the total number of cameras;
    45    9. the total cost to such city; and
    46    10.  an assessment by the New York city department  of  sanitation  of
    47  the  efficacy  of  the  program in enabling such department to clean the
    48  city's streets.
    49    (m) It shall be a defense to any prosecution  for  a  violation  of  a
    50  street cleaning parking rule pursuant to a demonstration program adopted
    51  pursuant to this section that such street cleaning vehicle photo devices
    52  were malfunctioning at the time of the alleged violation.
    53    §  2.  Subdivision 1 of section 235 of the vehicle and traffic law, as
    54  amended by section 1 of part N of chapter 58 of the  laws  of  2025,  is
    55  amended to read as follows:

        S. 1891--A                          7

     1    1.  Notwithstanding any inconsistent provision of any general, special
     2  or local law or administrative code to the contrary, in any  city  which
     3  heretofore  or  hereafter  is  authorized to establish an administrative
     4  tribunal: (a) to hear and determine complaints  of  traffic  infractions
     5  constituting parking, standing or stopping violations, or (b) to adjudi-
     6  cate  the  liability  of  owners  for  violations  of subdivision (d) of
     7  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
     8  local  law  or  ordinance  imposing monetary liability on the owner of a
     9  vehicle for failure of an operator thereof to comply  with  traffic-con-
    10  trol  indications through the installation and operation of traffic-con-
    11  trol signal photo violation-monitoring systems, in accordance with arti-
    12  cle twenty-four of this chapter, or (c) to adjudicate the  liability  of
    13  owners  for  violations  of  subdivision  (b),  (c),  (d), (f) or (g) of
    14  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    15  demonstration  program  imposing  monetary  liability  on the owner of a
    16  vehicle for failure of an operator thereof to comply  with  such  posted
    17  maximum  speed  limits  through  the installation and operation of photo
    18  speed violation monitoring systems, in accordance with article thirty of
    19  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
    20  violations of bus lane restrictions as defined by article twenty-four of
    21  this  chapter  imposed  pursuant to a bus rapid transit program imposing
    22  monetary liability on the owner of a vehicle for failure of an  operator
    23  thereof  to comply with such bus lane restrictions through the installa-
    24  tion and operation of bus lane photo devices, in accordance with article
    25  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    26  owners  for violations of toll collection regulations imposed by certain
    27  public authorities pursuant to the law authorizing such public  authori-
    28  ties  to impose monetary liability on the owner of a vehicle for failure
    29  of an operator thereof to comply with  toll  collection  regulations  of
    30  such  public  authorities  through  the  installation  and  operation of
    31  photo-monitoring systems, in accordance with the provisions  of  section
    32  two  thousand nine hundred eighty-five of the public authorities law and
    33  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    34  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    35  the  liability of owners for violations of section eleven hundred seven-
    36  ty-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  (g)  to  adjudicate  the  liability  of  owners  for
    44  violations  of section three hundred eighty-five of this chapter and the
    45  rules of the applicable covered agency  or  covered  authority  as  such
    46  terms  are  defined  in article ten of this chapter in relation to gross
    47  vehicle weight and/or axle weight violations imposed pursuant to a weigh
    48  in motion demonstration program imposing monetary liability on the owner
    49  of a vehicle for failure of an operator  thereof  to  comply  with  such
    50  gross vehicle weight and/or axle weight restrictions through the instal-
    51  lation and operation of weigh in motion violation monitoring systems, in
    52  accordance  with  article  ten of this chapter, or (h) to adjudicate the
    53  liability of owners for violations of subdivision (b), (d), (f)  or  (g)
    54  of  section  eleven hundred eighty of this chapter imposed pursuant to a
    55  demonstration program imposing monetary liability  on  the  owner  of  a
    56  vehicle  for  failure  of an operator thereof to comply with such posted

        S. 1891--A                          8
 
     1  maximum speed limits within a highway construction or  maintenance  work
     2  area  through  the  installation  and operation of photo speed violation
     3  monitoring systems, in accordance with article thirty of  this  chapter,
     4  or (i) to adjudicate the liability of owners for violations of bus oper-
     5  ation-related  traffic  regulations as defined by article twenty-four of
     6  this chapter imposed pursuant to a demonstration program imposing  mone-
     7  tary  liability  on  the  owner  of a vehicle for failure of an operator
     8  thereof to comply with such bus  operation-related  traffic  regulations
     9  through  the  installation  and operation of bus operation-related photo
    10  devices, in accordance with article twenty-four of this chapter, or  (j)
    11  to  adjudicate the liability of owners for violations of street cleaning
    12  parking rules as defined by article twenty-four of this chapter  imposed
    13  pursuant  to  a  program  imposing  monetary liability on the owner of a
    14  vehicle for failure of an operator thereof to comply  with  such  street
    15  cleaning  parking rules through the installation and operation of street
    16  cleaning vehicle photo devices, in accordance with  article  twenty-four
    17  of  this chapter, such tribunal and the rules and regulations pertaining
    18  thereto shall be constituted in substantial conformance with the follow-
    19  ing sections.
    20    § 3. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    21  amended  by  section  2  of part N of chapter 58 of the laws of 2025, is
    22  amended to read as follows:
    23    1. Creation. In any city as hereinbefore or hereafter authorized  such
    24  tribunal  when  created  shall be known as the parking violations bureau
    25  and shall have jurisdiction of traffic infractions  which  constitute  a
    26  parking violation and, where authorized: (a) to adjudicate the liability
    27  of  owners  for  violations of subdivision (d) of section eleven hundred
    28  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    29  imposing  monetary liability on the owner of a vehicle for failure of an
    30  operator thereof to comply with traffic-control indications through  the
    31  installation  and  operation  of traffic-control signal photo violation-
    32  monitoring systems, in accordance with article twenty-four of this chap-
    33  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    34  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    35  of this chapter imposed pursuant to  a  demonstration  program  imposing
    36  monetary  liability on the owner of a vehicle for failure of an operator
    37  thereof to comply with such posted  maximum  speed  limits  through  the
    38  installation  and operation of photo speed violation monitoring systems,
    39  in accordance with article thirty of this chapter, or (c) to  adjudicate
    40  the  liability  of  owners  for  violations  of bus lane restrictions as
    41  defined by article twenty-four of this chapter imposed pursuant to a bus
    42  rapid transit program imposing monetary liability  on  the  owner  of  a
    43  vehicle  for failure of an operator thereof to comply with such bus lane
    44  restrictions through the installation and operation of  bus  lane  photo
    45  devices,  in accordance with article twenty-four of this chapter, or (d)
    46  to adjudicate the liability of owners for violations of toll  collection
    47  regulations  imposed  by  certain public authorities pursuant to the law
    48  authorizing such public authorities to impose monetary liability on  the
    49  owner  of  a  vehicle  for failure of an operator thereof to comply with
    50  toll collection regulations  of  such  public  authorities  through  the
    51  installation  and  operation  of photo-monitoring systems, in accordance
    52  with the provisions of section two thousand nine hundred eighty-five  of
    53  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    54  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    55  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for
    56  violations of section eleven hundred seventy-four of this  chapter  when

        S. 1891--A                          9
 
     1  meeting  a  school  bus  marked and equipped as provided in subdivisions
     2  twenty and twenty-one-c of section three hundred  seventy-five  of  this
     3  chapter  imposed  pursuant to a local law or ordinance imposing monetary
     4  liability  on  the owner of a vehicle for failure of an operator thereof
     5  to comply with school bus red visual signals  through  the  installation
     6  and  operation  of  school  bus  photo  violation monitoring systems, in
     7  accordance with article twenty-nine of this chapter, or (f)  to  adjudi-
     8  cate  the  liability  of  owners for violations of section three hundred
     9  eighty-five of this chapter and the  rules  of  the  applicable  covered
    10  agency  or covered authority as such terms are defined in article ten of
    11  this chapter in relation to gross  vehicle  weight  and/or  axle  weight
    12  violations  imposed  pursuant to a weigh in motion demonstration program
    13  imposing monetary liability on the owner of a vehicle for failure of  an
    14  operator  thereof  to  comply with such gross vehicle weight and/or axle
    15  weight restrictions through the installation and operation of  weigh  in
    16  motion  violation  monitoring systems, in accordance with article ten of
    17  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    18  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
    19  eighty  of  this  chapter  imposed  pursuant  to a demonstration program
    20  imposing monetary liability on the owner of a vehicle for failure of  an
    21  operator  thereof to comply with such posted maximum speed limits within
    22  a highway construction or maintenance work area through the installation
    23  and operation of photo speed violation monitoring systems, in accordance
    24  with article thirty of this chapter, or (h) to adjudicate the  liability
    25  of owners for violations of bus operation-related traffic regulations as
    26  defined  by  article  twenty-four  of this chapter imposed pursuant to a
    27  demonstration program imposing monetary liability  on  the  owner  of  a
    28  vehicle for failure of an operator thereof to comply with such bus oper-
    29  ation-related traffic regulations through the installation and operation
    30  of bus operation-related photo devices, in accordance with article twen-
    31  ty-four  of  this  chapter, or (i) to adjudicate the liability of owners
    32  for violations of street cleaning parking rules as  defined  by  article
    33  twenty-four of this chapter imposed pursuant to a program imposing mone-
    34  tary  liability  on  the  owner  of a vehicle for failure of an operator
    35  thereof to comply with such street cleaning parking  rules  through  the
    36  installation  and operation of street cleaning vehicle photo devices, in
    37  accordance with article twenty-four of this  chapter.    Such  tribunal,
    38  except  in  a  city with a population of one million or more, shall also
    39  have jurisdiction of abandoned vehicle violations. For the  purposes  of
    40  this  article,  a parking violation is the violation of any law, rule or
    41  regulation providing for or regulating the parking, stopping or standing
    42  of a vehicle. In addition for purposes of this  article,  "commissioner"
    43  shall  mean  and  include  the commissioner of traffic of the city or an
    44  official possessing authority as such a commissioner.
    45    § 4. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    46  traffic law, as amended by section 3 of part N of chapter 58 of the laws
    47  of 2025, is amended to read as follows:
    48    f.  "Notice  of  violation"  means a notice of violation as defined in
    49  subdivision nine of section two hundred thirty-seven  of  this  article,
    50  but shall not be deemed to include a notice of liability issued pursuant
    51  to authorization set forth in articles ten, twenty-four, twenty-nine and
    52  thirty of this chapter, section two thousand nine hundred eighty-five of
    53  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    54  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    55  hundred fifty to impose monetary liability on the owner of a vehicle for
    56  failure  of  an  operator  thereof: to comply with traffic-control indi-

        S. 1891--A                         10
 
     1  cations in violation of subdivision (d) of section eleven hundred eleven
     2  of this chapter through the installation and operation  of  traffic-con-
     3  trol signal photo violation-monitoring systems, in accordance with arti-
     4  cle  twenty-four of this chapter; or to comply with certain posted maxi-
     5  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
     6  of  section  eleven hundred eighty of this chapter through the installa-
     7  tion and operation of  photo  speed  violation  monitoring  systems,  in
     8  accordance  with  article  thirty of this chapter; or to comply with bus
     9  lane restrictions as defined by  article  twenty-four  of  this  chapter
    10  through  the  installation  and  operation of bus lane photo devices, in
    11  accordance with article twenty-four of this chapter; or to  comply  with
    12  toll  collection  regulations  of certain public authorities through the
    13  installation and operation of photo-monitoring  systems,  in  accordance
    14  with  the provisions of section two thousand nine hundred eighty-five of
    15  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    16  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    17  hundred fifty; or to stop for a  school  bus  displaying  a  red  visual
    18  signal in violation of section eleven hundred seventy-four of this chap-
    19  ter through the installation and operation of school bus photo violation
    20  monitoring systems, in accordance with article twenty-nine of this chap-
    21  ter;  or to comply with certain posted maximum speed limits in violation
    22  of subdivision (b), (d), (f) or (g) of section eleven hundred eighty  of
    23  this  chapter  within  a  highway  construction or maintenance work area
    24  through the installation and operation of photo speed violation monitor-
    25  ing systems, in accordance with article thirty of this  chapter;  or  to
    26  comply  with  gross  vehicle  weight  and/or axle weight restrictions in
    27  violation of section three hundred eighty-five of this chapter  and  the
    28  rules  of  the  applicable  covered  agency or covered authority as such
    29  terms are defined in article ten of this chapter through  the  installa-
    30  tion  and  operation of weigh in motion violation monitoring systems, in
    31  accordance with article ten of this chapter; or to comply with bus oper-
    32  ation-related traffic regulations as defined by article  twenty-four  of
    33  this  chapter in violation of the rules of the department of transporta-
    34  tion of the city of New York through the installation and  operation  of
    35  bus  operation-related photo devices, in accordance with article twenty-
    36  four of this chapter; or to comply with street cleaning parking rules as
    37  defined by article twenty-four of this chapter through the  installation
    38  and  operation  of  street cleaning vehicle photo devices, in accordance
    39  with article twenty-four of this chapter.
    40    § 5. Subdivisions 1, 1-a and the opening paragraph of paragraph (a) of
    41  subdivision 1-b of section 240 of the vehicle and traffic law,  subdivi-
    42  sions  1  and 1-a as amended by section 4 of part N of chapter 58 of the
    43  laws of 2025, and the opening paragraph of paragraph (a) of  subdivision
    44  1-b  as  amended  by  section  5 of part MM of chapter 56 of the laws of
    45  2023, are amended to read as follows:
    46    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    47  violation  enters a plea of not guilty; or a person alleged to be liable
    48  in accordance with any provisions of law  specifically  authorizing  the
    49  imposition  of  monetary liability on the owner of a vehicle for failure
    50  of an operator thereof: to comply with  traffic-control  indications  in
    51  violation  of  subdivision  (d) of section eleven hundred eleven of this
    52  chapter through the installation and operation of traffic-control signal
    53  photo violation-monitoring systems, in accordance with  article  twenty-
    54  four  of  this  chapter;  or to comply with certain posted maximum speed
    55  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
    56  eleven hundred eighty of this chapter through the installation and oper-

        S. 1891--A                         11
 
     1  ation  of  photo  speed violation monitoring systems, in accordance with
     2  article thirty of this chapter; or to comply with bus lane  restrictions
     3  as  defined by article twenty-four of this chapter through the installa-
     4  tion and operation of bus lane photo devices, in accordance with article
     5  twenty-four  of  this  chapter;  or to comply with toll collection regu-
     6  lations of certain public authorities through the installation and oper-
     7  ation of photo-monitoring systems, in accordance with the provisions  of
     8  section  two thousand nine hundred eighty-five of the public authorities
     9  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    10  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    11  for a school bus displaying a red visual signal in violation of  section
    12  eleven hundred seventy-four of this chapter through the installation and
    13  operation  of  school bus photo violation monitoring systems, in accord-
    14  ance with article twenty-nine of this chapter; or to comply with certain
    15  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    16  (g) of section eleven hundred eighty of this chapter  within  a  highway
    17  construction or maintenance work area through the installation and oper-
    18  ation  of  photo  speed violation monitoring systems, in accordance with
    19  article thirty of this chapter; or to comply with gross  vehicle  weight
    20  and/or  axle  weight  restrictions in violation of section three hundred
    21  eighty-five of this chapter and the  rules  of  the  applicable  covered
    22  agency  or covered authority as such terms are defined in article ten of
    23  this chapter through the installation and operation of weigh  in  motion
    24  violation  monitoring  systems,  in  accordance with article ten of this
    25  chapter; or to comply with bus operation-related traffic regulations  as
    26  defined by article twenty-four of this chapter in violation of the rules
    27  of  the department of transportation of the city of New York through the
    28  installation and operation of bus operation-related  photo  devices,  in
    29  accordance  with  article twenty-four of this chapter; or to comply with
    30  street cleaning parking rules as defined by article twenty-four of  this
    31  chapter  through the installation and operation of street cleaning vehi-
    32  cle photo devices, in accordance with article twenty-four of this  chap-
    33  ter,  contests  such  allegation,  the  bureau  shall advise such person
    34  personally by such form of first class mail as the director  may  direct
    35  of  the  date on which such person must appear to answer the charge at a
    36  hearing. The form and  content  of  such  notice  of  hearing  shall  be
    37  prescribed  by  the  director, and shall contain a warning to advise the
    38  person so pleading or contesting that failure  to  appear  on  the  date
    39  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    40  admission of liability, and that a default judgment may be entered ther-
    41  eon.
    42    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    43  entered, or the bureau has been notified that an allegation of liability
    44  in  accordance with provisions of law specifically authorizing the impo-
    45  sition of monetary liability on the owner of a vehicle for failure of an
    46  operator  thereof:  to  comply  with  traffic-control   indications   in
    47  violation  of  subdivision  (d) of section eleven hundred eleven of this
    48  chapter through the installation and operation of traffic-control signal
    49  photo violation-monitoring systems, in accordance with  article  twenty-
    50  four  of  this  chapter;  or to comply with certain posted maximum speed
    51  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
    52  eleven hundred eighty of this chapter through the installation and oper-
    53  ation  of  photo  speed violation monitoring systems, in accordance with
    54  article thirty of this chapter; or to comply with bus lane  restrictions
    55  as  defined by article twenty-four of this chapter through the installa-
    56  tion and operation of bus lane photo devices, in accordance with article

        S. 1891--A                         12
 
     1  twenty-four of this chapter; or to comply  with  toll  collection  regu-
     2  lations of certain public authorities through the installation and oper-
     3  ation  of photo-monitoring systems, in accordance with the provisions of
     4  section  two thousand nine hundred eighty-five of the public authorities
     5  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
     6  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
     7  for a school bus displaying a red visual signal in violation of  section
     8  eleven hundred seventy-four of this chapter through the installation and
     9  operation  of  school bus photo violation monitoring systems, in accord-
    10  ance with article twenty-nine of this chapter; or to comply with certain
    11  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    12  (g) of section eleven hundred eighty of this chapter  within  a  highway
    13  construction or maintenance work area through the installation and oper-
    14  ation  of  photo  speed violation monitoring systems, in accordance with
    15  article thirty of this chapter; or to comply with gross  vehicle  weight
    16  and/or  axle  weight  restrictions in violation of section three hundred
    17  eighty-five of this chapter and the  rules  of  the  applicable  covered
    18  agency  or covered authority as such terms are defined in article ten of
    19  this chapter through the installation and operation of weigh  in  motion
    20  violation  monitoring  systems,  in  accordance with article ten of this
    21  chapter; or to comply with bus operation-related traffic regulations  as
    22  defined by article twenty-four of this chapter in violation of the rules
    23  of  the department of transportation of the city of New York through the
    24  installation and operation of bus operation-related  photo  devices,  in
    25  accordance  with  article twenty-four of this chapter, or to comply with
    26  street cleaning parking rules as defined by article twenty-four of  this
    27  chapter  through the installation and operation of street cleaning vehi-
    28  cle photo devices, in accordance with article twenty-four of this  chap-
    29  ter,  is  being contested, by a person in a timely fashion and a hearing
    30  upon the merits has been demanded, but has not yet been held, the bureau
    31  shall not issue any notice of fine or penalty to that  person  prior  to
    32  the date of the hearing.
    33    In a city having a population of one million or more, at every hearing
    34  for the adjudication of a notice of liability, as provided by this arti-
    35  cle,  there shall be a rebuttable presumption that the owner of a first-
    36  response emergency vehicle alleged to be liable in accordance  with  any
    37  provisions  of  law  specifically authorizing the imposition of monetary
    38  liability on the owner of a vehicle for failure of an operator  thereof:
    39  to  comply  with traffic-control indications in violation of subdivision
    40  (d) of section eleven hundred eleven of this chapter through the instal-
    41  lation and operation of traffic-control signal photo  violation-monitor-
    42  ing  systems, in accordance with article twenty-four of this chapter; or
    43  to comply with certain posted  maximum  speed  limits  in  violation  of
    44  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    45  of this chapter through the installation and operation  of  photo  speed
    46  violation  monitoring systems, in accordance with article thirty of this
    47  chapter; or 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;  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

        S. 1891--A                         13
 
     1  vehicle  photo  devices,  in accordance with article twenty-four of this
     2  chapter is not liable for such alleged violation if such  owner  of  the
     3  first-response emergency vehicle provides the hearing officer with:
     4    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
     5  and  traffic law, as amended by section 5 of part N of chapter 58 of the
     6  laws of 2025, are amended to read as follows:
     7    a. Every hearing for the adjudication of a charge of parking violation
     8  or an allegation of liability of an owner for a violation of subdivision
     9  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    10  a local law or ordinance imposing monetary liability on the owner  of  a
    11  vehicle  for  failure of an operator thereof to comply with traffic-con-
    12  trol indications through the installation and operation of  traffic-con-
    13  trol signal photo violation-monitoring systems, in accordance with arti-
    14  cle  twenty-four  of  this  chapter, or an allegation of liability of an
    15  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    16  section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
    17  demonstration program imposing monetary liability  on  the  owner  of  a
    18  vehicle for failure of an operator thereof to comply with certain posted
    19  maximum  speed  limits  through  the installation and operation of photo
    20  speed violation monitoring systems, in accordance with article thirty of
    21  this chapter, or an allegation of liability of an owner for a  violation
    22  of bus lane restrictions as defined by article twenty-four of this chap-
    23  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    24  liability on the owner of a vehicle for failure of an  operator  thereof
    25  to  comply  with such bus lane restrictions through the installation and
    26  operation of bus lane photo devices, in accordance with article  twenty-
    27  four  of  this  chapter, or an allegation of liability of an owner for a
    28  violation of toll  collection  regulations  imposed  by  certain  public
    29  authorities  pursuant  to the law authorizing such public authorities to
    30  impose monetary liability on the owner of a vehicle for  failure  of  an
    31  operator  thereof  to  comply  with  toll collection regulations of such
    32  public authorities through the installation and operation of photo-moni-
    33  toring systems, in accordance with the provisions of section  two  thou-
    34  sand nine hundred eighty-five of the public authorities law and sections
    35  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    36  of  the laws of nineteen hundred fifty, or an allegation of liability of
    37  an owner for a violation of section eleven hundred seventy-four of  this
    38  chapter  when  meeting  a  school bus marked and equipped as provided in
    39  subdivisions twenty and twenty-one-c of section three  hundred  seventy-
    40  five of this chapter imposed pursuant to a local law or ordinance impos-
    41  ing monetary liability on the owner of a vehicle for failure of an oper-
    42  ator  thereof  to  comply with school bus red visual signals through the
    43  installation and operation of  school  bus  photo  violation  monitoring
    44  systems,  in  accordance with article twenty-nine of this chapter, or an
    45  allegation of liability of an owner for a violation of subdivision  (b),
    46  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
    47  pursuant  to  a demonstration program imposing monetary liability on the
    48  owner of a vehicle for failure of an operator  thereof  to  comply  with
    49  certain  posted  maximum  speed  limits within a highway construction or
    50  maintenance work area through the installation and  operation  of  photo
    51  speed violation monitoring systems, in accordance with article thirty of
    52  this  chapter, or an allegation of liability of an owner for a violation
    53  of section three hundred eighty-five of this chapter and  the  rules  of
    54  the  applicable  covered  agency  or covered authority as such terms are
    55  defined in article ten of this chapter  in  relation  to  gross  vehicle
    56  weight  and/or  axle  weight  violations  imposed pursuant to a weigh in

        S. 1891--A                         14
 
     1  motion demonstration program imposing monetary liability on the owner of
     2  a vehicle for failure of an operator thereof to comply with  such  gross
     3  vehicle  weight and/or axle weight restrictions through the installation
     4  and  operation  of  weigh  in  motion  violation  monitoring systems, in
     5  accordance with article ten of this chapter, or an allegation of liabil-
     6  ity of an owner for a violation of bus operation-related  traffic  regu-
     7  lations as defined by article twenty-four of this chapter imposed pursu-
     8  ant  to a demonstration program imposing monetary liability on the owner
     9  of a vehicle for failure of an operator thereof to comply with such  bus
    10  operation-related traffic regulations through the installation and oper-
    11  ation of bus operation-related photo devices, in accordance with article
    12  twenty-four  of  this chapter, or an allegation of liability of an owner
    13  for a violation of street cleaning parking rules as defined  by  article
    14  twenty-four of this chapter imposed pursuant to a program imposing mone-
    15  tary  liability  on  the  owner  of a vehicle for failure of an operator
    16  thereof to comply with such street cleaning parking  rules  through  the
    17  installation  and operation of street cleaning vehicle photo devices, in
    18  accordance with article twenty-four  of  this  chapter,  shall  be  held
    19  before  a  hearing  examiner  in  accordance  with rules and regulations
    20  promulgated by the bureau.
    21    g. A record shall be made of a hearing on a plea of not guilty or of a
    22  hearing at which liability in accordance  with  any  provisions  of  law
    23  specifically  authorizing  the  imposition  of monetary liability on the
    24  owner of a vehicle for failure of an operator thereof:  to  comply  with
    25  traffic-control  indications  in violation of subdivision (d) of section
    26  eleven hundred eleven of this chapter through the installation and oper-
    27  ation of traffic-control signal photo violation-monitoring  systems,  in
    28  accordance  with  article  twenty-four  of  this chapter; to comply with
    29  certain posted maximum speed limits in  violation  of  subdivision  (b),
    30  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    31  through the installation and operation of photo speed violation monitor-
    32  ing systems, in accordance with  article  thirty  of  this  chapter;  to
    33  comply  with  bus lane restrictions as defined by article twenty-four of
    34  this chapter through the installation and operation of  bus  lane  photo
    35  devices,  in  accordance  with  article  twenty-four of this chapter; to
    36  comply with toll collection regulations of  certain  public  authorities
    37  through  the  installation and operation of photo-monitoring systems, in
    38  accordance with the provisions of  section  two  thousand  nine  hundred
    39  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
    40  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    41  laws  of  nineteen  hundred fifty; to stop for a school bus displaying a
    42  red visual signal in violation of section eleven hundred seventy-four of
    43  this chapter through the installation and operation of school bus  photo
    44  violation  monitoring systems, in accordance with article twenty-nine of
    45  this chapter; to comply with certain  posted  maximum  speed  limits  in
    46  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
    47  eighty of this chapter within a highway construction or maintenance work
    48  area through the installation and operation  of  photo  speed  violation
    49  monitoring  systems,  in accordance with article thirty of this chapter;
    50  to comply with gross vehicle weight and/or axle weight  restrictions  in
    51  violation  of  section three hundred eighty-five of this chapter and the
    52  rules of the applicable covered agency  or  covered  authority  as  such
    53  terms  are  defined in article ten of this chapter through the installa-
    54  tion and operation of weigh in motion violation monitoring  systems,  in
    55  accordance with article ten of this chapter; or to comply with bus oper-
    56  ation-related  traffic  regulations as defined by article twenty-four of

        S. 1891--A                         15
 
     1  this chapter in violation of the rules of the department of  transporta-
     2  tion  of  the city of New York through the installation and operation of
     3  bus operation-related photo devices, in accordance with article  twenty-
     4  four of this chapter; or to comply with street cleaning parking rules as
     5  defined  by article twenty-four of this chapter through the installation
     6  and operation of street cleaning vehicle photo  devices,  in  accordance
     7  with  article  twenty-four  of  this  chapter,  is  contested. Recording
     8  devices may be used for the making of the record.
     9    § 7. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    10  law,  as  amended  by  section  6 of part N of chapter 58 of the laws of
    11  2025, are amended to read as follows:
    12    1. The hearing examiner shall make a  determination  on  the  charges,
    13  either  sustaining or dismissing them. Where the hearing examiner deter-
    14  mines that the charges have been sustained  such  hearing  examiner  may
    15  examine  either  the  prior  parking  violations record or the record of
    16  liabilities incurred in accordance with any provisions  of  law  specif-
    17  ically  authorizing the imposition of monetary liability on the owner of
    18  a vehicle for failure of an operator thereof: to  comply  with  traffic-
    19  control  indications  in  violation of subdivision (d) of section eleven
    20  hundred eleven of this chapter through the installation and operation of
    21  traffic-control signal photo violation-monitoring systems, in accordance
    22  with article twenty-four of this chapter; to comply with certain  posted
    23  maximum  speed  limits in violation of subdivision (b), (c), (d), (f) or
    24  (g) of section eleven hundred eighty of this chapter through the instal-
    25  lation and operation of photo speed  violation  monitoring  systems,  in
    26  accordance  with article thirty of this chapter; to comply with bus lane
    27  restrictions as defined by article twenty-four of this  chapter  through
    28  the  installation and operation of bus lane photo devices, in accordance
    29  with article twenty-four of this chapter; to comply with toll collection
    30  regulations of certain public authorities through the  installation  and
    31  operation of photo-monitoring systems, in accordance with the provisions
    32  of  section two thousand nine hundred eighty-five of the public authori-
    33  ties law and sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    34  seven  hundred  seventy-four  of  the laws of nineteen hundred fifty; to
    35  stop for a school bus displaying a red visual  signal  in  violation  of
    36  section  eleven hundred seventy-four of this chapter through the instal-
    37  lation and operation of school bus photo violation  monitoring  systems,
    38  in  accordance  with article twenty-nine of this chapter; to comply with
    39  certain posted maximum speed limits in  violation  of  subdivision  (b),
    40  (d),  (f) or (g) of section eleven hundred eighty of this chapter within
    41  a highway construction or maintenance work area through the installation
    42  and operation of photo speed violation monitoring systems, in accordance
    43  with article thirty of this chapter; to comply with gross vehicle weight
    44  and/or axle weight restrictions in violation of  section  three  hundred
    45  eighty-five  of  this  chapter  and  the rules of the applicable covered
    46  agency or covered authority as such terms are defined in article ten  of
    47  this  chapter  through the installation and operation of weigh in motion
    48  violation monitoring systems, in accordance with  article  ten  of  this
    49  chapter;  [or]  to comply with bus operation-related traffic regulations
    50  as defined by article twenty-four of this chapter in  violation  of  the
    51  rules  of  the  department  of  transportation  of  the city of New York
    52  through the installation and operation of  bus  operation-related  photo
    53  devices,  in  accordance with article twenty-four of this chapter; or to
    54  comply with street cleaning parking rules as defined by article  twenty-
    55  four  of  this  chapter through the installation and operation of street
    56  cleaning vehicle photo devices, in accordance with  article  twenty-four

        S. 1891--A                         16
 
     1  of this chapter, of the person charged, as applicable prior to rendering
     2  a  final  determination.  Final  determinations sustaining or dismissing
     3  charges shall be entered on a final determination roll maintained by the
     4  bureau  together  with  records showing payment and nonpayment of penal-
     5  ties.
     6    2. Where an operator or owner fails to enter a plea to a charge  of  a
     7  parking  violation  or  contest an allegation of liability in accordance
     8  with any provisions of law specifically authorizing  the  imposition  of
     9  monetary  liability on the owner of a vehicle for failure of an operator
    10  thereof: to comply with  traffic-control  indications  in  violation  of
    11  subdivision (d) of section eleven hundred eleven of this chapter through
    12  the  installation  and  operation of traffic-control signal photo viola-
    13  tion-monitoring systems, in accordance with article twenty-four of  this
    14  chapter; to comply with certain posted maximum speed limits in violation
    15  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    16  eighty of this chapter through the installation and operation  of  photo
    17  speed violation monitoring systems, in accordance with article thirty of
    18  this chapter; to comply with bus lane restrictions as defined by article
    19  twenty-four  of  this  chapter through the installation and operation of
    20  bus lane photo devices, in accordance with article twenty-four  of  this
    21  chapter;  to  comply  with toll collection regulations of certain public
    22  authorities through the installation and operation  of  photo-monitoring
    23  systems,  in accordance with the provisions of section two thousand nine
    24  hundred  eighty-five  of  the  public  authorities  law   and   sections
    25  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    26  of the laws of nineteen hundred fifty; to stop for a school bus display-
    27  ing  a red visual signal in violation of section eleven hundred seventy-
    28  four of this chapter through the installation and  operation  of  school
    29  bus photo violation monitoring systems, in accordance with article twen-
    30  ty-nine  of  this  chapter;  to comply with certain posted maximum speed
    31  limits in violation of subdivision (b), (d), (f) or (g) of section elev-
    32  en hundred eighty of this chapter within a highway construction or main-
    33  tenance work area through the installation and operation of photo  speed
    34  violation  monitoring systems, in accordance with article thirty of this
    35  chapter;  to  comply  with  gross  vehicle  weight  and/or  axle  weight
    36  restrictions  in  violation of section three hundred eighty-five of this
    37  chapter and the rules  of  the  applicable  covered  agency  or  covered
    38  authority  as  such  terms  are  defined  in article ten of this chapter
    39  through the installation and operation  of  weigh  in  motion  violation
    40  monitoring systems, in accordance with article ten of this chapter; [or]
    41  to  comply  with bus operation-related traffic regulations as defined by
    42  article twenty-four of this chapter in violation of  the  rules  of  the
    43  department of transportation of the city of New York through the instal-
    44  lation  and operation of bus operation-related photo devices, in accord-
    45  ance with article twenty-four of this chapter; or to comply with  street
    46  cleaning parking rules as defined by article twenty-four of this chapter
    47  through  the installation and operation of street cleaning vehicle photo
    48  devices, in accordance with article  twenty-four  of  this  chapter,  or
    49  fails  to  appear  on  a designated hearing date or subsequent adjourned
    50  date or fails after a hearing to comply  with  the  determination  of  a
    51  hearing examiner, as prescribed by this article or by rule or regulation
    52  of  the bureau, such failure to plead or contest, appear or comply shall
    53  be deemed, for all purposes, an admission  of  liability  and  shall  be
    54  grounds  for  rendering  and  entering  a  default judgment in an amount
    55  provided by the rules and regulations of the bureau. However, after  the
    56  expiration  of  the  original  date  prescribed  for entering a plea and

        S. 1891--A                         17
 
     1  before a default judgment may be rendered, in such case the bureau shall
     2  pursuant to the applicable provisions of law  notify  such  operator  or
     3  owner,  by  such  form of first class mail as the commission may direct;
     4  (1)  of  the  violation charged, or liability alleged in accordance with
     5  any provisions of law specifically authorizing the imposition  of  mone-
     6  tary  liability  on  the  owner  of a vehicle for failure of an operator
     7  thereof: to comply with  traffic-control  indications  in  violation  of
     8  subdivision (d) of section eleven hundred eleven of this chapter through
     9  the  installation  and  operation of traffic-control signal photo viola-
    10  tion-monitoring systems, in accordance with article twenty-four of  this
    11  chapter; to comply with certain posted maximum speed limits in violation
    12  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    13  eighty of this chapter through the installation and operation  of  photo
    14  speed violation monitoring systems, in accordance with article thirty of
    15  this chapter; to comply with bus lane restrictions as defined by article
    16  twenty-four  of  this  chapter through the installation and operation of
    17  bus lane photo devices, in accordance with article twenty-four  of  this
    18  chapter;  to  comply  with toll collection regulations of certain public
    19  authorities through the installation and operation  of  photo-monitoring
    20  systems,  in accordance with the provisions of section two thousand nine
    21  hundred  eighty-five  of  the  public  authorities  law   and   sections
    22  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    23  of the laws of nineteen hundred fifty; to stop for a school bus display-
    24  ing  a red visual signal in violation of section eleven hundred seventy-
    25  four of this chapter through the installation and  operation  of  school
    26  bus photo violation monitoring systems, in accordance with article twen-
    27  ty-nine  of  this  chapter;  to comply with certain posted maximum speed
    28  limits in violation of subdivision (b), (d), (f) or (g) of section elev-
    29  en hundred eighty of this chapter within a highway construction or main-
    30  tenance work area through the installation and operation of photo  speed
    31  violation  monitoring systems, in accordance with article thirty of this
    32  chapter;  to  comply  with  gross  vehicle  weight  and/or  axle  weight
    33  restrictions  in  violation of section three hundred eighty-five of this
    34  chapter and the rules  of  the  applicable  covered  agency  or  covered
    35  authority  as  such  terms  are  defined  in article ten of this chapter
    36  through the installation and operation  of  weigh  in  motion  violation
    37  monitoring systems, in accordance with article ten of this chapter; [or]
    38  to  comply  with bus operation-related traffic regulations as defined by
    39  article twenty-four of this chapter in violation of  the  rules  of  the
    40  department of transportation of the city of New York through the instal-
    41  lation  and operation of bus operation-related photo devices, in accord-
    42  ance with article twenty-four of this chapter; or to comply with  street
    43  cleaning parking rules as defined by article twenty-four of this chapter
    44  through  the installation and operation of street cleaning vehicle photo
    45  devices, in accordance with article twenty-four of this chapter, (2)  of
    46  the  impending  default judgment, (3) that such judgment will be entered
    47  in the Civil Court of the city in which the bureau has been established,
    48  or other court of civil jurisdiction or any other place provided for the
    49  entry of civil judgments within the state of New York, and  (4)  that  a
    50  default may be avoided by entering a plea or contesting an allegation of
    51  liability  in accordance with any provisions of law specifically author-
    52  izing the imposition of monetary liability on the owner of a vehicle for
    53  failure of an operator thereof: to  comply  with  traffic-control  indi-
    54  cations in violation of subdivision (d) of section eleven hundred eleven
    55  of  this  chapter through the installation and operation of traffic-con-
    56  trol signal photo violation-monitoring systems, in accordance with arti-

        S. 1891--A                         18
 
     1  cle twenty-four of this chapter; to comply with certain  posted  maximum
     2  speed  limits  in  violation of subdivision (b), (c), (d), (f) or (g) of
     3  section eleven hundred eighty of this chapter through  the  installation
     4  and operation of photo speed violation monitoring systems, in accordance
     5  with   article   thirty  of  this  chapter;  to  comply  with  bus  lane
     6  restrictions as defined by article twenty-four of this  chapter  through
     7  the  installation and operation of bus lane photo devices, in accordance
     8  with article twenty-four of this chapter; to comply with toll collection
     9  regulations of certain public authorities through the  installation  and
    10  operation of photo-monitoring systems, in accordance with the provisions
    11  of  section two thousand nine hundred eighty-five of the public authori-
    12  ties law and sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    13  seven  hundred  seventy-four  of  the laws of nineteen hundred fifty; to
    14  stop for a school bus displaying a red visual  signal  in  violation  of
    15  section  eleven hundred seventy-four of this chapter through the instal-
    16  lation and operation of school bus photo violation  monitoring  systems,
    17  in  accordance  with article twenty-nine of this chapter; to comply with
    18  certain posted maximum speed limits in  violation  of  subdivision  (b),
    19  (d),  (f) or (g) of section eleven hundred eighty of this chapter within
    20  a highway construction or maintenance work area through the installation
    21  and operation of photo speed violation monitoring systems, in accordance
    22  with article thirty of this chapter; to comply with gross vehicle weight
    23  and/or axle weight restrictions in violation of  section  three  hundred
    24  eighty-five  of  this  chapter  and  the rules of the applicable covered
    25  agency or covered authority as such terms are defined in article ten  of
    26  this  chapter  through the installation and operation of weigh in motion
    27  violation monitoring systems, in accordance with  article  ten  of  this
    28  chapter;  [or]  to comply with bus operation-related traffic regulations
    29  as defined by article twenty-four of this chapter in  violation  of  the
    30  rules  of  the  department  of  transportation  of  the city of New York
    31  through the installation and operation of  bus  operation-related  photo
    32  devices,  in  accordance with article twenty-four of this chapter; or to
    33  comply with street cleaning parking rules as defined by article  twenty-
    34  four  of  this  chapter through the installation and operation of street
    35  cleaning vehicle photo devices, in accordance with  article  twenty-four
    36  of this chapter; or making an appearance within thirty days of the send-
    37  ing  of such notice. Pleas entered and allegations contested within that
    38  period shall be in the manner prescribed in the notice and  not  subject
    39  to  additional penalty or fee. Such notice of impending default judgment
    40  shall not be required prior to the rendering and entry  thereof  in  the
    41  case  of  operators  or owners who are non-residents of the state of New
    42  York. In no  case  shall  a  default  judgment  be  rendered  or,  where
    43  required,  a notice of impending default judgment be sent, more than two
    44  years after the expiration of the time prescribed for entering a plea or
    45  contesting an allegation. When a person has demanded a hearing, no  fine
    46  or  penalty shall be imposed for any reason, prior to the holding of the
    47  hearing. If the hearing examiner  shall  make  a  determination  on  the
    48  charges,  sustaining them, such hearing examiner shall impose no greater
    49  penalty or fine than those upon which the person was originally charged.
    50    § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    51  of the vehicle and traffic law, as amended by section 7  of  part  N  of
    52  chapter 58 of the laws of 2025, is amended to read as follows:
    53    (i) If at the time of application for a registration or renewal there-
    54  of  there  is  a  certification from a court, parking violations bureau,
    55  traffic and parking violations  agency  or  administrative  tribunal  of
    56  appropriate  jurisdiction  that  the  registrant or their representative

        S. 1891--A                         19
 
     1  failed to appear on the return date or any subsequent adjourned date  or
     2  failed  to  comply  with  the rules and regulations of an administrative
     3  tribunal following entry of a final decision in response to a  total  of
     4  three or more summonses or other process in the aggregate, issued within
     5  an  eighteen  month period, charging either that: (i) such motor vehicle
     6  was parked, stopped or standing, or that such motor vehicle was operated
     7  for hire by the registrant or their agent without being  licensed  as  a
     8  motor  vehicle for hire by the appropriate local authority, in violation
     9  of any of the provisions of this chapter or of any law, ordinance,  rule
    10  or  regulation  made  by  a  local authority; or (ii) the registrant was
    11  liable for a violation of subdivision  (d)  of  section  eleven  hundred
    12  eleven  of  this  chapter  imposed  pursuant to a local law or ordinance
    13  imposing monetary liability on the owner of a vehicle for failure of  an
    14  operator  thereof to comply with traffic-control indications through the
    15  installation and operation of traffic-control  signal  photo  violation-
    16  monitoring systems, in accordance with article twenty-four of this chap-
    17  ter;  or  (iii) the registrant was liable for a violation of subdivision
    18  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    19  ter imposed  pursuant  to  a  demonstration  program  imposing  monetary
    20  liability  on  the owner of a vehicle for failure of an operator thereof
    21  to comply with such posted maximum speed limits through the installation
    22  and operation of photo speed violation monitoring systems, in accordance
    23  with article thirty of this chapter; or (iv) the registrant  was  liable
    24  for  a  violation of bus lane restrictions as defined by article twenty-
    25  four of this chapter imposed pursuant to a  bus  rapid  transit  program
    26  imposing  monetary liability on the owner of a vehicle for failure of an
    27  operator thereof to comply with such bus lane restrictions  through  the
    28  installation and operation of bus lane photo devices, in accordance with
    29  article  twenty-four  of  this chapter; or (v) the registrant was liable
    30  for a violation of section eleven hundred seventy-four of  this  chapter
    31  when  meeting  a  school bus marked and equipped as provided in subdivi-
    32  sions twenty and twenty-one-c of section three hundred  seventy-five  of
    33  this chapter imposed pursuant to a local law or ordinance imposing mone-
    34  tary  liability  on  the  owner  of a vehicle for failure of an operator
    35  thereof to comply with school bus red visual signals through the instal-
    36  lation and operation of school bus photo violation  monitoring  systems,
    37  in  accordance  with  article  twenty-nine  of this chapter; or (vi) the
    38  registrant was liable for a violation of section three  hundred  eighty-
    39  five  of  this chapter and the rules of the applicable covered agency or
    40  covered authority as such terms are defined in article ten of this chap-
    41  ter in relation to gross vehicle weight and/or  axle  weight  violations
    42  imposed  pursuant  to  a  weigh in motion demonstration program imposing
    43  monetary liability on the owner of a vehicle for failure of an  operator
    44  thereof  to  comply  with  such  gross vehicle weight and/or axle weight
    45  restrictions through the installation and operation of weigh  in  motion
    46  violation  monitoring  systems,  in  accordance with article ten of this
    47  chapter; or (vii) the registrant was liable for a violation of  subdivi-
    48  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
    49  ter  imposed  pursuant  to  a  demonstration  program  imposing monetary
    50  liability on the owner of a vehicle for failure of an  operator  thereof
    51  to  comply  with  such  posted  maximum  speed  limits  within a highway
    52  construction or maintenance work area through the installation and oper-
    53  ation of photo speed violation monitoring systems,  in  accordance  with
    54  article  thirty  of this chapter[,]; or (viii) the registrant was liable
    55  for a violation of bus operation-related traffic regulations as  defined
    56  by  article  twenty-four  of  this  chapter imposed pursuant to a demon-

        S. 1891--A                         20
 
     1  stration program imposing monetary liability on the owner of  a  vehicle
     2  for failure of an operator thereof to comply with such bus operation-re-
     3  lated  traffic regulations through the installation and operation of bus
     4  operation-related  photo devices, in accordance with article twenty-four
     5  of this chapter[,]; or (ix) the registrant was liable for a violation of
     6  street cleaning parking rules as defined by article twenty-four of  this
     7  chapter imposed pursuant to a program imposing monetary liability on the
     8  owner  of  a  vehicle  for failure of an operator thereof to comply with
     9  such street cleaning parking rules through the installation  and  opera-
    10  tion  of street cleaning vehicle photo devices, in accordance with arti-
    11  cle twenty-four of this chapter, the commissioner or their  agent  shall
    12  deny  the  registration  or  renewal  application  until  the  applicant
    13  provides proof from the court, traffic and parking violations agency  or
    14  administrative  tribunal wherein the charges are pending that an appear-
    15  ance or answer has been made or in the case of an administrative  tribu-
    16  nal  that  such applicant has complied with the rules and regulations of
    17  said tribunal following entry of a final decision. Where an  application
    18  is  denied  pursuant  to  this  section,  the commissioner may, in their
    19  discretion, deny a registration or  renewal  application  to  any  other
    20  person  for  the  same  vehicle  and  may deny a registration or renewal
    21  application for any other motor vehicle registered in the  name  of  the
    22  applicant  where  the commissioner has determined that such registrant's
    23  intent has been to evade the purposes of this subdivision and where  the
    24  commissioner has reasonable grounds to believe that such registration or
    25  renewal  will have the effect of defeating the purposes of this subdivi-
    26  sion. Such denial shall only remain in effect as long as  the  summonses
    27  remain  unanswered,  or  in  the case of an administrative tribunal, the
    28  registrant fails to comply with  the  rules  and  regulations  following
    29  entry of a final decision.
    30    §  9.  Subdivision 1-a of section 1809 of the vehicle and traffic law,
    31  as amended by section 8 of part N of chapter 58 of the laws of 2025,  is
    32  amended to read as follows:
    33    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    34  section, the provisions of subdivision one of  this  section  shall  not
    35  apply  to  an adjudication of liability of owners: (a) for violations of
    36  subdivision (d) of section eleven hundred eleven of this chapter imposed
    37  pursuant to a local law or ordinance imposing monetary liability on  the
    38  owner  of  a  vehicle  for failure of an operator thereof to comply with
    39  traffic-control indications through the installation  and  operation  of
    40  traffic-control signal photo violation-monitoring systems, in accordance
    41  with  article  twenty-four  of  this  chapter;  or (b) for violations of
    42  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    43  of  this  chapter  imposed  pursuant to a demonstration program imposing
    44  monetary liability on the owner of a vehicle for failure of an  operator
    45  thereof  to  comply  with  such  posted maximum speed limits through the
    46  installation and operation of photo speed violation monitoring  systems,
    47  in accordance with article thirty of this chapter; or (c) for violations
    48  of bus lane restrictions as defined by article twenty-four of this chap-
    49  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    50  liability on the owner of a vehicle for failure of an  operator  thereof
    51  to  comply  with such bus lane restrictions through the installation and
    52  operation of bus lane photo devices, in accordance with article  twenty-
    53  four  of  this  chapter;  or (d) for violations of toll collection regu-
    54  lations imposed by  certain  public  authorities  pursuant  to  the  law
    55  authorizing  such public authorities to impose monetary liability on the
    56  owner of a vehicle for failure of an operator  thereof  to  comply  with

        S. 1891--A                         21
 
     1  toll  collection  regulations  of  such  public  authorities through the
     2  installation and operation of photo-monitoring  systems,  in  accordance
     3  with  the provisions of section two thousand nine hundred eighty-five of
     4  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     5  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     6  hundred  fifty; or (e) for violations of section eleven hundred seventy-
     7  four of this chapter when meeting a school bus marked  and  equipped  as
     8  provided  in  subdivisions  twenty  and  twenty-one-c  of  section three
     9  hundred seventy-five of this chapter imposed pursuant to a local law  or
    10  ordinance  imposing  monetary  liability  on  the owner of a vehicle for
    11  failure of an operator thereof to comply  with  school  bus  red  visual
    12  signals  through  the  installation  and  operation  of school bus photo
    13  violation monitoring systems, in accordance with article twenty-nine  of
    14  this chapter; or (f) for violations of section three hundred eighty-five
    15  of  this  chapter  and  the  rules  of  the applicable covered agency or
    16  covered authority as such terms are defined in article ten of this chap-
    17  ter in relation to gross vehicle weight and/or  axle  weight  violations
    18  imposed  pursuant  to  a  weigh in motion demonstration program imposing
    19  monetary liability on the owner of a vehicle for failure of an  operator
    20  thereof  to  comply  with  such  gross vehicle weight and/or axle weight
    21  restrictions through the installation and operation of weigh  in  motion
    22  violation  monitoring  systems,  in  accordance with article ten of this
    23  chapter; or (g) for violations of subdivision (b), (d), (f)  or  (g)  of
    24  section  eleven  hundred  eighty  of  this chapter imposed pursuant to a
    25  demonstration program imposing monetary liability  on  the  owner  of  a
    26  vehicle  for  failure  of an operator thereof to comply with such posted
    27  maximum speed limits within a highway construction or  maintenance  work
    28  area  through  the  installation  and operation of photo speed violation
    29  monitoring systems, in accordance with article thirty of  this  chapter;
    30  or  (h)  for  violations of bus operation-related traffic regulations as
    31  defined by article twenty-four of this chapter  imposed  pursuant  to  a
    32  demonstration  program  imposing  monetary  liability  on the owner of a
    33  vehicle for failure of an operator thereof to comply with such bus oper-
    34  ation-related traffic regulations through the installation and operation
    35  of bus operation-related photo devices, in accordance with article twen-
    36  ty-four of this chapter; or (i) for violations of street cleaning  park-
    37  ing  rules  as  defined  by  article twenty-four of this chapter imposed
    38  pursuant to a program imposing monetary liability  on  the  owner  of  a
    39  vehicle  for  failure  of an operator thereof to comply with such street
    40  cleaning parking rules through the installation and operation of  street
    41  cleaning  vehicle  photo devices, in accordance with article twenty-four
    42  of this chapter.
    43    § 10. Subdivision 1 of section 1809-a of the vehicle and traffic  law,
    44  as  amended  by section 10 of part MM of chapter 56 of the laws of 2023,
    45  is amended to read as follows:
    46    1. The provisions of any other general or special law notwithstanding,
    47  whenever, in a city having a population of one hundred thousand or  more
    48  according   to   the  nineteen  hundred  eighty  United  States  census,
    49  proceedings in an administrative tribunal or a court result in a finding
    50  of liability, or conviction for the violation of any statute, local law,
    51  ordinance or rule involving the parking, stopping or standing of a motor
    52  vehicle, except (a) an adjudication of  liability  of  an  owner  for  a
    53  violation  of  bus  operation-related  traffic regulations as defined by
    54  article twenty-four of this chapter imposed pursuant to a  demonstration
    55  program  imposing monetary liability on the owner of a vehicle for fail-
    56  ure of an operator thereof to comply  with  such  bus  operation-related

        S. 1891--A                         22
 
     1  traffic regulations through the installation and operation of bus opera-
     2  tion-related  photo  devices,  in accordance with article twenty-four of
     3  this chapter, or (b) an adjudication of liability  of  an  owner  for  a
     4  violation  of  street cleaning parking rules as defined by article twen-
     5  ty-four of this chapter imposed  pursuant to a program imposing monetary
     6  liability on the owner of a vehicle for failure of an  operator  thereof
     7  to  comply with such street cleaning parking rules through the installa-
     8  tion and operation of street cleaning vehicle photo devices, in  accord-
     9  ance  with  article twenty-four of this chapter, there shall be levied a
    10  mandatory surcharge in addition to any other sentence, fine  or  penalty
    11  otherwise  permitted or required, in the amount of fifteen dollars. Such
    12  surcharge shall not be deemed a monetary penalty  for  the  purposes  of
    13  section  two  hundred  thirty-seven of this chapter or section 19-203 of
    14  the administrative code of the city of New York.
    15    § 11. Subdivision 1 of section 1809-aa of the vehicle and traffic law,
    16  as amended by section 11 of part MM of chapter 56 of the laws  of  2023,
    17  is amended to read as follows:
    18    1. Notwithstanding any other provision of law, whenever proceedings in
    19  an  administrative  tribunal  or  court  result  in  a  conviction for a
    20  violation of section  twelve  hundred,  twelve  hundred  one  or  twelve
    21  hundred  two of this chapter, except (a) an adjudication of liability of
    22  an owner for a violation of bus operation-related traffic regulations as
    23  defined by article twenty-four of this chapter  imposed  pursuant  to  a
    24  demonstration  program  imposing  monetary  liability  on the owner of a
    25  vehicle for failure of an operator thereof to comply with such bus oper-
    26  ation-related traffic regulations through the installation and operation
    27  of bus operation-related photo devices, in accordance with article twen-
    28  ty-four of this chapter, or (b)  an  adjudication  of  liability  of  an
    29  owner  for  a  violation of street cleaning parking rules as defined  by
    30  article twenty-four   of this chapter  imposed  pursuant  to  a  program
    31  imposing  monetary liability   on  the  owner  of  a vehicle for failure
    32  of an operator thereof to comply with such street cleaning parking rules
    33  through the installation and operation of street cleaning vehicle  photo
    34  devices,  in  accordance with article twenty-four of this chapter, there
    35  shall be levied a mandatory surcharge in addition to any other sentence,
    36  fine or penalty otherwise permitted or required, in the amount of  twen-
    37  ty-five dollars.
    38    §  12.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    39  and traffic law, as amended by section 9 of part N of chapter 58 of  the
    40  laws of 2025, is amended to read as follows:
    41    a. Notwithstanding any other provision of law, whenever proceedings in
    42  a  court  or  an  administrative  tribunal  of  this  state  result in a
    43  conviction for an offense under this chapter, except a conviction pursu-
    44  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    45  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    46  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    47  infraction involving standing, stopping, or  parking  or  violations  by
    48  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
    49  owner for a violation of subdivision (d) of section eleven hundred elev-
    50  en of this chapter imposed pursuant to a local law or ordinance imposing
    51  monetary liability on the owner of a vehicle for failure of an  operator
    52  thereof to comply with traffic-control indications through the installa-
    53  tion  and operation of traffic-control signal photo violation-monitoring
    54  systems, in accordance with article twenty-four  of  this  chapter;  and
    55  (iii) an adjudication of liability of an owner for a violation of subdi-
    56  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of

        S. 1891--A                         23
 
     1  this chapter imposed pursuant to a demonstration program imposing  mone-
     2  tary  liability  on  the  owner  of a vehicle for failure of an operator
     3  thereof to comply with such posted  maximum  speed  limits  through  the
     4  installation  and operation of photo speed violation monitoring systems,
     5  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
     6  cation of liability of an owner for a violation of bus lane restrictions
     7  as  defined by article twenty-four of this chapter imposed pursuant to a
     8  bus rapid transit program imposing monetary liability on the owner of  a
     9  vehicle  for failure of an operator thereof to comply with such bus lane
    10  restrictions through the installation and operation of  bus  lane  photo
    11  devices, in accordance with article twenty-four of this chapter; and (v)
    12  an  adjudication  of  liability  of  an  owner  for  a violation of toll
    13  collection regulations imposed by certain public authorities pursuant to
    14  the law authorizing such public authorities to impose monetary liability
    15  on the owner of a vehicle for failure of an operator thereof  to  comply
    16  with  toll collection regulations of such public authorities through the
    17  installation and operation of photo-monitoring  systems,  in  accordance
    18  with section two thousand nine hundred eighty-five of the public author-
    19  ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    20  seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
    21  (vi) an adjudication of liability of an owner for a violation of section
    22  eleven  hundred  seventy-four  of this chapter when meeting a school bus
    23  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    24  of  section  three hundred seventy-five of this chapter imposed pursuant
    25  to a local law or ordinance imposing monetary liability on the owner  of
    26  a  vehicle  for failure of an operator thereof to comply with school bus
    27  red visual signals through the installation and operation of school  bus
    28  photo  violation  monitoring systems, in accordance with article twenty-
    29  nine of this chapter; and (vii) an adjudication of liability of an owner
    30  for a violation of section three hundred eighty-five of this chapter and
    31  the rules of the applicable covered agency or covered authority as  such
    32  terms  are  defined  in article ten of this chapter in relation to gross
    33  vehicle weight and/or axle weight violations imposed pursuant to a weigh
    34  in motion demonstration program imposing monetary liability on the owner
    35  of a vehicle for failure of an operator  thereof  to  comply  with  such
    36  gross vehicle weight and/or axle weight restrictions through the instal-
    37  lation and operation of weigh in motion violation monitoring systems, in
    38  accordance  with article ten of this chapter; and (viii) an adjudication
    39  of liability of an owner for a violation of subdivision (b), (d), (f) or
    40  (g) of section eleven hundred eighty of this chapter imposed pursuant to
    41  a demonstration program imposing monetary liability on the  owner  of  a
    42  vehicle  for  failure  of an operator thereof to comply with such posted
    43  maximum speed limits within a highway construction or  maintenance  work
    44  area  through  the  installation  and operation of photo speed violation
    45  monitoring systems, in accordance with article thirty of  this  chapter;
    46  and (ix) an adjudication of liability of an owner for a violation of bus
    47  operation-related  traffic regulations as defined by article twenty-four
    48  of this chapter imposed pursuant to  a  demonstration  program  imposing
    49  monetary  liability on the owner of a vehicle for failure of an operator
    50  thereof to comply with such bus  operation-related  traffic  regulations
    51  through  the  installation  and operation of bus operation-related photo
    52  devices, in accordance with article twenty-four of this chapter; and (x)
    53  an adjudication of liability of an  owner  for  a  violation  of  street
    54  cleaning parking rules as defined by article twenty-four of this chapter
    55  imposed  pursuant  to a program imposing monetary liability on the owner
    56  of a vehicle for failure of an operator  thereof  to  comply  with  such

        S. 1891--A                         24
 
     1  street  cleaning parking rules through the installation and operation of
     2  street cleaning vehicle photo devices, in accordance with article  twen-
     3  ty-four  of  this  chapter,  there  shall  be  levied in addition to any
     4  sentence,  penalty  or  other surcharge required or permitted by law, an
     5  additional surcharge of twenty-eight dollars.
     6    § 13. Subdivision 2 of section  87  of  the  public  officers  law  is
     7  amended by adding a new paragraph (w) to read as follows:
     8    (w)  are  photographs,  microphotographs,  videotape or other recorded
     9  images prepared under authority of section eleven  hundred  eleven-j  of
    10  the vehicle and traffic law.
    11    §  14.  The purchase or lease of equipment for a demonstration program
    12  established pursuant to section 1111-j of the vehicle and  traffic  law,
    13  as  added by section one of this act, shall be subject to the provisions
    14  of section 103 of the general municipal law.
    15    § 15. This act shall take effect on  the  one  hundred  eightieth  day
    16  after  it shall have become a law; provided, however, that sections one,
    17  thirteen and fourteen of this act shall expire July 1, 2032,  when  upon
    18  such  date  the  provisions  of  such sections shall be deemed repealed;
    19  provided further, however, that:
    20    (a) the amendments to subdivision 1 of section 1809-a of  the  vehicle
    21  and  traffic  law  made  by section ten of this act shall not affect the
    22  repeal of such section and shall be deemed repealed therewith; and
    23    (b) effective immediately, the addition, amendment  and/or  repeal  of
    24  any  rule  or regulation necessary for the implementation of section one
    25  of this act on  its  effective  date  are  authorized  to  be  made  and
    26  completed on or before such effective date.
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