Amd §§1180-b, 235, 236, 239, 240, 241, 1809 & 1809-e, rpld §237 subs 12 & 13, V & T L; add §3-b, amd §15,
Chap 189 of 2013
Permits the use of photo speed violation monitoring systems in New York city for the purposes of enforcement of license plate obstruction, concealment, and/or distortion; extends provisions permitting the use of speed cameras in certain school zones.
STATE OF NEW YORK
________________________________________________________________________
7336
2025-2026 Regular Sessions
IN SENATE
April 10, 2025
___________
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the use of
photo speed violation monitoring systems for the purposes of enforce-
ment of license plate obstruction, concealment, and/or distortion
violations in the city of New York; to amend chapter 189 of the laws
of 2013, amending the vehicle and traffic law and the public officers
law relating to establishing in a city with a population of one
million or more a demonstration program implementing speed violation
monitoring systems in school speed zones by means of photo devices, in
relation to making technical corrections and extending such provisions
related thereto; and to repeal certain provisions of the vehicle and
traffic law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision (a) of section 1180-b of the
2 vehicle and traffic law, as added by chapter 189 of the laws of 2013, is
3 amended to read as follows:
4 3. Operators of mobile photo speed violation monitoring systems shall
5 have completed training in the procedures for setting up, testing, and
6 operating such systems. Each such operator shall complete and sign a
7 daily set-up log for each such system that [he or she operates] they
8 operate that (i) states the date and time when, and the location where,
9 the system was set up that day, and (ii) states that such operator
10 successfully performed, and the system passed, the self-tests of such
11 system before producing a recorded image that day. Stationary photo
12 speed violation monitoring systems shall complete a daily self-test for
13 each such system that is operated stating (i) the date and time when,
14 and the location where, the system was set up; and (ii) that the system
15 passed the self-test of such system before producing a recorded image
16 that day. The city shall retain each such daily log or daily self-test
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11567-02-5
S. 7336 2
1 until the later of the date on which the photo speed violation monitor-
2 ing system to which it applies has been permanently removed from use or
3 the final resolution of all cases involving notices of liability issued
4 based on photographs, microphotographs, video or other recorded images
5 produced by such system.
6 § 2. Paragraph 5 of subdivision (a) of section 1180-b of the vehicle
7 and traffic law, as added by chapter 189 of the laws of 2013, is amended
8 to read as follows:
9 5. (i) Such demonstration program shall utilize necessary technologies
10 to ensure, to the extent practicable, that photographs, microphoto-
11 graphs, videotape, or other recorded images produced by such photo speed
12 violation monitoring systems shall not include images that identify the
13 driver, the passengers, or the contents of the vehicle. Provided,
14 however, that no notice of liability issued pursuant to this section
15 shall be dismissed solely because such a photograph, microphotograph,
16 videotape or other recorded image allows for the identification of the
17 driver, the passengers, or the contents of vehicles where the city shows
18 that it made reasonable efforts to comply with the provisions of this
19 paragraph in such case.
20 (ii) Photographs, microphotographs, videotape or any other recorded
21 image from a photo speed violation monitoring system shall be for the
22 exclusive use of the city for the purpose of the adjudication of liabil-
23 ity imposed pursuant to this section, except as needed by any state and
24 local governmental entities for the purposes of enforcement of license
25 plate obstruction, concealment, and/or distortion violations and for the
26 purpose of the owner receiving a notice of liability pursuant to this
27 section, and shall be destroyed by the city upon the final resolution of
28 the notice of liability to which such photographs, microphotographs,
29 videotape or other recorded images relate, or one year following the
30 date of issuance of such notice of liability, whichever is later.
31 Notwithstanding the provisions of any other law, rule or regulation to
32 the contrary, photographs, microphotographs, videotape or any other
33 recorded image from a photo speed violation monitoring system shall not
34 be open to the public, nor subject to civil or criminal process or
35 discovery, nor used by any court or administrative or adjudicatory body
36 in any action or proceeding therein except that which is necessary for
37 the adjudication of a notice of liability issued pursuant to this
38 section, and no public entity or employee, officer or agent thereof
39 shall disclose such information, except that such photographs, micropho-
40 tographs, videotape or any other recorded images from such systems:
41 (A) shall be available for inspection and copying and use by the motor
42 vehicle owner and operator for so long as such photographs, microphoto-
43 graphs, videotape or other recorded images are required to be maintained
44 or are maintained by such public entity, employee, officer or agent; and
45 (B) (1) shall be furnished when described in a search warrant issued
46 by a court authorized to issue such a search warrant pursuant to article
47 six hundred ninety of the criminal procedure law or a federal court
48 authorized to issue such a search warrant under federal law, where such
49 search warrant states that there is reasonable cause to believe such
50 information constitutes evidence of, or tends to demonstrate that, a
51 misdemeanor or felony offense was committed in this state or another
52 state, or that a particular person participated in the commission of a
53 misdemeanor or felony offense in this state or another state, provided,
54 however, that if such offense was against the laws of another state, the
55 court shall only issue a warrant if the conduct comprising such offense
S. 7336 3
1 would, if occurring in this state, constitute a misdemeanor or felony
2 against the laws of this state; and
3 (2) shall be furnished in response to a subpoena duces tecum signed by
4 a judge of competent jurisdiction and issued pursuant to article six
5 hundred ten of the criminal procedure law or a judge or magistrate of a
6 federal court authorized to issue such a subpoena duces tecum under
7 federal law, where the judge finds and the subpoena states that there is
8 reasonable cause to believe such information is relevant and material to
9 the prosecution, or the defense, or the investigation by an authorized
10 law enforcement official, of the alleged commission of a misdemeanor or
11 felony in this state or another state, provided, however, that if such
12 offense was against the laws of another state, such judge or magistrate
13 shall only issue such subpoena if the conduct comprising such offense
14 would, if occurring in this state, constitute a misdemeanor or felony in
15 this state; and
16 (3) may, if lawfully obtained pursuant to this clause and clause (A)
17 of this subparagraph and otherwise admissible, be used in such criminal
18 action or proceeding.
19 (iii) Notwithstanding any provision of this paragraph to the contrary,
20 where a notice of liability for a violation of this section is being
21 sent to a vehicle owner pursuant to subdivision (h) of this section, and
22 such photograph, microphotograph, videotape or other recorded image from
23 a photo speed violation monitoring system reveals evidence of a
24 violation of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of
25 subdivision one of section four hundred two of this chapter, the city
26 shall further issue a notice of liability for such violation as
27 prescribed herein.
28 § 3. Subdivisions (f), (g), (h), (i), (j), (k), (l), (m), (n), and (o)
29 of section 1180-b of the vehicle and traffic law, subdivisions (f), (g),
30 (h), (i), (j), (k), (l), (m) and (o) as added by chapter 189 of the laws
31 of 2013, and subdivision (n) as amended by chapter 30 of the laws of
32 2019, are amended to read as follows:
33 (f) An owner liable for a violation of subparagraph (ii), (ii-a), or
34 (iii) of paragraph (b) of subdivision one of section four hundred two of
35 this chapter shall be liable for a fine of two hundred fifty dollars.
36 (g) An imposition of liability under the demonstration program estab-
37 lished pursuant to this section shall not be deemed a conviction as an
38 operator and shall not be made part of the operating record of the
39 person upon whom such liability is imposed nor shall it be used for
40 insurance purposes in the provision of motor vehicle insurance coverage.
41 [(g)] (h) 1. A notice of liability shall be sent by first class mail
42 to each person alleged to be liable as an owner for a violation of
43 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
44 of this article or for a violation of subparagraph (ii), (ii-a), or
45 (iii) of paragraph (b) of subdivision one of section four hundred two of
46 this chapter pursuant to this section, within fourteen business days if
47 such owner is a resident of this state and within forty-five business
48 days if such owner is a non-resident, unless the vehicle's license plate
49 is obstructed, concealed, and/or distorted in which case such notices of
50 liability shall be sent within forty-five business days. Personal deliv-
51 ery on the owner shall not be required. A manual or automatic record of
52 mailing prepared in the ordinary course of business shall be prima facie
53 evidence of the facts contained therein.
54 2. A notice of liability shall contain the name and address of the
55 person alleged to be liable as an owner for a violation of subdivision
56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
S. 7336 4
1 cle or for a violation of subparagraph (ii), (ii-a), or (iii) of para-
2 graph (b) of subdivision one of section four hundred two of this chapter
3 pursuant to this section, the registration number of the vehicle
4 involved in such violation, the location where such violation took
5 place, the date and time of such violation, the identification number of
6 the camera which recorded the violation or other document locator
7 number, at least two date and time stamped images of the rear of the
8 motor vehicle that include the same stationary object near the motor
9 vehicle, and the certificate charging the liability.
10 3. The notice of liability shall contain information advising the
11 person charged of the manner and the time in which [he or she] they may
12 contest the liability alleged in the notice. Such notice of liability
13 shall also contain a prominent warning to advise the person charged that
14 failure to contest in the manner and time provided shall be deemed an
15 admission of liability and that a default judgment may be entered there-
16 on.
17 4. The notice of liability shall be prepared and mailed by the city of
18 New York, or by any other entity authorized by the city to prepare and
19 mail such notice of liability.
20 [(h)] (i) Adjudication of the liability imposed upon owners of this
21 section shall be by the New York city parking violations bureau.
22 [(i)] (j) If an owner receives a notice of liability pursuant to this
23 section for any time period during which the vehicle or the number plate
24 or plates of such vehicle was reported to the police department as
25 having been stolen, it shall be a valid defense to an allegation of
26 liability for a violation of subdivision (b), (c), (d), (f) or (g) of
27 section eleven hundred eighty of this article pursuant to this section
28 that the vehicle or the number plate or plates of such vehicle had been
29 reported to the police as stolen prior to the time the violation
30 occurred and had not been recovered by such time. For purposes of
31 asserting the defense provided by this subdivision, it shall be suffi-
32 cient that a certified copy of the police report on the stolen vehicle
33 or number plate or plates of such vehicle be sent by first class mail to
34 the New York city parking violations bureau, or by any other entity
35 authorized by the city to prepare and mail such notice of liability.
36 [(j) Adjudication of the liability imposed upon owners of this section
37 shall be by the New York city parking violations bureau.]
38 (k) 1. An owner who is a lessor of a vehicle to which a notice of
39 liability was issued pursuant to subdivision [(g)] (h) of this section
40 shall not be liable for the violation of subdivision (b), (c), (d), (f)
41 or (g) of section eleven hundred eighty of this article pursuant to this
42 section, 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 a liability, together with the other information
48 contained in the original notice of liability, the lessor submits to
49 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 [(a)] one of
55 this subdivision shall render the owner liable for the penalty
56 prescribed in this section.
S. 7336 5
1 3. Where the lessor complies with the provisions of paragraph [(a)]
2 one of 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 [nine] (h) of this section.
7 (l) 1. If the owner liable for a violation of subdivision (c) or (d)
8 of section eleven hundred eighty of this article pursuant to this
9 section was not the operator of the vehicle at the time of the
10 violation, the owner may maintain an action for indemnification against
11 the operator.
12 2. Notwithstanding any other provision of this section, no owner of a
13 vehicle shall be subject to a monetary fine imposed pursuant to this
14 section if the operator of such vehicle was operating such vehicle with-
15 out the consent of the owner at the time such operator operated such
16 vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
17 eleven hundred eighty of this article. For purposes of this subdivision
18 there shall be a presumption that the operator of such vehicle was oper-
19 ating such vehicle with the consent of the owner at the time of such
20 operator operated such vehicle in violation of subdivision (b), (c),
21 (d), (f) or (g) of section eleven hundred eighty of this article.
22 (m) Nothing in this section shall be construed to limit the liability
23 of an operator of a vehicle for any violation of subdivision (c) or (d)
24 of section eleven hundred eighty of this article.
25 (n) If the city adopts a demonstration program pursuant to subdivision
26 (a) of this section it shall conduct a study and submit an annual report
27 on the results of the use of photo devices to the governor, the tempo-
28 rary president of the senate, and the speaker of the assembly on or
29 before June first, two thousand twenty and on the same date in each
30 succeeding year in which the demonstration program is operable. Such
31 report shall include:
32 1. the locations where and dates when photo speed violation monitoring
33 systems were used;
34 2. the aggregate number, type, and severity of crashes, fatalities,
35 injuries, and property damage reported within all school speed zones
36 within the city, to the extent the information is maintained by the
37 department of motor vehicles of this state;
38 3. the aggregate number, type, and severity of crashes, fatalities,
39 injuries, and property damage reported within school speed zones where
40 photo speed violation monitoring systems were used, to the extent the
41 information is maintained by the department of motor vehicles of this
42 state;
43 4. the number of violations recorded within all school speed zones
44 where a photo speed violation monitoring system is used within the city,
45 in the aggregate on a daily, weekly, and monthly basis;
46 5. the number of violations recorded within each school speed zone
47 where a photo speed violation monitoring system is used, in the aggre-
48 gate on a daily, weekly, and monthly basis;
49 6. the number of violations recorded within all school speed zones
50 where a photo speed violation monitoring system is used within the city
51 that were:
52 (i) more than ten but not more than twenty miles per hour over the
53 posted speed limit;
54 (ii) more than twenty but not more than thirty miles per hour over the
55 posted speed limit;
S. 7336 6
1 (iii) more than thirty but not more than forty miles per hour over the
2 posted speed limit; and
3 (iv) more than forty miles per hour over the posted speed limit;
4 7. the number of violations recorded within each school speed zone
5 where a photo speed violation monitoring system is used that were:
6 (i) more than ten but not more than twenty miles per hour over the
7 posted speed limit;
8 (ii) more than twenty but not more than thirty miles per hour over the
9 posted speed limit;
10 (iii) more than thirty but not more than forty miles per hour over the
11 posted speed limit; and
12 (iv) more than forty miles per hour over the posted speed limit;
13 8. the number of violations reported in paragraphs two through seven
14 of this subdivision that also involved a violation of subparagraph (ii),
15 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
16 hundred two of this chapter.
17 9. the total number of notices of liability issued for violations
18 recorded by such systems;
19 [9.] 10. the total number of instances when a photo speed violation
20 monitoring system recorded a violation within a school speed zone but
21 was unable to issue a notice of liability due to license plate
22 obstruction, concealment, and/or distortion;
23 11. the number of fines and total amount of fines paid after the first
24 notice of liability issued for violations recorded by such systems;
25 [10.] 12. the number of violations adjudicated and the results of such
26 adjudications including breakdowns of dispositions made for violations
27 recorded by such systems;
28 [11.] 13. the total amount of revenue realized by the city in
29 connection with the program;
30 [12.] 14. the expenses incurred by the city in connection with the
31 program;
32 [13.] 15. the quality of the adjudication process and its results; and
33 [14.] 16. the total amount of revenue expended on traffic and pedes-
34 trian safety within the city of New York[; and
35 15. the effectiveness and adequacy of the hours of operation for such
36 program to determine the impact on speeding violations and prevention of
37 crashes].
38 (o) It shall be a defense to any prosecution for a violation of subdi-
39 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
40 this article or for a violation of subparagraph (ii), (ii-a), or (iii)
41 of paragraph (b) of subdivision one of section four hundred two of this
42 chapter pursuant to this section that such photo speed violation moni-
43 toring system was malfunctioning at the time of the alleged violation.
44 § 4. Subdivision 1 of section 235 of the vehicle and traffic law, as
45 amended by section 2 of part MM of chapter 56 of the laws of 2023, is
46 amended to read as follows:
47 1. Notwithstanding any inconsistent provision of any general, special
48 or local law or administrative code to the contrary, in any city which
49 heretofore or hereafter is authorized to establish an administrative
50 tribunal: (a) to hear and determine complaints of traffic infractions
51 constituting parking, standing or stopping violations, or (b) to adjudi-
52 cate the liability of owners for violations of subdivision (d) of
53 section eleven hundred eleven of this chapter imposed pursuant to a
54 local law or ordinance imposing monetary liability on the owner of a
55 vehicle for failure of an operator thereof to comply with traffic-con-
56 trol indications through the installation and operation of traffic-con-
S. 7336 7
1 trol signal photo violation-monitoring systems, in accordance with arti-
2 cle twenty-four of this chapter, or (c) to adjudicate the liability of
3 owners for violations of subdivision (b), (c), (d), (f) or (g) of
4 section eleven hundred eighty of this chapter or for violations of
5 subparagraph (ii), (ii-a), or (iii) of paragraph (b) of subdivision one
6 of section four hundred two of this chapter imposed pursuant to a demon-
7 stration program imposing monetary liability on the owner of a vehicle
8 for failure of an operator thereof to comply with such posted maximum
9 speed limits through the installation and operation of photo speed
10 violation monitoring systems, in accordance with article thirty of this
11 chapter, or (d) to adjudicate the liability of owners for violations of
12 bus lane restrictions as defined by article twenty-four of this chapter
13 imposed pursuant to a bus rapid transit program imposing monetary
14 liability on the owner of a vehicle for failure of an operator thereof
15 to comply with such bus lane restrictions through the installation and
16 operation of bus lane photo devices, in accordance with article twenty-
17 four of this chapter, or (e) to adjudicate the liability of owners for
18 violations of toll collection regulations imposed by certain public
19 authorities pursuant to the law authorizing such public authorities to
20 impose monetary liability on the owner of a vehicle for failure of an
21 operator thereof to comply with toll collection regulations of such
22 public authorities through the installation and operation of photo-moni-
23 toring systems, in accordance with the provisions of section two thou-
24 sand nine 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, or (f) to adjudicate the liabil-
27 ity of owners for violations of section eleven hundred seventy-four of
28 this chapter when meeting a school bus marked and equipped as provided
29 in subdivisions twenty and twenty-one-c of section three hundred seven-
30 ty-five of this chapter imposed pursuant to a local law or ordinance
31 imposing monetary liability on the owner of a vehicle for failure of an
32 operator thereof to comply with school bus red visual signals through
33 the installation and operation of school bus photo violation monitoring
34 systems, in accordance with article twenty-nine of this chapter, or (g)
35 to adjudicate the liability of owners for violations of section three
36 hundred eighty-five of this chapter and the rules of the department of
37 transportation of the city of New York in relation to gross vehicle
38 weight and/or axle weight violations imposed pursuant to a weigh in
39 motion demonstration program imposing monetary liability on the owner of
40 a vehicle for failure of an operator thereof to comply with such gross
41 vehicle weight and/or axle weight restrictions through the installation
42 and operation of weigh in motion violation monitoring systems, in
43 accordance with article ten of this chapter, or (h) to adjudicate the
44 liability of owners for violations of subdivision (b), (d), (f) or (g)
45 of section eleven hundred eighty of this chapter imposed pursuant to a
46 demonstration program imposing monetary liability on the owner of a
47 vehicle for failure of an operator thereof to comply with such posted
48 maximum speed limits within a highway construction or maintenance work
49 area through the installation and operation of photo speed violation
50 monitoring systems, in accordance with article thirty of this chapter,
51 or (i) to adjudicate the liability of owners for violations of bus oper-
52 ation-related traffic regulations as defined by article twenty-four of
53 this chapter imposed pursuant to a demonstration program imposing mone-
54 tary liability on the owner of a vehicle for failure of an operator
55 thereof to comply with such bus operation-related traffic regulations
56 through the installation and operation of bus operation-related photo
S. 7336 8
1 devices, in accordance with article twenty-four of this chapter, such
2 tribunal and the rules and regulations pertaining thereto shall be
3 constituted in substantial conformance with the following sections.
4 § 5. Subdivision 1 of section 236 of the vehicle and traffic law, as
5 amended by section 3 of part MM of chapter 56 of the laws of 2023, is
6 amended to read as follows:
7 1. Creation. In any city as hereinbefore or hereafter authorized such
8 tribunal when created shall be known as the parking violations bureau
9 and shall have jurisdiction of traffic infractions which constitute a
10 parking violation and, where authorized: (a) to adjudicate the liability
11 of owners for violations 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 (b) to adjudicate the liability of owners for violations of
18 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
19 or for violations of subparagraph (ii), (ii-a), or (iii) of paragraph
20 (b) of subdivision one of section four hundred two of this chapter
21 imposed pursuant to a demonstration program imposing monetary liability
22 on the owner of a vehicle for failure of an operator thereof to comply
23 with such posted maximum speed limits through the installation and oper-
24 ation of photo speed violation monitoring systems, in accordance with
25 article thirty of this chapter, or (c) to adjudicate the liability of
26 owners for violations of bus lane restrictions as defined by article
27 twenty-four of this chapter imposed pursuant to a bus rapid transit
28 program imposing monetary liability on the owner of a vehicle for fail-
29 ure of an operator thereof to comply with such bus lane restrictions
30 through the installation and operation of bus lane photo devices, in
31 accordance with article twenty-four of this chapter, or (d) to adjudi-
32 cate the liability of owners for violations of toll collection regu-
33 lations imposed by certain public authorities pursuant to the law
34 authorizing such public authorities to impose monetary liability on the
35 owner of a vehicle for failure of an operator thereof to comply with
36 toll collection regulations of such public authorities through the
37 installation and operation of photo-monitoring systems, in accordance
38 with the provisions of section two thousand nine hundred eighty-five of
39 the public authorities law and sections sixteen-a, sixteen-b and
40 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
41 hundred fifty, or (e) to adjudicate the liability of owners for
42 violations of section eleven hundred seventy-four of this chapter when
43 meeting a school bus marked and equipped as provided in subdivisions
44 twenty and twenty-one-c of section three hundred seventy-five of this
45 chapter imposed pursuant to a local law or ordinance imposing monetary
46 liability on the owner of a vehicle for failure of an operator thereof
47 to comply with school bus red visual signals through the installation
48 and operation of school bus photo violation monitoring systems, in
49 accordance with article twenty-nine of this chapter, or (f) to adjudi-
50 cate the liability of owners for violations of section three hundred
51 eighty-five of this chapter and the rules of the department of transpor-
52 tation of the city of New York in relation to gross vehicle weight
53 and/or axle weight violations imposed pursuant to a weigh in motion
54 demonstration program imposing monetary liability on the owner of a
55 vehicle for failure of an operator thereof to comply with such gross
56 vehicle weight and/or axle weight restrictions through the installation
S. 7336 9
1 and operation of weigh in motion violation monitoring systems, in
2 accordance with article ten of this chapter, or (g) to adjudicate the
3 liability of owners for violations of subdivision (b), (d), (f) or (g)
4 of section eleven hundred eighty of this chapter imposed pursuant to a
5 demonstration program imposing monetary liability on the owner of a
6 vehicle for failure of an operator thereof to comply with such posted
7 maximum speed limits within a highway construction or maintenance work
8 area through the installation and operation of photo speed violation
9 monitoring systems, in accordance with article thirty of this chapter,
10 or (h) to adjudicate the liability of owners for violations of bus oper-
11 ation-related traffic regulations as defined by article twenty-four of
12 this chapter imposed pursuant to a demonstration program imposing mone-
13 tary liability on the owner of a vehicle for failure of an operator
14 thereof to comply with such bus operation-related traffic regulations
15 through the installation and operation of bus operation-related photo
16 devices, in accordance with article twenty-four of this chapter. Such
17 tribunal, except in a city with a population of one million or more,
18 shall also have jurisdiction of abandoned vehicle violations. For the
19 purposes of this article, a parking violation is the violation of any
20 law, rule or regulation providing for or regulating the parking, stop-
21 ping or standing of a vehicle. In addition for purposes of this article,
22 "commissioner" shall mean and include the commissioner of traffic of the
23 city or an official possessing authority as such a commissioner.
24 § 6. Paragraph f of subdivision 1 of section 239 of the vehicle and
25 traffic law, as amended by section 4 of part MM of chapter 56 of the
26 laws of 2023, is amended to read as follows:
27 f. "Notice of violation" means a notice of violation as defined in
28 subdivision nine of section two hundred thirty-seven of this article,
29 but shall not be deemed to include a notice of liability issued pursuant
30 to authorization set forth in articles ten, twenty-four, twenty-nine and
31 thirty of this chapter, section two thousand nine hundred eighty-five of
32 the public authorities law and sections sixteen-a, sixteen-b and
33 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
34 hundred fifty to impose monetary liability on the owner of a vehicle for
35 failure of an operator thereof: to comply with traffic-control indi-
36 cations in violation of subdivision (d) of section eleven hundred eleven
37 of this chapter through the installation and operation of traffic-con-
38 trol signal photo violation-monitoring systems, in accordance with arti-
39 cle twenty-four of this chapter; or to comply with certain posted maxi-
40 mum speed limits in violation of subdivision (b), (c), (d), (f) or (g)
41 of section eleven hundred eighty or for violating subparagraph (ii),
42 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
43 hundred two of this chapter through the installation and operation of
44 photo speed violation monitoring systems, in accordance with article
45 thirty of this chapter; or to comply with bus lane restrictions as
46 defined by article twenty-four of this chapter through the installation
47 and operation of bus lane photo devices, in accordance with article
48 twenty-four of this chapter; or to comply with toll collection regu-
49 lations of certain public authorities through the installation and oper-
50 ation of photo-monitoring systems, in accordance with the provisions of
51 section two thousand nine hundred eighty-five of the public authorities
52 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
53 hundred seventy-four of the laws of nineteen hundred fifty; or to stop
54 for a school bus displaying a red visual signal in violation of section
55 eleven hundred seventy-four of this chapter through the installation and
56 operation of school bus photo violation monitoring systems, in accord-
S. 7336 10
1 ance with article twenty-nine of this chapter; or to comply with certain
2 posted maximum speed limits in violation of subdivision (b), (d), (f) or
3 (g) of section eleven hundred eighty of this chapter within a highway
4 construction or maintenance work area through the installation and oper-
5 ation of photo speed violation monitoring systems, in accordance with
6 article thirty of this chapter; or to comply with gross vehicle weight
7 and/or axle weight restrictions in violation of section three hundred
8 eighty-five of this chapter and the rules of the department of transpor-
9 tation of the city of New York through the installation and operation of
10 weigh in motion violation monitoring systems, in accordance with article
11 ten of this chapter; or to comply with bus operation-related traffic
12 regulations as defined by article twenty-four of this chapter in
13 violation of the rules of the department of transportation of the city
14 of New York through the installation and operation of bus operation-re-
15 lated photo devices, in accordance with article twenty-four of this
16 chapter.
17 § 7. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
18 law, as amended by section 5 of part MM of chapter 56 of the laws of
19 2023, are amended to read as follows:
20 1. Notice of hearing. Whenever a person charged with a parking
21 violation enters a plea of not guilty; or a person alleged to be liable
22 in accordance with any provisions of law specifically authorizing the
23 imposition of monetary liability on the owner of a vehicle for failure
24 of an operator thereof: to comply with traffic-control indications in
25 violation of subdivision (d) of section eleven hundred eleven of this
26 chapter through the installation and operation of traffic-control signal
27 photo violation-monitoring systems, in accordance with article twenty-
28 four of this chapter; or to comply with certain posted maximum speed
29 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
30 eleven hundred eighty or for violating subparagraph (ii), (ii-a), or
31 (iii) of paragraph (b) of subdivision one of section four hundred two of
32 this chapter through the installation and operation of photo speed
33 violation monitoring systems, in accordance with article thirty of this
34 chapter; or to comply with bus lane restrictions as defined by article
35 twenty-four of this chapter through the installation and operation of
36 bus lane photo devices, in accordance with article twenty-four of this
37 chapter; or to comply with toll collection regulations of certain public
38 authorities through the installation and operation of photo-monitoring
39 systems, in accordance with the provisions of section two thousand nine
40 hundred eighty-five of the public authorities law and sections
41 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
42 of the laws of nineteen hundred fifty; or to stop for a school bus
43 displaying a red visual signal in violation of section eleven hundred
44 seventy-four of this chapter through the installation and operation of
45 school bus photo violation monitoring systems, in accordance with arti-
46 cle twenty-nine of this chapter; or to comply with certain posted maxi-
47 mum speed limits in violation of subdivision (b), (d), (f) or (g) of
48 section eleven hundred eighty of this chapter within a highway
49 construction or maintenance work area through the installation and oper-
50 ation of photo speed violation monitoring systems, in accordance with
51 article thirty of this chapter; or to comply with gross vehicle weight
52 and/or axle weight restrictions in violation of section three hundred
53 eighty-five of this chapter and the rules of the department of transpor-
54 tation of the city of New York through the installation and operation of
55 weigh in motion violation monitoring systems, in accordance with article
56 ten of this chapter; or to comply with bus operation-related traffic
S. 7336 11
1 regulations as defined by article twenty-four of this chapter in
2 violation of the rules of the department of transportation of the city
3 of New York through the installation and operation of bus operation-re-
4 lated photo devices, in accordance with article twenty-four of this
5 chapter, contests such allegation, the bureau shall advise such person
6 personally by such form of first class mail as the director may direct
7 of the date on which [he or she] they must appear to answer the charge
8 at a hearing. The form and content of such notice of hearing shall be
9 prescribed by the director, and shall contain a warning to advise the
10 person so pleading or contesting that failure to appear on the date
11 designated, or on any subsequent adjourned date, shall be deemed an
12 admission of liability, and that a default judgment may be entered ther-
13 eon.
14 1-a. Fines and penalties. Whenever a plea of not guilty has been
15 entered, or the bureau has been notified that an allegation of liability
16 in accordance with provisions of law specifically authorizing the impo-
17 sition of monetary liability on the owner of a vehicle for failure of an
18 operator thereof: to comply with traffic-control indications in
19 violation of subdivision (d) of section eleven hundred eleven of this
20 chapter through the installation and operation of traffic-control signal
21 photo violation-monitoring systems, in accordance with article twenty-
22 four of this chapter; or to comply with certain posted maximum speed
23 limits in violation of subdivision (b), (c), (d), (f) or (g) of section
24 eleven hundred eighty or for violating subparagraph (ii), (ii-a), or
25 (iii) of paragraph (b) of subdivision one of section four hundred two of
26 this chapter through the installation and operation of photo speed
27 violation monitoring systems, in accordance with article thirty of this
28 chapter; or to comply with bus lane restrictions as defined by article
29 twenty-four of this chapter through the installation and operation of
30 bus lane photo devices, in accordance with article twenty-four of this
31 chapter; or to comply with toll collection regulations of certain public
32 authorities through the installation and operation of photo-monitoring
33 systems, in accordance with the provisions of section two thousand nine
34 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 to stop for a school bus
37 displaying a red visual signal in violation of section eleven hundred
38 seventy-four of this chapter through the installation and operation of
39 school bus photo violation monitoring systems, in accordance with arti-
40 cle twenty-nine of this chapter; or to comply with certain posted maxi-
41 mum speed limits in violation of subdivision (b), (d), (f) or (g) of
42 section eleven hundred eighty of this chapter within a highway
43 construction or maintenance work area through the installation and oper-
44 ation of photo speed violation monitoring systems, in accordance with
45 article thirty of this chapter; or to comply with gross vehicle weight
46 and/or axle weight restrictions in violation of section three hundred
47 eighty-five of this chapter and the rules of the department of transpor-
48 tation of the city of New York through the installation and operation of
49 weigh in motion violation monitoring systems, in accordance with article
50 ten of this chapter; or to comply with bus operation-related traffic
51 regulations as defined by article twenty-four of this chapter in
52 violation of the rules of the department of transportation of the city
53 of New York through the installation and operation of bus operation-re-
54 lated photo devices, in accordance with article twenty-four of this
55 chapter, is being contested, by a person in a timely fashion and a hear-
56 ing upon the merits has been demanded, but has not yet been held, the
S. 7336 12
1 bureau shall not issue any notice of fine or penalty to that person
2 prior to the date of the hearing.
3 § 8. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
4 and traffic law, as amended by section 6 of part MM of chapter 56 of the
5 laws of 2023, are amended to read as follows:
6 a. Every hearing for the adjudication of a charge of parking violation
7 or an allegation of liability of an owner for a violation of subdivision
8 (d) of section eleven hundred eleven of this chapter imposed pursuant to
9 a local law or ordinance imposing monetary liability on the owner of a
10 vehicle for failure of an operator thereof to comply with traffic-con-
11 trol indications through the installation and operation of traffic-con-
12 trol signal photo violation-monitoring systems, in accordance with arti-
13 cle twenty-four of this chapter, or an allegation of liability of an
14 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
15 section eleven hundred eighty or for a violation of subparagraph (ii),
16 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
17 hundred two of this chapter imposed pursuant to a demonstration program
18 imposing monetary liability on the owner of a vehicle for failure of an
19 operator thereof to comply with certain posted maximum speed limits
20 through the installation and operation of photo speed violation monitor-
21 ing systems, in accordance with article thirty of this chapter, or an
22 allegation of liability of an owner for a violation of bus lane
23 restrictions as defined by article twenty-four of this chapter imposed
24 pursuant to a bus rapid transit program imposing monetary liability on
25 the owner of a vehicle for failure of an operator thereof to comply with
26 such bus lane restrictions through the installation and operation of bus
27 lane photo devices, in accordance with article twenty-four of this chap-
28 ter, or an allegation of liability of an owner for a violation of toll
29 collection regulations imposed by certain public authorities pursuant to
30 the law authorizing such public authorities to impose monetary liability
31 on the owner of a vehicle for failure of an operator thereof to comply
32 with toll collection regulations of such public authorities through the
33 installation and operation of photo-monitoring systems, in accordance
34 with the provisions of section two thousand nine hundred eighty-five of
35 the public authorities law and sections sixteen-a, sixteen-b and
36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
37 hundred fifty, or an allegation of liability of an owner for a violation
38 of section eleven hundred seventy-four of this chapter when meeting a
39 school bus marked and equipped as provided in subdivisions twenty and
40 twenty-one-c of section three hundred seventy-five of this chapter
41 imposed pursuant to a local law or ordinance imposing monetary liability
42 on the owner of a vehicle for failure of an operator thereof to comply
43 with school bus red visual signals through the installation and opera-
44 tion of school bus photo violation monitoring systems, in accordance
45 with article twenty-nine of this chapter, or an allegation of liability
46 of an owner for a violation of subdivision (b), (d), (f) or (g) of
47 section eleven hundred eighty of this chapter imposed pursuant to a
48 demonstration program imposing monetary liability on the owner of a
49 vehicle for failure of an operator thereof to comply with certain posted
50 maximum speed limits within a highway construction or maintenance work
51 area through the installation and operation of photo speed violation
52 monitoring systems, in accordance with article thirty of this chapter,
53 or an allegation of liability of an owner for a violation of section
54 three hundred eighty-five of this chapter and the rules of the depart-
55 ment of transportation of the city of New York in relation to gross
56 vehicle weight and/or axle weight violations imposed pursuant to a weigh
S. 7336 13
1 in motion demonstration program imposing monetary liability on the owner
2 of a vehicle for failure of an operator thereof to comply with such
3 gross vehicle weight and/or axle weight restrictions through the instal-
4 lation 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, shall be held before a hearing examiner in
13 accordance with rules and regulations promulgated by the bureau.
14 g. A record shall be made of a hearing on a plea of not guilty or of a
15 hearing at which liability in accordance with any provisions of law
16 specifically authorizing the imposition of monetary liability on the
17 owner of a vehicle for failure of an operator thereof: to comply with
18 traffic-control indications in violation of subdivision (d) of section
19 eleven hundred eleven of this chapter through the installation and oper-
20 ation of traffic-control signal photo violation-monitoring systems, in
21 accordance with article twenty-four of this chapter; to comply with
22 certain posted maximum speed limits in violation of subdivision (b),
23 (c), (d), (f) or (g) of section eleven hundred eighty or for violating
24 subparagraph (ii), (ii-a), or (iii) of paragraph (b) of subdivision one
25 of section four hundred two of this chapter through the installation and
26 operation of photo speed violation monitoring systems, in accordance
27 with article thirty of this chapter; to comply with bus lane
28 restrictions as defined by article twenty-four of this chapter through
29 the installation and operation of bus lane photo devices, in accordance
30 with article twenty-four of this chapter; to comply with toll collection
31 regulations of certain public authorities through the installation and
32 operation of photo-monitoring systems, in accordance with the provisions
33 of section two thousand nine hundred eighty-five of the public authori-
34 ties law and sections sixteen-a, sixteen-b and sixteen-c of chapter
35 seven hundred seventy-four of the laws of nineteen hundred fifty; to
36 stop for a school bus displaying a red visual signal in violation of
37 section eleven hundred seventy-four of this chapter through the instal-
38 lation and operation of school bus photo violation monitoring systems,
39 in accordance with article twenty-nine of this chapter; to comply with
40 certain posted maximum speed limits in violation of subdivision (b),
41 (d), (f) or (g) of section eleven hundred eighty of this chapter within
42 a highway construction or maintenance work area through the installation
43 and operation of photo speed violation monitoring systems, in accordance
44 with article thirty of this chapter; to comply with gross vehicle weight
45 and/or axle weight restrictions in violation of section three hundred
46 eighty-five of this chapter and the rules of the department of transpor-
47 tation of the city of New York through the installation and operation of
48 weigh in motion violation monitoring systems, in accordance with article
49 ten of this chapter; or to comply with bus operation-related traffic
50 regulations as defined by article twenty-four of this chapter in
51 violation of the rules of the department of transportation of the city
52 of New York through the installation and operation of bus operation-re-
53 lated photo devices, in accordance with article twenty-four of this
54 chapter, is contested. Recording devices may be used for the making of
55 the record.
S. 7336 14
1 § 9. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
2 law, as amended by section 7 of part MM of chapter 56 of the laws of
3 2023, are amended to read as follows:
4 1. The hearing examiner shall make a determination on the charges,
5 either sustaining or dismissing them. Where the hearing examiner deter-
6 mines that the charges have been sustained [he or she] they may examine
7 either the prior parking violations record or the record of liabilities
8 incurred in accordance with any provisions of law specifically authoriz-
9 ing the imposition of monetary liability on the owner of a vehicle for
10 failure of an operator thereof: to comply with traffic-control indi-
11 cations in violation of subdivision (d) of section eleven hundred eleven
12 of this chapter 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; to comply with certain posted maximum
15 speed limits in violation of subdivision (b), (c), (d), (f) or (g) of
16 section eleven hundred eighty or for violating subparagraph (ii),
17 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
18 hundred two of this chapter through the installation and operation of
19 photo speed violation monitoring systems, in accordance with article
20 thirty of this chapter; to comply with bus lane restrictions as defined
21 by article twenty-four of this chapter through the installation and
22 operation of bus lane photo devices, in accordance with article twenty-
23 four of this chapter; to comply with toll collection regulations of
24 certain public authorities through the installation and operation of
25 photo-monitoring systems, in accordance with the provisions of section
26 two thousand nine hundred eighty-five of the public authorities law and
27 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
28 seventy-four of the laws of nineteen hundred fifty; to stop for a school
29 bus displaying a red visual signal in violation of section eleven
30 hundred seventy-four of this chapter through the installation and opera-
31 tion of school bus photo violation monitoring systems, in accordance
32 with article twenty-nine of this chapter; to comply with certain posted
33 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of
34 section eleven hundred eighty of this chapter within a highway
35 construction or maintenance work area through the installation and oper-
36 ation of photo speed violation monitoring systems, in accordance with
37 article thirty of this chapter; to comply with gross vehicle weight
38 and/or axle weight restrictions in violation of section three hundred
39 eighty-five of this chapter and the rules of the department of transpor-
40 tation of the city of New York through the installation and operation of
41 weigh in motion violation monitoring systems, in accordance with article
42 ten of this chapter; or to comply with bus operation-related traffic
43 regulations as defined by article twenty-four of this chapter in
44 violation of the rules of the department of transportation of the city
45 of New York through the installation and operation of bus operation-re-
46 lated photo devices, in accordance with article twenty-four of this
47 chapter, of the person charged, as applicable prior to rendering a final
48 determination. Final determinations sustaining or dismissing charges
49 shall be entered on a final determination roll maintained by the bureau
50 together with records showing payment and nonpayment of penalties.
51 2. Where an operator or owner fails to enter a plea to a charge of a
52 parking violation or contest an allegation of liability in accordance
53 with any provisions of law specifically authorizing the imposition of
54 monetary liability on the owner of a vehicle for failure of an operator
55 thereof: to comply with traffic-control indications in violation of
56 subdivision (d) of section eleven hundred eleven of this chapter through
S. 7336 15
1 the installation and operation of traffic-control signal photo viola-
2 tion-monitoring systems, in accordance with article twenty-four of this
3 chapter; to comply with certain posted maximum speed limits in violation
4 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
5 eighty or for violating subparagraph (ii), (ii-a), or (iii) of paragraph
6 (b) of subdivision one of section four hundred two of this chapter
7 through the installation and operation of photo speed violation monitor-
8 ing systems, in accordance with article thirty of this chapter; to
9 comply with bus lane restrictions as defined by article twenty-four of
10 this chapter through the installation and operation of bus lane photo
11 devices, in accordance with article twenty-four of this chapter; to
12 comply with toll collection regulations of certain public authorities
13 through the installation and operation of photo-monitoring systems, in
14 accordance with the provisions of section two thousand nine hundred
15 eighty-five of the public authorities law and sections sixteen-a,
16 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
17 laws of nineteen hundred fifty; to stop for a school bus displaying a
18 red visual signal in violation of section eleven hundred seventy-four of
19 this chapter through the installation and operation of school bus photo
20 violation monitoring systems, in accordance with article twenty-nine of
21 this chapter; to comply with certain posted maximum speed limits in
22 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
23 eighty of this chapter within a highway construction or maintenance work
24 area through the installation and operation of photo speed violation
25 monitoring systems, in accordance with article thirty of this chapter;
26 to 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 department of transportation of the city of New York
29 through the installation and operation of weigh in motion violation
30 monitoring systems, in accordance with article ten of this chapter; or
31 to comply with bus operation-related traffic regulations as defined by
32 article twenty-four of this chapter in violation of the rules of the
33 department of transportation of the city of New York through the instal-
34 lation and operation of bus operation-related photo devices, in accord-
35 ance with article twenty-four of this chapter, or fails to appear on a
36 designated hearing date or subsequent adjourned date or fails after a
37 hearing to comply with the determination of a hearing examiner, as
38 prescribed by this article or by rule or regulation of the bureau, such
39 failure to plead or contest, appear or comply shall be deemed, for all
40 purposes, an admission of liability and shall be grounds for rendering
41 and entering a default judgment in an amount provided by the rules and
42 regulations of the bureau. However, after the expiration of the original
43 date prescribed for entering a plea and before a default judgment may be
44 rendered, in such case the bureau shall pursuant to the applicable
45 provisions of law notify such operator or owner, by such form of first
46 class mail as the commission may direct; (1) of the violation charged,
47 or liability alleged in accordance with any provisions of law specif-
48 ically authorizing the imposition of monetary liability on the owner of
49 a vehicle for failure of an operator thereof: to comply with traffic-
50 control indications in violation of subdivision (d) of section eleven
51 hundred eleven of this chapter through the installation and operation of
52 traffic-control signal photo violation-monitoring systems, in accordance
53 with article twenty-four of this chapter; to comply with certain posted
54 maximum speed limits in violation of subdivision (b), (c), (d), (f) or
55 (g) of section eleven hundred eighty or for violating subparagraph (ii),
56 (ii-a), or (iii) of paragraph (b) of subdivision one of section four
S. 7336 16
1 hundred two of this chapter through the installation and operation of
2 photo speed violation monitoring systems, in accordance with article
3 thirty of this chapter; to comply with bus lane restrictions as defined
4 by article twenty-four of this chapter through the installation and
5 operation of bus lane photo devices, in accordance with article twenty-
6 four of this chapter; to comply with toll collection regulations of
7 certain public authorities through the installation and operation of
8 photo-monitoring systems, in accordance with the provisions of section
9 two thousand nine hundred eighty-five of the public authorities law and
10 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
11 seventy-four of the laws of nineteen hundred fifty; to stop for a school
12 bus displaying a red visual signal in violation of section eleven
13 hundred seventy-four of this chapter through the installation and opera-
14 tion of school bus photo violation monitoring systems, in accordance
15 with article twenty-nine of this chapter; to comply with certain posted
16 maximum speed limits in violation of subdivision (b), (d), (f) or (g) of
17 section eleven hundred eighty of this chapter within a highway
18 construction or maintenance work area through the installation and oper-
19 ation of photo speed violation monitoring systems, in accordance with
20 article thirty of this chapter; to comply with gross vehicle weight
21 and/or axle weight restrictions in violation of section three hundred
22 eighty-five of this chapter and the rules of the department of transpor-
23 tation of the city of New York through the installation and operation of
24 weigh in motion violation monitoring systems, in accordance with article
25 ten of this chapter; or to comply with bus operation-related traffic
26 regulations as defined by article twenty-four of this chapter in
27 violation of the rules of the department of transportation of the city
28 of New York through the installation and operation of bus operation-re-
29 lated photo devices, in accordance with article twenty-four of this
30 chapter, (2) of the impending default judgment, (3) that such judgment
31 will be entered in the Civil Court of the city in which the bureau has
32 been established, or other court of civil jurisdiction or any other
33 place provided for the entry of civil judgments within the state of New
34 York, and (4) that a default may be avoided by entering a plea or
35 contesting an allegation of liability in accordance with any provisions
36 of law specifically authorizing the imposition of monetary liability on
37 the owner of a vehicle for failure of an operator thereof: to comply
38 with traffic-control indications in violation of subdivision (d) of
39 section eleven hundred eleven of this chapter through the installation
40 and operation of traffic-control signal photo violation-monitoring
41 systems, in accordance with article twenty-four of this chapter; to
42 comply with certain posted maximum speed limits in violation of subdivi-
43 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty or for
44 violating subparagraphs (ii), (ii-a), or (iii) of paragraph (b) of
45 subdivision one of section four hundred two of this chapter through the
46 installation and operation of photo speed violation monitoring systems,
47 in accordance with article thirty of this chapter; to comply with bus
48 lane restrictions as defined by article twenty-four of this chapter
49 through the installation and operation of bus lane photo devices, in
50 accordance with article twenty-four of this chapter; to comply with toll
51 collection regulations of certain public authorities through the instal-
52 lation and operation of photo-monitoring systems, in accordance with the
53 provisions of section two thousand nine hundred eighty-five of the
54 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
55 of chapter seven hundred seventy-four of the laws of nineteen hundred
56 fifty; to stop for a school bus displaying a red visual signal in
S. 7336 17
1 violation of section eleven hundred seventy-four of this chapter through
2 the installation and operation of school bus photo violation monitoring
3 systems, in accordance with article twenty-nine of this chapter; to
4 comply with certain posted maximum speed limits in violation of subdivi-
5 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter within a highway construction or maintenance work area through the
7 installation and operation of photo speed violation monitoring systems,
8 in accordance with article thirty of this chapter; to comply with gross
9 vehicle weight and/or axle weight restrictions in violation of section
10 three hundred eighty-five of this chapter and the rules of the depart-
11 ment of transportation of the city of New York through the installation
12 and operation of weigh in motion violation monitoring systems, in
13 accordance with article ten of this chapter; or to comply with bus oper-
14 ation-related traffic regulations as defined by article twenty-four of
15 this chapter in violation of the rules of the department of transporta-
16 tion of the city of New York through the installation and operation of
17 bus operation-related photo devices, in accordance with article twenty-
18 four of this chapter; or making an appearance within thirty days of the
19 sending of such notice. Pleas entered and allegations contested within
20 that period shall be in the manner prescribed in the notice and not
21 subject to additional penalty or fee. Such notice of impending default
22 judgment shall not be required prior to the rendering and entry thereof
23 in the case of operators or owners who are non-residents of the state of
24 New York. In no case shall a default judgment be rendered or, where
25 required, a notice of impending default judgment be sent, more than two
26 years after the expiration of the time prescribed for entering a plea or
27 contesting an allegation. When a person has demanded a hearing, no fine
28 or penalty shall be imposed for any reason, prior to the holding of the
29 hearing. If the hearing examiner shall make a determination on the
30 charges, sustaining them, [he or she] they shall impose no greater
31 penalty or fine than those upon which the person was originally charged.
32 § 10. Subdivision 1-a of section 1809 of the vehicle and traffic law,
33 as amended by section 9 of part MM of chapter 56 of the laws of 2023, is
34 amended to read as follows:
35 1-a. Notwithstanding the provisions of subdivision one of this
36 section, the provisions of subdivision one of this section shall not
37 apply to an adjudication of liability of owners: (a) for violations of
38 subdivision (d) of section eleven hundred eleven of this chapter imposed
39 pursuant to a local law or ordinance imposing monetary liability on the
40 owner of a vehicle for failure of an operator thereof to comply with
41 traffic-control indications through the installation and operation of
42 traffic-control signal photo violation-monitoring systems, in accordance
43 with article twenty-four of this chapter; or (b) for violations of
44 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
45 or for violations of subparagraph (ii), (ii-a), or (iii) of paragraph
46 (b) of subdivision one of section four hundred two of this chapter
47 imposed pursuant to a demonstration program imposing monetary liability
48 on the owner of a vehicle for failure of an operator thereof to comply
49 with such posted maximum speed limits through the installation and oper-
50 ation of photo speed violation monitoring systems, in accordance with
51 article thirty of this chapter; or (c) for violations of bus lane
52 restrictions as defined by article twenty-four of this chapter imposed
53 pursuant to a bus rapid transit program imposing monetary liability on
54 the owner of a vehicle for failure of an operator thereof to comply with
55 such bus lane restrictions through the installation and operation of bus
56 lane photo devices, in accordance with article twenty-four of this chap-
S. 7336 18
1 ter; or (d) for violations of toll collection regulations imposed by
2 certain public authorities pursuant to the law authorizing such public
3 authorities to impose monetary liability on the owner of a vehicle for
4 failure of an operator thereof to comply with toll collection regu-
5 lations of such public authorities through the installation and opera-
6 tion of photo-monitoring systems, in accordance with the provisions of
7 section two thousand nine hundred eighty-five of the public authorities
8 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
9 hundred seventy-four of the laws of nineteen hundred fifty; or (e) for
10 violations of section eleven hundred seventy-four of this chapter when
11 meeting a school bus marked and equipped as provided in subdivisions
12 twenty and twenty-one-c of section three hundred seventy-five of this
13 chapter imposed pursuant to a local law or ordinance imposing monetary
14 liability on the owner of a vehicle for failure of an operator thereof
15 to comply with school bus red visual signals through the installation
16 and operation of school bus photo violation monitoring systems, in
17 accordance with article twenty-nine of this chapter; or (f) for
18 violations of section three hundred eighty-five of this chapter and the
19 rules of the department of transportation of the city of New York in
20 relation to gross vehicle weight and/or axle weight violations imposed
21 pursuant to a weigh in motion demonstration program imposing monetary
22 liability on the owner of a vehicle for failure of an operator thereof
23 to comply with such gross vehicle weight and/or axle weight restrictions
24 through the installation and operation of weigh in motion violation
25 monitoring systems, in accordance with article ten of this chapter; or
26 (g) for violations of subdivision (b), (d), (f) or (g) of section eleven
27 hundred eighty of this chapter imposed pursuant to a demonstration
28 program imposing monetary liability on the owner of a vehicle for fail-
29 ure of an operator thereof to comply with such posted maximum speed
30 limits within a highway construction or maintenance work area through
31 the installation and operation of photo speed violation monitoring
32 systems, in accordance with article thirty of this chapter; or (h) for
33 violations of bus operation-related traffic regulations as defined by
34 article twenty-four of this chapter imposed pursuant to a demonstration
35 program imposing monetary liability on the owner of a vehicle for fail-
36 ure of an operator thereof to comply with such bus operation-related
37 traffic regulations through the installation and operation of bus opera-
38 tion-related photo devices, in accordance with article twenty-four of
39 this chapter.
40 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
41 and traffic law, as amended by section 12 of part MM of chapter 56 of
42 the laws of 2023, is amended to read as follows:
43 a. Notwithstanding any other provision of law, whenever proceedings in
44 a court or an administrative tribunal of this state result in a
45 conviction for an offense under this chapter, except a conviction pursu-
46 ant to section eleven hundred ninety-two of this chapter, or for a traf-
47 fic infraction under this chapter, or a local law, ordinance, rule or
48 regulation adopted pursuant to this chapter, except: (i) a traffic
49 infraction involving standing, stopping, or parking or violations by
50 pedestrians or bicyclists; and (ii) an adjudication of liability of an
51 owner for a violation of subdivision (d) of section eleven hundred elev-
52 en of this chapter imposed pursuant to a local law or ordinance imposing
53 monetary liability on the owner of a vehicle for failure of an operator
54 thereof to comply with traffic-control indications through the installa-
55 tion and operation of traffic-control signal photo violation-monitoring
56 systems, in accordance with article twenty-four of this chapter; and
S. 7336 19
1 (iii) an adjudication of liability of an owner for a violation of subdi-
2 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty or for
3 a violation of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of
4 subdivision one of section four hundred two of this chapter imposed
5 pursuant to a demonstration program imposing monetary liability on the
6 owner of a vehicle for failure of an operator thereof to comply with
7 such posted maximum speed limits through the installation and operation
8 of photo speed violation monitoring systems, in accordance with article
9 thirty of this chapter; and (iv) an adjudication of liability of an
10 owner for a violation of bus lane restrictions as defined by article
11 twenty-four of this chapter imposed pursuant to a bus rapid transit
12 program imposing monetary liability on the owner of a vehicle for fail-
13 ure of an operator thereof to comply with such bus lane restrictions
14 through the installation and operation of bus lane photo devices, in
15 accordance with article twenty-four of this chapter; and (v) an adjudi-
16 cation of liability of an owner for a violation of toll collection regu-
17 lations imposed by certain public authorities pursuant to the law
18 authorizing such public authorities to impose monetary liability on the
19 owner of a vehicle for failure of an operator thereof to comply with
20 toll collection regulations of such public authorities through the
21 installation and operation of photo-monitoring systems, in accordance
22 with section two thousand nine hundred eighty-five of the public author-
23 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
24 seven hundred seventy-four of the laws of nineteen hundred fifty; and
25 (vi) an adjudication of liability of an owner for a violation of section
26 eleven hundred seventy-four of this chapter when meeting a school bus
27 marked and equipped as provided in subdivisions twenty and twenty-one-c
28 of section three hundred seventy-five of this chapter imposed pursuant
29 to a local law or ordinance imposing monetary liability on the owner of
30 a vehicle for failure of an operator thereof to comply with school bus
31 red visual signals through the installation and operation of school bus
32 photo violation monitoring systems, in accordance with article twenty-
33 nine of this chapter; and (vii) an adjudication of liability of an owner
34 for a violation of section three hundred eighty-five of this chapter and
35 the rules of the department of transportation of the city of New York in
36 relation to gross vehicle weight and/or axle weight violations imposed
37 pursuant to a weigh in motion demonstration program imposing monetary
38 liability on the owner of a vehicle for failure of an operator thereof
39 to comply with such gross vehicle weight and/or axle weight restrictions
40 through the installation and operation of weigh in motion violation
41 monitoring systems, in accordance with article ten of this chapter; and
42 (viii) an adjudication of liability of an owner for a violation of
43 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
44 this chapter imposed pursuant to a demonstration program imposing mone-
45 tary liability on the owner of a vehicle for failure of an operator
46 thereof to comply with such posted maximum speed limits within a highway
47 construction or maintenance work area through the installation and oper-
48 ation of photo speed violation monitoring systems, in accordance with
49 article thirty of this chapter; and (ix) an adjudication of liability of
50 an owner for a violation of bus operation-related traffic regulations as
51 defined by article twenty-four of this chapter imposed pursuant to a
52 demonstration program imposing monetary liability on the owner of a
53 vehicle for failure of an operator thereof to comply with such bus oper-
54 ation-related traffic regulations through the installation and operation
55 of bus operation-related photo devices, in accordance with article twen-
56 ty-four of this chapter, there shall be levied in addition to any
S. 7336 20
1 sentence, penalty or other surcharge required or permitted by law, an
2 additional surcharge of twenty-eight dollars.
3 § 12. Subdivision 13 of section 237 of the vehicle and traffic law, as
4 added by section 3 of chapter 189 of the laws of 2013, is REPEALED.
5 § 13. Subdivision 12 of section 237 of the vehicle and traffic law, as
6 added by section 3-a of chapter 189 of the laws of 2013, is REPEALED.
7 § 14. Chapter 189 of the laws of 2013, amending the vehicle and traf-
8 fic law and the public officers law relating to establishing in a city
9 with a population of one million or more a demonstration program imple-
10 menting speed violation monitoring systems in school speed zones by
11 means of photo devices, is amended by adding a new section 3-b to read
12 as follows:
13 § 3-b. Section 237 of the vehicle and traffic law is amended by adding
14 a new subdivision 13 to read as follows:
15 13. To adjudicate the liability of owners for violations of subdivi-
16 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty or for
17 violations of subparagraph (ii), (ii-a), or (iii) of paragraph (b) of
18 subdivision one of section four hundred two of this chapter in accord-
19 ance with section eleven hundred eighty-b of this chapter.
20 § 15. Section 15 of chapter 189 of the laws of 2013, amending the
21 vehicle and traffic law and the public officers law relating to estab-
22 lishing in a city with a population of one million or more a demon-
23 stration program implementing speed violation monitoring systems in
24 school speed zones by means of photo devices, the opening paragraph as
25 amended by chapter 229 of the laws of 2022, is amended to read as
26 follows:
27 § 15. This act shall take effect on the thirtieth day after it shall
28 have become a law [and]; provided, however, that sections three-b, ten,
29 thirteen and fourteen shall expire and be deemed repealed July 1, [2025]
30 2030; and provided further that any rules necessary for the implementa-
31 tion of this act on its effective date shall be promulgated on or before
32 such effective date, provided that:
33 (a) [the amendments to subdivision 1 of section 235 of the vehicle and
34 traffic law made by section one of this act shall not affect the expira-
35 tion of such subdivision and shall be deemed to expire therewith, when
36 upon such date the provisions of section one-a of this act shall take
37 effect;
38 (b) the amendments to section 235 of the vehicle and traffic law made
39 by section one-a of this act shall not affect the expiration of such
40 section and shall be deemed to expire therewith, when upon such date the
41 provisions of section one-b of this act shall take effect;
42 (c) the amendments to section 235 of the vehicle and traffic law made
43 by section one-b of this act shall not affect the expiration of such
44 section and shall be deemed to expire therewith, when upon such date the
45 provisions of section one-c of this act shall take effect;
46 (d) the amendments to section 235 of the vehicle and traffic law made
47 by section one-c of this act shall not affect the expiration of such
48 section and shall be deemed to expire therewith, when upon such date the
49 provisions of section one-d of this act shall take effect;
50 (e) the amendments to subdivision 1 of section 236 of the vehicle and
51 traffic law made by section two of this act shall not affect the expira-
52 tion of such subdivision and shall be deemed to expire therewith, when
53 upon such date the provisions of section two-a of this act shall take
54 effect;
55 (f) the amendments to subdivision 1 of section 236 of the vehicle and
56 traffic law made by section two-a of this act shall not affect the expi-
S. 7336 21
1 ration of such subdivision and shall be deemed to expire therewith, when
2 upon such date the provisions of section two-b of this act shall take
3 effect;
4 (g) the amendments to subdivision 1 of section 236 of the vehicle and
5 traffic law made by section two-b of this act shall not affect the expi-
6 ration of such subdivision and shall be deemed to expire therewith, when
7 upon such date the provisions of section two-c of this act shall take
8 effect;
9 (h) the amendments to subdivision 12 of section 237 of the vehicle and
10 traffic law made by section three of this act shall not affect the
11 repeal of such subdivision and shall be deemed to be repealed therewith,
12 when upon such date the provisions of section three-a of this act shall
13 take effect;
14 (h-1) the amendments to subdivision 11 of section 237 of the vehicle
15 and traffic law made by section three-a of this act shall not affect the
16 expiration and reversion of such subdivision and shall be deemed
17 repealed therewith;
18 (i) the amendments to paragraph f of subdivision 1 of section 239 of
19 the vehicle and traffic law made by section four of this act shall not
20 affect the expiration of such paragraph and shall be deemed to expire
21 therewith, when upon such date the provisions of section four-a of this
22 act shall take effect;
23 (j) the amendments to paragraph f of subdivision 1 of section 239 of
24 the vehicle and traffic law made by section four-a of this act shall not
25 affect the expiration of such paragraph and shall be deemed to expire
26 therewith, when upon such date the provisions of section four-b of this
27 act shall take effect;
28 (k) the amendments to paragraph f of subdivision 1 of section 239 of
29 the vehicle and traffic law made by section four-b of this act shall not
30 affect the expiration of such paragraph and shall be deemed to expire
31 therewith, when upon such date the provisions of section four-c of this
32 act shall take effect;
33 (l) the amendments to subdivision 4 of section 239 of the vehicle and
34 traffic law made by section five of this act shall not affect the repeal
35 of such subdivision and shall be deemed to be repealed therewith, when
36 upon such date the provisions of section five-a of this act shall take
37 effect;
38 (m) the amendments to subdivisions 1 and 1-a of section 240 of the
39 vehicle and traffic law made by section six of this act shall not affect
40 the expiration of such subdivisions and shall be deemed to expire there-
41 with, when upon such date the provisions of section six-a of this act
42 shall take effect;
43 (n) the amendments to subdivisions 1 and 1-a of section 240 of the
44 vehicle and traffic law made by section six-a of this act shall not
45 affect the expiration of such subdivisions and shall be deemed to expire
46 therewith, when upon such date the provisions of section six-b of this
47 act shall take effect;
48 (o) the amendments to subdivisions 1 and 1-a of section 240 of the
49 vehicle and traffic law made by section six-b of this act shall not
50 affect the expiration of such subdivisions and shall be deemed to expire
51 therewith, when upon such date the provisions of section six-c of this
52 act shall take effect;
53 (p) the amendments to paragraphs a and g of subdivision 2 of section
54 240 of the vehicle and traffic law made by section seven of this act
55 shall not affect the expiration of such paragraphs and shall be deemed
S. 7336 22
1 to expire therewith, when upon such date the provisions of section
2 seven-a of this act shall take effect;
3 (q) the amendments to paragraphs a and g of subdivision 2 of section
4 240 of the vehicle and traffic law made by section seven-a of this act
5 shall not affect the expiration of such paragraphs and shall be deemed
6 to expire therewith, when upon such date the provisions of section
7 seven-b of this act shall take effect;
8 (r) the amendments to paragraphs a and g of subdivision 2 of section
9 240 of the vehicle and traffic law made by section seven-b of this act
10 shall not affect the expiration of such paragraphs and shall be deemed
11 to expire therewith, when upon such date the provisions of section
12 seven-c of this act shall take effect;
13 (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
14 cle and traffic law made by section eight of this act shall not affect
15 the expiration of such subdivisions and shall be deemed to expire there-
16 with, when upon such date the provisions of section eight-a of this act
17 shall take effect;
18 (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
19 cle and traffic law made by section eight-a of this act shall not affect
20 the expiration of such subdivisions and shall be deemed to expire there-
21 with, when upon such date the provisions of section eight-b of this act
22 shall take effect;
23 (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
24 cle and traffic law made by section eight-b of this act shall not affect
25 the expiration of such subdivisions and shall be deemed to expire there-
26 with, when upon such date the provisions of section eight-c of this act
27 shall take effect;
28 (v) the amendments to subparagraph (i) of paragraph a of subdivision
29 5-a of section 401 of the vehicle and traffic law made by section nine
30 of this act shall not affect the expiration of such paragraph and shall
31 be deemed to expire therewith, when upon such date the provisions of
32 section nine-a of this act shall take effect;
33 (w) the amendments to paragraph a of subdivision 5-a of section 401 of
34 the vehicle and traffic law made by section nine-a of this act shall not
35 affect the expiration of such paragraph and shall be deemed to expire
36 therewith, when upon such date the provisions of section nine-b of this
37 act shall take effect;
38 (x) the amendments to paragraph a of subdivision 5-a of section 401 of
39 the vehicle and traffic law made by section nine-b of this act shall not
40 affect the expiration of such paragraph and shall be deemed to expire
41 therewith, when upon such date the provisions of section nine-c of this
42 act shall take effect;
43 (y)] the amendments to subdivision 1 of section 1809 of the vehicle
44 and traffic law made by section eleven of this act shall not affect the
45 expiration of such subdivision and shall be deemed to expire therewith,
46 when upon such date the provisions of section eleven-a of this act shall
47 take effect;
48 [(z)] (b) the amendments to subdivision 1 of section 1809 of the vehi-
49 cle and traffic law made by section eleven-a of this act shall not
50 affect the expiration of such subdivision and shall be deemed to expire
51 therewith, when upon such date the provisions of section eleven-b of
52 this act shall take effect; and
53 [(aa)] (c) the amendments to subdivision 1 of section 1809 of the
54 vehicle and traffic law made by section eleven-b of this act shall not
55 affect the expiration of such subdivision and shall be deemed to expire
S. 7336 23
1 therewith, when upon such date the provisions of section eleven-c of
2 this act shall take effect[;
3 (bb) the amendments to paragraph a of subdivision 1 of section 1809-e
4 of the vehicle and traffic law made by section twelve of this act shall
5 not affect the expiration of such paragraph and shall be deemed to
6 expire therewith, when upon such date the provisions of section twelve-a
7 of this act shall take effect; and
8 (cc) the amendments to paragraph a of subdivision 1 of section 1809-e
9 of the vehicle and traffic law made by section twelve-a of this act
10 shall not affect the expiration of such paragraph and shall be deemed to
11 expire therewith, when upon such date the provisions of section twelve-b
12 of this act shall take effect; and
13 (dd) the amendments to paragraph a of subdivision 1 of section 1809-e
14 of the vehicle and traffic law made by section twelve-b of this act
15 shall not affect the expiration of such paragraph and shall be deemed to
16 expire therewith, when upon such date the provisions of section twelve-c
17 of this act shall take effect].
18 § 16. This act shall take effect immediately; provided that the amend-
19 ments to section 1180-b of the vehicle and traffic law made by sections
20 one, two and three of this act shall not affect the repeal of such
21 section and shall be deemed repealed therewith.
