A. 7737 Summary:

BILL NOA07737A
 
SAME ASSAME AS S07481
 
SPONSORGlick (MS)
 
COSPNSRBenedetto, Millman, Cook, Gottfried, Weprin, Rivera P, Titone, Castro, Rosenthal, Quart, Ortiz, Kellner, Brook-Krasny, Hevesi, Rivera N, Markey
 
MLTSPNSRBoyland, Brennan, Crespo, Cymbrowitz, Dinowitz, Gabryszak, Lupardo, McDonough, O'Donnell, Robinson, Schimel, Thiele, Tobacco, Weisenberg
 
Amd V & T L, generally; amd S87, Pub Off L
 
Authorizes the city of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the maximum speed limit or the maximum school speed limit of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, microphotographic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; provides for the expiration of this demonstration program five years after the effective date.
Go to top

A. 7737 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7737A
 
SPONSOR: Glick (MS)
  TITLE OF BILL: An act to amend the vehicle and traffic law and the public officers law, in relation to establishing in each city with a population of one million or more a demonstration program to enforce maximum speed limits by means of speed limit photo devices; and provid- ing for the repeal of such provisions upon expiration thereof   SUMMARY OF SPECIFIC PROVISIONS: The subject bill amends the Vehicle and Traffic Law and the Public Officers Law to authorize the City of New York to establish a demonstration program imposing liability on the owners of motor vehicles found to be in violation of the maximum speed limit or the maximum school speed limit in the City through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that data by photographic, micro-graphic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit. The City will be authorized to operate from twenty to forty speed cameras at any one time during any year of the program. Such speed limit photo devices may be stationary or mobile and shall be activated at locations selected by such city.   JUSTIFICATION:; Speeding motorists are a pervasive problem in some areas of the City of New York. The New York City Police Department issues more than 118,000 summonses each year for speeding violations. These violations are often a significant factor in accidents which result in death or injury to motorists and pedestrians. Children and the elderly are often the victims. Under the present provisions of law, a police officer must be present at the scene of a speeding violation to observe the violation and serve the operator of the vehicle with a summons. There are of course not a sufficient number of police officers to observe every speeding violation. In fact, a motorist can rely on the odds that a speeding violation will not be detected. The purpose of this legislation is to develop a system which will supplement the police effort by using recent technology to record speed- ing violations on film or other recording devices. The program will operate in the same manner as the Red Light Camera Program which has successfully reduced the incidence of red light violations in the City, ultimately preventing accidents and saving lives. Technology presently exists which will photographically capture vehicles which exceed the maximum speed limit without the presence of a police officer. This technology combines speed sensing technology that deter- mines the speed of a vehicle and captures/records that data by photo- graphic, micro-graphic, video tape or other recording system and produc- es an image of a motor vehicle at the moment that it exceeds the speed limit. This image can then be used as evidence in a proceeding to impose liability on the owner of the vehicle for the speeding violation. This technology is presently in use in Utah, Californian Arizona, and British Columbia, Canada. The equipment consists of mobile units which can be moved from neighborhood to neighborhood as the need arises. The enactment of this legislation which is modeled after the enabling legislation which authorized the Red Light Camera Program, will enable the City to continue to explore the use of new technology as a means of improving the quality of life in the City.   PRIOR LEGISLATIVE HISTORY: 2011-'12: A7737 -Referred to Transporta- tion: 2009-'10: A.7744 -referred to Transportation: 007-'0S: A.7142-referred to Transportation; 2005-'06: A.5747-a- referred to Transportation; 2003-'04: A.4111-a-referred to Transportation; 2001-'02: A.7355 - referred to Transportation.   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law and shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed; and provided further that any rules necessary for the imple- mentation of this act on its effective date shall be promulgated on or before such date.
Go to top

A. 7737 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7737--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  BENEDETTO, MILLMAN, COOK, GOTTFRIED,
          WEPRIN, P. RIVERA, TITONE, CASTRO, ROSENTHAL, QUART,  ORTIZ,  KELLNER,
          BROOK-KRASNY,  HEVESI -- Multi-Sponsored by -- M. of A. BOYLAND, BREN-
          NAN, CYMBROWITZ, GABRYSZAK,  LUPARDO,  McDONOUGH,  ROBINSON,  SCHIMEL,
          THIELE,  TOBACCO  -- read once and referred to the Committee on Trans-

          portation -- recommitted to the Committee on Transportation in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing in each city  with  a  population  of  one
          million  or  more  a  demonstration  program  to enforce maximum speed
          limits by means of speed limit photo devices; and  providing  for  the
          repeal of such 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. Subdivision 1 of section 235 of  the  vehicle  and  traffic
     2  law,  as  amended  by  section 1 of part II of chapter 59 of the laws of
     3  2010, is amended to read as follows:

     4    1. Notwithstanding any inconsistent provision of any general,  special
     5  or  local  law or administrative code to the contrary, in any city which
     6  heretofore or hereafter is authorized  to  establish  an  administrative
     7  tribunal to hear and determine complaints of traffic infractions consti-
     8  tuting  parking,  standing  or stopping violations, or to adjudicate the
     9  liability of owners for violations of subdivision (d) of section  eleven
    10  hundred eleven of this chapter in accordance with section eleven hundred
    11  eleven-a  of  this chapter, or to adjudicate the liability of owners for
    12  violations of subdivision (d) of section eleven hundred eleven  of  this
    13  chapter  in  accordance  with  sections  eleven hundred eleven-b of this
    14  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    15  twenty-two of the laws of  two  thousand  nine,  or  to  adjudicate  the
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10928-04-2

        A. 7737--A                          2
 
     1  liability  of  owners  for  violations of toll collection regulations as
     2  defined in and in accordance with the provisions of section two thousand
     3  nine hundred eighty-five of the  public  authorities  law  and  sections
     4  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
     5  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
     6  owners in accordance with section eleven hundred eleven-c of this  chap-
     7  ter  for violations of bus lane restrictions as defined in such section,
     8  or to adjudicate liability of owners for violations of subdivisions  (c)

     9  and  (d)  of section eleven hundred eighty of this chapter in accordance
    10  with section eleven hundred eighty-b of this chapter, such tribunal  and
    11  the  rules  and  regulations  pertaining thereto shall be constituted in
    12  substantial conformance with the following sections.
    13    § 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    14  section  1-a of part II of chapter 59 of the laws of 2010, is amended to
    15  read as follows:
    16    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    17  general, special or local law or administrative code to the contrary, in
    18  any city which heretofore or hereafter is  authorized  to  establish  an
    19  administrative  tribunal  to  hear  and  determine complaints of traffic
    20  infractions constituting parking, standing or stopping violations, or to

    21  adjudicate the liability of owners for violations of subdivision (d)  of
    22  section eleven hundred eleven of this chapter in accordance with section
    23  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    24  of owners for violations of subdivision (d) of  section  eleven  hundred
    25  eleven  of  this  chapter  in  accordance  with  sections eleven hundred
    26  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    27  ty,  twenty-one,  and twenty-two of the laws of two thousand nine, or to
    28  adjudicate the liability of owners for  violations  of  toll  collection
    29  regulations  as  defined  in  and  in  accordance with the provisions of
    30  section two thousand nine hundred eighty-five of the public  authorities
    31  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    32  hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-

    33  dicate  liability  of  owners  in accordance with section eleven hundred
    34  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    35  defined  in  such  section,  or  to  adjudicate  liability of owners for
    36  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    37  of  this  chapter  in accordance with section eleven hundred eighty-b of
    38  this chapter, such tribunal and the  rules  and  regulations  pertaining
    39  thereto shall be constituted in substantial conformance with the follow-
    40  ing sections.
    41    §  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
    42  section 1-b of part II of chapter 59 of the laws of 2010, is amended  to
    43  read as follows:
    44    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any

    45  general, special or local law or administrative code to the contrary, in
    46  any  city  which  heretofore  or hereafter is authorized to establish an
    47  administrative tribunal to hear  and  determine  complaints  of  traffic
    48  infractions constituting parking, standing or stopping violations, or to
    49  adjudicate  the liability of owners for violations of subdivision (d) of
    50  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
    51  sections  eleven  hundred  eleven-b of this chapter as added by sections
    52  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    53  two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for
    54  violations of toll collection regulations as defined in and  in  accord-
    55  ance  with  the  provisions of section two thousand nine hundred eighty-
    56  five of the public authorities law and sections sixteen-a, sixteen-b and

        A. 7737--A                          3
 
     1  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     2  hundred  fifty,  or to adjudicate liability of owners in accordance with
     3  section eleven hundred eleven-c of this chapter for  violations  of  bus
     4  lane restrictions as defined in such section, or to adjudicate liability
     5  of  owners  for violations of subdivisions (c) and (d) of section eleven
     6  hundred eighty of this chapter in accordance with section eleven hundred
     7  eighty-b of this chapter, such tribunal and the  rules  and  regulations
     8  pertaining  thereto shall be constituted in substantial conformance with
     9  the following sections.
    10    § 1-c. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    11  section  1-c of part II of chapter 59 of the laws of 2010, is amended to

    12  read as follows:
    13    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    14  general, special or local law or administrative code to the contrary, in
    15  any city which heretofore or hereafter is  authorized  to  establish  an
    16  administrative  tribunal  to  hear  and  determine complaints of traffic
    17  infractions constituting parking, standing or stopping violations, or to
    18  adjudicate the liability of owners for  violations  of  toll  collection
    19  regulations  as  defined  in  and  in  accordance with the provisions of
    20  section two thousand nine hundred eighty-five of the public  authorities
    21  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    22  hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
    23  dicate  liability  of  owners  in accordance with section eleven hundred

    24  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    25  defined  in  such  section,  or  to  adjudicate  liability of owners for
    26  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    27  of  this  chapter  in accordance with section eleven hundred eighty-b of
    28  this chapter, such tribunal and the  rules  and  regulations  pertaining
    29  thereto shall be constituted in substantial conformance with the follow-
    30  ing sections.
    31    §  1-d.  Section  235  of  the  vehicle and traffic law, as separately
    32  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
    33  of 1992, is amended to read as follows:
    34    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    35  general, special or local law or administrative code to the contrary, in

    36  any  city  which  heretofore  or hereafter is authorized to establish an
    37  administrative tribunal to hear  and  determine  complaints  of  traffic
    38  infractions constituting parking, standing or stopping violations, or to
    39  adjudicate  the  liability  of  owners for violations of toll collection
    40  regulations as defined in and  in  accordance  with  the  provisions  of
    41  section  two thousand nine hundred eighty-five of the public authorities
    42  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    43  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    44  dicate liability of owners for violations of subdivisions (c) and (d) of
    45  section eleven hundred eighty of this chapter in accordance with section
    46  eleven hundred eighty-b of this chapter, such tribunal and the rules and

    47  regulations pertaining  thereto  shall  be  constituted  in  substantial
    48  conformance with the following sections.
    49    §  2.  Subdivision 1 of section 236 of the vehicle and traffic law, as
    50  amended by section 2 of part II of chapter 59 of the laws  of  2010,  is
    51  amended to read as follows:
    52    1.  Creation. In any city as hereinbefore or hereafter authorized such
    53  tribunal when created shall be known as the  parking  violations  bureau
    54  and  shall  have  jurisdiction of traffic infractions which constitute a
    55  parking violation and, where authorized by local law adopted pursuant to
    56  subdivision (a) of section eleven hundred eleven-a of  this  chapter  or

        A. 7737--A                          4
 
     1  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
     2  added by sections sixteen of chapters twenty, twenty-one, and twenty-two

     3  of the laws of two thousand nine,  shall  adjudicate  the  liability  of
     4  owners for violations of subdivision (d) of section eleven hundred elev-
     5  en  of  this  chapter  in  accordance  with  such section eleven hundred
     6  eleven-a or such sections eleven hundred eleven-b as added  by  sections
     7  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
     8  two thousand nine and shall  adjudicate  the  liability  of  owners  for
     9  violations  of  toll collection regulations as defined in and in accord-
    10  ance with the provisions of section two thousand  nine  hundred  eighty-
    11  five of the public authorities law and sections sixteen-a, sixteen-b and
    12  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    13  hundred fifty and shall adjudicate liability  of  owners  in  accordance
    14  with  section  eleven hundred eleven-c of this chapter for violations of

    15  bus lane restrictions as defined in such section  and  shall  adjudicate
    16  liability  of  owners  for  violations  of  subdivisions  (c) and (d) of
    17  section eleven hundred eighty of this chapter in accordance with section
    18  eleven hundred eighty-b of this chapter.   Such tribunal,  except  in  a
    19  city with a population of one million or more, shall also have jurisdic-
    20  tion  of abandoned vehicle violations. For the purposes of this article,
    21  a parking violation is the violation of  any  law,  rule  or  regulation
    22  providing for or regulating the parking, stopping or standing of a vehi-
    23  cle. In addition for purposes of this article, "commissioner" shall mean
    24  and  include  the  commissioner  of  traffic  of the city or an official
    25  possessing authority as such a commissioner.

    26    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    27  amended by section 2-a of part II of chapter 59 of the laws of 2010,  is
    28  amended to read as follows:
    29    1.  Creation. In any city as hereinbefore or hereafter authorized such
    30  tribunal when created shall be known as the  parking  violations  bureau
    31  and  shall  have  jurisdiction of traffic infractions which constitute a
    32  parking violation and, where authorized by local law adopted pursuant to
    33  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    34  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    35  of  the  laws  of  two  thousand nine, shall adjudicate the liability of
    36  owners for violations of subdivision (d) of section eleven hundred elev-
    37  en of this chapter in  accordance  with  such  sections  eleven  hundred

    38  eleven-b  as  added  by sections sixteen of chapters twenty, twenty-one,
    39  and twenty-two of the laws of two thousand nine;  and  shall  adjudicate
    40  liability  of  owners in accordance with section eleven hundred eleven-c
    41  of this chapter for violations of bus lane restrictions  as  defined  in
    42  such  section and shall adjudicate liability of owners for violations of
    43  subdivisions (c) and (d) of section eleven hundred eighty of this  chap-
    44  ter  in accordance with section eleven hundred eighty-b of this chapter.
    45  For the purposes of this article, a parking violation is  the  violation
    46  of  any law, rule or regulation providing for or regulating the parking,
    47  stopping or standing of a vehicle. In  addition  for  purposes  of  this
    48  article, "commissioner" shall mean and include the commissioner of traf-

    49  fic  of  the  city or an official possessing authority as such a commis-
    50  sioner.
    51    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
    52  amended by section 2-b of part II of chapter 59 of the laws of 2010,  is
    53  amended to read as follows:
    54    1.  Creation. In any city as hereinbefore or hereafter authorized such
    55  tribunal when created shall be known as the  parking  violations  bureau
    56  and  shall  have  jurisdiction of traffic infractions which constitute a

        A. 7737--A                          5
 
     1  parking violation and shall adjudicate liability of owners in accordance
     2  with section eleven hundred eleven-c of this chapter for  violations  of
     3  bus  lane  restrictions  as defined in such section and shall adjudicate
     4  liability  of  owners  for  violations  of  subdivisions  (c) and (d) of

     5  section eleven hundred eighty of this chapter in accordance with section
     6  eleven hundred eighty-b of this chapter.  For the purposes of this arti-
     7  cle, a parking violation is the violation of any law, rule or regulation
     8  providing for or regulating the parking, stopping or standing of a vehi-
     9  cle. In addition for purposes of this article, "commissioner" shall mean
    10  and include the commissioner of traffic  of  the  city  or  an  official
    11  possessing authority as such a commissioner.
    12    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    13  added by chapter 715 of the laws of 1972, is amended to read as follows:
    14    1.  Creation. In any city as hereinbefore or hereafter authorized such
    15  tribunal when created shall be known as the  parking  violations  bureau
    16  and  shall  have  jurisdiction of traffic infractions which constitute a

    17  parking  violation  and  shall  adjudicate  liability  of   owners   for
    18  violations  of subdivisions (c) and (d) of section eleven hundred eighty
    19  of this chapter in accordance with section eleven  hundred  eighty-b  of
    20  this  chapter.  For the purposes of this article, a parking violation is
    21  the violation of any law, rule or regulation providing for or regulating
    22  the parking, stopping or standing of a vehicle. In addition for purposes
    23  of this article, "commissioner" shall mean and include the  commissioner
    24  of  traffic  of  the  city or an official possessing authority as such a
    25  commissioner.
    26    § 3. Subdivision 12 of section 237 of the vehicle and traffic law,  as
    27  added  by  section  3  of  part II of chapter 59 of the laws of 2010, is
    28  amended and a new subdivision 13 is added to read as follows:

    29    12. To adjudicate liability of owners in accordance with section elev-
    30  en  hundred  eleven-c  of  this  chapter  for  violations  of  bus  lane
    31  restrictions as defined in such section[.];
    32    13.  To  adjudicate the liability of owners for violations of subdivi-
    33  sions (c) and (d) of section eleven hundred eighty of  this  chapter  in
    34  accordance with section eleven hundred eighty-b of this chapter.
    35    §  3-a.  Subdivision 11 of section 237 of the vehicle and traffic law,
    36  as added by chapter 379 of the laws of 1992, is amended and a new subdi-
    37  vision 12 is added to read as follows:
    38    11. To adjudicate the liability  of  owners  for  violations  of  toll
    39  collection  regulations  as  defined  in  and  in  accordance  with  the
    40  provisions of section two  thousand  nine  hundred  eighty-five  of  the

    41  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    42  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    43  fifty[.];
    44    12.  To  adjudicate the liability of owners for violations of subdivi-
    45  sions (c) and (d) of section eleven hundred eighty of  this  chapter  in
    46  accordance with section eleven hundred eighty-b of this chapter.
    47    §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    48  traffic law, as amended by section 4 of part II of  chapter  59  of  the
    49  laws of 2010, is amended to read as follows:
    50    f.  "Notice  of  violation"  means a notice of violation as defined in
    51  subdivision nine of section two hundred thirty-seven  of  this  article,
    52  but shall not be deemed to include a notice of liability issued pursuant

    53  to  authorization  set  forth in section eleven hundred eleven-a of this
    54  chapter or sections eleven hundred eleven-b of this chapter as added  by
    55  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    56  laws of two thousand nine, and shall not be deemed to include  a  notice

        A. 7737--A                          6
 
     1  of liability issued pursuant to section two thousand nine hundred eight-
     2  y-five  of  the public authorities law and sections sixteen-a, sixteen-b
     3  and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
     4  teen  hundred  fifty  and  shall  not  be  deemed to include a notice of
     5  liability issued pursuant to section eleven  hundred  eleven-c  of  this
     6  chapter  and shall not be deemed to include a notice of liability issued
     7  pursuant to section eleven hundred eighty-b of this chapter.

     8    § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle  and
     9  traffic  law,  as amended by section 4-a of part II of chapter 59 of the
    10  laws of 2010, is amended to read as follows:
    11    f. "Notice of violation" means a notice of  violation  as  defined  in
    12  subdivision nine of section two hundred thirty-seven of this article but
    13  shall  not be deemed to include a notice of liability issued pursuant to
    14  authorization set forth in sections  eleven  hundred  eleven-b  of  this
    15  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    16  twenty-two  of  the laws of two thousand nine and shall not be deemed to
    17  include a notice of liability issued pursuant to section eleven  hundred
    18  eleven-c  of this chapter and shall not be deemed to include a notice of
    19  liability issued pursuant to section eleven  hundred  eighty-b  of  this

    20  chapter.
    21    §  4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
    22  traffic law, as amended by section 4-b of part II of chapter 59  of  the
    23  laws of 2010, is amended to read as follows:
    24    f.  "Notice  of  violation"  means a notice of violation as defined in
    25  subdivision nine of section two hundred thirty-seven of this article and
    26  shall not be deemed to include a notice of liability issued pursuant  to
    27  section  eleven hundred eleven-c of this chapter and shall not be deemed
    28  to include a notice of  liability  issued  pursuant  to  section  eleven
    29  hundred eighty-b of this chapter.
    30    §  4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
    31  traffic law, as added by chapter 180 of the laws of 1980, is amended  to
    32  read as follows:

    33    f.  "Notice  of  violation"  means a notice of violation as defined in
    34  subdivision nine of section two hundred thirty-seven of this article and
    35  shall not be deemed to include a notice of liability issued pursuant  to
    36  section eleven hundred eighty-b of this chapter.
    37    §  5.  Subdivision 4 of section 239 of the vehicle and traffic law, as
    38  amended by chapter 379 of the laws  of  1992,  is  amended  to  read  as
    39  follows:
    40    4. Applicability. The provisions of paragraph b of subdivision two and
    41  subdivision  three  of  this section shall not be applicable to determi-
    42  nations of owner liability for the failure of an operator to comply with
    43  subdivision (d) of section eleven hundred eleven  of  this  chapter  and
    44  shall  not  be  applicable  to determinations of owner liability imposed

    45  pursuant to section two thousand nine hundred eighty-five of the  public
    46  authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
    47  ter seven hundred seventy-four of the laws of nineteen hundred fifty and
    48  shall  not  be  applicable  to  determinations  of  owner  liability for
    49  violations of subdivisions (c) and (d) of section eleven hundred  eighty
    50  of this chapter.
    51    § 5-a. Section 239 of the vehicle and traffic law is amended by adding
    52  a new subdivision 4 to read as follows:
    53    4. Applicability. The provisions of paragraph b of subdivision two and
    54  subdivision  three  of  this section shall not be applicable to determi-
    55  nations of owner liability for violations of subdivisions (c) and (d) of
    56  section eleven hundred eighty of this chapter.

        A. 7737--A                          7
 
     1    § 6. Subdivisions 1 and 1-a of section 240 of the vehicle and  traffic
     2  law,  as  amended  by  section 5 of part II of chapter 59 of the laws of
     3  2010, are amended to read as follows:
     4    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     5  violation enters a plea of not guilty or a person alleged to  be  liable
     6  in  accordance  with  section eleven hundred eleven-a of this chapter or
     7  sections eleven hundred eleven-b of this chapter as  added  by  sections
     8  sixteen  of  chapters  twenty, twenty-one, and twenty two of the laws of
     9  two thousand nine, for a violation of subdivision (d) of section  eleven
    10  hundred  eleven  of  this  chapter contests such allegation, or a person
    11  alleged to be liable in accordance with the provisions  of  section  two

    12  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    13  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    14  seventy-four  of the laws of nineteen hundred fifty, or a person alleged
    15  to be liable in accordance with the provisions of section eleven hundred
    16  eleven-c of this chapter for a violation of a bus  lane  restriction  as
    17  defined in such section contests such allegation, or a person alleged to
    18  be  liable  in  accordance with the provisions of section eleven hundred
    19  eighty-b of this chapter for a violation of subdivision (c)  or  (d)  of
    20  section  eleven hundred eighty of this chapter contests such allegation,
    21  the bureau shall advise such person personally by  such  form  of  first
    22  class  mail  as  the  director may direct of the date on which he or she

    23  must appear to answer the charge at a hearing. The form and  content  of
    24  such  notice  of  hearing shall be prescribed by the director, and shall
    25  contain a warning to advise the person so pleading  or  contesting  that
    26  failure to appear on the date designated, or on any subsequent adjourned
    27  date,  shall  be  deemed  an  admission of liability, and that a default
    28  judgment may be entered thereon.
    29    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    30  entered, or the bureau has been notified that an allegation of liability
    31  in  accordance  with  section eleven hundred eleven-a of this chapter or
    32  sections eleven hundred eleven-b of this chapter as  added  by  sections
    33  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
    34  two thousand nine or an  allegation  of  liability  in  accordance  with

    35  section  two thousand nine hundred eighty-five of the public authorities
    36  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    37  hundred seventy-four of the laws of nineteen hundred fifty or an allega-
    38  tion  of liability in accordance with section eleven hundred eleven-c of
    39  this chapter or an allegation of liability in  accordance  with  section
    40  eleven hundred eighty-b of this chapter, is being contested, by a person
    41  in a timely fashion and a hearing upon the merits has been demanded, but
    42  has  not yet been held, the bureau shall not issue any notice of fine or
    43  penalty to that person prior to the date of the hearing.
    44    § 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    45  fic  law, as amended by section 5-a of part II of chapter 59 of the laws
    46  of 2010, are amended to read as follows:

    47    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    48  violation  enters  a plea of not guilty or a person alleged to be liable
    49  in accordance with sections eleven hundred eleven-b of this  chapter  as
    50  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    51  of  the  laws of two thousand nine for a violation of subdivision (d) of
    52  section eleven hundred eleven of this chapter, or a person alleged to be
    53  liable in accordance with  the  provisions  of  section  eleven  hundred
    54  eleven-c  of  this  chapter for a violation of a bus lane restriction as
    55  defined in such section contests such allegation, or a person alleged to
    56  be liable in accordance with the provisions of  section  eleven  hundred

        A. 7737--A                          8
 

     1  eighty-b  of  this chapter for violations of subdivisions (c) and (d) of
     2  section eleven hundred eighty of this chapter contests such  allegation,
     3  the  bureau  shall  advise  such person personally by such form of first
     4  class  mail  as  the  director may direct of the date on which he or she
     5  must appear to answer the charge at a hearing. The form and  content  of
     6  such  notice  of  hearing shall be prescribed by the director, and shall
     7  contain a warning to advise the person so pleading  or  contesting  that
     8  failure to appear on the date designated, or on any subsequent adjourned
     9  date,  shall  be  deemed  an  admission of liability, and that a default
    10  judgment may be entered thereon.
    11    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    12  entered, or the bureau has been notified that an allegation of liability

    13  in  accordance with sections eleven hundred eleven-b of this chapter, as
    14  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    15  of the laws of two thousand nine,  or  an  allegation  of  liability  in
    16  accordance  with  section  eleven hundred eleven-c of this chapter or an
    17  allegation of liability in accordance with section eleven hundred eight-
    18  y-b of this chapter is being contested, by a person in a timely  fashion
    19  and  a  hearing  upon the merits has been demanded, but has not yet been
    20  held, the bureau shall not issue any notice of fine or penalty  to  that
    21  person prior to the date of the hearing.
    22    §  6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    23  fic law, as amended by section 5-b of part II of chapter 59 of the  laws
    24  of 2010, are amended to read as follows:

    25    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    26  violation enters a plea of not guilty or a person alleged to  be  liable
    27  in  accordance with the provisions of section eleven hundred eleven-c of
    28  this chapter for a violation of a bus lane  restriction  as  defined  in
    29  such section, contests such allegation, or a person alleged to be liable
    30  in  accordance with the provisions of section eleven hundred eighty-b of
    31  this chapter for violations of subdivisions (c) and (d) of section elev-
    32  en hundred eighty of this chapter contests such allegation,  the  bureau
    33  shall  advise such person personally by such form of first class mail as
    34  the director may direct of the date on which he or she  must  appear  to
    35  answer  the  charge at a hearing. The form and content of such notice of

    36  hearing shall be prescribed by the director, and shall contain a warning
    37  to advise the person so pleading that failure  to  appear  on  the  date
    38  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    39  admission of liability, and that a default judgment may be entered ther-
    40  eon.
    41    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    42  entered, or the bureau has been notified that an allegation of liability
    43  in accordance with section eleven hundred eleven-c of this chapter or an
    44  allegation of liability in accordance with section eleven hundred eight-
    45  y-b  of this chapter is being contested, by a person in a timely fashion
    46  and a hearing upon the merits has been demanded, but has  not  yet  been
    47  held,  the  bureau shall not issue any notice of fine or penalty to that
    48  person prior to the date of the hearing.

    49    § 6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    50  fic  law,  subdivision 1 as added by chapter 715 of the laws of 1972 and
    51  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
    52  to read as follows:
    53    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    54  violation  enters a plea of not guilty, or a person alleged to be liable
    55  in accordance with the provisions of section eleven hundred eighty-b  of
    56  this chapter for violations of subdivisions (c) and (d) of section elev-

        A. 7737--A                          9
 
     1  en  hundred  eighty of this chapter contests such allegation, the bureau
     2  shall advise such person personally by such form of first class mail  as
     3  the  director  may  direct of the date on which he or she must appear to

     4  answer  the  charge at a hearing. The form and content of such notice of
     5  hearing shall be prescribed by the director, and shall contain a warning
     6  to advise the person so pleading that failure  to  appear  on  the  date
     7  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
     8  admission of liability, and that a default judgment may be entered ther-
     9  eon.
    10    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    11  entered, or the bureau has been notified that an allegation of liability
    12  in  accordance  with section eleven hundred eighty-b of this chapter, is
    13  being contested, by a person in a timely fashion and a hearing upon  the
    14  merits  has  been  demanded, but has not yet been held, the bureau shall
    15  not issue any notice of fine or penalty to that person prior to the date
    16  of the hearing.

    17    § 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    18  and traffic law, as amended by section 6 of part II of chapter 59 of the
    19  laws of 2010, are amended to read as follows:
    20    a. Every hearing for the adjudication of a charge of parking violation
    21  or an allegation of liability in accordance with section eleven  hundred
    22  eleven-a  of  this chapter or in accordance with sections eleven hundred
    23  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    24  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or an
    25  allegation of liability in accordance with  section  two  thousand  nine
    26  hundred eighty-five of the public authorities law or sections sixteen-a,
    27  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    28  laws of nineteen hundred fifty or an allegation of liability in  accord-

    29  ance  with section eleven hundred eleven-c of this chapter or an allega-
    30  tion of liability in accordance with section eleven hundred eighty-b  of
    31  this chapter, shall be held before a hearing examiner in accordance with
    32  rules and regulations promulgated by the bureau.
    33    g. A record shall be made of a hearing on a plea of not guilty or of a
    34  hearing  at  which  liability  in accordance with section eleven hundred
    35  eleven-a of this chapter or in accordance with sections  eleven  hundred
    36  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    37  ty, twenty-one, and twenty-two of the  laws  of  two  thousand  nine  is
    38  contested  or of a hearing at which liability in accordance with section
    39  two thousand nine hundred eighty-five of the public authorities  law  or
    40  sections  sixteen-a,  sixteen-b  and  sixteen-c of chapter seven hundred

    41  seventy-four of the laws of nineteen hundred fifty is contested or of  a
    42  hearing  at  which  liability  in accordance with section eleven hundred
    43  eleven-c of this chapter or a hearing at which liability  in  accordance
    44  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
    45  Recording devices may be used for the making of the record.
    46    § 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    47  cle and traffic law, as amended by section 6-a of part II of chapter  59
    48  of the laws of 2010, are amended to read as follows:
    49    a. Every hearing for the adjudication of a charge of parking violation
    50  or an allegation of liability in accordance with sections eleven hundred
    51  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    52  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or an

    53  allegation of  liability  in  accordance  with  section  eleven  hundred
    54  eleven-c  of  this  chapter  or an allegation of liability in accordance
    55  with section eleven hundred eighty-b of  this  chapter,  shall  be  held

        A. 7737--A                         10
 
     1  before  a  hearing  examiner  in  accordance  with rules and regulations
     2  promulgated by the bureau.
     3    g. A record shall be made of a hearing on a plea of not guilty or of a
     4  hearing  at  which  liability in accordance with sections eleven hundred
     5  eleven-b of this chapter, as added by sections sixteen of chapters twen-
     6  ty, twenty-one, and twenty-two of the laws of two thousand nine or of  a
     7  hearing  at  which  liability  in accordance with section eleven hundred
     8  eleven-c of this chapter or a hearing at which liability  in  accordance

     9  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
    10  Recording devices may be used for the making of the record.
    11    § 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    12  cle and traffic law, as amended by section 6-b of part II of chapter  59
    13  of the laws of 2010, are amended to read as follows:
    14    a. Every hearing for the adjudication of a charge of parking violation
    15  or  an allegation of liability in accordance with section eleven hundred
    16  eleven-c of this chapter or an allegation  of  liability  in  accordance
    17  with  section  eleven  hundred  eighty-b  of  this chapter shall be held
    18  before a hearing examiner  in  accordance  with  rules  and  regulations
    19  promulgated by the bureau.
    20    g. A record shall be made of a hearing on a plea of not guilty or of a

    21  hearing  at  which  liability  in accordance with section eleven hundred
    22  eleven-c of this chapter or a hearing at which liability  in  accordance
    23  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
    24  Recording devices may be used for the making of the record.
    25    § 7-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    26  cle and traffic law, as added by chapter 715 of the laws  of  1972,  are
    27  amended to read as follows:
    28    a. Every hearing for the adjudication of a charge of parking violation
    29  or  an allegation of liability in accordance with section eleven hundred
    30  eighty-b of this chapter shall be held  before  a  hearing  examiner  in
    31  accordance with rules and regulations promulgated by the bureau.
    32    g.  A  record  shall be made of a hearing on a plea of not guilty or a

    33  hearing at which liability in accordance  with  section  eleven  hundred
    34  eighty-b  of  this  chapter is contested.  Recording devices may be used
    35  for the making of the record.
    36    § 8. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    37  law,  as  amended  by  section 7 of part II of chapter 59 of the laws of
    38  2010, are amended to read as follows:
    39    1. The hearing examiner shall make a  determination  on  the  charges,
    40  either  sustaining or dismissing them. Where the hearing examiner deter-
    41  mines that the charges have been sustained he or she may examine  either
    42  the  prior  parking  violations  record  or  the  record  of liabilities
    43  incurred in accordance with section  eleven  hundred  eleven-a  of  this
    44  chapter  or  in accordance with sections eleven hundred eleven-b of this

    45  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    46  twenty-two of the laws of two thousand nine or the record of liabilities
    47  incurred in accordance with section two thousand  nine  hundred  eighty-
    48  five  of the public authorities law or sections sixteen-a, sixteen-b and
    49  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    50  hundred  fifty  of  the  person  charged,  or  the record of liabilities
    51  incurred in accordance with section  eleven  hundred  eleven-c  of  this
    52  chapter,  or  the  record  of  liabilities  incurred  in accordance with
    53  section eleven hundred eighty-b of this chapter, as applicable prior  to
    54  rendering  a  final  determination.   Final determinations sustaining or
    55  dismissing charges shall be entered on a final determination roll  main-


        A. 7737--A                         11
 
     1  tained  by  the bureau together with records showing payment and nonpay-
     2  ment of penalties.
     3    2.  Where  an operator or owner fails to enter a plea to a charge of a
     4  parking violation or contest an allegation of  liability  in  accordance
     5  with  section  eleven  hundred eleven-a of this chapter or in accordance
     6  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by
     7  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
     8  laws of two thousand nine or fails to contest an allegation of liability
     9  in accordance with section two thousand nine hundred eighty-five of  the
    10  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    11  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    12  fifty, or fails to contest an allegation of liability in accordance with

    13  section eleven hundred eleven-c of this chapter or fails to  contest  an
    14  allegation of liability in accordance with section eleven hundred eight-
    15  y-b  of  this chapter or fails to appear on a designated hearing date or
    16  subsequent adjourned date or fails after a hearing to  comply  with  the
    17  determination of a hearing examiner, as prescribed by this article or by
    18  rule  or  regulation  of  the  bureau, such failure to plead or contest,
    19  appear or comply shall be deemed, for  all  purposes,  an  admission  of
    20  liability  and  shall  be  grounds  for rendering and entering a default
    21  judgment in an amount provided by  the  rules  and  regulations  of  the
    22  bureau.  However,  after  the expiration of the original date prescribed
    23  for entering a plea and before a default judgment may  be  rendered,  in

    24  such  case the bureau shall pursuant to the applicable provisions of law
    25  notify such operator or owner, by such form of first class mail  as  the
    26  commission  may  direct;  (1)  of the violation charged, or liability in
    27  accordance with section eleven hundred eleven-a of this  chapter  or  in
    28  accordance  with  sections  eleven  hundred  eleven-b of this chapter as
    29  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    30  of the laws of two thousand nine alleged or liability in accordance with
    31  section two thousand nine hundred eighty-five of the public  authorities
    32  law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
    33  hundred seventy-four of the laws of nineteen hundred  fifty  alleged  or
    34  liability  in  accordance  with  section eleven hundred eleven-c of this
    35  chapter or liability in accordance with section eleven hundred  eighty-b

    36  of this chapter alleged, (2) of the impending default judgment, (3) that
    37  such  judgment  will  be entered in the Civil Court of the city in which
    38  the bureau has been established, or other court of civil jurisdiction or
    39  any other place provided for the entry of  civil  judgments  within  the
    40  state  of  New York, and (4) that a default may be avoided by entering a
    41  plea or contesting an allegation of liability in accordance with section
    42  eleven hundred eleven-a of this chapter or in accordance  with  sections
    43  eleven  hundred eleven-b of this chapter as added by sections sixteen of
    44  chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
    45  nine or contesting an allegation of liability in accordance with section
    46  two  thousand  nine hundred eighty-five of the public authorities law or
    47  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred

    48  seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
    49  allegation of  liability  in  accordance  with  section  eleven  hundred
    50  eleven-c  of  this  chapter  or contesting an allegation of liability in
    51  accordance with section eleven hundred  eighty-b  of  this  chapter,  as
    52  appropriate,  or  making an appearance within thirty days of the sending
    53  of such notice. Pleas entered  and  allegations  contested  within  that
    54  period  shall  be in the manner prescribed in the notice and not subject
    55  to additional penalty or fee. Such notice of impending default  judgment
    56  shall  not  be  required prior to the rendering and entry thereof in the

        A. 7737--A                         12
 
     1  case of operators or owners who are non-residents of the  state  of  New

     2  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
     3  required, a notice of impending default judgment be sent, more than  two
     4  years after the expiration of the time prescribed for entering a plea or
     5  contesting  an allegation. When a person has demanded a hearing, no fine
     6  or penalty shall be imposed for any reason, prior to the holding of  the
     7  hearing.  If  the  hearing  examiner  shall  make a determination on the
     8  charges, sustaining them, he or she shall impose no greater  penalty  or
     9  fine than those upon which the person was originally charged.
    10    §  8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    11  law, as amended by section 7-a of part II of chapter 59 of the  laws  of
    12  2010, are amended to read as follows:
    13    1.  The  hearing  examiner  shall make a determination on the charges,

    14  either sustaining or dismissing them. Where the hearing examiner  deter-
    15  mines  that the charges have been sustained he or she may examine either
    16  the prior  parking  violations  record  or  the  record  of  liabilities
    17  incurred  in  accordance  with  sections eleven hundred eleven-b of this
    18  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    19  twenty-two of the laws of two thousand nine of the  person  charged,  or
    20  the  record  of  liabilities  incurred in accordance with section eleven
    21  hundred eleven-c of this chapter, or the record of liabilities  incurred
    22  in  accordance  with section eleven hundred eighty-b of this chapter, as
    23  applicable prior to rendering  a  final  determination.  Final  determi-
    24  nations  sustaining  or  dismissing  charges shall be entered on a final
    25  determination roll maintained by the bureau together with records  show-

    26  ing payment and nonpayment of penalties.
    27    2.  Where  an operator or owner fails to enter a plea to a charge of a
    28  parking violation or contest an allegation of  liability  in  accordance
    29  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    30  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    31  laws of two thousand nine or fails to contest an allegation of liability
    32  in  accordance  with section eleven hundred eleven-c of this chapter, or
    33  fails to contest an allegation of liability incurred in accordance  with
    34  section eleven hundred eighty-b of this chapter, or fails to appear on a
    35  designated  hearing  date  or subsequent adjourned date or fails after a
    36  hearing to comply with the  determination  of  a  hearing  examiner,  as
    37  prescribed  by this article or by rule or regulation of the bureau, such

    38  failure to plead, contest, appear or comply shall  be  deemed,  for  all
    39  purposes,  an  admission of liability and shall be grounds for rendering
    40  and entering a default judgment in an amount provided by the  rules  and
    41  regulations of the bureau. However, after the expiration of the original
    42  date prescribed for entering a plea and before a default judgment may be
    43  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    44  provisions of law notify such operator or owner, by such form  of  first
    45  class  mail  as the commission may direct; (1) of the violation charged,
    46  or liability in accordance with sections eleven hundred eleven-b of this
    47  chapter, as added by sections sixteen of  chapters  twenty,  twenty-one,
    48  and twenty-two of the laws of two thousand nine, or liability in accord-
    49  ance  with  section eleven hundred eleven-c of this chapter or liability

    50  in accordance with section  eleven  hundred  eighty-b  of  this  chapter
    51  alleged,  (2)  of the impending default judgment, (3) that such judgment
    52  will be entered in the Civil Court of the city in which the  bureau  has
    53  been  established,  or  other  court  of civil jurisdiction or any other
    54  place provided for the entry of civil judgments within the state of  New
    55  York,  and  (4)  that  a  default  may  be avoided by entering a plea or
    56  contesting an allegation of liability in accordance with sections eleven

        A. 7737--A                         13
 
     1  hundred eleven-b of this chapter as added by sections sixteen  of  chap-
     2  ters  twenty,  twenty-one,  and  twenty-two  of the laws of two thousand
     3  nine, or contesting  an  allegation  of  liability  in  accordance  with

     4  section eleven hundred eleven-c of this chapter or contesting an allega-
     5  tion  of liability in accordance with section eleven hundred eighty-b of
     6  this chapter as appropriate, or making an appearance within thirty  days
     7  of  the sending of such notice.  Pleas entered and allegations contested
     8  within that period shall be in the manner prescribed in the  notice  and
     9  not  subject  to  additional  penalty  or  fee. Such notice of impending
    10  default judgment shall not be required prior to the rendering and  entry
    11  thereof  in the case of operators or owners who are non-residents of the
    12  state of New York. In no case shall a default judgment be  rendered  or,
    13  where  required,  a  notice  of impending default judgment be sent, more
    14  than two years after the expiration of the time prescribed for  entering

    15  a  plea  or contesting an allegation. When a person has demanded a hear-
    16  ing, no fine or penalty shall be imposed for any reason,  prior  to  the
    17  holding  of  the  hearing. If the hearing examiner shall make a determi-
    18  nation on the charges, sustaining them, he or she shall impose no great-
    19  er penalty or fine than those  upon  which  the  person  was  originally
    20  charged.
    21    §  8-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    22  law, as amended by section 7-b of part II of chapter 59 of the  laws  of
    23  2010, are amended to read as follows:
    24    1.  The  hearing  examiner  shall make a determination on the charges,
    25  either sustaining or dismissing them. Where the hearing examiner  deter-
    26  mines  that  the  charges  have been sustained he or she may examine the
    27  prior parking violations record of the person charged, or the record  of

    28  liabilities  incurred in accordance with section eleven hundred eleven-c
    29  of this chapter, or the record of  liabilities  incurred  in  accordance
    30  with  section  eleven  hundred  eighty-b of this chapter, as applicable,
    31  prior to rendering a final determination. Final determinations  sustain-
    32  ing or dismissing charges shall be entered on a final determination roll
    33  maintained  by  the  bureau  together  with  records showing payment and
    34  nonpayment of penalties.
    35    2. Where an operator or owner fails to enter a plea to a charge  of  a
    36  parking  violation,  or  fails  to contest an allegation of liability in
    37  accordance with section eleven hundred  eleven-c  of  this  chapter,  or
    38  fails  to contest an allegation of liability incurred in accordance with
    39  section eleven hundred eighty-b of this chapter, or fails to appear on a

    40  designated hearing date or subsequent adjourned date or  fails  after  a
    41  hearing  to  comply  with  the  determination  of a hearing examiner, as
    42  prescribed by this article or by rule or regulation of the bureau,  such
    43  failure to plead, appear or comply shall be deemed, for all purposes, an
    44  admission of liability and shall be grounds for rendering and entering a
    45  default  judgment  in an amount provided by the rules and regulations of
    46  the  bureau.  However,  after  the  expiration  of  the  original   date
    47  prescribed  for  entering  a  plea  and before a default judgment may be
    48  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    49  provisions  of  law notify such operator or owner, by such form of first
    50  class mail as the commission may direct; (1) of the violation charged or
    51  alleged liability in accordance with section eleven hundred eleven-c  of

    52  this  chapter  or  alleged  liability  in accordance with section eleven
    53  hundred eighty-b of this chapter, (2) of the impending default judgment,
    54  (3) that such judgment will be entered in the Civil Court of the city in
    55  which the bureau has been established, or other court of civil jurisdic-
    56  tion or any other place provided for the entry of civil judgments within

        A. 7737--A                         14
 
     1  the state of New York, and (4) that a default may be avoided by entering
     2  a plea or contesting an  allegation  of  liability  in  accordance  with
     3  section eleven hundred eleven-c of this chapter or contesting an allega-
     4  tion  of liability in accordance with section eleven hundred eighty-b of
     5  this chapter or making an appearance within thirty days of  the  sending

     6  of such notice.  Pleas entered within that period shall be in the manner
     7  prescribed  in  the notice and not subject to additional penalty or fee.
     8  Such notice of impending default judgment shall not be required prior to
     9  the rendering and entry thereof in the case of operators or  owners  who
    10  are  non-residents  of the state of New York. In no case shall a default
    11  judgment be rendered or, where required, a notice of  impending  default
    12  judgment  be  sent, more than two years after the expiration of the time
    13  prescribed for entering a plea. When a person has demanded a hearing, no
    14  fine or penalty shall be imposed for any reason, prior to the holding of
    15  the hearing. If the hearing examiner shall make a determination  on  the
    16  charges,  sustaining  them, he or she shall impose no greater penalty or
    17  fine than those upon which the person was originally charged.

    18    § 8-c. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    19  law,  subdivision  1  as  added  by  chapter 715 of the laws of 1972 and
    20  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
    21  to read as follows:
    22    1. The hearing examiner shall make a  determination  on  the  charges,
    23  either  sustaining or dismissing them. Where the hearing examiner deter-
    24  mines that the charges have been sustained he  may  examine  either  the
    25  prior  parking violations record of the person charged, or the record of
    26  liabilities incurred in accordance with section eleven hundred  eighty-b
    27  of  this  chapter,  as  applicable,  prior to rendering a final determi-
    28  nation. Final determinations sustaining or dismissing charges  shall  be
    29  entered  on a final determination roll maintained by the bureau together

    30  with records showing payment and nonpayment of penalties.
    31    2. Where an operator or owner fails to enter a plea to a charge  of  a
    32  parking  violation  or  fails  to  contest  an  allegation  of liability
    33  incurred in accordance with section  eleven  hundred  eighty-b  of  this
    34  chapter  or  fails  to appear on a designated hearing date or subsequent
    35  adjourned date or fails after a hearing to comply with the determination
    36  of a hearing examiner, as prescribed by this article or by rule or regu-
    37  lation of the bureau, such failure to plead, appear or comply  shall  be
    38  deemed, for all purposes, an admission of liability and shall be grounds
    39  for  rendering  and entering a default judgment in an amount provided by
    40  the rules and regulations of the bureau. However, after  the  expiration
    41  of the original date prescribed for entering a plea and before a default

    42  judgment  may be rendered, in such case the bureau shall pursuant to the
    43  applicable provisions of law notify such operator or owner, by such form
    44  of first class mail as the commission may direct; (1) of  the  violation
    45  charged  or liability in accordance with section eleven hundred eighty-b
    46  of this chapter alleged, (2) of the impending default judgment, (3) that
    47  such judgment will be entered in the Civil Court of the  city  in  which
    48  the bureau has been established, or other court of civil jurisdiction or
    49  any  other  place  provided  for the entry of civil judgments within the
    50  state of New York, and (4) that a default may be avoided by  entering  a
    51  plea or contesting an allegation of liability in accordance with section
    52  eleven  hundred  eighty-b of this chapter or making an appearance within

    53  thirty days of the sending of such notice.  Pleas  entered  within  that
    54  period  shall  be in the manner prescribed in the notice and not subject
    55  to additional penalty or fee. Such notice of impending default  judgment
    56  shall  not  be  required prior to the rendering and entry thereof in the

        A. 7737--A                         15
 
     1  case of operators or owners who are non-residents of the  state  of  New
     2  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
     3  required, a notice of impending default judgment be sent, more than  two
     4  years  after  the expiration of the time prescribed for entering a plea.
     5  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
     6  imposed  for  any  reason,  prior  to the holding of the hearing. If the
     7  hearing examiner shall make a determination on the  charges,  sustaining

     8  them,  he  shall impose no greater penalty or fine than those upon which
     9  the person was originally charged.
    10    § 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    11  of the vehicle and traffic law, as amended by section 1 of  part  SS  of
    12  chapter 57 of the laws of 2010, is amended to read as follows:
    13    (i) If at the time of application for a registration or renewal there-
    14  of  there  is  a  certification from a court, parking violations bureau,
    15  traffic and parking violations  agency  or  administrative  tribunal  of
    16  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    17  jurisdiction that the registrant or his or her representative failed  to
    18  appear  on the return date or any subsequent adjourned date or failed to
    19  comply with the rules and  regulations  of  an  administrative  tribunal

    20  following  entry  of a final decision in response to a total of three or
    21  more summonses or other process in the aggregate, issued within an eigh-
    22  teen month period, charging either that:  (i)  such  motor  vehicle  was
    23  parked, stopped or standing, or that such motor vehicle was operated for
    24  hire  by  the registrant or his or her agent without being licensed as a
    25  motor vehicle for hire by the appropriate local authority, in  violation
    26  of  any of the provisions of this chapter or of any law, ordinance, rule
    27  or regulation made by a local authority;  or  (ii)  the  registrant  was
    28  liable  in accordance with section eleven hundred eleven-a of this chap-
    29  ter or section eleven hundred eleven-b of this chapter for  a  violation
    30  of  subdivision (d) of section eleven hundred eleven of this chapter; or
    31  (iii) the registrant  was  liable  in  accordance  with  section  eleven

    32  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
    33  restriction as defined in such  section,  or  (iv)  the  registrant  was
    34  liable  in accordance with section eleven hundred eighty-b of this chap-
    35  ter for a violation of subdivision (c) or (d) of section eleven  hundred
    36  eighty  of this chapter, the commissioner or his or her agent shall deny
    37  the registration or renewal application  until  the  applicant  provides
    38  proof  from the court, traffic and parking violations agency or adminis-
    39  trative tribunal wherein the charges are pending that an  appearance  or
    40  answer  has  been made or in the case of an administrative tribunal that
    41  he or she has complied with the rules and regulations of  said  tribunal
    42  following  entry  of  a  final  decision. Where an application is denied

    43  pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
    44  discretion,  deny  a  registration  or  renewal application to any other
    45  person for the same vehicle and  may  deny  a  registration  or  renewal
    46  application  for  any  other motor vehicle registered in the name of the
    47  applicant where the commissioner has determined that  such  registrant's
    48  intent  has been to evade the purposes of this subdivision and where the
    49  commissioner has reasonable grounds to believe that such registration or
    50  renewal will have the effect of defeating the purposes of this  subdivi-
    51  sion.  Such  denial shall only remain in effect as long as the summonses
    52  remain unanswered, or in the case of  an  administrative  tribunal,  the
    53  registrant  fails  to  comply  with  the rules and regulations following
    54  entry of a final decision.


        A. 7737--A                         16
 
     1    § 9-a. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
     2  and  traffic  law, as amended by section 8-a of part II of chapter 59 of
     3  the laws of 2010, is amended to read as follows:
     4    a. If at the time of application for a registration or renewal thereof
     5  there  is  a  certification  from  a court or administrative tribunal of
     6  appropriate jurisdiction that the registrant or  his  or  her  represen-
     7  tative  failed  to appear on the return date or any subsequent adjourned
     8  date or failed to comply with the rules and regulations of  an  adminis-
     9  trative  tribunal  following  entry of a final decision in response to a
    10  total of three or more summonses or  other  process  in  the  aggregate,
    11  issued  within  an eighteen month period, charging either that: (i) such

    12  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    13  cle  was operated for hire by the registrant or his or her agent without
    14  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    15  authority,  in  violation of any of the provisions of this chapter or of
    16  any law, ordinance, rule or regulation made by  a  local  authority;  or
    17  (ii) the registrant was liable in accordance with section eleven hundred
    18  eleven-b  of  this chapter for a violation of subdivision (d) of section
    19  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    20  liable  in accordance with section eleven hundred eleven-c of this chap-
    21  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    22  section;  or  (iv)  the registrant was liable in accordance with section
    23  eleven hundred eighty-b of this chapter for a violation  of  subdivision

    24  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
    25  sioner or his or her agent shall deny the registration or renewal appli-
    26  cation  until the applicant provides proof from the court or administra-
    27  tive tribunal wherein the charges are  pending  that  an  appearance  or
    28  answer  has  been made or in the case of an administrative tribunal that
    29  he or she has complied with the rules and regulations of  said  tribunal
    30  following  entry  of  a  final  decision. Where an application is denied
    31  pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
    32  discretion,  deny  a  registration  or  renewal application to any other
    33  person for the same vehicle and  may  deny  a  registration  or  renewal
    34  application  for  any  other motor vehicle registered in the name of the
    35  applicant where the commissioner has determined that  such  registrant's

    36  intent  has been to evade the purposes of this subdivision and where the
    37  commissioner has reasonable grounds to believe that such registration or
    38  renewal will have the effect of defeating the purposes of this  subdivi-
    39  sion.  Such  denial shall only remain in effect as long as the summonses
    40  remain unanswered, or in the case of  an  administrative  tribunal,  the
    41  registrant  fails  to  comply  with  the rules and regulations following
    42  entry of a final decision.
    43    § 9-b. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    44  and  traffic  law, as amended by section 8-b of part II of chapter 59 of
    45  the laws of 2010, is amended to read as follows:
    46    a. If at the time of application for a registration or renewal thereof
    47  there is a certification from a  court  or  administrative  tribunal  of
    48  appropriate  jurisdiction  that  the  registrant or his or her represen-

    49  tative failed to appear on the return date or any  subsequent  adjourned
    50  date  or  failed to comply with the rules and regulations of an adminis-
    51  trative tribunal following entry of a  final  decision  in  response  to
    52  three  or  more  summonses  or  other process, issued within an eighteen
    53  month period, charging that such motor vehicle was  parked,  stopped  or
    54  standing, or that such motor vehicle was operated for hire by the regis-
    55  trant  or his or her agent without being licensed as a motor vehicle for
    56  hire by the appropriate local authority, in  violation  of  any  of  the

        A. 7737--A                         17
 
     1  provisions  of this chapter or of any law, ordinance, rule or regulation
     2  made by a local authority or the registrant  was  liable  in  accordance
     3  with  section eleven hundred eleven-c of this chapter for a violation of

     4  a bus lane restriction as defined in such section, or the registrant was
     5  liable  in accordance with section eleven hundred eighty-b of this chap-
     6  ter for a violation of subdivision (c) or (d) of section eleven  hundred
     7  eighty  of this chapter, the commissioner or his or her agent shall deny
     8  the registration or renewal application  until  the  applicant  provides
     9  proof  from the court or administrative tribunal wherein the charges are
    10  pending that an appearance or answer has been made or in the case of  an
    11  administrative  tribunal  that he or she has complied with the rules and
    12  regulations of said tribunal following entry of a final decision.  Where
    13  an application is denied pursuant to this section, the commissioner may,
    14  in  his or her discretion, deny a registration or renewal application to

    15  any other person for the same vehicle and may  deny  a  registration  or
    16  renewal  application  for any other motor vehicle registered in the name
    17  of the applicant where the commissioner has determined that such  regis-
    18  trant's  intent  has  been to evade the purposes of this subdivision and
    19  where the commissioner has  reasonable  grounds  to  believe  that  such
    20  registration  or  renewal will have the effect of defeating the purposes
    21  of this subdivision. Such denial shall only remain in effect as long  as
    22  the  summonses  remain  unanswered,  or in the case of an administrative
    23  tribunal, the registrant fails to comply with the rules and  regulations
    24  following entry of a final decision.
    25    §  9-c.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    26  and traffic law, as separately amended by chapters 339 and  592  of  the
    27  laws of 1987, is amended to read as follows:

    28    a. If at the time of application for a registration or renewal thereof
    29  there  is  a  certification  from  a court or administrative tribunal of
    30  appropriate jurisdiction  that  the  registrant  or  his  representative
    31  failed  to appear on the return date or any subsequent adjourned date or
    32  failed to comply with the rules and  regulations  of  an  administrative
    33  tribunal  following  entry  of  a final decision in response to three or
    34  more summonses or other process, issued within an eighteen month period,
    35  charging that such motor vehicle was parked,  stopped  or  standing,  or
    36  that  such  motor vehicle was operated for hire by the registrant or his
    37  agent without being licensed as a motor vehicle for hire by  the  appro-
    38  priate  local  authority,  in violation of any of the provisions of this
    39  chapter or of any law, ordinance, rule or regulation  made  by  a  local

    40  authority, or the registrant was liable in accordance with section elev-
    41  en  hundred  eighty-b of this chapter for violations of subdivisions (c)
    42  and (d) of section eleven hundred eighty of this  chapter,  the  commis-
    43  sioner  or  his agent shall deny the registration or renewal application
    44  until the applicant provides proof  from  the  court  or  administrative
    45  tribunal  wherein  the  charges are pending that an appearance or answer
    46  has been made or in the case of an administrative tribunal that  he  has
    47  complied with the rules and regulations of said tribunal following entry
    48  of  a  final  decision.  Where an application is denied pursuant to this
    49  section, the commissioner may, in his discretion, deny a registration or
    50  renewal application to any other person for the  same  vehicle  and  may

    51  deny  a  registration or renewal application for any other motor vehicle
    52  registered in the name of  the  applicant  where  the  commissioner  has
    53  determined  that such registrant's intent has been to evade the purposes
    54  of this subdivision and where the commissioner has reasonable grounds to
    55  believe that such registration  or  renewal  will  have  the  effect  of
    56  defeating  the  purposes  of  this  subdivision.  Such denial shall only

        A. 7737--A                         18
 
     1  remain in effect as long as the summonses remain unanswered, or  in  the
     2  case  of an administrative tribunal, the registrant fails to comply with
     3  the rules and regulations following entry of a final decision.
     4    §  10.  The vehicle and traffic law is amended by adding a new section
     5  1180-b to read as follows:

     6    § 1180-b. Owner liability for  failure  of  operator  to  comply  with
     7  applicable  maximum  speed limit. 1. Notwithstanding any other provision
     8  of law, each city with a population of one million  or  more  is  hereby
     9  authorized  and  empowered to establish a demonstration program imposing
    10  monetary liability on the owner of a vehicle for failure of an  operator
    11  thereof  to  comply with the applicable maximum speed limit in such city
    12  in accordance with the  provisions  of  this  section.  Such  city,  for
    13  purposes  of  the  implementation  of  such program, shall operate speed
    14  limit photo devices within such city at no more than forty and no  fewer
    15  than  twenty  locations at any one time during any year of such program.

    16  Such speed limit photo devices may be stationary or mobile and shall  be
    17  activated  at  locations selected by such city, except that no more than
    18  twenty locations shall  be  activated  with  mobile  speed  limit  photo
    19  devices  at  any one time during any year of such demonstration program.
    20  Such speed limit photo devices shall be  installed  based  on  a  demon-
    21  strated need, which shall be determined by a number of criteria, includ-
    22  ing but not limited to speeding data, accident history and roadway geom-
    23  etry.
    24    2.  In  any city that has established a demonstration program pursuant
    25  to subdivision one of this section, the owner  of  a  vehicle  shall  be
    26  liable  for  a  penalty imposed pursuant to this section if such vehicle

    27  was used or operated with  the  permission  of  the  owner,  express  or
    28  implied,  in  violation  of  subdivision  (c)  or  (d) of section eleven
    29  hundred eighty of this article,  and  such  violation  is  evidenced  by
    30  information  obtained  from a speed limit photo device; provided however
    31  that no owner of a vehicle shall be liable for a penalty imposed  pursu-
    32  ant  to  this  section  where  the  operator  of  such  vehicle has been
    33  convicted of the underlying violation  of  subdivision  (c)  or  (d)  of
    34  section eleven hundred eighty of this article.
    35    3.  Such demonstration program shall utilize necessary technologies to
    36  ensure, to the extent practicable, that  photographs  produced  by  such

    37  speed  limit  photo  devices  shall not include images that identify the
    38  driver, the passengers or the contents of the vehicle, provided,  howev-
    39  er, that no notice of liability issued pursuant to this section shall be
    40  dismissed solely because a photograph or photographs allow for the iden-
    41  tification of the driver, the passengers or other contents of a vehicle,
    42  provided  that such city has made a reasonable effort to comply with the
    43  provisions of this subdivision.
    44    4. Such demonstration program shall include a prohibition on  the  use
    45  or dissemination of vehicles' license plate information and other infor-
    46  mation and images captured by speed cameras except as required to estab-

    47  lish  liability  under  this  section  or  collect payment of penalties;
    48  except as required to respond to a request by law enforcement  officials
    49  pertaining to a specific accident or specific incident of alleged crimi-
    50  nal conduct; or except as otherwise required by law.
    51    5.  For  purposes  of  this  section,  "owner"  shall have the meaning
    52  provided in  section  two  hundred  thirty-nine  of  this  chapter.  For
    53  purposes  of  this section, "speed limit photo device" shall mean equip-
    54  ment that takes a film or digital camera-based  photograph,  microphoto-
    55  graph,  video,  or other recorded image which is linked with a violation
    56  detection system that synchronizes the taking of such image of a vehicle


        A. 7737--A                         19
 
     1  at the time the vehicle is used or operated in violation of  subdivision
     2  (c) or (d) of section eleven hundred eighty of this article.
     3    6. A certificate, sworn to or affirmed by a technician employed by the
     4  city  in  which the charged violation occurred or its vendor or contrac-
     5  tor, or a facsimile  thereof,  based  upon  inspection  of  photographs,
     6  microphotographs, videotape or other recorded images produced by a speed
     7  limit photo device, shall be prima facie evidence of the facts contained
     8  therein.  Any photographs, microphotographs, videotape or other recorded
     9  images evidencing such a violation shall be available for inspection  in
    10  any  proceeding  to adjudicate the liability for such violation pursuant

    11  to this section.
    12    7. An owner liable for a  violation  of  subdivision  (c)  or  (d)  of
    13  section  eleven hundred eighty of this article shall be liable for mone-
    14  tary penalties in accordance with a  schedule  of  fines  and  penalties
    15  promulgated  by  the  parking  violations bureau of such city; provided,
    16  however, that the monetary penalty for driving at a speed in  excess  of
    17  the  maximum  speed  limit  by  ten or more miles per hour and less than
    18  thirty miles per hour shall not exceed fifty dollars, and  the  monetary
    19  penalty  for  driving  in excess of the maximum speed limit by thirty or
    20  more miles per hour shall not  exceed  one  hundred  dollars;  provided,
    21  further,  that an owner shall be liable for an additional penalty not to

    22  exceed twenty-five dollars for each violation for the failure to respond
    23  to a notice of liability within the prescribed time period.
    24    8. An imposition of liability pursuant to this section  shall  not  be
    25  deemed  a  conviction  as  an operator and shall not be made part of the
    26  operating record of the person upon whom such liability is  imposed  nor
    27  shall  it be used for insurance purposes in the provision of motor vehi-
    28  cle insurance coverage.
    29    9. (a) A notice of liability shall be sent  by  first  class  mail  in
    30  accordance  with  this section to each person alleged to be liable as an
    31  owner for a violation of  subdivision  (c)  or  (d)  of  section  eleven
    32  hundred eighty of this article. Personal delivery on the owner shall not

    33  be  required.  A  manual  or automatic record of mailing prepared in the
    34  ordinary course of business shall be prima facie evidence of  the  facts
    35  contained therein.
    36    (b)  A  notice  of liability shall contain the name and address of the
    37  person alleged to be liable as an owner for a violation  of  subdivision
    38  (c)  or (d) of section eleven hundred eighty of this article, the regis-
    39  tration number of the vehicle involved in such violation,  the  location
    40  where such violation took place, the date and time of such violation and
    41  the identification number of the speed limit photo device which recorded
    42  the violation or other document locator number.
    43    (c)  The  notice  of  liability shall contain information advising the

    44  person charged of the manner and the time in which he or she may contest
    45  the liability alleged in the notice. Such notice of liability shall also
    46  contain a warning to advise the persons charged that failure to  contest
    47  in  the manner and time provided shall be deemed an admission of liabil-
    48  ity and that a default judgment may be entered thereon.
    49    (d) The notice of liability shall be prepared and mailed by the agency
    50  or agencies designated by such city.
    51    10. If an owner of a vehicle receives a notice of  liability  pursuant
    52  to  this  section  for  any  time  period  during which such vehicle was
    53  reported to the police department as having been stolen, it shall  be  a
    54  valid  defense to an allegation of liability for a violation of subdivi-

    55  sion (c) or (d) of section eleven hundred eighty of  this  article  that
    56  the  vehicle had been reported to the police as stolen prior to the time

        A. 7737--A                         20
 
     1  the violation occurred and had not been  recovered  by  such  time.  For
     2  purposes  of asserting the defense provided by this subdivision it shall
     3  be sufficient that an original incident form issued by the police on the
     4  stolen  vehicle  be  sent  by first class mail to the parking violations
     5  bureau of such city.
     6    11. (a) An owner who is a lessor of a vehicle to  which  a  notice  of
     7  liability  was issued pursuant to subdivision nine of this section shall
     8  not be liable for the violation of subdivision (c)  or  (d)  of  section

     9  eleven hundred eighty of this article, provided that:
    10    (i)  prior  to  the  violation, the lessor has filed with such parking
    11  violations bureau in accordance  with  the  provisions  of  section  two
    12  hundred thirty-nine of this chapter; and
    13    (ii)  within thirty-seven days after receiving notice from such bureau
    14  of the date and time of a liability, together with the other information
    15  contained in the original notice of liability,  the  lessor  submits  to
    16  such  bureau  the  correct name and address of the lessee of the vehicle
    17  identified in the notice of liability at the  time  of  such  violation,
    18  together with such other additional information contained in the rental,
    19  lease  or other contract document, as may be reasonably required by such

    20  bureau pursuant to regulations that may be promulgated for such purpose.
    21    (b) Failure to comply with subparagraph (ii) of paragraph (a) of  this
    22  subdivision  shall render the owner liable for the penalty prescribed in
    23  this section.
    24    (c) Where the lessor complies with the provisions of paragraph (a)  of
    25  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    26  violation shall be deemed to be the owner of such vehicle  for  purposes
    27  of this section, shall be subject to liability for such violation pursu-
    28  ant  to this section and shall be sent a notice of liability pursuant to
    29  subdivision nine of this section.
    30    12. If the owner liable for a violation of subdivision (c) or  (d)  of

    31  section  eleven  hundred eighty of this article pursuant to this section
    32  was not the operator of the vehicle at the time of  the  violation,  the
    33  owner may maintain an action for indemnification against the operator.
    34    13.  Nothing in this section shall be construed to limit the liability
    35  of an operator of a vehicle for any violation of subdivision (c) or  (d)
    36  of section eleven hundred eighty of this article.
    37    14.  Any city that adopts a demonstration program pursuant to subdivi-
    38  sion one of this section shall submit a report on the results of the use
    39  of speed limit photo devices to the governor, the temporary president of
    40  the senate and the speaker of the assembly by April first, two  thousand

    41  fifteen. Such report shall include, but not be limited to:
    42    (a)  a  description  of  the locations where speed limit photo devices
    43  were used;
    44    (b) the number of violations recorded at each such location and in the
    45  aggregate on a daily, weekly and monthly basis;
    46    (c) the total number of notices of liability issued;
    47    (d) the number of fines and total amount of  fines  paid  after  first
    48  notice of liability;
    49    (e)  the  number of violations adjudicated and results of such adjudi-
    50  cations including breakdowns of dispositions made;
    51    (f) the total amount of revenue realized by such city; and
    52    (g) quality of the adjudication process and its results.

    53    § 11. The opening paragraph and paragraph  (c)  of  subdivision  1  of
    54  section 1809 of the vehicle and traffic law, as amended by section 10 of
    55  part  II  of  chapter  59  of  the  laws of 2010, are amended to read as
    56  follows:

        A. 7737--A                         21
 
     1    Whenever proceedings in an administrative tribunal or a court of  this
     2  state  result  in  a  conviction  for an offense under this chapter or a
     3  traffic infraction under this chapter, or a local law,  ordinance,  rule
     4  or  regulation  adopted  pursuant  to this chapter, other than a traffic
     5  infraction  involving  standing,  stopping,  or parking or violations by
     6  pedestrians or bicyclists, or other than an adjudication of liability of
     7  an owner for a violation of subdivision (d) of  section  eleven  hundred
     8  eleven  of  this  chapter  in  accordance  with  section  eleven hundred

     9  eleven-a of this chapter, or other than an adjudication of liability  of
    10  an  owner  for  a violation of subdivision (d) of section eleven hundred
    11  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    12  eleven-b  of  this  chapter, or other than an adjudication in accordance
    13  with section eleven hundred eleven-c of this chapter for a violation  of
    14  a  bus  lane  restriction  as  defined in such section, or other than an
    15  adjudication of liability of an owner for a violation of subdivision (c)
    16  or (d) of section eleven hundred eighty of this  chapter  in  accordance
    17  with  section  eleven  hundred  eighty-b of this chapter, there shall be
    18  levied a crime victim assistance fee and a mandatory surcharge, in addi-
    19  tion to any sentence required or permitted by law,  in  accordance  with
    20  the following schedule:

    21    (c)  Whenever  proceedings in an administrative tribunal or a court of
    22  this state result in a conviction for  an  offense  under  this  chapter
    23  other than a crime pursuant to section eleven hundred ninety-two of this
    24  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    25  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    26  than  a  traffic  infraction involving standing, stopping, or parking or
    27  violations by pedestrians or bicyclists, or other than  an  adjudication
    28  of  liability  of an owner for a violation of subdivision (d) of section
    29  eleven hundred eleven of this chapter in accordance with section  eleven
    30  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    31  liability of an owner for a violation  of  subdivision  (d)  of  section
    32  eleven  hundred eleven of this chapter in accordance with section eleven

    33  hundred eleven-b of this chapter, or other than an  infraction  pursuant
    34  to article nine of this chapter or other than an adjudication of liabil-
    35  ity  of an owner for a violation of toll collection regulations pursuant
    36  to section two thousand nine hundred eighty-five of the public  authori-
    37  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    38  hundred seventy-four of the laws of nineteen hundred fifty or other than
    39  an  adjudication  in  accordance with section eleven hundred eleven-c of
    40  this chapter for a violation of a bus lane  restriction  as  defined  in
    41  such section, or other than an adjudication of liability of an owner for
    42  a  violation  of subdivision (c) or (d) of section eleven hundred eighty
    43  of this chapter in accordance with section eleven  hundred  eighty-b  of

    44  this chapter, there shall be levied a crime victim assistance fee in the
    45  amount  of  five  dollars  and a mandatory surcharge, in addition to any
    46  sentence required or permitted by  law,  in  the  amount  of  fifty-five
    47  dollars.
    48    §  11-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
    49  as amended by section 10-a of part II of chapter 59 of the laws of 2010,
    50  is amended to read as follows:
    51    1. Whenever proceedings in an administrative tribunal or  a  court  of
    52  this  state  result  in a conviction for a crime under this chapter or a
    53  traffic infraction under this chapter, or a local law,  ordinance,  rule
    54  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    55  infraction involving standing, stopping, parking or motor vehicle equip-
    56  ment or violations by pedestrians or bicyclists, or other than an  adju-

        A. 7737--A                         22
 
     1  dication  of liability of an owner for a violation of subdivision (d) of
     2  section eleven hundred eleven of this chapter in accordance with section
     3  eleven hundred eleven-a of this chapter, or other than  an  adjudication
     4  of  liability  of an owner for a violation of subdivision (d) of section
     5  eleven hundred eleven of this chapter in accordance with section  eleven
     6  hundred  eleven-b  of  this  chapter,  or  other than an adjudication in
     7  accordance with section eleven hundred eleven-c of this  chapter  for  a
     8  violation of a bus lane restriction as defined in such section, or other
     9  than  an adjudication of liability of an owner for a violation of subdi-
    10  vision (c) or (d) of section eleven hundred eighty of  this  chapter  in

    11  accordance  with  section eleven hundred eighty-b of this chapter, there
    12  shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
    13  required or permitted by law, in the amount of twenty-five dollars.
    14    §  11-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
    15  as amended by section 10-b of part II of chapter 59 of the laws of 2010,
    16  is amended to read as follows:
    17    1. Whenever proceedings in an administrative tribunal or  a  court  of
    18  this  state  result  in a conviction for a crime under this chapter or a
    19  traffic infraction under this chapter other than  a  traffic  infraction
    20  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    21  violations by pedestrians or bicyclists, or other than  an  adjudication
    22  in accordance with section eleven hundred eleven-c of this chapter for a

    23  violation of a bus lane restriction as defined in such section, or other
    24  than  an adjudication of liability of an owner for a violation of subdi-
    25  vision (c) or (d) of section eleven hundred eighty of  this  chapter  in
    26  accordance  with  section eleven hundred eighty-b of this chapter, there
    27  shall be levied a mandatory  surcharge,  in  addition  to  any  sentence
    28  required or permitted by law, in the amount of seventeen dollars.
    29    §  11-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
    30  as separately amended by chapter 16 of the laws of 1983 and  chapter  62
    31  of the laws of 1989, is amended to read as follows:
    32    1.  Whenever  proceedings  in an administrative tribunal or a court of
    33  this state result in a conviction for a crime under this  chapter  or  a

    34  traffic  infraction  under  this chapter other than a traffic infraction
    35  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    36  violations  by  pedestrians or bicyclists, or other than an adjudication
    37  of liability of an owner for a violation of subdivision (c)  or  (d)  of
    38  section eleven hundred eighty of this chapter in accordance with section
    39  eleven  hundred eighty-b of this chapter, there shall be levied a manda-
    40  tory surcharge, in addition to any sentence  required  or  permitted  by
    41  law, in the amount of seventeen dollars.
    42    §  12.  Subdivision  2  of  section  87  of the public officers law is
    43  amended by adding a new paragraph (m) to read as follows:
    44    (m) are photographs, microphotographs,  videotape  or  other  recorded

    45  images  produced  by a speed limit photo device prepared under authority
    46  of section eleven hundred eighty-b of the vehicle and traffic law.
    47    § 13. This act shall take effect on the thirtieth day after  it  shall
    48  have  become  a  law  and shall expire 5 years after such effective date
    49  when upon such date the provisions of this act shall be deemed repealed;
    50  and provided further that any rules necessary for the implementation  of
    51  this  act  on  its effective date shall be promulgated on or before such
    52  date, provided that:
    53    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
    54  traffic law made by section one of this act shall not affect the expira-
    55  tion  of  such subdivision and shall be deemed to expire therewith, when

        A. 7737--A                         23
 

     1  upon such date the provisions of section one-a of this  act  shall  take
     2  effect;
     3    (b)  the amendments to section 235 of the vehicle and traffic law made
     4  by section one-a of this act shall not affect  the  expiration  of  such
     5  section and shall be deemed to expire therewith, when upon such date the
     6  provisions of section one-b of this act shall take effect;
     7    (c)  the amendments to section 235 of the vehicle and traffic law made
     8  by section one-b of this act shall not affect  the  expiration  of  such
     9  section and shall be deemed to expire therewith, when upon such date the
    10  provisions of section one-c of this act shall take effect;
    11    (d)  the amendments to section 235 of the vehicle and traffic law made
    12  by section one-c of this act shall not affect  the  expiration  of  such
    13  section and shall be deemed to expire therewith, when upon such date the

    14  provisions of section one-d of this act shall take effect;
    15    (e)  the amendments to subdivision 1 of section 236 of the vehicle and
    16  traffic law made by section two of this act shall not affect the expira-
    17  tion of such subdivision and shall be deemed to expire  therewith,  when
    18  upon  such  date  the provisions of section two-a of this act shall take
    19  effect;
    20    (f) the amendments to subdivision 1 of section 236 of the vehicle  and
    21  traffic law made by section two-a of this act shall not affect the expi-
    22  ration of such subdivision and shall be deemed to expire therewith, when
    23  upon  such  date  the provisions of section two-b of this act shall take
    24  effect;
    25    (g) the amendments to subdivision 1 of section 236 of the vehicle  and
    26  traffic law made by section two-b of this act shall not affect the expi-
    27  ration of such subdivision and shall be deemed to expire therewith, when

    28  upon  such  date  the provisions of section two-c of this act shall take
    29  effect;
    30    (h) the amendments to subdivision 12 of section 237 of the vehicle and
    31  traffic law made by section three of  this  act  shall  not  affect  the
    32  repeal of such subdivision and shall be deemed to be repealed therewith,
    33  when  upon such date the provisions of section three-a of this act shall
    34  take effect;
    35    (i) the amendments to paragraph f of subdivision 1 of section  239  of
    36  the  vehicle  and traffic law made by section four of this act shall not
    37  affect the expiration of such paragraph and shall be  deemed  to  expire
    38  therewith,  when upon such date the provisions of section four-a of this
    39  act shall take effect;
    40    (j) the amendments to paragraph f of subdivision 1 of section  239  of
    41  the vehicle and traffic law made by section four-a of this act shall not

    42  affect  the  expiration  of such paragraph and shall be deemed to expire
    43  therewith, when upon such date the provisions of section four-b of  this
    44  act shall take effect;
    45    (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
    46  the vehicle and traffic law made by section four-b of this act shall not
    47  affect the expiration of such paragraph and shall be  deemed  to  expire
    48  therewith,  when upon such date the provisions of section four-c of this
    49  act shall take effect;
    50    (l) the amendments to subdivision 4 of section 239 of the vehicle  and
    51  traffic law made by section five of this act shall not affect the repeal
    52  of  such  subdivision and shall be deemed to be repealed therewith, when
    53  upon such date the provisions of section five-a of this act  shall  take
    54  effect;
    55    (m)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the

    56  vehicle and traffic law made by section six of this act shall not affect

        A. 7737--A                         24
 
     1  the expiration of such subdivisions and shall be deemed to expire there-
     2  with, when upon such date the provisions of section six-a  of  this  act
     3  shall take effect;
     4    (n)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
     5  vehicle and traffic law made by section six-a  of  this  act  shall  not
     6  affect the expiration of such subdivisions and shall be deemed to expire
     7  therewith,  when  upon such date the provisions of section six-b of this
     8  act shall take effect;
     9    (o) the amendments to subdivisions 1 and 1-a of  section  240  of  the
    10  vehicle  and  traffic  law  made  by section six-b of this act shall not
    11  affect the expiration of such subdivisions and shall be deemed to expire

    12  therewith, when upon such date the provisions of section six-c  of  this
    13  act shall take effect;
    14    (p)  the  amendments to paragraphs a and g of subdivision 2 of section
    15  240 of the vehicle and traffic law made by section  seven  of  this  act
    16  shall  not  affect the expiration of such paragraphs and shall be deemed
    17  to expire therewith, when upon  such  date  the  provisions  of  section
    18  seven-a of this act shall take effect;
    19    (q)  the  amendments to paragraphs a and g of subdivision 2 of section
    20  240 of the vehicle and traffic law made by section seven-a of  this  act
    21  shall  not  affect the expiration of such paragraphs and shall be deemed
    22  to expire therewith, when upon  such  date  the  provisions  of  section
    23  seven-b of this act shall take effect;
    24    (r)  the  amendments to paragraphs a and g of subdivision 2 of section

    25  240 of the vehicle and traffic law made by section seven-b of  this  act
    26  shall  not  affect the expiration of such paragraphs and shall be deemed
    27  to expire therewith, when upon  such  date  the  provisions  of  section
    28  seven-c of this act shall take effect;
    29    (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    30  cle  and  traffic law made by section eight of this act shall not affect
    31  the expiration of such subdivisions and shall be deemed to expire there-
    32  with, when upon such date the provisions of section eight-a of this  act
    33  shall take effect;
    34    (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    35  cle and traffic law made by section eight-a of this act shall not affect
    36  the expiration of such subdivisions and shall be deemed to expire there-
    37  with,  when upon such date the provisions of section eight-b of this act
    38  shall take effect;

    39    (u) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    40  cle and traffic law made by section eight-b of this act shall not affect
    41  the expiration of such subdivisions and shall be deemed to expire there-
    42  with, when upon such date the provisions of section eight-c of this  act
    43  shall take effect;
    44    (v)  the  amendments to subparagraph (i) of paragraph a of subdivision
    45  5-a of section 401 of the vehicle and traffic law made by  section  nine
    46  of  this  act  shall  not affect the expiration of such subparagraph and
    47  shall be deemed to expire therewith, when upon such date the  provisions
    48  of section nine-a of this act shall take effect;
    49    (w) the amendments to paragraph a of subdivision 5-a of section 401 of
    50  the vehicle and traffic law made by section nine-a of this act shall not
    51  affect  the  expiration  of such paragraph and shall be deemed to expire

    52  therewith, when upon such date the provisions of section nine-b of  this
    53  act shall take effect;
    54    (x) the amendments to paragraph a of subdivision 5-a of section 401 of
    55  the vehicle and traffic law made by section nine-b of this act shall not
    56  affect  the  expiration  of such paragraph and shall be deemed to expire

        A. 7737--A                         25
 
     1  therewith, when upon such date the provisions of section nine-c of  this
     2  act shall take effect;
     3    (y) the amendments to subdivision 1 of section 1809 of the vehicle and
     4  traffic  law  made  by  section  eleven of this act shall not affect the
     5  expiration of such subdivision and shall be deemed to expire  therewith,
     6  when upon such date the provisions of section eleven-a of this act shall
     7  take effect;
     8    (z) the amendments to subdivision 1 of section 1809 of the vehicle and

     9  traffic  law  made  by section eleven-a of this act shall not affect the
    10  expiration of such subdivision and shall be deemed to expire  therewith,
    11  when upon such date the provisions of section eleven-b of this act shall
    12  take effect; and
    13    (aa)  the  amendments  to subdivision 1 of section 1809 of the vehicle
    14  and traffic law made by section eleven-b of this act  shall  not  affect
    15  the  expiration of such subdivision and shall be deemed to expire there-
    16  with, when upon such date the provisions of section eleven-c of this act
    17  shall take effect.
Go to top