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A04327 Summary:

BILL NOA04327A
 
SAME ASSAME AS S04459-A
 
SPONSORGlick (MS)
 
COSPNSRMillman, Cook, Gottfried, Weprin, Titone, Rosenthal, Ortiz, Brook-Krasny, Hevesi, Markey, Moya, Clark, Quart, Gjonaj, Kellner, Skoufis, Gabryszak, Miller, Aubry, Hennessey, McDonald, Crespo
 
MLTSPNSRArroyo, Benedetto, Boyland, Brennan, Camara, Colton, Cymbrowitz, DenDekker, Dinowitz, Kim, Lupardo, O'Donnell, Robinson, Schimel, Sepulveda, Stevenson, Thiele, Titus, Weinstein, 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 speed limit in school speed zones 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.
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A04327 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4327--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2013
                                       ___________
 
        Introduced  by M. of A. GLICK, MILLMAN, COOK, GOTTFRIED, WEPRIN, TITONE,
          ROSENTHAL, ORTIZ, BROOK-KRASNY, HEVESI, MARKEY, MAISEL,  MOYA,  CLARK,
          QUART,  GJONAJ,  KELLNER, SKOUFIS, GABRYSZAK, MILLER, AUBRY, HENNESSEY
          -- Multi-Sponsored by -- M. of A. ARROYO, BENEDETTO, BOYLAND, BRENNAN,
          CAMARA, COLTON, CRESPO, CYMBROWITZ, DenDEKKER, DINOWITZ, GIBSON,  KIM,

          LUPARDO,  O'DONNELL,  ROBINSON, SCHIMEL, SEPULVEDA, STEVENSON, THIELE,
          TITUS, WEISENBERG -- read once and referred to the Committee on Trans-
          portation -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law and the public officers law,
          in relation to establishing in a city with a population of one million
          or  more a demonstration program implementing speed violation monitor-
          ing systems in school speed zones  by  means  of  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.
                                                                   LBD04605-05-3

        A. 4327--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 subdivision
     8  (b), (c), (d), (f) or (g) of such section, or to adjudicate the  liabil-
     9  ity  of  owners  for violations of section eleven hundred eighty of this
    10  chapter in accordance with section eleven hundred eighty-b of this chap-
    11  ter, such tribunal and the  rules  and  regulations  pertaining  thereto
    12  shall  be  constituted  in  substantial  conformance  with the following
    13  sections.
    14    § 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    15  section  1-a of part II of chapter 59 of the laws of 2010, is amended to
    16  read as follows:
    17    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    18  general, special or local law or administrative code to the contrary, in

    19  any city which heretofore or hereafter is  authorized  to  establish  an
    20  administrative  tribunal  to  hear  and  determine complaints of traffic
    21  infractions constituting parking, standing or stopping violations, or to
    22  adjudicate the liability of owners for violations of subdivision (d)  of
    23  section eleven hundred eleven of this chapter in accordance with section
    24  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    25  of owners for violations of subdivision (d) of  section  eleven  hundred
    26  eleven  of  this  chapter  in  accordance  with  sections eleven hundred
    27  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    28  ty,  twenty-one,  and twenty-two of the laws of two thousand nine, or to
    29  adjudicate the liability of owners for  violations  of  toll  collection
    30  regulations  as  defined  in  and  in  accordance with the provisions of

    31  section two thousand nine hundred eighty-five of the public  authorities
    32  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    33  hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
    34  dicate  liability  of  owners  in accordance with section eleven hundred
    35  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    36  defined  in  such  section, or to adjudicate the liability of owners for
    37  violations of subdivision (b), (c), (d), (f) or (g)  of  section  eleven
    38  hundred eighty of this chapter in accordance with section eleven hundred
    39  eighty-b  of  this  chapter, such tribunal and the rules and regulations
    40  pertaining thereto shall be constituted in substantial conformance  with
    41  the following sections.
    42    §  1-b.  Section  235  of  the  vehicle and traffic law, as amended by

    43  section 1-b of part II of chapter 59 of the laws of 2010, is amended  to
    44  read as follows:
    45    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    46  general, special or local law or administrative code to the contrary, in
    47  any  city  which  heretofore  or hereafter is authorized to establish an
    48  administrative tribunal to hear  and  determine  complaints  of  traffic
    49  infractions constituting parking, standing or stopping violations, or to
    50  adjudicate  the liability of owners for violations of subdivision (d) of
    51  section eleven  hundred  eleven  of  this  chapter  in  accordance  with
    52  sections  eleven  hundred  eleven-b of this chapter as added by sections
    53  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
    54  two  thousand  nine,  or  to  adjudicate  the  liability  of  owners for

    55  violations of toll collection regulations as defined in and  in  accord-
    56  ance  with  the  provisions of section two thousand nine hundred eighty-

        A. 4327--A                          3
 
     1  five of the public authorities law and sections sixteen-a, sixteen-b and
     2  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     3  hundred  fifty,  or to adjudicate liability of owners in accordance with
     4  section  eleven  hundred  eleven-c of this chapter for violations of bus
     5  lane restrictions as defined in  such  section,  or  to  adjudicate  the
     6  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     7  (g) of section eleven hundred eighty of this chapter in accordance  with
     8  section  eleven  hundred eighty-b of this chapter, such tribunal and the

     9  rules  and  regulations  pertaining  thereto  shall  be  constituted  in
    10  substantial conformance with the following sections.
    11    §  1-c.  Section  235  of  the  vehicle and traffic law, as amended by
    12  section 1-c of part II of chapter 59 of the laws of 2010, is amended  to
    13  read as follows:
    14    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    15  general, special or local law or administrative code to the contrary, in
    16  any  city  which  heretofore  or hereafter is authorized to establish an
    17  administrative tribunal to hear  and  determine  complaints  of  traffic
    18  infractions constituting parking, standing or stopping violations, or to
    19  adjudicate  the  liability  of  owners for violations of toll collection
    20  regulations as defined in and  in  accordance  with  the  provisions  of
    21  section  two thousand nine hundred eighty-five of the public authorities

    22  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    23  hundred  seventy-four of the laws of nineteen hundred fifty, or to adju-
    24  dicate liability of owners in accordance  with  section  eleven  hundred
    25  eleven-c  of  this  chapter  for  violations of bus lane restrictions as
    26  defined in such section, or to adjudicate the liability  of  owners  for
    27  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    28  hundred eighty of this chapter in accordance with section eleven hundred
    29  eighty-b of this chapter, such tribunal and the  rules  and  regulations
    30  pertaining  thereto shall be constituted in substantial conformance with
    31  the following sections.
    32    § 1-d. Section 235 of the  vehicle  and  traffic  law,  as  separately
    33  amended  by  chapter 715 of the laws of 1972 and chapter 379 of the laws

    34  of 1992, is amended to read as follows:
    35    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    36  general, special or local law or administrative code to the contrary, in
    37  any city which heretofore or hereafter is  authorized  to  establish  an
    38  administrative  tribunal  to  hear  and  determine complaints of traffic
    39  infractions constituting parking, standing or stopping violations, or to
    40  adjudicate the liability of owners for  violations  of  toll  collection
    41  regulations  as  defined  in  and  in  accordance with the provisions of
    42  section two thousand nine hundred eighty-five of the public  authorities
    43  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    44  hundred seventy-four of the laws of nineteen hundred fifty, or to  adju-
    45  dicate liability of owners for violations of subdivisions (c) and (d) of

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

        A. 4327--A                          4
 

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

    13  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    14  hundred  fifty  and  shall  adjudicate liability of owners in accordance
    15  with section eleven hundred eleven-c of this chapter for  violations  of
    16  bus  lane  restrictions  as defined in such section and shall adjudicate
    17  the liability of owners for violations of subdivision (b), (c), (d), (f)
    18  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    19  with  section  eleven  hundred eighty-b of this chapter.  Such tribunal,
    20  except in a city with a population of one million or  more,  shall  also
    21  have  jurisdiction  of abandoned vehicle violations. For the purposes of
    22  this article, a parking violation is the violation of any law,  rule  or
    23  regulation providing for or regulating the parking, stopping or standing

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

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

    48  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    49  article, "commissioner" shall mean and include the commissioner of traf-
    50  fic of the city or an official possessing authority as  such  a  commis-
    51  sioner.
    52    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
    53  amended  by section 2-b of part II of chapter 59 of the laws of 2010, is
    54  amended to read as follows:
    55    1. Creation. In any city as hereinbefore or hereafter authorized  such
    56  tribunal  when  created  shall be known as the parking violations bureau

        A. 4327--A                          5
 
     1  and shall have jurisdiction of traffic infractions  which  constitute  a
     2  parking violation and shall adjudicate liability of owners in accordance
     3  with  section  eleven hundred eleven-c of this chapter for violations of

     4  bus  lane  restrictions as defined in such section; and shall adjudicate
     5  the liability of owners for violations of subdivision (b), (c), (d), (f)
     6  or (g) of section eleven hundred eighty of this  chapter  in  accordance
     7  with  section eleven hundred eighty-b of this chapter.  For the purposes
     8  of this article, a parking violation is the violation of any  law,  rule
     9  or  regulation  providing  for  or  regulating  the parking, stopping or
    10  standing of a  vehicle.  In  addition  for  purposes  of  this  article,
    11  "commissioner" shall mean and include the commissioner of traffic of the
    12  city or an official possessing authority as such a commissioner.
    13    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    14  added by chapter 715 of the laws of 1972, is amended to read as follows:

    15    1.  Creation. In any city as hereinbefore or hereafter authorized such
    16  tribunal when created shall be known as the  parking  violations  bureau
    17  and  shall  have  jurisdiction of traffic infractions which constitute a
    18  parking violation and shall  adjudicate  the  liability  of  owners  for
    19  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    20  hundred eighty of this chapter in accordance with section eleven hundred
    21  eighty-b of this chapter.  For the purposes of this article,  a  parking
    22  violation  is the violation of any law, rule or regulation providing for
    23  or regulating the parking, stopping or standing of a vehicle.  In  addi-
    24  tion for purposes of this article, "commissioner" shall mean and include
    25  the  commissioner  of  traffic  of  the  city  or an official possessing
    26  authority as such a commissioner.

    27    § 3. Subdivision 12 of section 237 of the vehicle and traffic law,  as
    28  added  by  section  3  of  part II of chapter 59 of the laws of 2010, is
    29  amended and a new subdivision 13 is added to read as follows:
    30    12. To adjudicate liability of owners in accordance with section elev-
    31  en  hundred  eleven-c  of  this  chapter  for  violations  of  bus  lane
    32  restrictions as defined in such section[.];
    33    13.  To  adjudicate the liability of owners for violations of subdivi-
    34  sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
    35  chapter in accordance with section eleven hundred eighty-b of this chap-
    36  ter.
    37    §  3-a.  Subdivision 11 of section 237 of the vehicle and traffic law,
    38  as added by chapter 379 of the laws of 1992, is amended and a new subdi-

    39  vision 12 is added to read as follows:
    40    11. To adjudicate the liability  of  owners  for  violations  of  toll
    41  collection  regulations  as  defined  in  and  in  accordance  with  the
    42  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    43  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    44  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    45  fifty[.];
    46    12.  To  adjudicate the liability of owners for violations of subdivi-
    47  sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of  this
    48  chapter in accordance with section eleven hundred eighty-b of this chap-
    49  ter.
    50    §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    51  traffic law, as amended by section 4 of part II of  chapter  59  of  the

    52  laws of 2010, is amended to read as follows:
    53    f.  "Notice  of  violation"  means a notice of violation as defined in
    54  subdivision nine of section two hundred thirty-seven  of  this  article,
    55  but shall not be deemed to include a notice of liability issued pursuant
    56  to  authorization  set  forth in section eleven hundred eleven-a of this

        A. 4327--A                          6
 
     1  chapter or sections eleven hundred eleven-b of this chapter as added  by
     2  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
     3  laws of two thousand nine, and shall not be deemed to include  a  notice
     4  of liability issued pursuant to section two thousand nine hundred eight-
     5  y-five  of  the public authorities law and sections sixteen-a, sixteen-b
     6  and sixteen-c of chapter seven hundred seventy-four of the laws of nine-

     7  teen hundred fifty and shall not  be  deemed  to  include  a  notice  of
     8  liability  issued  pursuant  to  section eleven hundred eleven-c of this
     9  chapter and shall not be deemed to include a notice of liability  issued
    10  pursuant to section eleven hundred eighty-b of this chapter.
    11    §  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
    12  traffic law, as amended by section 4-a of part II of chapter 59  of  the
    13  laws of 2010, is amended to read as follows:
    14    f.  "Notice  of  violation"  means a notice of violation as defined in
    15  subdivision nine of section two hundred thirty-seven of this article but
    16  shall not be deemed to include a notice of liability issued pursuant  to
    17  authorization  set  forth  in  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 and shall not be  deemed  to
    20  include  a notice of liability issued pursuant to section eleven hundred
    21  eleven-c of this chapter and shall not be deemed to include a notice  of
    22  liability  issued  pursuant  to  section eleven hundred eighty-b of this
    23  chapter.
    24    § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    25  traffic  law,  as amended by section 4-b of part II of chapter 59 of the
    26  laws of 2010, is amended to read as follows:
    27    f. "Notice of violation" means a notice of  violation  as  defined  in
    28  subdivision nine of section two hundred thirty-seven of this article and
    29  shall  not be deemed to include a notice of liability issued pursuant to
    30  section eleven hundred eleven-c of this chapter and shall not be  deemed

    31  to  include  a  notice  of  liability  issued pursuant to section eleven
    32  hundred eighty-b of this chapter.
    33    § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and
    34  traffic  law, as added by chapter 180 of the laws of 1980, is amended to
    35  read as follows:
    36    f. "Notice of violation" means a notice of  violation  as  defined  in
    37  subdivision nine of section two hundred thirty-seven of this article and
    38  shall  not be deemed to include a notice of liability issued pursuant to
    39  section eleven hundred eighty-b of this chapter.
    40    § 5. Subdivision 4 of section 239 of the vehicle and traffic  law,  as
    41  amended  by  chapter  379  of  the  laws  of 1992, is amended to read as
    42  follows:
    43    4. Applicability. The provisions of paragraph b of subdivision two and

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

        A. 4327--A                          7
 
     1    4. Applicability. The provisions of paragraph b of subdivision two and
     2  subdivision three of this section shall not be  applicable  to  determi-
     3  nations of owner liability for the failure of an operator to comply with
     4  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
     5  of this chapter.
     6    §  6. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
     7  law, as amended by section 5 of part II of chapter 59  of  the  laws  of
     8  2010, are amended to read as follows:
     9    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    10  violation enters a plea of not guilty or a person alleged to  be  liable
    11  in  accordance  with  section eleven hundred eleven-a of this chapter or

    12  sections eleven hundred eleven-b of this chapter as  added  by  sections
    13  sixteen  of  chapters twenty, twenty-one, and [twenty two] twenty-two of
    14  the laws of two thousand nine, for a violation  of  subdivision  (d)  of
    15  section  eleven hundred eleven of this chapter contests such allegation,
    16  or a person alleged to be liable in accordance with  the  provisions  of
    17  section  two thousand nine hundred eighty-five of the public authorities
    18  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    19  hundred  seventy-four of the laws of nineteen hundred fifty, or a person
    20  alleged to be liable in accordance with the provisions of section eleven
    21  hundred eleven-c  of  this  chapter  for  a  violation  of  a  bus  lane
    22  restriction  as  defined  in such section contests such allegation, or a

    23  person alleged to be liable in accordance with the provisions of section
    24  eleven hundred eighty-b of this chapter for a violation  of  subdivision
    25  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    26  ter  contests  such  allegation,  the  bureau  shall  advise such person
    27  personally by such form of first class mail as the director  may  direct
    28  of  the  date  on  which he or she must appear to answer the charge at a
    29  hearing. The form and  content  of  such  notice  of  hearing  shall  be
    30  prescribed  by  the  director, and shall contain a warning to advise the
    31  person so pleading or contesting that failure  to  appear  on  the  date
    32  designated,  or  on  any  subsequent  adjourned date, shall be deemed an
    33  admission of liability, and that a default judgment may be entered ther-
    34  eon.

    35    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    36  entered, or the bureau has been notified that an allegation of liability
    37  in  accordance  with  section eleven hundred eleven-a of this chapter or
    38  sections eleven hundred eleven-b of this chapter as  added  by  sections
    39  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of
    40  two thousand nine or an  allegation  of  liability  in  accordance  with
    41  section  two thousand nine hundred eighty-five of the public authorities
    42  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
    43  hundred seventy-four of the laws of nineteen hundred fifty or an allega-
    44  tion  of liability in accordance with section eleven hundred eleven-c of
    45  this chapter or an allegation of liability in  accordance  with  section
    46  eleven hundred eighty-b of this chapter, is being contested, by a person

    47  in a timely fashion and a hearing upon the merits has been demanded, but
    48  has  not yet been held, the bureau shall not issue any notice of fine or
    49  penalty to that person prior to the date of the hearing.
    50    § 6-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    51  fic  law, as amended by section 5-a of part II of chapter 59 of the laws
    52  of 2010, are amended 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 sections eleven hundred eleven-b of this  chapter  as
    56  added by sections sixteen of chapters twenty, twenty-one, and twenty-two

        A. 4327--A                          8
 
     1  of  the  laws of two thousand nine for a violation of subdivision (d) of

     2  section eleven hundred eleven of this chapter, or a person alleged to be
     3  liable in accordance with  the  provisions  of  section  eleven  hundred
     4  eleven-c  of  this  chapter for a violation of a bus lane restriction as
     5  defined in such section contests such allegation, or a person alleged to
     6  be liable in accordance with the provisions of  section  eleven  hundred
     7  eighty-b  of  this  chapter for violations of subdivision (b), (c), (d),
     8  (f) or (g) of section eleven hundred eighty  of  this  chapter  contests
     9  such  allegation, the bureau shall advise such person personally by such
    10  form of first class mail as the director may direct of the date on which
    11  he or she must appear to answer the charge at a hearing.  The  form  and
    12  content  of  such notice of hearing shall be prescribed by the director,

    13  and shall contain a warning to advise the person so pleading or contest-
    14  ing that failure to appear on the date designated, or on any  subsequent
    15  adjourned  date,  shall  be deemed an admission of liability, and that a
    16  default judgment may be entered thereon.
    17    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    18  entered, or the bureau has been notified that an allegation of liability
    19  in  accordance with sections eleven hundred eleven-b of this chapter, as
    20  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    21  of the laws of two thousand nine,  or  an  allegation  of  liability  in
    22  accordance  with  section  eleven hundred eleven-c of this chapter or an
    23  allegation of liability in accordance with section eleven hundred eight-
    24  y-b of this chapter is being contested, by a person in a timely  fashion

    25  and  a  hearing  upon the merits has been demanded, but has not yet been
    26  held, the bureau shall not issue any notice of fine or penalty  to  that
    27  person prior to the date of the hearing.
    28    §  6-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    29  fic law, as amended by section 5-b of part II of chapter 59 of the  laws
    30  of 2010, are amended to read as follows:
    31    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    32  violation enters a plea of not guilty or a person alleged to  be  liable
    33  in  accordance with the provisions of section eleven hundred eleven-c of
    34  this chapter for a violation of a bus lane  restriction  as  defined  in
    35  such section, contests such allegation, or a person alleged to be liable
    36  in  accordance with the provisions of section eleven hundred eighty-b of

    37  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
    38  section  eleven hundred eighty of this chapter contests such allegation,
    39  the bureau shall advise such person personally by  such  form  of  first
    40  class  mail  as  the  director may direct of the date on which he or she
    41  must appear to answer the charge at a hearing. The form and  content  of
    42  such  notice  of  hearing shall be prescribed by the director, and shall
    43  contain a warning to advise the  person  so  pleading  that  failure  to
    44  appear  on  the  date  designated,  or on any subsequent adjourned date,
    45  shall be deemed an admission of liability, and that a  default  judgment
    46  may be entered thereon.
    47    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    48  entered, or the bureau has been notified that an allegation of liability

    49  in accordance with section eleven hundred eleven-c of this chapter or an
    50  allegation of liability in accordance with section eleven hundred eight-
    51  y-b of this chapter is being contested, by a person in a timely  fashion
    52  and  a  hearing  upon the merits has been demanded, but has not yet been
    53  held, the bureau shall not issue any notice of fine or penalty  to  that
    54  person prior to the date of the hearing.
    55    §  6-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
    56  fic law, subdivision 1 as added by chapter 715 of the laws of  1972  and

        A. 4327--A                          9
 
     1  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
     2  to read as follows:
     3    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking

     4  violation enters a plea of not guilty, or a person alleged to be  liable
     5  in  accordance with the provisions of section eleven hundred eighty-b of
     6  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
     7  section  eleven hundred eighty of this chapter contests such allegation,
     8  the bureau shall advise such person personally by  such  form  of  first
     9  class  mail  as  the  director may direct of the date on which he or she
    10  must appear to answer the charge at a hearing. The form and  content  of
    11  such  notice  of  hearing shall be prescribed by the director, and shall
    12  contain a warning to advise the  person  so  pleading  that  failure  to
    13  appear  on  the  date  designated,  or on any subsequent adjourned date,
    14  shall be deemed an admission of liability, and that a  default  judgment
    15  may be entered thereon.

    16    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    17  entered, or the bureau has been notified that an allegation of liability
    18  in accordance with section eleven hundred eighty-b of this  chapter,  is
    19  being  contested, by a person in a timely fashion and a hearing upon the
    20  merits has been demanded, but has not yet been held,  the  bureau  shall
    21  not issue any notice of fine or penalty to that person prior to the date
    22  of the hearing.
    23    § 7. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    24  and traffic law, as amended by section 6 of part II of chapter 59 of the
    25  laws of 2010, are amended to read as follows:
    26    a. Every hearing for the adjudication of a charge of parking violation
    27  or  an allegation of liability in accordance with section eleven hundred

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

    40  hearing at which liability in accordance  with  section  eleven  hundred
    41  eleven-a  of  this chapter or in accordance with sections eleven hundred
    42  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    43  ty,  twenty-one,  and  twenty-two  of  the  laws of two thousand nine is
    44  contested or of a hearing at which liability in accordance with  section
    45  two  thousand  nine hundred eighty-five of the public authorities law or
    46  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    47  seventy-four  of the laws of nineteen hundred fifty is contested or of a
    48  hearing at which liability in accordance  with  section  eleven  hundred
    49  eleven-c  of  this chapter or a hearing at which liability in accordance
    50  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
    51  Recording devices may be used for the making of the record.

    52    § 7-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    53  cle  and traffic law, as amended by section 6-a of part II of chapter 59
    54  of the laws of 2010, are amended to read as follows:
    55    a. Every hearing for the adjudication of a charge of parking violation
    56  or an allegation of liability in accordance with sections eleven hundred

        A. 4327--A                         10
 
     1  eleven-b of this chapter, as added by sections sixteen of chapters twen-
     2  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  an
     3  allegation  of  liability  in  accordance  with  section  eleven hundred
     4  eleven-c  of  this  chapter  or an allegation of liability in accordance
     5  with section eleven hundred eighty-b of  this  chapter,  shall  be  held
     6  before  a  hearing  examiner  in  accordance  with rules and regulations

     7  promulgated by the bureau.
     8    g. A record shall be made of a hearing on a plea of not guilty or of a
     9  hearing at which liability in accordance with  sections  eleven  hundred
    10  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    11  ty,  twenty-one, and twenty-two of the laws of two thousand nine or of a
    12  hearing at which liability in accordance  with  section  eleven  hundred
    13  eleven-c  of  this chapter or a hearing at which liability in accordance
    14  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
    15  Recording devices may be used for the making of the record.
    16    § 7-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    17  cle  and traffic law, as amended by section 6-b of part II of chapter 59
    18  of the laws of 2010, are amended to read as follows:

    19    a. Every hearing for the adjudication of a charge of parking violation
    20  or an allegation of liability in accordance with section eleven  hundred
    21  eleven-c  of  this  chapter  or an allegation of liability in accordance
    22  with section eleven hundred eighty-b  of  this  chapter  shall  be  held
    23  before  a  hearing  examiner  in  accordance  with rules and regulations
    24  promulgated by the bureau.
    25    g. A record shall be made of a hearing on a plea of not guilty or of a
    26  hearing at which liability in accordance  with  section  eleven  hundred
    27  eleven-c  of  this chapter or a hearing at which liability in accordance
    28  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
    29  Recording devices may be used for the making of the record.
    30    § 7-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-

    31  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    32  amended to read as follows:
    33    a. Every hearing for the adjudication of a charge of parking violation
    34  or an allegation of liability in accordance with section eleven  hundred
    35  eighty-b  of  this  chapter  shall  be held before a hearing examiner in
    36  accordance with rules and regulations promulgated by the bureau.
    37    g. A record shall be made of a hearing on a plea of not  guilty  or  a
    38  hearing  at  which  liability  in accordance with section eleven hundred
    39  eighty-b of this chapter is contested.   Recording devices may  be  used
    40  for the making of the record.
    41    §  8.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
    42  law, as amended by section 7 of part II of chapter 59  of  the  laws  of
    43  2010, are amended to read as follows:

    44    1.  The  hearing  examiner  shall make a determination on the charges,
    45  either sustaining or dismissing them. Where the hearing examiner  deter-
    46  mines  that the charges have been sustained he or she may examine either
    47  the prior  parking  violations  record  or  the  record  of  liabilities
    48  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    49  chapter or in accordance with sections eleven hundred eleven-b  of  this
    50  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    51  twenty-two of the laws of two thousand nine or the record of liabilities
    52  incurred  in  accordance  with section two thousand nine hundred eighty-
    53  five of the public authorities law or sections sixteen-a, sixteen-b  and
    54  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    55  hundred fifty of the  person  charged,  or  the  record  of  liabilities

    56  incurred  in  accordance  with  section  eleven hundred eleven-c of this

        A. 4327--A                         11
 
     1  chapter, or the  record  of  liabilities  incurred  in  accordance  with
     2  section  eleven hundred eighty-b of this chapter, as applicable prior to
     3  rendering a final determination.   Final  determinations  sustaining  or
     4  dismissing  charges shall be entered on a final determination roll main-
     5  tained by the bureau together with records showing payment  and  nonpay-
     6  ment of penalties.
     7    2.  Where  an operator or owner fails to enter a plea to a charge of a
     8  parking violation or contest an allegation of  liability  in  accordance
     9  with  section  eleven  hundred eleven-a of this chapter or in accordance
    10  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by

    11  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    12  laws of two thousand nine or fails to contest an allegation of liability
    13  in accordance with section two thousand nine hundred eighty-five of  the
    14  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    15  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    16  fifty, or fails to contest an allegation of liability in accordance with
    17  section eleven hundred eleven-c of this chapter or fails to  contest  an
    18  allegation of liability in accordance with section eleven hundred eight-
    19  y-b  of  this chapter or fails to appear on a designated hearing date or
    20  subsequent adjourned date or fails after a hearing to  comply  with  the
    21  determination of a hearing examiner, as prescribed by this article or by

    22  rule  or  regulation  of  the  bureau, such failure to plead or contest,
    23  appear or comply shall be deemed, for  all  purposes,  an  admission  of
    24  liability  and  shall  be  grounds  for rendering and entering a default
    25  judgment in an amount provided by  the  rules  and  regulations  of  the
    26  bureau.  However,  after  the expiration of the original date prescribed
    27  for entering a plea and before a default judgment may  be  rendered,  in
    28  such  case the bureau shall pursuant to the applicable provisions of law
    29  notify such operator or owner, by such form of first class mail  as  the
    30  commission  may  direct;  (1)  of the violation charged, or liability in
    31  accordance with section eleven hundred eleven-a of this  chapter  or  in
    32  accordance  with  sections  eleven  hundred  eleven-b of this chapter as
    33  added by sections sixteen of chapters twenty, twenty-one, and twenty-two

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

    46  eleven hundred eleven-a of this chapter or in accordance  with  sections
    47  eleven  hundred eleven-b of this chapter as added by sections sixteen of
    48  chapters twenty, twenty-one, and twenty-two of the laws of two  thousand
    49  nine or contesting an allegation of liability in accordance with section
    50  two  thousand  nine hundred eighty-five of the public authorities law or
    51  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    52  seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
    53  allegation of  liability  in  accordance  with  section  eleven  hundred
    54  eleven-c  of  this  chapter  or contesting an allegation of liability in
    55  accordance with section eleven hundred  eighty-b  of  this  chapter,  as
    56  appropriate,  or  making an appearance within thirty days of the sending


        A. 4327--A                         12
 
     1  of such notice. Pleas entered  and  allegations  contested  within  that
     2  period  shall  be in the manner prescribed in the notice and not subject
     3  to additional penalty or fee. Such notice of impending default  judgment
     4  shall  not  be  required prior to the rendering and entry thereof in the
     5  case of operators or owners who are non-residents of the  state  of  New
     6  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
     7  required, a notice of impending default judgment be sent, more than  two
     8  years after the expiration of the time prescribed for entering a plea or
     9  contesting  an allegation. When a person has demanded a hearing, no fine
    10  or penalty shall be imposed for any reason, prior to the holding of  the
    11  hearing.  If  the  hearing  examiner  shall  make a determination on the

    12  charges, sustaining them, he or she shall impose no greater  penalty  or
    13  fine than those upon which the person was originally charged.
    14    §  8-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    15  law, as amended by section 7-a of part II of chapter 59 of the  laws  of
    16  2010, are amended to read as follows:
    17    1.  The  hearing  examiner  shall make a determination on the charges,
    18  either sustaining or dismissing them. Where the hearing examiner  deter-
    19  mines  that the charges have been sustained he or she may examine either
    20  the prior  parking  violations  record  or  the  record  of  liabilities
    21  incurred  in  accordance  with  sections eleven hundred eleven-b of this
    22  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    23  twenty-two of the laws of two thousand nine of the  person  charged,  or

    24  the  record  of  liabilities  incurred in accordance with section eleven
    25  hundred eleven-c of this chapter, or the record of liabilities  incurred
    26  in  accordance  with section eleven hundred eighty-b of this chapter, as
    27  applicable prior to rendering  a  final  determination.  Final  determi-
    28  nations  sustaining  or  dismissing  charges shall be entered on a final
    29  determination roll maintained by the bureau together with records  show-
    30  ing 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 contest an allegation of  liability  in  accordance
    33  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
    34  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
    35  laws of two thousand nine or fails to contest an allegation of liability

    36  in  accordance  with section eleven hundred eleven-c of this chapter, or
    37  fails to contest an allegation of liability incurred in accordance  with
    38  section eleven hundred eighty-b of this chapter, or fails to appear on a
    39  designated  hearing  date  or subsequent adjourned date or fails after a
    40  hearing to comply with the  determination  of  a  hearing  examiner,  as
    41  prescribed  by this article or by rule or regulation of the bureau, such
    42  failure to plead, contest, appear or comply shall  be  deemed,  for  all
    43  purposes,  an  admission of liability and shall be grounds for rendering
    44  and entering a default judgment in an amount provided by the  rules  and
    45  regulations of the bureau. However, after the expiration of the original
    46  date prescribed for entering a plea and before a default judgment may be

    47  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    48  provisions of law notify such operator or owner, by such form  of  first
    49  class  mail  as the commission may direct; (1) of the violation charged,
    50  or liability in accordance with sections eleven hundred eleven-b of this
    51  chapter, as added by sections sixteen of  chapters  twenty,  twenty-one,
    52  and twenty-two of the laws of two thousand nine, or liability in accord-
    53  ance  with  section eleven hundred eleven-c of this chapter or liability
    54  in accordance with section  eleven  hundred  eighty-b  of  this  chapter
    55  alleged,  (2)  of the impending default judgment, (3) that such judgment
    56  will be entered in the Civil Court of the city in which the  bureau  has

        A. 4327--A                         13
 

     1  been  established,  or  other  court  of civil jurisdiction or any other
     2  place provided for the entry of civil judgments within the state of  New
     3  York,  and  (4)  that  a  default  may  be avoided by entering a plea or
     4  contesting an allegation of liability in accordance with sections eleven
     5  hundred  eleven-b  of this chapter as added by sections sixteen of chap-
     6  ters twenty, twenty-one, and twenty-two of  the  laws  of  two  thousand
     7  nine,  or  contesting  an  allegation  of  liability  in accordance with
     8  section eleven hundred eleven-c of this chapter or contesting an allega-
     9  tion of liability in accordance with section eleven hundred eighty-b  of
    10  this  chapter as appropriate, or making an appearance within thirty days
    11  of the sending of such notice.  Pleas entered and allegations  contested

    12  within  that  period shall be in the manner prescribed in the notice and
    13  not subject to additional penalty  or  fee.  Such  notice  of  impending
    14  default  judgment shall not be required prior to the rendering and entry
    15  thereof in the case of operators or owners who are non-residents of  the
    16  state  of  New York. In no case shall a default judgment be rendered or,
    17  where required, a notice of impending default  judgment  be  sent,  more
    18  than  two years after the expiration of the time prescribed for entering
    19  a plea or contesting an allegation. When a person has demanded  a  hear-
    20  ing,  no  fine  or penalty shall be imposed for any reason, prior to the
    21  holding of the hearing. If the hearing examiner shall  make  a  determi-
    22  nation on the charges, sustaining them, he or she shall impose no great-
    23  er  penalty  or  fine  than  those  upon which the person was originally
    24  charged.

    25    § 8-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
    26  law,  as  amended by section 7-b of part II of chapter 59 of the laws of
    27  2010, are amended to read as follows:
    28    1. The hearing examiner shall make a  determination  on  the  charges,
    29  either  sustaining or dismissing them. Where the hearing examiner deter-
    30  mines that the charges have been sustained he or  she  may  examine  the
    31  prior  parking violations record of the person charged, or the record of
    32  liabilities incurred in accordance with section eleven hundred  eleven-c
    33  of  this  chapter,  or  the record of liabilities incurred in accordance
    34  with section eleven hundred eighty-b of  this  chapter,  as  applicable,
    35  prior  to rendering a final determination. Final determinations sustain-
    36  ing or dismissing charges shall be entered on a final determination roll

    37  maintained by the bureau  together  with  records  showing  payment  and
    38  nonpayment of penalties.
    39    2.  Where  an operator or owner fails to enter a plea to a charge of a
    40  parking violation, or fails to contest an  allegation  of  liability  in
    41  accordance  with  section  eleven  hundred  eleven-c of this chapter, or
    42  fails to contest an allegation of liability incurred in accordance  with
    43  section eleven hundred eighty-b of this chapter, or fails to appear on a
    44  designated  hearing  date  or subsequent adjourned date or fails after a
    45  hearing to comply with the  determination  of  a  hearing  examiner,  as
    46  prescribed  by this article or by rule or regulation of the bureau, such
    47  failure to plead, appear or comply shall be deemed, for all purposes, an
    48  admission of liability and shall be grounds for rendering and entering a

    49  default judgment in an amount provided by the rules and  regulations  of
    50  the   bureau.  However,  after  the  expiration  of  the  original  date
    51  prescribed for entering a plea and before  a  default  judgment  may  be
    52  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
    53  provisions of law notify such operator or owner, by such form  of  first
    54  class mail as the commission may direct; (1) of the violation charged or
    55  alleged  liability in accordance with section eleven hundred eleven-c of
    56  this chapter or alleged liability  in  accordance  with  section  eleven

        A. 4327--A                         14
 
     1  hundred eighty-b of this chapter, (2) of the impending default judgment,
     2  (3) that such judgment will be entered in the Civil Court of the city in

     3  which the bureau has been established, or other court of civil jurisdic-
     4  tion or any other place provided for the entry of civil judgments within
     5  the state of New York, and (4) that a default may be avoided by entering
     6  a  plea  or  contesting  an  allegation  of liability in accordance with
     7  section eleven hundred eleven-c of this chapter or contesting an allega-
     8  tion of liability in accordance with section eleven hundred eighty-b  of
     9  this  chapter  or making an appearance within thirty days of the sending
    10  of such notice.  Pleas entered within that period shall be in the manner
    11  prescribed in the notice and not subject to additional penalty  or  fee.
    12  Such notice of impending default judgment shall not be required prior to
    13  the  rendering  and entry thereof in the case of operators or owners who

    14  are non-residents of the state of New York. In no case shall  a  default
    15  judgment  be  rendered or, where required, a notice of impending default
    16  judgment be sent, more than two years after the expiration of  the  time
    17  prescribed for entering a plea. When a person has demanded a hearing, no
    18  fine or penalty shall be imposed for any reason, prior to the holding of
    19  the  hearing.  If the hearing examiner shall make a determination on the
    20  charges, sustaining them, he or she shall impose no greater  penalty  or
    21  fine than those upon which the person was originally charged.
    22    §  8-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    23  law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and
    24  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
    25  to read as follows:
    26    1.  The  hearing  examiner  shall make a determination on the charges,

    27  either sustaining or dismissing them. Where the hearing examiner  deter-
    28  mines  that  the  charges  have  been sustained he may examine the prior
    29  parking violations record of  the  person  charged,  or  the  record  of
    30  liabilities  incurred in accordance with section eleven hundred eighty-b
    31  of this chapter, as applicable, prior  to  rendering  a  final  determi-
    32  nation.  Final  determinations sustaining or dismissing charges shall be
    33  entered on a final determination roll maintained by the bureau  together
    34  with records showing payment and 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
    37  incurred  in  accordance  with  section  eleven hundred eighty-b of this

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

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

        A. 4327--A                         15
 
     1  thirty  days  of  the  sending of such notice. Pleas entered within that
     2  period shall be in the manner prescribed in the notice and  not  subject
     3  to  additional penalty or fee. Such notice of impending default judgment

     4  shall  not  be  required prior to the rendering and entry thereof in the
     5  case of operators or owners who are non-residents of the  state  of  New
     6  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
     7  required, a notice of impending default judgment be sent, more than  two
     8  years  after  the expiration of the time prescribed for entering a plea.
     9  When a person has demanded a  hearing,  no  fine  or  penalty  shall  be
    10  imposed  for  any  reason,  prior  to the holding of the hearing. If the
    11  hearing examiner shall make a determination on the  charges,  sustaining
    12  them,  he  shall impose no greater penalty or fine than those upon which
    13  the person was originally charged.
    14    § 9. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
    15  of the vehicle and traffic law, as amended by section 1 of  part  SS  of

    16  chapter 57 of the laws of 2010, is amended to read as follows:
    17    (i) If at the time of application for a registration or renewal there-
    18  of  there  is  a  certification from a court, parking violations bureau,
    19  traffic and parking violations  agency  or  administrative  tribunal  of
    20  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    21  jurisdiction that the registrant or his or her representative failed  to
    22  appear  on the return date or any subsequent adjourned date or failed to
    23  comply with the rules and  regulations  of  an  administrative  tribunal
    24  following  entry  of a final decision in response to a total of three or
    25  more summonses or other process in the aggregate, issued within an eigh-
    26  teen month period, charging either that:  (i)  such  motor  vehicle  was
    27  parked, stopped or standing, or that such motor vehicle was operated for

    28  hire  by  the registrant or his or her agent without being licensed as a
    29  motor vehicle for hire by the appropriate local authority, in  violation
    30  of  any of the provisions of this chapter or of any law, ordinance, rule
    31  or regulation made by a local authority;  or  (ii)  the  registrant  was
    32  liable  in accordance with section eleven hundred eleven-a of this chap-
    33  ter or section eleven hundred eleven-b of this chapter for  a  violation
    34  of  subdivision (d) of section eleven hundred eleven of this chapter; or
    35  (iii) the registrant  was  liable  in  accordance  with  section  eleven
    36  hundred  eleven-c  of  this  chapter  for  a  violation  of  a  bus lane
    37  restriction as defined in such  section,  or  (iv)  the  registrant  was
    38  liable  in accordance with section eleven hundred eighty-b of this chap-

    39  ter for a violation of subdivision (c) or (d) of section eleven  hundred
    40  eighty  of this chapter, the commissioner or his or her agent shall deny
    41  the registration or renewal application  until  the  applicant  provides
    42  proof  from the court, traffic and parking violations agency or adminis-
    43  trative tribunal wherein the charges are pending that an  appearance  or
    44  answer  has  been made or in the case of an administrative tribunal that
    45  he or she has complied with the rules and regulations of  said  tribunal
    46  following  entry  of  a  final  decision. Where an application is denied
    47  pursuant  to  this  section,  the  commissioner  may,  in  his  or   her
    48  discretion,  deny  a  registration  or  renewal application to any other
    49  person for the same vehicle and  may  deny  a  registration  or  renewal
    50  application  for  any  other motor vehicle registered in the name of the

    51  applicant where the commissioner has determined that  such  registrant's
    52  intent  has been to evade the purposes of this subdivision and where the
    53  commissioner has reasonable grounds to believe that such registration or
    54  renewal will have the effect of defeating the purposes of this  subdivi-
    55  sion.  Such  denial shall only remain in effect as long as the summonses
    56  remain unanswered, or in the case of  an  administrative  tribunal,  the

        A. 4327--A                         16
 
     1  registrant  fails  to  comply  with  the rules and regulations following
     2  entry of a final decision.
     3    §  9-a.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
     4  and traffic law, as amended by section 8-a of part II of chapter  59  of
     5  the laws of 2010, is amended to read as follows:
     6    a. If at the time of application for a registration or renewal thereof

     7  there  is  a  certification  from  a court or administrative tribunal of
     8  appropriate jurisdiction that the registrant or  his  or  her  represen-
     9  tative  failed  to appear on the return date or any subsequent adjourned
    10  date or failed to comply with the rules and regulations of  an  adminis-
    11  trative  tribunal  following  entry of a final decision in response to a
    12  total of three or more summonses or  other  process  in  the  aggregate,
    13  issued  within  an eighteen month period, charging either that: (i) such
    14  motor vehicle was parked, stopped or standing, or that such motor  vehi-
    15  cle  was operated for hire by the registrant or his or her agent without
    16  being licensed as a motor vehicle for  hire  by  the  appropriate  local
    17  authority,  in  violation of any of the provisions of this chapter or of
    18  any law, ordinance, rule or regulation made by  a  local  authority;  or

    19  (ii) the registrant was liable in accordance with section eleven hundred
    20  eleven-b  of  this chapter for a violation of subdivision (d) of section
    21  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    22  liable  in accordance with section eleven hundred eleven-c of this chap-
    23  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    24  section;  or  (iv)  the registrant was liable in accordance with section
    25  eleven hundred eighty-b of this chapter for a violation  of  subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter, the commissioner or his or her agent shall deny the registration or
    28  renewal application until the applicant provides proof from the court or
    29  administrative  tribunal wherein the charges are pending that an appear-

    30  ance or answer has been made or in the case of an administrative  tribu-
    31  nal  that  he or she has complied with the rules and regulations of said
    32  tribunal following entry of a final decision. Where  an  application  is
    33  denied  pursuant  to  this  section, the commissioner may, in his or her
    34  discretion, deny a registration or  renewal  application  to  any  other
    35  person  for  the  same  vehicle  and  may deny a registration or renewal
    36  application for any other motor vehicle registered in the  name  of  the
    37  applicant  where  the commissioner has determined that such registrant's
    38  intent has been to evade the purposes of this subdivision and where  the
    39  commissioner has reasonable grounds to believe that such registration or
    40  renewal  will have the effect of defeating the purposes of this subdivi-
    41  sion. Such denial shall only remain in effect as long as  the  summonses

    42  remain  unanswered,  or  in  the case of an administrative tribunal, the
    43  registrant fails to comply with  the  rules  and  regulations  following
    44  entry of a final decision.
    45    §  9-b.  Paragraph  a of subdivision 5-a of section 401 of the vehicle
    46  and traffic law, as amended by section 8-b of part II of chapter  59  of
    47  the laws of 2010, is amended to read as follows:
    48    a. If at the time of application for a registration or renewal thereof
    49  there  is  a  certification  from  a court or administrative tribunal of
    50  appropriate jurisdiction that the registrant or  his  or  her  represen-
    51  tative  failed  to appear on the return date or any subsequent adjourned
    52  date or failed to comply with the rules and regulations of  an  adminis-
    53  trative  tribunal  following  entry  of  a final decision in response to
    54  three or more summonses or other  process,  issued  within  an  eighteen

    55  month  period,  charging  that such motor vehicle was parked, stopped or
    56  standing, or that such motor vehicle was operated for hire by the regis-

        A. 4327--A                         17
 
     1  trant or his or her agent without being licensed as a motor vehicle  for
     2  hire  by  the  appropriate  local  authority, in violation of any of the
     3  provisions of this chapter or of any law, ordinance, rule or  regulation
     4  made  by  a  local  authority or the registrant was liable in accordance
     5  with section eleven hundred eleven-c of this chapter for a violation  of
     6  a bus lane restriction as defined in such section, or the registrant was
     7  liable  in accordance with section eleven hundred eighty-b of this chap-
     8  ter for a violation of subdivision (b), (c), (d), (f) or (g) of  section

     9  eleven  hundred  eighty  of this chapter, the commissioner or his or her
    10  agent shall deny the  registration  or  renewal  application  until  the
    11  applicant provides proof from the court or administrative tribunal wher-
    12  ein  the  charges are pending that an appearance or answer has been made
    13  or in the case of an administrative tribunal that he or she has complied
    14  with the rules and regulations of said tribunal  following  entry  of  a
    15  final decision. Where an application is denied pursuant to this section,
    16  the  commissioner  may, in his or her discretion, deny a registration or
    17  renewal application to any other person for the  same  vehicle  and  may
    18  deny  a  registration or renewal application for any other motor vehicle
    19  registered in the name of  the  applicant  where  the  commissioner  has
    20  determined  that such registrant's intent has been to evade the purposes

    21  of this subdivision and where the commissioner has reasonable grounds to
    22  believe that such registration  or  renewal  will  have  the  effect  of
    23  defeating  the  purposes  of  this  subdivision.  Such denial shall only
    24  remain in effect as long as the summonses remain unanswered, or  in  the
    25  case  of an administrative tribunal, the registrant fails to comply with
    26  the rules and regulations following entry of a final decision.
    27    § 9-c. Paragraph a of subdivision 5-a of section 401  of  the  vehicle
    28  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    29  laws of 1987, is amended to read as follows:
    30    a. If at the time of application for a registration or renewal thereof
    31  there is a certification from a  court  or  administrative  tribunal  of
    32  appropriate  jurisdiction  that  the  registrant  or  his representative

    33  failed to appear on the return date or any subsequent adjourned date  or
    34  failed  to  comply  with  the rules and regulations of an administrative
    35  tribunal following entry of a final decision in  response  to  three  or
    36  more summonses or other process, issued within an eighteen month period,
    37  charging  that  such  motor  vehicle was parked, stopped or standing, or
    38  that such motor vehicle was operated for hire by the registrant  or  his
    39  agent  without  being licensed as a motor vehicle for hire by the appro-
    40  priate local authority, in violation of any of the  provisions  of  this
    41  chapter  or  of  any  law, ordinance, rule or regulation made by a local
    42  authority, or the registrant was liable in accordance with section elev-
    43  en hundred eighty-b of this chapter for violations of  subdivision  (b),

    44  (c),  (d),  (f) or (g) of section eleven hundred eighty of this chapter,
    45  the commissioner or his agent shall deny  the  registration  or  renewal
    46  application  until the applicant provides proof from the court or admin-
    47  istrative tribunal wherein the charges are pending that an appearance or
    48  answer has been made or in the case of an administrative  tribunal  that
    49  he  has complied with the rules and regulations of said tribunal follow-
    50  ing entry of a final decision. Where an application is  denied  pursuant
    51  to  this section, the commissioner may, in his discretion, deny a regis-
    52  tration or renewal application to any other person for the same  vehicle
    53  and  may  deny a registration or renewal application for any other motor
    54  vehicle registered in the name of the applicant where  the  commissioner
    55  has  determined  that  such  registrant's  intent  has been to evade the

    56  purposes of this subdivision and where the commissioner  has  reasonable

        A. 4327--A                         18
 
     1  grounds  to  believe  that  such  registration  or renewal will have the
     2  effect of defeating the purposes of this subdivision. Such denial  shall
     3  only  remain in effect as long as the summonses remain unanswered, or in
     4  the  case  of an administrative tribunal, the registrant fails to comply
     5  with the rules and regulations following entry of a final decision.
     6    § 10. The vehicle and traffic law is amended by adding a  new  section
     7  1180-b to read as follows:
     8    §  1180-b.  Owner  liability  for  failure  of operator to comply with
     9  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
    10  provision of law, the city of New York is hereby authorized to establish

    11  a  demonstration  program  imposing monetary liability on the owner of a
    12  vehicle for failure of an operator thereof to comply with posted maximum
    13  speed limits in a school speed zone within the city (i)  when  a  school
    14  speed limit is in effect as provided in paragraphs one and two of subdi-
    15  vision (c) of section eleven hundred eighty of this article or (ii) when
    16  other  speed  limits  are in effect as provided in subdivision (b), (d),
    17  (f) or (g) of section eleven hundred eighty of this article  during  the
    18  following  times:  (A)  on  school days during school hours and one hour
    19  before and one hour after the  school  day,  and  (B)  a  period  during
    20  student  activities  at  the school and up to thirty minutes immediately

    21  before and up to thirty minutes immediately after  such  student  activ-
    22  ities.  Such  demonstration  program  shall  empower the city to install
    23  photo speed violation monitoring systems  within  no  more  than  twenty
    24  school  speed  zones within the city at any one time and to operate such
    25  systems within such zones (iii) when a school speed limit is  in  effect
    26  as  provided  in  paragraphs  one  and two of subdivision (c) of section
    27  eleven hundred eighty of this article or (iv) when  other  speed  limits
    28  are in effect as provided in subdivision (b), (d), (f) or (g) of section
    29  eleven hundred eighty of this article during the following times: (A) on
    30  school  days  during school hours and one hour before and one hour after

    31  the school day, and (B) a period during student activities at the school
    32  and up to thirty minutes immediately before and  up  to  thirty  minutes
    33  immediately  after  such student activities. In selecting a school speed
    34  zone in which to install and operate a photo speed violation  monitoring
    35  system,  the  city shall consider criteria including, but not limited to
    36  the speed data, crash history, and the roadway  geometry  applicable  to
    37  such school speed zone.
    38    2.  No  photo  speed  violation  monitoring  system shall be used in a
    39  school speed zone unless (i) on the day it is to be used it has success-
    40  fully passed a self-test of its functions; and (ii) it has undergone  an
    41  annual  calibration  check  performed pursuant to paragraph four of this

    42  subdivision. The city may install signs giving notice that a photo speed
    43  violation monitoring system is in use to be mounted on  advance  warning
    44  signs  notifying  motor  vehicle operators of such upcoming school speed
    45  zone and/or on speed limit signs applicable  within  such  school  speed
    46  zone, in conformance with standards established in the MUTCD.
    47    3.  Operators  of  photo speed violation monitoring systems shall have
    48  completed training in the procedures for setting up, testing, and  oper-
    49  ating  such  systems. Each such operator shall complete and sign a daily
    50  set-up log for each such system that he or she operates that (i)  states
    51  the  date  and  time when, and the location where, the system was set up

    52  that day, and (ii) states that such operator successfully performed, and
    53  the system passed, the self-tests of  such  system  before  producing  a
    54  recorded image that day. The city shall retain each such daily log until
    55  the  later  of  the  date  on which the photo speed violation monitoring
    56  system to which it applies has been permanently removed from use or  the

        A. 4327--A                         19
 
     1  final  resolution  of  all  cases  involving notices of liability issued
     2  based on photographs, microphotographs, video or other  recorded  images
     3  produced by such system.
     4    4. Each photo speed violation monitoring system shall undergo an annu-
     5  al  calibration check performed by an independent calibration laboratory

     6  which shall issue a signed certificate of calibration.  The  city  shall
     7  keep each such annual certificate of calibration on file until the final
     8  resolution  of  all  cases involving a notice of liability issued during
     9  such year which were based on photographs,  microphotographs,  videotape
    10  or other recorded images produced by such photo speed violation monitor-
    11  ing system.
    12    5. (i) Such demonstration program shall utilize necessary technologies
    13  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    14  graphs, videotape or other recorded images produced by such photo  speed
    15  violation  monitoring systems shall not include images that identify the
    16  driver, the passengers, or the contents of the vehicle. Provided, howev-

    17  er, that no notice of liability issued pursuant to this section shall be
    18  dismissed solely because such a photograph,  microphotograph,  videotape
    19  or other recorded image allows for the identification of the driver, the
    20  passengers,  or  the  contents  of vehicles where the city shows that it
    21  made reasonable efforts to comply with the provisions of this  paragraph
    22  in such case.
    23    (ii)  Photographs,  microphotographs,  videotape or any other recorded
    24  image from a photo speed violation monitoring system shall  be  for  the
    25  exclusive use of the city for the purpose of the adjudication of liabil-
    26  ity imposed pursuant to this section and of the owner receiving a notice
    27  of  liability  pursuant  to  this section, and shall be destroyed by the

    28  city upon the final resolution of the notice of liability to which  such
    29  photographs,   microphotographs,  videotape  or  other  recorded  images
    30  relate, or one year following the date of issuance  of  such  notice  of
    31  liability,  whichever  is  later.  Notwithstanding the provisions of any
    32  other law, rule or regulation to the contrary, photographs,  microphoto-
    33  graphs,  videotape  or  any  other  recorded  image  from  a photo speed
    34  violation monitoring system shall not be open to the public, nor subject
    35  to civil or criminal process or discovery, nor  used  by  any  court  or
    36  administrative  or adjudicatory body in any action or proceeding therein
    37  except that which is necessary for  the  adjudication  of  a  notice  of

    38  liability  issued  pursuant  to  this  section,  and no public entity or
    39  employee, officer or agent  thereof  shall  disclose  such  information,
    40  except  that  such photographs, microphotographs, videotape or any other
    41  recorded images from such systems:
    42    (A) shall be available for inspection and copying and use by the motor
    43  vehicle owner and operator for so long as such photographs,  microphoto-
    44  graphs, videotape or other recorded images are required to be maintained
    45  or are maintained by such public entity, employee, officer or agent; and
    46    (B)  (1)  shall be furnished when described in a search warrant issued
    47  by a court authorized to issue such a search warrant pursuant to article

    48  six hundred ninety of the criminal procedure  law  or  a  federal  court
    49  authorized  to issue such a search warrant under federal law, where such
    50  search warrant states that there is reasonable  cause  to  believe  such
    51  information  constitutes  evidence  of,  or tends to demonstrate that, a
    52  misdemeanor or felony offense was committed in  this  state  or  another
    53  state,  or  that a particular person participated in the commission of a
    54  misdemeanor or felony offense in this state or another state,  provided,
    55  however, that if such offense was against the laws of another state, the
    56  court  shall only issue a warrant if the conduct comprising such offense

        A. 4327--A                         20
 

     1  would, if occurring in this state, constitute a  misdemeanor  or  felony
     2  against the laws of this state; and
     3    (2) shall be furnished in response to a subpoena duces tecum signed by
     4  a  judge  of  competent  jurisdiction and issued pursuant to article six
     5  hundred ten of the criminal procedure law or a judge or magistrate of  a
     6  federal  court  authorized  to  issue  such a subpoena duces tecum under
     7  federal law, where the judge finds and the subpoena states that there is
     8  reasonable cause to believe such information is relevant and material to
     9  the prosecution, or the defense, or the investigation by  an  authorized
    10  law  enforcement official, of the alleged commission of a misdemeanor or

    11  felony in this state or another state, provided, however, that  if  such
    12  offense  was against the laws of another state, such judge or magistrate
    13  shall only issue such subpoena if the conduct  comprising  such  offense
    14  would, if occurring in this state, constitute a misdemeanor or felony in
    15  this state; and
    16    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    17  of this subparagraph and otherwise admissible, be used in such  criminal
    18  action or proceeding.
    19    (b) If the city of New York establishes a demonstration program pursu-
    20  ant  to subdivision (a) of this section, the owner of a vehicle shall be
    21  liable for a penalty imposed pursuant to this section  if  such  vehicle

    22  was  used  or  operated  with  the  permission  of the owner, express or
    23  implied, within a school speed zone in violation of subdivision  (c)  or
    24  during  the times authorized pursuant to subdivision (a) of this section
    25  in violation of subdivision (b), (d),  (f)  or  (g)  of  section  eleven
    26  hundred eighty of this article, such vehicle was traveling at a speed of
    27  more  than  ten  miles  per  hour above the posted speed limit in effect
    28  within such school speed zone, and such violation is evidenced by infor-
    29  mation obtained from a photo speed violation monitoring system; provided
    30  however that no owner of a vehicle shall be liable for a penalty imposed
    31  pursuant to this section where the operator of  such  vehicle  has  been

    32  convicted  of the underlying violation of subdivision (b), (c), (d), (f)
    33  or (g) of section eleven hundred eighty of this article.
    34    (c) For purposes of this section, the following terms shall  have  the
    35  following meanings:
    36    1.  "manual  on uniform traffic control devices" or "MUTCD" shall mean
    37  the manual and specifications for a uniform system  of  traffic  control
    38  devices  maintained  by  the  commissioner of transportation pursuant to
    39  section sixteen hundred eighty of this chapter;
    40    2. "owner" shall have the meaning provided in article  two-B  of  this
    41  chapter.
    42    3.  "photo  speed  violation  monitoring  system" shall mean a vehicle
    43  sensor installed to work in conjunction with a  speed  measuring  device

    44  which automatically produces two or more photographs, two or more micro-
    45  photographs, a videotape or other recorded images of each vehicle at the
    46  time  it  is  used  or  operated  in a school speed zone in violation of
    47  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    48  of this article in accordance with the provisions of this section; and
    49    4.  "school  speed zone" shall mean a distance not to exceed one thou-
    50  sand three hundred twenty feet on a highway passing a  school  building,
    51  entrance or exit of a school abutting on the highway.
    52    (d)  A  certificate,  sworn to or affirmed by a technician employed by
    53  the city of New York, or a facsimile thereof, based upon  inspection  of

    54  photographs,   microphotographs,  videotape  or  other  recorded  images
    55  produced by a photo speed violation monitoring system,  shall  be  prima
    56  facie  evidence  of the facts contained therein. Any photographs, micro-

        A. 4327--A                         21
 
     1  photographs, videotape  or  other  recorded  images  evidencing  such  a
     2  violation shall include at least two date and time stamped images of the
     3  rear  of  the motor vehicle that include the same stationary object near
     4  the  motor  vehicle  and shall be available for inspection reasonably in
     5  advance of and at any proceeding to adjudicate the  liability  for  such
     6  violation pursuant to this section.
     7    (e)  An owner liable for a violation of subdivision (b), (c), (d), (f)

     8  or (g) of section eleven hundred eighty of this article  pursuant  to  a
     9  demonstration  program  established  pursuant  to  this section shall be
    10  liable for monetary penalties in accordance with a schedule of fines and
    11  penalties to be promulgated by the parking violations bureau of the city
    12  of New York. The liability of the owner pursuant to this  section  shall
    13  not  exceed  fifty  dollars  for each violation; provided, however, that
    14  such parking violations bureau may provide for an additional penalty not
    15  in excess of twenty-five dollars for each violation for the  failure  to
    16  respond to a notice of liability within the prescribed time period.
    17    (f)  An imposition of liability under the demonstration program estab-

    18  lished pursuant to this section shall not be deemed a conviction  as  an
    19  operator  and  shall  not  be  made  part of the operating record of the
    20  person upon whom such liability is imposed nor  shall  it  be  used  for
    21  insurance purposes in the provision of motor vehicle insurance coverage.
    22    (g) 1. A notice of liability shall be sent by first class mail to each
    23  person  alleged  to be liable as an owner for a violation of subdivision
    24  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    25  cle pursuant to this section, within  fourteen  business  days  if  such
    26  owner is a resident of this state and within forty-five business days if
    27  such  owner  is a non-resident. Personal delivery on the owner shall not

    28  be required. A manual or automatic record of  mailing  prepared  in  the
    29  ordinary  course  of business shall be prima facie evidence of the facts
    30  contained therein.
    31    2. A notice of liability shall contain the name  and  address  of  the
    32  person  alleged  to be liable as an owner for a violation of subdivision
    33  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this arti-
    34  cle pursuant to this section, the registration  number  of  the  vehicle
    35  involved  in  such  violation,  the  location  where such violation took
    36  place, the date and time of such violation, the identification number of
    37  the camera which  recorded  the  violation  or  other  document  locator
    38  number,  at  least  two  date and time stamped images of the rear of the

    39  motor vehicle that include the same stationary  object  near  the  motor
    40  vehicle, and the certificate charging the liability.
    41    3.  The  notice  of  liability  shall contain information advising the
    42  person charged of the manner and the time in which he or she may contest
    43  the liability alleged in the notice.   Such notice  of  liability  shall
    44  also contain a prominent warning to advise the person charged that fail-
    45  ure to contest in the manner and time provided shall be deemed an admis-
    46  sion of liability and that a default judgment may be entered thereon.
    47    4. The notice of liability shall be prepared and mailed by the city of
    48  New  York,  or by any other entity authorized by the city to prepare and
    49  mail such notice of liability.

    50    (h) Adjudication of the liability imposed upon owners of this  section
    51  shall be by the New York city parking violations bureau.
    52    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    53  section for any time period during which the vehicle or the number plate
    54  or plates of such vehicle was  reported  to  the  police  department  as
    55  having  been  stolen,  it  shall  be a valid defense to an allegation of
    56  liability for a violation of subdivision (b), (c), (d), (f)  or  (g)  of

        A. 4327--A                         22
 
     1  section  eleven  hundred eighty of this article pursuant to this section
     2  that the vehicle or the number plate or plates of such vehicle had  been

     3  reported  to  the  police  as  stolen  prior  to  the time the violation
     4  occurred  and  had  not  been  recovered  by  such time. For purposes of
     5  asserting the defense provided by this subdivision, it shall  be  suffi-
     6  cient  that  a certified copy of the police report on the stolen vehicle
     7  or number plate or plates of such vehicle be sent by first class mail to
     8  the New York city parking violations bureau,  or  by  any  other  entity
     9  authorized by the city to prepare and mail such notice of liability.
    10    (j)  Adjudication of the liability imposed upon owners of this section
    11  shall be by the New York city parking violations bureau.
    12    (k) 1. An owner who is a lessor of a vehicle  to  which  a  notice  of

    13  liability  was  issued pursuant to subdivision (g) of this section shall
    14  not be liable for the violation of subdivision (b), (c), (d), (f) or (g)
    15  of section eleven hundred  eighty  of  this  article  pursuant  to  this
    16  section, provided that:
    17    (i)  prior  to  the  violation, the lessor has filed with such parking
    18  violations bureau in accordance  with  the  provisions  of  section  two
    19  hundred thirty-nine of this chapter; and
    20    (ii)  within thirty-seven days after receiving notice from such bureau
    21  of the date and time of a liability, together with the other information
    22  contained in the original notice of liability,  the  lessor  submits  to
    23  such  bureau  the  correct name and address of the lessee of the vehicle

    24  identified in the notice of liability at the  time  of  such  violation,
    25  together with such other additional information contained in the rental,
    26  lease  or other contract document, as may be reasonably required by such
    27  bureau pursuant to regulations that may be promulgated for such purpose.
    28    2. Failure to comply with subparagraph (ii) of paragraph (a)  of  this
    29  subdivision  shall render the owner liable for the penalty prescribed in
    30  this section.
    31    3. Where the lessor complies with the provisions of paragraph  (a)  of
    32  this  subdivision,  the  lessee  of  such  vehicle  on  the date of such
    33  violation shall be deemed to be the owner of such vehicle  for  purposes
    34  of this section, shall be subject to liability for such violation pursu-

    35  ant  to this section and shall be sent a notice of liability pursuant to
    36  subdivision nine of this section.
    37    (l) 1. If the owner liable for a violation of subdivision (c)  or  (d)
    38  of  section  eleven  hundred  eighty  of  this  article pursuant to this
    39  section was not  the  operator  of  the  vehicle  at  the  time  of  the
    40  violation,  the owner may maintain an action for indemnification against
    41  the operator.
    42    2. Notwithstanding any other provision of this section, no owner of  a
    43  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    44  section if the operator of such vehicle was operating such vehicle with-
    45  out the consent of the owner at the time  such  operator  operated  such

    46  vehicle in violation of subdivision (b), (c), (d), (f) or (g) of section
    47  eleven  hundred eighty of this article. For purposes of this subdivision
    48  there shall be a presumption that the operator of such vehicle was oper-
    49  ating such vehicle with the consent of the owner at  the  time  of  such
    50  operator  operated  such  vehicle  in violation of subdivision (b), (c),
    51  (d), (f) or (g) of section eleven hundred eighty of this article.
    52    (m) Nothing in this section shall be construed to limit the  liability
    53  of  an operator of a vehicle for any violation of subdivision (c) or (d)
    54  of section eleven hundred eighty of this article.
    55    (n) If the city adopts a demonstration program pursuant to subdivision

    56  one of this section it shall conduct a study and submit a report on  the

        A. 4327--A                         23
 
     1  results of the use of photo devices to the governor, the temporary pres-
     2  ident  of  the senate and the speaker of the assembly. Such report shall
     3  include:
     4    1. the locations where and dates when photo speed violation monitoring
     5  systems were used;
     6    2.  the  aggregate  number,  type and severity of crashes, fatalities,
     7  injuries and property damage reported  within  all  school  speed  zones
     8  within  the  city,  to  the  extent the information is maintained by the
     9  department of motor vehicles of this state;
    10    3. the aggregate number, type and  severity  of  crashes,  fatalities,

    11  injuries  and  property  damage reported within school speed zones where
    12  photo speed violation monitoring systems were used, to  the  extent  the
    13  information  is  maintained  by the department of motor vehicles of this
    14  state;
    15    4. the number of violations recorded within  all  school  speed  zones
    16  within the city, in the aggregate on a daily, weekly and monthly basis;
    17    5.  the  number  of  violations recorded within each school speed zone
    18  where a photo speed violation monitoring system is used, in  the  aggre-
    19  gate on a daily, weekly and monthly basis;
    20    6.  the  number  of  violations recorded within all school speed zones
    21  within the city that were:
    22    (i) more than ten but not more than twenty miles  per  hour  over  the

    23  posted speed limit;
    24    (ii) more than twenty but not more than thirty miles per hour over the
    25  posted speed limit;
    26    (iii) more than thirty but not more than forty miles per hour over the
    27  posted speed limit; and
    28    (iv) more than forty miles per hour over the posted speed limit;
    29    7.  the  number  of  violations recorded within each school speed zone
    30  where a photo speed violation monitoring system is used that were:
    31    (i) more than ten but not more than twenty miles  per  hour  over  the
    32  posted speed limit;
    33    (ii) more than twenty but not more than thirty miles per hour over the
    34  posted speed limit;
    35    (iii) more than thirty but not more than forty miles per hour over the

    36  posted speed limit; and
    37    (iv) more than forty miles per hour over the posted speed limit;
    38    8.  the  total  number  of  notices of liability issued for violations
    39  recorded by such systems;
    40    9. the number of fines and total amount of fines paid after the  first
    41  notice of liability issued for violations recorded by such systems;
    42    10. the number of violations adjudicated and the results of such adju-
    43  dications  including  breakdowns  of  dispositions  made  for violations
    44  recorded by such systems;
    45    11. the total amount of revenue realized by  the  city  in  connection
    46  with the program;
    47    12.  the expenses incurred by the city in connection with the program;
    48  and

    49    13. the quality of the adjudication process and its results.
    50    (o) It shall be a defense to any prosecution for a violation of subdi-
    51  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    52  this  article  pursuant  to this section that such photo speed violation
    53  monitoring  system  was  malfunctioning  at  the  time  of  the  alleged
    54  violation.
    55    §  11.  The  opening  paragraph  and paragraph (c) of subdivision 1 of
    56  section 1809 of the vehicle and traffic law, as amended by section 10 of

        A. 4327--A                         24
 
     1  part II of chapter 59 of the laws  of  2010,  are  amended  to  read  as
     2  follows:
     3    Whenever  proceedings in an administrative tribunal or a court of this

     4  state result in a conviction for an offense  under  this  chapter  or  a
     5  traffic  infraction  under this chapter, or a local law, ordinance, rule
     6  or regulation adopted pursuant to this chapter,  other  than  a  traffic
     7  infraction  involving  standing,  stopping,  or parking or violations by
     8  pedestrians or bicyclists, or other than an adjudication of liability of
     9  an owner for a violation of subdivision (d) of  section  eleven  hundred
    10  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    11  eleven-a of this chapter, or other than an adjudication of liability  of
    12  an  owner  for  a violation of subdivision (d) of section eleven hundred
    13  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    14  eleven-b  of  this  chapter, or other than an adjudication in accordance
    15  with section eleven hundred eleven-c of this chapter for a violation  of

    16  a  bus  lane  restriction  as  defined in such section, or other than an
    17  adjudication of liability of an owner for  a  violation  of  subdivision
    18  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    19  ter  in accordance with section eleven hundred eighty-b of this chapter,
    20  there shall be levied a crime victim  assistance  fee  and  a  mandatory
    21  surcharge,  in addition to any sentence required or permitted by law, in
    22  accordance with the following schedule:
    23    (c) Whenever proceedings in an administrative tribunal or a  court  of
    24  this  state  result  in  a  conviction for an offense under this chapter
    25  other than a crime pursuant to section eleven hundred ninety-two of this
    26  chapter, or a traffic infraction under this chapter,  or  a  local  law,
    27  ordinance,  rule  or  regulation adopted pursuant to this chapter, other

    28  than a traffic infraction involving standing, stopping,  or  parking  or
    29  violations  by  pedestrians or bicyclists, or other than an adjudication
    30  of liability of an owner for a violation of subdivision (d)  of  section
    31  eleven  hundred eleven of this chapter in accordance with section eleven
    32  hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
    33  liability  of  an  owner  for  a violation of subdivision (d) of section
    34  eleven hundred eleven of this chapter in accordance with section  eleven
    35  hundred  eleven-b  of this chapter, or other than an infraction pursuant
    36  to article nine of this chapter or other than an adjudication of liabil-
    37  ity of an owner for a violation of toll collection regulations  pursuant
    38  to  section two thousand nine hundred eighty-five of the public authori-
    39  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven

    40  hundred seventy-four of the laws of nineteen hundred fifty or other than
    41  an adjudication in accordance with section eleven  hundred  eleven-c  of
    42  this  chapter  for  a  violation of a bus lane restriction as defined in
    43  such section, or other than an adjudication of liability of an owner for
    44  a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
    45  hundred eighty of this chapter in accordance with section eleven hundred
    46  eighty-b  of  this chapter, there shall be levied a crime victim assist-
    47  ance fee in the amount of five dollars and  a  mandatory  surcharge,  in
    48  addition  to any sentence required or permitted by law, in the amount of
    49  fifty-five dollars.
    50    § 11-a. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    51  as amended by section 10-a of part II of chapter 59 of the laws of 2010,

    52  is amended to read as follows:
    53    1.  Whenever  proceedings  in an administrative tribunal or a court of
    54  this state result in a conviction for a crime under this  chapter  or  a
    55  traffic  infraction  under this chapter, or a local law, ordinance, rule
    56  or regulation adopted pursuant to this chapter,  other  than  a  traffic

        A. 4327--A                         25
 
     1  infraction involving standing, stopping, parking or motor vehicle equip-
     2  ment  or violations by pedestrians or bicyclists, or other than an adju-
     3  dication of liability of an owner for a violation of subdivision (d)  of
     4  section eleven hundred eleven of this chapter in accordance with section
     5  eleven  hundred  eleven-a of this chapter, or other than an adjudication
     6  of liability of an owner for a violation of subdivision (d)  of  section

     7  eleven  hundred eleven of this chapter in accordance with section eleven
     8  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
     9  accordance  with  section  eleven hundred eleven-c of this chapter for a
    10  violation of a bus lane restriction as defined in such section, or other
    11  than an adjudication of liability of an owner for a violation of  subdi-
    12  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    13  this chapter in accordance with section eleven hundred eighty-b of  this
    14  chapter, there shall be levied a mandatory surcharge, in addition to any
    15  sentence  required  or  permitted  by  law, in the amount of twenty-five
    16  dollars.
    17    § 11-b. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    18  as amended by section 10-b of part II of chapter 59 of the laws of 2010,

    19  is amended to read as follows:
    20    1.  Whenever  proceedings  in an administrative tribunal or a court of
    21  this state result in a conviction for a crime under this  chapter  or  a
    22  traffic  infraction  under  this chapter other than a traffic infraction
    23  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    24  violations  by  pedestrians or bicyclists, or other than an adjudication
    25  in accordance with section eleven hundred eleven-c of this chapter for a
    26  violation of a bus lane restriction as defined in such section, or other
    27  than an adjudication of liability of an owner for a violation of  subdi-
    28  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    29  this chapter in accordance with section eleven hundred eighty-b of  this
    30  chapter, there shall be levied a mandatory surcharge, in addition to any

    31  sentence  required  or  permitted  by  law,  in  the amount of seventeen
    32  dollars.
    33    § 11-c. Subdivision 1 of section 1809 of the vehicle and traffic  law,
    34  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    35  of the laws of 1989, is amended to read as follows:
    36    1. Whenever proceedings in an administrative tribunal or  a  court  of
    37  this  state  result  in a conviction for a crime under this chapter or a
    38  traffic infraction under this chapter other than  a  traffic  infraction
    39  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    40  violations by pedestrians or bicyclists, or other than  an  adjudication
    41  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    42  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-

    43  ance  with  section eleven hundred eighty-b of this chapter, there shall
    44  be levied a mandatory surcharge, in addition to any sentence required or
    45  permitted by law, in the amount of seventeen dollars.
    46    § 12. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
    47  and  traffic  law,  as amended by section 11 of part II of chapter 59 of
    48  the laws of 2010, is amended to read as follows:
    49    a. Notwithstanding any other provision of law, whenever proceedings in
    50  a court or  an  administrative  tribunal  of  this  state  result  in  a
    51  conviction for an offense under this chapter, except a conviction pursu-
    52  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    53  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    54  regulation adopted pursuant to this chapter, except a traffic infraction

    55  involving standing, stopping, or parking or violations by pedestrians or
    56  bicyclists, and except an adjudication of liability of an  owner  for  a

        A. 4327--A                         26
 
     1  violation  of  subdivision  (d) of section eleven hundred eleven of this
     2  chapter in accordance with section eleven hundred eleven-a of this chap-
     3  ter, and except an adjudication of liability of an owner for a violation
     4  of  subdivision  (d) of section eleven hundred eleven of this chapter in
     5  accordance with section eleven hundred eleven-b  of  this  chapter,  and
     6  except  an  adjudication  in  accordance  with  section  eleven  hundred
     7  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
     8  defined  in  such section, and except an adjudication of liability of an

     9  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    10  section eleven hundred eighty of this chapter in accordance with section
    11  eleven  hundred  eighty-b of this chapter, and except an adjudication of
    12  liability of an owner for a violation  of  toll  collection  regulations
    13  pursuant  to section two thousand nine hundred eighty-five of the public
    14  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-
    15  ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
    16  there shall be levied in addition to  any  sentence,  penalty  or  other
    17  surcharge required or permitted by law, an additional surcharge of twen-
    18  ty dollars.
    19    §  12-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    20  and traffic law, as amended by section 3 of part C of chapter 55 of  the

    21  laws of 2013, is amended to read as follows:
    22    a. Notwithstanding any other provision of law, whenever proceedings in
    23  a  court  or  an  administrative  tribunal  of  this  state  result in a
    24  conviction for an offense under this chapter, except a conviction pursu-
    25  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    26  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    27  regulation adopted pursuant to this chapter, except a traffic infraction
    28  involving standing, stopping, or parking or violations by pedestrians or
    29  bicyclists,  and  except  an adjudication of liability of an owner for a
    30  violation of subdivision (d) of section eleven hundred  eleven  of  this
    31  chapter in accordance with section eleven hundred eleven-a of this chap-
    32  ter, and except an adjudication of liability of an owner for a violation

    33  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    34  accordance with section eleven hundred eleven-b  of  this  chapter,  and
    35  except  an  adjudication  in  accordance  with  section  eleven  hundred
    36  eleven-c of this chapter of a violation of a  bus  lane  restriction  as
    37  defined  in  such section, and expect an adjudication of liability of an
    38  owner for a violation of subdivision  (b),  (c),  (d),  (f)  or  (g)  of
    39  section eleven hundred eighty of this chapter in accordance with section
    40  eleven  hundred  eighty-b of this chapter, and except an adjudication of
    41  liability of an owner for a violation  of  toll  collection  regulations
    42  pursuant  to section two thousand nine hundred eighty-five of the public
    43  authorities law or sections sixteen-a, sixteen-b and sixteen-c of  chap-

    44  ter  seven  hundred  seventy-four of the laws of nineteen hundred fifty,
    45  there shall be levied in addition to  any  sentence,  penalty  or  other
    46  surcharge required or permitted by law, an additional surcharge of twen-
    47  ty-eight dollars.
    48    §  12-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    49  and traffic law, as amended by section 4 of part C of chapter 55 of  the
    50  laws of 2013, is amended to read as follows:
    51    a. Notwithstanding any other provision of law, whenever proceedings in
    52  a  court  or  an  administrative  tribunal  of  this  state  result in a
    53  conviction for an offense under this chapter, except a conviction pursu-
    54  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    55  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    56  regulation adopted pursuant to this chapter, except a traffic infraction

        A. 4327--A                         27
 
     1  involving standing, stopping, or parking or violations by pedestrians or
     2  bicyclists,  and  except  an adjudication of liability of an owner for a
     3  violation of subdivision (d) of section eleven hundred  eleven  of  this
     4  chapter in accordance with section eleven hundred eleven-a of this chap-
     5  ter,  and  except  an  adjudication  in  accordance  with section eleven
     6  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
     7  restriction  as  defined  in such section, and except an adjudication of
     8  liability of an owner for a violation of subdivision (b), (c), (d),  (f)
     9  or  (g)  of  section eleven hundred eighty of this chapter in accordance
    10  with section eleven hundred eighty-b of  this  chapter,  and  except  an

    11  adjudication of liability of an owner for a violation of toll collection
    12  regulations pursuant to section two thousand nine hundred eighty-five of
    13  the   public  authorities  law  or  sections  sixteen-a,  sixteen-b  and
    14  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    15  hundred fifty, there shall be levied in addition to any sentence, penal-
    16  ty  or  other  surcharge  required  or  permitted  by law, an additional
    17  surcharge of twenty-eight dollars.
    18    § 12-c. Paragraph a of subdivision 1 of section 1809-e of the  vehicle
    19  and  traffic  law,  as added by section 5 of part C of chapter 55 of the
    20  laws of 2013, is amended to read as follows:
    21    a. Notwithstanding any other provision of law, whenever proceedings in
    22  a court or  an  administrative  tribunal  of  this  state  result  in  a
    23  conviction for an offense under this chapter, except a conviction pursu-

    24  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    25  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    26  regulation adopted pursuant to this chapter, except a traffic infraction
    27  involving standing, stopping, or parking or violations by pedestrians or
    28  bicyclists, and except an adjudication of liability of an  owner  for  a
    29  violation  of  subdivision  (d) of section eleven hundred eleven of this
    30  chapter in accordance with section eleven hundred eleven-a of this chap-
    31  ter, and except an adjudication of liability of an owner for a violation
    32  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    33  eighty  of this chapter in accordance with section eleven hundred eight-
    34  y-b of this chapter, and except an adjudication of liability of an owner

    35  for a violation of toll collection regulations pursuant to  section  two
    36  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    37  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    38  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    39  levied in addition to any sentence, penalty or other surcharge  required
    40  or permitted by law, an additional surcharge of twenty-eight dollars.
    41    §  13.  Subdivision  2  of  section  87  of the public officers law is
    42  amended by adding a new paragraph (m) to read as follows:
    43    (m) are photographs, microphotographs,  videotape  or  other  recorded
    44  images  prepared  under the authority of section eleven hundred eighty-b
    45  of the vehicle and traffic law.
    46    § 14. The purchase or lease of equipment for a  demonstration  program

    47  pursuant  to  section  1180-b  of  the  vehicle and traffic law shall be
    48  subject to the provisions of section 103 of the general municipal law.
    49    § 15. This act shall take effect on the thirtieth day after  it  shall
    50  have  become  a  law  and shall expire 5 years after such effective date
    51  when upon such date the provisions of this act shall be deemed repealed;
    52  and provided further that any rules necessary for the implementation  of
    53  this  act  on  its effective date shall be promulgated on or before such
    54  effective date, provided that:
    55    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
    56  traffic law made by section one of this act shall not affect the expira-

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     1  tion  of  such subdivision and shall be deemed to expire therewith, when

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

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

    29  upon  such  date  the provisions of section two-c of this act shall take
    30  effect;
    31    (h) the amendments to subdivision 12 of section 237 of the vehicle and
    32  traffic law made by section three of  this  act  shall  not  affect  the
    33  repeal of such subdivision and shall be deemed to be repealed therewith,
    34  when  upon such date the provisions of section three-a of this act shall
    35  take effect;
    36    (h-1) the amendments to subdivision 11 of section 237 of  the  vehicle
    37  and traffic law made by section three-a of this act shall not affect the
    38  expiration  and  reversion  of  such  subdivision  and  shall  be deemed
    39  repealed therewith;
    40    (i) the amendments to paragraph f of subdivision 1 of section  239  of
    41  the  vehicle  and traffic law made by section four 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-a of this
    44  act shall take effect;
    45    (j) the amendments to paragraph f of subdivision 1 of section  239  of
    46  the vehicle and traffic law made by section four-a 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-b of  this
    49  act shall take effect;
    50    (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
    51  the vehicle and traffic law made by section four-b of this act shall not
    52  affect the expiration of such paragraph and shall be  deemed  to  expire
    53  therewith,  when upon such date the provisions of section four-c of this
    54  act shall take effect;
    55    (l) the amendments to subdivision 4 of section 239 of the vehicle  and
    56  traffic law made by section five of this act shall not affect the repeal

        A. 4327--A                         29
 
     1  of  such  subdivision and shall be deemed to be repealed therewith, when
     2  upon such date the provisions of section five-a of this act  shall  take
     3  effect;
     4    (m)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
     5  vehicle and traffic law made by section six of this act shall not affect
     6  the expiration of such subdivisions and shall be deemed to expire there-
     7  with, when upon such date the provisions of section six-a  of  this  act
     8  shall take effect;
     9    (n)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    10  vehicle and traffic law made by section six-a  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-b of this
    13  act shall take effect;

    14    (o) the amendments to subdivisions 1 and 1-a of  section  240  of  the
    15  vehicle  and  traffic  law  made  by section six-b of this act shall not
    16  affect the expiration of such subdivisions and shall be deemed to expire
    17  therewith, when upon such date the provisions of section six-c  of  this
    18  act shall take effect;
    19    (p)  the  amendments to paragraphs a and g of subdivision 2 of section
    20  240 of the vehicle and traffic law made by section  seven  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-a of this act shall take effect;
    24    (q)  the  amendments to paragraphs a and g of subdivision 2 of section
    25  240 of the vehicle and traffic law made by section seven-a 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-b of this act shall take effect;
    29    (r)  the  amendments to paragraphs a and g of subdivision 2 of section
    30  240 of the vehicle and traffic law made by section seven-b of  this  act
    31  shall  not  affect the expiration of such paragraphs and shall be deemed
    32  to expire therewith, when upon  such  date  the  provisions  of  section
    33  seven-c of this act shall take effect;
    34    (s) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    35  cle  and  traffic law made by section eight 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-a of this  act
    38  shall take effect;
    39    (t) the amendments to subdivisions 1 and 2 of section 241 of the vehi-

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

    54    (w) the amendments to paragraph a of subdivision 5-a of section 401 of
    55  the vehicle and traffic law made by section nine-a of this act shall not
    56  affect  the  expiration  of such paragraph and shall be deemed to expire

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     1  therewith, when upon such date the provisions of section nine-b of  this
     2  act shall take effect;
     3    (x) the amendments to paragraph a of subdivision 5-a of section 401 of
     4  the vehicle and traffic law made by section nine-b of this act shall not
     5  affect  the  expiration  of such paragraph and shall be deemed to expire
     6  therewith, when upon such date the provisions of section nine-c of  this
     7  act shall take effect;
     8    (y) the amendments to subdivision 1 of section 1809 of the vehicle and
     9  traffic  law  made  by  section  eleven 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-a of this act shall
    12  take effect;
    13    (z) the amendments to subdivision 1 of section 1809 of the vehicle and
    14  traffic  law  made  by section eleven-a of this act shall not affect the
    15  expiration of such subdivision and shall be deemed to expire  therewith,
    16  when upon such date the provisions of section eleven-b of this act shall
    17  take effect;
    18    (aa)  the  amendments  to subdivision 1 of section 1809 of the vehicle
    19  and traffic law made by section eleven-b of this act  shall  not  affect
    20  the  expiration of such subdivision and shall be deemed to expire there-
    21  with, when upon such date the provisions of section eleven-c of this act
    22  shall take effect;
    23    (bb) the amendments to paragraph a of subdivision 1 of section  1809-e

    24  of  the vehicle and traffic law made by section twelve of this act shall
    25  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    26  expire therewith, when upon such date the provisions of section twelve-a
    27  of this act shall take effect; and
    28    (cc)  the amendments to paragraph a of subdivision 1 of section 1809-e
    29  of the vehicle and traffic law made by  section  twelve-a  of  this  act
    30  shall not affect the expiration of such paragraph and shall be deemed to
    31  expire therewith, when upon such date the provisions of section twelve-b
    32  of this act shall take effect; and
    33    (dd)  the amendments to paragraph a of subdivision 1 of section 1809-e
    34  of the vehicle and traffic law made by  section  twelve-b  of  this  act
    35  shall not affect the expiration of such paragraph and shall be deemed to
    36  expire therewith, when upon such date the provisions of section twelve-c

    37  of this act shall take effect.
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