Amd V & T L, generally; amd S371, Gen Muni L; amd S87, Pub Off L
Relates to owner liability for failure of operator to comply with traffic-control indications in the city of White Plains, and provides for the repeal of such provisions upon expiration thereof.
STATE OF NEW YORK
________________________________________________________________________
7730
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. BUCHWALD, PAULIN -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, the general municipal law,
and the public officers law, in relation to owner liability for fail-
ure of an operator to comply with traffic-control indications in the
city of White Plains; 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 separately amended by section 1 of chapters 99, 101 and 123 of
3 the laws of 2014, 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
16 liability of owners for violations of subdivision (d) of section eleven
17 hundred eleven of this chapter in accordance with section eleven hundred
18 eleven-d of this chapter, or to adjudicate the liability of owners for
19 violations of subdivision (d) of section eleven hundred eleven of this
20 chapter in accordance with section eleven hundred eleven-e of this chap-
21 ter, or to adjudicate the liability of owners for violations of toll
22 collection regulations as defined in and in accordance with the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10394-01-5
A. 7730 2
1 provisions of section two thousand nine hundred eighty-five of the
2 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
3 of chapter seven hundred seventy-four of the laws of nineteen hundred
4 fifty, or to adjudicate liability of owners in accordance with section
5 eleven hundred eleven-c of this chapter for violations of bus lane
6 restrictions as defined in subdivision (b), (c), (d), (f) or (g) of such
7 section, or to adjudicate the liability of owners for violations of
8 section eleven hundred eighty of this chapter in accordance with section
9 eleven hundred eighty-b of this chapter, such tribunal and the rules and
10 regulations pertaining thereto shall be constituted in substantial
11 conformance with the following sections.
12 § 1-a. Section 235 of the vehicle and traffic law, as separately
13 amended by section 1-a of chapters 99, 101, and 123 of the laws of 2014,
14 is amended to read as follows:
15 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
16 general, special or local law or administrative code to the contrary, in
17 any city which heretofore or hereafter is authorized to establish an
18 administrative tribunal to hear and determine complaints of traffic
19 infractions constituting parking, standing or stopping violations, or to
20 adjudicate the liability of owners for violations of subdivision (d) of
21 section eleven hundred eleven of this chapter in accordance with section
22 eleven hundred eleven-a of this chapter, or to adjudicate the liability
23 of owners for violations of subdivision (d) of section eleven hundred
24 eleven of this chapter in accordance with sections eleven hundred
25 eleven-b of this chapter as added by sections sixteen of chapters twen-
26 ty, twenty-one, and twenty-two of the laws of two thousand nine, or to
27 adjudicate the liability of owners for violations of subdivision (d) of
28 section eleven hundred eleven of this chapter in accordance with section
29 eleven hundred eleven-d of this chapter, or to adjudicate the liability
30 of owners for violations of subdivision (d) of section eleven hundred
31 eleven of this chapter in accordance with section eleven hundred
32 eleven-e of this chapter, or to adjudicate the liability of owners for
33 violations of toll collection regulations as defined in and in accord-
34 ance with the provisions of section two thousand nine hundred eighty-
35 five of the public authorities law and sections sixteen-a, sixteen-b and
36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
37 hundred fifty, or to adjudicate liability of owners in accordance with
38 section eleven hundred eleven-c of this chapter for violations of bus
39 lane restrictions as defined in such section, or to adjudicate the
40 liability of owners for violations of subdivision (b), (c), (d), (f) or
41 (g) of section eleven hundred eighty of this chapter in accordance with
42 section eleven hundred eighty-b of this chapter, such tribunal and the
43 rules and regulations pertaining thereto shall be constituted in
44 substantial conformance with the following sections.
45 § 1-b. Section 235 of the vehicle and traffic law, as separately
46 amended by section 1-b of chapters 99, 101, and 123 of the laws of 2014,
47 is amended to read as follows:
48 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
49 general, special or local law or administrative code to the contrary, in
50 any city which heretofore or hereafter is authorized to establish an
51 administrative tribunal to hear and determine complaints of traffic
52 infractions constituting parking, standing or stopping violations, or to
53 adjudicate the liability of owners for violations of subdivision (d) of
54 section eleven hundred eleven of this chapter in accordance with
55 sections eleven hundred eleven-b of this chapter as added by sections
56 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
A. 7730 3
1 two thousand nine, or to adjudicate the liability of owners for
2 violations of subdivision (d) of section eleven hundred eleven of this
3 chapter in accordance with section eleven hundred eleven-d of this chap-
4 ter, or to adjudicate the liability of owners for violations of subdivi-
5 sion (d) of section eleven hundred eleven of this chapter in accordance
6 with section eleven hundred eleven-e of this chapter, or to adjudicate
7 the liability of owners for violations of toll collection regulations as
8 defined in and in accordance with the provisions of section two thousand
9 nine hundred eighty-five of the public authorities law and sections
10 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
11 of the laws of nineteen hundred fifty, or to adjudicate liability of
12 owners in accordance with section eleven hundred eleven-c of this chap-
13 ter for violations of bus lane restrictions as defined in such section,
14 or to adjudicate the liability of owners for violations of subdivision
15 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
16 ter in accordance with section eleven hundred eighty-b of this chapter,
17 such tribunal and the rules and regulations pertaining thereto shall be
18 constituted in substantial conformance with the following sections.
19 § 1-c. Section 235 of the vehicle and traffic law, as separately
20 amended by section 1-c of chapters 99, 101, and 123 of the laws of 2014,
21 is amended to read as follows:
22 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
23 general, special or local law or administrative code to the contrary, in
24 any city which heretofore or hereafter is authorized to establish an
25 administrative tribunal to hear and determine complaints of traffic
26 infractions constituting parking, standing or stopping violations, or to
27 adjudicate the liability of owners for violations of subdivision (d) of
28 section eleven hundred eleven of this chapter in accordance with section
29 eleven hundred eleven-d of this chapter, or to adjudicate the liability
30 of owners for violations of subdivision (d) of section eleven hundred
31 eleven of this chapter in accordance with section eleven hundred
32 eleven-e of this chapter, or to adjudicate the liability of owners for
33 violations of toll collection regulations as defined in and in accord-
34 ance with the provisions of section two thousand nine hundred eighty-
35 five of the public authorities law and sections sixteen-a, sixteen-b and
36 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
37 hundred fifty, or to adjudicate liability of owners in accordance with
38 section eleven hundred eleven-c of this chapter for violations of bus
39 lane restrictions as defined in such section, or to adjudicate the
40 liability of owners for violations of subdivision (b), (c), (d), (f) or
41 (g) of section eleven hundred eighty of this chapter in accordance with
42 section eleven hundred eighty-b of this chapter, such tribunal and the
43 rules and regulations pertaining thereto shall be constituted in
44 substantial conformance with the following sections.
45 § 1-d. Section 235 of the vehicle and traffic law, as separately
46 amended by section 1-d of chapters 99, 101, and 123 of the laws of 2014,
47 is amended to read as follows:
48 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
49 general, special or local law or administrative code to the contrary, in
50 any city which heretofore or hereafter is authorized to establish an
51 administrative tribunal to hear and determine complaints of traffic
52 infractions constituting parking, standing or stopping violations, or to
53 adjudicate the liability of owners for violations of subdivision (d) of
54 section eleven hundred eleven of this chapter in accordance with section
55 eleven hundred eleven-d of this chapter, or to adjudicate the liability
56 of owners for violations of subdivision (d) of section eleven hundred
A. 7730 4
1 eleven of this chapter in accordance with section eleven hundred
2 eleven-e of this chapter, or to adjudicate the liability of owners for
3 violations of toll collection regulations as defined in and in accord-
4 ance with the provisions of section two thousand nine hundred eighty-
5 five of the public authorities law and sections sixteen-a, sixteen-b and
6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
7 hundred fifty, or to adjudicate liability of owners for violations of
8 subdivisions (c) and (d) of section eleven hundred eighty of this chap-
9 ter in accordance with section eleven hundred eighty-b of this chapter,
10 such tribunal and the rules and regulations pertaining thereto shall be
11 constituted in substantial conformance with the following sections.
12 § 1-e. Section 235 of the vehicle and traffic law, as separately
13 amended by section 1-e of chapters 99, 101, and 123 of the laws of 2014,
14 is amended to read as follows:
15 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
16 general, special or local law or administrative code to the contrary, in
17 any city which heretofore or hereafter is authorized to establish an
18 administrative tribunal to hear and determine complaints of traffic
19 infractions constituting parking, standing or stopping violations, or to
20 adjudicate the liability of owners for violations of subdivision (d) of
21 section eleven hundred eleven of this chapter in accordance with section
22 eleven hundred eleven-d of this chapter, or to adjudicate the liability
23 of owners for violations of subdivision (d) of section eleven hundred
24 eleven of this chapter in accordance with section eleven hundred
25 eleven-e of this chapter, or to adjudicate the liability of owners for
26 violations of toll collection regulations as defined in and in accord-
27 ance with the provisions of section two thousand nine hundred eighty-
28 five of the public authorities law and sections sixteen-a, sixteen-b and
29 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
30 hundred fifty, such tribunal and the rules and regulations pertaining
31 thereto shall be constituted in substantial conformance with the follow-
32 ing sections.
33 § 1-f. Section 235 of the vehicle and traffic law, as separately
34 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
35 of 1992, is amended to read as follows:
36 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
37 general, special or local law or administrative code to the contrary, in
38 any city which heretofore or hereafter is authorized to establish an
39 administrative tribunal to hear and determine complaints of traffic
40 infractions constituting parking, standing or stopping violations, or to
41 adjudicate the liability of owners for violations of subdivision (d) of
42 section eleven hundred eleven of this chapter in accordance with section
43 eleven hundred eleven-e of this chapter, or to adjudicate the liability
44 of owners for violations of toll collection regulations as defined in
45 and in accordance with the provisions of section two thousand nine
46 hundred eighty-five of the public authorities law and sections
47 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
48 of the laws of nineteen hundred fifty, such tribunal and the rules and
49 regulations pertaining thereto shall be constituted in substantial
50 conformance with the following sections.
51 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
52 separately amended by section 2 of chapters 99, 101, and 123 of the laws
53 of 2014, is amended to read as follows:
54 1. Creation. In any city as hereinbefore or hereafter authorized such
55 tribunal when created shall be known as the parking violations bureau
56 and shall have jurisdiction of traffic infractions which constitute a
A. 7730 5
1 parking violation and, where authorized by local law adopted pursuant to
2 subdivision (a) of section eleven hundred eleven-a of this chapter or
3 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
4 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
5 of the laws of two thousand nine, or subdivision (a) of section eleven
6 hundred eleven-d of this chapter, or subdivision (a) of section eleven
7 hundred eleven-e of this chapter, shall adjudicate the liability of
8 owners for violations of subdivision (d) of section eleven hundred elev-
9 en of this chapter in accordance with such section eleven hundred
10 eleven-a, sections eleven hundred eleven-b as added by sections sixteen
11 of chapters twenty, twenty-one, and twenty-two of the laws of two thou-
12 sand nine, or section eleven hundred eleven-d or section eleven hundred
13 eleven-e and shall adjudicate the liability of owners for violations of
14 toll collection regulations as defined in and in accordance with the
15 provisions of section two thousand nine hundred eighty-five of the
16 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
17 of chapter seven hundred seventy-four of the laws of nineteen hundred
18 fifty and shall adjudicate liability of owners in accordance with
19 section eleven hundred eleven-c of this chapter for violations of bus
20 lane restrictions as defined in such section and shall adjudicate the
21 liability of owners for violations of subdivision (b), (c), (d), (f) or
22 (g) of section eleven hundred eighty of this chapter in accordance with
23 section eleven hundred eighty-b of this chapter. Such tribunal, except
24 in a city with a population of one million or more, shall also have
25 jurisdiction of abandoned vehicle violations. For the purposes of this
26 article, a parking violation is the violation of any law, rule or regu-
27 lation providing for or regulating the parking, stopping or standing of
28 a vehicle. In addition for purposes of this article, "commissioner"
29 shall mean and include the commissioner of traffic of the city or an
30 official possessing authority as such a commissioner.
31 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
32 separately amended by section 2-a of chapters 99, 101, and 123 of the
33 laws of 2014, is amended to read as follows:
34 1. Creation. In any city as hereinbefore or hereafter authorized such
35 tribunal when created shall be known as the parking violations bureau
36 and shall have jurisdiction of traffic infractions which constitute a
37 parking violation and, where authorized by local law adopted pursuant to
38 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
39 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
40 of the laws of two thousand nine, or subdivision (a) of section eleven
41 hundred eleven-d of this chapter, or subdivision (a) of section eleven
42 hundred eleven-e of this chapter, shall adjudicate the liability of
43 owners for violations of subdivision (d) of section eleven hundred elev-
44 en of this chapter in accordance with such sections eleven hundred
45 eleven-b as added by sections sixteen of chapters twenty, twenty-one,
46 and twenty-two of the laws of two thousand nine or section eleven
47 hundred eleven-d or section eleven hundred eleven-e; and shall adjudi-
48 cate liability of owners in accordance with section eleven hundred
49 eleven-c of this chapter for violations of bus lane restrictions as
50 defined in such section and shall adjudicate liability of owners for
51 violations of subdivisions (c) and (d) of section eleven hundred eighty
52 of this chapter in accordance with section eleven hundred eighty-b of
53 this chapter. For the purposes of this article, a parking violation is
54 the violation of any law, rule or regulation providing for or regulating
55 the parking, stopping or standing of a vehicle. In addition for purposes
56 of this article, "commissioner" shall mean and include the commissioner
A. 7730 6
1 of traffic of the city or an official possessing authority as such a
2 commissioner.
3 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
4 separately amended by section 2-b of chapters 99, 101, and 123 of the
5 laws of 2014, is amended to read as follows:
6 1. Creation. In any city as hereinbefore or hereafter authorized such
7 tribunal when created shall be known as the parking violations bureau
8 and shall have jurisdiction of traffic infractions which constitute a
9 parking violation and, where authorized by local law adopted pursuant to
10 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
11 section eleven hundred eleven-e of this chapter, shall adjudicate
12 liability of owners in accordance with section eleven hundred eleven-c
13 of this chapter for violations of bus lane restrictions as defined in
14 such section; and shall adjudicate the liability of owners for
15 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
16 hundred eighty of this chapter in accordance with section eleven hundred
17 eighty-b of this chapter. For the purposes of this article, a parking
18 violation is the violation of any law, rule or regulation providing for
19 or regulating the parking, stopping or standing of a vehicle. In addi-
20 tion for purposes of this article, "commissioner" shall mean and include
21 the commissioner of traffic of the city or an official possessing
22 authority as such a commissioner.
23 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
24 separately amended by section 2-c of chapters 99, 101, and 123 of the
25 laws of 2014, is amended to read as follows:
26 1. Creation. In any city as hereinbefore or hereafter authorized such
27 tribunal when created shall be known as the parking violations bureau
28 and, where authorized by local law adopted pursuant to subdivision (a)
29 of section eleven hundred eleven-d of this chapter or subdivision (a) of
30 section eleven hundred eleven-e of this chapter, shall have jurisdiction
31 of traffic infractions which constitute a parking violation and shall
32 adjudicate the liability of owners for violations of subdivision (b),
33 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
34 accordance with section eleven hundred eighty-b of this chapter. For the
35 purposes of this article, a parking violation is the violation of any
36 law, rule or regulation providing for or regulating the parking, stop-
37 ping or standing of a vehicle. In addition for purposes of this article,
38 "commissioner" shall mean and include the commissioner of traffic of the
39 city or an official possessing authority as such a commissioner.
40 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
41 separately amended by section 2-d of chapters 99, 101, and 123 of the
42 laws of 2014, is amended to read as follows:
43 1. Creation. In any city as hereinbefore or hereafter authorized such
44 tribunal when created shall be known as the parking violations bureau
45 and, where authorized by local law adopted pursuant to subdivision (a)
46 of section eleven hundred eleven-d of this chapter or subdivision (a) of
47 section eleven hundred eleven-e of this chapter, shall have jurisdiction
48 of traffic infractions which constitute a parking violation. For the
49 purposes of this article, a parking violation is the violation of any
50 law, rule or regulation providing for or regulating the parking, stop-
51 ping or standing of a vehicle. In addition for purposes of this article,
52 "commissioner" shall mean and include the commissioner of traffic of the
53 city or an official possessing authority as such a commissioner.
54 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
55 added by chapter 715 of the laws of 1972, is amended to read as follows:
A. 7730 7
1 1. Creation. In any city as hereinbefore or hereafter authorized such
2 tribunal when created shall be known as the parking violations bureau
3 and where authorized by local law adopted pursuant to subdivision (a) of
4 section eleven hundred eleven-e of this chapter, shall have jurisdiction
5 of traffic infractions which constitute a parking violation. For the
6 purposes of this article, a parking violation is the violation of any
7 law, rule or regulation providing for or regulating the parking, stop-
8 ping or standing of a vehicle. In addition for purposes of this article,
9 "commissioner" shall mean and include the commissioner of traffic of the
10 city or an official possessing authority as such a commissioner.
11 § 3. Section 237 of the vehicle and traffic law is amended by adding a
12 new subdivision 15 to read as follows:
13 15. To adjudicate the liability of owners for violations of subdivi-
14 sion (d) of section eleven hundred eleven of this chapter in accordance
15 with section eleven hundred eleven-e of this chapter, if authorized by
16 local law adopted pursuant to subdivision (a) of such section eleven
17 hundred eleven-e.
18 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
19 traffic law, as separately amended by section 4 of chapters 99, 101, and
20 123 of the laws of 2014, is amended to read as follows:
21 f. "Notice of violation" means a notice of violation as defined in
22 subdivision nine of section two hundred thirty-seven of this article,
23 but shall not be deemed to include a notice of liability issued pursuant
24 to authorization set forth in section eleven hundred eleven-a of this
25 chapter, or sections eleven hundred eleven-b of this chapter as added by
26 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
27 laws of two thousand nine, or section eleven hundred eleven-d of this
28 chapter, or section eleven hundred eleven-e of this chapter, and shall
29 not be deemed to include a notice of liability issued pursuant to
30 section two thousand nine hundred eighty-five of the public authorities
31 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
32 hundred seventy-four of the laws of nineteen hundred fifty and shall not
33 be deemed to include a notice of liability issued pursuant to section
34 eleven hundred eleven-c of this chapter and shall not be deemed to
35 include a notice of liability issued pursuant to section eleven hundred
36 eighty-b of this chapter.
37 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as separately amended by section 4-a of chapters 99, 101,
39 and 123 of the laws of 2014, is amended to read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article but
42 shall not be deemed to include a notice of liability issued pursuant to
43 authorization set forth in sections eleven hundred eleven-b of this
44 chapter as added by sections sixteen of chapters twenty, twenty-one, and
45 twenty-two of the laws of two thousand nine or section eleven hundred
46 eleven-d of this chapter or section eleven hundred eleven-e of this
47 chapter and shall not be deemed to include a notice of liability issued
48 pursuant to section eleven hundred eleven-c of this chapter and shall
49 not be deemed to include a notice of liability issued pursuant to
50 section eleven hundred eighty-b of this chapter.
51 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
52 traffic law, as separately amended by section 4-b of chapters 99, 101,
53 and 123 of the laws of 2014, is amended to read as follows:
54 f. "Notice of violation" means a notice of violation as defined in
55 subdivision nine of section two hundred thirty-seven of this article and
56 shall not be deemed to include a notice of liability issued pursuant to
A. 7730 8
1 authorization set forth in section eleven hundred eleven-d of this chap-
2 ter or to a notice of liability issued pursuant to authorization set
3 forth in section eleven hundred eleven-e of this chapter and shall not
4 be deemed to include a notice of liability issued pursuant to section
5 eleven hundred eleven-c of this chapter and shall not be deemed to
6 include a notice of liability issued pursuant to section eleven hundred
7 eighty-b of this chapter.
8 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
9 traffic law, as separately amended by section 4-c of chapters 99, 101,
10 and 123 of the laws of 2014, is amended to read as follows:
11 f. "Notice of violation" means a notice of violation as defined in
12 subdivision nine of section two hundred thirty-seven of this article and
13 shall not be deemed to include a notice of liability issued pursuant to
14 authorization set forth in section eleven hundred eleven-d of this chap-
15 ter or to a notice of liability issued pursuant to authorization set
16 forth in section eleven hundred eleven-e of this chapter and shall not
17 be deemed to include a notice of liability issued pursuant to section
18 eleven hundred eighty-b of this chapter.
19 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
20 traffic law, as separately amended by section 4-d of chapters 99, 101,
21 and 123 of the laws of 2014, is amended to read as follows:
22 f. "Notice of violation" means a notice of violation as defined in
23 subdivision nine of section two hundred thirty-seven of this article and
24 shall not be deemed to include a notice of liability issued pursuant to
25 authorization set forth in section eleven hundred eleven-d of this chap-
26 ter or to a notice of liability issued pursuant to authorization set
27 forth in section eleven hundred eleven-e of this chapter.
28 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
29 traffic law, as added by chapter 180 of the laws of 1980, is amended to
30 read as follows:
31 f. "Notice of violation" means a notice of violation as defined in
32 subdivision nine of section two hundred thirty-seven of this article and
33 shall not be deemed to include a notice of liability issued pursuant to
34 authorization set forth in section eleven hundred eleven-e of this chap-
35 ter.
36 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
37 law, as separately amended by section 5 of chapters 99, 101, and 123 of
38 the laws of 2014, are amended to read as follows:
39 1. Notice of hearing. Whenever a person charged with a parking
40 violation enters a plea of not guilty or a person alleged to be liable
41 in accordance with section eleven hundred eleven-a of this chapter or
42 sections eleven hundred eleven-b of this chapter as added by sections
43 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
44 two thousand nine or section eleven hundred eleven-d of this chapter, or
45 section eleven hundred eleven-e of this chapter, for a violation of
46 subdivision (d) of section eleven hundred eleven of this chapter
47 contests such allegation, or a person alleged to be liable in accordance
48 with the provisions of section two thousand nine hundred eighty-five of
49 the public authorities law or sections sixteen-a, sixteen-b and
50 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
51 hundred fifty, or a person alleged to be liable in accordance with the
52 provisions of section eleven hundred eleven-c of this chapter for a
53 violation of a bus lane restriction as defined in such section contests
54 such allegation, or a person alleged to be liable in accordance with the
55 provisions of section eleven hundred eighty-b of this chapter for a
56 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
A. 7730 9
1 hundred eighty of this chapter contests such allegation, the bureau
2 shall advise such person personally by such form of first class mail as
3 the director may direct of the date on which he or she must appear to
4 answer the charge at a hearing. The form and content of such notice of
5 hearing shall be prescribed by the director, and shall contain a warning
6 to advise the person so pleading or contesting that failure to appear on
7 the date designated, or on any subsequent adjourned date, shall be
8 deemed an admission of liability, and that a default judgment may be
9 entered thereon.
10 1-a. Fines and penalties. Whenever a plea of not guilty has been
11 entered, or the bureau has been notified that an allegation of liability
12 in accordance with section eleven hundred eleven-a of this chapter or
13 sections eleven hundred eleven-b of this chapter as added by sections
14 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
15 two thousand nine or section eleven hundred eleven-d of this chapter or
16 section eleven hundred eleven-e of this chapter or an allegation of
17 liability in accordance with section two thousand nine hundred eighty-
18 five of the public authorities law or sections sixteen-a, sixteen-b and
19 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
20 hundred fifty or an allegation of liability in accordance with section
21 eleven hundred eleven-c of this chapter or an allegation of liability in
22 accordance with section eleven hundred eighty-b of this chapter, is
23 being contested, by a person in a timely fashion and a hearing upon the
24 merits has been demanded, but has not yet been held, the bureau shall
25 not issue any notice of fine or penalty to that person prior to the date
26 of the hearing.
27 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
28 fic law, as separately amended by section 5-a of chapters 99, 101, and
29 123 of the laws of 2014, are amended to read as follows:
30 1. Notice of hearing. Whenever a person charged with a parking
31 violation enters a plea of not guilty or a person alleged to be liable
32 in 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 or section eleven hundred eleven-d of
35 this chapter or section eleven hundred eleven-e of this chapter for a
36 violation of subdivision (d) of section eleven hundred eleven of this
37 chapter, or a person alleged to be liable in accordance with the
38 provisions of section eleven hundred eleven-c of this chapter for a
39 violation of a bus lane restriction as defined in such section contests
40 such allegation, or a person alleged to be liable in accordance with the
41 provisions of section eleven hundred eighty-b of this chapter for
42 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
43 hundred eighty of this chapter contests such allegation, the bureau
44 shall advise such person personally by such form of first class mail as
45 the director may direct of the date on which he or she must appear to
46 answer the charge at a hearing. The form and content of such notice of
47 hearing shall be prescribed by the director, and shall contain a warning
48 to advise the person so pleading or contesting that failure to appear on
49 the date designated, or on any subsequent adjourned date, shall be
50 deemed an admission of liability, and that a default judgment may be
51 entered thereon.
52 1-a. Fines and penalties. Whenever a plea of not guilty has been
53 entered, or the bureau has been notified that an allegation of liability
54 in accordance with sections eleven hundred eleven-b of this chapter, as
55 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
56 of the laws of two thousand nine or in accordance with section eleven
A. 7730 10
1 hundred eleven-d of this chapter, or in accordance with section eleven
2 hundred eleven-e of this chapter or an allegation of liability in
3 accordance with section eleven hundred eleven-c of this chapter or an
4 allegation of liability in accordance with section eleven hundred eight-
5 y-b of this chapter is being contested, by a person in a timely fashion
6 and a hearing upon the merits has been demanded, but has not yet been
7 held, the bureau shall not issue any notice of fine or penalty to that
8 person prior to the date of the hearing.
9 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
10 fic law, as separately amended by section 5-b of chapters 99, 101, and
11 123 of the laws of 2014, are amended to read as follows:
12 1. Notice of hearing. Whenever a person charged with a parking
13 violation enters a plea of not guilty or a person alleged to be liable
14 in accordance with section eleven hundred eleven-d of this chapter or in
15 accordance with section eleven hundred eleven-e of this chapter or in
16 accordance with the provisions of section eleven hundred eleven-c of
17 this chapter for a violation of a bus lane restriction as defined in
18 such section, contests such allegation, or a person alleged to be liable
19 in accordance with the provisions of section eleven hundred eighty-b of
20 this chapter for violations of subdivision (b), (c), (d), (f) or (g) of
21 section eleven hundred eighty of this chapter contests such allegation,
22 the bureau shall advise such person personally by such form of first
23 class mail as the director may direct of the date on which he or she
24 must appear to answer the charge at a hearing. The form and content of
25 such notice of hearing shall be prescribed by the director, and shall
26 contain a warning to advise the person so pleading that failure to
27 appear on the date designated, or on any subsequent adjourned date,
28 shall be deemed an admission of liability, and that a default judgment
29 may be entered thereon.
30 1-a. Fines and penalties. Whenever a plea of not guilty has been
31 entered, or the bureau has been notified that an allegation of liability
32 in accordance with section eleven hundred eleven-d of this chapter or in
33 accordance with section eleven hundred eleven-e of this chapter or in
34 accordance with section eleven hundred eleven-c of this chapter or an
35 allegation of liability in accordance with section eleven hundred eight-
36 y-b of this chapter is being contested, by a person in a timely fashion
37 and a hearing upon the merits has been demanded, but has not yet been
38 held, the bureau shall not issue any notice of fine or penalty to that
39 person prior to the date of the hearing.
40 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
41 fic law, as separately amended by section 5-c of chapters 99, 101, and
42 123 of the laws of 2014, are amended to read as follows:
43 1. Notice of hearing. Whenever a person charged with a parking
44 violation enters a plea of not guilty, or a person alleged to be liable
45 in accordance with section eleven hundred eleven-d of this chapter, or a
46 person alleged to be liable in accordance with section eleven hundred
47 eleven-e of this chapter, or a person alleged to be liable in accordance
48 with the provisions of section eleven hundred eighty-b of this chapter
49 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
50 en hundred eighty of this chapter contests such allegation, the bureau
51 shall advise such person personally by such form of first class mail as
52 the director may direct of the date on which he or she must appear to
53 answer the charge at a hearing. The form and content of such notice of
54 hearing shall be prescribed by the director, and shall contain a warning
55 to advise the person so pleading that failure to appear on the date
56 designated, or on any subsequent adjourned date, shall be deemed an
A. 7730 11
1 admission of liability, and that a default judgment may be entered ther-
2 eon.
3 1-a. Fines and penalties. Whenever a plea of not guilty has been
4 entered, or the bureau has been notified that an allegation of liability
5 in accordance with section eleven hundred eleven-d of this chapter, or
6 the bureau has been notified that an allegation of liability in accord-
7 ance with section eleven hundred eleven-e of this chapter, or the bureau
8 has been notified that an allegation of liability in accordance with
9 section eleven hundred eighty-b of this chapter, is being contested, by
10 a person in a timely fashion and a hearing upon the merits has been
11 demanded, but has not yet been held, the bureau shall not issue any
12 notice of fine or penalty to that person prior to the date of the hear-
13 ing.
14 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
15 fic law, as separately amended by section 5-d of chapters 99, 101, and
16 123 of the laws of 2014, are amended to read as follows:
17 1. Notice of hearing. Whenever a person charged with a parking
18 violation enters a plea of not guilty, or a person alleged to be liable
19 in accordance with section eleven hundred eleven-d of this chapter
20 contests such allegation, or a person alleged to be liable in accordance
21 with section eleven hundred eleven-e of this chapter contests such alle-
22 gation, the bureau shall advise such person personally by such form of
23 first class mail as the director may direct of the date on which he or
24 she must appear to answer the charge at a hearing. The form and content
25 of such notice of hearing shall be prescribed by the director, and shall
26 contain a warning to advise the person so pleading that failure to
27 appear on the date designated, or on any subsequent adjourned date,
28 shall be deemed an admission of liability, and that a default judgment
29 may be entered thereon.
30 1-a. Fines and penalties. Whenever a plea of not guilty has been
31 entered, or the bureau has been notified that an allegation of liability
32 in accordance with section eleven hundred eleven-d of this chapter, is
33 being contested, or the bureau has been notified that an allegation of
34 liability in accordance with section eleven hundred eleven-e of this
35 chapter, is being contested, by a person in a timely fashion and a hear-
36 ing upon the merits has been demanded, but has not yet been held, the
37 bureau shall not issue any notice of fine or penalty to that person
38 prior to the date of the hearing.
39 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
40 fic law, subdivision 1 as added by chapter 715 of the laws of 1972 and
41 subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
42 to read as follows:
43 1. Notice of hearing. Whenever a person charged with a parking
44 violation enters a plea of not guilty, or a person alleged to be liable
45 in accordance with section eleven hundred eleven-e of this chapter
46 contests such allegation, the bureau shall advise such person personally
47 by such form of first class mail as the director may direct of the date
48 on which he or she must appear to answer the charge at a hearing. The
49 form and content of such notice of hearing shall be prescribed by the
50 director, and shall contain a warning to advise the person so pleading
51 that failure to appear on the date designated, or on any subsequent
52 adjourned date, shall be deemed an admission of liability, and that a
53 default judgment may be entered thereon.
54 1-a. Fines and penalties. Whenever a plea of not guilty has been
55 entered, or the bureau has been notified that an allegation of liability
56 in accordance with section eleven hundred eleven-e of this chapter, is
A. 7730 12
1 being contested, by a person in a timely fashion and a hearing upon the
2 merits has been demanded, but has not yet been held, the bureau shall
3 not issue any notice of fine or penalty to that person prior to the date
4 of the hearing.
5 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
6 and traffic law, as separately amended by section 6 of chapters 99, 101,
7 and 123 of the laws of 2014, are amended to read as follows:
8 a. Every hearing for the adjudication of a charge of parking violation
9 or an allegation of liability in accordance with section eleven hundred
10 eleven-a of this chapter or in accordance with sections eleven hundred
11 eleven-b of this chapter as added by sections sixteen of chapters twen-
12 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
13 accordance with section eleven hundred eleven-d of this chapter or in
14 accordance with section eleven hundred eleven-e of this chapter or an
15 allegation of liability in accordance with section two thousand nine
16 hundred eighty-five of the public authorities law or sections sixteen-a,
17 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
18 laws of nineteen hundred fifty or an allegation of liability in accord-
19 ance with section eleven hundred eleven-c of this chapter or an allega-
20 tion of liability in accordance with section eleven hundred eighty-b of
21 this chapter, shall be held before a hearing examiner in accordance with
22 rules and regulations promulgated by the bureau.
23 g. A record shall be made of a hearing on a plea of not guilty or of a
24 hearing at which liability in accordance with section eleven hundred
25 eleven-a of this chapter or in accordance with sections eleven hundred
26 eleven-b of this chapter as added by sections sixteen of chapters twen-
27 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
28 accordance with section eleven hundred eleven-d of this chapter is
29 contested or in accordance with section eleven hundred eleven-e of this
30 chapter is contested or of a hearing at which liability in accordance
31 with section two thousand nine hundred eighty-five of the public author-
32 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
33 seven hundred seventy-four of the laws of nineteen hundred fifty is
34 contested or of a hearing at which liability in accordance with section
35 eleven hundred eleven-c of this chapter or a hearing at which liability
36 in accordance with section eleven hundred eighty-b of this chapter is
37 contested. Recording devices may be used for the making of the record.
38 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
39 cle and traffic law, as separately amended by section 6-a of chapters
40 99, 101, and 123 of the laws of 2014, are amended to read as follows:
41 a. Every hearing for the adjudication of a charge of parking violation
42 or an allegation of liability in accordance with sections eleven hundred
43 eleven-b of this chapter, as added by sections sixteen of chapters twen-
44 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
45 accordance with section eleven hundred eleven-d of this chapter or in
46 accordance with section eleven hundred eleven-e of this chapter or an
47 allegation of liability in accordance with section eleven hundred
48 eleven-c of this chapter or an allegation of liability in accordance
49 with section eleven hundred eighty-b of this chapter, shall be held
50 before a hearing examiner in accordance with rules and regulations
51 promulgated by the bureau.
52 g. A record shall be made of a hearing on a plea of not guilty or of a
53 hearing at which liability in accordance with sections eleven hundred
54 eleven-b of this chapter, as added by sections sixteen of chapters twen-
55 ty, twenty-one, and twenty-two of the laws of two thousand nine or in
56 accordance with section eleven hundred eleven-d of this chapter or in
A. 7730 13
1 accordance with section eleven hundred eleven-e of this chapter or of a
2 hearing at which liability in accordance with section eleven hundred
3 eleven-c of this chapter or a hearing at which liability in accordance
4 with section eleven hundred eighty-b of this chapter is contested.
5 Recording devices may be used for the making of the record.
6 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
7 cle and traffic law, as separately amended by section 6-b of chapters
8 99, 101, and 123 of the laws of 2014, are amended to read as follows:
9 a. Every hearing for the adjudication of a charge of parking violation
10 or an allegation of liability in accordance with section eleven hundred
11 eleven-e of this chapter or an allegation of liability in accordance
12 with section eleven hundred eleven-d of this chapter or an allegation of
13 liability in accordance with section eleven hundred eleven-c of this
14 chapter or an allegation of liability in accordance with section eleven
15 hundred eighty-b of this chapter shall be held before a hearing examiner
16 in accordance with rules and regulations promulgated by the bureau.
17 g. A record shall be made of a hearing on a plea of not guilty or of a
18 hearing at which liability in accordance with section eleven hundred
19 eleven-e of this chapter or of a hearing at which liability in accord-
20 ance with section eleven hundred eleven-d of this chapter or of a hear-
21 ing at which liability in accordance with section eleven hundred
22 eleven-c of this chapter or a hearing at which liability in accordance
23 with section eleven hundred eighty-b of this chapter is contested.
24 Recording devices may be used for the making of the record.
25 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
26 cle and traffic law, as separately amended by section 6-c of chapters
27 99, 101, and 123 of the laws of 2014, are amended to read as follows:
28 a. Every hearing for the adjudication of a charge of parking violation
29 or an allegation of liability in accordance with section eleven hundred
30 eleven-e of this chapter or an allegation of liability in accordance
31 with section eleven hundred eleven-d of this chapter or an allegation of
32 liability in accordance with section eleven hundred eighty-b of this
33 chapter shall be held before a hearing examiner in accordance with rules
34 and regulations promulgated by the bureau.
35 g. A record shall be made of a hearing on a plea of not guilty or of a
36 hearing at which liability in accordance with section eleven hundred
37 eleven-e of this chapter or of a hearing at which liability in accord-
38 ance with section eleven hundred eleven-d of this chapter or a hearing
39 at which liability in accordance with section eleven hundred eighty-b of
40 this chapter is contested. Recording devices may be used for the making
41 of the record.
42 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
43 cle and traffic law, as separately amended by section 6-d of chapters
44 99, 101, and 123 of the laws of 2014, are amended to read as follows:
45 a. Every hearing for the adjudication of a charge of parking violation
46 or an allegation of liability in accordance with section eleven hundred
47 eleven-e of this chapter or an allegation of liability in accordance
48 with section eleven hundred eleven-d of this chapter shall be held
49 before a hearing examiner in accordance with rules and regulations
50 promulgated by the bureau.
51 g. A record shall be made of a hearing on a plea of not guilty or a
52 hearing at which liability in accordance with section eleven hundred
53 eleven-d of this chapter is contested or a hearing at which liability in
54 accordance with section eleven hundred eleven-e of this chapter is
55 contested. Recording devices may be used for the making of the record.
A. 7730 14
1 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as added by chapter 715 of the laws of 1972, are
3 amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with section eleven hundred
6 eleven-e of this chapter shall be held before a hearing examiner in
7 accordance with rules and regulations promulgated by the bureau.
8 g. A record shall be made of a hearing on a plea of not guilty or a
9 hearing at which liability in accordance with section eleven hundred
10 eleven-e of this chapter is contested. Recording devices may be used
11 for the making of the record.
12 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
13 law, as separately amended by section 7 of chapters 99, 101, and 123 of
14 the laws of 2014, are amended to read as follows:
15 1. The hearing examiner shall make a determination on the charges,
16 either sustaining or dismissing them. Where the hearing examiner deter-
17 mines that the charges have been sustained he or she may examine either
18 the prior parking violations record or the record of liabilities
19 incurred in accordance with section eleven hundred eleven-a of this
20 chapter or in accordance with sections eleven hundred eleven-b of this
21 chapter as added by sections sixteen of chapters twenty, twenty-one, and
22 twenty-two of the laws of two thousand nine or in accordance with
23 section eleven hundred eleven-d of this chapter or in accordance with
24 section eleven hundred eleven-e of this chapter or the record of liabil-
25 ities incurred in accordance with section two thousand nine hundred
26 eighty-five of the public authorities law or sections sixteen-a,
27 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
28 laws of nineteen hundred fifty of the person charged, or the record of
29 liabilities incurred in accordance with section eleven hundred eleven-c
30 of this chapter, or the record of liabilities incurred in accordance
31 with section eleven hundred eighty-b of this chapter, as applicable
32 prior to rendering a final determination. Final determinations sustain-
33 ing or dismissing charges shall be entered on a final determination roll
34 maintained by the bureau together with records showing payment and
35 nonpayment of penalties.
36 2. Where an operator or owner fails to enter a plea to a charge of a
37 parking violation or contest an allegation of liability in accordance
38 with section eleven hundred eleven-a of this chapter or in accordance
39 with sections eleven hundred eleven-b of this chapter as added by
40 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
41 laws of two thousand nine or in accordance with section eleven hundred
42 eleven-d of this chapter or in accordance with section eleven hundred
43 eleven-e of this chapter or fails to contest an allegation of liability
44 in accordance with section two thousand nine hundred eighty-five of the
45 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
46 chapter seven hundred seventy-four of the laws of nineteen hundred
47 fifty, or fails to contest an allegation of liability in accordance with
48 section eleven hundred eleven-c of this chapter or fails to contest an
49 allegation of liability in accordance with section eleven hundred eight-
50 y-b of this chapter or fails to appear on a designated hearing date or
51 subsequent adjourned date or fails after a hearing to comply with the
52 determination of a hearing examiner, as prescribed by this article or by
53 rule or regulation of the bureau, such failure to plead or contest,
54 appear or comply shall be deemed, for all purposes, an admission of
55 liability and shall be grounds for rendering and entering a default
56 judgment in an amount provided by the rules and regulations of the
A. 7730 15
1 bureau. However, after the expiration of the original date prescribed
2 for entering a plea and before a default judgment may be rendered, in
3 such case the bureau shall pursuant to the applicable provisions of law
4 notify such operator or owner, by such form of first class mail as the
5 commission may direct; (1) of the violation charged, or liability in
6 accordance with section eleven hundred eleven-a of this chapter or in
7 accordance with sections eleven hundred eleven-b of this chapter as
8 added by sections sixteen of chapters twenty, twenty-one, and twenty-two
9 of the laws of two thousand nine or in accordance with section eleven
10 hundred eleven-d of this chapter or in accordance with section eleven
11 hundred eleven-e of this chapter alleged or liability in accordance with
12 section two thousand nine hundred eighty-five of the public authorities
13 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
14 hundred seventy-four of the laws of nineteen hundred fifty alleged or
15 liability in accordance with section eleven hundred eleven-c of this
16 chapter or liability in accordance with section eleven hundred eighty-b
17 of this chapter alleged, (2) of the impending default judgment, (3) that
18 such judgment will be entered in the Civil Court of the city in which
19 the bureau has been established, or other court of civil jurisdiction or
20 any other place provided for the entry of civil judgments within the
21 state of New York, and (4) that a default may be avoided by entering a
22 plea or contesting an allegation of liability in accordance with section
23 eleven hundred eleven-a of this chapter or in accordance with sections
24 eleven hundred eleven-b of this chapter as added by sections sixteen of
25 chapters twenty, twenty-one, and twenty-two of the laws of two thousand
26 nine or in accordance with section eleven hundred eleven-d of this chap-
27 ter or in accordance with section eleven hundred eleven-e of this chap-
28 ter or contesting an allegation of liability in accordance with section
29 two thousand nine hundred eighty-five of the public authorities law or
30 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
31 seventy-four of the laws of nineteen hundred fifty or contesting an
32 allegation of liability in accordance with section eleven hundred
33 eleven-c of this chapter or contesting an allegation of liability in
34 accordance with section eleven hundred eighty-b of this chapter, as
35 appropriate, or making an appearance within thirty days of the sending
36 of such notice. Pleas entered and allegations contested within that
37 period shall be in the manner prescribed in the notice and not subject
38 to additional penalty or fee. Such notice of impending default judgment
39 shall not be required prior to the rendering and entry thereof in the
40 case of operators or owners who are non-residents of the state of New
41 York. In no case shall a default judgment be rendered or, where
42 required, a notice of impending default judgment be sent, more than two
43 years after the expiration of the time prescribed for entering a plea or
44 contesting an allegation. When a person has demanded a hearing, no fine
45 or penalty shall be imposed for any reason, prior to the holding of the
46 hearing. If the hearing examiner shall make a determination on the
47 charges, sustaining them, he or she shall impose no greater penalty or
48 fine than those upon which the person was originally charged.
49 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
50 law, as separately amended by section 7-a of chapters 99, 101, and 123
51 of the laws of 2014, are amended to read as follows:
52 1. The hearing examiner shall make a determination on the charges,
53 either sustaining or dismissing them. Where the hearing examiner deter-
54 mines that the charges have been sustained he or she may examine either
55 the prior parking violations record or the record of liabilities
56 incurred in accordance with sections eleven hundred eleven-b of this
A. 7730 16
1 chapter as added by sections sixteen of chapters twenty, twenty-one, and
2 twenty-two of the laws of two thousand nine or in accordance with
3 section eleven hundred eleven-d of this chapter or in accordance with
4 section eleven hundred eleven-e of this chapter of the person charged,
5 or the record of liabilities incurred in accordance with section eleven
6 hundred eleven-c of this chapter, or the record of liabilities incurred
7 in accordance with section eleven hundred eighty-b of this chapter, as
8 applicable prior to rendering a final determination. Final determi-
9 nations sustaining or dismissing charges shall be entered on a final
10 determination roll maintained by the bureau together with records show-
11 ing payment and nonpayment of penalties.
12 2. Where an operator or owner fails to enter a plea to a charge of a
13 parking violation or contest an allegation of liability in accordance
14 with sections eleven hundred eleven-b of this chapter as added by
15 sections sixteen of chapters twenty, twenty-one, and twenty-two of the
16 laws of two thousand nine or in accordance with section eleven hundred
17 eleven-d of this chapter, or in accordance with section eleven hundred
18 eleven-e of this chapter, or fails to contest an allegation of liability
19 in accordance with section eleven hundred eleven-c of this chapter, or
20 fails to contest an allegation of liability incurred in accordance with
21 section eleven hundred eighty-b of this chapter, or fails to appear on a
22 designated hearing date or subsequent adjourned date or fails after a
23 hearing to comply with the determination of a hearing examiner, as
24 prescribed by this article or by rule or regulation of the bureau, such
25 failure to plead, contest, appear or comply shall be deemed, for all
26 purposes, an admission of liability and shall be grounds for rendering
27 and entering a default judgment in an amount provided by the rules and
28 regulations of the bureau. However, after the expiration of the original
29 date prescribed for entering a plea and before a default judgment may be
30 rendered, in such case the bureau shall pursuant to the applicable
31 provisions of law notify such operator or owner, by such form of first
32 class mail as the commission may direct; (1) of the violation charged,
33 or liability in accordance with sections eleven hundred eleven-b of this
34 chapter, as added by sections sixteen of chapters twenty, twenty-one,
35 and twenty-two of the laws of two thousand nine or in accordance with
36 section eleven hundred eleven-d of this chapter, or in accordance with
37 section eleven hundred eleven-e of this chapter, or liability in accord-
38 ance with section eleven hundred eleven-c of this chapter or liability
39 in accordance with section eleven hundred eighty-b of this chapter
40 alleged, (2) of the impending default judgment, (3) that such judgment
41 will be entered in the Civil Court of the city in which the bureau has
42 been established, or other court of civil jurisdiction or any other
43 place provided for the entry of civil judgments within the state of New
44 York, and (4) that a default may be avoided by entering a plea or
45 contesting an allegation of liability in accordance with sections eleven
46 hundred eleven-b of this chapter as added by sections sixteen of chap-
47 ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
48 or in accordance with section eleven hundred eleven-d of this chapter or
49 in accordance with section eleven hundred eleven-e of this chapter, or
50 contesting an allegation of liability in accordance with section eleven
51 hundred eleven-c of this chapter or contesting an allegation of liabil-
52 ity in accordance with section eleven hundred eighty-b of this chapter
53 as appropriate, or making an appearance within thirty days of the send-
54 ing of such notice. Pleas entered and allegations contested within that
55 period shall be in the manner prescribed in the notice and not subject
56 to additional penalty or fee. Such notice of impending default judgment
A. 7730 17
1 shall not be required prior to the rendering and entry thereof in the
2 case of operators or owners who are non-residents of the state of New
3 York. In no case shall a default judgment be rendered or, where
4 required, a notice of impending default judgment be sent, more than two
5 years after the expiration of the time prescribed for entering a plea or
6 contesting an allegation. When a person has demanded a hearing, no fine
7 or penalty shall be imposed for any reason, prior to the holding of the
8 hearing. If the hearing examiner shall make a determination on the
9 charges, sustaining them, he or she shall impose no greater penalty or
10 fine than those upon which the person was originally charged.
11 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
12 law, as separately amended by section 7-b of chapters 99, 101, and 123
13 of the laws of 2014, are amended to read as follows:
14 1. The hearing examiner shall make a determination on the charges,
15 either sustaining or dismissing them. Where the hearing examiner deter-
16 mines that the charges have been sustained he or she may examine the
17 prior parking violations record or the record of liabilities incurred in
18 accordance with section eleven hundred eleven-e of this chapter of the
19 person charged, or the record of liabilities incurred in accordance with
20 section eleven hundred eleven-d of this chapter of the person charged,
21 or the record of liabilities incurred in accordance with section eleven
22 hundred eleven-c of this chapter, or the record of liabilities incurred
23 in accordance with section eleven hundred eighty-b of this chapter, as
24 applicable, prior to rendering a final determination. Final determi-
25 nations sustaining or dismissing charges shall be entered on a final
26 determination roll maintained by the bureau together with records show-
27 ing payment and nonpayment of penalties.
28 2. Where an operator or owner fails to enter a plea to a charge of a
29 parking violation or contest an allegation of liability in accordance
30 with section eleven hundred eleven-e of this chapter, or contest an
31 allegation of liability in accordance with section eleven hundred
32 eleven-d of this chapter, or fails to contest an allegation of liability
33 in accordance with section eleven hundred eleven-c of this chapter, or
34 fails to contest an allegation of liability incurred in accordance with
35 section eleven hundred eighty-b of this chapter, or fails to appear on a
36 designated hearing date or subsequent adjourned date or fails after a
37 hearing to comply with the determination of a hearing examiner, as
38 prescribed by this article or by rule or regulation of the bureau, such
39 failure to plead, appear or comply shall be deemed, for all purposes, an
40 admission of liability and shall be grounds for rendering and entering a
41 default judgment in an amount provided by the rules and regulations of
42 the bureau. However, after the expiration of the original date
43 prescribed for entering a plea and before a default judgment may be
44 rendered, in such case the bureau shall pursuant to the applicable
45 provisions of law notify such operator or owner, by such form of first
46 class mail as the commission may direct; (1) of the violation charged,
47 or liability in accordance with section eleven hundred eleven-e of this
48 chapter, or liability in accordance with section eleven hundred eleven-d
49 of this chapter, or alleged liability in accordance with section eleven
50 hundred eleven-c of this chapter or alleged liability in accordance with
51 section eleven hundred eighty-b of this chapter, (2) of the impending
52 default judgment, (3) that such judgment will be entered in the Civil
53 Court of the city in which the bureau has been established, or other
54 court of civil jurisdiction or any other place provided for the entry of
55 civil judgments within the state of New York, and (4) that a default may
56 be avoided by entering a plea or contesting an allegation of liability
A. 7730 18
1 in accordance with section eleven hundred eleven-e of this chapter or
2 contesting an allegation of liability in accordance with section eleven
3 hundred eleven-d of this chapter or contesting an allegation of liabil-
4 ity in accordance with section eleven hundred eleven-c of this chapter
5 or contesting an allegation of liability in accordance with section
6 eleven hundred eighty-b of this chapter or making an appearance within
7 thirty days of the sending of such notice. Pleas entered within that
8 period shall be in the manner prescribed in the notice and not subject
9 to additional penalty or fee. Such notice of impending default judgment
10 shall not be required prior to the rendering and entry thereof in the
11 case of operators or owners who are non-residents of the state of New
12 York. In no case shall a default judgment be rendered or, where
13 required, a notice of impending default judgment be sent, more than two
14 years after the expiration of the time prescribed for entering a plea.
15 When a person has demanded a hearing, no fine or penalty shall be
16 imposed for any reason, prior to the holding of the hearing. If the
17 hearing examiner shall make a determination on the charges, sustaining
18 them, he or she shall impose no greater penalty or fine than those upon
19 which the person was originally charged.
20 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
21 law, as separately amended by section 7-c of chapters 99, 101, and 123
22 of the laws of 2014, are amended to read as follows:
23 1. The hearing examiner shall make a determination on the charges,
24 either sustaining or dismissing them. Where the hearing examiner deter-
25 mines that the charges have been sustained he or she may examine either
26 the prior parking violations record or the record of liabilities
27 incurred in accordance with section eleven hundred eleven-d of this
28 chapter of the person charged, or the record of liabilities incurred in
29 accordance with section eleven hundred eleven-e of this chapter of the
30 person charged or the record of liabilities incurred in accordance with
31 section eleven hundred eighty-b of this chapter, as applicable, prior to
32 rendering a final determination. Final determinations sustaining or
33 dismissing charges shall be entered on a final determination roll main-
34 tained by the bureau together with records showing payment and nonpay-
35 ment of penalties.
36 2. Where an operator or owner fails to enter a plea to a charge of a
37 parking violation or contest an allegation of liability in accordance
38 with section eleven hundred eleven-e of this chapter or contest an alle-
39 gation of liability in accordance with section eleven hundred eleven-d
40 of this chapter or fails to contest an allegation of liability incurred
41 in accordance with section eleven hundred eighty-b of this chapter or
42 fails to appear on a designated hearing date or subsequent adjourned
43 date or fails after a hearing to comply with the determination of a
44 hearing examiner, as prescribed by this article or by rule or regulation
45 of the bureau, such failure to plead, appear or comply shall be deemed,
46 for all purposes, an admission of liability and shall be grounds for
47 rendering and entering a default judgment in an amount provided by the
48 rules and regulations of the bureau. However, after the expiration of
49 the original date prescribed for entering a plea and before a default
50 judgment may be rendered, in such case the bureau shall pursuant to the
51 applicable provisions of law notify such operator or owner, by such form
52 of first class mail as the commission may direct; (1) of the violation
53 charged or liability in accordance with section eleven hundred eleven-e
54 of this chapter or liability in accordance with section eleven hundred
55 eleven-d of this chapter or liability in accordance with section eleven
56 hundred eighty-b of this chapter alleged, (2) of the impending default
A. 7730 19
1 judgment, (3) that such judgment will be entered in the Civil Court of
2 the city in which the bureau has been established, or other court of
3 civil jurisdiction or any other place provided for the entry of civil
4 judgments within the state of New York, and (4) that a default may be
5 avoided by entering a plea or contesting an allegation of liability in
6 accordance with section eleven hundred eleven-e of this chapter or
7 contesting an allegation of liability in accordance with section eleven
8 hundred eleven-d of this chapter or contesting an allegation of liabil-
9 ity in accordance with section eleven hundred eighty-b of this chapter
10 or making an appearance within thirty days of the sending of such
11 notice. Pleas entered within that period shall be in the manner
12 prescribed in the notice and not subject to additional penalty or fee.
13 Such notice of impending default judgment shall not be required prior to
14 the rendering and entry thereof in the case of operators or owners who
15 are non-residents of the state of New York. In no case shall a default
16 judgment be rendered or, where required, a notice of impending default
17 judgment be sent, more than two years after the expiration of the time
18 prescribed for entering a plea. When a person has demanded a hearing, no
19 fine or penalty shall be imposed for any reason, prior to the holding of
20 the hearing. If the hearing examiner shall make a determination on the
21 charges, sustaining them, he shall impose no greater penalty or fine
22 than those upon which the person was originally charged.
23 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
24 law, as separately amended by section 7-d of chapters 99, 101, and 123
25 of the laws of 2014, are amended 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 or she may examine either
29 the prior parking violations record or the record of liabilities
30 incurred in accordance with section eleven hundred eleven-e of this
31 chapter of the person charged or the record of liabilities incurred in
32 accordance with section eleven hundred eleven-d of this chapter of the
33 person charged, as applicable, prior to rendering a final determination.
34 Final determinations sustaining or dismissing charges shall be entered
35 on a final determination roll maintained by the bureau together with
36 records showing payment and nonpayment of penalties.
37 2. Where an operator or owner fails to enter a plea to a charge of a
38 parking violation or contest an allegation of liability in accordance
39 with section eleven hundred eleven-e of this chapter or contest an alle-
40 gation of liability in accordance with section eleven hundred eleven-d
41 of this chapter or fails to appear on a designated hearing date or
42 subsequent adjourned date or fails after a hearing to comply with the
43 determination of a hearing examiner, as prescribed by this article or by
44 rule or regulation of the bureau, such failure to plead, appear or
45 comply shall be deemed, for all purposes, an admission of liability and
46 shall be grounds for rendering and entering a default judgment in an
47 amount provided by the rules and regulations of the bureau. However,
48 after the expiration of the original date prescribed for entering a plea
49 and before a default judgment may be rendered, in such case the bureau
50 shall pursuant to the applicable provisions of law notify such operator
51 or owner, by such form of first class mail as the commission may direct;
52 (1) of the violation charged or liability in accordance with section
53 eleven hundred eleven-e of this chapter alleged or liability in accord-
54 ance with section eleven hundred eleven-d of this chapter alleged, (2)
55 of the impending default judgment, (3) that such judgment will be
56 entered in the Civil Court of the city in which the bureau has been
A. 7730 20
1 established, or other court of civil jurisdiction or any other place
2 provided for the entry of civil judgments within the state of New York,
3 and (4) that a default may be avoided by entering a plea or contesting
4 an allegation of liability in accordance with section eleven hundred
5 eleven-e of this chapter or contesting an allegation of liability in
6 accordance with section eleven hundred eleven-d of this chapter or
7 making an appearance within thirty days of the sending of such notice.
8 Pleas entered within that period shall be in the manner prescribed in
9 the notice and not subject to additional penalty or fee. Such notice of
10 impending default judgment shall not be required prior to the rendering
11 and entry thereof in the case of operators or owners who are non-resi-
12 dents of the state of New York. In no case shall a default judgment be
13 rendered or, where required, a notice of impending default judgment be
14 sent, more than two years after the expiration of the time prescribed
15 for entering a plea. When a person has demanded a hearing, no fine or
16 penalty shall be imposed for any reason, prior to the holding of the
17 hearing. If the hearing examiner shall make a determination on the
18 charges, sustaining them, he shall impose no greater penalty or fine
19 than those upon which the person was originally charged.
20 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
21 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
22 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
23 to read as follows:
24 1. The hearing examiner shall make a determination on the charges,
25 either sustaining or dismissing them. Where the hearing examiner deter-
26 mines that the charges have been sustained he or she may examine the
27 prior parking violations record or the record of liabilities incurred in
28 accordance with section eleven hundred eleven-e of this chapter of the
29 person charged, as applicable, prior to rendering a final determination.
30 Final determinations sustaining or dismissing charges shall be entered
31 on a final determination roll maintained by the bureau together with
32 records showing payment and nonpayment of penalties.
33 2. Where an operator or owner fails to enter a plea to a charge of a
34 parking violation or contest an allegation of liability in accordance
35 with section eleven hundred eleven-e of this chapter or fails to appear
36 on a designated hearing date or subsequent adjourned date or fails after
37 a hearing to comply with the determination of a hearing examiner, as
38 prescribed by this article or by rule or regulation of the bureau, such
39 failure to plead, appear or comply shall be deemed, for all purposes, an
40 admission of liability and shall be grounds for rendering and entering a
41 default judgment in an amount provided by the rules and regulations of
42 the bureau. However, after the expiration of the original date
43 prescribed for entering a plea and before a default judgment may be
44 rendered, in such case the bureau shall pursuant to the applicable
45 provisions of law notify such operator or owner, by such form of first
46 class mail as the commission may direct; (1) of the violation charged or
47 liability in accordance with section eleven hundred eleven-e of this
48 chapter alleged, (2) of the impending default judgment, (3) that such
49 judgment will be entered in the Civil Court of the city in which the
50 bureau has been established, or other court of civil jurisdiction or any
51 other place provided for the entry of civil judgments within the state
52 of New York, and (4) that a default may be avoided by entering a plea or
53 contesting an allegation of liability in accordance with section eleven
54 hundred eleven-e of this chapter or making an appearance within thirty
55 days of the sending of such notice. Pleas entered within that period
56 shall be in the manner prescribed in the notice and not subject to addi-
A. 7730 21
1 tional penalty or fee. Such notice of impending default judgment shall
2 not be required prior to the rendering and entry thereof in the case of
3 operators or owners who are non-residents of the state of New York. In
4 no case shall a default judgment be rendered or, where required, a
5 notice of impending default judgment be sent, more than two years after
6 the expiration of the time prescribed for entering a plea. When a person
7 has demanded a hearing, no fine or penalty shall be imposed for any
8 reason, prior to the holding of the hearing. If the hearing examiner
9 shall make a determination on the charges, sustaining them, he shall
10 impose no greater penalty or fine than those upon which the person was
11 originally charged.
12 § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401
13 of the vehicle and traffic law, as separately amended by section 1 of
14 chapter 43, and section 8 of chapters 99, 101 and 123 of the laws of
15 2014, is amended to read as follows:
16 (i) If at the time of application for a registration or renewal there-
17 of there is a certification from a court, parking violations bureau,
18 traffic and parking violations agency or administrative tribunal of
19 appropriate jurisdiction that the registrant or his or her represen-
20 tative failed to appear on the return date or any subsequent adjourned
21 date or failed to comply with the rules and regulations of an adminis-
22 trative tribunal following entry of a final decision in response to a
23 total of three or more summonses or other process in the aggregate,
24 issued within an eighteen month period, charging either that: (i) such
25 motor vehicle was parked, stopped or standing, or that such motor vehi-
26 cle was operated for hire by the registrant or his or her agent without
27 being licensed as a motor vehicle for hire by the appropriate local
28 authority, in violation of any of the provisions of this chapter or of
29 any law, ordinance, rule or regulation made by a local authority; or
30 (ii) the registrant was liable in accordance with section eleven hundred
31 eleven-a, section eleven hundred eleven-b or section eleven hundred
32 eleven-d of this chapter for a violation of subdivision (d) of section
33 eleven hundred eleven of this chapter; or (iii) the registrant was
34 liable in accordance with section eleven hundred eleven-c of this chap-
35 ter for a violation of a bus lane restriction as defined in such
36 section, or (iv) the registrant was liable in accordance with section
37 eleven hundred eighty-b of this chapter for a violation of subdivision
38 (c) or (d) of section eleven hundred eighty of this chapter, or (v) the
39 registrant was liable in accordance with section eleven hundred eighty-c
40 of this chapter for a violation of subdivision (c) or (d) of section
41 eleven hundred eighty of this chapter; or (vi) the registrant was liable
42 in accordance with section eleven hundred eleven-e of this chapter for a
43 violation of subdivision (d) of section eleven hundred eleven of this
44 chapter, the commissioner or his or her agent shall deny the registra-
45 tion or renewal application until the applicant provides proof from the
46 court, traffic and parking violations agency or administrative tribunal
47 wherein the charges are pending that an appearance or answer has been
48 made or in the case of an administrative tribunal that he or she has
49 complied with the rules and regulations of said tribunal following entry
50 of a final decision. Where an application is denied pursuant to this
51 section, the commissioner may, in his or her 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. 7730 22
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 § 8-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
7 and traffic law, as separately amended by section 1-a of chapter 43, and
8 section 8-a of chapters 99, 101 and 123 of the laws of 2014, is amended
9 to read as follows:
10 a. If at the time of application for a registration or renewal thereof
11 there is a certification from a court or administrative tribunal of
12 appropriate jurisdiction that the registrant or his or her represen-
13 tative failed to appear on the return date or any subsequent adjourned
14 date or failed to comply with the rules and regulations of an adminis-
15 trative tribunal following entry of a final decision in response to a
16 total of three or more summonses or other process in the aggregate,
17 issued within an eighteen month period, charging either that: (i) such
18 motor vehicle was parked, stopped or standing, or that such motor vehi-
19 cle was operated for hire by the registrant or his or her agent without
20 being licensed as a motor vehicle for hire by the appropriate local
21 authority, in violation of any of the provisions of this chapter or of
22 any law, ordinance, rule or regulation made by a local authority; or
23 (ii) the registrant was liable in accordance with section eleven hundred
24 eleven-b of this chapter for a violation of subdivision (d) of section
25 eleven hundred eleven of this chapter; or (iii) the registrant was
26 liable in accordance with section eleven hundred eleven-c of this chap-
27 ter for a violation of a bus lane restriction as defined in such
28 section; or (iv) the registrant was liable in accordance with section
29 eleven hundred eleven-d of this chapter for a violation of subdivision
30 (d) of section eleven hundred eleven of this chapter or (v) the regis-
31 trant was liable in accordance with section eleven hundred eighty-b of
32 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
33 section eleven hundred eighty of this chapter; or (v) the registrant was
34 liable in accordance with section eleven hundred eighty-c of this chap-
35 ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
36 eleven hundred eighty of this chapter; or (vi) the registrant was liable
37 in accordance with section eleven hundred eleven-e of this chapter for a
38 violation of subdivision (d) of section eleven hundred eleven of this
39 chapter, the commissioner or his or her agent shall deny the registra-
40 tion or renewal application until the applicant provides proof from the
41 court or administrative tribunal wherein the charges are pending that an
42 appearance or answer has been made or in the case of an administrative
43 tribunal that he or she has complied with the rules and regulations of
44 said tribunal following entry of a final decision. Where an application
45 is denied pursuant to this section, the commissioner may, in his or her
46 discretion, deny a registration or renewal application to any other
47 person for the same vehicle and may deny a registration or renewal
48 application for any other motor vehicle registered in the name of the
49 applicant where the commissioner has determined that such registrant's
50 intent has been to evade the purposes of this subdivision and where the
51 commissioner has reasonable grounds to believe that such registration or
52 renewal will have the effect of defeating the purposes of this subdivi-
53 sion. Such denial shall only remain in effect as long as the summonses
54 remain unanswered, or in the case of an administrative tribunal, the
55 registrant fails to comply with the rules and regulations following
56 entry of a final decision.
A. 7730 23
1 § 8-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
2 and traffic law, as separately amended by section 1-b of chapter 43, and
3 section 8-b of chapters 99, 101 and 123 of the laws of 2014, is amended
4 to read as follows:
5 a. If at the time of application for a registration or renewal thereof
6 there is a certification from a court or administrative tribunal of
7 appropriate jurisdiction that the registrant or his or her represen-
8 tative failed to appear on the return date or any subsequent adjourned
9 date or failed to comply with the rules and regulations of an adminis-
10 trative tribunal following entry of a final decision in response to
11 three or more summonses or other process, issued within an eighteen
12 month period, charging that: (i) such motor vehicle was parked, stopped
13 or standing, or that such motor vehicle was operated for hire by the
14 registrant or his or her agent without being licensed as a motor vehicle
15 for hire by the appropriate local authority, in violation of any of the
16 provisions of this chapter or of any law, ordinance, rule or regulation
17 made by a local authority; or (ii) the registrant was liable in accord-
18 ance with section eleven hundred eleven-c of this chapter for a
19 violation of a bus lane restriction as defined in such section; or (iii)
20 the registrant was liable in accordance with section eleven hundred
21 eleven-d of this chapter for a violation of subdivision (d) of section
22 eleven hundred eleven of this chapter; or (iv) the registrant was liable
23 in accordance with section eleven hundred eighty-b of this chapter for a
24 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
25 hundred eighty of this chapter, or the registrant was liable in accord-
26 ance with section eleven hundred eighty-c of this chapter for a
27 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
28 hundred eighty of this chapter[,]; or (v) the registrant was liable in
29 accordance with section eleven hundred eleven-e of this chapter for a
30 violation of subdivision (d) of section eleven hundred eleven of this
31 chapter, the commissioner or his or her agent shall deny the registra-
32 tion or renewal application until the applicant provides proof from the
33 court or administrative tribunal wherein the charges are pending that an
34 appearance or answer has been made or in the case of an administrative
35 tribunal that he or she has complied with the rules and regulations of
36 said tribunal following entry of a final decision. Where an application
37 is denied pursuant to this section, the commissioner may, in his or her
38 discretion, deny a registration or renewal application to any other
39 person for the same vehicle and may deny a registration or renewal
40 application for any other motor vehicle registered in the name of the
41 applicant where the commissioner has determined that such registrant's
42 intent has been to evade the purposes of this subdivision and where the
43 commissioner has reasonable grounds to believe that such registration or
44 renewal will have the effect of defeating the purposes of this subdivi-
45 sion. Such denial shall only remain in effect as long as the summonses
46 remain unanswered, or in the case of an administrative tribunal, the
47 registrant fails to comply with the rules and regulations following
48 entry of a final decision.
49 § 8-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
50 and traffic law, as separately amended by section 1-c of chapter 43, and
51 section 8-c of chapters 99, 101 and 123 of the laws of 2014, is amended
52 to read as follows:
53 a. If at the time of application for a registration or renewal thereof
54 there is a certification from a court or administrative tribunal of
55 appropriate jurisdiction that the registrant or his or her represen-
56 tative failed to appear on the return date or any subsequent adjourned
A. 7730 24
1 date or failed to comply with the rules and regulations of an adminis-
2 trative tribunal following entry of a final decision in response to
3 three or more summonses or other process, issued within an eighteen
4 month period, charging that: (i) such motor vehicle was parked, stopped
5 or standing, or that such motor vehicle was operated for hire by the
6 registrant or his or her agent without being licensed as a motor vehicle
7 for hire by the appropriate local authority, in violation of any of the
8 provisions of this chapter or of any law, ordinance, rule or regulation
9 made by a local authority; or (ii) the registrant was liable in accord-
10 ance with section eleven hundred eleven-d of this chapter for a
11 violation of subdivision (d) of section eleven hundred eleven of this
12 chapter; or (iii) the registrant was liable in accordance with section
13 eleven hundred eighty-b of this chapter for violations of subdivision
14 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
15 ter, or the registrant was liable in accordance with section eleven
16 hundred eighty-c of this chapter for violations of subdivision (b), (c),
17 (d), (f) or (g) of section eleven hundred eighty of this chapter[,]; or
18 (iv) the registrant was liable in accordance with section eleven hundred
19 eleven-e of this chapter for a violation of subdivision (d) of section
20 eleven hundred eleven of this chapter, the commissioner or his or her
21 agent shall deny the registration or renewal application until the
22 applicant provides proof from the court or administrative tribunal wher-
23 ein the charges are pending that an appearance or answer has been made
24 or in the case of an administrative tribunal that he has complied with
25 the rules and regulations of said tribunal following entry of a final
26 decision. Where an application is denied pursuant to this section, the
27 commissioner may, in his or her discretion, deny a registration or
28 renewal application to any other person for the same vehicle and may
29 deny a registration or renewal application for any other motor vehicle
30 registered in the name of the applicant where the commissioner has
31 determined that such registrant's intent has been to evade the purposes
32 of this subdivision and where the commissioner has reasonable grounds to
33 believe that such registration or renewal will have the effect of
34 defeating the purposes of this subdivision. Such denial shall only
35 remain in effect as long as the summonses remain unanswered, or in the
36 case of an administrative tribunal, the registrant fails to comply with
37 the rules and regulations following entry of a final decision.
38 § 8-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
39 and traffic law, as separately amended by section 1-d of chapter 43, and
40 section 8-d of chapters 99, 101 and 123 of the laws of 2014, is amended
41 to read as follows:
42 a. If at the time of application for a registration or renewal thereof
43 there is a certification from a court or administrative tribunal of
44 appropriate jurisdiction that the registrant or his or her represen-
45 tative failed to appear on the return date or any subsequent adjourned
46 date or failed to comply with the rules and regulations of an adminis-
47 trative tribunal following entry of a final decision in response to
48 three or more summonses or other process, issued within an eighteen
49 month period, charging that such motor vehicle was parked, stopped or
50 standing, or that such motor vehicle was operated for hire by the regis-
51 trant or his agent without being licensed as a motor vehicle for hire by
52 the appropriate local authority, in violation of any of the provisions
53 of this chapter or of any law, ordinance, rule or regulation made by a
54 local authority, or the registrant was liable in accordance with section
55 eleven hundred eighty-c of this chapter for violations of subdivision
56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
A. 7730 25
1 ter, or the registrant was liable in accordance with section eleven
2 hundred eleven-d of this chapter for a violation of subdivision (d) of
3 section eleven hundred eleven of this chapter, or the registrant was
4 liable in accordance with section eleven hundred eleven-e of this chap-
5 ter for a violation of subdivision (d) of section eleven hundred eleven
6 of this chapter, the commissioner or his or her agent shall deny the
7 registration or renewal application until the applicant provides proof
8 from the court or administrative tribunal wherein the charges are pend-
9 ing that an appearance or answer has been made or in the case of an
10 administrative tribunal that he or she has complied with the rules and
11 regulations of said tribunal following entry of a final decision. Where
12 an application is denied pursuant to this section, the commissioner may,
13 in his or her discretion, deny a registration or renewal application to
14 any other person for the same vehicle and may deny a registration or
15 renewal application for any other motor vehicle registered in the name
16 of the applicant where the commissioner has determined that such regis-
17 trant's intent has been to evade the purposes of this subdivision and
18 where the commissioner has reasonable grounds to believe that such
19 registration or renewal will have the effect of defeating the purposes
20 of this subdivision. Such denial shall only remain in effect as long as
21 the summonses remain unanswered, or in the case of an administrative
22 tribunal, the registrant fails to comply with the rules and regulations
23 following entry of a final decision.
24 § 8-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
25 and traffic law, as separately amended by section 8-d of chapters 99,
26 101 and 123 of the laws of 2014, is amended to read as follows:
27 a. If at the time of application for a registration or renewal thereof
28 there is a certification from a court or administrative tribunal of
29 appropriate jurisdiction that the registrant or his or her represen-
30 tative failed to appear on the return date or any subsequent adjourned
31 date or failed to comply with the rules and regulations of an adminis-
32 trative tribunal following entry of a final decision in response to
33 three or more summonses or other process, issued within an eighteen
34 month period, charging that such motor vehicle was parked, stopped or
35 standing, or that such motor vehicle was operated for hire by the regis-
36 trant or his or her agent without being licensed as a motor vehicle for
37 hire by the appropriate local authority, in violation of any of the
38 provisions of this chapter or of any law, ordinance, rule or regulation
39 made by a local authority, or the registrant was liable in accordance
40 with section eleven hundred eleven-d of this chapter for a violation of
41 subdivision (d) of section eleven hundred eleven of this chapter, or the
42 registrant was liable in accordance with section eleven hundred eleven-e
43 of this chapter for a violation of subdivision (d) of section eleven
44 hundred eleven of this chapter, the commissioner or his or her agent
45 shall deny the registration or renewal application until the applicant
46 provides proof from the court or administrative tribunal wherein the
47 charges are pending that an appearance or answer has been made or in the
48 case of an administrative tribunal that he has complied with the rules
49 and regulations of said tribunal following entry of a final decision.
50 Where an application is denied pursuant to this section, the commission-
51 er may, in his or her discretion, deny a registration or renewal appli-
52 cation to any other person for the same vehicle and may deny a registra-
53 tion or renewal application for any other motor vehicle registered in
54 the name of the applicant where the commissioner has determined that
55 such registrant's intent has been to evade the purposes of this subdivi-
56 sion and where the commissioner has reasonable grounds to believe that
A. 7730 26
1 such registration or renewal will have the effect of defeating the
2 purposes of this subdivision. Such denial shall only remain in effect as
3 long as the summonses remain unanswered, or in the case of an adminis-
4 trative tribunal, the registrant fails to comply with the rules and
5 regulations following entry of a final decision.
6 § 8-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
7 and traffic law, as separately amended by chapters 339 and 592 of the
8 laws of 1987, is amended to read as follows:
9 a. If at the time of application for a registration or renewal thereof
10 there is a certification from a court or administrative tribunal of
11 appropriate jurisdiction that the registrant or his or her represen-
12 tative failed to appear on the return date or any subsequent adjourned
13 date or failed to comply with the rules and regulations of an adminis-
14 trative tribunal following entry of a final decision in response to
15 three or more summonses or other process, issued within an eighteen
16 month period, charging that such motor vehicle was parked, stopped or
17 standing, or that such motor vehicle was operated for hire by the regis-
18 trant or his or her agent without being licensed as a motor vehicle for
19 hire by the appropriate local authority, in violation of any of the
20 provisions of this chapter or of any law, ordinance, rule or regulation
21 made by a local authority, or the registrant was liable in accordance
22 with section eleven hundred eleven-e of this chapter for a violation of
23 subdivision (d) of section eleven hundred eleven of this chapter, the
24 commissioner or his or her agent shall deny the registration or renewal
25 application until the applicant provides proof from the court or admin-
26 istrative tribunal wherein the charges are pending that an appearance or
27 answer has been made or in the case of an administrative tribunal that
28 he has complied with the rules and regulations of said tribunal follow-
29 ing entry of a final decision. Where an application is denied pursuant
30 to this section, the commissioner may, in his or her discretion, deny a
31 registration or renewal application to any other person for the same
32 vehicle and may deny a registration or renewal application for any other
33 motor vehicle registered in the name of the applicant where the commis-
34 sioner has determined that such registrant's intent has been to evade
35 the purposes of this subdivision and where the commissioner has reason-
36 able grounds to believe that such registration or renewal will have the
37 effect of defeating the purposes of this subdivision. Such denial shall
38 only remain in effect as long as the summonses remain unanswered, or in
39 the case of an administrative tribunal, the registrant fails to comply
40 with the rules and regulations following entry of a final decision.
41 § 9. The vehicle and traffic law is amended by adding a new section
42 1111-e to read as follows:
43 § 1111-e. Owner liability for failure of operator to comply with
44 traffic-control indications. (a) 1. Notwithstanding any other provision
45 of law, the city of White Plains is hereby authorized and empowered to
46 adopt and amend a local law or ordinance establishing a demonstration
47 program imposing monetary liability on the owner of a vehicle for fail-
48 ure of an operator thereof to comply with traffic-control indications in
49 such city in accordance with the provisions of this section. Such demon-
50 stration program shall empower such city to install and operate traff-
51 ic-control signal photo violation-monitoring devices at no more than
52 twelve intersections within such city at any one time.
53 2. Such demonstration program shall utilize necessary technologies to
54 ensure, to the extent practicable, that photographs produced by such
55 traffic-control signal photo violation-monitoring systems shall not
56 include images that identify the driver, the passengers, or the contents
A. 7730 27
1 of the vehicle. Provided, however, that no notice of liability issued
2 pursuant to this section shall be dismissed solely because a photograph
3 or photographs allow for the identification of the contents of a vehi-
4 cle, provided that such city has made a reasonable effort to comply with
5 the provisions of this paragraph.
6 (b) In any such city which has adopted a local law or ordinance pursu-
7 ant to subdivision (a) of this section, the owner of a vehicle shall be
8 liable for a penalty imposed pursuant to this section if such vehicle
9 was used or operated with the permission of the owner, express or
10 implied, in violation of subdivision (d) of section eleven hundred elev-
11 en of this article, and such violation is evidenced by information
12 obtained from a traffic-control signal photo violation-monitoring
13 system; provided however that no owner of a vehicle shall be liable for
14 a penalty imposed pursuant to this section where the operator of such
15 vehicle has been convicted of the underlying violation of subdivision
16 (d) of section eleven hundred eleven of this article.
17 (c) For purposes of this section, "owner" shall have the meaning
18 provided in article two-B of this chapter. For purposes of this section,
19 "traffic-control signal photo violation-monitoring system" shall mean a
20 vehicle sensor installed to work in conjunction with a traffic-control
21 signal which automatically produces two or more photographs, two or more
22 microphotographs, a videotape or other recorded images of each vehicle
23 at the time it is used or operated in violation of subdivision (d) of
24 section eleven hundred eleven of this article.
25 (d) A certificate, sworn to or affirmed by a technician employed by
26 the city of White Plains in which the charged violation occurred, or a
27 facsimile thereof, based upon inspection of photographs, microphoto-
28 graphs, videotape or other recorded images produced by a traffic-control
29 signal photo violation-monitoring system, shall be prima facie evidence
30 of the facts contained therein. Any photographs, microphotographs, vide-
31 otape or other recorded images evidencing such a violation shall be
32 available for inspection in any proceeding to adjudicate the liability
33 for such violation pursuant to a local law or ordinance adopted pursuant
34 to this section.
35 (e) An owner liable for a violation of subdivision (d) of section
36 eleven hundred eleven of this article pursuant to a local law or ordi-
37 nance adopted pursuant to this section shall be liable for monetary
38 penalties in accordance with a schedule of fines and penalties to be set
39 forth in such local law or ordinance, except that if such city by local
40 law has authorized the adjudication of such owner liability by a parking
41 violations bureau, such schedule shall be promulgated by such bureau.
42 The liability of the owner pursuant to this section shall not exceed
43 fifty dollars for each violation; provided, however, that such local law
44 or ordinance may provide for an additional penalty not in excess of
45 twenty-five dollars for each violation for the failure to respond to a
46 notice of liability within the prescribed time period.
47 (f) An imposition of liability under a local law or ordinance adopted
48 pursuant to this section shall not be deemed a conviction as an operator
49 and shall not be made part of the operating record of the person upon
50 whom such liability is imposed nor shall it be used for insurance
51 purposes in the provision of motor vehicle insurance coverage.
52 (g) 1. A notice of liability shall be sent by first class mail to each
53 person alleged to be liable as an owner for a violation of subdivision
54 (d) of section eleven hundred eleven of this article pursuant to this
55 section. Personal delivery on the owner shall not be required. A manual
A. 7730 28
1 or automatic record of mailing prepared in the ordinary course of busi-
2 ness shall be prima facie evidence of the facts contained therein.
3 2. A notice of liability shall contain the name and address of the
4 person alleged to be liable as an owner for a violation of subdivision
5 (d) of section eleven hundred eleven of this article pursuant to this
6 section, the registration number of the vehicle involved in such
7 violation, the location where such violation took place, the date and
8 time of such violation and the identification number of the camera which
9 recorded the violation or other document locator number.
10 3. The notice of liability shall contain information advising the
11 person charged of the manner and the time in which he or she may contest
12 the liability alleged in the notice. Such notice of liability shall also
13 contain a warning to advise the persons charged that failure to contest
14 in the manner and time provided shall be deemed an admission of liabil-
15 ity and that a default judgment may be entered thereon.
16 4. The notice of liability shall be prepared and mailed by the city of
17 White Plains, or by any other entity authorized by such city to prepare
18 and mail such notification of violation.
19 (h) Adjudication of the liability imposed upon owners by this section
20 shall be by a traffic violations bureau established pursuant to section
21 three hundred seventy of the general municipal law or, if there be none,
22 by the court having jurisdiction over traffic infractions, except that
23 if such city has established an administrative tribunal to hear and
24 determine complaints of traffic infractions constituting parking, stand-
25 ing or stopping violations such city may, by local law, authorize such
26 adjudication by such tribunal.
27 (i) If an owner receives a notice of liability pursuant to this
28 section for any time period during which the vehicle was reported to the
29 police department as having been stolen, it shall be a valid defense to
30 an allegation of liability for a violation of subdivision (d) of section
31 eleven hundred eleven of this article pursuant to this section that the
32 vehicle had been reported to the police as stolen prior to the time the
33 violation occurred and had not been recovered by such time. For purposes
34 of asserting the defense provided by this subdivision it shall be suffi-
35 cient that a certified copy of the police report on the stolen vehicle
36 be sent by first class mail to the traffic violations bureau, court
37 having jurisdiction or parking violations bureau.
38 (j) 1. In such city where the adjudication of liability imposed upon
39 owners pursuant to this section is by a traffic violations bureau or a
40 court having jurisdiction, an owner who is a lessor of a vehicle to
41 which a notice of liability was issued pursuant to subdivision (g) of
42 this section shall not be liable for the violation of subdivision (d) of
43 section eleven hundred eleven of this article, provided that he or she
44 sends to the traffic violations bureau or court having jurisdiction a
45 copy of the rental, lease or other such contract document covering such
46 vehicle on the date of the violation, with the name and address of the
47 lessee clearly legible, within thirty-seven days after receiving notice
48 from the bureau or court of the date and time of such violation, togeth-
49 er with the other information contained in the original notice of
50 liability. Failure to send such information within such thirty-seven day
51 time period shall render the owner liable for the penalty prescribed by
52 this section. Where the lessor complies with the provisions of this
53 paragraph, the lessee of such vehicle on the date of such violation
54 shall be deemed to be the owner of such vehicle for purposes of this
55 section, shall be subject to liability for the violation of subdivision
56 (d) of section eleven hundred eleven of this article pursuant to this
A. 7730 29
1 section and shall be sent a notice of liability pursuant to subdivision
2 (g) of this section.
3 2. (I) In such city which, by local law, has authorized the adjudi-
4 cation of liability imposed upon owners by this section by a parking
5 violations bureau, an owner who is a lessor of a vehicle to which a
6 notice of liability was issued pursuant to subdivision (g) of this
7 section shall not be liable for the violation of subdivision (d) of
8 section eleven hundred eleven of this article, provided that:
9 (A) prior to the violation, the lessor has filed with the bureau in
10 accordance with the provisions of section two hundred thirty-nine of
11 this chapter; and
12 (B) within thirty-seven days after receiving notice from the bureau of
13 the date and time of a liability, together with the other information
14 contained in the original notice of liability, the lessor submits to the
15 bureau the correct name and address of the lessee of the vehicle identi-
16 fied in the notice of liability at the time of such violation, together
17 with such other additional information contained in the rental, lease or
18 other contract document, as may be reasonably required by the bureau
19 pursuant to regulations that may be promulgated for such purpose.
20 (II) Failure to comply with clause (B) of subparagraph (I) of this
21 paragraph shall render the owner liable for the penalty prescribed in
22 this section.
23 (III) Where the lessor complies with the provisions of this paragraph,
24 the lessee of such vehicle on the date of such violation shall be deemed
25 to be the owner of such vehicle for purposes of this section, shall be
26 subject to liability for such violation pursuant to this section and
27 shall be sent a notice of liability pursuant to subdivision (g) of this
28 section.
29 (k) 1. If the owner liable for a violation of subdivision (d) of
30 section eleven hundred eleven of this article pursuant to this section
31 was not the operator of the vehicle at the time of the violation, the
32 owner may maintain an action for indemnification against the operator.
33 2. Notwithstanding any other provision of this section, no owner of a
34 vehicle shall be subject to a monetary fine imposed pursuant to this
35 section if the operator of such vehicle was operating such vehicle with-
36 out the consent of the owner at the time such operator failed to obey a
37 traffic-control indication. For purposes of this subdivision there shall
38 be a presumption that the operator of such vehicle was operating such
39 vehicle with the consent of the owner at the time such operator failed
40 to obey a traffic-control indication.
41 (l) Nothing in this section shall be construed to limit the liability
42 of an operator of a vehicle for any violation of subdivision (d) of
43 section eleven hundred eleven of this article.
44 (m) In any such city which adopts a demonstration program pursuant to
45 subdivision (a) of this section, such city shall submit an annual report
46 on the results of the use of a traffic-control signal photo violation-
47 monitoring system to the governor, the temporary president of the senate
48 and the speaker of the assembly on or before the first day of June next
49 succeeding the effective date of this section and on the same date in
50 each succeeding year in which the demonstration program is operable.
51 Such report shall include, but not be limited to:
52 1. a description of the locations where traffic-control signal photo
53 violation-monitoring systems were used;
54 2. the aggregate number, type and severity of accidents reported at
55 intersections where a traffic-control signal photo violation-monitoring
56 system is used for the year preceding the installation of such system,
A. 7730 30
1 to the extent the information is maintained by the department of motor
2 vehicles of this state;
3 3. the aggregate number, type and severity of accidents reported at
4 intersections where a traffic-control signal photo violation-monitoring
5 system is used, to the extent the information is maintained by the
6 department of motor vehicles of this state;
7 4. the number of violations recorded at each intersection where a
8 traffic-control signal photo violation-monitoring system is used and in
9 the aggregate on a daily, weekly and monthly basis;
10 5. the total number of notices of liability issued for violations
11 recorded by such systems;
12 6. the number of fines and total amount of fines paid after first
13 notice of liability issued for violations recorded by such systems;
14 7. the number of violations adjudicated and results of such adjudi-
15 cations including breakdowns of dispositions made for violations
16 recorded by such systems;
17 8. the total amount of revenue realized by such city from such adjudi-
18 cations;
19 9. expenses incurred by such city in connection with the program; and
20 10. quality of the adjudication process and its results.
21 (n) It shall be a defense to any prosecution for a violation of subdi-
22 vision (d) of section eleven hundred eleven of this article pursuant to
23 a local law or ordinance adopted pursuant to this section that such
24 traffic-control indications were malfunctioning at the time of the
25 alleged violation.
26 § 10. The opening paragraph and paragraph (c) of subdivision 1 of
27 section 1809 of the vehicle and traffic law, as separately amended by
28 section 3 of chapter 43, and section 10 of chapters 99, 101, and 123 of
29 the laws of 2014, are amended to read as follows:
30 Whenever proceedings in an administrative tribunal or a court of this
31 state result in a conviction for an offense under this chapter or a
32 traffic infraction under this chapter, or a local law, ordinance, rule
33 or regulation adopted pursuant to this chapter, other than a traffic
34 infraction involving standing, stopping, or parking or violations by
35 pedestrians or bicyclists, or other than an adjudication of liability of
36 an owner for a violation of subdivision (d) of section eleven hundred
37 eleven of this chapter in accordance with section eleven hundred
38 eleven-a of this chapter, or other than an adjudication of liability of
39 an owner for a violation of subdivision (d) of section eleven hundred
40 eleven of this chapter in accordance with section eleven hundred
41 eleven-b of this chapter, or other than an adjudication in accordance
42 with section eleven hundred eleven-c of this chapter for a violation of
43 a bus lane restriction as defined in such section, or other than an
44 adjudication of liability of an owner for a violation of subdivision (d)
45 of section eleven hundred eleven of this chapter in accordance with
46 section eleven hundred eleven-d of this chapter, or other than an adju-
47 dication of liability of an owner for a violation of subdivision (b),
48 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
49 accordance with section eleven hundred eighty-b of this chapter, or
50 other than an adjudication of liability of an owner for a violation of
51 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
52 of this chapter in accordance with section eleven hundred eighty-c of
53 this chapter, or other than an adjudication of liability of an owner for
54 a violation of subdivision (d) of section eleven hundred eleven of this
55 chapter in accordance with section eleven hundred eleven-e of this chap-
56 ter, there shall be levied a crime victim assistance fee and a mandatory
A. 7730 31
1 surcharge, in addition to any sentence required or permitted by law, in
2 accordance with the following schedule:
3 (c) Whenever proceedings in an administrative tribunal or a court of
4 this state result in a conviction for an offense under this chapter
5 other than a crime pursuant to section eleven hundred ninety-two of this
6 chapter, or a traffic infraction under this chapter, or a local law,
7 ordinance, rule or regulation adopted pursuant to this chapter, other
8 than a traffic infraction involving standing, stopping, or parking or
9 violations by pedestrians or bicyclists, or other than an adjudication
10 of liability of an owner for a violation of subdivision (d) of section
11 eleven hundred eleven of this chapter in accordance with section eleven
12 hundred eleven-a of this chapter, or other than an adjudication of
13 liability of an owner for a violation of subdivision (d) of section
14 eleven hundred eleven of this chapter in accordance with section eleven
15 hundred eleven-b of this chapter, or other than an adjudication of
16 liability of an owner for a violation of subdivision (d) of section
17 eleven hundred eleven of this chapter in accordance with section eleven
18 hundred eleven-d of this chapter, or other than an infraction pursuant
19 to article nine of this chapter or other than an adjudication of liabil-
20 ity of an owner for a violation of toll collection regulations pursuant
21 to section two thousand nine hundred eighty-five of the public authori-
22 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
23 hundred seventy-four of the laws of nineteen hundred fifty or other than
24 an adjudication in accordance with section eleven hundred eleven-c of
25 this chapter for a violation of a bus lane restriction as defined in
26 such section, or other than an adjudication of liability of an owner for
27 a violation 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, or other than an adjudication of liability of
30 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of
31 section eleven hundred eighty of this chapter in accordance with section
32 eleven hundred eighty-c of this chapter, or other than an adjudication
33 of 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-e of this chapter, there shall be levied a crime victim
36 assistance fee in the amount of five dollars and a mandatory surcharge,
37 in addition to any sentence required or permitted by law, in the amount
38 of fifty-five dollars.
39 § 10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
40 as separately amended by section 3-a of chapter 43 and section 10-a of
41 chapters 99, 101 and 123 of the laws of 2014, is amended to read as
42 follows:
43 1. Whenever proceedings in an administrative tribunal or a court of
44 this state result in a conviction for a crime under this chapter or a
45 traffic infraction under this chapter, or a local law, ordinance, rule
46 or regulation adopted pursuant to this chapter, other than a traffic
47 infraction involving standing, stopping, parking or motor vehicle equip-
48 ment or violations by pedestrians or bicyclists, or other than an adju-
49 dication of liability of an owner for a violation of subdivision (d) of
50 section eleven hundred eleven of this chapter in accordance with section
51 eleven hundred eleven-a of this chapter, or other than an adjudication
52 of liability of an owner for a violation of subdivision (d) of section
53 eleven hundred eleven of this chapter in accordance with section eleven
54 hundred eleven-b of this chapter, or other than an adjudication in
55 accordance with section eleven hundred eleven-c of this chapter for a
56 violation of a bus lane restriction as defined in such section, or other
A. 7730 32
1 than an adjudication of liability of an owner for a violation of subdi-
2 vision (d) of section eleven hundred eleven of this chapter in accord-
3 ance with section eleven hundred eleven-d of this chapter, or other than
4 an adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-b of this chapter,
7 or other than an adjudication of liability of an owner for a violation
8 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
9 eighty of this chapter in accordance with section eleven hundred eight-
10 y-c of this chapter, or other than an adjudication of liability of an
11 owner for a violation of subdivision (d) of section eleven hundred elev-
12 en of this chapter in accordance with section eleven hundred eleven-e of
13 this chapter, there shall be levied a mandatory surcharge, in addition
14 to any sentence required or permitted by law, in the amount of twenty-
15 five dollars.
16 § 10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
17 as separately amended by section 3-b of chapter 43 and section 10-b of
18 chapters 99, 101, and 123 of the laws of 2014, is amended to read as
19 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 (d) of section eleven hundred eleven of this chapter in accord-
29 ance with section eleven hundred eleven-d of this chapter, or other than
30 an adjudication of liability of an owner for a violation of subdivision
31 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
32 ter in accordance with section eleven hundred eighty-b of this chapter,
33 or other than an adjudication of liability of an owner for a violation
34 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
35 eighty of this chapter in accordance with section eleven hundred eight-
36 y-c of this chapter, or other than an adjudication of liability of an
37 owner for a violation of subdivision (d) of section eleven hundred elev-
38 en of this chapter in accordance with section eleven hundred eleven-e of
39 this chapter, there shall be levied a mandatory surcharge, in addition
40 to any sentence required or permitted by law, in the amount of seventeen
41 dollars.
42 § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
43 as separately amended by section 3-c of chapter 43 and section 10-c of
44 chapters 99, 101, and 123 of the laws of 2014, is amended to read as
45 follows:
46 1. Whenever proceedings in an administrative tribunal or a court of
47 this state result in a conviction for a crime under this chapter or a
48 traffic infraction under this chapter other than a traffic infraction
49 involving standing, stopping, parking or motor vehicle equipment or
50 violations by pedestrians or bicyclists, or other than an adjudication
51 of liability of an owner for a violation of subdivision (b), (c), (d),
52 (f) or (g) of section eleven hundred eighty of this chapter in accord-
53 ance with section eleven hundred eighty-b of this chapter, or other than
54 an adjudication of liability of an owner for a violation of subdivision
55 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
56 ter in accordance with section eleven hundred eighty-c of this chapter,
A. 7730 33
1 or other than an adjudication of liability of an owner for a violation
2 of subdivision (d) of section eleven hundred eleven of this chapter in
3 accordance with section eleven hundred eleven-d of this chapter, or
4 other than an adjudication of liability of an owner for a violation of
5 subdivision (d) of section eleven hundred eleven of this chapter in
6 accordance with section eleven hundred eleven-e of this chapter, there
7 shall be levied a mandatory surcharge, in addition to any sentence
8 required or permitted by law, in the amount of seventeen dollars.
9 § 10-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
10 as separately amended by section 3-d of chapter 43 and section 10-d of
11 chapters 99, 101, and 123 of the laws of 2014, is amended to read as
12 follows:
13 1. Whenever proceedings in an administrative tribunal or a court of
14 this state result in a conviction for a crime under this chapter or a
15 traffic infraction under this chapter other than a traffic infraction
16 involving standing, stopping, parking or motor vehicle equipment or
17 violations by pedestrians or bicyclists, or other than an adjudication
18 of liability of an owner for a violation of subdivision (b), (c), (d),
19 (f) or (g) of section eleven hundred eighty of this chapter in accord-
20 ance with section eleven hundred eighty-c of this chapter, or other than
21 an adjudication of liability of an owner for a violation of subdivision
22 (d) of section eleven hundred eleven of this chapter in accordance with
23 section eleven hundred eleven-d of this chapter, or other than an adju-
24 dication of liability of an owner for a violation of subdivision (d) of
25 section eleven hundred eleven of this chapter in accordance with section
26 eleven hundred eleven-e of this chapter, there shall be levied a manda-
27 tory surcharge, in addition to any sentence required or permitted by
28 law, in the amount of seventeen dollars.
29 § 10-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
30 as separately amended by section 10-d of chapters 99, 101, and 123 of
31 the laws of 2014, is amended to read as follows:
32 1. Whenever proceedings in an administrative tribunal or a court of
33 this state result in a conviction for a crime under this chapter or a
34 traffic infraction under this chapter other than a traffic infraction
35 involving standing, stopping, parking or motor vehicle equipment or
36 violations by pedestrians or bicyclists, or other than an adjudication
37 of liability of an owner for a violation of subdivision (d) of section
38 eleven hundred eleven of this chapter in accordance with section eleven
39 hundred eleven-d of this chapter, or other than an adjudication of
40 liability of an owner for a violation of subdivision (d) of section
41 eleven hundred eleven of this chapter in accordance with section eleven
42 hundred eleven-e of this chapter, there shall be levied a mandatory
43 surcharge, in addition to any sentence required or permitted by law, in
44 the amount of seventeen dollars.
45 § 10-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
46 as separately amended by chapter 16 of the laws of 1983 and chapter 62
47 of the laws of 1989, is amended to read as follows:
48 1. Whenever proceedings in an administrative tribunal or a court of
49 this state result in a conviction for a crime under this chapter or a
50 traffic infraction under this chapter other than a traffic infraction
51 involving standing, stopping, parking or motor vehicle equipment or
52 violations by pedestrians or bicyclists, or other than an adjudication
53 of liability of an owner for a violation of subdivision (d) of section
54 eleven hundred eleven of this chapter in accordance with section eleven
55 hundred eleven-e of this chapter, there shall be levied a mandatory
A. 7730 34
1 surcharge, in addition to any sentence required or permitted by law, in
2 the amount of seventeen dollars.
3 § 11. Paragraph a of subdivision 1 of section 1809-e of the vehicle
4 and traffic law, as separately amended by section 4 of chapter 43 and
5 section 11 of chapters 99, 101, and 123 of the laws of 2014, is amended
6 to read as follows:
7 a. Notwithstanding any other provision of law, whenever proceedings in
8 a court or an administrative tribunal of this state result in a
9 conviction for an offense under this chapter, except a conviction pursu-
10 ant to section eleven hundred ninety-two of this chapter, or for a traf-
11 fic infraction under this chapter, or a local law, ordinance, rule or
12 regulation adopted pursuant to this chapter, except a traffic infraction
13 involving standing, stopping, or parking or violations by pedestrians or
14 bicyclists, and except an adjudication of liability of an owner for a
15 violation of subdivision (d) of section eleven hundred eleven of this
16 chapter in accordance with section eleven hundred eleven-a of this chap-
17 ter or in accordance with section eleven hundred eleven-d of this chap-
18 ter, or in accordance with section eleven hundred eleven-e of this chap-
19 ter, and except an adjudication of liability of an owner for a violation
20 of subdivision (d) of section eleven hundred eleven of this chapter in
21 accordance with section eleven hundred eleven-b of this chapter, and
22 except an adjudication in accordance with section eleven hundred
23 eleven-c of this chapter of a violation of a bus lane restriction as
24 defined in such section, and except an adjudication of liability of an
25 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
26 section eleven hundred eighty of this chapter in accordance with section
27 eleven hundred eighty-b of this chapter, and except an adjudication of
28 liability of an owner for a violation of subdivision (b), (c), (d), (f)
29 or (g) of section eleven hundred eighty of this chapter in accordance
30 with section eleven hundred eighty-c of this chapter, and except an
31 adjudication of liability of an owner for a violation of toll collection
32 regulations pursuant to section two thousand nine hundred eighty-five of
33 the public authorities law or sections sixteen-a, sixteen-b and
34 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
35 hundred fifty, there shall be levied in addition to any sentence, penal-
36 ty or other surcharge required or permitted by law, an additional
37 surcharge of twenty-eight dollars.
38 § 11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
39 and traffic law, as separately amended by section 4-a of chapter 43 and
40 section 11-a of chapters 99, 101, and 123 of the laws of 2014, is
41 amended to read as follows:
42 a. Notwithstanding any other provision of law, whenever proceedings in
43 a court or an administrative tribunal of this state result in a
44 conviction for an offense under this chapter, except a conviction pursu-
45 ant to section eleven hundred ninety-two of this chapter, or for a traf-
46 fic infraction under this chapter, or a local law, ordinance, rule or
47 regulation adopted pursuant to this chapter, except a traffic infraction
48 involving standing, stopping, or parking or violations by pedestrians or
49 bicyclists, and except an adjudication of liability of an owner for a
50 violation of subdivision (d) of section eleven hundred eleven of this
51 chapter in accordance with section eleven hundred eleven-a of this chap-
52 ter or in accordance with section eleven hundred eleven-d of this chap-
53 ter or in accordance with section eleven hundred eleven-e of this chap-
54 ter, and except an adjudication in accordance with section eleven
55 hundred eleven-c of this chapter of a violation of a bus lane
56 restriction as defined in such section, and except an adjudication of
A. 7730 35
1 liability of an owner for a violation of subdivision (b), (c), (d), (f)
2 or (g) of section eleven hundred eighty of this chapter in accordance
3 with section eleven hundred eighty-b of this chapter, and except an
4 adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-c of this chapter,
7 and except an adjudication of liability of an owner for a violation of
8 toll collection regulations pursuant to section two thousand nine
9 hundred eighty-five of the public authorities law or sections sixteen-a,
10 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
11 laws of nineteen hundred fifty, there shall be levied in addition to any
12 sentence, penalty or other surcharge required or permitted by law, an
13 additional surcharge of twenty-eight dollars.
14 § 11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
15 and traffic law, as separately amended by section 4-b of chapter 43 and
16 section 11-b of chapters 99, 101, and 123 of the laws of 2014, is
17 amended to read as follows:
18 a. Notwithstanding any other provision of law, whenever proceedings in
19 a court or an administrative tribunal of this state result in a
20 conviction for an offense under this chapter, except a conviction pursu-
21 ant to section eleven hundred ninety-two of this chapter, or for a traf-
22 fic infraction under this chapter, or a local law, ordinance, rule or
23 regulation adopted pursuant to this chapter, except a traffic infraction
24 involving standing, stopping, or parking or violations by pedestrians or
25 bicyclists, and except an adjudication of liability of an owner for a
26 violation of subdivision (d) of section eleven hundred eleven of this
27 chapter in accordance with section eleven hundred eleven-a of this chap-
28 ter or in accordance with section eleven hundred eleven-d of this chap-
29 ter or in accordance with section eleven hundred eleven-e of this chap-
30 ter, and except an adjudication of liability of an owner for a violation
31 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
32 eighty of this chapter in accordance with section eleven hundred eight-
33 y-b of this chapter, and except an adjudication of liability of an owner
34 for a violation of subdivision (b), (c), (d), (f) or (g) of section
35 eleven hundred eighty of this chapter in accordance with section eleven
36 hundred eighty-c of this chapter, and except 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, there shall
41 be levied in addition to any sentence, penalty or other surcharge
42 required or permitted by law, an additional surcharge of twenty-eight
43 dollars.
44 § 11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
45 and traffic law, as separately amended by section 4-c of chapter 43 and
46 section 11-c of chapters 99, 101, and 123 of the laws of 2014, is
47 amended to read as follows:
48 a. Notwithstanding any other provision of law, whenever proceedings in
49 a court or an administrative tribunal of this state result in a
50 conviction for an offense under this chapter, except a conviction pursu-
51 ant to section eleven hundred ninety-two of this chapter, or for a traf-
52 fic infraction under this chapter, or a local law, ordinance, rule or
53 regulation adopted pursuant to this chapter, except a traffic infraction
54 involving standing, stopping, or parking or violations by pedestrians or
55 bicyclists, and except an adjudication of liability of an owner for a
56 violation of subdivision (d) of section eleven hundred eleven of this
A. 7730 36
1 chapter in accordance with section eleven hundred eleven-a of this chap-
2 ter or in accordance with section eleven hundred eleven-d of this chap-
3 ter or in accordance with section eleven hundred eleven-e of this chap-
4 ter, and except an adjudication of liability of an owner for a violation
5 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
6 eighty of this chapter in accordance with section eleven hundred eight-
7 y-c of this chapter, and except an adjudication of liability of an owner
8 for a violation of toll collection regulations pursuant to section two
9 thousand nine hundred eighty-five of the public authorities law or
10 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
11 seventy-four of the laws of nineteen hundred fifty, there shall be
12 levied in addition to any sentence, penalty or other surcharge required
13 or permitted by law, an additional surcharge of twenty-eight dollars.
14 § 11-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
15 and traffic law, as separately amended by section 11-c of chapters 99,
16 101, and 123 of the laws of 2014, is amended to read as follows:
17 a. Notwithstanding any other provision of law, whenever proceedings in
18 a court or an administrative tribunal of this state result in a
19 conviction for an offense under this chapter, except a conviction pursu-
20 ant to section eleven hundred ninety-two of this chapter, or for a traf-
21 fic infraction under this chapter, or a local law, ordinance, rule or
22 regulation adopted pursuant to this chapter, except a traffic infraction
23 involving standing, stopping, or parking or violations by pedestrians or
24 bicyclists, and except an adjudication of liability of an owner for a
25 violation of subdivision (d) of section eleven hundred eleven of this
26 chapter in accordance with section eleven hundred eleven-a of this chap-
27 ter or in accordance with section eleven hundred eleven-d of this chap-
28 ter or in accordance with section eleven hundred eleven-e of this chap-
29 ter, and except an adjudication of liability of an owner for a violation
30 of toll collection regulations pursuant to section two thousand nine
31 hundred eighty-five of the public authorities law or sections sixteen-a,
32 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
33 laws of nineteen hundred fifty, there shall be levied in addition to any
34 sentence, penalty or other surcharge required or permitted by law, an
35 additional surcharge of twenty-eight dollars.
36 § 11-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
37 and traffic law, as amended by section 5 of part C of chapter 55 of the
38 laws of 2013, is amended to read as follows:
39 a. Notwithstanding any other provision of law, whenever proceedings in
40 a court or an administrative tribunal of this state result in a
41 conviction for an offense under this chapter, except a conviction pursu-
42 ant to section eleven hundred ninety-two of this chapter, or for a traf-
43 fic infraction under this chapter, or a local law, ordinance, rule or
44 regulation adopted pursuant to this chapter, except a traffic infraction
45 involving standing, stopping, or parking or violations by pedestrians or
46 bicyclists, and except an adjudication of liability of an owner for a
47 violation of subdivision (d) of section eleven hundred eleven of this
48 chapter in accordance with section eleven hundred eleven-a of this chap-
49 ter or in accordance with section eleven hundred eleven-e of this chap-
50 ter, and except an adjudication of liability of an owner for a violation
51 of toll collection regulations pursuant to section two thousand nine
52 hundred eighty-five of the public authorities law or sections sixteen-a,
53 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
54 laws of nineteen hundred fifty, there shall be levied in addition to any
55 sentence, penalty or other surcharge required or permitted by law, an
56 additional surcharge of twenty-eight dollars.
A. 7730 37
1 § 12. Subdivision 1 of section 371 of the general municipal law, as
2 separately amended by section 12 of chapters 99, 101, and 123 of the
3 laws of 2014, is amended to read as follows:
4 1. A traffic violations bureau so established may be authorized to
5 dispose of violations of traffic laws, ordinances, rules and regulations
6 when such offenses shall not constitute the traffic infraction known as
7 speeding or a misdemeanor or felony, and, if authorized by local law or
8 ordinance, to adjudicate the liability of owners for violations of
9 subdivision (d) of section eleven hundred eleven of the vehicle and
10 traffic law in accordance with section eleven hundred eleven-a of such
11 law or section eleven hundred eleven-b of such law as added by sections
12 sixteen of chapters twenty, twenty-one, and twenty-two of the laws of
13 two thousand nine which amended this subdivision, or section eleven
14 hundred eleven-d of such law, or section eleven hundred eleven-e of such
15 law.
16 § 12-a. Section 371 of the general municipal law, as separately
17 amended by section 12-a of chapters 99, 101, and 123 of the laws of
18 2014, is amended to read as follows:
19 § 371. Jurisdiction and procedure. A traffic violations bureau so
20 established may be authorized to dispose of violations of traffic laws,
21 ordinances, rules and regulations when such offenses shall not consti-
22 tute the traffic infraction known as speeding or a misdemeanor or felo-
23 ny, and, if authorized by local law or ordinance, to adjudicate the
24 liability of owners for violations of subdivision (d) of section eleven
25 hundred eleven of the vehicle and traffic law in accordance with section
26 eleven hundred eleven-b of such law as added by sections sixteen of
27 chapters twenty, twenty-one, and twenty-two of the laws of two thousand
28 nine which amended this section or section eleven hundred eleven-d of
29 such law or section eleven hundred eleven-e of such law, by permitting a
30 person charged with an offense within the limitations herein stated, to
31 answer, within a specified time, at the traffic violations bureau,
32 either in person or by written power of attorney in such form as may be
33 prescribed in the ordinance creating the bureau, by paying a prescribed
34 fine and, in writing, waiving a hearing in court, pleading guilty to the
35 charge or admitting liability as an owner for the violation of subdivi-
36 sion (d) of section eleven hundred eleven of the vehicle and traffic
37 law, as the case may be, and authorizing the person in charge of the
38 bureau to make such a plea or admission and pay such a fine in court.
39 Acceptance of the prescribed fine and power of attorney by the bureau
40 shall be deemed complete satisfaction for the violation or of the
41 liability, and the violator or owner liable for a violation of subdivi-
42 sion (d) of section eleven hundred eleven of the vehicle and traffic law
43 shall be given a receipt which so states. If a person charged with a
44 traffic violation does not answer as hereinbefore prescribed, within a
45 designated time, the bureau shall cause a complaint to be entered
46 against him or her forthwith and a warrant to be issued for his or her
47 arrest and appearance before the court. Any person who shall have been,
48 within the preceding twelve months, guilty of a number of parking
49 violations in excess of such maximum number as may be designated by the
50 court, or of three or more violations other than parking violations,
51 shall not be permitted to appear and answer to a subsequent violation at
52 the traffic violations bureau, but must appear in court at a time speci-
53 fied by the bureau. Such traffic violations bureau shall not be author-
54 ized to deprive a person of his or her right to counsel or to prevent
55 him or her from exercising his or her right to appear in court to answer
A. 7730 38
1 to, explain, or defend any charge of a violation of any traffic law,
2 ordinance, rule or regulation.
3 § 12-b. Section 371 of the general municipal law, as separately
4 amended by section 12-b of chapters 99, 101, and 123 of the laws of
5 2014, is amended to read as follows:
6 § 371. Jurisdiction and procedure. A traffic violations bureau so
7 established may be authorized to dispose of violations of traffic laws,
8 ordinances, rules and regulations when such offenses shall not consti-
9 tute the traffic infraction known as speeding or a misdemeanor or felo-
10 ny, and, if authorized by local law or ordinance, to adjudicate the
11 liability of owners for violations of subdivision (d) of section eleven
12 hundred eleven of the vehicle and traffic law in accordance with section
13 eleven hundred eleven-d or section eleven hundred eleven-e of the vehi-
14 cle and traffic law, by permitting a person charged with an offense
15 within the limitations herein stated, to answer, within a specified
16 time, at the traffic violations bureau, either in person or by written
17 power of attorney in such form as may be prescribed in the ordinance
18 creating the bureau, by paying a prescribed fine and, in writing, waiv-
19 ing a hearing in court, pleading guilty to the charge or admitting
20 liability as an owner for the violation of subdivision (d) of section
21 eleven hundred eleven of the vehicle and traffic law, as the case may
22 be, and authorizing the person in charge of the bureau to make such a
23 plea or admission and pay such a fine in court. Acceptance of the
24 prescribed fine and power of attorney by the bureau shall be deemed
25 complete satisfaction for the violation or of the liability, and the
26 violator or owner liable for a violation of subdivision (d) of section
27 eleven hundred eleven of the vehicle and traffic law shall be given a
28 receipt which so states. If a person charged with a traffic violation
29 does not answer as hereinbefore prescribed, within a designated time,
30 the bureau shall cause a complaint to be entered against him or her
31 forthwith and a warrant to be issued for his or her arrest and appear-
32 ance before the court. Any person who shall have been, within the
33 preceding twelve months, guilty of a number of parking violations in
34 excess of such maximum number as may be designated by the court, or of
35 three or more violations other than parking violations, shall not be
36 permitted to appear and answer to a subsequent violation at the traffic
37 violations bureau, but must appear in court at a time specified by the
38 bureau. Such traffic violations bureau shall not be authorized to
39 deprive a person of his or her right to counsel or to prevent him or her
40 from exercising his or her right to appear in court to answer to,
41 explain, or defend any charge of a violation of any traffic law, ordi-
42 nance, rule or regulation.
43 § 12-c. Section 371 of the general municipal law, as amended by chap-
44 ter 802 of the laws of 1949, is amended to read as follows:
45 § 371. Jurisdiction and procedure. A traffic violations bureau so
46 established may be authorized to dispose of violations of traffic laws,
47 ordinances, rules and regulations when such offenses shall not consti-
48 tute the traffic infraction known as speeding or a misdemeanor or felo-
49 ny, and, if authorized by local law or ordinance, to adjudicate the
50 liability of owners for violations of subdivision (d) of section eleven
51 hundred eleven of the vehicle and traffic law in accordance with section
52 eleven hundred eleven-e of the vehicle and traffic law, by permitting a
53 person charged with an offense within the limitations herein stated, to
54 answer, within a specified time, at the traffic violations bureau,
55 either in person or by written power of attorney in such form as may be
56 prescribed in the ordinance creating the bureau, by paying a prescribed
A. 7730 39
1 fine and, in writing, waiving a hearing in court, pleading guilty to the
2 charge or admitting liability as an owner for violation of subdivision
3 (d) of section eleven hundred eleven of the vehicle and traffic law, as
4 the case may be, and authorizing the person in charge of the bureau to
5 make such a plea or admission and pay such a fine in court. Acceptance
6 of the prescribed fine and power of attorney by the bureau shall be
7 deemed complete satisfaction for the violation or of the liability, and
8 the violator or owner liable for a violation of subdivision (d) of
9 section eleven hundred eleven of the vehicle and traffic law shall be
10 given a receipt which so states. If a person charged with a traffic
11 violation does not answer as hereinbefore prescribed, within a desig-
12 nated time, the bureau shall cause a complaint to be entered against him
13 or her forthwith and a warrant to be issued for his or her arrest and
14 appearance before the court. Any person who shall have been, within the
15 preceding twelve months, guilty of a number of parking violations in
16 excess of such maximum number as may be designated by the court, or of
17 three or more violations other than parking violations, shall not be
18 permitted to appear and answer to a subsequent violation at the traffic
19 violations bureau, but must appear in court at a time specified by the
20 bureau. Such traffic violations bureau shall not be authorized to
21 deprive a person of his or her right to counsel or to prevent him or her
22 from exercising his or her right to appear in court to answer to,
23 explain, or defend any charge of a violation of any traffic law, ordi-
24 nance, rule or regulation.
25 § 13. Subdivision 2 of section 87 of the public officers law is
26 amended by adding a new paragraph (o) to read as follows:
27 (o) are photographs, microphotographs, videotape or other recorded
28 images prepared under authority of section eleven hundred eleven-e of
29 the vehicle and traffic law.
30 § 14. The purchase or lease of equipment for a demonstration program
31 established pursuant to section 1111-e of the vehicle and traffic law
32 shall be subject to the provisions of section 103 of the general munici-
33 pal law.
34 § 15. This act shall take effect on the thirtieth day after it shall
35 have become a law and shall expire 5 years after such effective date
36 when upon such date the provisions of this act shall be deemed repealed;
37 and provided further that any rules necessary for the implementation of
38 this act on its effective date shall be promulgated on or before such
39 effective date, provided that:
40 (a) the amendments to subdivision 1 of section 235 of the vehicle and
41 traffic law made by section one of this act shall not affect the expira-
42 tion of such subdivision and shall be deemed to expire therewith, when
43 upon such date the provisions of section one-a of this act shall take
44 effect;
45 (b) the amendments to section 235 of the vehicle and traffic law made
46 by section one-a of this act shall not affect the expiration of such
47 section and shall be deemed to expire therewith, when upon such date the
48 provisions of section one-b of this act shall take effect;
49 (c) the amendments to section 235 of the vehicle and traffic law made
50 by section one-b of this act shall not affect the expiration of such
51 section and shall be deemed to expire therewith, when upon such date the
52 provisions of section one-c of this act shall take effect;
53 (d) the amendments to section 235 of the vehicle and traffic law made
54 by section one-c of this act shall not affect the expiration of such
55 section and shall be deemed to expire therewith, when upon such date the
56 provisions of section one-d of this act shall take effect;
A. 7730 40
1 (e) the amendments to section 235 of the vehicle and traffic law made
2 by section one-d of this act shall not affect the expiration of such
3 section and shall be deemed to expire therewith, when upon such date the
4 provisions of section one-e of this act shall take effect;
5 (f) the amendments to section 235 of the vehicle and traffic law made
6 by section one-e of this act shall not affect the expiration of such
7 section and shall be deemed to expire therewith, when upon such date the
8 provisions of section one-f of this act shall take effect;
9 (g) the amendments to subdivision 1 of section 236 of the vehicle and
10 traffic law made by section two of this act shall not affect the expira-
11 tion of such subdivision and shall be deemed to expire therewith, when
12 upon such date the provisions of section two-a of this act shall take
13 effect;
14 (h) the amendments to subdivision 1 of section 236 of the vehicle and
15 traffic law made by section two-a of this act shall not affect the expi-
16 ration of such subdivision and shall be deemed to expire therewith, when
17 upon such date the provisions of section two-b of this act shall take
18 effect;
19 (i) the amendments to subdivision 1 of section 236 of the vehicle and
20 traffic law made by section two-b of this act shall not affect the expi-
21 ration of such subdivision and shall be deemed to expire therewith, when
22 upon such date the provisions of section two-c of this act shall take
23 effect;
24 (j) the amendments to subdivision 1 of section 236 of the vehicle and
25 traffic law made by section two-c of this act shall not affect the expi-
26 ration of such subdivision and shall be deemed to expire therewith, when
27 upon such date the provisions of section two-d of this act shall take
28 effect;
29 (k) the amendments to subdivision 1 of section 236 of the vehicle and
30 traffic law made by section two-d of this act shall not affect the expi-
31 ration of such subdivision and shall be deemed to expire therewith, when
32 upon such date the provisions of section two-e of this act shall take
33 effect;
34 (l) the amendments to paragraph f of subdivision 1 of section 239 of
35 the vehicle and traffic law made by section four of this act shall not
36 affect the expiration of such paragraph and shall be deemed to expire
37 therewith, when upon such date the provisions of section four-a of this
38 act shall take effect;
39 (m) the amendments to paragraph f of subdivision 1 of section 239 of
40 the vehicle and traffic law made by section four-a of this act shall not
41 affect the expiration of such paragraph and shall be deemed to expire
42 therewith, when upon such date the provisions of section four-b of this
43 act shall take effect;
44 (n) the amendments to paragraph f of subdivision 1 of section 239 of
45 the vehicle and traffic law made by section four-b of this act shall not
46 affect the expiration of such paragraph and shall be deemed to expire
47 therewith, when upon such date the provisions of section four-c of this
48 act shall take effect;
49 (o) the amendments to paragraph f of subdivision 1 of section 239 of
50 the vehicle and traffic law made by section four-c of this act shall not
51 affect the expiration of such paragraph and shall be deemed to expire
52 therewith, when upon such date the provisions of section four-d of this
53 act shall take effect;
54 (p) the amendments to paragraph f of subdivision 1 of section 239 of
55 the vehicle and traffic law made by section four-d of this act shall not
56 affect the expiration of such paragraph and shall be deemed to expire
A. 7730 41
1 therewith, when upon such date the provisions of section four-e of this
2 act shall take effect;
3 (q) the amendments to subdivisions 1 and 1-a of section 240 of the
4 vehicle and traffic law made by section five of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section five-a of this
7 act shall take effect;
8 (r) the amendments to subdivisions 1 and 1-a of section 240 of the
9 vehicle and traffic law made by section five-a of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section five-b of this
12 act shall take effect;
13 (s) the amendments to subdivisions 1 and 1-a of section 240 of the
14 vehicle and traffic law made by section five-b of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section five-c of this
17 act shall take effect;
18 (t) the amendments to subdivisions 1 and 1-a of section 240 of the
19 vehicle and traffic law made by section five-c of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section five-d of this
22 act shall take effect;
23 (u) the amendments to subdivisions 1 and 1-a of section 240 of the
24 vehicle and traffic law made by section five-d of this act shall not
25 affect the expiration of such subdivisions and shall be deemed to expire
26 therewith, when upon such date the provisions of section five-e of this
27 act shall take effect;
28 (v) the amendments to paragraphs a and g of subdivision 2 of section
29 240 of the vehicle and traffic law made by section six of this act shall
30 not affect the expiration of such paragraphs and shall be deemed to
31 expire therewith, when upon such date the provisions of section six-a of
32 this act shall take effect;
33 (w) the amendments to paragraphs a and g of subdivision 2 of section
34 240 of the vehicle and traffic law made by section six-a of this act
35 shall not affect the expiration of such paragraphs and shall be deemed
36 to expire therewith, when upon such date the provisions of section six-b
37 of this act shall take effect;
38 (x) the amendments to paragraphs a and g of subdivision 2 of section
39 240 of the vehicle and traffic law made by section six-b of this act
40 shall not affect the expiration of such paragraphs and shall be deemed
41 to expire therewith, when upon such date the provisions of section six-c
42 of this act shall take effect;
43 (y) the amendments to paragraphs a and g of subdivision 2 of section
44 240 of the vehicle and traffic law made by section six-c of this act
45 shall not affect the expiration of such paragraphs and shall be deemed
46 to expire therewith, when upon such date the provisions of section six-d
47 of this act shall take effect;
48 (z) the amendments to paragraphs a and g of subdivision 2 of section
49 240 of the vehicle and traffic law made by section six-d of this act
50 shall not affect the expiration of such paragraphs and shall be deemed
51 to expire therewith, when upon such date the provisions of section six-e
52 of this act shall take effect;
53 (aa) the amendments to subdivisions 1 and 2 of section 241 of the
54 vehicle and traffic law made by section seven of this act shall not
55 affect the expiration of such subdivisions and shall be deemed to expire
A. 7730 42
1 therewith, when upon such date the provisions of section seven-a of this
2 act shall take effect;
3 (bb) the amendments to subdivisions 1 and 2 of section 241 of the
4 vehicle and traffic law made by section seven-a of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section seven-b of this
7 act shall take effect;
8 (cc) the amendments to subdivisions 1 and 2 of section 241 of the
9 vehicle and traffic law made by section seven-b of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section seven-c of this
12 act shall take effect;
13 (dd) the amendments to subdivisions 1 and 2 of section 241 of the
14 vehicle and traffic law made by section seven-c of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section seven-d of this
17 act shall take effect;
18 (ee) the amendments to subdivisions 1 and 2 of section 241 of the
19 vehicle and traffic law made by section seven-d of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section seven-e of this
22 act shall take effect;
23 (ff) the amendments to subparagraph (i) of paragraph a of subdivision
24 5-a of section 401 of the vehicle and traffic law made by section eight
25 of this act shall not affect the expiration of such paragraph and shall
26 be deemed to expire therewith, when upon such date the provisions of
27 section eight-a of this act shall take effect;
28 (gg) the amendments to paragraph a of subdivision 5-a of section 401
29 of the vehicle and traffic law made by section eight-a of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section eight-b
32 of this act shall take effect;
33 (hh) the amendments to paragraph a of subdivision 5-a of section 401
34 of the vehicle and traffic law made by section eight-b of this act shall
35 not affect the expiration of such paragraph and shall be deemed to
36 expire therewith, when upon such date the provisions of section eight-c
37 of this act shall take effect;
38 (ii) the amendments to paragraph a of subdivision 5-a of section 401
39 of the vehicle and traffic law made by section eight-c of this act shall
40 not affect the expiration of such paragraph and shall be deemed to
41 expire therewith, when upon such date the provisions of section eight-d
42 of this act shall take effect;
43 (jj) the amendments to paragraph a of subdivision 5-a of section 401
44 of the vehicle and traffic law made by section eight-d of this act shall
45 not affect the expiration of such paragraph and shall be deemed to
46 expire therewith, when upon such date the provisions of section eight-e
47 of this act shall take effect;
48 (kk) the amendments to paragraph a of subdivision 5-a of section 401
49 of the vehicle and traffic law made by section eight-e of this act shall
50 not affect the expiration of such paragraph and shall be deemed to
51 expire therewith, when upon such date the provisions of section eight-f
52 of this act shall take effect;
53 (ll) the amendments to subdivision 1 of section 1809 of the vehicle
54 and traffic law made by section ten of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
A. 7730 43
1 when upon such date the provisions of section ten-a of this act shall
2 take effect;
3 (mm) the amendments to subdivision 1 of section 1809 of the vehicle
4 and traffic law made by section ten-a of this act shall not affect the
5 expiration of such subdivision and shall be deemed to expire therewith,
6 when upon such date the provisions of section ten-b of this act shall
7 take effect;
8 (nn) the amendments to subdivision 1 of section 1809 of the vehicle
9 and traffic law made by section ten-b 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 ten-c of this act shall
12 take effect;
13 (oo) the amendments to subdivision 1 of section 1809 of the vehicle
14 and traffic law made by section ten-c 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 ten-d of this act shall
17 take effect;
18 (pp) the amendments to subdivision 1 of section 1809 of the vehicle
19 and traffic law made by section ten-d of this act shall not affect the
20 expiration of such subdivision and shall be deemed to expire therewith,
21 when upon such date the provisions of section ten-e of this act shall
22 take effect;
23 (qq) the amendments to subdivision 1 of section 1809 of the vehicle
24 and traffic law made by section ten-e of this act shall not affect the
25 expiration of such subdivision and shall be deemed to expire therewith,
26 when upon such date the provisions of section ten-f of this act shall
27 take effect;
28 (rr) the amendments to paragraph a of subdivision 1 of section 1809-e
29 of the vehicle and traffic law made by section eleven of this act shall
30 not affect the expiration of such paragraph and shall be deemed to
31 expire therewith, when upon such date the provisions of section eleven-a
32 of this act shall take effect;
33 (ss) the amendments to paragraph a of subdivision 1 of section 1809-e
34 of the vehicle and traffic law made by section eleven-a 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 eleven-b
37 of this act shall take effect;
38 (tt) the amendments to paragraph a of subdivision 1 of section 1809-e
39 of the vehicle and traffic law made by section eleven-b of this act
40 shall not affect the expiration of such paragraph and shall be deemed to
41 expire therewith, when upon such date the provisions of section eleven-c
42 of this act shall take effect;
43 (uu) the amendments to paragraph a of subdivision 1 of section 1809-e
44 of the vehicle and traffic law made by section eleven-c of this act
45 shall not affect the expiration of such paragraph and shall be deemed to
46 expire therewith, when upon such date the provisions of section eleven-d
47 of this act shall take effect;
48 (vv) the amendments to paragraph a of subdivision 1 of section 1809-e
49 of the vehicle and traffic law made by section eleven-d of this act
50 shall not affect the expiration of such paragraph and shall be deemed to
51 expire therewith, when upon such date the provisions of section eleven-e
52 of this act shall take effect;
53 (ww) the amendments made to subdivision 1 of section 371 of the gener-
54 al municipal law made by section twelve of this act shall not affect the
55 expiration of such subdivision and shall be deemed to expire therewith,
A. 7730 44
1 when upon such date the provisions of section twelve-a of this act shall
2 take effect;
3 (xx) the amendments made to section 371 of the general municipal law
4 by section twelve-a of this act shall not affect the expiration of such
5 section and shall be deemed to expire therewith, when upon such date the
6 provisions of section twelve-b of this act shall take effect; and
7 (yy) the amendments made to section 371 of the general municipal law
8 by section twelve-b of this act shall not affect the expiration of such
9 section and shall be deemed to expire therewith, when upon such date the
10 provisions of section twelve-c of this act shall take effect.
