New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A08368 Summary:

A08368 Actions:

A08368 Floor Votes:

A08368 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8368--B
 
                   IN ASSEMBLY
 
                                     January 9, 2014
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Transportation -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        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 operator to comply with traffic-control indications in the city
          of  Mt.  Vernon;  and providing for the repeal of such provisions upon
          expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of section 235 of the vehicle and traffic
     2  law, as amended by section 1 of chapter 189 of  the  laws  of  2013,  is
     3  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 toll collection regulations as defined in and  in  accord-
    20  ance  with  the  provisions of section two thousand nine hundred eighty-
    21  five of the public authorities law and sections sixteen-a, sixteen-b and
    22  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13339-04-4
        A. 8368--B                          2
 
     1  hundred  fifty,  or to adjudicate liability of owners in accordance with
     2  section eleven hundred eleven-c of this chapter for  violations  of  bus
     3  lane restrictions as defined in subdivision (b), (c), (d), (f) or (g) of
     4  such section, or to adjudicate the liability of owners for violations of

     5  section eleven hundred eighty of this chapter in accordance with section
     6  eleven hundred eighty-b of this chapter, such tribunal and the rules and
     7  regulations  pertaining  thereto  shall  be  constituted  in substantial
     8  conformance with the following sections.
     9    § 1-a. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    10  section  1-a  of  chapter 189 of the laws of 2013, is amended to read as
    11  follows:
    12    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    13  general, special or local law or administrative code to the contrary, in
    14  any city which heretofore or hereafter is  authorized  to  establish  an
    15  administrative  tribunal  to  hear  and  determine complaints of traffic
    16  infractions constituting parking, standing or stopping violations, or to
    17  adjudicate the liability of owners for violations of subdivision (d)  of

    18  section eleven hundred eleven of this chapter in accordance with section
    19  eleven  hundred eleven-a of this chapter, or to adjudicate the liability
    20  of owners for violations of subdivision (d) of  section  eleven  hundred
    21  eleven  of  this  chapter  in  accordance  with  sections eleven hundred
    22  eleven-b of this chapter as added by sections sixteen of chapters  twen-
    23  ty,  twenty-one,  and twenty-two of the laws of two thousand nine, or to
    24  adjudicate the liability of owners for violations of subdivision (d)  of
    25  section eleven hundred eleven of this chapter in accordance with section
    26  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    27  of owners for violations of toll collection regulations  as  defined  in
    28  and  in  accordance  with  the  provisions  of section two thousand nine

    29  hundred  eighty-five  of  the  public  authorities  law   and   sections
    30  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    31  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
    32  owners in accordance with section eleven hundred eleven-c of this  chap-
    33  ter  for violations of bus lane restrictions as defined in such section,
    34  or to adjudicate the liability of owners for violations  of  subdivision
    35  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    36  ter  in accordance with section eleven hundred eighty-b of this chapter,
    37  such tribunal and the rules and regulations pertaining thereto shall  be
    38  constituted in substantial conformance with the following sections.
    39    §  1-b.  Section  235  of  the  vehicle and traffic law, as amended by
    40  section 1-b of chapter 189 of the laws of 2013, is amended  to  read  as
    41  follows:

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

    53  chapter in accordance with section eleven hundred eleven-d of this chap-
    54  ter,  or  to  adjudicate  the liability of owners for violations of toll
    55  collection  regulations  as  defined  in  and  in  accordance  with  the
    56  provisions  of  section  two  thousand  nine  hundred eighty-five of the
        A. 8368--B                          3
 
     1  public authorities law and sections sixteen-a, sixteen-b  and  sixteen-c
     2  of  chapter  seven  hundred seventy-four of the laws of nineteen hundred
     3  fifty, or to adjudicate liability of owners in accordance  with  section
     4  eleven  hundred  eleven-c  of  this  chapter  for violations of bus lane
     5  restrictions as defined in such section, or to adjudicate the  liability
     6  of  owners  for  violations  of subdivision (b), (c), (d), (f) or (g) of

     7  section eleven hundred eighty of this chapter in accordance with section
     8  eleven hundred eighty-b of this chapter, such tribunal and the rules and
     9  regulations pertaining  thereto  shall  be  constituted  in  substantial
    10  conformance with the following sections.
    11    §  1-c.  Section  235  of  the  vehicle and traffic law, as amended by
    12  section 1-c of chapter 189 of the laws of 2013, is amended  to  read  as
    13  follows:
    14    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    15  general, special or local law or administrative code to the contrary, in
    16  any  city  which  heretofore  or hereafter is authorized to establish an
    17  administrative tribunal to hear  and  determine  complaints  of  traffic
    18  infractions constituting parking, standing or stopping violations, or to
    19  adjudicate  the liability of owners for violations of subdivision (d) of

    20  section eleven hundred eleven of this chapter in accordance with section
    21  eleven hundred eleven-d of this chapter, or to adjudicate the  liability
    22  of  owners  for  violations of toll collection regulations as defined in
    23  and in accordance with the  provisions  of  section  two  thousand  nine
    24  hundred   eighty-five   of  the  public  authorities  law  and  sections
    25  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    26  of the laws of nineteen hundred fifty, or  to  adjudicate  liability  of
    27  owners  in accordance with section eleven hundred eleven-c of this chap-
    28  ter for violations of bus lane restrictions as defined in such  section,
    29  or  to  adjudicate the liability of owners for violations of subdivision
    30  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    31  ter in accordance with section eleven hundred eighty-b of this  chapter,

    32  such  tribunal and the rules and regulations pertaining thereto shall be
    33  constituted in substantial conformance with the following sections.
    34    § 1-d. Section 235 of the vehicle  and  traffic  law,  as  amended  by
    35  section  1-d  of  chapter 189 of the laws of 2013, is amended to read as
    36  follows:
    37    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
    38  general, special or local law or administrative code to the contrary, in
    39  any city which heretofore or hereafter is  authorized  to  establish  an
    40  administrative  tribunal  to  hear  and  determine complaints of traffic
    41  infractions constituting parking, standing or stopping violations, or to
    42  adjudicate the liability of owners for violations of subdivision (d)  of
    43  section eleven hundred eleven of this chapter in accordance with section

    44  eleven  hundred eleven-d of this chapter, or to adjudicate the liability
    45  of owners for violations of toll collection regulations  as  defined  in
    46  and  in  accordance  with  the  provisions  of section two thousand nine
    47  hundred  eighty-five  of  the  public  authorities  law   and   sections
    48  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    49  of  the  laws  of  nineteen hundred fifty, or to adjudicate liability of
    50  owners for violations of subdivisions (c)  and  (d)  of  section  eleven
    51  hundred eighty of this chapter in accordance with section eleven hundred
    52  eighty-b  of  this  chapter, such tribunal and the rules and regulations
    53  pertaining thereto shall be constituted in substantial conformance  with
    54  the following sections.
        A. 8368--B                          4
 

     1    §  1-e.  Section  235  of  the  vehicle and traffic law, as separately
     2  amended by chapter 715 of the laws of 1972 and chapter 379 of  the  laws
     3  of 1992, is amended to read as follows:
     4    § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
     5  general, special or local law or administrative code to the contrary, in
     6  any  city  which  heretofore  or hereafter is authorized to establish an
     7  administrative tribunal to hear  and  determine  complaints  of  traffic
     8  infractions constituting parking, standing or stopping violations, or to
     9  adjudicate  the liability of owners for violations of subdivision (d) of
    10  section eleven hundred eleven of this chapter in accordance with section
    11  eleven hundred eleven-d of this chapter, or to adjudicate the  liability

    12  of  owners  for  violations of toll collection regulations as defined in
    13  and in accordance with the  provisions  of  section  two  thousand  nine
    14  hundred   eighty-five   of  the  public  authorities  law  and  sections
    15  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    16  of the laws of nineteen hundred fifty, such tribunal and the  rules  and
    17  regulations  pertaining  thereto  shall  be  constituted  in substantial
    18  conformance with the following sections.
    19    § 2. Subdivision 1 of section 236 of the vehicle and traffic  law,  as
    20  amended  by  section 2 of chapter 189 of the laws of 2013, is amended to
    21  read as follows:
    22    1. Creation. In any city as hereinbefore or hereafter authorized  such
    23  tribunal  when  created  shall be known as the parking violations bureau
    24  and shall have jurisdiction of traffic infractions  which  constitute  a

    25  parking violation and, where authorized by local law adopted pursuant to
    26  subdivision  (a)  of  section eleven hundred eleven-a of this chapter or
    27  subdivisions (a) of sections eleven hundred eleven-b of this chapter  as
    28  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    29  of  the  laws of two thousand nine, or subdivision (a) of section eleven
    30  hundred eleven-d of this chapter,  shall  adjudicate  the  liability  of
    31  owners for violations of subdivision (d) of section eleven hundred elev-
    32  en  of  this  chapter  in  accordance  with  such section eleven hundred
    33  eleven-a [or  such],  sections  eleven  hundred  eleven-b  as  added  by
    34  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    35  laws of two thousand nine, or section eleven hundred eleven-d and  shall

    36  adjudicate  the  liability  of  owners for violations of toll collection
    37  regulations as defined in and  in  accordance  with  the  provisions  of
    38  section  two thousand nine hundred eighty-five of the public authorities
    39  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    40  hundred  seventy-four  of  the  laws of nineteen hundred fifty and shall
    41  adjudicate liability of owners in accordance with section eleven hundred
    42  eleven-c of this chapter for violations  of  bus  lane  restrictions  as
    43  defined in such section and shall adjudicate the liability of owners for
    44  violations  of  subdivision  (b), (c), (d), (f) or (g) of section eleven
    45  hundred eighty of this chapter in accordance with section eleven hundred
    46  eighty-b of this chapter. Such tribunal, except in a city with  a  popu-
    47  lation of one million or more, shall also have jurisdiction of abandoned

    48  vehicle  violations.  For  the  purposes  of  this  article,  a  parking
    49  violation is the violation of any law, rule or regulation providing  for
    50  or  regulating  the parking, stopping or standing of a vehicle. In addi-
    51  tion for purposes of this article, "commissioner" shall mean and include
    52  the commissioner of traffic  of  the  city  or  an  official  possessing
    53  authority as such a commissioner.
    54    § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
    55  amended by section 2-a of chapter 189 of the laws of 2013, is amended to
    56  read as follows:
        A. 8368--B                          5
 
     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  shall  have  jurisdiction of traffic infractions which constitute a

     4  parking violation and, where authorized by local law adopted pursuant to
     5  subdivisions  (a) of sections eleven hundred eleven-b of this chapter as
     6  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
     7  of the laws of two thousand nine, or subdivision (a) of  section  eleven
     8  hundred  eleven-d  of  this  chapter,  shall adjudicate the liability of
     9  owners for violations of subdivision (d) of section eleven hundred elev-
    10  en of this chapter in  accordance  with  such  sections  eleven  hundred
    11  eleven-b  as  added  by sections sixteen of chapters twenty, twenty-one,
    12  and twenty-two of the laws  of  two  thousand  nine  or  section  eleven
    13  hundred eleven-d; and shall adjudicate liability of owners in accordance
    14  with  section  eleven hundred eleven-c of this chapter for violations of

    15  bus lane restrictions as defined in such section  and  shall  adjudicate
    16  liability  of  owners  for  violations  of  subdivisions  (c) and (d) of
    17  section eleven hundred eighty of this chapter in accordance with section
    18  eleven hundred eighty-b of this chapter. For the purposes of this  arti-
    19  cle, a parking violation is the violation of any law, rule or regulation
    20  providing for or regulating the parking, stopping or standing of a vehi-
    21  cle. In addition for purposes of this article, "commissioner" shall mean
    22  and  include  the  commissioner  of  traffic  of the city or an official
    23  possessing authority as such a commissioner.
    24    § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
    25  amended by section 2-b of chapter 189 of the laws of 2013, is amended to
    26  read as follows:
    27    1. Creation. In any city as hereinbefore or hereafter authorized  such

    28  tribunal  when  created  shall be known as the parking violations bureau
    29  and shall have jurisdiction of traffic infractions  which  constitute  a
    30  parking violation and, where authorized by local law adopted pursuant to
    31  subdivision  (a)  of  section  eleven  hundred eleven-d of this chapter,
    32  shall adjudicate liability of owners in accordance with  section  eleven
    33  hundred eleven-c of this chapter for violations of bus lane restrictions
    34  as defined in such section; and shall adjudicate the liability of owners
    35  for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
    36  en  hundred  eighty  of  this  chapter in accordance with section eleven
    37  hundred eighty-b of this chapter. For the purposes of  this  article,  a
    38  parking  violation  is  the  violation  of  any  law, rule or regulation
    39  providing for or regulating the parking, stopping or standing of a vehi-

    40  cle. In addition for purposes of this article, "commissioner" shall mean
    41  and include the commissioner of traffic  of  the  city  or  an  official
    42  possessing authority as such a commissioner.
    43    § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
    44  amended by section 2-c of chapter 189 of the laws of 2013, is amended to
    45  read as follows:
    46    1.  Creation. In any city as hereinbefore or hereafter authorized such
    47  tribunal when created shall be known as the  parking  violations  bureau
    48  and,  where  authorized by local law adopted pursuant to subdivision (a)
    49  of section eleven hundred eleven-d of this chapter, shall have jurisdic-
    50  tion of traffic infractions which constitute  a  parking  violation  and
    51  shall  adjudicate  the liability of owners for violations of subdivision

    52  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    53  ter in accordance with section eleven hundred eighty-b of this  chapter.
    54  For  the  purposes of this article, a parking violation is the violation
    55  of any law, rule or regulation providing for or regulating the  parking,
    56  stopping  or  standing  of  a  vehicle. In addition for purposes of this
        A. 8368--B                          6
 
     1  article, "commissioner" shall mean and include the commissioner of traf-
     2  fic of the city or an official possessing authority as  such  a  commis-
     3  sioner.
     4    § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
     5  added by chapter 715 of the laws of 1972, 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,  where  authorized by local law adopted pursuant to subdivision (a)
     9  of section eleven hundred eleven-d of this chapter, shall have jurisdic-
    10  tion of traffic infractions which constitute a  parking  violation.  For
    11  the  purposes  of  this article, a parking violation is the violation of
    12  any law, rule or regulation providing for  or  regulating  the  parking,
    13  stopping  or  standing  of  a  vehicle. In addition for purposes of this
    14  article, "commissioner" shall mean and include the commissioner of traf-
    15  fic of the city or an official possessing authority as  such  a  commis-
    16  sioner.
    17    § 3. Section 237 of the vehicle and traffic law is amended by adding a
    18  new subdivision 14 to read as follows:
    19    14.  To  adjudicate the liability of owners for violations of subdivi-

    20  sion (d) of section eleven hundred eleven of this chapter in  accordance
    21  with  section  eleven hundred eleven-d of this chapter, if authorized by
    22  local law adopted pursuant to subdivision (a)  of  such  section  eleven
    23  hundred eleven-d.
    24    §  4.  Paragraph  f of subdivision 1 of section 239 of the vehicle and
    25  traffic law, as amended by section 4 of chapter 189 of the laws of 2013,
    26  is amended to read as follows:
    27    f. "Notice of violation" means a notice of  violation  as  defined  in
    28  subdivision  nine  of  section two hundred thirty-seven of this article,
    29  but shall not be deemed to include a notice of liability issued pursuant
    30  to authorization set forth in section eleven hundred  eleven-a  of  this
    31  chapter, or sections eleven hundred eleven-b of this chapter as added by

    32  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    33  laws of two thousand nine, or section eleven hundred  eleven-d  of  this
    34  chapter, and shall not be deemed to include a notice of liability issued
    35  pursuant  to section two thousand nine hundred eighty-five of the public
    36  authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
    37  ter seven hundred seventy-four of the laws of nineteen hundred fifty and
    38  shall not be deemed to include a notice of liability issued pursuant  to
    39  section  eleven hundred eleven-c of this chapter and shall not be deemed
    40  to include a notice of  liability  issued  pursuant  to  section  eleven
    41  hundred eighty-b of this chapter.
    42    §  4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
    43  traffic law, as amended by section 4-a of chapter 189  of  the  laws  of

    44  2013, is amended to read as follows:
    45    f.  "Notice  of  violation"  means a notice of violation as defined in
    46  subdivision nine of section two hundred thirty-seven of this article but
    47  shall not be deemed to include a notice of liability issued pursuant  to
    48  authorization  set  forth  in  sections  eleven hundred eleven-b of this
    49  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    50  twenty-two of the laws of two thousand nine or  section  eleven  hundred
    51  eleven-d  of this chapter and shall not be deemed to include a notice of
    52  liability issued pursuant to section eleven  hundred  eleven-c  of  this
    53  chapter  and shall not be deemed to include a notice of liability issued
    54  pursuant to section eleven hundred eighty-b of this chapter.
        A. 8368--B                          7
 

     1    § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle  and
     2  traffic  law,  as  amended  by section 4-b of chapter 189 of the laws of
     3  2013, is amended to read as follows:
     4    f.  "Notice  of  violation"  means a notice of violation as defined in
     5  subdivision nine of section two hundred thirty-seven of this article and
     6  shall not be deemed to include a notice of liability issued pursuant  to
     7  authorization set forth in section eleven hundred eleven-d of this chap-
     8  ter  and  shall  not  be  deemed to include a notice of liability issued
     9  pursuant to section eleven hundred eleven-c of this  chapter  and  shall
    10  not  be  deemed  to  include  a  notice  of liability issued pursuant to
    11  section eleven hundred eighty-b of this chapter.
    12    § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle  and

    13  traffic  law,  as  amended  by section 4-c of chapter 189 of the laws of
    14  2013, is amended to read as follows:
    15    f. "Notice of violation" means a notice of  violation  as  defined  in
    16  subdivision nine of section two hundred thirty-seven of this article and
    17  shall  not be deemed to include a notice of liability issued pursuant to
    18  authorization set forth in section eleven hundred eleven-d of this chap-
    19  ter and shall not be deemed to include  a  notice  of  liability  issued
    20  pursuant to section eleven hundred eighty-b of this chapter.
    21    §  4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
    22  traffic law, as added by chapter 180 of the laws of 1980, is amended  to
    23  read as follows:
    24    f.  "Notice  of  violation"  means a notice of violation as defined in

    25  subdivision nine of section two hundred thirty-seven of this article and
    26  shall not be deemed to include a notice of liability issued pursuant  to
    27  authorization set forth in section eleven hundred eleven-d of this chap-
    28  ter.
    29    §  5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    30  law, as amended by section 6 of chapter 189 of the  laws  of  2013,  are
    31  amended to read as follows:
    32    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
    33  violation enters a plea of not guilty or a person alleged to  be  liable
    34  in  accordance  with  section eleven hundred eleven-a of this chapter or
    35  sections eleven hundred eleven-b of this chapter as  added  by  sections
    36  sixteen  of  chapters  twenty, twenty-one, and twenty-two of the laws of

    37  two thousand nine or section eleven hundred eleven-d  of  this  chapter,
    38  for  a  violation of subdivision (d) of section eleven hundred eleven of
    39  this chapter contests such allegation, or a person alleged to be  liable
    40  in  accordance  with the provisions of section two thousand nine hundred
    41  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    42  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    43  laws of nineteen hundred fifty, or a person  alleged  to  be  liable  in
    44  accordance  with  the  provisions  of section eleven hundred eleven-c of
    45  this chapter for a violation of a bus lane  restriction  as  defined  in
    46  such  section contests such allegation, or a person alleged to be liable
    47  in accordance with the provisions of section eleven hundred eighty-b  of
    48  this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of

    49  section  eleven hundred eighty of this chapter contests such allegation,
    50  the bureau shall advise such person personally by  such  form  of  first
    51  class  mail  as  the  director may direct of the date on which he or she
    52  must appear to answer the charge at a hearing. The form and  content  of
    53  such  notice  of  hearing shall be prescribed by the director, and shall
    54  contain a warning to advise the person so pleading  or  contesting  that
    55  failure to appear on the date designated, or on any subsequent adjourned
        A. 8368--B                          8
 
     1  date,  shall  be  deemed  an  admission of liability, and that a default
     2  judgment may be entered thereon.
     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-a of  this  chapter  or
     6  sections  eleven  hundred  eleven-b of this chapter as added by sections
     7  sixteen of chapters twenty, twenty-one, and twenty-two of  the  laws  of
     8  two  thousand nine or section eleven hundred eleven-d of this chapter or
     9  an allegation of liability in accordance with section two thousand  nine
    10  hundred eighty-five of the public authorities law or sections sixteen-a,
    11  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    12  laws of nineteen hundred fifty or an allegation of liability in  accord-
    13  ance  with section eleven hundred eleven-c of this chapter or an allega-
    14  tion of liability in accordance with section eleven hundred eighty-b  of
    15  this  chapter, is being contested, by a person in a timely fashion and a
    16  hearing upon the merits has been demanded, but has not  yet  been  held,

    17  the  bureau shall not issue any notice of fine or penalty to that person
    18  prior to the date of the hearing.
    19    § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    20  fic  law,  as amended by section 6-a of chapter 189 of the laws of 2013,
    21  are amended to read as follows:
    22    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    23  violation  enters  a plea of not guilty or a person alleged to be liable
    24  in accordance with sections eleven hundred eleven-b of this  chapter  as
    25  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    26  of  the  laws of two thousand nine or section eleven hundred eleven-d of
    27  this chapter for a  violation  of  subdivision  (d)  of  section  eleven
    28  hundred  eleven  of  this  chapter,  or a person alleged to be liable in

    29  accordance with the provisions of section  eleven  hundred  eleven-c  of
    30  this  chapter  for  a  violation of a bus lane restriction as defined in
    31  such section contests such allegation, or a person alleged to be  liable
    32  in  accordance with the provisions of section eleven hundred eighty-b of
    33  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
    34  section  eleven hundred eighty of this chapter contests such allegation,
    35  the bureau shall advise such person personally by  such  form  of  first
    36  class  mail  as  the  director may direct of the date on which he or she
    37  must appear to answer the charge at a hearing. The form and  content  of
    38  such  notice  of  hearing shall be prescribed by the director, and shall
    39  contain a warning to advise the person so pleading  or  contesting  that
    40  failure to appear on the date designated, or on any subsequent adjourned

    41  date,  shall  be  deemed  an  admission of liability, and that a default
    42  judgment may be entered thereon.
    43    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    44  entered, or the bureau has been notified that an allegation of liability
    45  in  accordance with sections eleven hundred eleven-b of this chapter, as
    46  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
    47  of the laws of two thousand nine[,] or in accordance with section eleven
    48  hundred eleven-d of this  chapter  or  an  allegation  of  liability  in
    49  accordance  with  section  eleven hundred eleven-c of this chapter or an
    50  allegation of liability in accordance with section eleven hundred eight-
    51  y-b of this chapter is being contested, by a person in a timely  fashion
    52  and  a  hearing  upon the merits has been demanded, but has not yet been

    53  held, the bureau shall not issue any notice of fine or penalty  to  that
    54  person prior to the date of the hearing.
        A. 8368--B                          9
 
     1    §  5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
     2  fic law, as amended by section 6-b of chapter 189 of the laws  of  2013,
     3  are amended to read as follows:
     4    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     5  violation enters a plea of not guilty or a person alleged to  be  liable
     6  in accordance with section eleven hundred eleven-d of this chapter or in
     7  accordance  with  the  provisions  of section eleven hundred eleven-c of
     8  this chapter for a violation of a bus lane  restriction  as  defined  in
     9  such section, contests such allegation, or a person alleged to be liable

    10  in  accordance with the provisions of section eleven hundred eighty-b of
    11  this chapter for violations of subdivision (b), (c), (d), (f) or (g)  of
    12  section  eleven hundred eighty of this chapter contests such allegation,
    13  the bureau shall advise such person personally by  such  form  of  first
    14  class  mail  as  the  director may direct of the date on which he or she
    15  must appear to answer the charge at a hearing. The form and  content  of
    16  such  notice  of  hearing shall be prescribed by the director, and shall
    17  contain a warning to advise the  person  so  pleading  that  failure  to
    18  appear  on  the  date  designated,  or on any subsequent adjourned date,
    19  shall be deemed an admission of liability, and that a  default  judgment
    20  may be entered thereon.
    21    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been

    22  entered, or the bureau has been notified that an allegation of liability
    23  in accordance with section eleven hundred eleven-d of this chapter or in
    24  accordance with section eleven hundred eleven-c of this  chapter  or  an
    25  allegation of liability in accordance with section eleven hundred eight-
    26  y-b  of this chapter is being contested, by a person in a timely fashion
    27  and a hearing upon the merits has been demanded, but has  not  yet  been
    28  held,  the  bureau shall not issue any notice of fine or penalty to that
    29  person prior to the date of the hearing.
    30    § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and  traf-
    31  fic  law,  as amended by section 6-c of chapter 189 of the laws of 2013,
    32  are amended to read as follows:
    33    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking

    34  violation  enters a plea of not guilty, or a person alleged to be liable
    35  in accordance with section eleven hundred eleven-d of this chapter, or a
    36  person alleged to be liable in accordance with the provisions of section
    37  eleven hundred eighty-b of this chapter for  violations  of  subdivision
    38  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    39  ter  contests  such  allegation,  the  bureau  shall  advise such person
    40  personally by such form of first class mail as the director  may  direct
    41  of  the  date  on  which he or she must appear to answer the charge at a
    42  hearing. The form and  content  of  such  notice  of  hearing  shall  be
    43  prescribed  by  the  director, and shall contain a warning to advise the
    44  person so pleading that failure to appear on the date designated, or  on
    45  any  subsequent  adjourned date, shall be deemed an admission of liabil-

    46  ity, and that a default judgment may be entered thereon.
    47    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    48  entered, or the bureau has been notified that an allegation of liability
    49  in  accordance  with section eleven hundred eleven-d of this chapter, or
    50  the bureau has been notified that an allegation of liability in  accord-
    51  ance  with  section  eleven  hundred  eighty-b of this chapter, is being
    52  contested, by a person in a timely fashion and a hearing upon the merits
    53  has been demanded, but has not yet been held, the bureau shall not issue
    54  any notice of fine or penalty to that person prior to the  date  of  the
    55  hearing.
        A. 8368--B                         10
 
     1    §  5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-

     2  fic law, subdivision 1 as added by chapter 715 of the laws of  1972  and
     3  subdivision 1-a as added by chapter 365 of the laws of 1978, are amended
     4  to read as follows:
     5    1.  Notice  of  hearing.  Whenever  a  person  charged  with a parking
     6  violation enters a plea of not guilty, or a person alleged to be  liable
     7  in  accordance  with  section  eleven  hundred  eleven-d of this chapter
     8  contests such allegation, the bureau shall advise such person personally
     9  by such form of first class mail as the director may direct of the  date
    10  on  which  he  or she must appear to answer the charge at a hearing. The
    11  form and content of such notice of hearing shall be  prescribed  by  the
    12  director,  and  shall contain a warning to advise the person so pleading
    13  that failure to appear on the date  designated,  or  on  any  subsequent

    14  adjourned  date,  shall  be deemed an admission of liability, and that a
    15  default judgment may be entered thereon.
    16    1-a. Fines and penalties. Whenever a  plea  of  not  guilty  has  been
    17  entered, or the bureau has been notified that an allegation of liability
    18  in  accordance  with section eleven hundred eleven-d of this chapter, is
    19  being contested, by a person in a timely fashion and a hearing upon  the
    20  merits  has  been  demanded, but has not yet been held, the bureau shall
    21  not issue any notice of fine or penalty to that person prior to the date
    22  of the hearing.
    23    § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    24  and traffic law, as amended by section 7 of chapter 189 of the  laws  of
    25  2013, are amended to read as follows:
    26    a. Every hearing for the adjudication of a charge of parking violation

    27  or  an allegation of liability in accordance with section eleven hundred
    28  eleven-a of this chapter or in accordance with sections  eleven  hundred
    29  eleven-b  of this chapter as added by sections sixteen of chapters twen-
    30  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
    31  accordance  with  section  eleven hundred eleven-d of this chapter or an
    32  allegation of liability in accordance with  section  two  thousand  nine
    33  hundred eighty-five of the public authorities law or sections sixteen-a,
    34  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the
    35  laws of nineteen hundred fifty or an allegation of liability in  accord-
    36  ance  with section eleven hundred eleven-c of this chapter or an allega-
    37  tion of liability in accordance with section eleven hundred eighty-b  of
    38  this chapter, shall be held before a hearing examiner in accordance with

    39  rules and regulations promulgated by the bureau.
    40    g. A record shall be made of a hearing on a plea of not guilty or of a
    41  hearing  at  which  liability  in accordance with section eleven hundred
    42  eleven-a of this chapter or 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 is
    46  contested or of a hearing at which liability in accordance with  section
    47  two  thousand  nine hundred eighty-five of the public authorities law or
    48  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    49  seventy-four  of the laws of nineteen hundred fifty is contested or of a
    50  hearing at which liability in accordance  with  section  eleven  hundred

    51  eleven-c  of  this chapter or a hearing at which liability in accordance
    52  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
    53  Recording devices may be used for the making of the record.
    54    § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    55  cle  and  traffic  law,  as amended by section 7-a of chapter 189 of the
    56  laws of 2013, are amended to read as follows:
        A. 8368--B                         11
 
     1    a. Every hearing for the adjudication of a charge of parking violation
     2  or an allegation of liability in accordance with sections eleven hundred
     3  eleven-b of this chapter, as added by sections sixteen of chapters twen-
     4  ty, twenty-one, and twenty-two of the laws of two thousand  nine  or  in
     5  accordance  with  section  eleven hundred eleven-d of this chapter or an

     6  allegation of  liability  in  accordance  with  section  eleven  hundred
     7  eleven-c  of  this  chapter  or an allegation of liability in accordance
     8  with section eleven hundred eighty-b of  this  chapter,  shall  be  held
     9  before  a  hearing  examiner  in  accordance  with rules and regulations
    10  promulgated by the bureau.
    11    g. A record shall be made of a hearing on a plea of not guilty or of a
    12  hearing at which liability in accordance with  sections  eleven  hundred
    13  eleven-b of this chapter, as added by sections sixteen of chapters twen-
    14  ty,  twenty-one,  and  twenty-two of the laws of two thousand nine or in
    15  accordance with section eleven hundred eleven-d of this chapter or of  a
    16  hearing  at  which  liability  in accordance with section eleven hundred
    17  eleven-c of this chapter or a hearing at which liability  in  accordance

    18  with  section  eleven  hundred  eighty-b  of  this chapter is contested.
    19  Recording devices may be used for the making of the record.
    20    § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    21  cle and traffic law, as amended by section 7-b of  chapter  189  of  the
    22  laws of 2013, are amended to read as follows:
    23    a. Every hearing for the adjudication of a charge of parking violation
    24  or  an allegation of liability in accordance with section eleven hundred
    25  eleven-d of this chapter or an allegation  of  liability  in  accordance
    26  with section eleven hundred eleven-c of this chapter or an allegation of
    27  liability  in  accordance  with  section eleven hundred eighty-b of this
    28  chapter shall be held before a hearing examiner in accordance with rules
    29  and regulations promulgated by the bureau.

    30    g. A record shall be made of a hearing on a plea of not guilty or of a
    31  hearing at which liability in accordance  with  section  eleven  hundred
    32  eleven-d  of  this chapter or of a hearing at which liability in accord-
    33  ance with section eleven hundred eleven-c of this chapter or  a  hearing
    34  at which liability in accordance with section eleven hundred eighty-b of
    35  this chapter is contested.  Recording devices may be used for the making
    36  of the record.
    37    § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    38  cle  and  traffic  law,  as amended by section 7-c of chapter 189 of the
    39  laws of 2013, are amended to read as follows:
    40    a. Every hearing for the adjudication of a charge of parking violation
    41  or an allegation of liability in accordance with section eleven  hundred

    42  eleven-d  of  this  chapter  or an allegation of liability in accordance
    43  with section eleven hundred eighty-b  of  this  chapter  shall  be  held
    44  before  a  hearing  examiner  in  accordance  with rules and regulations
    45  promulgated by the bureau.
    46    g. A record shall be made of a hearing on a plea of not guilty or of a
    47  hearing at which liability in accordance  with  section  eleven  hundred
    48  eleven-d  of  this chapter or a hearing at which liability in accordance
    49  with section eleven hundred  eighty-b  of  this  chapter  is  contested.
    50  Recording devices may be used for the making of the record.
    51    § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
    52  cle  and  traffic  law, as added by chapter 715 of the laws of 1972, are
    53  amended to read as follows:

    54    a. Every hearing for the adjudication of a charge of parking violation
    55  or an allegation of liability in accordance with section eleven  hundred
        A. 8368--B                         12
 
     1  eleven-d  of  this  chapter  shall  be held before a hearing examiner in
     2  accordance with rules and regulations promulgated by the bureau.
     3    g.  A  record  shall be made of a hearing on a plea of not guilty or a
     4  hearing at which liability in accordance  with  section  eleven  hundred
     5  eleven-d of this chapter is contested. Recording devices may be used for
     6  the making of the record.
     7    §  7.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
     8  law, as amended by section 8 of chapter 189 of the  laws  of  2013,  are
     9  amended to read as follows:

    10    1.  The  hearing  examiner  shall make a determination on the charges,
    11  either sustaining or dismissing them. Where the hearing examiner  deter-
    12  mines  that the charges have been sustained he or she may examine either
    13  the prior  parking  violations  record  or  the  record  of  liabilities
    14  incurred  in  accordance  with  section  eleven hundred eleven-a of this
    15  chapter or in accordance with sections eleven hundred eleven-b  of  this
    16  chapter as added by sections sixteen of chapters twenty, twenty-one, and
    17  twenty-two  of  the  laws  of  two  thousand  nine or in accordance with
    18  section eleven hundred eleven-d of this chapter or the record of liabil-
    19  ities incurred in accordance with  section  two  thousand  nine  hundred
    20  eighty-five  of  the  public  authorities  law  or  sections  sixteen-a,
    21  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the

    22  laws  of  nineteen hundred fifty of the person charged, or the record of
    23  liabilities incurred in accordance with section eleven hundred  eleven-c
    24  of  this  chapter,  or  the record of liabilities incurred in accordance
    25  with section eleven hundred eighty-b  of  this  chapter,  as  applicable
    26  prior  to rendering a final determination. Final determinations sustain-
    27  ing or dismissing charges shall be entered on a final determination roll
    28  maintained by the bureau  together  with  records  showing  payment  and
    29  nonpayment of penalties.
    30    2.  Where  an operator or owner fails to enter a plea to a charge of a
    31  parking violation or contest an allegation of  liability  in  accordance
    32  with  section  eleven  hundred eleven-a of this chapter or in accordance
    33  with sections eleven hundred  eleven-b  of  this  chapter  as  added  by

    34  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    35  laws of two thousand nine or in accordance with section  eleven  hundred
    36  eleven-d  of this chapter or fails to contest an allegation of liability
    37  in accordance with section two thousand nine hundred eighty-five of  the
    38  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    39  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
    40  fifty, or fails to contest an allegation of liability in accordance with
    41  section eleven hundred eleven-c of this chapter or fails to  contest  an
    42  allegation of liability in accordance with section eleven hundred eight-
    43  y-b  of  this chapter or fails to appear on a designated hearing date or
    44  subsequent adjourned date or fails after a hearing to  comply  with  the
    45  determination of a hearing examiner, as prescribed by this article or by

    46  rule  or  regulation  of  the  bureau, such failure to plead or contest,
    47  appear or comply shall be deemed, for  all  purposes,  an  admission  of
    48  liability  and  shall  be  grounds  for rendering and entering a default
    49  judgment in an amount provided by  the  rules  and  regulations  of  the
    50  bureau.  However,  after  the expiration of the original date prescribed
    51  for entering a plea and before a default judgment may  be  rendered,  in
    52  such  case the bureau shall pursuant to the applicable provisions of law
    53  notify such operator or owner, by such form of first class mail  as  the
    54  commission  may  direct;  (1)  of the violation charged, or liability in
    55  accordance with section eleven hundred eleven-a of this  chapter  or  in
    56  accordance  with  sections  eleven  hundred  eleven-b of this chapter as
        A. 8368--B                         13
 

     1  added by sections sixteen of chapters twenty, twenty-one, and twenty-two
     2  of the laws of two thousand nine or in accordance  with  section  eleven
     3  hundred eleven-d of this chapter alleged or liability in accordance with
     4  section  two thousand nine hundred eighty-five of the public authorities
     5  law or sections sixteen-a, sixteen-b  and  sixteen-c  of  chapter  seven
     6  hundred  seventy-four  of  the laws of nineteen hundred fifty alleged or
     7  liability in accordance with section eleven  hundred  eleven-c  of  this
     8  chapter  or liability in accordance with section eleven hundred eighty-b
     9  of this chapter alleged, (2) of the impending default judgment, (3) that
    10  such judgment will be entered in the Civil Court of the  city  in  which
    11  the bureau has been established, or other court of civil jurisdiction or
    12  any  other  place  provided  for the entry of civil judgments within the

    13  state of New York, and (4) that a default may be avoided by  entering  a
    14  plea or contesting an allegation of liability in accordance with section
    15  eleven  hundred  eleven-a of this chapter or in accordance with sections
    16  eleven hundred eleven-b of this chapter as added by sections sixteen  of
    17  chapters  twenty, twenty-one, and twenty-two of the laws of two thousand
    18  nine or in accordance with section eleven hundred eleven-d of this chap-
    19  ter or contesting an allegation of liability in accordance with  section
    20  two  thousand  nine hundred eighty-five of the public authorities law or
    21  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    22  seventy-four  of  the  laws  of  nineteen hundred fifty or contesting an
    23  allegation of  liability  in  accordance  with  section  eleven  hundred
    24  eleven-c  of  this  chapter  or contesting an allegation of liability in

    25  accordance with section eleven hundred  eighty-b  of  this  chapter,  as
    26  appropriate,  or  making an appearance within thirty days of the sending
    27  of such notice. Pleas entered  and  allegations  contested  within  that
    28  period  shall  be in the manner prescribed in the notice and not subject
    29  to additional penalty or fee. Such notice of impending default  judgment
    30  shall  not  be  required prior to the rendering and entry thereof in the
    31  case of operators or owners who are non-residents of the  state  of  New
    32  York.  In  no  case  shall  a  default  judgment  be  rendered or, where
    33  required, a notice of impending default judgment be sent, more than  two
    34  years after the expiration of the time prescribed for entering a plea or
    35  contesting  an allegation. When a person has demanded a hearing, no fine
    36  or penalty shall be imposed for any reason, prior to the holding of  the

    37  hearing.  If  the  hearing  examiner  shall  make a determination on the
    38  charges, sustaining them, he or she shall impose no greater  penalty  or
    39  fine than those upon which the person was originally charged.
    40    §  7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
    41  law, as amended by section 8-a of chapter 189 of the laws of  2013,  are
    42  amended to read as follows:
    43    1.  The  hearing  examiner  shall make a determination on the charges,
    44  either sustaining or dismissing them. Where the hearing examiner  deter-
    45  mines  that the charges have been sustained he or she may examine either
    46  the prior  parking  violations  record  or  the  record  of  liabilities
    47  incurred  in  accordance  with  sections eleven hundred eleven-b of this
    48  chapter as added by sections sixteen of chapters twenty, twenty-one, and

    49  twenty-two of the laws of  two  thousand  nine  or  in  accordance  with
    50  section  eleven  hundred eleven-d of this chapter of the person charged,
    51  or the record of liabilities incurred in accordance with section  eleven
    52  hundred  eleven-c of this chapter, or the record of liabilities incurred
    53  in accordance with section eleven hundred eighty-b of this  chapter,  as
    54  applicable  prior  to  rendering  a  final determination. Final determi-
    55  nations sustaining or dismissing charges shall be  entered  on  a  final
        A. 8368--B                         14
 
     1  determination  roll maintained by the bureau together with records show-
     2  ing payment and nonpayment of penalties.
     3    2.  Where  an operator or owner fails to enter a plea to a charge of a
     4  parking violation or contest an allegation of  liability  in  accordance

     5  with  sections  eleven  hundred  eleven-b  of  this  chapter as added by
     6  sections sixteen of chapters twenty, twenty-one, and twenty-two  of  the
     7  laws  of  two thousand nine or in accordance with section eleven hundred
     8  eleven-d of this chapter, or fails to contest an allegation of liability
     9  in accordance with section eleven hundred eleven-c of this  chapter,  or
    10  fails  to contest an allegation of liability incurred in accordance with
    11  section eleven hundred eighty-b of this chapter, or fails to appear on a
    12  designated hearing date or subsequent adjourned date or  fails  after  a
    13  hearing  to  comply  with  the  determination  of a hearing examiner, as
    14  prescribed by this article or by rule or regulation of the bureau,  such
    15  failure  to  plead,  contest,  appear or comply shall be deemed, for all
    16  purposes, an admission of liability and shall be grounds  for  rendering

    17  and  entering  a default judgment in an amount provided by the rules and
    18  regulations of the bureau. However, after the expiration of the original
    19  date prescribed for entering a plea and before a default judgment may be
    20  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    21  provisions  of  law notify such operator or owner, by such form of first
    22  class mail as the commission may direct; (1) of the  violation  charged,
    23  or liability in accordance with sections eleven hundred eleven-b of this
    24  chapter,  as  added  by sections sixteen of chapters twenty, twenty-one,
    25  and twenty-two of the laws of two thousand nine or  in  accordance  with
    26  section eleven hundred eleven-d of this chapter, or liability in accord-
    27  ance  with  section eleven hundred eleven-c of this chapter or liability
    28  in accordance with section  eleven  hundred  eighty-b  of  this  chapter

    29  alleged,  (2)  of the impending default judgment, (3) that such judgment
    30  will be entered in the Civil Court of the city in which the  bureau  has
    31  been  established,  or  other  court  of civil jurisdiction or any other
    32  place provided for the entry of civil judgments within the state of  New
    33  York,  and  (4)  that  a  default  may  be avoided by entering a plea or
    34  contesting an allegation of liability in accordance with sections eleven
    35  hundred eleven-b of this chapter as added by sections sixteen  of  chap-
    36  ters twenty, twenty-one, and twenty-two of the laws of two thousand nine
    37  or  in  accordance with section eleven hundred eleven-d of this chapter,
    38  or contesting an allegation of  liability  in  accordance  with  section
    39  eleven  hundred  eleven-c of this chapter or contesting an allegation of
    40  liability in accordance with section eleven  hundred  eighty-b  of  this

    41  chapter  as  appropriate,  or making an appearance within thirty days of
    42  the sending of such notice.  Pleas  entered  and  allegations  contested
    43  within  that  period shall be in the manner prescribed in the notice and
    44  not subject to additional penalty  or  fee.  Such  notice  of  impending
    45  default  judgment shall not be required prior to the rendering and entry
    46  thereof in the case of operators or owners who are non-residents of  the
    47  state  of  New York. In no case shall a default judgment be rendered or,
    48  where required, a notice of impending default  judgment  be  sent,  more
    49  than  two years after the expiration of the time prescribed for entering
    50  a plea or contesting an allegation. When a person has demanded  a  hear-
    51  ing,  no  fine  or penalty shall be imposed for any reason, prior to the
    52  holding of the hearing. If the hearing examiner shall  make  a  determi-

    53  nation on the charges, sustaining them, he or she shall impose no great-
    54  er  penalty  or  fine  than  those  upon which the person was originally
    55  charged.
        A. 8368--B                         15
 
     1    § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and  traffic
     2  law,  as  amended by section 8-b of chapter 189 of the laws of 2013, are
     3  amended to read as follows:
     4    1.  The  hearing  examiner  shall make a determination on the charges,
     5  either sustaining or dismissing them. Where the hearing examiner  deter-
     6  mines  that  the  charges  have been sustained he or she may examine the
     7  prior parking violations record or the record of liabilities incurred in
     8  accordance with section eleven hundred eleven-d of this chapter  of  the
     9  person charged, or the record of liabilities incurred in accordance with

    10  section  eleven  hundred  eleven-c  of  this  chapter,  or the record of
    11  liabilities incurred in accordance with section eleven hundred  eighty-b
    12  of  this  chapter,  as  applicable,  prior to rendering a final determi-
    13  nation. Final determinations sustaining or dismissing charges  shall  be
    14  entered  on a final determination roll maintained by the bureau together
    15  with records showing payment and nonpayment of penalties.
    16    2. Where an operator or owner fails to enter a plea to a charge  of  a
    17  parking  violation  or  contest an allegation of liability in accordance
    18  with section eleven hundred  eleven-d  of  this  chapter,  or  fails  to
    19  contest  an  allegation  of  liability in accordance with section eleven
    20  hundred eleven-c of this chapter, or fails to contest an  allegation  of
    21  liability incurred in accordance with section eleven hundred eighty-b of

    22  this  chapter, or fails to appear on a designated hearing date or subse-
    23  quent adjourned date or fails after a hearing to comply with the  deter-
    24  mination of a hearing examiner, as prescribed by this article or by rule
    25  or  regulation  of  the  bureau, such failure to plead, appear or comply
    26  shall be deemed, for all purposes, an admission of liability  and  shall
    27  be  grounds  for  rendering and entering a default judgment in an amount
    28  provided by the rules and regulations of the bureau. However, after  the
    29  expiration  of  the  original  date  prescribed  for entering a plea and
    30  before a default judgment may be rendered, in such case the bureau shall
    31  pursuant to the applicable provisions of law  notify  such  operator  or
    32  owner,  by  such  form of first class mail as the commission may direct;
    33  (1) of the violation charged, or liability in  accordance  with  section

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

    45  or  contesting  an  allegation  of  liability in accordance with section
    46  eleven hundred eighty-b of this chapter or making an  appearance  within
    47  thirty  days  of  the  sending of such notice. Pleas entered within that
    48  period shall be in the manner prescribed in the notice and  not  subject
    49  to  additional penalty or fee. Such notice of impending default judgment
    50  shall not be required prior to the rendering and entry  thereof  in  the
    51  case  of  operators  or owners who are non-residents of the state of New
    52  York. In no  case  shall  a  default  judgment  be  rendered  or,  where
    53  required,  a notice of impending default judgment be sent, more than two
    54  years after the expiration of the time prescribed for entering  a  plea.
    55  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
    56  imposed for any reason, prior to the holding  of  the  hearing.  If  the

        A. 8368--B                         16
 
     1  hearing  examiner  shall make a determination on the charges, sustaining
     2  them, he or she shall impose no greater penalty or fine than those  upon
     3  which the person was originally charged.
     4    §  7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     5  law, as amended by section 8-c of chapter 189 of the laws of  2013,  are
     6  amended to read as follows:
     7    1.  The  hearing  examiner  shall make a determination on the charges,
     8  either sustaining or dismissing them. Where the hearing examiner  deter-
     9  mines  that the charges have been sustained he or she may examine either
    10  the prior  parking  violations  record  or  the  record  of  liabilities
    11  incurred  in  accordance  with  section  eleven hundred eleven-d of this

    12  chapter of the person charged, or the record of liabilities incurred  in
    13  accordance  with  section  eleven  hundred  eighty-b of this chapter, as
    14  applicable, prior to rendering a  final  determination.  Final  determi-
    15  nations  sustaining  or  dismissing  charges shall be entered on a final
    16  determination roll maintained by the bureau together with records  show-
    17  ing payment and nonpayment of penalties.
    18    2.  Where  an operator or owner fails to enter a plea to a charge of a
    19  parking violation or contest an allegation of  liability  in  accordance
    20  with section eleven hundred eleven-d of this chapter or fails to contest
    21  an  allegation  of  liability incurred in accordance with section eleven
    22  hundred eighty-b of this chapter or fails  to  appear  on  a  designated
    23  hearing  date  or  subsequent adjourned date or fails after a hearing to

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

    36  chapter alleged, (2) of the impending default judgment,  (3)  that  such
    37  judgment  will  be  entered  in the Civil Court of the city in which the
    38  bureau has been established, or other court of civil jurisdiction or any
    39  other place provided for the entry of civil judgments within  the  state
    40  of New York, and (4) that a default may be avoided by entering a plea or
    41  contesting  an allegation of liability in accordance with section eleven
    42  hundred eleven-d of this chapter or contesting an allegation of  liabil-
    43  ity  in  accordance with section eleven hundred eighty-b of this chapter
    44  or making an appearance within  thirty  days  of  the  sending  of  such
    45  notice.    Pleas  entered  within  that  period  shall  be in the manner
    46  prescribed in the notice and not subject to additional penalty  or  fee.
    47  Such notice of impending default judgment shall not be required prior to

    48  the  rendering  and entry thereof in the case of operators or owners who
    49  are non-residents of the state of New York. In no case shall  a  default
    50  judgment  be  rendered or, where required, a notice of impending default
    51  judgment be sent, more than two years after the expiration of  the  time
    52  prescribed for entering a plea. When a person has demanded a hearing, no
    53  fine or penalty shall be imposed for any reason, prior to the holding of
    54  the  hearing.  If the hearing examiner shall make a determination on the
    55  charges, sustaining them, he shall impose no  greater  penalty  or  fine
    56  than those upon which the person was originally charged.
        A. 8368--B                         17
 
     1    §  7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
     2  law, subdivision 1 as added by chapter 715  of  the  laws  of  1972  and

     3  subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
     4  to read as follows:
     5    1.  The  hearing  examiner  shall make a determination on the charges,
     6  either sustaining or dismissing them. Where the hearing examiner  deter-
     7  mines  that the charges have been sustained he or she may examine either
     8  the prior  parking  violations  record  or  the  record  of  liabilities
     9  incurred  in  accordance  with  section  eleven hundred eleven-d of this
    10  chapter of the person charged, as applicable, prior to rendering a final
    11  determination. Final determinations  sustaining  or  dismissing  charges
    12  shall  be entered on a final determination roll maintained by the bureau
    13  together with records showing payment and nonpayment of penalties.
    14    2. Where an operator or owner fails to enter a plea to a charge  of  a

    15  parking  violation  or  contest an allegation of liability in accordance
    16  with section eleven hundred eleven-d of this chapter or fails to  appear
    17  on a designated hearing date or subsequent adjourned date or fails after
    18  a  hearing  to  comply  with the determination of a hearing examiner, as
    19  prescribed by this article or by rule or regulation of the bureau,  such
    20  failure to plead, appear or comply shall be deemed, for all purposes, an
    21  admission of liability and shall be grounds for rendering and entering a
    22  default  judgment  in an amount provided by the rules and regulations of
    23  the  bureau.  However,  after  the  expiration  of  the  original   date
    24  prescribed  for  entering  a  plea  and before a default judgment may be
    25  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    26  provisions  of  law notify such operator or owner, by such form of first

    27  class mail as the commission may direct; (1) of the violation charged or
    28  liability in accordance with section eleven  hundred  eleven-d  of  this
    29  chapter  alleged,  (2)  of the impending default judgment, (3) that such
    30  judgment will be entered in the Civil Court of the  city  in  which  the
    31  bureau has been established, or other court of civil jurisdiction or any
    32  other  place  provided for the entry of civil judgments within the state
    33  of New York, and (4) that a default may be avoided by entering a plea or
    34  contesting an allegation of liability in accordance with section  eleven
    35  hundred  eleven-d  of this chapter or making an appearance within thirty
    36  days of the sending of such notice. Pleas  entered  within  that  period
    37  shall be in the manner prescribed in the notice and not subject to addi-

    38  tional  penalty  or fee. Such notice of impending default judgment shall
    39  not be required prior to the rendering and entry thereof in the case  of
    40  operators  or  owners who are non-residents of the state of New York. In
    41  no case shall a default judgment  be  rendered  or,  where  required,  a
    42  notice  of impending default judgment be sent, more than two years after
    43  the expiration of the time prescribed for entering a plea. When a person
    44  has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
    45  reason,  prior  to  the  holding of the hearing. If the hearing examiner
    46  shall make a determination on the charges,  sustaining  them,  he  shall
    47  impose  no  greater penalty or fine than those upon which the person was
    48  originally charged.
    49    § 8. Subparagraph (i) of paragraph a of subdivision 5-a of section 401

    50  of the vehicle and traffic law, as amended by section 9 of  chapter  189
    51  of the laws of 2013, is amended to read as follows:
    52    (i) If at the time of application for a registration or renewal there-
    53  of  there  is  a  certification from a court, parking violations bureau,
    54  traffic and parking violations  agency  or  administrative  tribunal  of
    55  appropriate  jurisdiction  or  administrative  tribunal  of  appropriate
    56  jurisdiction that the registrant or his or her representative failed  to
        A. 8368--B                         18
 
     1  appear  on the return date or any subsequent adjourned date or failed to
     2  comply with the rules and  regulations  of  an  administrative  tribunal
     3  following  entry  of a final decision in response to a total of three or
     4  more summonses or other process in the aggregate, issued within an eigh-

     5  teen  month  period,  charging  either  that: (i) such motor vehicle was
     6  parked, stopped or standing, or that such motor vehicle was operated for
     7  hire by the registrant or his or her agent without being licensed  as  a
     8  motor  vehicle for hire by the appropriate local authority, in violation
     9  of any of the provisions of this chapter or of any law, ordinance,  rule
    10  or  regulation  made  by  a  local authority; or (ii) the registrant was
    11  liable in accordance with section eleven hundred eleven-a [of this chap-
    12  ter or], section eleven  hundred  eleven-b  or  section  eleven  hundred
    13  eleven-d  of  this chapter for a violation of subdivision (d) of section
    14  eleven hundred eleven of this  chapter;  or  (iii)  the  registrant  was
    15  liable  in accordance with section eleven hundred eleven-c of this chap-

    16  ter for a violation of  a  bus  lane  restriction  as  defined  in  such
    17  section,  or  (iv)  the registrant was liable in accordance with section
    18  eleven hundred eighty-b of this chapter for a violation  of  subdivision
    19  (c) or (d) of section eleven hundred eighty of this chapter, the commis-
    20  sioner or his or her agent shall deny the registration or renewal appli-
    21  cation  until  the  applicant provides proof from the court, traffic and
    22  parking violations agency or administrative tribunal wherein the charges
    23  are pending that an appearance or answer has been made or in the case of
    24  an administrative tribunal that he or she has complied  with  the  rules
    25  and  regulations  of  said tribunal following entry of a final decision.
    26  Where an application is denied pursuant to this section, the commission-
    27  er may, in his or her discretion, deny a registration or renewal  appli-

    28  cation to any other person for the same vehicle and may deny a registra-
    29  tion  or  renewal  application for any other motor vehicle registered in
    30  the name of the applicant where the  commissioner  has  determined  that
    31  such registrant's intent has been to evade the purposes of this subdivi-
    32  sion  and  where the commissioner has reasonable grounds to believe that
    33  such registration or renewal will  have  the  effect  of  defeating  the
    34  purposes of this subdivision. Such denial shall only remain in effect as
    35  long  as  the summonses remain unanswered, or in the case of an adminis-
    36  trative tribunal, the registrant fails to  comply  with  the  rules  and
    37  regulations following entry of a final decision.
    38    §  8-a.   Paragraph a of subdivision 5-a of section 401 of the vehicle
    39  and traffic law, as amended by section 9-a of chapter 189 of the laws of
    40  2013, is amended to read as follows:

    41    a. If at the time of application for a registration or renewal thereof
    42  there is a certification from a  court  or  administrative  tribunal  of
    43  appropriate  jurisdiction  that  the  registrant or his or her represen-
    44  tative failed to appear on the return date or any  subsequent  adjourned
    45  date  or  failed to comply with the rules and regulations of an adminis-
    46  trative tribunal following entry of a final decision in  response  to  a
    47  total  of  three  or  more  summonses or other process in the aggregate,
    48  issued within an eighteen month period, charging either that:  (i)  such
    49  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    50  cle was operated for hire by the registrant or his or her agent  without
    51  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    52  authority, in violation of any of the provisions of this chapter  or  of

    53  any  law,  ordinance,  rule  or regulation made by a local authority; or
    54  (ii) the registrant was liable in accordance with section eleven hundred
    55  eleven-b of this chapter for a violation of subdivision (d)  of  section
    56  eleven  hundred  eleven  of  this  chapter;  or (iii) the registrant was
        A. 8368--B                         19
 
     1  liable in accordance with section eleven hundred eleven-c of this  chap-
     2  ter  for  a  violation  of  a  bus  lane  restriction as defined in such
     3  section; or (iv) the registrant was liable in  accordance  with  section
     4  eleven  hundred  eleven-d of this chapter for a violation of subdivision
     5  (d) of section eleven hundred eleven of this chapter or [(iv)]  (v)  the
     6  registrant was liable in accordance with section eleven hundred eighty-b

     7  of this chapter for a violation of subdivision (b), (c), (d), (f) or (g)
     8  of  section  eleven  hundred eighty of this chapter, the commissioner or
     9  his or her agent shall deny  the  registration  or  renewal  application
    10  until  the  applicant  provides  proof  from the court or administrative
    11  tribunal wherein the charges are pending that an  appearance  or  answer
    12  has  been  made  or in the case of an administrative tribunal that he or
    13  she has complied with the rules and regulations of said tribunal follow-
    14  ing entry of a final decision. Where an application is  denied  pursuant
    15  to  this section, the commissioner may, in his or her discretion, deny a
    16  registration or renewal application to any other  person  for  the  same
    17  vehicle and may deny a registration or renewal application for any other
    18  motor  vehicle registered in the name of the applicant where the commis-

    19  sioner has determined that such registrant's intent has  been  to  evade
    20  the  purposes of this subdivision and where the commissioner has reason-
    21  able grounds to believe that such registration or renewal will have  the
    22  effect  of defeating the purposes of this subdivision. Such denial shall
    23  only remain in effect as long as the summonses remain unanswered, or  in
    24  the  case  of an administrative tribunal, the registrant fails to comply
    25  with the rules and regulations following entry of a final decision.
    26    § 8-b.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    27  and traffic law, as amended by section 9-b of chapter 189 of the laws of
    28  2013, is amended to read as follows:
    29    a. If at the time of application for a registration or renewal thereof
    30  there  is  a  certification  from  a court or administrative tribunal of

    31  appropriate jurisdiction that the registrant or  his  or  her  represen-
    32  tative  failed  to appear on the return date or any subsequent adjourned
    33  date or failed to comply with the rules and regulations of  an  adminis-
    34  trative  tribunal  following  entry  of  a final decision in response to
    35  three or more summonses or other  process,  issued  within  an  eighteen
    36  month  period, charging that: (i) such motor vehicle was parked, stopped
    37  or standing, or that such motor vehicle was operated  for  hire  by  the
    38  registrant or his or her agent without being licensed as a motor vehicle
    39  for  hire by the appropriate local authority, in violation of any of the
    40  provisions of this chapter or of any law, ordinance, rule or  regulation
    41  made  by a local authority; or (ii) the registrant was liable in accord-

    42  ance with  section  eleven  hundred  eleven-c  of  this  chapter  for  a
    43  violation  of  a  bus lane restriction as defined in such section[,]; or
    44  (iii) the registrant  was  liable  in  accordance  with  section  eleven
    45  hundred  eleven-d  of this chapter for a violation of subdivision (d) of
    46  section eleven hundred eleven of this chapter; or  (iv)  the  registrant
    47  was  liable  in  accordance with section eleven hundred eighty-b of this
    48  chapter for a violation of subdivision (b), (c),  (d),  (f)  or  (g)  of
    49  section  eleven  hundred eighty of this chapter, the commissioner or his
    50  or her agent shall deny the registration or  renewal  application  until
    51  the  applicant  provides proof from the court or administrative tribunal
    52  wherein the charges are pending that an appearance or  answer  has  been

    53  made  or  in  the  case of an administrative tribunal that he or she has
    54  complied with the rules and regulations of said tribunal following entry
    55  of a final decision. Where an application is  denied  pursuant  to  this
    56  section,  the  commissioner may, in his or her discretion, deny a regis-
        A. 8368--B                         20
 
     1  tration or renewal application to any other person for the same  vehicle
     2  and  may  deny a registration or renewal application for any other motor
     3  vehicle registered in the name of the applicant where  the  commissioner
     4  has  determined  that  such  registrant's  intent  has been to evade the
     5  purposes of this subdivision and where the commissioner  has  reasonable
     6  grounds  to  believe  that  such  registration  or renewal will have the
     7  effect of defeating the purposes of this subdivision. Such denial  shall

     8  only  remain in effect as long as the summonses remain unanswered, or in
     9  the case of an administrative tribunal, the registrant fails  to  comply
    10  with the rules and regulations following entry of a final decision.
    11    §  8-c.   Paragraph a of subdivision 5-a of section 401 of the vehicle
    12  and traffic law, as amended by section 9-c of chapter 189 of the laws of
    13  2013, is amended to read as follows:
    14    a. If at the time of application for a registration or renewal thereof
    15  there is a certification from a  court  or  administrative  tribunal  of
    16  appropriate  jurisdiction  that  the  registrant  or  his representative
    17  failed to appear on the return date or any subsequent adjourned date  or
    18  failed  to  comply  with  the rules and regulations of an administrative
    19  tribunal following entry of a final decision in  response  to  three  or

    20  more summonses or other process, issued within an eighteen month period,
    21  charging  that:  (i) such motor vehicle was parked, stopped or standing,
    22  or that such motor vehicle was operated for hire by  the  registrant  or
    23  his  agent  without  being  licensed  as a motor vehicle for hire by the
    24  appropriate local authority, in violation of any of  the  provisions  of
    25  this  chapter  or  of  any  law, ordinance, rule or regulation made by a
    26  local authority[,]; or (ii) the registrant was liable in accordance with
    27  section eleven hundred eleven-d of  this  chapter  for  a  violation  of
    28  subdivision  (d)  of  section  eleven hundred eleven of this chapter; or
    29  (iii) the registrant  was  liable  in  accordance  with  section  eleven
    30  hundred eighty-b of this chapter for violations of subdivision (b), (c),

    31  (d),  (f)  or  (g) of section eleven hundred eighty of this chapter, the
    32  commissioner or his agent shall deny the registration or renewal  appli-
    33  cation  until the applicant provides proof from the court or administra-
    34  tive tribunal wherein the charges are  pending  that  an  appearance  or
    35  answer  has  been made or in the case of an administrative tribunal that
    36  he has complied with the rules and regulations of said tribunal  follow-
    37  ing  entry  of a final decision. Where an application is denied pursuant
    38  to this section, the commissioner may, in his discretion, deny a  regis-
    39  tration  or renewal application to any other person for the same vehicle
    40  and may deny a registration or renewal application for any  other  motor
    41  vehicle  registered  in the name of the applicant where the commissioner
    42  has determined that such registrant's  intent  has  been  to  evade  the

    43  purposes  of  this subdivision and where the commissioner has reasonable
    44  grounds to believe that such  registration  or  renewal  will  have  the
    45  effect  of defeating the purposes of this subdivision. Such denial shall
    46  only remain in effect as long as the summonses remain unanswered, or  in
    47  the  case  of an administrative tribunal, the registrant fails to comply
    48  with the rules and regulations following entry of a final decision.
    49    § 8-d.  Paragraph a of subdivision 5-a of section 401 of  the  vehicle
    50  and  traffic  law,  as separately amended by chapters 339 and 592 of the
    51  laws of 1987, is amended to read as follows:
    52    a. If at the time of application for a registration or renewal thereof
    53  there is a certification from a  court  or  administrative  tribunal  of
    54  appropriate  jurisdiction  that  the  registrant  or  his representative

    55  failed to appear on the return date or any subsequent adjourned date  or
    56  failed  to  comply  with  the rules and regulations of an administrative
        A. 8368--B                         21
 
     1  tribunal following entry of a final decision in  response  to  three  or
     2  more summonses or other process, issued within an eighteen month period,
     3  charging  that  such  motor  vehicle was parked, stopped or standing, or
     4  that  such  motor vehicle was operated for hire by the registrant or his
     5  agent without being licensed as a motor vehicle for hire by  the  appro-
     6  priate  local  authority,  in violation of any of the provisions of this
     7  chapter or of any law, ordinance, rule or regulation  made  by  a  local
     8  authority, or the registrant was liable in accordance with section elev-

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

    21  that  such  registrant's  intent  has been to evade the purposes of this
    22  subdivision and where the commissioner has reasonable grounds to believe
    23  that such registration or renewal will have the effect of defeating  the
    24  purposes of this subdivision. Such denial shall only remain in effect as
    25  long  as  the summonses remain unanswered, or in the case of an adminis-
    26  trative tribunal, the registrant fails to  comply  with  the  rules  and
    27  regulations following entry of a final decision.
    28    §  9.  The  vehicle and traffic law is amended by adding a new section
    29  1111-d to read as follows:
    30    § 1111-d. Owner liability for  failure  of  operator  to  comply  with
    31  traffic-control indications. (a) 1.  Notwithstanding any other provision
    32  of  law,  the  city  of Mt. Vernon is hereby authorized and empowered to

    33  adopt and amend a local law or ordinance  establishing  a  demonstration
    34  program  imposing monetary liability on the owner of a vehicle for fail-
    35  ure of an operator thereof to comply with traffic-control indications in
    36  such city in accordance with the provisions of this section. Such demon-
    37  stration program shall empower such city to install and  operate  traff-
    38  ic-control  signal  photo  violation-monitoring  devices at no more than
    39  twelve intersections within such city at any one time.
    40    2. Such demonstration program shall utilize necessary technologies  to
    41  ensure,  to  the  extent  practicable, that photographs produced by such
    42  traffic-control signal  photo  violation-monitoring  systems  shall  not

    43  include images that identify the driver, the passengers, or the contents
    44  of  the  vehicle.  Provided, however, that no notice of liability issued
    45  pursuant to this section shall be dismissed solely because a  photograph
    46  or  photographs  allow for the identification of the contents of a vehi-
    47  cle, provided that such city has made a reasonable effort to comply with
    48  the provisions of this paragraph.
    49    (b) In any such city which has adopted a local law or ordinance pursu-
    50  ant to subdivision (a) of this section, the owner of a vehicle shall  be
    51  liable  for  a  penalty imposed pursuant to this section if such vehicle
    52  was used or operated with  the  permission  of  the  owner,  express  or

    53  implied, in violation of subdivision (d) of section eleven hundred elev-
    54  en  of  this  article,  and  such  violation is evidenced by information
    55  obtained  from  a  traffic-control  signal  photo   violation-monitoring
    56  system;  provided however that no owner of a vehicle shall be liable for
        A. 8368--B                         22
 
     1  a penalty imposed pursuant to this section where the  operator  of  such
     2  vehicle  has  been  convicted of the underlying violation of subdivision
     3  (d) of section eleven hundred eleven of this article.
     4    (c)  For  purposes  of  this  section,  "owner" shall have the meaning
     5  provided in article two-B of this chapter. For purposes of this section,

     6  "traffic-control signal photo violation-monitoring system" shall mean  a
     7  vehicle  sensor  installed to work in conjunction with a traffic-control
     8  signal which automatically produces two or more photographs, two or more
     9  microphotographs, a videotape or other recorded images of  each  vehicle
    10  at  the  time  it is used or operated in violation of subdivision (d) of
    11  section eleven hundred eleven of this article.
    12    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    13  the  city  of  Mt.  Vernon in which the charged violation occurred, or a
    14  facsimile thereof, based upon  inspection  of  photographs,  microphoto-
    15  graphs, videotape or other recorded images produced by a traffic-control

    16  signal  photo violation-monitoring system, shall be prima facie evidence
    17  of the facts contained therein. Any photographs, microphotographs, vide-
    18  otape or other recorded images evidencing  such  a  violation  shall  be
    19  available  for  inspection in any proceeding to adjudicate the liability
    20  for such violation pursuant to a local law or ordinance adopted pursuant
    21  to this section.
    22    (e) An owner liable for a violation  of  subdivision  (d)  of  section
    23  eleven  hundred  eleven of this article pursuant to a local law or ordi-
    24  nance adopted pursuant to this section  shall  be  liable  for  monetary
    25  penalties in accordance with a schedule of fines and penalties to be set
    26  forth  in such local law or ordinance, except that if such city by local

    27  law has authorized the adjudication of such owner liability by a parking
    28  violations bureau, such schedule shall be promulgated  by  such  bureau.
    29  The  liability  of  the  owner pursuant to this section shall not exceed
    30  fifty dollars for each violation; provided, however, that such local law
    31  or ordinance may provide for an additional  penalty  not  in  excess  of
    32  twenty-five  dollars  for each violation for the failure to respond to a
    33  notice of liability within the prescribed time period.
    34    (f) An imposition of liability under a local law or ordinance  adopted
    35  pursuant to this section shall not be deemed a conviction as an operator
    36  and  shall  not  be made part of the operating record of the person upon

    37  whom such liability is imposed  nor  shall  it  be  used  for  insurance
    38  purposes in the provision of motor vehicle insurance coverage.
    39    (g) 1. A notice of liability shall be sent by first class mail to each
    40  person  alleged  to be liable as an owner for a violation of subdivision
    41  (d) of section eleven hundred eleven of this article  pursuant  to  this
    42  section.  Personal delivery on the owner shall not be required. A manual
    43  or automatic record of mailing prepared in the ordinary course of  busi-
    44  ness shall be prima facie evidence of the facts contained therein.
    45    2.  A  notice  of  liability shall contain the name and address of the
    46  person alleged to be liable as an owner for a violation  of  subdivision

    47  (d)  of  section  eleven hundred eleven of this article pursuant to this
    48  section, the  registration  number  of  the  vehicle  involved  in  such
    49  violation,  the  location  where such violation took place, the date and
    50  time of such violation and the identification number of the camera which
    51  recorded the violation or other document locator number.
    52    3. The notice of liability  shall  contain  information  advising  the
    53  person charged of the manner and the time in which he or she may contest
    54  the liability alleged in the notice. Such notice of liability shall also
    55  contain  a warning to advise the persons charged that failure to contest
        A. 8368--B                         23
 

     1  in the manner and time provided shall be deemed an admission of  liabil-
     2  ity and that a default judgment may be entered thereon.
     3    4. The notice of liability shall be prepared and mailed by the city of
     4  Mt.  Vernon,  or  by any other entity authorized by such city to prepare
     5  and mail such notification of violation.
     6    (h) Adjudication of the liability imposed upon owners by this  section
     7  shall  be by a traffic violations bureau established pursuant to section
     8  three hundred seventy of the general municipal law or, if there be none,
     9  by the court having jurisdiction over traffic infractions,  except  that
    10  if  such  city  has  established  an administrative tribunal to hear and
    11  determine complaints of traffic infractions constituting parking, stand-

    12  ing or stopping violations such city may, by local law,  authorize  such
    13  adjudication by such tribunal.
    14    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
    15  section for any time period during which the vehicle was reported to the
    16  police department as having been stolen, it shall be a valid defense  to
    17  an allegation of liability for a violation of subdivision (d) of section
    18  eleven  hundred eleven of this article pursuant to this section that the
    19  vehicle had been reported to the police as stolen prior to the time  the
    20  violation occurred and had not been recovered by such time. For purposes
    21  of asserting the defense provided by this subdivision it shall be suffi-

    22  cient  that  a certified copy of the police report on the stolen vehicle
    23  be sent by first class mail to  the  traffic  violations  bureau,  court
    24  having jurisdiction or parking violations bureau.
    25    (j)  1.  In such city where the adjudication of liability imposed upon
    26  owners pursuant to this section is by a traffic violations bureau  or  a
    27  court  having  jurisdiction,  an  owner  who is a lessor of a vehicle to
    28  which a notice of liability was issued pursuant to  subdivision  (g)  of
    29  this section shall not be liable for the violation of subdivision (d) of
    30  section  eleven  hundred eleven of this article, provided that he or she
    31  sends to the traffic violations bureau or court  having  jurisdiction  a

    32  copy  of the rental, lease or other such contract document covering such
    33  vehicle on the date of the violation, with the name and address  of  the
    34  lessee  clearly legible, within thirty-seven days after receiving notice
    35  from the bureau or court of the date and time of such violation, togeth-
    36  er with the other  information  contained  in  the  original  notice  of
    37  liability. Failure to send such information within such thirty-seven day
    38  time  period shall render the owner liable for the penalty prescribed by
    39  this section. Where the lessor complies  with  the  provisions  of  this
    40  paragraph,  the  lessee  of  such  vehicle on the date of such violation
    41  shall be deemed to be the owner of such vehicle  for  purposes  of  this

    42  section,  shall be subject to liability for the violation of subdivision
    43  (d) of section eleven hundred eleven of this article  pursuant  to  this
    44  section  and shall be sent a notice of liability pursuant to subdivision
    45  (g) of this section.
    46    2. (I) In such city which, by local law, has  authorized  the  adjudi-
    47  cation  of  liability  imposed  upon owners by this section by a parking
    48  violations bureau, an owner who is a lessor of  a  vehicle  to  which  a
    49  notice  of  liability  was  issued  pursuant  to subdivision (g) of this
    50  section shall not be liable for the  violation  of  subdivision  (d)  of
    51  section eleven hundred eleven of this article, provided that:
    52    (A)  prior  to  the violation, the lessor has filed with the bureau in

    53  accordance with the provisions of section  two  hundred  thirty-nine  of
    54  this chapter; and
    55    (B) within thirty-seven days after receiving notice from the bureau of
    56  the  date  and  time of a liability, together with the other information
        A. 8368--B                         24
 
     1  contained in the original notice of liability, the lessor submits to the
     2  bureau the correct name and address of the lessee of the vehicle identi-
     3  fied in the notice of liability at the time of such violation,  together
     4  with such other additional information contained in the rental, lease or
     5  other  contract  document,  as  may be reasonably required by the bureau
     6  pursuant to regulations that may be promulgated for such purpose.

     7    (II) Failure to comply with clause (B) of  subparagraph  (I)  of  this
     8  paragraph  shall  render  the owner liable for the penalty prescribed in
     9  this section.
    10    (III) Where the lessor complies with the provisions of this paragraph,
    11  the lessee of such vehicle on the date of such violation shall be deemed
    12  to be the owner of such vehicle for purposes of this section,  shall  be
    13  subject  to  liability  for  such violation pursuant to this section and
    14  shall be sent a notice of liability pursuant to subdivision (g) of  this
    15  section.
    16    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    17  section eleven hundred eleven of this article pursuant to  this  section

    18  was  not  the  operator of the vehicle at the time of the violation, the
    19  owner may maintain an action for indemnification against the operator.
    20    2. Notwithstanding any other provision of this section, no owner of  a
    21  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    22  section if the operator of such vehicle was operating such vehicle with-
    23  out the consent of the owner at the time such operator failed to obey  a
    24  traffic-control indication. For purposes of this subdivision there shall
    25  be  a  presumption  that the operator of such vehicle was operating such
    26  vehicle with the consent of the owner at the time such  operator  failed
    27  to obey a traffic-control indication.

    28    (l)  Nothing in this section shall be construed to limit the liability
    29  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
    30  section eleven hundred eleven of this article.
    31    (m)  In any such city which adopts a demonstration program pursuant to
    32  subdivision (a) of this section, such city shall submit an annual report
    33  on the results of the use of a traffic-control signal  photo  violation-
    34  monitoring system to the governor, the temporary president of the senate
    35  and  the  speaker  of the assembly on or before June first, two thousand
    36  fifteen and on the same date in each succeeding year in which the demon-
    37  stration program is operable. Such report  shall  include,  but  not  be
    38  limited to:

    39    1.  a  description of the locations where traffic-control signal photo
    40  violation-monitoring systems were used;
    41    2. the aggregate number, type and severity of  accidents  reported  at
    42  intersections  where a traffic-control signal photo violation-monitoring
    43  system is used for the year preceding the installation of  such  system,
    44  to  the  extent the information is maintained by the department of motor
    45  vehicles of this state;
    46    3. the aggregate number, type and severity of  accidents  reported  at
    47  intersections  where a traffic-control signal photo violation-monitoring
    48  system is used, to the extent  the  information  is  maintained  by  the
    49  department of motor vehicles of this state;

    50    4.  the  number  of  violations  recorded at each intersection where a
    51  traffic-control signal photo violation-monitoring system is used and  in
    52  the aggregate on a daily, weekly and monthly basis;
    53    5.  the  total  number  of  notices of liability issued for violations
    54  recorded by such systems;
    55    6. the number of fines and total amount  of  fines  paid  after  first
    56  notice of liability issued for violations recorded by such systems;
        A. 8368--B                         25
 
     1    7.  the  number  of violations adjudicated and results of such adjudi-
     2  cations  including  breakdowns  of  dispositions  made  for   violations
     3  recorded by such systems;

     4    8. the total amount of revenue realized by such city from such adjudi-
     5  cations;
     6    9. expenses incurred by such city in connection with the program; and
     7    10. quality of the adjudication process and its results.
     8    (n) It shall be a defense to any prosecution for a violation of subdi-
     9  vision  (d) of section eleven hundred eleven of this article pursuant to
    10  a local law or ordinance adopted pursuant  to  this  section  that  such
    11  traffic-control  indications  were  malfunctioning  at  the  time of the
    12  alleged violation.
    13    § 10. The opening paragraph and paragraph  (c)  of  subdivision  1  of
    14  section 1809 of the vehicle and traffic law, as amended by section 11 of
    15  chapter 189 of the laws of 2013, are amended to read as follows:

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

    28  with section eleven hundred eleven-c of this chapter for a violation  of
    29  a  bus  lane  restriction  as  defined in such section, or other than an
    30  adjudication of liability of an owner for a violation of subdivision (d)
    31  of section eleven hundred eleven of  this  chapter  in  accordance  with
    32  section  eleven hundred eleven-d of this chapter, or other than an adju-
    33  dication of liability of an owner for a violation  of  subdivision  (b),
    34  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    35  accordance  with  section eleven hundred eighty-b of this chapter, there
    36  shall be levied a crime victim assistance fee and a mandatory surcharge,
    37  in addition to any sentence required or permitted by law, in  accordance
    38  with the following schedule:
    39    (c)  Whenever  proceedings in an administrative tribunal or a court of

    40  this state result in a conviction for  an  offense  under  this  chapter
    41  other than a crime pursuant to section eleven hundred ninety-two of this
    42  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    43  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    44  than  a  traffic  infraction involving standing, stopping, or parking or
    45  violations by pedestrians or bicyclists, or other than  an  adjudication
    46  of  liability  of an owner for a violation of subdivision (d) of section
    47  eleven hundred eleven of this chapter in accordance with section  eleven
    48  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    49  liability of an owner for a violation  of  subdivision  (d)  of  section
    50  eleven  hundred eleven of this chapter in accordance with section eleven
    51  hundred eleven-b of this chapter,  or  other  than  an  adjudication  of

    52  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-d  of this chapter, or other than an infraction pursuant
    55  to article nine of this chapter or other than an adjudication of liabil-
    56  ity of an owner for a violation of toll collection regulations  pursuant
        A. 8368--B                         26
 
     1  to  section two thousand nine hundred eighty-five of the public authori-
     2  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
     3  hundred seventy-four of the laws of nineteen hundred fifty or other than
     4  an  adjudication  in  accordance with section eleven hundred eleven-c of
     5  this chapter for a violation of a bus lane  restriction  as  defined  in

     6  such section, or other than an adjudication of liability of an owner for
     7  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
     8  hundred eighty of this chapter in accordance with section eleven hundred
     9  eighty-b of this chapter, there shall be levied a crime  victim  assist-
    10  ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
    11  addition to any sentence required or permitted by law, in the amount  of
    12  fifty-five dollars.
    13    §  10-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
    14  as amended by section 11-a of chapter  189  of  the  laws  of  2013,  is
    15  amended to read as follows:
    16    1.  Whenever  proceedings  in an administrative tribunal or a court of
    17  this state result in a conviction for a crime under this  chapter  or  a
    18  traffic  infraction  under this chapter, or a local law, ordinance, rule

    19  or regulation adopted pursuant to this chapter,  other  than  a  traffic
    20  infraction involving standing, stopping, parking or motor vehicle equip-
    21  ment  or violations by pedestrians or bicyclists, or other than an adju-
    22  dication of liability of an owner for a violation of subdivision (d)  of
    23  section eleven hundred eleven of this chapter in accordance with section
    24  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    25  of liability of an owner for a violation of subdivision (d)  of  section
    26  eleven  hundred eleven of this chapter in accordance with section eleven
    27  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    28  accordance  with  section  eleven hundred eleven-c of this chapter for a
    29  violation of a bus lane restriction as defined  in  such  section,    or
    30  other  than  an adjudication of liability of an owner for a violation of

    31  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    32  accordance  with  section  eleven  hundred  eleven-d of this chapter, or
    33  other than an adjudication of liability of an owner for a  violation  of
    34  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    35  of this chapter in accordance with section eleven  hundred  eighty-b  of
    36  this  chapter,  there shall be levied a mandatory surcharge, in addition
    37  to any sentence required or permitted by law, in the amount  of  twenty-
    38  five dollars.
    39    §  10-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
    40  as amended by section 11-b of chapter  189  of  the  laws  of  2013,  is
    41  amended to read as follows:
    42    1.  Whenever  proceedings  in an administrative tribunal or a court of
    43  this state result in a conviction for a crime under this  chapter  or  a

    44  traffic  infraction  under  this chapter other than a traffic infraction
    45  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    46  violations  by  pedestrians or bicyclists, or other than an adjudication
    47  in accordance with section eleven hundred eleven-c of this chapter for a
    48  violation of a bus lane restriction as defined in such section, or other
    49  than an adjudication of liability of an owner for a violation of  subdi-
    50  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    51  ance with section eleven hundred eleven-d of this chapter, or other than
    52  an adjudication of liability of an owner for a violation of  subdivision
    53  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    54  ter  in accordance with section eleven hundred eighty-b of this chapter,

    55  there shall be levied a mandatory surcharge, in addition to any sentence
    56  required or permitted by law, in the amount of seventeen dollars.
        A. 8368--B                         27
 
     1    § 10-c. Subdivision 1 of section 1809 of the vehicle and traffic  law,
     2  as  amended  by  section  11-c  of  chapter  189 of the laws of 2013, is
     3  amended to read as follows:
     4    1.  Whenever  proceedings  in an administrative tribunal or a court of
     5  this state result in a conviction for a crime under this  chapter  or  a
     6  traffic  infraction  under  this chapter other than a traffic infraction
     7  involving standing, stopping, parking  or  motor  vehicle  equipment  or
     8  violations  by  pedestrians or bicyclists, or other than an adjudication
     9  of liability of an owner for a violation of subdivision (b),  (c),  (d),

    10  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    11  ance with section eleven hundred eighty-b of this chapter, or other than
    12  an adjudication of liability of an owner for a violation of  subdivision
    13  (d)  of section eleven hundred eleven of this chapter in accordance with
    14  section eleven hundred eleven-d of this chapter, there shall be levied a
    15  mandatory surcharge, in addition to any sentence required  or  permitted
    16  by law, in the amount of seventeen dollars.
    17    § 10-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    18  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    19  of the laws of 1989, is amended to read as follows:
    20    1. Whenever proceedings in an administrative tribunal or  a  court  of
    21  this  state  result  in a conviction for a crime under this chapter or a

    22  traffic infraction under this chapter other than  a  traffic  infraction
    23  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    24  violations by pedestrians or bicyclists, or other than  an  adjudication
    25  of  liability  of an owner for a violation of subdivision (d) of section
    26  eleven hundred eleven of this chapter in accordance with section  eleven
    27  hundred  eleven-d  of  this  chapter,  there shall be levied a mandatory
    28  surcharge, in addition to any sentence required or permitted by law,  in
    29  the amount of seventeen dollars.
    30    §  11.  Paragraph  a of subdivision 1 of section 1809-e of the vehicle
    31  and traffic law, as amended by section 12-a of chapter 189 of  the  laws
    32  of 2013, is amended to read as follows:
    33    a. Notwithstanding any other provision of law, whenever proceedings in

    34  a  court  or  an  administrative  tribunal  of  this  state  result in a
    35  conviction for an offense under this chapter, except a conviction pursu-
    36  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    37  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    38  regulation adopted pursuant to this chapter, except a traffic infraction
    39  involving standing, stopping, or parking or violations by pedestrians or
    40  bicyclists,  and  except  an adjudication of liability of an owner for a
    41  violation of subdivision (d) of section eleven hundred  eleven  of  this
    42  chapter in accordance with section eleven hundred eleven-a of this chap-
    43  ter  or in accordance with section eleven hundred eleven-d of this chap-
    44  ter, and except an adjudication of liability of an owner for a violation
    45  of subdivision (d) of section eleven hundred eleven of this  chapter  in

    46  accordance  with  section  eleven  hundred eleven-b of this chapter, and
    47  except  an  adjudication  in  accordance  with  section  eleven  hundred
    48  eleven-c  of  this  chapter  of a violation of a bus lane restriction as
    49  defined in such section, and [expect] except an adjudication of  liabil-
    50  ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
    51  of  section  eleven  hundred  eighty  of this chapter in accordance with
    52  section eleven hundred eighty-b of this chapter, and except  an  adjudi-
    53  cation of liability of an owner for a violation of toll collection regu-
    54  lations pursuant to section two thousand nine hundred eighty-five of the
    55  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
    56  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred

        A. 8368--B                         28
 
     1  fifty, there shall be levied in addition to  any  sentence,  penalty  or
     2  other surcharge required or permitted by law, an additional surcharge of
     3  twenty-eight dollars.
     4    §  11-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
     5  and traffic law, as amended by section 12-b of chapter 189 of  the  laws
     6  of 2013, is amended 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, and except  an  adjudication  in  accordance  with  section  eleven
    19  hundred  eleven-c  of  this  chapter  of  a  violation  of  a  bus  lane
    20  restriction as defined in such section, and except  an  adjudication  of
    21  liability  of an owner for a violation of subdivision (b), (c), (d), (f)
    22  or (g) of section eleven hundred eighty of this  chapter  in  accordance
    23  with  section  eleven  hundred  eighty-b  of this chapter, and except an
    24  adjudication of liability of an owner for a violation of toll collection

    25  regulations pursuant to section two thousand nine hundred eighty-five of
    26  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
    27  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    28  hundred fifty, there shall be levied in addition to any sentence, penal-
    29  ty or other surcharge  required  or  permitted  by  law,  an  additional
    30  surcharge of twenty-eight dollars.
    31    §  11-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
    32  and traffic law, as amended by section 12-c of chapter 189 of  the  laws
    33  of 2013, is amended to read as follows:
    34    a. Notwithstanding any other provision of law, whenever proceedings in
    35  a  court  or  an  administrative  tribunal  of  this  state  result in a
    36  conviction for an offense under this chapter, except a conviction pursu-
    37  ant to section eleven hundred ninety-two of this chapter, or for a traf-

    38  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    39  regulation adopted pursuant to this chapter, except a traffic infraction
    40  involving standing, stopping, or parking or violations by pedestrians or
    41  bicyclists,  and  except  an adjudication of liability of an owner for a
    42  violation of subdivision (d) of section eleven hundred  eleven  of  this
    43  chapter in accordance with section eleven hundred eleven-a of this chap-
    44  ter  or in accordance with section eleven hundred eleven-d of this chap-
    45  ter, and except an adjudication of liability of an owner for a violation
    46  of subdivision (b), (c), (d), (f)  or  (g)  of  section  eleven  hundred
    47  eighty  of this chapter in accordance with section eleven hundred eight-
    48  y-b of this chapter, and except an adjudication of liability of an owner
    49  for a violation of toll collection regulations pursuant to  section  two

    50  thousand  nine  hundred  eighty-five  of  the  public authorities law or
    51  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    52  seventy-four  of  the  laws  of  nineteen  hundred fifty, there shall be
    53  levied in addition to any sentence, penalty or other surcharge  required
    54  or permitted by law, an additional surcharge of twenty-eight dollars.
        A. 8368--B                         29
 
     1    §  11-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
     2  and traffic law, as amended by section 5 of part C of chapter 55 of  the
     3  laws of 2013, is amended to read as follows:
     4    a. Notwithstanding any other provision of law, whenever proceedings in
     5  a  court  or  an  administrative  tribunal  of  this  state  result in a
     6  conviction for an offense under this chapter, except a conviction pursu-

     7  ant to section eleven hundred ninety-two of this chapter, or for a traf-
     8  fic infraction under this chapter, or a local law,  ordinance,  rule  or
     9  regulation adopted pursuant to this chapter, except a traffic infraction
    10  involving standing, stopping, or parking or violations by pedestrians or
    11  bicyclists,  and  except  an adjudication of liability of an owner for a
    12  violation of subdivision (d) of section eleven hundred  eleven  of  this
    13  chapter in accordance with section eleven hundred eleven-a of this chap-
    14  ter  or in accordance with section eleven hundred eleven-d of this chap-
    15  ter, and except an adjudication of liability of an owner for a violation
    16  of toll collection regulations pursuant to  section  two  thousand  nine
    17  hundred eighty-five of the public authorities law or sections sixteen-a,
    18  sixteen-b  and  sixteen-c  of  chapter seven hundred seventy-four of the

    19  laws of nineteen hundred fifty, there shall be levied in addition to any
    20  sentence, penalty or other surcharge required or permitted  by  law,  an
    21  additional surcharge of twenty-eight dollars.
    22    §  12.  Subdivision  1 of section 371 of the general municipal law, as
    23  separately amended by sections 20 of chapters 20 and 383 of the laws  of
    24  2009, is amended to read as follows:
    25    1.  A  traffic  violations  bureau so established may be authorized to
    26  dispose of violations of traffic laws, ordinances, rules and regulations
    27  when such offenses shall not constitute the traffic infraction known  as
    28  speeding  or a misdemeanor or felony, and, if authorized by local law or
    29  ordinance, to adjudicate the  liability  of  owners  for  violations  of
    30  subdivision  (d)  of  section  eleven  hundred eleven of the vehicle and
    31  traffic law in accordance with section eleven hundred eleven-a  of  such

    32  law  or section eleven hundred eleven-b of such law [as added by section
    33  sixteen of the chapter of the laws of two thousand  nine]  as  added  by
    34  sections  sixteen  of chapters twenty, twenty-one, and twenty-two of the
    35  laws of two thousand nine which amended this [section]  subdivision,  or
    36  section eleven hundred eleven-d of such law.
    37    §  12-a.  Section  371  of  the  general  municipal law, as separately
    38  amended by sections 21 of chapters 20 and 383 of the laws  of  2009,  is
    39  amended to read as follows:
    40    §  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
    41  established may be authorized to dispose of violations of traffic  laws,
    42  ordinances,  rules  and regulations when such offenses shall not consti-

    43  tute the traffic infraction known as speeding or a misdemeanor or  felo-
    44  ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
    45  liability of owners for violations of subdivision (d) of section  eleven
    46  hundred eleven of the vehicle and traffic law in accordance with section
    47  eleven  hundred  eleven-b  of  such  law  as added by [section] sections
    48  sixteen of [the chapter] chapters twenty, twenty-one, and twenty-two  of
    49  the  laws  of  two  thousand  nine which amended this section or section
    50  eleven hundred eleven-d of such law, by permitting a person charged with
    51  an offense within the limitations herein stated,  to  answer,  within  a
    52  specified time, at the traffic violations bureau, either in person or by
    53  written power of attorney in such form as may be prescribed in the ordi-

    54  nance  creating the bureau, by paying a prescribed fine and, in writing,
    55  waiving a hearing in court, pleading guilty to the charge  or  admitting
    56  liability  as  an  owner for the violation of subdivision (d) of section
        A. 8368--B                         30
 
     1  eleven hundred eleven of the vehicle and traffic law, as  the  case  may
     2  be,  and  authorizing  the person in charge of the bureau to make such a
     3  plea or admission and pay such  a  fine  in  court.  Acceptance  of  the
     4  prescribed  fine  and  power  of  attorney by the bureau shall be deemed
     5  complete satisfaction for the violation or of  the  liability,  and  the
     6  violator  or  owner liable for a violation of subdivision (d) of section
     7  eleven hundred eleven of the vehicle and traffic law shall  be  given  a
     8  receipt  which  so  states. If a person charged with a traffic violation

     9  does not answer as hereinbefore prescribed, within  a  designated  time,
    10  the  bureau  shall  cause  a  complaint to be entered against him or her
    11  forthwith and a warrant to be issued for his or her arrest  and  appear-
    12  ance  before  the  court.  Any  person  who  shall have been, within the
    13  preceding twelve months, guilty of a number  of  parking  violations  in
    14  excess  of  such maximum number as may be designated by the court, or of
    15  three or more violations other than parking  violations,  shall  not  be
    16  permitted  to appear and answer to a subsequent violation at the traffic
    17  violations bureau, but must appear in court at a time specified  by  the
    18  bureau.  Such  traffic  violations  bureau  shall  not  be authorized to
    19  deprive a person of his or her right to counsel or to prevent him or her
    20  from exercising his or her right  to  appear  in  court  to  answer  to,

    21  explain,  or  defend any charge of a violation of any traffic law, ordi-
    22  nance, rule or regulation.
    23    § 12-b. Section 371 of the general municipal law, as amended by  chap-
    24  ter 802 of the laws of 1949, is amended to read as follows:
    25    §  371.  Jurisdiction  and  procedure.  A traffic violations bureau so
    26  established may be authorized to dispose of violations of traffic  laws,
    27  ordinances,  rules  and regulations when such offenses shall not consti-
    28  tute the traffic infraction known as speeding or a misdemeanor or  felo-
    29  ny,  and,  if  authorized  by  local law or ordinance, to adjudicate the
    30  liability of owners for violations of subdivision (d) of section  eleven
    31  hundred eleven of the vehicle and traffic law in accordance with section
    32  eleven  hundred eleven-d of the vehicle and traffic law, by permitting a

    33  person charged with an offense within the limitations herein stated,  to
    34  answer,  within  a  specified  time,  at  the traffic violations bureau,
    35  either in person or by written power of attorney in such form as may  be
    36  prescribed  in the ordinance creating the bureau, by paying a prescribed
    37  fine and, in writing, waiving a hearing in court, pleading guilty to the
    38  charge or admitting liability as an owner for the violation of  subdivi-
    39  sion  (d)  of  section  eleven hundred eleven of the vehicle and traffic
    40  law, as the case may be, and authorizing the person  in  charge  of  the
    41  bureau  to  make  such a plea or admission and pay such a fine in court.
    42  Acceptance of the prescribed fine and power of attorney  by  the  bureau
    43  shall  be  deemed  complete  satisfaction  for  the  violation or of the

    44  liability, and the violator or owner liable for a violation of  subdivi-
    45  sion (d) of section eleven hundred eleven of the vehicle and traffic law
    46  shall  be  given  a  receipt which so states. If a person charged with a
    47  traffic violation does not answer as hereinbefore prescribed,  within  a
    48  designated  time,  the  bureau  shall  cause  a  complaint to be entered
    49  against him or her forthwith and a warrant to be issued for his  or  her
    50  arrest  and appearance before the court. Any person who shall have been,
    51  within the preceding twelve  months,  guilty  of  a  number  of  parking
    52  violations  in excess of such maximum number as may be designated by the
    53  court, or of three or more violations  other  than  parking  violations,
    54  shall not be permitted to appear and answer to a subsequent violation at

    55  the traffic violations bureau, but must appear in court at a time speci-
    56  fied  by the bureau. Such traffic violations bureau shall not be author-
        A. 8368--B                         31
 
     1  ized to deprive a person of his or her right to counsel  or  to  prevent
     2  him or her from exercising his or her right to appear in court to answer
     3  to,  explain,  or  defend  any charge of a violation of any traffic law,
     4  ordinance, rule or regulation.
     5    §  13.  Subdivision  2  of  section  87  of the public officers law is
     6  amended by adding a new paragraph (n) to read as follows:
     7    (n) are photographs, microphotographs,  videotape  or  other  recorded
     8  images  prepared  under  authority of section eleven hundred eleven-d of
     9  the vehicle and traffic law.

    10    § 14. The purchase or lease of equipment for a  demonstration  program
    11  established  pursuant  to  section 1111-d of the vehicle and traffic law
    12  shall be subject to the provisions of section 103 of the general munici-
    13  pal law.
    14    § 15. This act shall take effect on the thirtieth day after  it  shall
    15  have  become  a  law  and shall expire 5 years after such effective date
    16  when upon such date the provisions of this act shall be deemed repealed;
    17  and provided further that any rules necessary for the implementation  of
    18  this  act  on  its effective date shall be promulgated on or before such
    19  effective date, provided that:
    20    (a) the amendments to subdivision 1 of section 235 of the vehicle  and
    21  traffic law made by section one of this act shall not affect the expira-
    22  tion  of  such subdivision and shall be deemed to expire therewith, when

    23  upon such date the provisions of section one-a of this  act  shall  take
    24  effect;
    25    (b)  the amendments to section 235 of the vehicle and traffic law made
    26  by section one-a of this act shall not affect  the  expiration  of  such
    27  section and shall be deemed to expire therewith, when upon such date the
    28  provisions of section one-b of this act shall take effect;
    29    (c)  the amendments to section 235 of the vehicle and traffic law made
    30  by section one-b of this act shall not affect  the  expiration  of  such
    31  section and shall be deemed to expire therewith, when upon such date the
    32  provisions of section one-c of this act shall take effect;
    33    (d)  the amendments to section 235 of the vehicle and traffic law made
    34  by section one-c of this act shall not affect  the  expiration  of  such
    35  section and shall be deemed to expire therewith, when upon such date the

    36  provisions of section one-d of this act shall take effect;
    37    (e)  the amendments to section 235 of the vehicle and traffic law made
    38  by section one-d of this act shall not affect  the  expiration  of  such
    39  section and shall be deemed to expire therewith, when upon such date the
    40  provisions of section one-e of this act shall take effect;
    41    (f)  the amendments to subdivision 1 of section 236 of the vehicle and
    42  traffic law made by section two of this act shall not affect the expira-
    43  tion of such subdivision and shall be deemed to expire  therewith,  when
    44  upon  such  date  the provisions of section two-a of this act shall take
    45  effect;
    46    (g) the amendments to subdivision 1 of section 236 of the vehicle  and
    47  traffic law made by section two-a of this act shall not affect the expi-
    48  ration of such subdivision and shall be deemed to expire therewith, when

    49  upon  such  date  the provisions of section two-b of this act shall take
    50  effect;
    51    (h) the amendments to subdivision 1 of section 236 of the vehicle  and
    52  traffic law made by section two-b of this act shall not affect the expi-
    53  ration of such subdivision and shall be deemed to expire therewith, when
    54  upon  such  date  the provisions of section two-c of this act shall take
    55  effect;
        A. 8368--B                         32
 
     1    (i) the amendments to subdivision 1 of section 236 of the vehicle  and
     2  traffic law made by section two-c of this act shall not affect the expi-
     3  ration of such subdivision and shall be deemed to expire therewith, when
     4  upon  such  date  the provisions of section two-d of this act shall take
     5  effect;
     6    (j)  the  amendments to paragraph f of subdivision 1 of section 239 of

     7  the vehicle and traffic law made by section four of this act  shall  not
     8  affect  the  expiration  of such paragraph and shall be deemed to expire
     9  therewith, when upon such date the provisions of section four-a of  this
    10  act shall take effect;
    11    (k)  the  amendments to paragraph f of subdivision 1 of section 239 of
    12  the vehicle and traffic law made by section four-a of this act shall not
    13  affect the expiration of such paragraph and shall be  deemed  to  expire
    14  therewith,  when upon such date the provisions of section four-b of this
    15  act shall take effect;
    16    (l) the amendments to paragraph f of subdivision 1 of section  239  of
    17  the vehicle and traffic law made by section four-b of this act shall not
    18  affect  the  expiration  of such paragraph and shall be deemed to expire
    19  therewith, when upon such date the provisions of section four-c of  this
    20  act shall take effect;

    21    (m)  the  amendments to paragraph f of subdivision 1 of section 239 of
    22  the vehicle and traffic law made by section four-c of this act shall not
    23  affect the expiration of such paragraph and shall be  deemed  to  expire
    24  therewith,  when upon such date the provisions of section four-d of this
    25  act shall take effect;
    26    (n) the amendments to subdivisions 1 and 1-a of  section  240  of  the
    27  vehicle  and  traffic  law  made  by  section five of this act shall not
    28  affect the expiration of such subdivisions and shall be deemed to expire
    29  therewith, when upon such date the provisions of section five-a of  this
    30  act shall take effect;
    31    (o)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    32  vehicle and traffic law made by section five-a of  this  act  shall  not
    33  affect the expiration of such subdivisions and shall be deemed to expire

    34  therewith,  when upon such date the provisions of section five-b of this
    35  act shall take effect;
    36    (p) the amendments to subdivisions 1 and 1-a of  section  240  of  the
    37  vehicle  and  traffic  law  made by section five-b of this act shall not
    38  affect the expiration of such subdivisions and shall be deemed to expire
    39  therewith, when upon such date the provisions of section five-c of  this
    40  act shall take effect;
    41    (q)  the  amendments  to  subdivisions 1 and 1-a of section 240 of the
    42  vehicle and traffic law made by section five-c of  this  act  shall  not
    43  affect the expiration of such subdivisions and shall be deemed to expire
    44  therewith,  when upon such date the provisions of section five-d of this
    45  act shall take effect;
    46    (r) the amendments to paragraphs a and g of subdivision 2  of  section
    47  240 of the vehicle and traffic law made by section six of this act shall

    48  not  affect  the  expiration  of  such paragraphs and shall be deemed to
    49  expire therewith, when upon such date the provisions of section six-a of
    50  this act shall take effect;
    51    (s) the amendments to paragraphs a and g of subdivision 2  of  section
    52  240  of  the  vehicle  and traffic law made by section six-a of this act
    53  shall not affect the expiration of such paragraphs and shall  be  deemed
    54  to expire therewith, when upon such date the provisions of section six-b
    55  of this act shall take effect;
        A. 8368--B                         33
 
     1    (t)  the  amendments to paragraphs a and g of subdivision 2 of section
     2  240 of the vehicle and traffic law made by section  six-b  of  this  act
     3  shall  not  affect the expiration of such paragraphs and shall be deemed
     4  to expire therewith, when upon such date the provisions of section six-c

     5  of this act shall take effect;
     6    (u)  the  amendments to paragraphs a and g of subdivision 2 of section
     7  240 of the vehicle and traffic law made by section  six-c  of  this  act
     8  shall  not  affect the expiration of such paragraphs and shall be deemed
     9  to expire therewith, when upon such date the provisions of section six-d
    10  of this act shall take effect;
    11    (v) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    12  cle and traffic law made by section seven of this act shall  not  affect
    13  the expiration of such subdivisions and shall be deemed to expire there-
    14  with,  when upon such date the provisions of section seven-a of this act
    15  shall take effect;
    16    (w) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    17  cle and traffic law made by section seven-a of this act shall not affect
    18  the expiration of such subdivisions and shall be deemed to expire there-

    19  with, when upon such date the provisions of section seven-b of this  act
    20  shall take effect;
    21    (x) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    22  cle and traffic law made by section seven-b of this act shall not affect
    23  the expiration of such subdivisions and shall be deemed to expire there-
    24  with,  when upon such date the provisions of section seven-c of this act
    25  shall take effect;
    26    (y) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
    27  cle and traffic law made by section seven-c of this act shall not affect
    28  the expiration of such subdivisions and shall be deemed to expire there-
    29  with, when upon such date the provisions of section seven-d of this  act
    30  shall take effect;
    31    (z)  the  amendments to subparagraph (i) of paragraph a of subdivision
    32  5-a of section 401 of the vehicle and traffic law made by section  eight

    33  of  this act shall not affect the expiration of such paragraph and shall
    34  be deemed to expire therewith, when upon such  date  the  provisions  of
    35  section eight-a of this act shall take effect;
    36    (aa)  the  amendments to paragraph a of subdivision 5-a of section 401
    37  of the vehicle and traffic law made by section eight-a of this act shall
    38  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    39  expire  therewith, when upon such date the provisions of section eight-b
    40  of this act shall take effect;
    41    (bb) the amendments to paragraph a of subdivision 5-a of  section  401
    42  of the vehicle and traffic law made by section eight-b of this act shall
    43  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    44  expire therewith, when upon such date the provisions of section  eight-c
    45  of this act shall take effect;

    46    (cc)  the  amendments to paragraph a of subdivision 5-a of section 401
    47  of the vehicle and traffic law made by section eight-c of this act shall
    48  not affect the expiration of such  paragraph  and  shall  be  deemed  to
    49  expire  therewith, when upon such date the provisions of section eight-d
    50  of this act shall take effect;
    51    (dd) the amendments to subdivision 1 of section 1809  of  the  vehicle
    52  and  traffic  law  made  by section ten of this act shall not affect the
    53  expiration of such subdivision and shall be deemed to expire  therewith,
    54  when  upon  such  date the provisions of section ten-a of this act shall
    55  take effect;
        A. 8368--B                         34
 
     1    (ee) the amendments to subdivision 1 of section 1809  of  the  vehicle
     2  and  traffic  law made by section ten-a of this act shall not affect the

     3  expiration of such subdivision and shall be deemed to expire  therewith,
     4  when  upon  such  date the provisions of section ten-b of this act shall
     5  take effect;
     6    (ff)  the  amendments  to subdivision 1 of section 1809 of the vehicle
     7  and traffic law made by section ten-b of this act shall not  affect  the
     8  expiration  of such subdivision and shall be deemed to expire therewith,
     9  when upon such date the provisions of section ten-c of  this  act  shall
    10  take effect;
    11    (gg)  the  amendments  to subdivision 1 of section 1809 of the vehicle
    12  and traffic law made by section ten-c of this act shall not  affect  the
    13  expiration  of such subdivision and shall be deemed to expire therewith,
    14  when upon such date the provisions of section ten-d of  this  act  shall
    15  take effect;
    16    (hh)  the amendments to paragraph a of subdivision 1 of section 1809-e

    17  of the vehicle and traffic law made by section eleven of this act  shall
    18  not  affect  the  expiration  of  such  paragraph and shall be deemed to
    19  expire therewith, when upon such date the provisions of section eleven-a
    20  of this act shall take effect;
    21    (ii) the amendments to paragraph a of subdivision 1 of section  1809-e
    22  of  the  vehicle  and  traffic  law made by section eleven-a of this act
    23  shall not affect the expiration of such paragraph and shall be deemed to
    24  expire therewith, when upon such date the provisions of section eleven-b
    25  of this act shall take effect;
    26    (jj) the amendments to paragraph a of subdivision 1 of section  1809-e
    27  of  the  vehicle  and  traffic  law made by section eleven-b of this act
    28  shall not affect the expiration of such paragraph and shall be deemed to
    29  expire therewith, when upon such date the provisions of section eleven-c

    30  of this act shall take effect;
    31    (kk) the amendments made to subdivision 1 of section 371 of the gener-
    32  al municipal law made by section twelve of this act shall not affect the
    33  expiration of such subdivision and shall be deemed to expire  therewith,
    34  when upon such date the provisions of section twelve-a of this act shall
    35  take effect; and
    36    (ll)  the  amendments made to section 371 of the general municipal law
    37  by section twelve-a of this act shall not affect the expiration of  such
    38  section and shall be deemed to expire therewith, when upon such date the
    39  provisions of section twelve-b of this act shall take effect.