STATE OF NEW YORK
________________________________________________________________________
8832--A
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
___________
Introduced by M. of A. MAGNARELLI, BRONSON, JACOBSON, BURKE, THIELE,
SIMON, MOSLEY, McDONALD, D'URSO, LUPARDO, REYES, BLAKE, COOK, TAYLOR,
GRIFFIN, JEAN-PIERRE, BARRON, DINOWITZ, STECK, BRAUNSTEIN, STIRPE,
CYMBROWITZ, GLICK, CARROLL, WILLIAMS, NIOU, SIMOTAS, EPSTEIN,
L. ROSENTHAL, LAVINE, ORTIZ, McMAHON, GOTTFRIED, RODRIGUEZ, CRUZ,
OTIS, ABINANTI, PERRY, BUTTENSCHON, JAFFEE, SEAWRIGHT, WALLACE --
Multi-Sponsored by -- M. of A. DenDEKKER, ENGLEBRIGHT, GALEF -- read
once and referred to the Committee on Transportation -- recommitted to
the Committee on Transportation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing a demonstration program implementing speed
violation monitoring systems in work zones by means of photo devices;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as separately amended by sections 1 of chapters 145 and 148 of the
3 laws of 2019, is amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09902-04-0
A. 8832--A 2
1 chapter [as added by sections sixteen of chapters twenty, and twenty-two
2 of the laws of two thousand nine,] or to adjudicate the liability of
3 owners for violations of subdivision (d) of section eleven hundred elev-
4 en of this chapter in accordance with section eleven hundred eleven-d of
5 this chapter, or to adjudicate the liability of owners for violations of
6 section eleven hundred seventy-four of this chapter in accordance with
7 section eleven hundred seventy-four-a of this chapter, or to adjudicate
8 the liability of owners for violations of subdivision (d) of section
9 eleven hundred eleven of this chapter in accordance with section eleven
10 hundred eleven-e of this chapter, or to adjudicate the liability of
11 owners for violations of toll collection regulations as defined in and
12 in accordance with the provisions of section two thousand nine hundred
13 eighty-five of the public authorities law and sections sixteen-a,
14 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
15 laws of nineteen hundred fifty, or to adjudicate liability of owners in
16 accordance with section eleven hundred eleven-c of this chapter for
17 violations of bus lane restrictions as defined in subdivision (b), (c),
18 (d), (f) or (g) of such section, or to adjudicate the liability of
19 owners for violations of section eleven hundred eighty of this chapter
20 in accordance with section eleven hundred eighty-b of this chapter, or
21 to adjudicate the liability of owners for violations of section eleven
22 hundred eighty of this chapter in accordance with section eleven hundred
23 eighty-d of this chapter, or to adjudicate the liability of owners for
24 violations of section eleven hundred eighty of this chapter in accord-
25 ance with section eleven hundred eighty-e of this chapter, such tribunal
26 and the rules and regulations pertaining thereto shall be constituted in
27 substantial conformance with the following sections.
28 § 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as
29 amended by section 1 of chapter 145 of the laws of 2019, is amended to
30 read as follows:
31 1. Notwithstanding any inconsistent provision of any general, special
32 or local law or administrative code to the contrary, in any city which
33 heretofore or hereafter is authorized to establish an administrative
34 tribunal to hear and determine complaints of traffic infractions consti-
35 tuting parking, standing or stopping violations, or to adjudicate the
36 liability of owners for violations of subdivision (d) of section eleven
37 hundred eleven of this chapter in accordance with section eleven hundred
38 eleven-a of this chapter, or to adjudicate the liability of owners for
39 violations of subdivision (d) of section eleven hundred eleven of this
40 chapter in accordance with sections eleven hundred eleven-b of this
41 chapter as added by sections sixteen of chapters twenty, and twenty-two
42 of the laws of two thousand nine, or to adjudicate the liability of
43 owners for violations of subdivision (d) of section eleven hundred elev-
44 en of this chapter in accordance with section eleven hundred eleven-d of
45 this chapter, or to adjudicate the liability of owners for violations of
46 section eleven hundred seventy-four of this chapter in accordance with
47 section eleven hundred seventy-four-a of this chapter, or to adjudicate
48 the liability of owners for violations of subdivision (d) of section
49 eleven hundred eleven of this chapter in accordance with section eleven
50 hundred eleven-e of this chapter, or to adjudicate the liability of
51 owners for violations of toll collection regulations as defined in and
52 in accordance with the provisions of section two thousand nine hundred
53 eighty-five of the public authorities law and sections sixteen-a,
54 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
55 laws of nineteen hundred fifty, or to adjudicate liability of owners in
56 accordance with section eleven hundred eleven-c of this chapter for
A. 8832--A 3
1 violations of bus lane restrictions as defined in subdivision (b), (c),
2 (d), (f) or (g) of such section, or to adjudicate the liability of
3 owners for violations of section eleven hundred eighty of this chapter
4 in accordance with section eleven hundred eighty-b of this chapter, or
5 to adjudicate the liability of owners for violations of section eleven
6 hundred eighty of this chapter in accordance with section eleven hundred
7 eighty-e of this chapter, such tribunal and the rules and regulations
8 pertaining thereto shall be constituted in substantial conformance with
9 the following sections.
10 § 1-b. Section 235 of the vehicle and traffic law, as separately
11 amended by sections 1-a of chapters 145 and 148 of the laws of 2019, is
12 amended to read as follows:
13 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
14 general, special or local law or administrative code to the contrary, in
15 any city which heretofore or hereafter is authorized to establish an
16 administrative tribunal to hear and determine complaints of traffic
17 infractions constituting parking, standing or stopping violations, or to
18 adjudicate the liability of owners for violations of subdivision (d) of
19 section eleven hundred eleven of this chapter in accordance with section
20 eleven hundred eleven-a of this chapter, or to adjudicate the liability
21 of owners for violations of subdivision (d) of section eleven hundred
22 eleven of this chapter in accordance with sections eleven hundred
23 eleven-b of this chapter as added by sections sixteen of chapters twen-
24 ty, and twenty-two of the laws of two thousand nine, or to adjudicate
25 the liability of owners for violations of subdivision (d) of section
26 eleven hundred eleven of this chapter in accordance with section eleven
27 hundred eleven-d of this chapter, or to adjudicate the liability of
28 owners for violations of subdivision (d) of section eleven hundred elev-
29 en of this chapter in accordance with section eleven hundred eleven-e of
30 this chapter, or to adjudicate the liability of owners for violations of
31 section eleven hundred seventy-four of this chapter in accordance with
32 section eleven hundred seventy-four-a of this chapter, or to adjudicate
33 the liability of owners for violations of toll collection regulations as
34 defined in and in accordance with the provisions of section two thousand
35 nine hundred eighty-five of the public authorities law and sections
36 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
37 of the laws of nineteen hundred fifty, or to adjudicate liability of
38 owners in accordance with section eleven hundred eleven-c of this chap-
39 ter for violations of bus lane restrictions as defined in such section,
40 or to adjudicate the liability of owners for violations of subdivision
41 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
42 ter in accordance with section eleven hundred eighty-b of this chapter,
43 or to adjudicate the liability of owners for violations of subdivision
44 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
45 ter in accordance with section eleven hundred eighty-d of this chapter,
46 or to adjudicate the liability of owners for violations of subdivision
47 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
48 accordance with section eleven hundred eighty-e of this chapter, such
49 tribunal and the rules and regulations pertaining thereto shall be
50 constituted in substantial conformance with the following sections.
51 § 1-c. Section 235 of the vehicle and traffic law, as separately
52 amended by sections 1-b of chapters 145 and 148 of the laws of 2019, is
53 amended to read as follows:
54 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
55 general, special or local law or administrative code to the contrary, in
56 any city which heretofore or hereafter is authorized to establish an
A. 8832--A 4
1 administrative tribunal to hear and determine complaints of traffic
2 infractions constituting parking, standing or stopping violations, or to
3 adjudicate the liability of owners for violations of subdivision (d) of
4 section eleven hundred eleven of this chapter in accordance with
5 sections eleven hundred eleven-b of this chapter as added by sections
6 sixteen of chapters twenty, and twenty-two of the laws of two thousand
7 nine, or to adjudicate the liability of owners for violations of subdi-
8 vision (d) of section eleven hundred eleven of this chapter in accord-
9 ance with section eleven hundred eleven-d of this chapter, or to adjudi-
10 cate the liability of owners for violations of subdivision (d) of
11 section eleven hundred eleven of this chapter in accordance with section
12 eleven hundred eleven-e of this chapter, or to adjudicate the liability
13 of owners for violations of section eleven hundred seventy-four of this
14 chapter in accordance with section eleven hundred seventy-four-a of this
15 chapter, or to adjudicate the liability of owners for violations of toll
16 collection regulations as defined in and in accordance with the
17 provisions of section two thousand nine hundred eighty-five of the
18 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
19 of chapter seven hundred seventy-four of the laws of nineteen hundred
20 fifty, or to adjudicate liability of owners in accordance with section
21 eleven hundred eleven-c of this chapter for violations of bus lane
22 restrictions as defined in such section, or to adjudicate the liability
23 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
24 section eleven hundred eighty of this chapter in accordance with section
25 eleven hundred eighty-b of this chapter, or to adjudicate the liability
26 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
27 section eleven hundred eighty of this chapter in accordance with section
28 eleven hundred eighty-d of this chapter, or to adjudicate the liability
29 of owners for violations of subdivision (b), (d), (f) or (g) of section
30 eleven hundred eighty of this chapter in accordance with section eleven
31 hundred eighty-e of this chapter, such tribunal and the rules and regu-
32 lations pertaining thereto shall be constituted in substantial conform-
33 ance with the following sections.
34 § 1-d. Section 235 of the vehicle and traffic law, as separately
35 amended by sections 1-c of chapters 145 and 148 of the laws of 2019, is
36 amended to read as 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 subdivision (d) of section eleven hundred
46 eleven of this chapter in accordance with section eleven hundred
47 eleven-e of this chapter, or to adjudicate the liability of owners for
48 violations of section eleven hundred seventy-four of this chapter in
49 accordance with section eleven hundred seventy-four-a of this chapter,
50 or to adjudicate the liability of owners for violations of toll
51 collection regulations as defined in and in accordance with the
52 provisions of section two thousand nine hundred eighty-five of the
53 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
54 of chapter seven hundred seventy-four of the laws of nineteen hundred
55 fifty, or to adjudicate liability of owners in accordance with section
56 eleven hundred eleven-c of this chapter for violations of bus lane
A. 8832--A 5
1 restrictions as defined in such section, or to adjudicate the liability
2 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
3 section eleven hundred eighty of this chapter in accordance with section
4 eleven hundred eighty-b of this chapter, or to adjudicate the liability
5 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
6 section eleven hundred eighty of this chapter in accordance with section
7 eleven hundred eighty-d of this chapter, or to adjudicate the liability
8 of owners for violations of subdivision (b), (d), (f) or (g) of section
9 eleven hundred eighty of this chapter in accordance with section eleven
10 hundred eighty-e of this chapter, such tribunal and the rules and regu-
11 lations pertaining thereto shall be constituted in substantial conform-
12 ance with the following sections.
13 § 1-e. Section 235 of the vehicle and traffic law, as separately
14 amended by sections 1-d of chapters 145 and 148 of the laws of 2019, is
15 amended to read as follows:
16 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
17 general, special or local law or administrative code to the contrary, in
18 any city which heretofore or hereafter is authorized to establish an
19 administrative tribunal to hear and determine complaints of traffic
20 infractions constituting parking, standing or stopping violations, or to
21 adjudicate the liability of owners for violations of subdivision (d) of
22 section eleven hundred eleven of this chapter in accordance with section
23 eleven hundred eleven-d of this chapter, or to adjudicate the liability
24 of owners for violations of subdivision (d) of section eleven hundred
25 eleven of this chapter in accordance with section eleven hundred
26 eleven-e of this chapter, or to adjudicate the liability of owners for
27 violations of section eleven hundred seventy-four of this chapter in
28 accordance with section eleven hundred seventy-four-a of this chapter,
29 or to adjudicate the liability of owners for violations of toll
30 collection regulations as defined in and in accordance with the
31 provisions of section two thousand nine hundred eighty-five of the
32 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
33 of chapter seven hundred seventy-four of the laws of nineteen hundred
34 fifty, or to adjudicate liability of owners for violations of subdivi-
35 sions (c) and (d) of section eleven hundred eighty of this chapter in
36 accordance with section eleven hundred eighty-b of this chapter, or to
37 adjudicate the liability of owners for violations of subdivision (b),
38 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
39 accordance with section eleven hundred eighty-d of this chapter, or to
40 adjudicate the liability of owners for violations of subdivision (b),
41 (d), (f) or (g) of section eleven hundred eighty of this chapter in
42 accordance with section eleven hundred eighty-e of this chapter, such
43 tribunal and the rules and regulations pertaining thereto shall be
44 constituted in substantial conformance with the following sections.
45 § 1-f. Section 235 of the vehicle and traffic law, as separately
46 amended by sections 1-e of chapters 145 and 148 of the laws of 2019, is
47 amended to read as follows:
48 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
49 general, special or local law or administrative code to the contrary, in
50 any city which heretofore or hereafter is authorized to establish an
51 administrative tribunal to hear and determine complaints of traffic
52 infractions constituting parking, standing or stopping violations, or to
53 adjudicate the liability of owners for violations of subdivision (d) of
54 section eleven hundred eleven of this chapter in accordance with section
55 eleven hundred eleven-d of this chapter, or to adjudicate the liability
56 of owners for violations of subdivision (d) of section eleven hundred
A. 8832--A 6
1 eleven of this chapter in accordance with section eleven hundred
2 eleven-e of this chapter, or to adjudicate the liability of owners for
3 violations of section eleven hundred seventy-four of this chapter in
4 accordance with section eleven hundred seventy-four-a of this chapter,
5 or to adjudicate the liability of owners for violations of toll
6 collection regulations as defined in and in accordance with the
7 provisions of section two thousand nine hundred eighty-five of the
8 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
9 of chapter seven hundred seventy-four of the laws of nineteen hundred
10 fifty, or to adjudicate the liability of owners for violations of subdi-
11 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter in accordance with section eleven hundred eighty-d of this
13 chapter, or to adjudicate the liability of owners for violations of
14 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
15 this chapter in accordance with section eleven hundred eighty-e of this
16 chapter, such tribunal and the rules and regulations pertaining thereto
17 shall be constituted in substantial conformance with the following
18 sections.
19 § 1-g. Section 235 of the vehicle and traffic law, as separately
20 amended by sections 1-f of chapters 145 and 148 of the laws of 2019, is
21 amended to read as follows:
22 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
23 general, special or local law or administrative code to the contrary, in
24 any city which heretofore or hereafter is authorized to establish an
25 administrative tribunal to hear and determine complaints of traffic
26 infractions constituting parking, standing or stopping violations, or to
27 adjudicate the liability of owners for violations of subdivision (d) of
28 section eleven hundred eleven of this chapter in accordance with section
29 eleven hundred eleven-e of this chapter, or to adjudicate the liability
30 of owners for violations of section eleven hundred seventy-four of this
31 chapter in accordance with section eleven hundred seventy-four-a of this
32 chapter, or to adjudicate the liability of owners for violations of toll
33 collection regulations as defined in and in accordance with the
34 provisions of section two thousand nine hundred eighty-five of the
35 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
36 of chapter seven hundred seventy-four of the laws of nineteen hundred
37 fifty, or to adjudicate the liability of owners for violations of subdi-
38 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
39 this chapter in accordance with section eleven hundred eighty-d of this
40 chapter, or to adjudicate the liability of owners for violations of
41 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
42 this chapter in accordance with section eleven hundred eighty-e of this
43 chapter, such tribunal and the rules and regulations pertaining thereto
44 shall be constituted in substantial conformance with the following
45 sections.
46 § 1-h. Section 235 of the vehicle and traffic law, as separately
47 amended by sections 1-g of chapters 145 and 148 of the laws of 2019, is
48 amended to read as follows:
49 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
50 general, special or local law or administrative code to the contrary, in
51 any city which heretofore or hereafter is authorized to establish an
52 administrative tribunal to hear and determine complaints of traffic
53 infractions constituting parking, standing or stopping violations, or to
54 adjudicate the liability of owners for violations of section eleven
55 hundred seventy-four of this chapter in accordance with section eleven
56 hundred seventy-four-a of this chapter, or to adjudicate the liability
A. 8832--A 7
1 of owners for violations of toll collection regulations as defined in
2 and in accordance with the provisions of section two thousand nine
3 hundred eighty-five of the public authorities law and sections
4 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
5 of the laws of nineteen hundred fifty, or to adjudicate the liability of
6 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-d of this chapter, or to adjudicate the liability
9 of owners for violations of subdivision (b), (d), (f) or (g) of section
10 eleven hundred eighty of this chapter in accordance with section eleven
11 hundred eighty-e of this chapter, such tribunal and the rules and regu-
12 lations pertaining thereto shall be constituted in substantial conform-
13 ance with the following sections.
14 § 1-i. Section 235 of the vehicle and traffic law, as separately
15 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
16 of 1992, is amended to read as follows:
17 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
18 general, special or local law or administrative code to the contrary, in
19 any city which heretofore or hereafter is authorized to establish an
20 administrative tribunal to hear and determine complaints of traffic
21 infractions constituting parking, standing or stopping violations, or to
22 adjudicate the liability of owners for violations of toll collection
23 regulations as defined in and in accordance with the provisions of
24 section two thousand nine hundred eighty-five of the public authorities
25 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
26 hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
27 dicate the liability of owners for violations of subdivision (b), (d),
28 (f) or (g) of section eleven hundred eighty of this chapter in accord-
29 ance with section eleven hundred eighty-e of this chapter, such tribunal
30 and the rules and regulations pertaining thereto shall be constituted in
31 substantial conformance with the following sections.
32 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
33 separately amended by sections 2 of chapters 145 and 148 of the laws of
34 2019, is amended to read as follows:
35 1. Creation. In any city as hereinbefore or hereafter authorized such
36 tribunal when created shall be known as the parking violations bureau
37 and shall have jurisdiction of traffic infractions which constitute a
38 parking violation and, where authorized by local law adopted pursuant to
39 subdivision (a) of section eleven hundred eleven-a of this chapter or
40 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
41 added by sections sixteen of chapters twenty, and twenty-two of the laws
42 of two thousand nine, or subdivision (a) of section eleven hundred
43 eleven-d of this chapter, or subdivision (a) of section eleven hundred
44 eleven-e of this chapter, or subdivision (a) of section eleven hundred
45 seventy-four-a of this chapter, shall adjudicate the liability of owners
46 for violations of subdivision (d) of section eleven hundred eleven of
47 this chapter in accordance with such section eleven hundred eleven-a,
48 sections eleven hundred eleven-b as added by sections sixteen of chap-
49 ters twenty, and twenty-two of the laws of two thousand nine, or section
50 eleven hundred eleven-d or section eleven hundred eleven-e and shall
51 adjudicate the liability of owners for violations of toll collection
52 regulations as defined in and in accordance with the provisions of
53 section two thousand nine hundred eighty-five of the public authorities
54 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
55 hundred seventy-four of the laws of nineteen hundred fifty and shall
56 adjudicate liability of owners in accordance with section eleven hundred
A. 8832--A 8
1 eleven-c of this chapter for violations of bus lane restrictions as
2 defined in such section and shall adjudicate liability of owners in
3 accordance with section eleven hundred seventy-four-a of this chapter
4 for violations of section eleven hundred seventy-four of this chapter
5 and shall adjudicate the liability of owners for violations of subdivi-
6 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
7 chapter in accordance with section eleven hundred eighty-b of this chap-
8 ter and shall adjudicate the liability of owners for violations of
9 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
10 of this chapter in accordance with section eleven hundred eighty-d of
11 this chapter, and shall adjudicate the liability of owners for
12 violations of subdivision (b), (d), (f) or (g) of section eleven hundred
13 eighty of this chapter in accordance with section eleven hundred eight-
14 y-e of this chapter. Such tribunal, except in a city with a population
15 of one million or more, shall also have jurisdiction of abandoned vehi-
16 cle violations. For the purposes of this article, a parking violation is
17 the violation of any law, rule or regulation providing for or regulating
18 the parking, stopping or standing of a vehicle. In addition for purposes
19 of this article, "commissioner" shall mean and include the commissioner
20 of traffic of the city or an official possessing authority as such a
21 commissioner.
22 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
23 amended by section 2 of chapter 145 of the laws of 2019, is amended to
24 read as follows:
25 1. Creation. In any city as hereinbefore or hereafter authorized such
26 tribunal when created shall be known as the parking violations bureau
27 and shall have jurisdiction of traffic infractions which constitute a
28 parking violation and, where authorized by local law adopted pursuant to
29 subdivision (a) of section eleven hundred eleven-a of this chapter or
30 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
31 added by sections sixteen of chapters twenty, and twenty-two of the laws
32 of two thousand nine, or subdivision (a) of section eleven hundred
33 eleven-d of this chapter, or subdivision (a) of section eleven hundred
34 eleven-e of this chapter, or subdivision (a) of section eleven hundred
35 seventy-four-a of this chapter, shall adjudicate the liability of owners
36 for violations of subdivision (d) of section eleven hundred eleven of
37 this chapter in accordance with such section eleven hundred eleven-a,
38 sections eleven hundred eleven-b as added by sections sixteen of chap-
39 ters twenty, and twenty-two of the laws of two thousand nine, or section
40 eleven hundred eleven-d or section eleven hundred eleven-e and shall
41 adjudicate the liability of owners for violations of toll collection
42 regulations as defined in and in accordance with the provisions of
43 section two thousand nine hundred eighty-five of the public authorities
44 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
45 hundred seventy-four of the laws of nineteen hundred fifty and shall
46 adjudicate liability of owners in accordance with section eleven hundred
47 eleven-c of this chapter for violations of bus lane restrictions as
48 defined in such section and shall adjudicate liability of owners in
49 accordance with section eleven hundred seventy-four-a of this chapter
50 for violations of section eleven hundred seventy-four of this chapter
51 and shall adjudicate the liability of owners for violations of subdivi-
52 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
53 chapter in accordance with section eleven hundred eighty-b of this chap-
54 ter, and shall adjudicate the liability of owners for violations of
55 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
56 this chapter in accordance with section eleven hundred eighty-e of this
A. 8832--A 9
1 chapter. Such tribunal, except in a city with a population of one
2 million or more, shall also have jurisdiction of abandoned vehicle
3 violations. For the purposes of this article, a parking violation is the
4 violation of any law, rule or regulation providing for or regulating the
5 parking, stopping or standing of a vehicle. In addition for purposes of
6 this article, "commissioner" shall mean and include the commissioner of
7 traffic of the city or an official possessing authority as such a
8 commissioner.
9 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
10 separately amended by sections 2-a of chapters 145 and 148 of the laws
11 of 2019, is amended to read as follows:
12 1. Creation. In any city as hereinbefore or hereafter authorized such
13 tribunal when created shall be known as the parking violations bureau
14 and shall have jurisdiction of traffic infractions which constitute a
15 parking violation and, where authorized by local law adopted pursuant to
16 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
17 added by sections sixteen of chapters twenty, and twenty-two of the laws
18 of two thousand nine, or subdivision (a) of section eleven hundred
19 eleven-d of this chapter, or subdivision (a) of section eleven hundred
20 eleven-e of this chapter, or subdivision (a) of section eleven hundred
21 seventy-four-a of this chapter, shall adjudicate the liability of owners
22 for violations of subdivision (d) of section eleven hundred eleven of
23 this chapter in accordance with such sections eleven hundred eleven-b as
24 added by sections sixteen of chapters twenty, and twenty-two of the laws
25 of two thousand nine or section eleven hundred eleven-d or section elev-
26 en hundred eleven-e; and shall adjudicate liability of owners in accord-
27 ance with section eleven hundred eleven-c of this chapter for violations
28 of bus lane restrictions as defined in such section and shall adjudicate
29 liability of owners in accordance with section eleven hundred seventy-
30 four-a of this chapter for violations of section eleven hundred seven-
31 ty-four of this chapter and shall adjudicate liability of owners for
32 violations of subdivisions (c) and (d) of section eleven hundred eighty
33 of this chapter in accordance with section eleven hundred eighty-b of
34 this chapter and shall adjudicate the liability of owners for violations
35 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
36 eighty of this chapter in accordance with section eleven hundred eight-
37 y-d of this chapter, shall adjudicate the liability of owners for
38 violations of subdivision (b), (d), (f) or (g) of section eleven hundred
39 eighty of this chapter in accordance with section eleven hundred eight-
40 y-e of this chapter. For the purposes of this article, a parking
41 violation is the violation of any law, rule or regulation providing for
42 or regulating the parking, stopping or standing of a vehicle. In addi-
43 tion for purposes of this article, "commissioner" shall mean and include
44 the commissioner of traffic of the city or an official possessing
45 authority as such a commissioner.
46 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
47 separately amended by sections 2-b of chapters 145 and 148 of the laws
48 of 2019, is amended to read as follows:
49 1. Creation. In any city as hereinbefore or hereafter authorized such
50 tribunal when created shall be known as the parking violations bureau
51 and shall have jurisdiction of traffic infractions which constitute a
52 parking violation and, where authorized by local law adopted pursuant to
53 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
54 section eleven hundred eleven-e of this chapter, or subdivision (a) of
55 section eleven hundred seventy-four-a of this chapter, shall adjudicate
56 liability of owners in accordance with section eleven hundred eleven-c
A. 8832--A 10
1 of this chapter for violations of bus lane restrictions as defined in
2 such section; and shall adjudicate the liability of owners for
3 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
4 hundred eighty of this chapter in accordance with section eleven hundred
5 eighty-b of this chapter; and shall adjudicate the liability of owners
6 for violations of subdivision (b), (d), (f) or (g) of section eleven
7 hundred eighty of this chapter in accordance with section eleven hundred
8 eighty-d of this chapter, and shall adjudicate the liability of owners
9 for violations of subdivision (b), (d), (f) or (g) of section eleven
10 hundred eighty of this chapter in accordance with section eleven hundred
11 eighty-e of this chapter. For the purposes of this article, a parking
12 violation is the violation of any law, rule or regulation providing for
13 or regulating the parking, stopping or standing of a vehicle. In addi-
14 tion for purposes of this article, "commissioner" shall mean and include
15 the commissioner of traffic of the city or an official possessing
16 authority as such a commissioner.
17 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
18 separately amended by sections 2-c of chapters 145 and 148 of the laws
19 of 2019, is amended to read as follows:
20 1. Creation. In any city as hereinbefore or hereafter authorized such
21 tribunal when created shall be known as the parking violations bureau
22 and, where authorized by local law adopted pursuant to subdivision (a)
23 of section eleven hundred eleven-d of this chapter or subdivision (a) of
24 section eleven hundred eleven-e of this chapter, or subdivision (a) of
25 section eleven hundred seventy-four-a of this chapter, shall have juris-
26 diction of traffic infractions which constitute a parking violation and
27 shall adjudicate the liability of owners for violations of subdivision
28 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
29 ter in accordance with section eleven hundred eighty-b of this chapter
30 and shall adjudicate the liability of owners for violations of subdivi-
31 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
32 chapter in accordance with section eleven hundred eighty-d of this chap-
33 ter, and shall adjudicate the liability of owners for violations of
34 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
35 this chapter in accordance with section eleven hundred eighty-e of this
36 chapter. For the purposes of this article, a parking violation is the
37 violation of any law, rule or regulation providing for or regulating the
38 parking, stopping or standing of a vehicle. In addition for purposes of
39 this article, "commissioner" shall mean and include the commissioner of
40 traffic of the city or an official possessing authority as such a
41 commissioner.
42 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
43 separately amended by sections 2-d of chapters 145 and 148 of the laws
44 of 2019, is amended to read as follows:
45 1. Creation. In any city as hereinbefore or hereafter authorized such
46 tribunal when created shall be known as the parking violations bureau
47 and, where authorized by local law adopted pursuant to subdivision (a)
48 of section eleven hundred eleven-d of this chapter or subdivision (a) of
49 section eleven hundred eleven-e of this chapter, or subdivision (a) of
50 section eleven hundred seventy-four-a of this chapter, shall have juris-
51 diction of traffic infractions which constitute a parking violation and
52 shall adjudicate the liability of owners for violations 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-d of this chapter,
55 and shall adjudicate the liability of owners for violations of subdivi-
56 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
A. 8832--A 11
1 ter in accordance with section eleven hundred eighty-e of this chapter.
2 For the purposes of this article, a parking violation is the violation
3 of any law, rule or regulation providing for or regulating the parking,
4 stopping or standing of a vehicle. In addition for purposes of this
5 article, "commissioner" shall mean and include the commissioner of traf-
6 fic of the city or an official possessing authority as such a commis-
7 sioner.
8 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
9 separately amended by sections 2-e of chapters 145 and 148 of the laws
10 of 2019, is amended to read as follows:
11 1. Creation. In any city as hereinbefore or hereafter authorized such
12 tribunal when created shall be known as the parking violations bureau
13 and where authorized by local law adopted pursuant to subdivision (a) of
14 section eleven hundred eleven-e or subdivision (a) of section eleven
15 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
16 fic infractions which constitute a parking violation and shall adjudi-
17 cate the liability of owners for violations of subdivision (b), (c),
18 (d), (f) or (g) of section eleven hundred eighty of this chapter in
19 accordance with section eleven hundred eighty-d of this chapter, and
20 shall adjudicate the liability of owners for violations of subdivision
21 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
22 accordance with section eleven hundred eighty-e of this chapter. For
23 the purposes of this article, a parking violation is the violation of
24 any law, rule or regulation providing for or regulating the parking,
25 stopping or standing of a vehicle. In addition for purposes of this
26 article, "commissioner" shall mean and include the commissioner of traf-
27 fic of the city or an official possessing authority as such a commis-
28 sioner.
29 § 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as
30 separately amended by sections 2-f of chapters 145 and 148 of the laws
31 of 2019, is amended to read as follows:
32 1. Creation. In any city as hereinbefore or hereafter authorized such
33 tribunal when created shall be known as the parking violations bureau
34 and where authorized by local law adopted pursuant to subdivision (a) of
35 section eleven hundred seventy-four-a of this chapter, shall have juris-
36 diction of traffic infractions which constitute a parking violation and
37 shall adjudicate the liability of owners for violations of subdivision
38 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
39 ter in accordance with section eleven hundred eighty-d of this chapter,
40 and shall adjudicate the liability of owners for violations of subdivi-
41 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
42 ter in accordance with section eleven hundred eighty-e of this chapter.
43 For the purposes of this article, a parking violation is the violation
44 of any law, rule or regulation providing for or regulating the parking,
45 stopping or standing of a vehicle. In addition for purposes of this
46 article, "commissioner" shall mean and include the commissioner of traf-
47 fic of the city or an official possessing authority as such a commis-
48 sioner.
49 § 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as
50 added by chapter 715 of the laws of 1972, is amended to read as follows:
51 1. Creation. In any city as hereinbefore or hereafter authorized such
52 tribunal when created shall be known as the parking violations bureau
53 and shall have jurisdiction of traffic infractions which constitute a
54 parking violation and, where authorized by local law adopted pursuant to
55 section eleven hundred eighty-e of this chapter, shall adjudicate the
56 liability of owners for violations of subdivision (b), (d), (f) or (g)
A. 8832--A 12
1 of section eleven hundred eighty of this chapter in accordance with
2 section eleven hundred eighty-e of this chapter. For the purposes of
3 this article, a parking violation is the violation of any law, rule or
4 regulation providing for or regulating the parking, stopping or standing
5 of a vehicle. In addition for purposes of this article, "commissioner"
6 shall mean and include the commissioner of traffic of the city or an
7 official possessing authority as such a commissioner.
8 § 3. Section 237 of the vehicle and traffic law is amended by adding a
9 new subdivision 17 to read as follows:
10 17. To adjudicate the liability of owners for violations of subdivi-
11 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
12 ter in accordance with section eleven hundred eighty-e of this chapter.
13 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as separately amended by sections 4 of chapters 145 and 148
15 of the laws of 2019, is amended to read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article,
18 but shall not be deemed to include a notice of liability issued pursuant
19 to authorization set forth in section eleven hundred eleven-a of this
20 chapter, or sections eleven hundred eleven-b of this chapter as added by
21 sections sixteen of chapters twenty, and twenty-two of the laws of two
22 thousand nine, or section eleven hundred eleven-d of this chapter, or
23 section eleven hundred eleven-e of this chapter, or section eleven
24 hundred seventy-four-a of this chapter, and shall not be deemed to
25 include a notice of liability issued pursuant to section two thousand
26 nine hundred eighty-five of the public authorities law and sections
27 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
28 of the laws of nineteen hundred fifty and shall not be deemed to include
29 a notice of liability issued pursuant to section eleven hundred eleven-c
30 of this chapter and shall not be deemed to include a notice of liability
31 issued pursuant to section eleven hundred eighty-b of this chapter and
32 shall not be deemed to include a notice of liability issued pursuant to
33 section eleven hundred eighty-d of this chapter and shall not be deemed
34 to include a notice of liability issued pursuant to section eleven
35 hundred eighty-e of this chapter.
36 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
37 traffic law, as amended by section 4 of chapter 145 of the laws of 2019,
38 is amended to read as follows:
39 f. "Notice of violation" means a notice of violation as defined in
40 subdivision nine of section two hundred thirty-seven of this article,
41 but shall not be deemed to include a notice of liability issued pursuant
42 to authorization set forth in section eleven hundred eleven-a of this
43 chapter, or sections eleven hundred eleven-b of this chapter as added by
44 sections sixteen of chapters twenty, and twenty-two of the laws of two
45 thousand nine, or section eleven hundred eleven-d of this chapter, or
46 section eleven hundred eleven-e of this chapter, or section eleven
47 hundred seventy-four-a of this chapter, and shall not be deemed to
48 include a notice of liability issued pursuant to section two thousand
49 nine hundred eighty-five of the public authorities law and sections
50 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
51 of the laws of nineteen hundred fifty and shall not be deemed to include
52 a notice of liability issued pursuant to section eleven hundred eleven-c
53 of this chapter and shall not be deemed to include a notice of liability
54 issued pursuant to section eleven hundred eighty-b of this chapter, and
55 shall not be deemed to include a notice of liability issued pursuant to
56 section eleven hundred eighty-e of this chapter.
A. 8832--A 13
1 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
2 traffic law, as separately amended by sections 4-a of chapters 145 and
3 148 of the laws of 2019, 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 but
6 shall not be deemed to include a notice of liability issued pursuant to
7 authorization set forth in sections eleven hundred eleven-b of this
8 chapter as added by sections sixteen of chapters twenty, and twenty-two
9 of the laws of two thousand nine, or section eleven hundred eleven-d of
10 this chapter, or section eleven hundred eleven-e of this chapter or
11 section eleven hundred seventy-four-a of this chapter and shall not be
12 deemed to include a notice of liability issued pursuant to section elev-
13 en hundred eleven-c of this chapter and shall not be deemed to include a
14 notice of liability issued pursuant to section eleven hundred eighty-b
15 of this chapter and shall not be deemed to include a notice of liability
16 issued pursuant to section eleven hundred eighty-d of this chapter, and
17 shall not be deemed to include a notice of liability issued pursuant to
18 section eleven hundred eighty-e of this chapter.
19 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
20 traffic law, as separately amended by sections 4-b of chapters 145 and
21 148 of the laws of 2019, is amended to read as follows:
22 f. "Notice of violation" means a notice of violation as defined in
23 subdivision nine of section two hundred thirty-seven of this article and
24 shall not be deemed to include a notice of liability issued pursuant to
25 authorization set forth in section eleven hundred eleven-d of this chap-
26 ter or to a notice of liability issued pursuant to authorization set
27 forth in section eleven hundred eleven-e of this chapter or to a notice
28 of liability issued pursuant to authorization set forth in section elev-
29 en hundred seventy-four-a of this chapter and shall not be deemed to
30 include a notice of liability issued pursuant to section eleven hundred
31 eleven-c of this chapter and shall not be deemed to include a notice of
32 liability issued pursuant to section eleven hundred eighty-b of this
33 chapter and shall not be deemed to include a notice of liability issued
34 pursuant to section eleven hundred eighty-d of this chapter, and shall
35 not be deemed to include a notice of liability issued pursuant to
36 section eleven hundred eighty-e of this chapter.
37 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as separately amended by sections 4-c of chapters 145 and
39 148 of the laws of 2019, is amended to read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article and
42 shall not be deemed to include a notice of liability issued pursuant to
43 authorization set forth in section eleven hundred eleven-d of this chap-
44 ter or to a notice of liability issued pursuant to authorization set
45 forth in section eleven hundred eleven-e of this chapter or to a notice
46 of liability issued pursuant to authorization set forth in section elev-
47 en hundred seventy-four-a of this chapter and shall not be deemed to
48 include a notice of liability issued pursuant to section eleven hundred
49 eighty-b of this chapter and shall not be deemed to include a notice of
50 liability issued pursuant to section eleven hundred eighty-d of this
51 chapter, and shall not be deemed to include a notice of liability issued
52 pursuant to section eleven hundred eighty-e of this chapter.
53 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
54 traffic law, as separately amended by sections 4-d of chapters 145 and
55 148 of the laws of 2019, is amended to read as follows:
A. 8832--A 14
1 f. "Notice of violation" means a notice of violation as defined in
2 subdivision nine of section two hundred thirty-seven of this article and
3 shall not be deemed to include a notice of liability issued pursuant to
4 authorization set forth in section eleven hundred eleven-d of this chap-
5 ter or to a notice of liability issued pursuant to authorization set
6 forth in section eleven hundred eleven-e of this chapter or to a notice
7 of liability issued pursuant to authorization set forth in section elev-
8 en hundred seventy-four-a of this chapter and shall not be deemed to
9 include a notice of liability issued pursuant to section eleven hundred
10 eighty-d of this chapter, and shall not be deemed to include a notice of
11 liability issued pursuant to section eleven hundred eighty-e of this
12 chapter.
13 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as separately amended by sections 4-e of chapters 145 and
15 148 of the laws of 2019, is amended to read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article and
18 shall not be deemed to include a notice of liability issued pursuant to
19 authorization set forth in section eleven hundred eleven-e of this chap-
20 ter or to a notice of liability issued pursuant to authorization set
21 forth in section eleven hundred seventy-four-a of this chapter and shall
22 not be deemed to include a notice of liability issued pursuant to
23 section eleven hundred eighty-d of this chapter, and shall not be deemed
24 to include a notice of liability issued pursuant to section eleven
25 hundred eighty-e of this chapter.
26 § 4-g. Paragraph f of subdivision 1 of section 239 of the vehicle and
27 traffic law, as separately amended by sections 4-f of chapters 145 and
28 148 of the laws of 2019, is amended to read as follows:
29 f. "Notice of violation" means a notice of violation as defined in
30 subdivision nine of section two hundred thirty-seven of this article and
31 shall not be deemed to include a notice of liability issued pursuant to
32 authorization set forth in section eleven hundred seventy-four-a of this
33 chapter and shall not be deemed to include a notice of liability issued
34 pursuant to section eleven hundred eighty-d of this chapter, and shall
35 not be deemed to include a notice of liability issued pursuant to
36 section eleven hundred eighty-e of this chapter.
37 § 4-h. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as added by chapter 180 of the laws of 1980, is amended to
39 read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article,
42 but shall not be deemed to include a notice of liability issued pursuant
43 to authorization set forth in section eleven hundred eighty-e of this
44 chapter.
45 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
46 law, as separately amended by sections 5 of chapters 145 and 148 of the
47 laws of 2019, are amended to read as follows:
48 1. Notice of hearing. Whenever a person charged with a parking
49 violation enters a plea of not guilty or a person alleged to be liable
50 in accordance with section eleven hundred eleven-a of this chapter or
51 sections eleven hundred eleven-b of this chapter as added by sections
52 sixteen of chapters twenty, and twenty-two of the laws of two thousand
53 nine or section eleven hundred eleven-d of this chapter, or section
54 eleven hundred eleven-e of this chapter, or section eleven hundred
55 seventy-four-a of this chapter, for a violation of subdivision (d) of
56 section eleven hundred eleven of this chapter contests such allegation,
A. 8832--A 15
1 or a person alleged to be liable in accordance with the provisions of
2 section two thousand nine hundred eighty-five of the public authorities
3 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
4 hundred seventy-four of the laws of nineteen hundred fifty, or a person
5 alleged to be liable in accordance with the provisions of section eleven
6 hundred eleven-c of this chapter for a violation of a bus lane
7 restriction as defined in such section contests such allegation, or a
8 person alleged to be liable in accordance with the provisions of section
9 eleven hundred eighty-b of this chapter for a violation of subdivision
10 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
11 ter contests such allegation, or a person alleged to be liable in
12 accordance with the provisions of section eleven hundred eighty-d of
13 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
14 section eleven hundred eighty of this chapter contests such allegation,
15 or a person alleged to be liable in accordance with the provisions of
16 section eleven hundred eighty-e of this chapter for a violation of
17 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
18 this chapter contests such allegation the bureau shall advise such
19 person personally by such form of first class mail as the director may
20 direct of the date on which he or she must appear to answer the charge
21 at a hearing. The form and content of such notice of hearing shall be
22 prescribed by the director, and shall contain a warning to advise the
23 person so pleading or contesting that failure to appear on the date
24 designated, or on any subsequent adjourned date, shall be deemed an
25 admission of liability, and that a default judgment may be entered ther-
26 eon.
27 1-a. Fines and penalties. Whenever a plea of not guilty has been
28 entered, or the bureau has been notified that an allegation of liability
29 in accordance with section eleven hundred eleven-a of this chapter or
30 sections eleven hundred eleven-b of this chapter [as added by sections
31 sixteen of chapters twenty, and twenty-two of the laws of two thousand
32 nine] or section eleven hundred eleven-d of this chapter or section
33 eleven hundred eleven-e of this chapter or section eleven hundred seven-
34 ty-four-a of this chapter or an allegation of liability in accordance
35 with section two thousand nine hundred eighty-five of the public author-
36 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
37 seven hundred seventy-four of the laws of nineteen hundred fifty or an
38 allegation of liability in accordance with section eleven hundred
39 eleven-c of this chapter or an allegation of liability in accordance
40 with section eleven hundred eighty-b of this chapter or an allegation of
41 liability in accordance with section eleven hundred eighty-d of this
42 chapter, or an allegation of liability in accordance with section eleven
43 hundred eighty-e of this chapter is being contested, by a person in a
44 timely fashion and a hearing upon the merits has been demanded, but has
45 not yet been held, the bureau shall not issue any notice of fine or
46 penalty to that person prior to the date of the hearing.
47 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
48 fic law, as amended by section 5 of chapter 145 of the laws of 2019, are
49 amended to read as follows:
50 1. Notice of hearing. Whenever a person charged with a parking
51 violation enters a plea of not guilty or a person alleged to be liable
52 in accordance with section eleven hundred eleven-a of this chapter or
53 sections eleven hundred eleven-b of this chapter as added by sections
54 sixteen of chapters twenty, and twenty-two of the laws of two thousand
55 nine or section eleven hundred eleven-d of this chapter, or section
56 eleven hundred eleven-e of this chapter, or section eleven hundred
A. 8832--A 16
1 seventy-four-a of this chapter, for a violation of subdivision (d) of
2 section eleven hundred eleven of this chapter contests such allegation,
3 or a person alleged to be liable in accordance with the provisions of
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, or a person
7 alleged to be liable in accordance with the provisions of section eleven
8 hundred eleven-c of this chapter for a violation of a bus lane
9 restriction as defined in such section contests such allegation, or a
10 person alleged to be liable in accordance with the provisions of section
11 eleven hundred eighty-b of this chapter for a violation of subdivision
12 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
13 ter contests such allegation, or a person alleged to be liable in
14 accordance with the provisions of section eleven hundred eighty-e of
15 this chapter for a violation of subdivision (b), (d), (f) or (g) of
16 section eleven hundred eighty of this chapter contests such allegation,
17 the bureau shall advise such person personally by such form of first
18 class mail as the director may direct of the date on which he or she
19 must appear to answer the charge at a hearing. The form and content of
20 such notice of hearing shall be prescribed by the director, and shall
21 contain a warning to advise the person so pleading or contesting that
22 failure to appear on the date designated, or on any subsequent adjourned
23 date, shall be deemed an admission of liability, and that a default
24 judgment may be entered thereon.
25 1-a. Fines and penalties. Whenever a plea of not guilty has been
26 entered, or the bureau has been notified that an allegation of liability
27 in accordance with section eleven hundred eleven-a of this chapter or
28 sections eleven hundred eleven-b of this chapter as added by sections
29 sixteen of chapters twenty, and twenty-two of the laws of two thousand
30 nine or section eleven hundred eleven-d of this chapter or section elev-
31 en hundred eleven-e of this chapter or section eleven hundred seventy-
32 four-a of this chapter or an allegation of liability in accordance with
33 section two thousand nine hundred eighty-five of the public authorities
34 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
35 hundred seventy-four of the laws of nineteen hundred fifty or an allega-
36 tion of liability in accordance with section eleven hundred eleven-c of
37 this chapter or an allegation of liability in accordance with section
38 eleven hundred eighty-b of this chapter, or an allegation of liability
39 in accordance with section eleven hundred eighty-e of this chapter is
40 being contested, by a person in a timely fashion and a hearing upon the
41 merits has been demanded, but has not yet been held, the bureau shall
42 not issue any notice of fine or penalty to that person prior to the date
43 of the hearing.
44 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
45 fic law, as separately amended by sections 5-a of chapters 145 and 148
46 of the laws of 2019, are amended to read as follows:
47 1. Notice of hearing. Whenever a person charged with a parking
48 violation enters a plea of not guilty or a person alleged to be liable
49 in accordance with sections eleven hundred eleven-b of this chapter as
50 added by sections sixteen of chapters twenty, and twenty-two of the laws
51 of two thousand nine or section eleven hundred eleven-d of this chapter
52 or section eleven hundred eleven-e of this chapter or section eleven
53 hundred seventy-four-a of this chapter for a violation of subdivision
54 (d) of section eleven hundred eleven of this chapter, or a person
55 alleged to be liable in accordance with the provisions of section eleven
56 hundred eleven-c of this chapter for a violation of a bus lane
A. 8832--A 17
1 restriction as defined in such section contests such allegation, or a
2 person alleged to be liable in accordance with the provisions of section
3 eleven hundred eighty-b of this chapter for violations of subdivision
4 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
5 ter contests such allegation, or a person alleged to be liable in
6 accordance with the provisions of section eleven hundred eighty-d of
7 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
8 section eleven hundred eighty of this chapter contests such allegation,
9 or a person alleged to be liable in accordance with the provisions of
10 section eleven hundred eighty-e of this chapter for a violation of
11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter contests such allegation, the bureau shall advise such
13 person personally by such form of first class mail as the director may
14 direct of the date on which he or she must appear to answer the charge
15 at a hearing. The form and content of such notice of hearing shall be
16 prescribed by the director, and shall contain a warning to advise the
17 person so pleading or contesting that failure to appear on the date
18 designated, or on any subsequent adjourned date, shall be deemed an
19 admission of liability, and that a default judgment may be entered ther-
20 eon.
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 sections eleven hundred eleven-b of this chapter, as
24 added by sections sixteen of chapters twenty, and twenty-two of the laws
25 of two thousand nine or in accordance with section eleven hundred
26 eleven-d of this chapter, or in accordance with section eleven hundred
27 eleven-e of this chapter or section eleven hundred seventy-four-a of
28 this chapter or an allegation of liability in accordance with section
29 eleven hundred eleven-c of this chapter or an allegation of liability in
30 accordance with section eleven hundred eighty-b of this chapter or an
31 allegation of liability in accordance with section eleven hundred eight-
32 y-d of this chapter, or an allegation of liability in accordance with
33 section eleven hundred eighty-e of this chapter is being contested, by a
34 person in a timely fashion and a hearing upon the merits has been
35 demanded, but has not yet been held, the bureau shall not issue any
36 notice of fine or penalty to that person prior to the date of the hear-
37 ing.
38 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
39 fic law, as separately amended by sections 5-b of chapters 145 and 148
40 of the laws of 2019, are amended to read as follows:
41 1. Notice of hearing. Whenever a person charged with a parking
42 violation enters a plea of not guilty or a person alleged to be liable
43 in accordance with section eleven hundred eleven-d of this chapter or in
44 accordance with section eleven hundred eleven-e of this chapter or
45 section eleven hundred seventy-four-a of this chapter or in accordance
46 with the provisions of section eleven hundred eleven-c of this chapter
47 for a violation of a bus lane restriction as defined in such section,
48 contests such allegation, or a person alleged to be liable in accordance
49 with the provisions of section eleven hundred eighty-b of this chapter
50 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
51 en hundred eighty of this chapter contests such allegation, or a person
52 alleged to be liable in accordance with the provisions of section eleven
53 hundred eighty-d of this chapter for a violation of subdivision (b),
54 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
55 contests such allegation, or a person alleged to be liable in accordance
56 with the provisions of section eleven hundred eighty-e of this chapter
A. 8832--A 18
1 for a violation of subdivision (b), (d), (f) or (g) of section eleven
2 hundred eighty of this chapter contests such allegation, the bureau
3 shall advise such person personally by such form of first class mail as
4 the director may direct of the date on which he or she must appear to
5 answer the charge at a hearing. The form and content of such notice of
6 hearing shall be prescribed by the director, and shall contain a warning
7 to advise the person so pleading that failure to appear on the date
8 designated, or on any subsequent adjourned date, shall be deemed an
9 admission of liability, and that a default judgment may be entered ther-
10 eon.
11 1-a. Fines and penalties. Whenever a plea of not guilty has been
12 entered, or the bureau has been notified that an allegation of liability
13 in accordance with section eleven hundred eleven-d of this chapter or in
14 accordance with section eleven hundred eleven-e of this chapter or
15 section eleven hundred seventy-four-a of this chapter or in accordance
16 with section eleven hundred eleven-c of this chapter or an allegation of
17 liability in accordance with section eleven hundred eighty-b of this
18 chapter or an allegation of liability in accordance with section eleven
19 hundred eighty-d of this chapter, or an allegation of liability in
20 accordance with section eleven hundred eighty-e of this chapter, is
21 being contested, by a person in a timely fashion and a hearing upon the
22 merits has been demanded, but has not yet been held, the bureau shall
23 not issue any notice of fine or penalty to that person prior to the date
24 of the hearing.
25 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
26 fic law, as separately amended by sections 5-c of chapters 145 and 148
27 of the laws of 2019, are amended to read as follows:
28 1. Notice of hearing. Whenever a person charged with a parking
29 violation enters a plea of not guilty, or a person alleged to be liable
30 in accordance with section eleven hundred eleven-d of this chapter, or a
31 person alleged to be liable in accordance with section eleven hundred
32 eleven-e of this chapter, or a person alleged to be liable in accordance
33 with section eleven hundred seventy-four-a of this chapter, or a person
34 alleged to be liable in accordance with the provisions of section eleven
35 hundred eighty-b of this chapter for violations of subdivision (b), (c),
36 (d), (f) or (g) of section eleven hundred eighty of this chapter
37 contests such allegation, or a person alleged to be liable in accordance
38 with the provisions of section eleven hundred eighty-d of this chapter
39 for a violation of subdivision (b), (c), (d), (f) or (g) of section
40 eleven hundred eighty of this chapter contests such allegation, or a
41 person alleged to be liable in accordance with the provisions of section
42 eleven hundred eighty-e of this chapter for a violation of subdivision
43 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter
44 contests such allegation, the bureau shall advise such person personally
45 by such form of first class mail as the director may direct of the date
46 on which he or she must appear to answer the charge at a hearing. The
47 form and content of such notice of hearing shall be prescribed by the
48 director, and shall contain a warning to advise the person so pleading
49 that failure to appear on the date designated, or on any subsequent
50 adjourned date, shall be deemed an admission of liability, and that a
51 default judgment may be entered thereon.
52 1-a. Fines and penalties. Whenever a plea of not guilty has been
53 entered, or the bureau has been notified that an allegation of liability
54 in accordance with section eleven hundred eleven-d of this chapter, or
55 the bureau has been notified that an allegation of liability in accord-
56 ance with section eleven hundred eleven-e of this chapter, or the bureau
A. 8832--A 19
1 has been notified that an allegation of liability in accordance with
2 section eleven hundred seventy-four-a of this chapter, or the bureau has
3 been notified that an allegation of liability in accordance with section
4 eleven hundred eighty-b of this chapter, or an allegation of liability
5 in accordance with section eleven hundred eighty-d of this chapter, or
6 an allegation of liability in accordance with section eleven hundred
7 eighty-e of this chapter is being contested, by a person in a timely
8 fashion and a hearing upon the merits has been demanded, but has not yet
9 been held, the bureau shall not issue any notice of fine or penalty to
10 that person prior to the date of the hearing.
11 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
12 fic law, as separately amended by sections 5-d of chapters 145 and 148
13 of the laws of 2019, are amended to read as follows:
14 1. Notice of hearing. Whenever a person charged with a parking
15 violation enters a plea of not guilty, or a person alleged to be liable
16 in accordance with section eleven hundred eleven-d of this chapter
17 contests such allegation, or a person alleged to be liable in accordance
18 with section eleven hundred eleven-e of this chapter contests such alle-
19 gation, or a person alleged to be liable in accordance with the
20 provisions of section eleven hundred eighty-d of this chapter for a
21 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
22 hundred eighty of this chapter contests such allegation, or a person
23 alleged to be liable in accordance with the provisions of section eleven
24 hundred eighty-e of this chapter for a violation of subdivision (b),
25 (d), (f) or (g) of section eleven hundred eighty of this chapter
26 contests such allegation, or a person alleged to be liable in accordance
27 with section eleven hundred seventy-four-a of this chapter contests such
28 allegation, the bureau shall advise such person personally by such form
29 of first class mail as the director may direct of the date on which he
30 or she must appear to answer the charge at a hearing. The form and
31 content of such notice of hearing shall be prescribed by the director,
32 and shall contain a warning to advise the person so pleading that fail-
33 ure to appear on the date designated, or on any subsequent adjourned
34 date, shall be deemed an admission of liability, and that a default
35 judgment may be entered thereon.
36 1-a. Fines and penalties. Whenever a plea of not guilty has been
37 entered, or the bureau has been notified that an allegation of liability
38 in accordance with section eleven hundred eleven-d of this chapter, is
39 being contested, or the bureau has been notified that an allegation of
40 liability in accordance with section eleven hundred eleven-e of this
41 chapter, or an allegation of liability in accordance with section eleven
42 hundred eighty-d of this chapter, is being contested, or the bureau has
43 been notified that an allegation of liability in accordance with section
44 eleven hundred eighty-e of this chapter is being contested, or the
45 bureau has been notified that an allegation of liability in accordance
46 with section eleven hundred seventy-four-a of this chapter, is being
47 contested, by a person in a timely fashion and a hearing upon the merits
48 has been demanded, but has not yet been held, the bureau shall not issue
49 any notice of fine or penalty to that person prior to the date of the
50 hearing.
51 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
52 fic law, as separately amended by sections 5-e of chapters 145 and 148
53 of the laws of 2019, are amended to read as follows:
54 1. Notice of hearing. Whenever a person charged with a parking
55 violation enters a plea of not guilty, or a person alleged to be liable
56 in accordance with section eleven hundred eleven-e of this chapter
A. 8832--A 20
1 contests such allegation, or a person alleged to be liable in accordance
2 with the provisions of section eleven hundred eighty-d of this chapter
3 for a violation of subdivision (b), (c), (d), (f) or (g) of section
4 eleven hundred eighty of this chapter contests such allegation, or a
5 person alleged to be liable in accordance with the provisions of section
6 eleven hundred eighty-e of this chapter for a violation of subdivision
7 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter
8 contests such allegation, or a person alleged to be liable in accordance
9 with section eleven hundred seventy-four-a of this chapter contests such
10 allegation, the bureau shall advise such person personally by such form
11 of first class mail as the director may direct of the date on which he
12 or she must appear to answer the charge at a hearing. The form and
13 content of such notice of hearing shall be prescribed by the director,
14 and shall contain a warning to advise the person so pleading that fail-
15 ure to appear on the date designated, or on any subsequent adjourned
16 date, shall be deemed an admission of liability, and that a default
17 judgment may be entered thereon.
18 1-a. Fines and penalties. Whenever a plea of not guilty has been
19 entered, or the bureau has been notified that an allegation of liability
20 in accordance with section eleven hundred eleven-e of this chapter, or
21 an allegation of liability in accordance with section eleven hundred
22 eighty-d of this chapter, is being contested, or the bureau has been
23 notified that an allegation of liability in accordance with section
24 eleven hundred eighty-e of this chapter is being contested, or the
25 bureau has been notified that an allegation of liability in accordance
26 with section eleven hundred seventy-four-a of this chapter, is being
27 contested, by a person in a timely fashion and a hearing upon the merits
28 has been demanded, but has not yet been held, the bureau shall not issue
29 any notice of fine or penalty to that person prior to the date of the
30 hearing.
31 § 5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
32 fic law, as separately amended by sections 5-f of chapters 145 and 148
33 of the laws of 2019, are amended to read as follows:
34 1. Notice of hearing. Whenever a person charged with a parking
35 violation enters a plea of not guilty, or a person alleged to be liable
36 in accordance with the provisions of section eleven hundred eighty-d of
37 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
38 section eleven hundred eighty of this chapter contests such allegation,
39 or a person alleged to be liable in accordance with the provisions of
40 section eleven hundred eighty-e of this chapter for a violation of
41 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
42 this chapter contests such allegation, or a person alleged to be liable
43 in accordance with section eleven hundred seventy-four-a of this chapter
44 contests such allegation, the bureau shall advise such person personally
45 by such form of first class mail as the director may direct of the date
46 on which he or she must appear to answer the charge at a hearing. The
47 form and content of such notice of hearing shall be prescribed by the
48 director, and shall contain a warning to advise the person so pleading
49 that failure to appear on the date designated, or on any subsequent
50 adjourned date, shall be deemed an admission of liability, and that a
51 default judgment may be entered thereon.
52 1-a. Fines and penalties. Whenever a plea of not guilty has been
53 entered, or the bureau has been notified that an allegation of liability
54 in accordance with section eleven hundred seventy-four-a of this chap-
55 ter, is being contested, or the bureau has been notified that an allega-
56 tion of liability in accordance with section eleven hundred eighty-d of
A. 8832--A 21
1 this chapter is being contested, or the bureau has been notified that an
2 allegation of liability in accordance with section eleven hundred eight-
3 y-e of this chapter is being contested, by a person in a timely fashion
4 and a hearing upon the merits has been demanded, but has not yet been
5 held, the bureau shall not issue any notice of fine or penalty to that
6 person prior to the date of the hearing.
7 § 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as
8 added by chapter 715 of the laws of 1972, is amended to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty, or a person alleged to be liable
11 in accordance with the provisions of section eleven hundred eighty-e of
12 this chapter for a violation of subdivision (b), (d), (f) or (g) of
13 section eleven hundred eighty of this chapter contests such allegation,
14 the bureau shall advise such person personally by such form of first
15 class mail as the director may direct of the date on which he must
16 appear to answer the charge at a hearing. The form and content of such
17 notice of hearing shall be prescribed by the director, and shall contain
18 a warning to advise the person so pleading that failure to appear on the
19 date designated, or on any subsequent adjourned date, shall be deemed an
20 admission of liability, and that a default judgment may be entered ther-
21 eon.
22 § 5-i. Subdivision 1-a of section 240 of the vehicle and traffic law,
23 as added by chapter 365 of the laws of 1978, is amended to read as
24 follows:
25 1-a. Fines and penalties. Whenever a plea of not guilty has been
26 entered, or the bureau has been notified that an allegation of liability
27 in accordance with section eleven hundred eighty-e of this chapter is
28 being contested by a person in a timely fashion and a hearing upon the
29 merits has been demanded, but has not yet been held, the bureau shall
30 not issue any notice of fine or penalty to that person prior to the date
31 of the hearing.
32 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
33 and traffic law, as separately amended by sections 6 of chapters 145 and
34 148 of the laws of 2019, are amended to read as follows:
35 a. Every hearing for the adjudication of a charge of parking violation
36 or an allegation of liability in accordance with section eleven hundred
37 eleven-a of this chapter or in accordance with sections eleven hundred
38 eleven-b of this chapter as added by sections sixteen of chapters twen-
39 ty, and twenty-two of the laws of two thousand nine or in accordance
40 with section eleven hundred eleven-d of this chapter or in accordance
41 with section eleven hundred eleven-e of this chapter or in accordance
42 with section eleven hundred seventy-four-a of this chapter or an allega-
43 tion of liability in accordance with section two thousand nine hundred
44 eighty-five of the public authorities law or sections sixteen-a,
45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
46 laws of nineteen hundred fifty or an allegation of liability in accord-
47 ance with section eleven hundred eleven-c of this chapter or an allega-
48 tion of liability in accordance with section eleven hundred eighty-b of
49 this chapter, or an allegation of liability in accordance with section
50 eleven hundred eighty-d of this chapter, or an allegation of liability
51 in accordance with section eleven hundred eighty-e of this chapter,
52 shall be held before a hearing examiner in accordance with rules and
53 regulations promulgated by the bureau.
54 g. A record shall be made of a hearing on a plea of not guilty or of a
55 hearing at which liability in accordance with section eleven hundred
56 eleven-a of this chapter or in accordance with sections eleven hundred
A. 8832--A 22
1 eleven-b of this chapter as added by sections sixteen of chapters twen-
2 ty, and twenty-two of the laws of two thousand nine or in accordance
3 with section eleven hundred eleven-d of this chapter is contested or in
4 accordance with section eleven hundred eleven-e of this chapter is
5 contested or in accordance with section eleven hundred seventy-four-a of
6 this chapter is contested or of a hearing at which liability in accord-
7 ance with section two thousand nine hundred eighty-five of the public
8 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
9 ter seven hundred seventy-four of the laws of nineteen hundred fifty is
10 contested or of a hearing at which liability in accordance with section
11 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
12 ity in accordance with section eleven hundred eighty-b of this chapter
13 or of a hearing at which liability in accordance with section eleven
14 hundred eighty-d of this chapter or of a hearing at which liability in
15 accordance with section eleven hundred eighty-e of this chapter is
16 contested. Recording devices may be used for the making of the record.
17 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
18 cle and traffic law, as amended by section 6 of chapter 145 of the laws
19 of 2019, are amended to read as follows:
20 a. Every hearing for the adjudication of a charge of parking violation
21 or an allegation of liability in accordance with section eleven hundred
22 eleven-a of this chapter or in accordance with sections eleven hundred
23 eleven-b of this chapter as added by sections sixteen of chapters twen-
24 ty, and twenty-two of the laws of two thousand nine or in accordance
25 with section eleven hundred eleven-d of this chapter or in accordance
26 with section eleven hundred eleven-e of this chapter or in accordance
27 with section eleven hundred seventy-four-a of this chapter or an allega-
28 tion of liability in accordance with section two thousand nine hundred
29 eighty-five of the public authorities law or sections sixteen-a,
30 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
31 laws of nineteen hundred fifty or an allegation of liability in accord-
32 ance with section eleven hundred eleven-c of this chapter or an allega-
33 tion of liability in accordance with section eleven hundred eighty-b of
34 this chapter or an allegation of liability in accordance with section
35 eleven hundred eighty-e of this chapter, shall be held before a hearing
36 examiner in accordance with rules and regulations promulgated by the
37 bureau.
38 g. A record shall be made of a hearing on a plea of not guilty or of a
39 hearing at which liability in accordance with section eleven hundred
40 eleven-a of this chapter or in accordance with sections eleven hundred
41 eleven-b of this chapter as added by sections sixteen of chapters twen-
42 ty, and twenty-two of the laws of two thousand nine or in accordance
43 with section eleven hundred eleven-d of this chapter is contested or in
44 accordance with section eleven hundred eleven-e of this chapter is
45 contested or in accordance with section eleven hundred seventy-four-a of
46 this chapter is contested or of a hearing at which liability in accord-
47 ance with section two thousand nine hundred eighty-five of the public
48 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
49 ter seven hundred seventy-four of the laws of nineteen hundred fifty is
50 contested or of a hearing at which liability in accordance with section
51 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
52 ity in accordance with section eleven hundred eighty-b of this chapter
53 or of a hearing at which liability in accordance with section eleven
54 hundred eighty-e of this chapter is contested. Recording devices may be
55 used for the making of the record.
A. 8832--A 23
1 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as separately amended by sections 6-a of chapters
3 145 and 148 of the laws of 2019, are amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with sections eleven hundred
6 eleven-b of this chapter, as added by sections sixteen of chapters twen-
7 ty, and twenty-two of the laws of two thousand nine or in accordance
8 with section eleven hundred eleven-d of this chapter or in accordance
9 with section eleven hundred eleven-e of this chapter or in accordance
10 with section eleven hundred seventy-four-a of this chapter or an allega-
11 tion of liability in accordance with section eleven hundred eleven-c of
12 this chapter or an allegation of liability in accordance with section
13 eleven hundred eighty-b of this chapter or an allegation of liability in
14 accordance with section eleven hundred eighty-d of this chapter or an
15 allegation of liability in accordance with section eleven hundred eight-
16 y-e of this chapter, shall be held before a hearing examiner in accord-
17 ance with rules and regulations promulgated by the bureau.
18 g. A record shall be made of a hearing on a plea of not guilty or of a
19 hearing at which liability in accordance with sections eleven hundred
20 eleven-b of this chapter, as added by sections sixteen of chapters twen-
21 ty, and twenty-two of the laws of two thousand nine or in accordance
22 with section eleven hundred eleven-d of this chapter or in accordance
23 with section eleven hundred eleven-e of this chapter or in accordance
24 with section eleven hundred seventy-four-a of this chapter or of a hear-
25 ing at which liability in accordance with section eleven hundred
26 eleven-c of this chapter or of a hearing at which liability in accord-
27 ance with section eleven hundred eighty-b of this chapter or of a hear-
28 ing at which liability in accordance with section eleven hundred eight-
29 y-d of this chapter or of a hearing at which liability in accordance
30 with section eleven hundred eighty-e of this chapter is contested.
31 Recording devices may be used for the making of the record.
32 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
33 cle and traffic law, as separately amended by sections 6-b of chapters
34 145 and 148 of the laws of 2019, are amended to read as follows:
35 a. Every hearing for the adjudication of a charge of parking violation
36 or an allegation of liability in accordance with section eleven hundred
37 seventy-four-a of this chapter or an allegation of liability in accord-
38 ance with section eleven hundred eleven-e of this chapter or an allega-
39 tion of liability in accordance with section eleven hundred eleven-d of
40 this chapter or an allegation of liability in accordance with section
41 eleven hundred eleven-c of this chapter or an allegation of liability in
42 accordance with section eleven hundred eighty-b of this chapter or an
43 allegation of liability in accordance with section eleven hundred eight-
44 y-d of this chapter or an allegation of liability in accordance with
45 section eleven hundred eighty-e of this chapter shall be held before a
46 hearing examiner in accordance with rules and regulations promulgated by
47 the bureau.
48 g. A record shall be made of a hearing on a plea of not guilty or of a
49 hearing at which liability in accordance with section eleven hundred
50 seventy-four-a of this chapter or of a hearing at which liability in
51 accordance with section eleven hundred eleven-e of this chapter or of a
52 hearing at which liability in accordance with section eleven hundred
53 eleven-d of this chapter or of a hearing at which liability in accord-
54 ance with section eleven hundred eleven-c of this chapter or of a hear-
55 ing at which liability in accordance with section eleven hundred eight-
56 y-b of this chapter or of a hearing at which liability in accordance
A. 8832--A 24
1 with section eleven hundred eighty-d of this chapter or of a hearing at
2 which liability in accordance with section eleven hundred eighty-e of
3 this chapter is contested. Recording devices may be used for the making
4 of the record.
5 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
6 cle and traffic law, as separately amended by sections 6-c of chapters
7 145 and 148 of the laws of 2019, are amended to read as follows:
8 a. Every hearing for the adjudication of a charge of parking violation
9 or an allegation of liability in accordance with section eleven hundred
10 seventy-four-a of this chapter or an allegation of liability in accord-
11 ance with section eleven hundred eleven-e of this chapter or an allega-
12 tion of liability in accordance with section eleven hundred eleven-d of
13 this chapter or an allegation of liability in accordance with section
14 eleven hundred eighty-b of this chapter or an allegation of liability in
15 accordance with section eleven hundred eighty-d of this chapter or an
16 allegation of liability in accordance with section eleven hundred eight-
17 y-e of this chapter shall be held before a hearing examiner in accord-
18 ance with rules and regulations promulgated by the bureau.
19 g. A record shall be made of a hearing on a plea of not guilty or of a
20 hearing at which liability in accordance with section eleven hundred
21 seventy-four-a of this chapter or of a hearing at which liability in
22 accordance with section eleven hundred eleven-e of this chapter or of a
23 hearing at which liability in accordance with section eleven hundred
24 eleven-d of this chapter or of a hearing at which liability in accord-
25 ance with section eleven hundred eighty-b of this chapter or of a hear-
26 ing at which liability in accordance with section eleven hundred eight-
27 y-d of this chapter or of a hearing at which liability in accordance
28 with section eleven hundred eighty-e of this chapter is contested.
29 Recording devices may be used for the making of the record.
30 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
31 cle and traffic law, as separately amended by section 6-d of chapters
32 145 and 148 of the laws of 2019, are amended to read as follows:
33 a. Every hearing for the adjudication of a charge of parking violation
34 or an allegation of liability in accordance with section eleven hundred
35 seventy-four-a of this chapter or an allegation of liability in accord-
36 ance with section eleven hundred eleven-e of this chapter or an allega-
37 tion of liability in accordance with section eleven hundred eleven-d of
38 this chapter or an allegation of liability in accordance with section
39 eleven hundred eighty-d of this chapter or an allegation of liability in
40 accordance with section eleven hundred eighty-e of this chapter shall be
41 held before a hearing examiner in accordance with rules and regulations
42 promulgated by the bureau.
43 g. A record shall be made of a hearing on a plea of not guilty or a
44 hearing at which liability in accordance with section eleven hundred
45 eleven-d of this chapter is contested or of a hearing at which liability
46 in accordance with section eleven hundred seventy-four-a of this chapter
47 or a hearing at which liability in accordance with section eleven
48 hundred eleven-e of this chapter or a hearing at which liability in
49 accordance with section eleven hundred eighty-d of this chapter or of a
50 hearing at which liability in accordance with section eleven hundred
51 eighty-e of this chapter is contested. Recording devices may be used for
52 the making of the record.
53 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
54 cle and traffic law, as separately amended by section 6-e of chapters
55 145 and 148 of the laws of 2019, are amended to read as follows:
A. 8832--A 25
1 a. Every hearing for the adjudication of a charge of parking violation
2 or an allegation of liability in accordance with section eleven hundred
3 eleven-e of this chapter or an allegation of liability in accordance
4 with section eleven hundred seventy-four-a of this chapter or an allega-
5 tion of liability in accordance with section eleven hundred eighty-d of
6 this chapter or an allegation of liability in accordance with section
7 eleven hundred eighty-e of this chapter shall be held before a hearing
8 examiner in accordance with rules and regulations promulgated by the
9 bureau.
10 g. A record shall be made of a hearing on a plea of not guilty or a
11 hearing at which liability in accordance with section eleven hundred
12 eleven-e of this chapter or a hearing at which liability in accordance
13 with section eleven hundred eighty-d of this chapter or a hearing at
14 which liability in accordance with section eleven hundred eighty-e of
15 this chapter is contested or a hearing at which liability in accordance
16 with section eleven hundred seventy-four-a of this chapter is contested.
17 Recording devices may be used for the making of the record.
18 § 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
19 cle and traffic law, as separately amended by sections 6-f of chapters
20 145 and 148 of the laws of 2019, are amended to read as follows:
21 a. Every hearing for the adjudication of a charge of parking violation
22 or an allegation of liability in accordance with section eleven hundred
23 seventy-four-a of this chapter or an allegation of liability in accord-
24 ance with section eleven hundred eighty-d of this chapter or an allega-
25 tion of liability in accordance with section eleven hundred eighty-e of
26 this chapter shall be held before a hearing examiner in accordance with
27 rules and regulations promulgated by the bureau.
28 g. A record shall be made of a hearing on a plea of not guilty or a
29 hearing at which liability in accordance with section eleven hundred
30 seventy-four-a of this chapter is contested or a hearing at which
31 liability in accordance with section eleven hundred eighty-d of this
32 chapter is contested or a hearing at which liability in accordance with
33 section eleven hundred eighty-e of this chapter is contested. Recording
34 devices may be used for the making of the record.
35 § 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
36 cle and traffic law, as added by chapter 715 of the laws of 1972, are
37 amended to read as follows:
38 a. Every hearing for the adjudication of a charge of parking violation
39 or an allegation of liability in accordance with section eleven hundred
40 eighty-e of this chapter shall be held before a hearing examiner in
41 accordance with rules and regulations promulgated by the bureau.
42 g. A record shall be made of a hearing on a plea of not guilty or of a
43 hearing at which liability in accordance with section eleven hundred
44 eighty-e of this chapter is contested. Recording devices may be used
45 for the making of the record.
46 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
47 law, as separately amended by sections 7 of chapters 145 and 148 of the
48 laws of 2019, are amended to read as follows:
49 1. The hearing examiner shall make a determination on the charges,
50 either sustaining or dismissing them. Where the hearing examiner deter-
51 mines that the charges have been sustained he or she may examine either
52 the prior parking violations record or the record of liabilities
53 incurred in accordance with section eleven hundred eleven-a of this
54 chapter or in accordance with sections eleven hundred eleven-b of this
55 chapter [as added by sections sixteen of chapters twenty, and twenty-two
56 of the laws of two thousand nine] or in accordance with section eleven
A. 8832--A 26
1 hundred eleven-d of this chapter or in accordance with section eleven
2 hundred eleven-e of this chapter or in accordance with section eleven
3 hundred seventy-four-a of this chapter or the record of liabilities
4 incurred in accordance with section two thousand nine hundred eighty-
5 five of the public authorities law or sections sixteen-a, sixteen-b and
6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
7 hundred fifty of the person charged, or the record of liabilities
8 incurred in accordance with section eleven hundred eleven-c of this
9 chapter, or the record of liabilities incurred in accordance with
10 section eleven hundred eighty-b of this chapter, or in the record of
11 liabilities incurred in accordance with section eleven hundred eighty-d
12 of this chapter of the person charged, or in the record of liabilities
13 incurred in accordance with section eleven hundred eighty-e of this
14 chapter of the person charged, as applicable prior to rendering a final
15 determination. Final determinations sustaining or dismissing charges
16 shall be entered on a final determination roll maintained by the bureau
17 together with records showing 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-a of this chapter or in accordance
21 with sections eleven hundred eleven-b of this chapter [as added by
22 sections sixteen of chapters twenty, and twenty-two of the laws of two
23 thousand nine] or in accordance with section eleven hundred eleven-d of
24 this chapter or in accordance with section eleven hundred eleven-e of
25 this chapter or in accordance with section eleven hundred seventy-four-a
26 of this chapter or fails to contest an allegation of liability in
27 accordance with section two thousand nine hundred eighty-five of the
28 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
29 chapter seven hundred seventy-four of the laws of nineteen hundred
30 fifty, or fails to contest an allegation of liability in accordance with
31 section eleven hundred eleven-c of this chapter or fails to contest an
32 allegation of liability in accordance with section eleven hundred eight-
33 y-b of this chapter or fails to contest an allegation of liability in
34 accordance with section eleven hundred eighty-d of this chapter or fails
35 to contest an allegation of liability in accordance with section eleven
36 hundred eighty-e of this chapter or fails to appear on a designated
37 hearing date or subsequent adjourned date or fails after a hearing to
38 comply with the determination of a hearing examiner, as prescribed by
39 this article or by rule or regulation of the bureau, such failure to
40 plead or contest, appear or comply shall be deemed, for all purposes, an
41 admission of liability and shall be grounds for rendering and entering a
42 default judgment in an amount provided by the rules and regulations of
43 the bureau. However, after the expiration of the original date
44 prescribed for entering a plea and before a default judgment may be
45 rendered, in such case the bureau shall pursuant to the applicable
46 provisions of law notify such operator or owner, by such form of first
47 class mail as the commission may direct; (1) of the violation charged,
48 or liability in accordance with section eleven hundred eleven-a of this
49 chapter or in accordance with sections eleven hundred eleven-b of this
50 chapter [as added by sections sixteen of chapters twenty, and twenty-two
51 of the laws of two thousand nine] or in accordance with section eleven
52 hundred eleven-d of this chapter or in accordance with section eleven
53 hundred eleven-e of this chapter or in accordance with section eleven
54 hundred seventy-four-a of this chapter alleged or liability in accord-
55 ance with section two thousand nine hundred eighty-five of the public
56 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
A. 8832--A 27
1 ter seven hundred seventy-four of the laws of nineteen hundred fifty
2 alleged or liability in accordance with section eleven hundred eleven-c
3 of this chapter or liability in accordance with section eleven hundred
4 eighty-b of this chapter alleged, or liability in accordance with
5 section eleven hundred eighty-d of this chapter alleged, or liability in
6 accordance with section eleven hundred eighty-e of this chapter alleged,
7 (2) of the impending default judgment, (3) that such judgment will be
8 entered in the Civil Court of the city in which the bureau has been
9 established, or other court of civil jurisdiction or any other place
10 provided for the entry of civil judgments within the state of New York,
11 and (4) that a default may be avoided by entering a plea or contesting
12 an allegation of liability in accordance with section eleven hundred
13 eleven-a of this chapter or in accordance with sections eleven hundred
14 eleven-b of this chapter as added by sections sixteen of chapters twen-
15 ty, and twenty-two of the laws of two thousand nine or in accordance
16 with section eleven hundred eleven-d of this chapter or in accordance
17 with section eleven hundred eleven-e of this chapter or in accordance
18 with section eleven hundred seventy-four-a of this chapter or contesting
19 an allegation of liability in accordance with section two thousand nine
20 hundred 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 or contesting an allegation of liability
23 in accordance with section eleven hundred eleven-c of this chapter or
24 contesting an allegation of liability in accordance with section eleven
25 hundred eighty-b of this chapter or contesting an allegation of liabil-
26 ity in accordance with section eleven hundred eighty-d of this chapter,
27 or contesting an allegation of liability in accordance with section
28 eleven hundred eighty-e of this chapter, as appropriate, or making an
29 appearance within thirty days of the sending of such notice. Pleas
30 entered and allegations contested within that period shall be in the
31 manner prescribed in the notice and not subject to additional penalty or
32 fee. Such notice of impending default judgment shall not be required
33 prior to the rendering and entry thereof in the case of operators or
34 owners who are non-residents of the state of New York. In no case shall
35 a default judgment be rendered or, where required, a notice of impending
36 default judgment be sent, more than two years after the expiration of
37 the time prescribed for entering a plea or contesting an allegation.
38 When a person has demanded a hearing, no fine or penalty shall be
39 imposed for any reason, prior to the holding of the hearing. If the
40 hearing examiner shall make a determination on the charges, sustaining
41 them, he or she shall impose no greater penalty or fine than those upon
42 which the person was originally charged.
43 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
44 law, as amended by section 7 of chapter 145 of the laws of 2019, are
45 amended to read as follows:
46 1. The hearing examiner shall make a determination on the charges,
47 either sustaining or dismissing them. Where the hearing examiner deter-
48 mines that the charges have been sustained he or she may examine either
49 the prior parking violations record or the record of liabilities
50 incurred in accordance with section eleven hundred eleven-a of this
51 chapter or in accordance with sections eleven hundred eleven-b of this
52 chapter [as added by sections sixteen of chapters twenty, and twenty-two
53 of the laws of two thousand nine] or in accordance with section eleven
54 hundred eleven-d of this chapter or in accordance with section eleven
55 hundred eleven-e of this chapter or in accordance with section eleven
56 hundred seventy-four-a of this chapter or the record of liabilities
A. 8832--A 28
1 incurred in accordance with section two thousand nine hundred eighty-
2 five of the public authorities law or sections sixteen-a, sixteen-b and
3 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
4 hundred fifty of the person charged, or the record of liabilities
5 incurred in accordance with section eleven hundred eleven-c of this
6 chapter, or the record of liabilities incurred in accordance with
7 section eleven hundred eighty-b of this chapter, or the record of
8 liabilities incurred in accordance with section eleven hundred eighty-e
9 of this chapter of the person charged, as applicable prior to rendering
10 a final determination. Final determinations sustaining or dismissing
11 charges shall be entered on a final determination roll maintained by the
12 bureau together with records showing payment and nonpayment of penal-
13 ties.
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-a of this chapter or in accordance
17 with sections eleven hundred eleven-b of this chapter [as added by
18 sections sixteen of chapters twenty, and twenty-two of the laws of two
19 thousand nine] or in accordance with section eleven hundred eleven-d of
20 this chapter or in accordance with section eleven hundred eleven-e of
21 this chapter or in accordance with section eleven hundred seventy-four-a
22 of this chapter or fails to contest an allegation of liability in
23 accordance with section two thousand nine hundred eighty-five of the
24 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
25 chapter seven hundred seventy-four of the laws of nineteen hundred
26 fifty, or fails to contest an allegation of liability in accordance with
27 section eleven hundred eleven-c of this chapter or fails to contest an
28 allegation of liability in accordance with section eleven hundred eight-
29 y-b of this chapter, or fails to contest an allegation of liability
30 incurred in accordance with section eleven hundred eighty-e of this
31 chapter, or fails to appear on a designated hearing date or subsequent
32 adjourned date or fails after a hearing to comply with the determination
33 of a hearing examiner, as prescribed by this article or by rule or regu-
34 lation of the bureau, such failure to plead [or], contest, appear or
35 comply shall be deemed, for all purposes, an admission of liability and
36 shall be grounds for rendering and entering a default judgment in an
37 amount provided by the rules and regulations of the bureau. However,
38 after the expiration of the original date prescribed for entering a plea
39 and before a default judgment may be rendered, in such case the bureau
40 shall pursuant to the applicable provisions of law notify such operator
41 or owner, by such form of first class mail as the commission may direct;
42 (1) of the violation charged, or liability in accordance with section
43 eleven hundred eleven-a of this chapter or in accordance with sections
44 eleven hundred eleven-b of this chapter [as added by sections sixteen of
45 chapters twenty, and twenty-two of the laws of two thousand nine] or in
46 accordance with section eleven hundred eleven-d of this chapter or in
47 accordance with section eleven hundred eleven-e of this chapter or in
48 accordance with section eleven hundred seventy-four-a of this chapter
49 alleged or liability in accordance with section two thousand nine
50 hundred eighty-five of the public authorities law or sections sixteen-a,
51 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
52 laws of nineteen hundred fifty alleged or liability in accordance with
53 section eleven hundred eleven-c of this chapter or liability in accord-
54 ance with section eleven hundred eighty-b of this chapter alleged, or
55 liability in accordance with section eleven hundred eighty-e of this
56 chapter alleged, (2) of the impending default judgment, (3) that such
A. 8832--A 29
1 judgment will be entered in the Civil Court of the city in which the
2 bureau has been established, or other court of civil jurisdiction or any
3 other place provided for the entry of civil judgments within the state
4 of New York, and (4) that a default may be avoided by entering a plea or
5 contesting an allegation of liability in accordance with section eleven
6 hundred eleven-a of this chapter or in accordance with sections eleven
7 hundred eleven-b of this chapter [as added by sections sixteen of chap-
8 ters twenty, and twenty-two of the laws of two thousand nine] or in
9 accordance with section eleven hundred eleven-d of this chapter or in
10 accordance with section eleven hundred eleven-e of this chapter or in
11 accordance with section eleven hundred seventy-four-a of this chapter or
12 contesting an allegation of liability in accordance with section two
13 thousand nine hundred eighty-five of the public authorities law or
14 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
15 seventy-four of the laws of nineteen hundred fifty or contesting an
16 allegation of liability in accordance with section eleven hundred
17 eleven-c of this chapter or contesting an allegation of liability in
18 accordance with section eleven hundred eighty-b of this chapter, or
19 contesting an allegation of liability in accordance with section eleven
20 hundred eighty-e of this chapter, as appropriate, or making an appear-
21 ance within thirty days of the sending of such notice. Pleas entered and
22 allegations contested within that period shall be in the manner
23 prescribed in the notice and not subject to additional penalty or fee.
24 Such notice of impending default judgment shall not be required prior to
25 the rendering and entry thereof in the case of operators or owners who
26 are non-residents of the state of New York. In no case shall a default
27 judgment be rendered or, where required, a notice of impending default
28 judgment be sent, more than two years after the expiration of the time
29 prescribed for entering a plea or contesting an allegation. When a
30 person has demanded a hearing, no fine or penalty shall be imposed for
31 any reason, prior to the holding of the hearing. If the hearing examiner
32 shall make a determination on the charges, sustaining them, he or she
33 shall impose no greater penalty or fine than those upon which the person
34 was originally charged.
35 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
36 law, as separately amended by sections 7-a of chapters 145 and 148 of
37 the laws of 2019, are amended to read as follows:
38 1. The hearing examiner shall make a determination on the charges,
39 either sustaining or dismissing them. Where the hearing examiner deter-
40 mines that the charges have been sustained he or she may examine either
41 the prior parking violations record or the record of liabilities
42 incurred in accordance with sections eleven hundred eleven-b of this
43 chapter [as added by sections sixteen of chapters twenty, and twenty-two
44 of the laws of two thousand nine] or in accordance with section eleven
45 hundred eleven-d of this chapter or in accordance with section eleven
46 hundred eleven-e of this chapter or in accordance with section eleven
47 hundred seventy-four-a of this chapter of the person charged, or the
48 record of liabilities incurred in accordance with section eleven hundred
49 eleven-c of this chapter, or the record of liabilities incurred in
50 accordance with section eleven hundred eighty-b of this chapter, or the
51 record of liabilities incurred in accordance with section eleven hundred
52 eighty-d of this chapter of the person charged, or the record of liabil-
53 ities incurred in accordance with section eleven hundred eighty-e of
54 this chapter of the person charged, as applicable prior to rendering a
55 final determination. Final determinations sustaining or dismissing
56 charges shall be entered on a final determination roll maintained by the
A. 8832--A 30
1 bureau together with records showing payment and nonpayment of penal-
2 ties.
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, and twenty-two of the laws of two
7 thousand nine] or in accordance with section eleven hundred eleven-d of
8 this chapter, or in accordance with section eleven hundred eleven-e of
9 this chapter, or in accordance with section eleven hundred
10 seventy-four-a of this chapter, or fails to contest an allegation of
11 liability in accordance with section eleven hundred eleven-c of this
12 chapter, or fails to contest an allegation of liability incurred in
13 accordance with section eleven hundred eighty-b of this chapter, or
14 fails to contest an allegation of liability incurred in accordance with
15 section eleven hundred eighty-d of this chapter, or fails to contest an
16 allegation of liability incurred in accordance with section eleven
17 hundred eighty-e of this chapter, or fails to appear on a designated
18 hearing date or subsequent adjourned date or fails after a hearing to
19 comply with the determination of a hearing examiner, as prescribed by
20 this article or by rule or regulation of the bureau, such failure to
21 plead, contest, appear or comply shall be deemed, for all purposes, an
22 admission of liability and shall be grounds for rendering and entering a
23 default judgment in an amount provided by the rules and regulations of
24 the bureau. However, after the expiration of the original date
25 prescribed for entering a plea and before a default judgment may be
26 rendered, in such case the bureau shall pursuant to the applicable
27 provisions of law notify such operator or owner, by such form of first
28 class mail as the commission may direct; (1) of the violation charged,
29 or liability in accordance with sections eleven hundred eleven-b of this
30 chapter, [as added by sections sixteen of chapters twenty, and twenty-
31 two of the laws of two thousand nine] or in accordance with section
32 eleven hundred eleven-d of this chapter, or in accordance with section
33 eleven hundred eleven-e of this chapter, or in accordance with section
34 eleven hundred seventy-four-a of this chapter, or liability in accord-
35 ance with section eleven hundred eleven-c of this chapter or liability
36 in accordance with section eleven hundred eighty-b of this chapter
37 alleged, or liability in accordance with section eleven hundred eighty-d
38 of this chapter alleged, or alleged liability in accordance with section
39 eleven hundred eighty-e of this chapter, (2) of the impending default
40 judgment, (3) that such judgment will be entered in the Civil Court of
41 the city in which the bureau has been established, or other court of
42 civil jurisdiction or any other place provided for the entry of civil
43 judgments within the state of New York, and (4) that a default may be
44 avoided by entering a plea or contesting an allegation of liability in
45 accordance with sections eleven hundred eleven-b of this chapter [as
46 added by sections sixteen of chapters twenty, and twenty-two of the laws
47 of two thousand nine] or in accordance with section eleven hundred
48 eleven-d of this chapter or in accordance with section eleven hundred
49 eleven-e of this chapter, or in accordance with section eleven hundred
50 seventy-four-a of this chapter, or contesting an allegation of liability
51 in accordance with section eleven hundred eleven-c of this chapter or
52 contesting an allegation of liability in accordance with section eleven
53 hundred eighty-b of this chapter or contesting an allegation of liabil-
54 ity in accordance with section eleven hundred eighty-d of this chapter,
55 or contesting an allegation of liability in accordance with section
56 eleven hundred eighty-e of this chapter, as appropriate, or making an
A. 8832--A 31
1 appearance within thirty days of the sending of such notice. Pleas
2 entered and allegations contested within that period shall be in the
3 manner prescribed in the notice and not subject to additional penalty or
4 fee. Such notice of impending default judgment shall not be required
5 prior to the rendering and entry thereof in the case of operators or
6 owners who are non-residents of the state of New York. In no case shall
7 a default judgment be rendered or, where required, a notice of impending
8 default judgment be sent, more than two years after the expiration of
9 the time prescribed for entering a plea or contesting an allegation.
10 When a person has demanded a hearing, no fine or penalty shall be
11 imposed for any reason, prior to the holding of the hearing. If the
12 hearing examiner shall make a determination on the charges, sustaining
13 them, he or she shall impose no greater penalty or fine than those upon
14 which the person was originally charged.
15 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
16 law, as separately amended by sections 7-b of chapters 145 and 148 of
17 the laws of 2019, are amended to read as follows:
18 1. The hearing examiner shall make a determination on the charges,
19 either sustaining or dismissing them. Where the hearing examiner deter-
20 mines that the charges have been sustained he or she may examine the
21 prior parking violations record or the record of liabilities incurred in
22 accordance with section eleven hundred eleven-e of this chapter of the
23 person charged, or the record of liabilities incurred in accordance with
24 section eleven hundred seventy-four-a of this chapter of the person
25 charged, or the record of liabilities incurred in accordance with
26 section eleven hundred eleven-d of this chapter of the person charged,
27 or the record of liabilities incurred in accordance with section eleven
28 hundred eleven-c of this chapter, or the record of liabilities incurred
29 in accordance with section eleven hundred eighty-b of this chapter, or
30 the record of liabilities incurred in accordance with section eleven
31 hundred eighty-d of this chapter of the person charged, or the record of
32 liabilities incurred in accordance with section eleven hundred eighty-e
33 of this chapter of the person charged, as applicable, prior to rendering
34 a final determination. Final determinations sustaining or dismissing
35 charges shall be entered on a final determination roll maintained by the
36 bureau together with records showing payment and nonpayment of penal-
37 ties.
38 2. Where an operator or owner fails to enter a plea to a charge of a
39 parking violation or contest an allegation of liability in accordance
40 with section eleven hundred seventy-four-a of this chapter, or contest
41 an allegation of liability in accordance with section eleven hundred
42 eleven-e of this chapter, or contest an allegation of liability in
43 accordance with section eleven hundred eleven-d of this chapter, or
44 fails to contest an allegation of liability in accordance with section
45 eleven hundred eleven-c of this chapter, or fails to contest an allega-
46 tion of liability incurred in accordance with section eleven hundred
47 eighty-b of this chapter, or fails to contest an allegation of liability
48 incurred in accordance with section eleven hundred eighty-d of this
49 chapter, or fails to contest an allegation of liability incurred in
50 accordance with section eleven hundred eighty-e of this chapter, or
51 fails to appear on a designated hearing date or subsequent adjourned
52 date or fails after a hearing to comply with the determination of a
53 hearing examiner, as prescribed by this article or by rule or regulation
54 of the bureau, such failure to plead, appear or comply shall be deemed,
55 for all purposes, an admission of liability and shall be grounds for
56 rendering and entering a default judgment in an amount provided by the
A. 8832--A 32
1 rules and regulations of the bureau. However, after the expiration of
2 the original date prescribed for entering a plea and before a default
3 judgment may be rendered, in such case the bureau shall pursuant to the
4 applicable provisions of law notify such operator or owner, by such form
5 of first class mail as the commission may direct; (1) of the violation
6 charged, or liability in accordance with section eleven hundred seven-
7 ty-four-a of this chapter, or liability in accordance with section elev-
8 en hundred eleven-e of this chapter, or liability in accordance with
9 section eleven hundred eleven-d of this chapter, or alleged liability in
10 accordance with section eleven hundred eleven-c of this chapter or
11 alleged liability in accordance with section eleven hundred eighty-b of
12 this chapter, or alleged liability in accordance with section eleven
13 hundred eighty-d of this chapter, or liability in accordance with
14 section eleven hundred eighty-e of this chapter alleged, (2) of the
15 impending default judgment, (3) that such judgment will be entered in
16 the Civil Court of the city in which the bureau has been established, or
17 other court of civil jurisdiction or any other place provided for the
18 entry of civil judgments within the state of New York, and (4) that a
19 default may be avoided by entering a plea or contesting an allegation of
20 liability in accordance with section eleven hundred seventy-four-a of
21 this chapter or contesting an allegation of liability in accordance with
22 section eleven hundred eleven-e of this chapter or contesting an allega-
23 tion of liability in accordance with section eleven hundred eleven-d of
24 this chapter or contesting an allegation of liability in accordance with
25 section eleven hundred eleven-c of this chapter or contesting an allega-
26 tion of liability in accordance with section eleven hundred eighty-b of
27 this chapter or contesting an allegation of liability in accordance with
28 section eleven hundred eighty-d of this chapter or contesting an allega-
29 tion of liability in accordance with section eleven hundred eighty-e of
30 this chapter or making an appearance within thirty days of the sending
31 of such notice. Pleas entered and allegations contested within that
32 period shall be in the manner prescribed in the notice and not subject
33 to additional penalty or fee. Such notice of impending default judgment
34 shall not be required prior to the rendering and entry thereof in the
35 case of operators or owners who are non-residents of the state of New
36 York. In no case shall a default judgment be rendered or, where
37 required, a notice of impending default judgment be sent, more than two
38 years after the expiration of the time prescribed for entering a plea or
39 contesting an allegation. When a person has demanded a hearing, no fine
40 or penalty shall be imposed for any reason, prior to the holding of the
41 hearing. If the hearing examiner shall make a determination on the
42 charges, sustaining them, he or she shall impose no greater penalty or
43 fine than those upon which the person was originally charged.
44 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
45 law, as separately amended by sections 7-c of chapters 145 and 148 of
46 the laws of 2019, are amended to read as follows:
47 1. The hearing examiner shall make a determination on the charges,
48 either sustaining or dismissing them. Where the hearing examiner deter-
49 mines that the charges have been sustained he or she may examine either
50 the prior parking violations record or the record of liabilities
51 incurred in accordance with section eleven hundred eleven-d of this
52 chapter of the person charged, or the record of liabilities incurred in
53 accordance with section eleven hundred seventy-four-a of this chapter of
54 the person charged, or the record of liabilities incurred in accordance
55 with section eleven hundred eleven-e of this chapter of the person
56 charged or the record of liabilities incurred in accordance with section
A. 8832--A 33
1 eleven hundred eighty-b of this chapter, or the record of liabilities
2 incurred in accordance with section eleven hundred eighty-d of this
3 chapter of the person charged, or the record of liabilities incurred in
4 accordance with section eleven hundred eighty-e of this chapter of the
5 person charged, as applicable, prior to rendering a final determination.
6 Final determinations sustaining or dismissing charges shall be entered
7 on a final determination roll maintained by the bureau together with
8 records showing payment and nonpayment of penalties.
9 2. Where an operator or owner fails to enter a plea to a charge of a
10 parking violation or contest an allegation of liability in accordance
11 with section eleven hundred seventy-four-a of this chapter, or contest
12 an allegation of liability in accordance with section eleven hundred
13 eleven-e of this chapter or contest an allegation of liability in
14 accordance with section eleven hundred eleven-d of this chapter or fails
15 to contest an allegation of liability incurred in accordance with
16 section eleven hundred eighty-b of this chapter or fails to contest an
17 allegation of liability incurred in accordance with section eleven
18 hundred eighty-d of this chapter or fails to contest an allegation of
19 liability incurred in accordance with section eleven hundred eighty-e of
20 this chapter or fails to appear on a designated hearing date or subse-
21 quent adjourned date or fails after a hearing to comply with the deter-
22 mination of a hearing examiner, as prescribed by this article or by rule
23 or regulation of the bureau, such failure to plead, contest, appear or
24 comply shall be deemed, for all purposes, an admission of liability and
25 shall be grounds for rendering and entering a default judgment in an
26 amount provided by the rules and regulations of the bureau. However,
27 after the expiration of the original date prescribed for entering a plea
28 and before a default judgment may be rendered, in such case the bureau
29 shall pursuant to the applicable provisions of law notify such operator
30 or owner, by such form of first class mail as the commission may direct;
31 (1) of the violation charged or liability in accordance with section
32 eleven hundred seventy-four-a of this chapter or liability in accordance
33 with section eleven hundred eleven-e of this chapter 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, or liability in accordance with section eleven hundred
37 eighty-d of this chapter alleged, or liability in accordance with
38 section eleven hundred eighty-e of this chapter alleged, (2) of the
39 impending default judgment, (3) that such judgment will be entered in
40 the Civil Court of the city in which the bureau has been established, or
41 other court of civil jurisdiction or any other place provided for the
42 entry of civil judgments within the state of New York, and (4) that a
43 default may be avoided by entering a plea or contesting an allegation of
44 liability in accordance with section eleven hundred seventy-four-a of
45 this chapter or contesting an allegation of liability in accordance with
46 section eleven hundred eleven-e of this chapter or contesting an allega-
47 tion of liability in accordance with section eleven hundred eleven-d of
48 this chapter or contesting an allegation of liability in accordance with
49 section eleven hundred eighty-b of this chapter or contesting an allega-
50 tion of liability in accordance with section eleven hundred eighty-d of
51 this chapter or contesting an allegation of liability in accordance with
52 section eleven hundred eighty-e of this chapter or making an appearance
53 within thirty days of the sending of such notice. Pleas entered and
54 allegations contested within that period shall be in the manner
55 prescribed in the notice and not subject to additional penalty or fee.
56 Such notice of impending default judgment shall not be required prior to
A. 8832--A 34
1 the rendering and entry thereof in the case of operators or owners who
2 are non-residents of the state of New York. In no case shall a default
3 judgment be rendered or, where required, a notice of impending default
4 judgment be sent, more than two years after the expiration of the time
5 prescribed for entering a plea or contesting an allegation. When a
6 person has demanded a hearing, no fine or penalty shall be imposed for
7 any reason, prior to the holding of the hearing. If the hearing examiner
8 shall make a determination on the charges, sustaining them, he or she
9 shall impose no greater penalty or fine than those upon which the person
10 was originally charged.
11 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
12 law, as separately amended by sections 7-d of chapters 145 and 148 of
13 the laws of 2019, are amended to read as follows:
14 1. The hearing examiner shall make a determination on the charges,
15 either sustaining or dismissing them. Where the hearing examiner deter-
16 mines that the charges have been sustained he or she may examine either
17 the prior parking violations record or the record of liabilities
18 incurred in accordance with section eleven hundred seventy-four-a of
19 this chapter of the person charged or the record of liabilities incurred
20 in accordance with section eleven hundred eleven-e of this chapter of
21 the person charged or the record of liabilities incurred in accordance
22 with section eleven hundred eleven-d of this chapter of the person
23 charged or the record of liabilities incurred in accordance with section
24 eleven hundred eighty-d of this chapter of the person charged, or the
25 record of liabilities incurred in accordance with section eleven hundred
26 eighty-e of this chapter of the person charged, as applicable, prior to
27 rendering a final determination. Final determinations sustaining or
28 dismissing charges shall be entered on a final determination roll main-
29 tained by the bureau together with records showing payment and nonpay-
30 ment of penalties.
31 2. Where an operator or owner fails to enter a plea to a charge of a
32 parking violation or contest an allegation of liability in accordance
33 with section eleven hundred seventy-four-a of this chapter, or contest
34 an allegation of liability in accordance with section eleven hundred
35 eleven-e of this chapter or contest an allegation of liability in
36 accordance with section eleven hundred eleven-d of this chapter or
37 contest an allegation of liability incurred in accordance with section
38 eleven hundred eighty-d of this chapter or contest an allegation of
39 liability incurred in accordance with section eleven hundred eighty-e of
40 this chapter or fails to appear on a designated hearing date or subse-
41 quent adjourned date or fails after a hearing to comply with the deter-
42 mination of a hearing examiner, as prescribed by this article or by rule
43 or regulation of the bureau, such failure to plead, contest, appear or
44 comply shall be deemed, for all purposes, an admission of liability and
45 shall be grounds for rendering and entering a default judgment in an
46 amount provided by the rules and regulations of the bureau. However,
47 after the expiration of the original date prescribed for entering a plea
48 and before a default judgment may be rendered, in such case the bureau
49 shall pursuant to the applicable provisions of law notify such operator
50 or owner, by such form of first class mail as the commission may direct;
51 (1) of the violation charged or liability in accordance with section
52 eleven hundred seventy-four-a of this chapter or liability in accordance
53 with section eleven hundred eleven-e of this chapter alleged or liabil-
54 ity in accordance with section eleven hundred eleven-d of this chapter
55 alleged or liability in accordance with section eleven hundred eighty-d
56 of this chapter alleged or liability in accordance with section eleven
A. 8832--A 35
1 hundred eighty-e of this chapter alleged, (2) of the impending default
2 judgment, (3) that such judgment will be entered in the Civil Court of
3 the city in which the bureau has been established, or other court of
4 civil jurisdiction or any other place provided for the entry of civil
5 judgments within the state of New York, and (4) that a default may be
6 avoided by entering a plea or contesting an allegation of liability in
7 accordance with section eleven hundred seventy-four-a of this chapter or
8 contesting an allegation of liability in accordance with section eleven
9 hundred eleven-e of this chapter or contesting an allegation of liabil-
10 ity in accordance with section eleven hundred eleven-d of this chapter
11 or contesting an allegation of liability in accordance with section
12 eleven hundred eighty-d of this chapter or contesting an allegation of
13 liability in accordance with section eleven hundred eighty-e of this
14 chapter or making an appearance within thirty days of the sending of
15 such notice. Pleas entered and allegations contested within that period
16 shall be in the manner prescribed in the notice and not subject to addi-
17 tional penalty or fee. Such notice of impending default judgment shall
18 not be required prior to the rendering and entry thereof in the case of
19 operators or owners who are non-residents of the state of New York. In
20 no case shall a default judgment be rendered or, where required, a
21 notice of impending default judgment be sent, more than two years after
22 the expiration of the time prescribed for entering a plea or contesting
23 an allegation. When a person has demanded a hearing, no fine or penalty
24 shall be imposed for any reason, prior to the holding of the hearing. If
25 the hearing examiner shall make a determination on the charges, sustain-
26 ing them, he or she shall impose no greater penalty or fine than those
27 upon which the person was originally charged.
28 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
29 law, as separately amended by sections 7-e of chapters 145 and 148 of
30 the laws of 2019, are amended to read as follows:
31 1. The hearing examiner shall make a determination on the charges,
32 either sustaining or dismissing them. Where the hearing examiner deter-
33 mines that the charges have been sustained he or she may examine the
34 prior parking violations record or the record of liabilities incurred in
35 accordance with section eleven hundred eleven-e of this chapter of the
36 person charged or the record of liabilities incurred in accordance with
37 section eleven hundred eighty-d of this chapter or the record of liabil-
38 ities incurred in accordance with section eleven hundred eighty-e of
39 this chapter of the person charged, as applicable, prior to rendering a
40 final determination or the record of liabilities incurred in accordance
41 with section eleven hundred seventy-four-a of this chapter of the person
42 charged, as applicable, prior to rendering a final determination. Final
43 determinations sustaining or dismissing charges shall be entered on a
44 final determination roll maintained by the bureau together with records
45 showing payment and nonpayment of penalties.
46 2. Where an operator or owner fails to enter a plea to a charge of a
47 parking violation or contest an allegation of liability in accordance
48 with section eleven hundred seventy-four-a of this chapter, or contest
49 an allegation of liability in accordance with section eleven hundred
50 eleven-e of this chapter or contest an allegation of liability incurred
51 in accordance with section eleven hundred eighty-d of this chapter or
52 contest an allegation of liability incurred in accordance with section
53 eleven hundred eighty-e of this chapter or fails to appear on a desig-
54 nated hearing date or subsequent adjourned date or fails after a hearing
55 to comply with the determination of a hearing examiner, as prescribed by
56 this article or by rule or regulation of the bureau, such failure to
A. 8832--A 36
1 plead, contest, appear or comply shall be deemed, for all purposes, an
2 admission of liability and shall be grounds for rendering and entering a
3 default judgment in an amount provided by the rules and regulations of
4 the bureau. However, after the expiration of the original date
5 prescribed for entering a plea and before a default judgment may be
6 rendered, in such case the bureau shall pursuant to the applicable
7 provisions of law notify such operator or owner, by such form of first
8 class mail as the commission may direct; (1) of the violation charged or
9 liability in accordance with section eleven hundred eleven-e of this
10 chapter alleged or liability in accordance with section eleven hundred
11 seventy-four-a of this chapter or liability in accordance with section
12 eleven hundred eighty-d of this chapter alleged or liability in accord-
13 ance with section eleven hundred eighty-e of this chapter alleged, (2)
14 of the impending default judgment, (3) that such judgment will be
15 entered in the Civil Court of the city in which the bureau has been
16 established, or other court of civil jurisdiction or any other place
17 provided for the entry of civil judgments within the state of New York,
18 and (4) that a default may be avoided by entering a plea or contesting
19 an allegation of liability in accordance with section eleven hundred
20 eleven-e of this chapter or contesting an allegation of liability in
21 accordance with section eleven hundred seventy-four-a of this chapter or
22 contesting an allegation of liability in accordance with section eleven
23 hundred eighty-d of this chapter or contesting an allegation of liabil-
24 ity in accordance with section eleven hundred eighty-e of this chapter
25 or making an appearance within thirty days of the sending of such
26 notice. Pleas entered and allegations contested within that period
27 shall be in the manner prescribed in the notice and not subject to addi-
28 tional penalty or fee. Such notice of impending default judgment shall
29 not be required prior to the rendering and entry thereof in the case of
30 operators or owners who are non-residents of the state of New York. In
31 no case shall a default judgment be rendered or, where required, a
32 notice of impending default judgment be sent, more than two years after
33 the expiration of the time prescribed for entering a plea or contesting
34 an allegation. When a person has demanded a hearing, no fine or penalty
35 shall be imposed for any reason, prior to the holding of the hearing. If
36 the hearing examiner shall make a determination on the charges, sustain-
37 ing them, he or she shall impose no greater penalty or fine than those
38 upon which the person was originally charged.
39 § 7-g. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
40 law, as separately amended by sections 7-f of chapters 145 and 148 of
41 the laws of 2019, are amended to read as follows:
42 1. The hearing examiner shall make a determination on the charges,
43 either sustaining or dismissing them. Where the hearing examiner deter-
44 mines that the charges have been sustained he or she may examine the
45 prior parking violations record or the record of liabilities incurred in
46 accordance with section eleven hundred seventy-four-a of this chapter or
47 the record of liabilities incurred in accordance with section eleven
48 hundred eighty-d of this chapter or the record of liabilities incurred
49 in accordance with section eleven hundred eighty-e of this chapter of
50 the person charged, as applicable, prior to rendering a final determi-
51 nation. Final determinations sustaining or dismissing charges shall be
52 entered on a final determination roll maintained by the bureau together
53 with records showing payment and nonpayment of penalties.
54 2. Where an operator or owner fails to enter a plea to a charge of a
55 parking violation or contest an allegation of liability in accordance
56 with section eleven hundred seventy-four-a of this chapter, or contest
A. 8832--A 37
1 an allegation of liability incurred in accordance with section eleven
2 hundred eighty-d of this chapter or contest an allegation of liability
3 incurred in accordance with section eleven hundred eighty-e of this
4 chapter or fails to appear on a designated hearing date or subsequent
5 adjourned date or fails after a hearing to comply with the determination
6 of a hearing examiner, as prescribed by this article or by rule or regu-
7 lation of the bureau, such failure to plead, contest, appear or comply
8 shall be deemed, for all purposes, an admission of liability and shall
9 be grounds for rendering and entering a default judgment in an amount
10 provided by the rules and regulations of the bureau. However, after the
11 expiration of the original date prescribed for entering a plea and
12 before a default judgment may be rendered, in such case the bureau shall
13 pursuant to the applicable provisions of law notify such operator or
14 owner, by such form of first class mail as the commission may direct;
15 (1) of the violation charged or liability in accordance with section
16 eleven hundred eighty-d of this chapter alleged or liability in accord-
17 ance with section eleven hundred eighty-e of this chapter alleged, (2)
18 of the impending default judgment, (3) that such judgment will be
19 entered in the Civil Court of the city in which the bureau has been
20 established, or other court of civil jurisdiction or any other place
21 provided for the entry of civil judgments within the state of New York,
22 and (4) that a default may be avoided by entering a plea or contesting
23 an allegation of liability in accordance with section eleven hundred
24 eighty-d of this chapter or contesting an allegation of liability in
25 accordance with section eleven hundred eighty-e of this chapter or
26 making an appearance within thirty days of the sending of such notice.
27 Pleas entered and allegations contested within that period shall be in
28 the manner prescribed in the notice and not subject to additional penal-
29 ty or fee. Such notice of impending default judgment shall not be
30 required prior to the rendering and entry thereof in the case of opera-
31 tors or owners who are non-residents of the state of New York. In no
32 case shall a default judgment be rendered or, where required, a notice
33 of impending default judgment be sent, more than two years after the
34 expiration of the time prescribed for entering a plea or contesting an
35 allegation. When a person has demanded a hearing, no fine or penalty
36 shall be imposed for any reason, prior to the holding of the hearing. If
37 the hearing examiner shall make a determination on the charges, sustain-
38 ing them, he or she shall impose no greater penalty or fine than those
39 upon which the person was originally charged.
40 § 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as
41 added by chapter 715 of the laws of 1972, is amended to read as follows:
42 1. The hearing examiner shall make a determination on the charges,
43 either sustaining or dismissing them. Where the hearing examiner deter-
44 mines that the charges have been sustained he or she may examine either
45 the prior parking violations record or the record of liabilities
46 incurred in accordance with section eleven hundred eighty-e of this
47 chapter of the person charged, as applicable, prior to rendering a final
48 determination. Final determinations sustaining or dismissing charges
49 shall be entered on a final determination roll maintained by the bureau
50 together with records showing payment and nonpayment of penalties.
51 § 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as
52 amended by chapter 365 of the laws of 1978, is amended to read as
53 follows:
54 2. Where an operator or owner fails to enter a plea to a charge of a
55 parking violation or contest an allegation of liability incurred in
56 accordance with section eleven hundred eighty-e of this chapter or fails
A. 8832--A 38
1 to appear on a designated hearing date or subsequent adjourned date or
2 fails after a hearing to comply with the determination of a hearing
3 examiner, as prescribed by this article or by rule or regulation of the
4 bureau, such failure to plead, contest, appear or comply shall be
5 deemed, for all purposes, an admission of liability and shall be grounds
6 for rendering and entering a default judgment in an amount provided by
7 the rules and regulations of the bureau. However, after the expiration
8 of the original date prescribed for entering a plea or contesting an
9 allegation and before a default judgment may be rendered, in such case
10 the bureau shall pursuant to the applicable provisions of law notify
11 such operator or owner, by such form of first class mail as the commis-
12 sion may direct; (1) of the violation charged, or liability in accord-
13 ance with section eleven hundred eighty-e of this chapter alleged, (2)
14 of the impending default judgment, (3) that such judgment will be
15 entered in the Civil Court of the city in which the bureau has been
16 established, or other court of civil jurisdiction or any other place
17 provided for the entry of civil judgments within the state of New York,
18 and (4) that a default may be avoided by entering a plea or contesting
19 an allegation of liability in accordance with section eleven hundred
20 eighty-e of this chapter or making an appearance within thirty days of
21 the sending of such notice. Pleas entered and allegations contested
22 within that period shall be in the manner prescribed in the notice and
23 not subject to additional penalty or fee. Such notice of impending
24 default judgment shall not be required prior to the rendering and entry
25 thereof in the case of operators or owners who are non-residents of the
26 state of New York. In no case shall a default judgment be rendered or,
27 where required, a notice of impending default judgment be sent, more
28 than two years after the expiration of the time prescribed for entering
29 a plea or contesting an allegation. When a person has demanded a hear-
30 ing, no fine or penalty shall be imposed for any reason, prior to the
31 holding of the hearing. If the hearing examiner shall make a determi-
32 nation on the charges, sustaining them, he or she shall impose no great-
33 er penalty or fine than those upon which the person was originally
34 charged.
35 § 8. The vehicle and traffic law is amended by adding a new section
36 1180-e to read as follows:
37 § 1180-e. Owner liability for failure of operator to comply with
38 certain posted maximum speed limits. (a) 1. Notwithstanding any other
39 provision of law, the commissioner of transportation is hereby author-
40 ized to establish a demonstration program imposing monetary liability on
41 the owner of a vehicle for failure of an operator thereof to comply with
42 posted maximum speed limits in a highway construction or maintenance
43 work area located on a controlled-access highway under the commission-
44 er's jurisdiction (i) when a work area speed limit is in effect as
45 provided in paragraph two of subdivision (d) or subdivision (f) of
46 section eleven hundred eighty of this article or (ii) when other speed
47 limits are in effect as provided in subdivision (b) or (g) or paragraph
48 one of subdivision (d) of section eleven hundred eighty of this article.
49 Such demonstration program shall empower the commissioner to install
50 photo speed violation monitoring systems within highway construction or
51 maintenance work areas located on controlled-access highways under the
52 commissioner's jurisdiction and to operate such systems within such work
53 areas (iii) when a work area speed limit is in effect as provided in
54 paragraph two of subdivision (d) or subdivision (f) of section eleven
55 hundred eighty of this article or (iv) when other speed limits are in
56 effect as provided in subdivision (b) or (g) or paragraph one of subdi-
A. 8832--A 39
1 vision (d) of section eleven hundred eighty of this article. The
2 commissioner, in consultation with the superintendent of the division of
3 state police, shall determine the location of the highway construction
4 or maintenance work areas located on a controlled access highway under
5 the jurisdiction of the commissioner in which to install and operate
6 photo speed violation monitoring systems. In selecting a highway
7 construction or maintenance work area in which to install and operate a
8 photo speed violation monitoring system, the commissioner shall consider
9 criteria including, but not limited to, the speed data, crash history,
10 and roadway geometry applicable to such highway construction or mainte-
11 nance work area.
12 2. Notwithstanding any other provision of law, the chair of the thru-
13 way authority is hereby authorized to establish a demonstration program
14 imposing monetary liability on the owner of a vehicle for failure of an
15 operator thereof to comply with posted maximum speed limits in a highway
16 construction or maintenance work area located on the thruway (i) when a
17 work area speed limit is in effect as provided in paragraph two of
18 subdivision (d) or subdivision (f) of section eleven hundred eighty of
19 this article or (ii) when other speed limits are in effect as provided
20 in subdivision (b) or (g) or paragraph one of subdivision (d) of section
21 eleven hundred eighty of this article. Such demonstration program shall
22 empower the chair to install photo speed violation monitoring systems
23 within highway construction or maintenance work areas located on the
24 thruway and to operate such systems within such work areas (iii) when a
25 work area speed limit is in effect as provided in paragraph two of
26 subdivision (d) or subdivision (f) of section eleven hundred eighty of
27 this article or (iv) when other speed limits are in effect as provided
28 in subdivision (b) or (g) or paragraph one of subdivision (d) of section
29 eleven hundred eighty of this article. The chair, in consultation with
30 the superintendent of the division of state police, shall determine the
31 location of the highway construction or maintenance work areas located
32 on the thruway in which to install and operate photo speed violation
33 monitoring systems. In selecting a highway construction or maintenance
34 work area in which to install and operate a photo speed violation moni-
35 toring system, the chair shall consider criteria including, but not
36 limited to, the speed data, crash history, and roadway geometry applica-
37 ble to such highway construction or maintenance work area.
38 3. No photo speed violation monitoring system shall be used in a high-
39 way construction or maintenance work area unless (i) on the day it is to
40 be used it has successfully passed a self-test of its functions; and
41 (ii) it has undergone an annual calibration check performed pursuant to
42 paragraph five of this subdivision. The commissioner or chair, as appli-
43 cable, shall install signs giving notice that a photo speed violation
44 monitoring system is in use, in conformance with standards established
45 in the MUTCD.
46 4. Operators of photo speed violation monitoring systems shall have
47 completed training in the procedures for setting up, testing, and oper-
48 ating such systems. Each such operator shall complete and sign a daily
49 set-up log for each such system that he or she operates that (i) states
50 the date and time when, and the location where, the system was set up
51 that day, and (ii) states that such operator successfully performed, and
52 the system passed, the self-tests of such system before producing a
53 recorded image that day. The commissioner or the chair, as applicable,
54 shall retain each such daily log until the later of the date on which
55 the photo speed violation monitoring system to which it applies has been
56 permanently removed from use or the final resolution of all cases
A. 8832--A 40
1 involving notices of liability issued based on photographs, microphoto-
2 graphs, video or other recorded images produced by such system.
3 5. Each photo speed violation monitoring system shall undergo an annu-
4 al calibration check performed by an independent calibration laboratory
5 which shall issue a signed certificate of calibration. The commissioner
6 or the chair, as applicable, shall keep each such annual certificate of
7 calibration on file until the final resolution of all cases involving a
8 notice of liability issued during such year which were based on photo-
9 graphs, microphotographs, videotape or other recorded images produced by
10 such photo speed violation monitoring system.
11 6. (i) Such demonstration program shall utilize necessary technologies
12 to ensure, to the extent practicable, that photographs, microphoto-
13 graphs, videotape or other recorded images produced by such photo speed
14 violation monitoring systems shall not include images that identify the
15 driver, the passengers, or the contents of the vehicle. Provided, howev-
16 er, that no notice of liability issued pursuant to this section shall be
17 dismissed solely because such a photograph, microphotograph, videotape
18 or other recorded image allows for the identification of the driver, the
19 passengers, or the contents of vehicles where the commissioner or the
20 chair, as applicable, shows that they made reasonable efforts to comply
21 with the provisions of this paragraph in such case.
22 (ii) Photographs, microphotographs, videotape or any other recorded
23 image from a photo speed violation monitoring system shall be for the
24 exclusive use of the commissioner or the chair, as applicable, for the
25 purpose of the adjudication of liability imposed pursuant to this
26 section and of the owner receiving a notice of liability pursuant to
27 this section, and shall be destroyed by the commissioner or chair, as
28 applicable, upon the final resolution of the notice of liability to
29 which such photographs, microphotographs, videotape or other recorded
30 images relate, or one year following the date of issuance of such notice
31 of liability, whichever is later. Notwithstanding the provisions of any
32 other law, rule or regulation to the contrary, photographs, microphoto-
33 graphs, videotape or any other recorded image from a photo speed
34 violation monitoring system shall not be open to the public, nor subject
35 to civil or criminal process or discovery, nor used by any court or
36 administrative or adjudicatory body in any action or proceeding therein
37 except that which is necessary for the adjudication of a notice of
38 liability issued pursuant to this section, and no public entity or
39 employee, officer or agent thereof shall disclose such information,
40 except that such photographs, microphotographs, videotape or any other
41 recorded images from such systems:
42 (A) shall be available for inspection and copying and use by the motor
43 vehicle owner and operator for so long as such photographs, microphoto-
44 graphs, videotape or other recorded images are required to be maintained
45 or are maintained by such public entity, employee, officer or agent; and
46 (B) (1) shall be furnished when described in a search warrant issued
47 by a court authorized to issue such a search warrant pursuant to article
48 six hundred ninety of the criminal procedure law or a federal court
49 authorized to issue such a search warrant under federal law, where such
50 search warrant states that there is reasonable cause to believe such
51 information constitutes evidence of, or tends to demonstrate that, a
52 misdemeanor or felony offense was committed in this state or another
53 state, or that a particular person participated in the commission of a
54 misdemeanor or felony offense in this state or another state, provided,
55 however, that if such offense was against the laws of another state, the
56 court shall only issue a warrant if the conduct comprising such offense
A. 8832--A 41
1 would, if occurring in this state, constitute a misdemeanor or felony
2 against the laws of this state; and
3 (2) shall be furnished in response to a subpoena duces tecum signed by
4 a judge of competent jurisdiction and issued pursuant to article six
5 hundred ten of the criminal procedure law or a judge or magistrate of a
6 federal court authorized to issue such a subpoena duces tecum under
7 federal law, where the judge finds and the subpoena states that there is
8 reasonable cause to believe such information is relevant and material to
9 the prosecution, or the defense, or the investigation by an authorized
10 law enforcement official, of the alleged commission of a misdemeanor or
11 felony in this state or another state, provided, however, that if such
12 offense was against the laws of another state, such judge or magistrate
13 shall only issue such subpoena if the conduct comprising such offense
14 would, if occurring in this state, constitute a misdemeanor or felony in
15 this state; and
16 (3) may, if lawfully obtained pursuant to this clause and clause (A)
17 of this subparagraph and otherwise admissible, be used in such criminal
18 action or proceeding.
19 (b) If the commissioner or chair establishes a demonstration program
20 pursuant to subdivision (a) of this section, the owner of a vehicle
21 shall be liable for a penalty imposed pursuant to this section if such
22 vehicle was used or operated with the permission of the owner, express
23 or implied, within a highway construction or maintenance work area
24 located on a controlled-access highway under the jurisdiction of the
25 commissioner or on the thruway in violation of paragraph two of subdivi-
26 sion (d) or subdivision (f), or when other speed limits are in effect in
27 violation of subdivision (b) or (g) or paragraph one of subdivision (d),
28 of section eleven hundred eighty of this article, such vehicle was trav-
29 eling at a speed of more than ten miles per hour above the posted speed
30 limit in effect within such highway construction or maintenance work
31 area, and such violation is evidenced by information obtained from a
32 photo speed violation monitoring system; provided however that no owner
33 of a vehicle shall be liable for a penalty imposed pursuant to this
34 section where the operator of such vehicle has been convicted of the
35 underlying violation of subdivision (b), (d), (f) or (g) of section
36 eleven hundred eighty of this article.
37 (c) For purposes of this section, the following terms shall have the
38 following meanings:
39 1. "chair" shall mean the chair of the New York state thruway authori-
40 ty;
41 2. "commissioner" shall mean the commissioner of transportation;
42 3. "manual on uniform traffic control devices" or "MUTCD" shall mean
43 the manual and specifications for a uniform system of traffic control
44 devices maintained by the commissioner of transportation pursuant to
45 section sixteen hundred eighty of this chapter;
46 4. "owner" shall have the meaning provided in article two-B of this
47 chapter;
48 5. "photo speed violation monitoring system" shall mean a vehicle
49 sensor installed to work in conjunction with a speed measuring device
50 which automatically produces two or more photographs, two or more micro-
51 photographs, a videotape or other recorded images of each vehicle at the
52 time it is used or operated in a highway construction or maintenance
53 work area located on a controlled-access highway under the jurisdiction
54 of the commissioner or on the thruway in violation of subdivision (b),
55 (d), (f) or (g) of section eleven hundred eighty of this article in
56 accordance with the provisions of this section;
A. 8832--A 42
1 6. "thruway authority" shall mean the New York state thruway authori-
2 ty, a body corporate and politic constituting a public corporation
3 created and constituted pursuant to title nine of article two of the
4 public authorities law; and
5 7. "thruway" shall mean generally a divided highway under the juris-
6 diction of the thruway authority for mixed traffic with access limited
7 as the authority may determine and generally with grade separations at
8 intersections.
9 (d) A certificate, sworn to or affirmed by a technician employed by
10 the commissioner or chair as applicable, or a facsimile thereof, based
11 upon inspection of photographs, microphotographs, videotape or other
12 recorded images produced by a photo speed violation monitoring system,
13 shall be prima facie evidence of the facts contained therein. Any photo-
14 graphs, microphotographs, videotape or other recorded images evidencing
15 such a violation shall include at least two date and time stamped images
16 of the rear of the motor vehicle that include the same stationary object
17 near the motor vehicle and shall be available for inspection reasonably
18 in advance of and at any proceeding to adjudicate the liability for such
19 violation pursuant to this section.
20 (e) An owner liable for a violation of subdivision (b), (d), (f) or
21 (g) of section eleven hundred eighty of this article pursuant to a
22 demonstration program established pursuant to this section shall be
23 liable for monetary penalties not to exceed fifty dollars for each
24 violation; provided, however, that an additional penalty not in excess
25 of twenty-five dollars for each violation may be imposed for the failure
26 to respond to a notice of liability within the prescribed time period.
27 (f) An imposition of liability under the demonstration program estab-
28 lished pursuant to this section shall not be deemed a conviction as an
29 operator and shall not be made part of the operating record of the
30 person upon whom such liability is imposed nor shall it be used for
31 insurance purposes in the provision of motor vehicle insurance coverage.
32 (g) 1. A notice of liability shall be sent by first class mail to each
33 person alleged to be liable as an owner for a violation of subdivision
34 (b), (d), (f) or (g) of section eleven hundred eighty of this article
35 pursuant to this section, within fourteen business days if such owner is
36 a resident of this state and within forty-five business days if such
37 owner is a non-resident. Personal delivery on the owner shall not be
38 required. A manual or automatic record of mailing prepared in the ordi-
39 nary course of business shall be prima facie evidence of the facts
40 contained therein.
41 2. A notice of liability shall contain the name and address of the
42 person alleged to be liable as an owner for a violation of subdivision
43 (b), (d), (f) or (g) of section eleven hundred eighty of this article
44 pursuant to this section, the registration number of the vehicle
45 involved in such violation, the location where such violation took
46 place, the date and time of such violation, the identification number of
47 the camera which recorded the violation or other document locator
48 number, at least two date and time stamped images of the rear of the
49 motor vehicle that include the same stationary object near the motor
50 vehicle, and the certificate charging the liability.
51 3. The notice of liability shall contain information advising the
52 person charged of the manner and the time in which he or she may contest
53 the liability alleged in the notice. Such notice of liability shall also
54 contain a prominent warning to advise the person charged that failure to
55 contest in the manner and time provided shall be deemed an admission of
56 liability and that a default judgment may be entered thereon.
A. 8832--A 43
1 4. The notice of liability shall be prepared and mailed by the commis-
2 sioner or chair as applicable, or by any other entity authorized by the
3 commissioner or chair to prepare and mail such notice of liability.
4 (h) Adjudication of the liability imposed upon owners of this section
5 shall be by a traffic violations bureau established pursuant to section
6 three hundred seventy of the general municipal law where the violation
7 occurred or, if there be none, by the court having jurisdiction over
8 traffic infractions where the violation occurred, except that if a city
9 has established an administrative tribunal to hear and determine
10 complaints of traffic infractions constituting parking, standing or
11 stopping violations such city may, by local law, authorize such adjudi-
12 cation by such tribunal.
13 (i) If an owner receives a notice of liability pursuant to this
14 section for any time period during which the vehicle or the number plate
15 or plates of such vehicle was reported to the police department as
16 having been stolen, it shall be a valid defense to an allegation of
17 liability for a violation of subdivision (b), (d), (f) or (g) of section
18 eleven hundred eighty of this article pursuant to this section that the
19 vehicle or the number plate or plates of such vehicle had been reported
20 to the police as stolen prior to the time the violation occurred and had
21 not been recovered by such time. For purposes of asserting the defense
22 provided by this subdivision, it shall be sufficient that a certified
23 copy of the police report on the stolen vehicle or number plate or
24 plates of such vehicle be sent by first class mail to the traffic
25 violations bureau, court having jurisdiction or parking violations
26 bureau.
27 (j) 1. Where the adjudication of liability imposed upon owners pursu-
28 ant to this section is by a traffic violations bureau or a court having
29 jurisdiction, an owner who is a lessor of a vehicle to which a notice of
30 liability was issued pursuant to subdivision (g) of this section shall
31 not be liable for the violation of subdivision (b), (d), (f) or (g) of
32 section eleven hundred eighty of this article pursuant to this section,
33 provided that he or she sends to the traffic violations bureau or court
34 having jurisdiction a copy of the rental, lease or other such contract
35 document covering such vehicle on the date of the violation, with the
36 name and address of the lessee clearly legible, within thirty-seven days
37 after receiving notice from the bureau or court of the date and time of
38 such violation, together with the other information contained in the
39 original notice of liability. Failure to send such information within
40 such thirty-seven day time period shall render the owner liable for the
41 penalty prescribed by this section. Where the lessor complies with the
42 provisions of this paragraph, the lessee of such vehicle on the date of
43 such violation shall be deemed to be the owner of such vehicle for
44 purposes of this section, shall be subject to liability for the
45 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
46 eighty of this article pursuant to this section and shall be sent a
47 notice of liability pursuant to subdivision (g) of this section.
48 2. (i) In a city which, by local law, has authorized the adjudication
49 of liability imposed upon owners by this section by a parking violations
50 bureau, an owner who is a lessor of a vehicle to which a notice of
51 liability was issued pursuant to subdivision (g) of this section shall
52 not be liable for the violation of subdivision (b), (d), (f) or (g) of
53 section eleven hundred eighty of this article, provided that:
54 (A) prior to the violation, the lessor has filed with the bureau in
55 accordance with the provisions of section two hundred thirty-nine of
56 this chapter; and
A. 8832--A 44
1 (B) within thirty-seven days after receiving notice from the bureau of
2 the date and time of a liability, together with the other information
3 contained in the original notice of liability, the lessor submits to the
4 bureau the correct name and address of the lessee of the vehicle identi-
5 fied in the notice of liability at the time of such violation, together
6 with such other additional information contained in the rental, lease or
7 other contract document, as may be reasonably required by the bureau
8 pursuant to regulations that may be promulgated for such purpose.
9 (ii) Failure to comply with clause (B) of subparagraph (i) of this
10 paragraph shall render the owner liable for the penalty prescribed in
11 this section.
12 (iii) Where the lessor complies with the provisions of this paragraph,
13 the lessee of such vehicle on the date of such violation shall be deemed
14 to be the owner of such vehicle for purposes of this section, shall be
15 subject to liability for such violation pursuant to this section and
16 shall be sent a notice of liability pursuant to subdivision (g) of this
17 section.
18 (k) 1. If the owner liable for a violation of subdivision (b), (d),
19 (f) or (g) of section eleven hundred eighty of this article pursuant to
20 this section was not the operator of the vehicle at the time of the
21 violation, the owner may maintain an action for indemnification against
22 the operator.
23 2. Notwithstanding any other provision of this section, no owner of a
24 vehicle shall be subject to a monetary fine imposed pursuant to this
25 section if the operator of such vehicle was operating such vehicle with-
26 out the consent of the owner at the time such operator operated such
27 vehicle in violation of subdivision (b), (d), (f) or (g) of section
28 eleven hundred eighty of this article. For purposes of this subdivision
29 there shall be a presumption that the operator of such vehicle was oper-
30 ating such vehicle with the consent of the owner at the time such opera-
31 tor operated such vehicle in violation of subdivision (b), (d), (f) or
32 (g) of section eleven hundred eighty of this article.
33 (l) Nothing in this section shall be construed to limit the liability
34 of an operator of a vehicle for any violation of subdivision (b), (d),
35 (f) or (g) of section eleven hundred eighty of this article.
36 (m) If the commissioner or chair adopts a demonstration program pursu-
37 ant to subdivision (a) of this section the commissioner or chair, as
38 applicable, shall conduct a study and submit a report on the results of
39 the use of photo devices to the governor, the temporary president of the
40 senate and the speaker of the assembly on or before December thirty-
41 first, two thousand twenty-four. Such report shall include:
42 1. the locations where and dates when photo speed violation monitoring
43 systems were used;
44 2. the aggregate number, type and severity of crashes, fatalities,
45 injuries and property damage reported within all highway construction or
46 maintenance work areas on controlled-access highways under the jurisdic-
47 tion of the commissioner or on the thruway, to the extent the informa-
48 tion is maintained by the commissioner, chair or the department of motor
49 vehicles of this state;
50 3. the aggregate number, type and severity of crashes, fatalities,
51 injuries and property damage reported within highway construction or
52 maintenance work areas where photo speed violation monitoring systems
53 were used, to the extent the information is maintained by the commis-
54 sioner, chair or the department of motor vehicles of this state;
55 4. the number of violations recorded within all highway construction
56 or maintenance work areas on controlled-access highways under the juris-
A. 8832--A 45
1 diction of the commissioner or on the thruway, in the aggregate on a
2 daily, weekly and monthly basis to the extent the information is main-
3 tained by the commissioner, chair or the department of motor vehicles of
4 this state;
5 5. the number of violations recorded within each highway construction
6 or maintenance work area where a photo speed violation monitoring system
7 is used, in the aggregate on a daily, weekly and monthly basis;
8 6. to the extent the information is maintained by the commissioner,
9 chair or the department of motor vehicles of this state, the number of
10 violations recorded within all highway construction or maintenance work
11 areas on controlled-access highways under the jurisdiction of the
12 commissioner or on the thruway that were:
13 (i) more than ten but not more than twenty miles per hour over the
14 posted speed limit;
15 (ii) more than twenty but not more than thirty miles per hour over the
16 posted speed limit;
17 (iii) more than thirty but not more than forty miles per hour over the
18 posted speed limit; and
19 (iv) more than forty miles per hour over the posted speed limit;
20 7. the number of violations recorded within each highway construction
21 or maintenance work area where a photo speed violation monitoring system
22 is used that were:
23 (i) more than ten but not more than twenty miles per hour over the
24 posted speed limit;
25 (ii) more than twenty but not more than thirty miles per hour over the
26 posted speed limit;
27 (iii) more than thirty but not more than forty miles per hour over the
28 posted speed limit; and
29 (iv) more than forty miles per hour over the posted speed limit;
30 8. the total number of notices of liability issued for violations
31 recorded by such systems;
32 9. the number of fines and total amount of fines paid after the first
33 notice of liability issued for violations recorded by such systems, to
34 the extent the information is maintained by the commissioner, chair or
35 the department of motor vehicles of this state;
36 10. the number of violations adjudicated and the results of such adju-
37 dications including breakdowns of dispositions made for violations
38 recorded by such systems, to the extent the information is maintained by
39 the commissioner, chair or the department of motor vehicles of this
40 state;
41 11. the total amount of revenue realized by the state or thruway
42 authority in connection with the program;
43 12. the expenses incurred by the state or the thruway authority in
44 connection with the program; and
45 13. the quality of the adjudication process and its results, to the
46 extent the information is maintained by the commissioner, chair or the
47 department of motor vehicles of this state.
48 (n) It shall be a defense to any prosecution for a violation of subdi-
49 vision (b), (d), (f) or (g) of section eleven hundred eighty of this
50 article pursuant to this section that such photo speed violation moni-
51 toring system was malfunctioning at the time of the alleged violation.
52 § 9. The opening paragraph and paragraph (c) of subdivision 1 of
53 section 1809 of the vehicle and traffic law, as separately amended by
54 section 10 of chapter 145 and section 9 of chapter 148 of the laws of
55 2019, are amended to read as follows:
A. 8832--A 46
1 Whenever proceedings in an administrative tribunal or a court of this
2 state result in a conviction for an offense under this chapter or a
3 traffic infraction under this chapter, or a local law, ordinance, rule
4 or regulation adopted pursuant to this chapter, other than a traffic
5 infraction involving standing, stopping, or parking or violations by
6 pedestrians or bicyclists, or other than an adjudication of liability of
7 an owner for a violation of subdivision (d) of section eleven hundred
8 eleven of this chapter in accordance with section eleven hundred
9 eleven-a of this chapter, or other than an adjudication of liability of
10 an owner for a violation of subdivision (d) of section eleven hundred
11 eleven of this chapter in accordance with section eleven hundred
12 eleven-b of this chapter, or other than an adjudication in accordance
13 with section eleven hundred eleven-c of this chapter for a violation of
14 a bus lane restriction as defined in such section, or other than an
15 adjudication of liability of an owner for a violation of subdivision (d)
16 of section eleven hundred eleven of this chapter in accordance with
17 section eleven hundred eleven-d of this chapter, or other than an adju-
18 dication of liability of an owner for a violation of subdivision (b),
19 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
20 accordance with section eleven hundred eighty-b of this chapter, or
21 other than an adjudication of liability of an owner for a violation of
22 subdivision (d) of section eleven hundred eleven of this chapter in
23 accordance with section eleven hundred eleven-e of this chapter, or
24 other than an adjudication of liability of an owner for a violation of
25 section eleven hundred seventy-four of this chapter in accordance with
26 section eleven hundred seventy-four-a of this chapter, or other than an
27 adjudication of liability of an owner for a violation of subdivision
28 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
29 ter in accordance with section eleven hundred eighty-d of this chapter,
30 or other than an adjudication of liability of an owner for a violation
31 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
32 this chapter in accordance with section eleven hundred eighty-e of this
33 chapter, there shall be levied a crime victim assistance fee and a
34 mandatory surcharge, in addition to any sentence required or permitted
35 by law, in accordance with the following schedule:
36 (c) Whenever proceedings in an administrative tribunal or a court of
37 this state result in a conviction for an offense under this chapter
38 other than a crime pursuant to section eleven hundred ninety-two of this
39 chapter, or a traffic infraction under this chapter, or a local law,
40 ordinance, rule or regulation adopted pursuant to this chapter, other
41 than a traffic infraction involving standing, stopping, or parking or
42 violations by pedestrians or bicyclists, or other than an adjudication
43 of liability of an owner for a violation of subdivision (d) of section
44 eleven hundred eleven of this chapter in accordance with section eleven
45 hundred eleven-a of this chapter, or other than an adjudication of
46 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-b 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-d of this chapter, or other than an infraction pursuant
52 to article nine of this chapter or other than an adjudication of liabil-
53 ity of an owner for a violation of toll collection regulations pursuant
54 to section two thousand nine hundred eighty-five of the public authori-
55 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
56 hundred seventy-four of the laws of nineteen hundred fifty or other than
A. 8832--A 47
1 an adjudication in accordance with section eleven hundred eleven-c of
2 this chapter for a violation of a bus lane restriction as defined in
3 such section, or other than an adjudication of liability of an owner for
4 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
5 hundred eighty of this chapter in accordance with section eleven hundred
6 eighty-b of this chapter, or other than an adjudication of liability of
7 an owner for a violation of subdivision (d) of section eleven hundred
8 eleven of this chapter in accordance with section eleven hundred
9 eleven-e of this chapter, or other than an adjudication of liability of
10 an owner for a violation of section eleven hundred seventy-four of this
11 chapter in accordance with section eleven hundred seventy-four-a of this
12 chapter, or other than an adjudication of liability of an owner for a
13 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
14 hundred eighty of this chapter in accordance with section eleven hundred
15 eighty-d of this chapter, or other than an adjudication of liability of
16 an owner for a violation of subdivision (b), (d), (f) or (g) of section
17 eleven hundred eighty of this chapter in accordance with section eleven
18 hundred eighty-e of this chapter, there shall be levied a crime victim
19 assistance fee in the amount of five dollars and a mandatory surcharge,
20 in addition to any sentence required or permitted by law, in the amount
21 of fifty-five dollars.
22 § 9-a. The opening paragraph and paragraph (c) of subdivision 1 of
23 section 1809 of the vehicle and traffic law, as amended by section 10 of
24 chapter 145 of the laws of 2019, are amended to read as follows:
25 Whenever proceedings in an administrative tribunal or a court of this
26 state result in a conviction for an offense under this chapter or a
27 traffic infraction under this chapter, or a local law, ordinance, rule
28 or regulation adopted pursuant to this chapter, other than a traffic
29 infraction involving standing, stopping, or parking or violations by
30 pedestrians or bicyclists, or other than an adjudication of liability of
31 an owner for a violation of subdivision (d) of section eleven hundred
32 eleven of this chapter in accordance with section eleven hundred
33 eleven-a of this chapter, or other than an adjudication of liability of
34 an owner for a violation of subdivision (d) of section eleven hundred
35 eleven of this chapter in accordance with section eleven hundred
36 eleven-b of this chapter, or other than an adjudication in accordance
37 with section eleven hundred eleven-c of this chapter for a violation of
38 a bus lane restriction as defined in such section, or other than an
39 adjudication of liability of an owner for a violation of subdivision (d)
40 of section eleven hundred eleven of this chapter in accordance with
41 section eleven hundred eleven-d of this chapter, or other than an adju-
42 dication of liability of an owner for a violation of subdivision (b),
43 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
44 accordance with section eleven hundred eighty-b of this chapter, or
45 other than an adjudication of liability of an owner for a violation of
46 subdivision (d) of section eleven hundred eleven of this chapter in
47 accordance with section eleven hundred eleven-e of this chapter, or
48 other than an adjudication of liability of an owner for a violation of
49 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
50 this chapter in accordance with section eleven hundred eighty-e of this
51 chapter, or other than an adjudication of liability of an owner for a
52 violation of section eleven hundred seventy-four of this chapter in
53 accordance with section eleven hundred seventy-four-a of this chapter,
54 there shall be levied a crime victim assistance fee and a mandatory
55 surcharge, in addition to any sentence required or permitted by law, in
56 accordance with the following schedule:
A. 8832--A 48
1 (c) Whenever proceedings in an administrative tribunal or a court of
2 this state result in a conviction for an offense under this chapter
3 other than a crime pursuant to section eleven hundred ninety-two of this
4 chapter, or a traffic infraction under this chapter, or a local law,
5 ordinance, rule or regulation adopted pursuant to this chapter, other
6 than a traffic infraction involving standing, stopping, or parking or
7 violations by pedestrians or bicyclists, or other than an adjudication
8 of liability of an owner for a violation of subdivision (d) of section
9 eleven hundred eleven of this chapter in accordance with section eleven
10 hundred eleven-a of this chapter, or other than an adjudication of
11 liability of an owner for a violation of subdivision (d) of section
12 eleven hundred eleven of this chapter in accordance with section eleven
13 hundred eleven-b of this chapter, or other than an adjudication of
14 liability of an owner for a violation of subdivision (d) of section
15 eleven hundred eleven of this chapter in accordance with section eleven
16 hundred eleven-d of this chapter, or other than an infraction pursuant
17 to article nine of this chapter or other than an adjudication of liabil-
18 ity of an owner for a violation of toll collection regulations pursuant
19 to section two thousand nine hundred eighty-five of the public authori-
20 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
21 hundred seventy-four of the laws of nineteen hundred fifty or other than
22 an adjudication in accordance with section eleven hundred eleven-c of
23 this chapter for a violation of a bus lane restriction as defined in
24 such section, or other than an adjudication of liability of an owner for
25 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
26 hundred eighty of this chapter in accordance with section eleven hundred
27 eighty-b of this chapter, or other than an adjudication of liability of
28 an owner for a violation of subdivision (d) of section eleven hundred
29 eleven of this chapter in accordance with section eleven hundred
30 eleven-e of this chapter, or other than an adjudication of liability of
31 an owner for a violation of subdivision (b), (d), (f) or (g) of section
32 eleven hundred eighty of this chapter in accordance with section eleven
33 hundred eighty-e of this chapter, or other than an adjudication of
34 liability of an owner for a violation of section eleven hundred seven-
35 ty-four of this chapter in accordance with section eleven hundred seven-
36 ty-four-a of this chapter, there shall be levied a crime victim assist-
37 ance fee in the amount of five dollars and a mandatory surcharge, in
38 addition to any sentence required or permitted by law, in the amount of
39 fifty-five dollars.
40 § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
41 as separately amended by section 10-a of chapter 145 and section 9-a of
42 chapter 148 of the laws of 2019, is amended to read as follows:
43 1. Whenever proceedings in an administrative tribunal or a court of
44 this state result in a conviction for a crime under this chapter or a
45 traffic infraction under this chapter, or a local law, ordinance, rule
46 or regulation adopted pursuant to this chapter, other than a traffic
47 infraction involving standing, stopping, parking or motor vehicle equip-
48 ment or violations by pedestrians or bicyclists, or other than an adju-
49 dication of liability of an owner for a violation of subdivision (d) of
50 section eleven hundred eleven of this chapter in accordance with section
51 eleven hundred eleven-a of this chapter, or other than an adjudication
52 of liability of an owner for a violation of subdivision (d) of section
53 eleven hundred eleven of this chapter in accordance with section eleven
54 hundred eleven-b of this chapter, or other than an adjudication in
55 accordance with section eleven hundred eleven-c of this chapter for a
56 violation of a bus lane restriction as defined in such section, or other
A. 8832--A 49
1 than an adjudication of liability of an owner for a violation of subdi-
2 vision (d) of section eleven hundred eleven of this chapter in accord-
3 ance with section eleven hundred eleven-d of this chapter, or other than
4 an adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-b of this chapter,
7 or other than an adjudication of liability of an owner for a violation
8 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
9 eighty of this chapter in accordance with section eleven hundred eight-
10 y-d of this chapter, or other than an adjudication of liability of an
11 owner for a violation of subdivision (b), (d), (f) or (g) of section
12 eleven hundred eighty of this chapter in accordance with section eleven
13 hundred eighty-e of this chapter, or other than an adjudication of
14 liability of an owner for a violation of subdivision (d) of section
15 eleven hundred eleven of this chapter in accordance with section eleven
16 hundred eleven-e of this chapter, or other than an adjudication of
17 liability of an owner for a violation of section eleven hundred seven-
18 ty-four of this chapter in accordance with section eleven hundred seven-
19 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
20 in addition to any sentence required or permitted by law, in the amount
21 of twenty-five dollars.
22 § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
23 as separately amended by section 10-b of chapter 145 and section 9-b of
24 chapter 148 of the laws of 2019, is amended to read as follows:
25 1. Whenever proceedings in an administrative tribunal or a court of
26 this state result in a conviction for a crime under this chapter or a
27 traffic infraction under this chapter other than a traffic infraction
28 involving standing, stopping, parking or motor vehicle equipment or
29 violations by pedestrians or bicyclists, or other than an adjudication
30 in accordance with section eleven hundred eleven-c of this chapter for a
31 violation of a bus lane restriction as defined in such section, or other
32 than an adjudication of liability of an owner for a violation of subdi-
33 vision (d) of section eleven hundred eleven of this chapter in accord-
34 ance with section eleven hundred eleven-d of this chapter, or other than
35 an adjudication of liability of an owner for a violation of subdivision
36 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
37 ter in accordance with section eleven hundred eighty-d of this chapter,
38 or other than an adjudication of liability of an owner for a violation
39 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
40 this chapter in accordance with section eleven hundred eighty-e of this
41 chapter, or other than 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-e of this chap-
44 ter, or other than an adjudication of liability of an owner for a
45 violation of section eleven hundred seventy-four of this chapter in
46 accordance with section eleven hundred seventy-four-a of this chapter,
47 there shall be levied a mandatory surcharge, in addition to any sentence
48 required or permitted by law, in the amount of seventeen dollars.
49 § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
50 as separately amended by section 10-c of chapter 145 and section 9-c of
51 chapter 148 of the laws of 2019, is amended to read as follows:
52 1. Whenever proceedings in an administrative tribunal or a court of
53 this state result in a conviction for a crime under this chapter or a
54 traffic infraction under this chapter other than a traffic infraction
55 involving standing, stopping, parking or motor vehicle equipment or
56 violations by pedestrians or bicyclists, or other than an adjudication
A. 8832--A 50
1 of liability of an owner for a violation of subdivision (b), (c), (d),
2 (f) or (g) of section eleven hundred eighty of this chapter in accord-
3 ance with section eleven hundred eighty-b of this chapter, or other than
4 an adjudication of liability of an owner for a violation of subdivision
5 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
6 ter in accordance with section eleven hundred eighty-d of this chapter,
7 or other than an adjudication of liability of an owner for a violation
8 of subdivision (d) of section eleven hundred eleven of this chapter in
9 accordance with section eleven hundred eleven-d of this chapter, or
10 other than an adjudication of liability of an owner for a violation of
11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter in accordance with section eleven hundred eighty-e of this
13 chapter, or other than an adjudication of liability of an owner for a
14 violation of subdivision (d) of section eleven hundred eleven of this
15 chapter in accordance with section eleven hundred eleven-e of this chap-
16 ter, or other than an adjudication of liability of an owner for a
17 violation of section eleven hundred seventy-four of this chapter in
18 accordance with section eleven hundred seventy-four-a of this chapter,
19 there shall be levied a mandatory surcharge, in addition to any sentence
20 required or permitted by law, in the amount of seventeen dollars.
21 § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
22 as separately amended by section 10-d of chapter 145 and section 9-d of
23 chapter 148 of the laws of 2019, is amended to read as follows:
24 1. Whenever proceedings in an administrative tribunal or a court of
25 this state result in a conviction for a crime under this chapter or a
26 traffic infraction under this chapter other than a traffic infraction
27 involving standing, stopping, parking or motor vehicle equipment or
28 violations by pedestrians or bicyclists, or other than an adjudication
29 of liability of an owner for a violation of subdivision (b), (c), (d),
30 (f) or (g) of section eleven hundred eighty of this chapter in accord-
31 ance with section eleven hundred eighty-d of this chapter, or other than
32 an adjudication of liability of an owner for a violation of subdivision
33 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
34 accordance with section eleven hundred eighty-e of this chapter, or
35 other than an adjudication of liability of an owner for a violation of
36 subdivision (d) of section eleven hundred eleven of this chapter in
37 accordance with section eleven hundred eleven-d of this chapter, or
38 other than an adjudication of liability of an owner for a violation of
39 subdivision (d) of section eleven hundred eleven of this chapter in
40 accordance with section eleven hundred eleven-e of this chapter, or
41 other than an adjudication of liability of an owner for a violation of
42 section eleven hundred seventy-four of this chapter in accordance with
43 section eleven hundred seventy-four-a of this chapter, there shall be
44 levied a mandatory surcharge, in addition to any sentence required or
45 permitted by law, in the amount of seventeen dollars.
46 § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
47 as separately amended by section 10-f of chapter 145 and section 9-f of
48 chapter 148 of the laws of 2019, is amended to read as follows:
49 1. Whenever proceedings in an administrative tribunal or a court of
50 this state result in a conviction for a crime under this chapter or a
51 traffic infraction under this chapter other than a traffic infraction
52 involving standing, stopping, parking or motor vehicle equipment or
53 violations by pedestrians or bicyclists, or other than an adjudication
54 of liability of an owner for a violation of subdivision (b), (c), (d),
55 (f) or (g) of section eleven hundred eighty of this chapter in accord-
56 ance with section eleven hundred eighty-d of this chapter, or other than
A. 8832--A 51
1 an adjudication of liability of an owner for a violation of subdivision
2 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
3 accordance with section eleven hundred eighty-e of this chapter, or
4 other than an adjudication of liability of an owner for a violation of
5 subdivision (d) of section eleven hundred eleven of this chapter in
6 accordance with section eleven hundred eleven-e of this chapter, or
7 other than an adjudication of liability of an owner for a violation of
8 section eleven hundred seventy-four of this chapter in accordance with
9 section eleven hundred seventy-four-a of this chapter, there shall be
10 levied a mandatory surcharge, in addition to any sentence required or
11 permitted by law, in the amount of seventeen dollars.
12 § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
13 as separately amended by section 10-g of chapter 145 and section 9-g of
14 chapter 148 of the laws of 2019, is amended to read as follows:
15 1. Whenever proceedings in an administrative tribunal or a court of
16 this state result in a conviction for a crime under this chapter or a
17 traffic infraction under this chapter other than a traffic infraction
18 involving standing, stopping, parking or motor vehicle equipment or
19 violations by pedestrians or bicyclists, or other than an adjudication
20 of liability of an owner for a violation of subdivision (b), (d), (f) or
21 (g) of section eleven hundred eighty of this chapter in accordance with
22 section eleven hundred eighty-d of this chapter, or other than an adju-
23 dication of liability of an owner for a violation of subdivision (b),
24 (d), (f) or (g) of section eleven hundred eighty of this chapter in
25 accordance with section eleven hundred eighty-e of this chapter, or
26 other than an adjudication of liability of an owner for a violation of
27 section eleven hundred seventy-four of this chapter in accordance with
28 section eleven hundred seventy-four-a of this chapter, there shall be
29 levied a mandatory surcharge, in addition to any sentence required or
30 permitted by law, in the amount of seventeen dollars.
31 § 9-h. Subdivision 1 of section 1809 of the vehicle and traffic law,
32 as separately amended by chapter 16 of the laws of 1983 and chapter 62
33 of the laws of 1989, is amended to read as follows:
34 1. Whenever proceedings in an administrative tribunal or a court of
35 this state result in a conviction for a crime under this chapter or a
36 traffic infraction under this chapter other than a traffic infraction
37 involving standing, stopping, parking or motor vehicle equipment or
38 violations by pedestrians or bicyclists, or other than an adjudication
39 of liability of an owner for a violation of subdivision (b), (d), (f) or
40 (g) of section eleven hundred eighty of this chapter in accordance with
41 section eleven hundred eighty-e of this chapter, there shall be levied a
42 mandatory surcharge, in addition to any sentence required or permitted
43 by law, in the amount of seventeen dollars.
44 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
45 and traffic law, as separately amended by section 11 of chapter 145 and
46 section 10 of chapter 148 of the laws of 2019, is amended to read as
47 follows:
48 a. Notwithstanding any other provision of law, whenever proceedings in
49 a court or an administrative tribunal of this state result in a
50 conviction for an offense under this chapter, except a conviction pursu-
51 ant to section eleven hundred ninety-two of this chapter, or for a traf-
52 fic infraction under this chapter, or a local law, ordinance, rule or
53 regulation adopted pursuant to this chapter, except a traffic infraction
54 involving standing, stopping, or parking or violations by pedestrians or
55 bicyclists, and except an adjudication of liability of an owner for a
56 violation of subdivision (d) of section eleven hundred eleven of this
A. 8832--A 52
1 chapter in accordance with section eleven hundred eleven-a of this chap-
2 ter or in accordance with section eleven hundred eleven-d of this chap-
3 ter, or in accordance with section eleven hundred eleven-e of this chap-
4 ter, or in accordance with section eleven hundred seventy-four-a of this
5 chapter, and except an adjudication of liability of an owner for a
6 violation of subdivision (d) of section eleven hundred eleven of this
7 chapter in accordance with section eleven hundred eleven-b of this chap-
8 ter, and except an adjudication in accordance with section eleven
9 hundred eleven-c of this chapter of a violation of a bus lane
10 restriction as defined in such section, and [expect] except an adjudi-
11 cation of liability of an owner for a violation of subdivision (b), (c),
12 (d), (f) or (g) of section eleven hundred eighty of this chapter in
13 accordance with section eleven hundred eighty-b of this chapter, and
14 except an adjudication of liability of an owner for a violation of toll
15 collection regulations pursuant to section two thousand nine hundred
16 eighty-five of the public authorities law or sections sixteen-a,
17 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
18 laws of nineteen hundred fifty, or other than an adjudication of liabil-
19 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
20 of section eleven hundred eighty of this chapter in accordance with
21 section eleven hundred eighty-d of this chapter, and except an adjudi-
22 cation of liability of an owner for a violation of subdivision (b), (d),
23 (f) or (g) of section eleven hundred eighty of this chapter in accord-
24 ance with section eleven hundred eighty-e of this chapter, there shall
25 be levied in addition to any sentence, penalty or other surcharge
26 required or permitted by law, an additional surcharge of twenty-eight
27 dollars.
28 § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
29 and traffic law, as amended by section 11 of chapter 145 of the laws of
30 2019, is amended to read as follows:
31 a. Notwithstanding any other provision of law, whenever proceedings in
32 a court or an administrative tribunal of this state result in a
33 conviction for an offense under this chapter, except a conviction pursu-
34 ant to section eleven hundred ninety-two of this chapter, or for a traf-
35 fic infraction under this chapter, or a local law, ordinance, rule or
36 regulation adopted pursuant to this chapter, except a traffic infraction
37 involving standing, stopping, or parking or violations by pedestrians or
38 bicyclists, and except an adjudication of liability of an owner for a
39 violation of subdivision (d) of section eleven hundred eleven of this
40 chapter in accordance with section eleven hundred eleven-a of this chap-
41 ter or in accordance with section eleven hundred eleven-d of this chap-
42 ter, or in accordance with section eleven hundred eleven-e of this chap-
43 ter, or in accordance with section eleven hundred seventy-four-a of this
44 chapter, and except an adjudication of liability of an owner for a
45 violation of subdivision (d) of section eleven hundred eleven of this
46 chapter in accordance with section eleven hundred eleven-b of this chap-
47 ter, and except an adjudication in accordance with section eleven
48 hundred eleven-c of this chapter of a violation of a bus lane
49 restriction as defined in such section, and [expect] except an adjudi-
50 cation of liability of an owner for a violation of subdivision (b), (c),
51 (d), (f) or (g) of section eleven hundred eighty of this chapter in
52 accordance with section eleven hundred eighty-b of this chapter, and
53 except an adjudication of liability of an owner for a violation of
54 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
55 this chapter in accordance with section eleven hundred eighty-e of this
56 chapter, and except an adjudication of liability of an owner for a
A. 8832--A 53
1 violation of toll collection regulations pursuant to section two thou-
2 sand nine hundred eighty-five of the public authorities law or sections
3 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
4 of the laws of nineteen hundred fifty, there shall be levied in addition
5 to any sentence, penalty or other surcharge required or permitted by
6 law, an additional surcharge of twenty-eight dollars.
7 § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
8 and traffic law, as separately amended by section 11-a of chapter 145
9 and section 10-a of chapter 148 of the laws of 2019, is amended to read
10 as follows:
11 a. Notwithstanding any other provision of law, whenever proceedings in
12 a court or an administrative tribunal of this state result in a
13 conviction for an offense under this chapter, except a conviction pursu-
14 ant to section eleven hundred ninety-two of this chapter, or for a traf-
15 fic infraction under this chapter, or a local law, ordinance, rule or
16 regulation adopted pursuant to this chapter, except a traffic infraction
17 involving standing, stopping, or parking or violations by pedestrians or
18 bicyclists, and except an adjudication of liability of an owner for a
19 violation of subdivision (d) of section eleven hundred eleven of this
20 chapter in accordance with section eleven hundred eleven-a of this chap-
21 ter or in accordance with section eleven hundred eleven-d of this chap-
22 ter or in accordance with section eleven hundred eleven-e of this chap-
23 ter, or in accordance with section eleven hundred seventy-four-a of this
24 chapter, and except an adjudication in accordance with section eleven
25 hundred eleven-c of this chapter of a violation of a bus lane
26 restriction as defined in such section, and except an adjudication of
27 liability of an owner for a violation of subdivision (b), (c), (d), (f)
28 or (g) of section eleven hundred eighty of this chapter in accordance
29 with section eleven hundred eighty-b of this chapter, and except an
30 adjudication of liability of an owner for a violation of subdivision
31 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
32 ter in accordance with section eleven hundred eighty-d of this chapter,
33 and except an adjudication of liability of an owner for a violation of
34 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
35 this chapter in accordance with section eleven hundred eighty-e of this
36 chapter, and except an adjudication of liability of an owner for a
37 violation of toll collection regulations pursuant to section two thou-
38 sand nine hundred eighty-five of the public authorities law or sections
39 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
40 of the laws of nineteen hundred fifty, there shall be levied in addition
41 to any sentence, penalty or other surcharge required or permitted by
42 law, an additional surcharge of twenty-eight dollars.
43 § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
44 and traffic law, as separately amended by section 11-b of chapter 145
45 and section 10-b of chapter 148 of the laws of 2019, is amended to read
46 as follows:
47 a. Notwithstanding any other provision of law, whenever proceedings in
48 a court or an administrative tribunal of this state result in a
49 conviction for an offense under this chapter, except a conviction pursu-
50 ant to section eleven hundred ninety-two of this chapter, or for a traf-
51 fic infraction under this chapter, or a local law, ordinance, rule or
52 regulation adopted pursuant to this chapter, except a traffic infraction
53 involving standing, stopping, or parking or violations by pedestrians or
54 bicyclists, and except an adjudication of liability of an owner for a
55 violation of subdivision (d) of section eleven hundred eleven of this
56 chapter in accordance with section eleven hundred eleven-a of this chap-
A. 8832--A 54
1 ter or in accordance with section eleven hundred eleven-d of this chap-
2 ter or in accordance with section eleven hundred eleven-e of this chap-
3 ter, or in accordance with section eleven hundred seventy-four-a of this
4 chapter, and except an adjudication of liability of an owner for a
5 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
6 hundred eighty of this chapter in accordance with section eleven hundred
7 eighty-b of this chapter, and except an adjudication of liability of an
8 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
9 section eleven hundred eighty of this chapter in accordance with section
10 eleven hundred eighty-d of this chapter, and except an adjudication of
11 liability of an owner for a violation of subdivision (b), (d), (f) or
12 (g) of section eleven hundred eighty of this chapter in accordance with
13 section eleven hundred eighty-e of this chapter, and except an adjudi-
14 cation of liability of an owner for a violation of toll collection regu-
15 lations pursuant to section two thousand nine hundred eighty-five of the
16 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
17 chapter seven hundred seventy-four of the laws of nineteen hundred
18 fifty, there shall be levied in addition to any sentence, penalty or
19 other surcharge required or permitted by law, an additional surcharge of
20 twenty-eight dollars.
21 § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
22 and traffic law, as separately amended by section 11-c of chapter 145
23 and section 10-c of chapter 148 of the laws of 2019, is amended to read
24 as follows:
25 a. Notwithstanding any other provision of law, whenever proceedings in
26 a court or an administrative tribunal of this state result in a
27 conviction for an offense under this chapter, except a conviction pursu-
28 ant to section eleven hundred ninety-two of this chapter, or for a traf-
29 fic infraction under this chapter, or a local law, ordinance, rule or
30 regulation adopted pursuant to this chapter, except a traffic infraction
31 involving standing, stopping, or parking or violations by pedestrians or
32 bicyclists, and except an adjudication of liability of an owner for a
33 violation of subdivision (d) of section eleven hundred eleven of this
34 chapter in accordance with section eleven hundred eleven-a of this chap-
35 ter or in accordance with section eleven hundred eleven-d of this chap-
36 ter or in accordance with section eleven hundred eleven-e of this chap-
37 ter, or in accordance with section eleven hundred seventy-four-a of this
38 chapter, and except an adjudication of liability of an owner for a
39 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
40 hundred eighty of this chapter in accordance with section eleven hundred
41 eighty-d of this chapter, and except an adjudication of liability of an
42 owner for a violation of subdivision (b), (d), (f) or (g) of section
43 eleven hundred eighty of this chapter in accordance with section eleven
44 hundred eighty-e of this chapter, and except an adjudication of liabil-
45 ity of an owner for a violation of toll collection regulations pursuant
46 to section two thousand nine hundred eighty-five of the public authori-
47 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
48 hundred seventy-four of the laws of nineteen hundred fifty, there shall
49 be levied in addition to any sentence, penalty or other surcharge
50 required or permitted by law, an additional surcharge of twenty-eight
51 dollars.
52 § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
53 and traffic law, as separately amended by section 11-e of chapter 145
54 and section 10-e of chapter 148 of the laws of 2019, is amended to read
55 as follows:
A. 8832--A 55
1 a. Notwithstanding any other provision of law, whenever proceedings in
2 a court or an administrative tribunal of this state result in a
3 conviction for an offense under this chapter, except a conviction pursu-
4 ant to section eleven hundred ninety-two of this chapter, or for a traf-
5 fic infraction under this chapter, or a local law, ordinance, rule or
6 regulation adopted pursuant to this chapter, except a traffic infraction
7 involving standing, stopping, or parking or violations by pedestrians or
8 bicyclists, and except an adjudication of liability of an owner for a
9 violation of subdivision (d) of section eleven hundred eleven of this
10 chapter in accordance with section eleven hundred eleven-a of this chap-
11 ter or in accordance with section eleven hundred eleven-e of this chap-
12 ter, and except an adjudication of liability of an owner for a violation
13 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
14 eighty of this chapter in accordance with section eleven hundred eight-
15 y-d of this chapter, and except an adjudication of liability of an owner
16 for a violation of subdivision (b), (d), (f) or (g) of section eleven
17 hundred eighty of this chapter in accordance with section eleven hundred
18 eighty-e of this chapter, or in accordance with section eleven hundred
19 seventy-four-a of this chapter, and except an adjudication of liability
20 of an owner for a violation of toll collection regulations pursuant to
21 section two thousand nine hundred eighty-five of the public authorities
22 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
23 hundred seventy-four of the laws of nineteen hundred fifty, there shall
24 be levied in addition to any sentence, penalty or other surcharge
25 required or permitted by law, an additional surcharge of twenty-eight
26 dollars.
27 § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
28 and traffic law, as separately amended by section 11-f of chapter 145
29 and section 10-f of chapter 148 of the laws of 2019, is amended to read
30 as follows:
31 a. Notwithstanding any other provision of law, whenever proceedings in
32 a court or an administrative tribunal of this state result in a
33 conviction for an offense under this chapter, except a conviction pursu-
34 ant to section eleven hundred ninety-two of this chapter, or for a traf-
35 fic infraction under this chapter, or a local law, ordinance, rule or
36 regulation adopted pursuant to this chapter, except a traffic infraction
37 involving standing, stopping, or parking or violations by pedestrians or
38 bicyclists, and except an adjudication of liability of an owner for a
39 violation of subdivision (d) of section eleven hundred eleven of this
40 chapter in accordance with section eleven hundred eleven-a of this chap-
41 ter and except an adjudication of liability of an owner for a violation
42 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
43 this chapter in accordance with section eleven hundred eighty-e of this
44 chapter, or in accordance with section eleven hundred seventy-four-a of
45 this chapter, and except an adjudication of liability of an owner for a
46 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
47 hundred eighty of this chapter in accordance with section eleven hundred
48 eighty-d of this chapter, and except an adjudication of liability of an
49 owner for a violation of toll collection regulations pursuant to section
50 two thousand nine hundred eighty-five of the public authorities law or
51 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
52 seventy-four of the laws of nineteen hundred fifty, 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. 8832--A 56
1 § 10-g. 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, and except as an adjudication of liability of an owner for a
15 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
16 eighty of this chapter in accordance with section eleven hundred eight-
17 y-e of this chapter, and except an adjudication of liability of an owner
18 for a violation of toll collection regulations pursuant to section two
19 thousand nine hundred eighty-five of the public authorities law or
20 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
21 seventy-four of the laws of nineteen hundred fifty, there shall be
22 levied in addition to any sentence, penalty or other surcharge required
23 or permitted by law, an additional surcharge of twenty-eight dollars.
24 § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
25 401 of the vehicle and traffic law, as separately amended by section 8
26 of chapter 145 and section 11 of chapter 148 of the laws of 2019, is
27 amended to read as follows:
28 (i) If at the time of application for a registration or renewal there-
29 of there is a certification from a court, parking violations bureau,
30 traffic and parking violations agency or administrative tribunal of
31 appropriate jurisdiction or administrative tribunal of appropriate
32 jurisdiction that the registrant or his or her representative failed to
33 appear on the return date or any subsequent adjourned date or failed to
34 comply with the rules and regulations of an administrative tribunal
35 following entry of a final decision in response to a total of three or
36 more summonses or other process in the aggregate, issued within an eigh-
37 teen month period, charging either that: (i) such motor vehicle was
38 parked, stopped or standing, or that such motor vehicle was operated for
39 hire by the registrant or his or her agent without being licensed as a
40 motor vehicle for hire by the appropriate local authority, in violation
41 of any of the provisions of this chapter or of any law, ordinance, rule
42 or regulation made by a local authority; or (ii) the registrant was
43 liable in accordance with section eleven hundred eleven-a, section elev-
44 en hundred eleven-b or section eleven hundred eleven-d of this chapter
45 for a violation of subdivision (d) of section eleven hundred eleven of
46 this chapter; or (iii) the registrant was liable in accordance with
47 section eleven hundred eleven-c of this chapter for a violation of a bus
48 lane restriction as defined in such section, or (iv) the registrant was
49 liable in accordance with section eleven hundred eighty-b of this chap-
50 ter for a violation of subdivision (c) or (d) of section eleven hundred
51 eighty of this chapter, or (vi) the registrant was liable in accordance
52 with section eleven hundred eleven-e of this chapter for a violation of
53 subdivision (d) of section eleven hundred eleven of this chapter; or
54 (vii) the registrant was liable in accordance with section eleven
55 hundred seventy-four-a of this chapter for a violation of section eleven
56 hundred seventy-four of this chapter, or (vii) the registrant was liable
A. 8832--A 57
1 in accordance with section eleven hundred eighty-d of this chapter for a
2 violation of subdivision (c) or (d) of section eleven hundred eighty of
3 this chapter, or (viii) the registrant was liable in accordance with
4 section eleven hundred eighty-e of this chapter for a violation of
5 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
6 this chapter, the commissioner or his or her agent shall deny the regis-
7 tration or renewal application until the applicant provides proof from
8 the court, traffic and parking violations agency or administrative
9 tribunal wherein the charges are pending that an appearance or answer
10 has been made or in the case of an administrative tribunal that he or
11 she has complied with the rules and regulations of said tribunal follow-
12 ing entry of a final decision. Where an application is denied pursuant
13 to this section, the commissioner may, in his or her discretion, deny a
14 registration or renewal application to any other person for the same
15 vehicle and may deny a registration or renewal application for any other
16 motor vehicle registered in the name of the applicant where the commis-
17 sioner has determined that such registrant's intent has been to evade
18 the purposes of this subdivision and where the commissioner has reason-
19 able grounds to believe that such registration or renewal will have the
20 effect of defeating the purposes of this subdivision. Such denial shall
21 only remain in effect as long as the summonses remain unanswered, or in
22 the case of an administrative tribunal, the registrant fails to comply
23 with the rules and regulations following entry of a final decision.
24 § 11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
25 401 of the vehicle and traffic law, as amended by section 8 of chapter
26 145 of the laws of 2019, is amended to read as follows:
27 (i) If at the time of application for a registration or renewal there-
28 of there is a certification from a court, parking violations bureau,
29 traffic and parking violations agency or administrative tribunal of
30 appropriate jurisdiction or [adminstrative] 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 a
35 total of three or more summonses or other process in the aggregate,
36 issued within an eighteen month period, charging either that: (i) such
37 motor vehicle was parked, stopped or standing, or that such motor vehi-
38 cle was operated for hire by the registrant or his or her agent without
39 being licensed as a motor vehicle for hire by the appropriate local
40 authority, in violation of any of the provisions of this chapter or of
41 any law, ordinance, rule or regulation made by a local authority; or
42 (ii) the registrant was liable in accordance with section eleven hundred
43 eleven-a, section eleven hundred eleven-b or section eleven hundred
44 eleven-d of this chapter for a violation of subdivision (d) of section
45 eleven hundred eleven of this chapter; or (iii) the registrant was
46 liable in accordance with section eleven hundred eleven-c of this chap-
47 ter for a violation of a bus lane restriction as defined in such
48 section, or (iv) the registrant was liable in accordance with section
49 eleven hundred eighty-b of this chapter for a violation of subdivision
50 (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the
51 registrant was liable in accordance with section eleven hundred eleven-e
52 of this chapter for a violation of subdivision (d) of section eleven
53 hundred eleven of this chapter; or (vii) the registrant was liable in
54 accordance with section eleven hundred seventy-four-a of this chapter
55 for a violation of section eleven hundred seventy-four of this chapter,
56 or (viii) the registrant was liable in accordance with section eleven
A. 8832--A 58
1 hundred eighty-e of this chapter for a violation of subdivision (b),
2 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
3 commissioner or his or her agent shall deny the registration or renewal
4 application until the applicant provides proof from the court, traffic
5 and parking violations agency or administrative tribunal wherein the
6 charges are pending that an appearance or answer has been made or in the
7 case of an administrative tribunal that he or she has complied with the
8 rules and regulations of said tribunal following entry of a final deci-
9 sion. Where an application is denied pursuant to this section, the
10 commissioner may, in his or her discretion, deny a registration or
11 renewal application to any other person for the same vehicle and may
12 deny a registration or renewal application for any other motor vehicle
13 registered in the name of the applicant where the commissioner has
14 determined that such registrant's intent has been to evade the purposes
15 of this subdivision and where the commissioner has reasonable grounds to
16 believe that such registration or renewal will have the effect of
17 defeating the purposes of this subdivision. Such denial shall only
18 remain in effect as long as the summonses remain unanswered, or in the
19 case of an administrative tribunal, the registrant fails to comply with
20 the rules and regulations following entry of a final decision.
21 § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
22 and traffic law, as separately amended by section 8-a of chapter 145 of
23 the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is
24 amended to read as follows:
25 a. If at the time of application for a registration or renewal thereof
26 there is a certification from a court or administrative tribunal of
27 appropriate jurisdiction that the registrant or his or her represen-
28 tative failed to appear on the return date or any subsequent adjourned
29 date or failed to comply with the rules and regulations of an adminis-
30 trative tribunal following entry of a final decision in response to a
31 total of three or more summonses or other process in the aggregate,
32 issued within an eighteen month period, charging either that: (i) such
33 motor vehicle was parked, stopped or standing, or that such motor vehi-
34 cle was operated for hire by the registrant or his or her agent without
35 being licensed as a motor vehicle for hire by the appropriate local
36 authority, in violation of any of the provisions of this chapter or of
37 any law, ordinance, rule or regulation made by a local authority; or
38 (ii) the registrant was liable in accordance with section eleven hundred
39 eleven-b of this chapter for a violation of subdivision (d) of section
40 eleven hundred eleven of this chapter; or (iii) the registrant was
41 liable in accordance with section eleven hundred eleven-c of this chap-
42 ter for a violation of a bus lane restriction as defined in such
43 section; or (iv) the registrant was liable in accordance with section
44 eleven hundred eleven-d of this chapter for a violation of subdivision
45 (d) of section eleven hundred eleven of this chapter; or (v) the regis-
46 trant was liable in accordance with section eleven hundred eighty-b of
47 this chapter for a violation of subdivision (b), (d), (f) or (g) of
48 section eleven hundred eighty of this chapter ; or (vi) the registrant
49 was liable in accordance with section eleven hundred eleven-e of this
50 chapter for a violation of subdivision (d) of section eleven hundred
51 eleven of this chapter; or (vii) the registrant was liable in accordance
52 with section eleven hundred seventy-four-a of this chapter for a
53 violation of section eleven hundred seventy-four of this chapter; or
54 [(vii)] (viii) the registrant was liable in accordance with section
55 eleven hundred eighty-d of this chapter for a violation of subdivision
56 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
A. 8832--A 59
1 ter; or (ix) the registrant was liable in accordance with section eleven
2 hundred eighty-e of this chapter for a violation of subdivision (b),
3 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
4 commissioner or his or her agent shall deny the registration or renewal
5 application until the applicant provides proof from the court or admin-
6 istrative tribunal wherein the charges are pending that an appearance or
7 answer has been made or in the case of an administrative tribunal that
8 he or she has complied with the rules and regulations of said tribunal
9 following entry of a final decision. Where an application is denied
10 pursuant to this section, the commissioner may, in his or her
11 discretion, deny a registration or renewal application to any other
12 person for the same vehicle and may deny a registration or renewal
13 application for any other motor vehicle registered in the name of the
14 applicant where the commissioner has determined that such registrant's
15 intent has been to evade the purposes of this subdivision and where the
16 commissioner has reasonable grounds to believe that such registration or
17 renewal will have the effect of defeating the purposes of this subdivi-
18 sion. Such denial shall only remain in effect as long as the summonses
19 remain unanswered, or in the case of an administrative tribunal, the
20 registrant fails to comply with the rules and regulations following
21 entry of a final decision.
22 § 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
23 and traffic law, as separately amended by section 8-b of chapter 145 and
24 section 11-b of chapter 148 of the laws of 2019, is amended to read as
25 follows:
26 a. If at the time of application for a registration or renewal thereof
27 there is a certification from a court or administrative tribunal of
28 appropriate jurisdiction that the registrant or his or her represen-
29 tative failed to appear on the return date or any subsequent adjourned
30 date or failed to comply with the rules and regulations of an adminis-
31 trative tribunal following entry of a final decision in response to
32 three or more summonses or other process, issued within an eighteen
33 month period, charging that: (i) such motor vehicle was parked, stopped
34 or standing, or that such motor vehicle was operated for hire by the
35 registrant or his or her agent without being licensed as a motor vehicle
36 for hire by the appropriate local authority, in violation of any of the
37 provisions of this chapter or of any law, ordinance, rule or regulation
38 made by a local authority; or (ii) the registrant was liable in accord-
39 ance with section eleven hundred eleven-c of this chapter for a
40 violation of a bus lane restriction as defined in such section; or (iii)
41 the registrant was liable in accordance with section eleven hundred
42 eleven-d of this chapter for a violation of subdivision (d) of section
43 eleven hundred eleven of this chapter; or (iv) the registrant was liable
44 in accordance with section eleven hundred eighty-b of this chapter for a
45 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
46 hundred eighty of this chapter,[,] or the registrant was liable in
47 accordance with section eleven hundred eighty-d of this chapter for a
48 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
49 hundred eighty of this chapter; or (v) the registrant was liable in
50 accordance with section eleven hundred eleven-e of this chapter for a
51 violation of subdivision (d) of section eleven hundred eleven of this
52 chapter; or (vi) the registrant was liable in accordance with section
53 eleven hundred eighty-e of this chapter for a violation of subdivision
54 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter;
55 or (vii) the registrant was liable in accordance with section eleven
56 hundred seventy-four-a of this chapter for a violation of section eleven
A. 8832--A 60
1 hundred seventy-four of this chapter, the commissioner or his or her
2 agent shall deny the registration or renewal application until the
3 applicant provides proof from the court or administrative tribunal wher-
4 ein the charges are pending that an appearance or answer has been made
5 or in the case of an administrative tribunal that he or she has complied
6 with the rules and regulations of said tribunal following entry of a
7 final decision. Where an application is denied pursuant to this section,
8 the commissioner may, in his or her discretion, deny a registration or
9 renewal application to any other person for the same vehicle and may
10 deny a registration or renewal application for any other motor vehicle
11 registered in the name of the applicant where the commissioner has
12 determined that such registrant's intent has been to evade the purposes
13 of this subdivision and where the commissioner has reasonable grounds to
14 believe that such registration or renewal will have the effect of
15 defeating the purposes of this subdivision. Such denial shall only
16 remain in effect as long as the summonses remain unanswered, or in the
17 case of an administrative tribunal, the registrant fails to comply with
18 the rules and regulations following entry of a final decision.
19 § 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
20 and traffic law, as separately amended by section 8-c of chapter 145 and
21 section 11-c of chapter 148 of the laws of 2019, is amended to read as
22 follows:
23 a. If at the time of application for a registration or renewal thereof
24 there is a certification from a court or administrative tribunal of
25 appropriate jurisdiction that the registrant or his or her represen-
26 tative failed to appear on the return date or any subsequent adjourned
27 date or failed to comply with the rules and regulations of an adminis-
28 trative tribunal following entry of a final decision in response to
29 three or more summonses or other process, issued within an eighteen
30 month period, charging that: (i) such motor vehicle was parked, stopped
31 or standing, or that such motor vehicle was operated for hire by the
32 registrant or his or her agent without being licensed as a motor vehicle
33 for hire by the appropriate local authority, in violation of any of the
34 provisions of this chapter or of any law, ordinance, rule or regulation
35 made by a local authority; or (ii) the registrant was liable in accord-
36 ance with section eleven hundred eleven-d of this chapter for a
37 violation of subdivision (d) of section eleven hundred eleven of this
38 chapter; or (iii) the registrant was liable in accordance with section
39 eleven hundred eighty-b of this chapter for violations of subdivision
40 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
41 ter,[,] or the registrant was liable in accordance with section eleven
42 hundred eighty-d of this chapter for violations of subdivision (b), (c),
43 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
44 (iv) the registrant was liable in accordance with section eleven hundred
45 eleven-e of this chapter for a violation of subdivision (d) of section
46 eleven hundred eleven of this chapter; or (v) the registrant was liable
47 in accordance with section eleven hundred eighty-e of this chapter for a
48 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
49 eighty of this chapter; or (vi) the registrant was liable in accordance
50 with section eleven hundred seventy-four-a of this chapter for a
51 violation of section eleven hundred seventy-four of this chapter, the
52 commissioner or his or her agent shall deny the registration or renewal
53 application until the applicant provides proof from the court or admin-
54 istrative tribunal wherein the charges are pending that an appearance or
55 answer has been made or in the case of an administrative tribunal that
56 he or she has complied with the rules and regulations of said tribunal
A. 8832--A 61
1 following entry of a final decision. Where an application is denied
2 pursuant to this section, the commissioner may, in his or her
3 discretion, deny a registration or renewal application to any other
4 person for the same vehicle and may deny a registration or renewal
5 application for any other motor vehicle registered in the name of the
6 applicant where the commissioner has determined that such registrant's
7 intent has been to evade the purposes of this subdivision and where the
8 commissioner has reasonable grounds to believe that such registration or
9 renewal will have the effect of defeating the purposes of this subdivi-
10 sion. Such denial shall only remain in effect as long as the summonses
11 remain unanswered, or in the case of an administrative tribunal, the
12 registrant fails to comply with the rules and regulations following
13 entry of a final decision.
14 § 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
15 and traffic law, as separately amended by section 8-d of chapter 145 and
16 section 11-d of chapter 148 of the laws of 2019, is amended to read as
17 follows:
18 a. If at the time of application for a registration or renewal thereof
19 there is a certification from a court or administrative tribunal of
20 appropriate jurisdiction that the registrant or his or her represen-
21 tative failed to appear on the return date or any subsequent adjourned
22 date or failed to comply with the rules and regulations of an adminis-
23 trative tribunal following entry of a final decision in response to
24 three or more summonses or other process, issued within an eighteen
25 month period, charging that such motor vehicle was parked, stopped or
26 standing, or that such motor vehicle was operated for hire by the regis-
27 trant or his or her agent without being licensed as a motor vehicle for
28 hire by the appropriate local authority, in violation of any of the
29 provisions of this chapter or of any law, ordinance, rule or regulation
30 made by a local authority, or the registrant was liable in accordance
31 with section eleven hundred eighty-d of this chapter for violations of
32 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
33 of this chapter, or the registrant was liable in accordance with section
34 eleven hundred eleven-d of this chapter for a violation of subdivision
35 (d) of section eleven hundred eleven of this chapter, or the registrant
36 was liable in accordance with section eleven hundred eleven-e of this
37 chapter for a violation of subdivision (d) of section eleven hundred
38 eleven of this chapter, or the registrant was liable in accordance with
39 section eleven hundred eighty-e of this chapter for a violation of
40 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
41 this chapter, or the registrant was liable in accordance with section
42 eleven hundred seventy-four-a of this chapter for a violation of section
43 eleven hundred seventy-four of this chapter, the commissioner or his or
44 her agent shall deny the registration or renewal application until the
45 applicant provides proof from the court or administrative tribunal wher-
46 ein the charges are pending that an appearance or answer has been made
47 or in the case of an administrative tribunal that he or she has complied
48 with the rules and regulations of said tribunal following entry of a
49 final decision. Where an application is denied pursuant to this section,
50 the commissioner may, in his or her discretion, deny a registration or
51 renewal application to any other person for the same vehicle and may
52 deny a registration or renewal application for any other motor vehicle
53 registered in the name of the applicant where the commissioner has
54 determined that such registrant's intent has been to evade the purposes
55 of this subdivision and where the commissioner has reasonable grounds to
56 believe that such registration or renewal will have the effect of
A. 8832--A 62
1 defeating the purposes of this subdivision. Such denial shall only
2 remain in effect as long as the summonses remain unanswered, or in the
3 case of an administrative tribunal, the registrant fails to comply with
4 the rules and regulations following entry of a final decision.
5 § 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
6 and traffic law, as separately amended by section 8-f of chapter 145 and
7 section 11-f of chapter 148 of the laws of 2019, is amended to read as
8 follows:
9 a. If at the time of application for a registration or renewal thereof
10 there is a certification from a court or administrative tribunal of
11 appropriate jurisdiction that the registrant or his or her represen-
12 tative failed to appear on the return date or any subsequent adjourned
13 date or failed to comply with the rules and regulations of an adminis-
14 trative tribunal following entry of a final decision in response to
15 three or more summonses or other process, issued within an eighteen
16 month period, charging that such motor vehicle was parked, stopped or
17 standing, or that such motor vehicle was operated for hire by the regis-
18 trant or his or her agent without being licensed as a motor vehicle for
19 hire by the appropriate local authority, in violation of any of the
20 provisions of this chapter or of any law, ordinance, rule or regulation
21 made by a local authority, or the registrant was liable in accordance
22 with section eleven hundred eighty-d of this chapter for violations of
23 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
24 of this chapter, or the registrant was liable in accordance with section
25 eleven hundred eleven-e of this chapter for a violation of subdivision
26 (d) of section eleven hundred eleven of this chapter, or the registrant
27 was liable in accordance with section eleven hundred eighty-e of this
28 chapter for a violation of subdivision (b), (d), (f) or (g) of section
29 eleven hundred eighty of this chapter, or the registrant was liable in
30 accordance with section eleven hundred seventy-four-a of this chapter
31 for a violation of section eleven hundred seventy-four of this chapter,
32 the commissioner or his or her agent shall deny the registration or
33 renewal application until the applicant provides proof from the court or
34 administrative tribunal wherein the charges are pending that an appear-
35 ance or answer has been made or in the case of an administrative tribu-
36 nal that he has complied with the rules and regulations of said tribunal
37 following entry of a final decision. Where an application is denied
38 pursuant to this section, the commissioner may, in his or her
39 discretion, deny a registration or renewal application to any other
40 person for the same vehicle and may deny a registration or renewal
41 application for any other motor vehicle registered in the name of the
42 applicant where the commissioner has determined that such registrant's
43 intent has been to evade the purposes of this subdivision and where the
44 commissioner has reasonable grounds to believe that such registration or
45 renewal will have the effect of defeating the purposes of this subdivi-
46 sion. Such denial shall only remain in effect as long as the summonses
47 remain unanswered, or in the case of an administrative tribunal, the
48 registrant fails to comply with the rules and regulations following
49 entry of a final decision.
50 § 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
51 and traffic law, as separately amended by section 8-g of chapter 145 and
52 section 11-g of chapter 148 of the laws of 2019, is amended to read as
53 follows:
54 a. If at the time of application for a registration or renewal thereof
55 there is a certification from a court or administrative tribunal of
56 appropriate jurisdiction that the registrant or his or her represen-
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1 tative failed to appear on the return date or any subsequent adjourned
2 date or failed to comply with the rules and regulations of an adminis-
3 trative tribunal following entry of a final decision in response to
4 three or more summonses or other process, issued within an eighteen
5 month period, charging that such motor vehicle was parked, stopped or
6 standing, or that such motor vehicle was operated for hire by the regis-
7 trant or his or her agent without being licensed as a motor vehicle for
8 hire by the appropriate local authority, in violation of any of the
9 provisions of this chapter or of any law, ordinance, rule or regulation
10 made by a local authority, or the registrant was liable in accordance
11 with section eleven hundred seventy-four-a of this chapter for a
12 violation of section eleven hundred seventy-four of this chapter, or the
13 registrant was liable in accordance with section eleven hundred eighty-d
14 of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
15 of section eleven hundred eighty of this chapter, or the registrant was
16 liable in accordance with section eleven hundred eighty-e of this chap-
17 ter for a violation of subdivision (b), (d), (f) or (g) of section elev-
18 en hundred eighty of this chapter, the commissioner or his or her agent
19 shall deny the registration or renewal application until the applicant
20 provides proof from the court or administrative tribunal wherein the
21 charges are pending that an appearance or answer has been made or in the
22 case of an administrative tribunal that he or she has complied with the
23 rules and regulations of said tribunal following entry of a final deci-
24 sion. Where an application is denied pursuant to this section, the
25 commissioner may, in his or her discretion, deny a registration or
26 renewal application to any other person for the same vehicle and may
27 deny a registration or renewal application for any other motor vehicle
28 registered in the name of the applicant where the commissioner has
29 determined that such registrant's intent has been to evade the purposes
30 of this subdivision and where the commissioner has reasonable grounds to
31 believe that such registration or renewal will have the effect of
32 defeating the purposes of this subdivision. Such denial shall only
33 remain in effect as long as the summonses remain unanswered, or in the
34 case of an administrative tribunal, the registrant fails to comply with
35 the rules and regulations following entry of a final decision.
36 § 11-h. Paragraph a of subdivision 5-a of section 401 of the vehicle
37 and traffic law, as separately amended by chapters 339 and 592 of the
38 laws of 1987, is amended to read as follows:
39 a. If at the time of application for a registration or renewal thereof
40 there is a certification from a court or administrative tribunal of
41 appropriate jurisdiction that the registrant or his or her represen-
42 tative failed to appear on the return date or any subsequent adjourned
43 date or failed to comply with the rules and regulations of an adminis-
44 trative tribunal following entry of a final decision in response to
45 three or more summonses or other process, issued within an eighteen
46 month period, charging that such motor vehicle was parked, stopped or
47 standing, or that such motor vehicle was operated for hire by the regis-
48 trant or his or her agent without being licensed as a motor vehicle for
49 hire by the appropriate local authority, in violation of any of the
50 provisions of this chapter or of any law, ordinance, rule or regulation
51 made by a local authority, or the registrant was liable in accordance
52 with section eleven hundred eighty-e of this chapter for a violation of
53 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
54 this chapter, the commissioner or his or her agent shall deny the regis-
55 tration or renewal application until the applicant provides proof from
56 the court or administrative tribunal wherein the charges are pending
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1 that an appearance or answer has been made or in the case of an adminis-
2 trative tribunal that he or she has complied with the rules and regu-
3 lations of said tribunal following entry of a final decision. Where an
4 application is denied pursuant to this section, the commissioner may, in
5 his or her discretion, deny a registration or renewal application to any
6 other person for the same vehicle and may deny a registration or renewal
7 application for any other motor vehicle registered in the name of the
8 applicant where the commissioner has determined that such registrant's
9 intent has been to evade the purposes of this subdivision and where the
10 commissioner has reasonable grounds to believe that such registration or
11 renewal will have the effect of defeating the purposes of this subdivi-
12 sion. Such denial shall only remain in effect as long as the summonses
13 remain unanswered, or in the case of an administrative tribunal, the
14 registrant fails to comply with the rules and regulations following
15 entry of a final decision.
16 § 12. The general municipal law is amended by adding a new section
17 371-a to read as follows:
18 § 371-a. Additional jurisdiction and procedure related to the adjudi-
19 cation of certain notices of liability. A traffic violations bureau
20 established pursuant to subdivision one and a traffic and parking
21 violations agency established pursuant to subdivision two of section
22 three hundred seventy-one of this article may be authorized to adjudi-
23 cate the liability of owners for violations of subdivision (b), (d), (f)
24 or (g) of section eleven hundred eighty of the vehicle and traffic law
25 pursuant to a demonstration program established pursuant to section
26 eleven hundred eighty-e of the vehicle and traffic law, in accordance
27 with the provisions of this article.
28 § 13. Section 1803 of the vehicle and traffic law is amended by adding
29 two new subdivisions 11 and 12 to read as follows:
30 11. Except as otherwise provided in paragraph e of subdivision one of
31 this section, where the commissioner of transportation has established a
32 demonstration program imposing monetary liability on the owner of a
33 vehicle for failure of an operator thereof to comply with subdivision
34 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
35 accordance with section eleven hundred eighty-e of this chapter, any
36 fine or penalty collected by a court, judge, magistrate or other officer
37 for an imposition of liability which occurs pursuant to such program
38 shall be paid to the state comptroller within the first ten days of the
39 month following collection. Every such payment shall be accompanied by a
40 statement in such form and detail as the comptroller shall provide. The
41 comptroller shall pay eighty percent of any such fine or penalty imposed
42 for such liability to the general fund, and twenty percent of any such
43 fine or penalty to the city, town or village in which the violation
44 giving rise to the liability occurred. All fines, penalties and forfei-
45 tures paid to a city, town or village pursuant to the provisions of this
46 subdivision shall be credited to the general fund of such city, town or
47 village, unless a different disposition is prescribed by charter,
48 special law, local law or ordinance.
49 12. Except as otherwise provided in paragraph e of subdivision one of
50 this section, where the chair of the New York state thruway authority
51 has established a demonstration program imposing monetary liability on
52 the owner of a vehicle for failure of an operator thereof to comply with
53 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
54 this chapter in accordance with section eleven hundred eighty-e of this
55 chapter, any fine or penalty collected by a court, judge, magistrate or
56 other officer for an imposition of liability which occurs pursuant to
A. 8832--A 65
1 such program shall be paid to the state comptroller within the first ten
2 days of the month following collection. Every such payment shall be
3 accompanied by a statement in such form and detail as the comptroller
4 shall provide. The comptroller shall pay eighty percent of any such fine
5 or penalty imposed for such liability to the thruway authority, and
6 twenty percent of any such fine or penalty to the city, town or village
7 in which the violation giving rise to the liability occurred. For the
8 purposes of this subdivision, the term "thruway authority" shall mean
9 the New York state thruway authority, a body corporate and politic
10 constituting a public corporation created and constituted pursuant to
11 title nine of article two of the public authorities law. All fines,
12 penalties and forfeitures paid to a city, town or village pursuant to
13 the provisions of this subdivision shall be credited to the general fund
14 of such city, town or village, unless a different disposition is
15 prescribed by charter, special law, local law or ordinance.
16 § 14. Subdivision 2 of section 87 of the public officers law is
17 amended by adding a new paragraph (r) to read as follows:
18 (r) are photographs, microphotographs, videotape or other recorded
19 images prepared under the authority of section eleven hundred eighty-e
20 of the vehicle and traffic law.
21 § 15. The purchase or lease of equipment for a demonstration program
22 pursuant to section 1180-e of the vehicle and traffic law shall be
23 subject to the provisions of section 103 of the general municipal law.
24 § 16. This act shall take effect on the thirtieth day after it shall
25 have become a law and shall expire 5 years after such effective date
26 when upon such date the provisions of this act shall be deemed repealed;
27 and provided further that any rules necessary for the implementation of
28 this act on its effective date shall be promulgated on or before such
29 effective date, provided that:
30 (a) the amendments to subdivision 1 of section 235 of the vehicle and
31 traffic law made by section one of this act shall not affect the expira-
32 tion of such section and shall be deemed to expire therewith, when upon
33 such date the provisions of section one-a of this act shall take effect;
34 (a-1) the amendments to section 235 of the vehicle and traffic law
35 made by section one-a of this act shall not affect the expiration of
36 such section and shall be deemed to expire therewith, when upon such
37 date the provisions of section one-b of this act shall take effect;
38 (a-2) the amendments to section 235 of the vehicle and traffic law
39 made by section one-b of this act shall not affect the expiration of
40 such section and shall be deemed to expire therewith, when upon such
41 date the provisions of section one-c of this act shall take effect;
42 (a-3) the amendments to section 235 of the vehicle and traffic law
43 made by section one-c of this act shall not affect the expiration of
44 such section and shall be deemed to expire therewith, when upon such
45 date the provisions of section one-d of this act shall take effect;
46 (a-4) the amendments to section 235 of the vehicle and traffic law
47 made by section one-d of this act shall not affect the expiration of
48 such section and shall be deemed to expire therewith, when upon such
49 date the provisions of section one-e of this act shall take effect;
50 (a-5) the amendments to section 235 of the vehicle and traffic law
51 made by section one-e of this act shall not affect the expiration of
52 such section and shall be deemed to expire therewith, when upon such
53 date the provisions of section one-f of this act shall take effect;
54 (a-6) the amendments to section 235 of the vehicle and traffic law
55 made by section one-f of this act shall not affect the expiration of
A. 8832--A 66
1 such section and shall be deemed to expire therewith, when upon such
2 date the provisions of section one-g of this act shall take effect;
3 (a-7) the amendments to section 235 of the vehicle and traffic law
4 made by section one-g of this act shall not affect the expiration of
5 such section and shall be deemed to expire therewith, when upon such
6 date the provisions of section one-h of this act shall take effect;
7 (a-8) the amendments to section 235 of the vehicle and traffic law
8 made by section one-h of this act shall not affect the expiration of
9 such section and shall be deemed to expire therewith, when upon such
10 date the provisions of section one-i of this act shall take effect;
11 (b) the amendments to subdivision 1 of section 236 of the vehicle and
12 traffic law made by section two of this act shall not affect the expira-
13 tion of such subdivision and shall be deemed to expire therewith, when
14 upon such date the provisions of section two-a of this act shall take
15 effect;
16 (b-1) the amendments to subdivision 1 of section 236 of the vehicle
17 and traffic law made by section two-a of this act shall not affect the
18 expiration of such subdivision and shall be deemed to expire therewith,
19 when upon such date the provisions of section two-b of this act shall
20 take effect;
21 (b-2) the amendments to subdivision 1 of section 236 of the vehicle
22 and traffic law made by section two-b of this act shall not affect the
23 expiration of such subdivision and shall be deemed to expire therewith,
24 when upon such date the provisions of section two-c of this act shall
25 take effect;
26 (b-3) the amendments to subdivision 1 of section 236 of the vehicle
27 and traffic law made by section two-c of this act shall not affect the
28 expiration of such subdivision and shall be deemed to expire therewith,
29 when upon such date the provisions of section two-d of this act shall
30 take effect;
31 (b-4) the amendments to subdivision 1 of section 236 of the vehicle
32 and traffic law made by section two-d 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 two-e of this act shall
35 take effect;
36 (b-5) the amendments to subdivision 1 of section 236 of the vehicle
37 and traffic law made by section two-e of this act shall not affect the
38 expiration of such subdivision and shall be deemed to expire therewith,
39 when upon such date the provisions of section two-f of this act shall
40 take effect;
41 (b-6) the amendments to subdivision 1 of section 236 of the vehicle
42 and traffic law made by section two-f of this act shall not affect the
43 expiration of such subdivision and shall be deemed to expire therewith,
44 when upon such date the provisions of section two-g of this act shall
45 take effect;
46 (b-7) the amendments to subdivision 1 of section 236 of the vehicle
47 and traffic law made by section two-g of this act shall not affect the
48 expiration of such subdivision and shall be deemed to expire therewith,
49 when upon such date the provisions of section two-h of this act shall
50 take effect;
51 (c) the amendments to subdivision 10 of section 237 of the vehicle and
52 traffic law made by section three 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 three-a of this act shall take
55 effect;
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1 (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
2 the vehicle and traffic law made by section four of this act shall not
3 affect the expiration of such paragraph and shall be deemed to expire
4 therewith, when upon such date the provisions of section four-a of this
5 act shall take effect;
6 (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
7 the vehicle and traffic law made by section four-a 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-b of this
10 act shall take effect;
11 (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
12 the vehicle and traffic law made by section four-b 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-c of this
15 act shall take effect;
16 (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
17 the vehicle and traffic law made by section four-c 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-d of this
20 act shall take effect;
21 (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
22 the vehicle and traffic law made by section four-d 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-e of this
25 act shall take effect;
26 (c-6) the amendments to paragraph f of subdivision 1 of section 239 of
27 the vehicle and traffic law made by section four-e of this act shall not
28 affect the expiration of such paragraph and shall be deemed to expire
29 therewith, when upon such date the provisions of section four-f of this
30 act shall take effect;
31 (c-7) the amendments to paragraph f of subdivision 1 of section 239 of
32 the vehicle and traffic law made by section four-f of this act shall not
33 affect the expiration of such paragraph and shall be deemed to expire
34 therewith, when upon such date the provisions of section four-g of this
35 act shall take effect;
36 (c-8) the amendments to paragraph f of subdivision 1 of section 239 of
37 the vehicle and traffic law made by section four-g of this act shall not
38 affect the expiration of such paragraph and shall be deemed to expire
39 therewith, when upon such date the provisions of section four-h of this
40 act shall take effect;
41 (d) the amendments to subdivisions 1 and 1-a of section 240 of the
42 vehicle and traffic law made by section five 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-a of this
45 act shall take effect;
46 (d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
47 vehicle and traffic law made by section five-a of this act shall not
48 affect the expiration of such subdivisions and shall be deemed to expire
49 therewith, when upon such date the provisions of section five-b of this
50 act shall take effect;
51 (d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
52 vehicle and traffic law made by section five-b of this act shall not
53 affect the expiration of such subdivisions and shall be deemed to expire
54 therewith, when upon such date the provisions of section five-c of this
55 act shall take effect;
A. 8832--A 68
1 (d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
2 vehicle and traffic law made by section five-c of this act shall not
3 affect the expiration of such subdivisions and shall be deemed to expire
4 therewith, when upon such date the provisions of section five-d of this
5 act shall take effect;
6 (d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
7 vehicle and traffic law made by section five-d of this act shall not
8 affect the expiration of such subdivisions and shall be deemed to expire
9 therewith, when upon such date the provisions of section five-e of this
10 act shall take effect;
11 (d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
12 vehicle and traffic law made by section five-e of this act shall not
13 affect the expiration of such subdivisions and shall be deemed to expire
14 therewith, when upon such date the provisions of section five-f of this
15 act shall take effect;
16 (d-6) the amendments to subdivisions 1 and 1-a of section 240 of the
17 vehicle and traffic law made by section five-f of this act shall not
18 affect the expiration of such subdivisions and shall be deemed to expire
19 therewith, when upon such date the provisions of section five-g of this
20 act shall take effect;
21 (d-7) the amendments to subdivision 1 of section 240 of the vehicle
22 and traffic law made by section five-g of this act shall not affect the
23 expiration of such subdivision and shall be deemed to expire therewith,
24 when upon such date the provisions of section five-h of this act shall
25 take effect;
26 (d-8) the amendments to subdivision 1-a of section 240 of the vehicle
27 and traffic law made by section five-h of this act shall not affect the
28 expiration of such subdivision and shall be deemed to expire therewith,
29 when upon such date the provisions of section five-i of this act shall
30 take effect;
31 (e) the amendments to paragraphs a and g of subdivision 2 of section
32 240 of the vehicle and traffic law made by section six of this act shall
33 not affect the expiration of such paragraphs and shall be deemed to
34 expire therewith, when upon such date the provisions of section six-a of
35 this act shall take effect;
36 (e-1) the amendments to paragraphs a and g of subdivision 2 of section
37 240 of the vehicle and traffic law made by section six-a of this act
38 shall not affect the expiration of such paragraphs and shall be deemed
39 to expire therewith, when upon such date the provisions of section six-b
40 of this act shall take effect;
41 (e-2) the amendments to paragraphs a and g of subdivision 2 of section
42 240 of the vehicle and traffic law made by section six-b of this act
43 shall not affect the expiration of such paragraphs and shall be deemed
44 to expire therewith, when upon such date the provisions of section six-c
45 of this act shall take effect;
46 (e-3) the amendments to paragraphs a and g of subdivision 2 of section
47 240 of the vehicle and traffic law made by section six-c of this act
48 shall not affect the expiration of such paragraphs and shall be deemed
49 to expire therewith, when upon such date the provisions of section six-d
50 of this act shall take effect;
51 (e-4) the amendments to paragraphs a and g of subdivision 2 of section
52 240 of the vehicle and traffic law made by section six-d 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-e
55 of this act shall take effect;
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1 (e-5) the amendments to paragraphs a and g of subdivision 2 of section
2 240 of the vehicle and traffic law made by section six-e 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-f
5 of this act shall take effect;
6 (e-6) the amendments to paragraphs a and g of subdivision 2 of section
7 240 of the vehicle and traffic law made by section six-f 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-g
10 of this act shall take effect;
11 (e-7) the amendments to paragraphs a and g of subdivision 2 of section
12 240 of the vehicle and traffic law made by section six-g of this act
13 shall not affect the expiration of such paragraphs and shall be deemed
14 to expire therewith, when upon such date the provisions of section six-h
15 of this act shall take effect;
16 (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
17 cle and traffic law made by section seven 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-a of this act
20 shall take effect;
21 (f-1) the amendments to subdivisions 1 and 2 of section 241 of the
22 vehicle and traffic law made by section seven-a of this act shall not
23 affect the expiration of such subdivisions and shall be deemed to expire
24 therewith, when upon such date the provisions of section seven-b of this
25 act shall take effect;
26 (f-2) the amendments to subdivisions 1 and 2 of section 241 of the
27 vehicle and traffic law made by section seven-b 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 seven-c of this
30 act shall take effect;
31 (f-3) the amendments to subdivisions 1 and 2 of section 241 of the
32 vehicle and traffic law made by section seven-c 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 seven-d of this
35 act shall take effect;
36 (f-4) the amendments to subdivisions 1 and 2 of section 241 of the
37 vehicle and traffic law made by section seven-d 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 seven-e of this
40 act shall take effect;
41 (f-5) the amendments to subdivisions 1 and 2 of section 241 of the
42 vehicle and traffic law made by section seven-e 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 seven-f of this
45 act shall take effect;
46 (f-6) the amendments to subdivisions 1 and 2 of section 241 of the
47 vehicle and traffic law made by section seven-f of this act shall not
48 affect the expiration of such subdivisions and shall be deemed to expire
49 therewith, when upon such date the provisions of section seven-g of this
50 act shall take effect;
51 (f-7) the amendments to subdivisions 1 and 2 of section 241 of the
52 vehicle and traffic law made by section seven-g of this act shall not
53 affect the expiration of such subdivisions and shall be deemed to expire
54 therewith, when upon such date the provisions of sections seven-h and
55 seven-i of this act shall take effect;
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1 (g) the amendments to the opening paragraph and paragraph (c) of
2 subdivision 1 of section 1809 of the vehicle and traffic law made by
3 section nine of this act shall not affect the expiration of such section
4 and shall be deemed to expire therewith, when upon such date the
5 provisions of section nine-a of this act shall take effect;
6 (g-1) the amendments to the opening paragraph and paragraph (c) of
7 subdivision 1 of section 1809 of the vehicle and traffic law made by
8 section nine-a of this act shall not affect the expiration of such
9 section and shall be deemed to expire therewith, when upon such date the
10 provisions of section nine-b of this act shall take effect;
11 (g-2) the amendments to subdivision 1 of section 1809 of the vehicle
12 and traffic law made by section nine-b of this act shall not affect the
13 expiration of such section and shall be deemed to expire therewith, when
14 upon such date the provisions of section nine-c of this act shall take
15 effect;
16 (g-3) the amendments to subdivision 1 of section 1809 of the vehicle
17 and traffic law made by section nine-c of this act shall not affect the
18 expiration of such section and shall be deemed to expire therewith, when
19 upon such date the provisions of section nine-d of this act shall take
20 effect;
21 (g-4) the amendments to subdivision 1 of section 1809 of the vehicle
22 and traffic law made by section nine-d of this act shall not affect the
23 expiration of such section and shall be deemed to expire therewith, when
24 upon such date the provisions of section nine-e of this act shall take
25 effect;
26 (g-5) the amendments to subdivision 1 of section 1809 of the vehicle
27 and traffic law made by section nine-e of this act shall not affect the
28 expiration of such section and shall be deemed to expire therewith, when
29 upon such date the provisions of section nine-f of this act shall take
30 effect;
31 (g-6) the amendments to subdivision 1 of section 1809 of the vehicle
32 and traffic law made by section nine-f of this act shall not affect the
33 expiration of such section and shall be deemed to expire therewith, when
34 upon such date the provisions of section nine-g of this act shall take
35 effect;
36 (g-7) the amendments to subdivision 1 of section 1809 of the vehicle
37 and traffic law made by section nine-g of this act shall not affect the
38 expiration of such section and shall be deemed to expire therewith, when
39 upon such date the provisions of section nine-h of this act shall take
40 effect;
41 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
42 of the vehicle and traffic law made by section ten of this act shall not
43 affect the expiration of such section and shall be deemed to expire
44 therewith, when upon such date the provisions of section ten-a of this
45 act shall take effect;
46 (h-1) the amendments to section 1809-e of the vehicle and traffic law
47 made by section ten-a of this act shall not affect the expiration of
48 such section and shall be deemed to expire therewith, when upon such
49 date the provisions of section ten-b of this act shall take effect;
50 (h-2) the amendments to section 1809-e of the vehicle and traffic law
51 made by section ten-b of this act shall not affect the expiration of
52 such section and shall be deemed to expire therewith, when upon such
53 date the provisions of section ten-c of this act shall take effect;
54 (h-3) the amendments to section 1809-e of the vehicle and traffic law
55 made by section ten-c of this act shall not affect the expiration of
A. 8832--A 71
1 such section and shall be deemed to expire therewith, when upon such
2 date the provisions of section ten-d of this act shall take effect;
3 (h-4) the amendments to section 1809-e of the vehicle and traffic law
4 made by section ten-d of this act shall not affect the expiration of
5 such section and shall be deemed to expire therewith, when upon such
6 date the provisions of section ten-e of this act shall take effect;
7 (h-5) the amendments to section 1809-e of the vehicle and traffic law
8 made by section ten-e of this act shall not affect the expiration of
9 such section and shall be deemed to expire therewith, when upon such
10 date the provisions of section ten-f of this act shall take effect;
11 (h-6) the amendments to section 1809-e of the vehicle and traffic law
12 made by section ten-f of this act shall not affect the expiration of
13 such section and shall be deemed to expire therewith, when upon such
14 date the provisions of section ten-g of this act shall take effect;
15 (i) the amendments to subparagraph (i) of paragraph a of subdivision
16 5-a of of section 401 of the vehicle and traffic law made by section
17 eleven of this act shall not affect the expiration of such section and
18 shall be deemed to expire therewith, when upon such date the provisions
19 of section eleven-a of this act shall take effect;
20 (i-1) the amendments to subparagraph (i) of paragraph a of subdivision
21 5-a of section 401 of the vehicle and traffic law made by section
22 eleven-a of this act shall not affect the expiration of such section and
23 shall be deemed to expire therewith, when upon such date the provisions
24 of section eleven-b of this act shall take effect;
25 (i-2) the amendments to section 401 of the vehicle and traffic law
26 made by section eleven-b of this act shall not affect the expiration of
27 such section and shall be deemed to expire therewith, when upon such
28 date the provisions of section eleven-c of this act shall take effect;
29 (i-3) the amendments to section 401 of the vehicle and traffic law
30 made by section eleven-c of this act shall not affect the expiration of
31 such section and shall be deemed to expire therewith, when upon such
32 date the provisions of section eleven-d of this act shall take effect;
33 (i-4) the amendments to section 401 of the vehicle and traffic law
34 made by section eleven-d of this act shall not affect the expiration of
35 such section and shall be deemed to expire therewith, when upon such
36 date the provisions of section eleven-e of this act shall take effect;
37 (i-5) the amendments to section 401 of the vehicle and traffic law
38 made by section eleven-e of this act shall not affect the expiration of
39 such section and shall be deemed to expire therewith, when upon such
40 date the provisions of section eleven-f of this act shall take effect;
41 (i-6) the amendments to section 401 of the vehicle and traffic law
42 made by section eleven-f of this act shall not affect the expiration of
43 such section and shall be deemed to expire therewith, when upon such
44 date the provisions of section eleven-g of this act shall take effect;
45 and
46 (i-7) the amendments to section 401 of the vehicle and traffic law
47 made by section eleven-g of this act shall not affect the expiration of
48 such section and shall be deemed to expire therewith, when upon such
49 date the provisions of section eleven-h of this act shall take effect.