- Summary
- Actions
- Committee Votes
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A09861 Summary:
BILL NO | A09861C |
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SAME AS | SAME AS S08052-C |
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SPONSOR | Lentol |
  | |
COSPNSR | Davila, Barron, Mosley |
  | |
MLTSPNSR | Niou |
  | |
Add §1279-e, amd §1268, Pub Auth L; amd V & T L, generally; amd §87, Pub Off L | |
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Relates to mitigating the closure of the L subway line in the city of New York; directs the MTA in consultation with other relevant entities to develop a plan to mitigate the individual and economic hardships due to the L subway line closure; establishes a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices. |
A09861 Actions:
BILL NO | A09861C | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/14/2018 | referred to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2018 | amend (t) and recommit to corporations, authorities and commissions | |||||||||||||||||||||||||||||||||||||||||||||||||
06/01/2018 | print number 9861a | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2018 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2018 | amend (t) and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/12/2018 | print number 9861b | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | amend and recommit to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/13/2018 | print number 9861c | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | rules report cal.281 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | ordered to third reading rules cal.281 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/19/2018 | REFERRED TO RULES |
A09861 Committee Votes:
Paulin | Aye | Lawrence | Aye | ||||||
Cook | Aye | Blankenbush | Aye | ||||||
Galef | Aye | Friend | Aye | ||||||
Jenne | Aye | Malliotakis | Aye | ||||||
Rodriguez | Aye | Palmesano | Aye | ||||||
Abinanti | Aye | Montesano | Nay | ||||||
Quart | Aye | Lalor | Aye | ||||||
Otis | Aye | ||||||||
Rozic | Aye | ||||||||
Kim | Aye | ||||||||
Buchwald | Aye | ||||||||
Seawright | Aye | ||||||||
Dilan | Nay | ||||||||
Richardson | Absent | ||||||||
De La Rosa | Aye | ||||||||
Pheffer Amato | Aye | ||||||||
Vanel | Absent | ||||||||
Carroll | Aye | ||||||||
Espinal | Aye | ||||||||
Weinstein | Aye | Oaks | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Aye | Barclay | Aye | ||||||
Gantt | Excused | Fitzpatrick | Aye | ||||||
Glick | Aye | Hawley | Aye | ||||||
Nolan | Aye | Malliotakis | Aye | ||||||
Pretlow | Aye | Walter | Aye | ||||||
Perry | Aye | Montesano | Nay | ||||||
Colton | Aye | Curran | Aye | ||||||
Cook | Aye | Ra | Aye | ||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Hooper | Excused | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Simotas | Aye | ||||||||
Heastie | Aye | Kolb | Aye | ||||||
Gottfried | Aye | Oaks | Aye | ||||||
Lentol | Aye | Butler | Aye | ||||||
Gantt | Excused | Crouch | Aye | ||||||
Nolan | Aye | Finch | Aye | ||||||
Weinstein | Aye | Barclay | Aye | ||||||
Hooper | Aye | Raia | Aye | ||||||
Ortiz | Aye | Hawley | Aye | ||||||
Pretlow | Aye | ||||||||
Cook | Aye | ||||||||
Glick | Aye | ||||||||
Morelle | Aye | ||||||||
Aubry | Aye | ||||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Aye | ||||||||
Magnarelli | Aye | ||||||||
Perry | Aye | ||||||||
Galef | Aye | ||||||||
Paulin | Aye | ||||||||
Titus | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Go to top
A09861 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
Yes
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
No
Montesano
Yes
Richardson
Yes
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
Yes
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
ER
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
A09861 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9861--C IN ASSEMBLY February 14, 2018 ___________ Introduced by M. of A. LENTOL, DAVILA, BARRON, MOSLEY -- Multi-Sponsored by -- M. of A. NIOU -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said commit- tee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public authorities law and the vehicle and traffic law, in relation to mitigating the closure of the L subway line in the city of New York; and to amend the public authorities law, the vehicle and traffic law and the public officers law, in relation to establish- ing a temporary high-occupancy vehicle program on the Williamsburg bridge by means of mobile or stationary photo devices; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The L subway line is of vital impor- 2 tance to commuters, the local community, and businesses within the 3 service area of the line. Hundreds of thousands of New Yorkers ride the 4 line on a daily basis, and such ridership volume is essential to the 5 economic vitality of nearby businesses. Officials from the metropolitan 6 transportation authority (MTA) have indicated that portions of the L 7 subway line will be temporarily closed for repair work beginning in 8 April of 2019. The closure is anticipated to last fifteen months and 9 affect all L subway line stations west of the Bedford Avenue Station. 10 The temporary closure of the L subway line will cause individual and 11 economic hardships for those who rely on the line for transportation and 12 economic opportunities. Currently, there is no statutory requirement 13 that would mandate the MTA to develop a plan to address the impacts of 14 such a closure, allow for public feedback, and provide the plan to the 15 community. It is the intent of the legislature that there be a legal 16 requirement for the MTA to consider and address all of the impacts of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14751-07-8A. 9861--C 2 1 such a significant closure and provide a plan to the public in a timely 2 manner. Such plan shall require the MTA to address timelines involved 3 with the proposed closure, transportation alternatives to accommodate 4 diverted riders, transportation facility improvements and expansion, the 5 authority to utilize bus lane cameras to facilitate alternative forms of 6 transportation, and provide for public input throughout the planning 7 process and the L subway line closure. Public notice and involvement 8 throughout the process is essential so that everyday riders are able to 9 adjust their commuting habits and businesses are able to adapt to such a 10 change as a result of the closure. The legislature hereby finds and 11 declares that the L subway line closure and its impacts are a signif- 12 icant concern. The legislature further finds and declares that the MTA 13 shall be required to have a plan, prior to the L subway line closure, 14 that would mitigate the effects of, and accommodate those affected by, 15 the closure. Finally, the legislature finds and declares that such plan 16 shall provide for public input and be provided to the community. 17 § 2. The public authorities law is amended by adding a new section 18 1279-e to read as follows: 19 § 1279-e. L subway line closure mitigation plan. 1. The authority, in 20 consultation with the New York city department of transportation, the 21 New York city economic development corporation, the permanent citizens 22 advisory committee to the authority and any other entity the authority 23 deems relevant, shall develop a plan to mitigate the individual and 24 economic hardships due to the L subway line closure. Such plan shall 25 include but not be limited to the following: 26 (a) an anticipated timeline for the L subway line closure, including 27 the anticipated start time and date for the closure and the anticipated 28 end time and date for the closure; 29 (b) an analysis of the anticipated increase in ridership on alterna- 30 tive routes, including but not limited to, alternative bus routes, 31 alternative subway routes and all other forms of alternative transporta- 32 tion utilized to accommodate diverted L-riders as a result of the L 33 subway line closure; 34 (c) identification of the specific corridors and related transporta- 35 tion modes that will be impacted and disrupted by the L subway line 36 closure; 37 (d) identification of the specific impacts and disruptions caused by 38 the L subway line closure at alternative routes, corridors and related 39 transportation modes to accommodate diverted L-riders; 40 (e) identification of specific mitigation measures to lessen the iden- 41 tified and anticipated impacts and disruptions at alternative routes, 42 corridors and related transportation modes; 43 (f) identification of surface and subway transportation improvements 44 and restrictions to prepare for the disruption and impacts of the L 45 subway line closure; 46 (g) a determination of the timing and scope of each individual 47 improvement and restriction to surface and subway transportation; 48 (h) commencement, advertisement and publication of public hearings 49 before, during and after the closure of the L subway line; 50 (i) an extensive community outreach process before, during and after 51 the L subway line closure; 52 (j) additional station turnstile, stair and control area capacity and 53 service at the numerous stations on the alternative subway lines to 54 accommodate diverted L-riders as a result of the L subway line closure; 55 (k) additional L-alternative subway line service and capacity on week- 56 ends and overnights;A. 9861--C 3 1 (l) shuttle bus service to accommodate diverted L-riders as a result 2 of the L subway line closure in the L subway line closure area; 3 (m) free transfers for ferry, bus and subway lines to accommodate 4 diverted passengers as a result of the L subway line closure; 5 (n) increased ferry capacity and service connecting Brooklyn and 6 Manhattan to accommodate diverted L-riders as a result of the L subway 7 line closure; 8 (o) increased bus service and capacity to accommodate diverted L-rid- 9 ers as a result of the L subway line closure within the L subway line 10 closure area; 11 (p) increased subway service and capacity on L alternative route 12 subway lines to accommodate diverted L-riders as a result of the L 13 subway line closure; 14 (q) identification of subway station improvements at L-alternative 15 route subway lines to accommodate diverted L-riders as a result of the L 16 subway line closure; 17 (r) fare parity between ferry, bus and subway lines for diverted 18 L-riders as a result of the L subway line closure; 19 (s) contract incentives and penalties for the contractors to encourage 20 the completion of the L subway line closure project within fifteen 21 months; 22 (t) the implementation of bus lanes in order to move buses quickly and 23 not add to congestion and to accommodate diverted L-riders as a result 24 of the L subway line closure; 25 (u) the implementation of high occupancy vehicle(HOV) lane 26 restrictions in order to move high occupancy vehicles quickly and not 27 add to congestion and to accommodate diverted L-riders as a result of 28 the L subway line closure; 29 (v) the identification of appropriate placement of HOV lanes through- 30 out the impacted area to accommodate diverted L-riders as a result of 31 the L subway line closure; 32 (w) determination and evaluation enforcement measures of HOV lanes; 33 (x) the periodic review of the effectiveness of HOV lanes; 34 (y) analysis of the impact of the Williamsburg Bridge restrictions on 35 the other East River crossings; 36 (z) mitigation of an outsized shift of diverted L-riders to for-hire 37 vehicles that could lead to massive congestion at East River crossings; 38 (aa) development of robust plans for bicycle use to accommodate 39 diverted L-riders as a result of the L subway line closure; 40 (bb) expanded access to pedestrians, bus riders and cyclists along 41 L-alternative route transportation corridors to ensure quick and effi- 42 cient movement for diverted L-riders as a result of the L subway line 43 closure; 44 (cc) peak hour restrictions to assist buses in traveling along L-al- 45 ternative transportation routes to accommodate diverted L-riders as a 46 result of the L subway line closure; 47 (dd) bus lanes to assist buses in traveling along L-alternative trans- 48 portation routes to accommodate diverted L-riders as a result of the L 49 subway line closure; 50 (ee) select bus service to assist buses in traveling along L-alterna- 51 tive transportation routes to accommodate diverted L-riders as a result 52 of the L subway line closure; 53 (ff) upgrading of select bus service to assist buses traveling along 54 L-alternative transportation routes to accommodate diverted L-riders as 55 a result of the L subway line closure;A. 9861--C 4 1 (gg) temporary bus bulbs to assist buses traveling along L-alternative 2 transportation routes to accommodate diverted L-riders as a result of 3 the L subway line closure; 4 (hh) offset bus lines to assist buses traveling along L-alternative 5 transportation routes to accommodate diverted L-riders as a result of 6 the L subway line closure; 7 (ii) sidewalk expansion along the L-alternative transportation routes 8 to accommodate diverted L-riders as a result of the L subway line 9 closure; 10 (jj) new pedestrian space along the L-alternative transportation 11 routes to accommodate diverted L-riders as a result of the L subway line 12 closure; 13 (kk) an analysis and determination of the impact on daily cycling 14 volume along the L-alternative transportation routes to accommodate 15 diverted L-riders as a result of the L subway line closure; 16 (ll) two-way protected crosstown bike lane to accommodate diverted 17 L-riders as a result of the L subway line closure; 18 (mm) pedestrianized street features along the L-alternative transpor- 19 tation routes to accommodate diverted L-riders as a result of the L 20 subway line closure; 21 (nn) new bike parking hubs along the L-alternative transportation 22 routes to accommodate diverted L-riders as a result of the L subway line 23 closure; 24 (oo) new ferry routes along the L-alternative transportation routes to 25 accommodate diverted L-riders as a result of the L subway line closure; 26 (pp) increased services and capacity for community bicycle-sharing 27 programs to accommodate diverted L-riders as a result of the L subway 28 line closure; 29 (qq) identification and implementation of the placement of additional 30 crosswalks along the L-alternative transportation routes to accommodate 31 diverted L-riders as a result of the L subway line closure; 32 (rr) additional bicycle parking along the L-alternative transportation 33 routes to accommodate diverted L-riders as a result of the L subway line 34 closure; and 35 (ss) the periodic briefing of elected officials on the status of the 36 subway line closure before, during and after the closure. 37 2. In developing the plan referenced in subdivision one of this 38 section, the authority shall consider but not be limited to the follow- 39 ing actions and measures for inclusion in said plan: 40 (a) discounted advertising on all authority advertising mediums within 41 the L subway line closure area; 42 (b) signage within the L subway line closure area in the vicinity of 43 above-ground work sites which state that nearby businesses are open; 44 (c) the commissioning of public art to be installed within the L 45 subway line closure area for the purpose of drawing visitors to neigh- 46 borhoods in the L subway line closure area; 47 (d) methods to encourage the patronage of businesses within the L 48 subway line closure area; 49 (e) in consultation with the urban development corporation, providing 50 financial assistance to businesses within the L subway line closure 51 area, including grants and rental and utility assistance; and 52 (f) in consultation with the New York city economic development corpo- 53 ration, identifying state owned property in Manhattan which may be used 54 as temporary showrooms for businesses within the L subway line project 55 area.A. 9861--C 5 1 3. For purposes of this section "L subway line closure area" shall 2 mean an area approved by the board of the authority that is adjacent to 3 or affected by the temporary closure of portions of the L subway line 4 for repairs. 5 4. The L subway line closure mitigation plan required pursuant to this 6 section shall, no later than sixty days before the commencement of the L 7 subway line closure, be submitted to the governor, the temporary presi- 8 dent of the senate and the speaker of the assembly, be posted on the 9 authority's website and also be made readily available to the public. 10 5. The authority shall not charge an additional or extra fare or fee 11 for any shuttle bus service to accommodate diverted L-riders as a result 12 of the L subway line closure in the L subway line closure area. 13 § 3. Paragraph 5 of subdivision (c) of section 1111-c of the vehicle 14 and traffic law, as amended by section 6 of part NNN of chapter 59 of 15 the laws of 2018, is amended to read as follows: 16 5. "bus rapid transit program" shall mean up to ten routes designated 17 by the New York city department of transportation in consultation with 18 the applicable mass transit agency, a route designated by the New York 19 city department of transportation on Grand Street, Delancey Street and 20 the Williamsburg Bridge from the Grand Street station to the Delancey 21 Street station, and a route designated by the New York city department 22 of transportation on Fourteenth Street between Third and Ninth Avenues 23 eastbound and Third and Eighth Avenues westbound, in addition to the Bus 24 Rapid Transit Phase I plan routes, that operate on designated bus lanes 25 and that may include upgraded signage, enhanced road markings, minimum 26 bus stop spacing, off-board fare payment, traffic signal priority for 27 buses, and any other enhancement that increases bus speed or reliabil- 28 ity. 29 § 4. Section 1268 of the public authorities law is amended by adding a 30 new subdivision 4 to read as follows: 31 4. The authority and the New York city transit authority or any of its 32 subsidiary corporations shall consult with and assist the city of New 33 York in implementing a temporary high-occupancy vehicle (HOV) program on 34 the Williamsburg bridge pursuant to section eleven hundred ten-a of the 35 vehicle and traffic law. 36 § 5. The vehicle and traffic law is amended by adding a new section 37 235-a to read as follows: 38 § 235-a. Jurisdiction; Williamsburg bridge temporary high-occupancy 39 vehicle program. Notwithstanding any inconsistent provisions of any 40 general, special or local law or administrative code to the contrary, in 41 any city which heretofore or hereafter is authorized to establish an 42 administrative tribunal having jurisdiction to hear and determine 43 complaints of traffic infractions constituting parking, standing or 44 stopping violations in accordance with this article, such tribunal shall 45 be authorized to adjudicate the liability of owners for violations of 46 subdivision (f) of section eleven hundred ten in accordance with section 47 eleven hundred ten-a of this chapter and such tribunal and the rules and 48 regulations pertaining thereto shall be constituted in substantial 49 conformance with the following sections. 50 § 6. Section 236 of the vehicle and traffic law is amended by adding a 51 new subdivision 1-a to read as follows: 52 1-a. A parking violations bureau created pursuant to subdivision one 53 of this section shall have jurisdiction as provided in this section and 54 shall adjudicate liability of owners for violations of subdivision (f) 55 of section eleven hundred ten in accordance with section eleven hundred 56 ten-a of this chapter.A. 9861--C 6 1 § 7. Section 237 of the vehicle and traffic law is amended by adding a 2 new subdivision 16 to read as follows: 3 16. To adjudicate the liability of owners for violations of subdivi- 4 sion (f) of section eleven hundred ten in accordance with section eleven 5 hundred ten-a of this chapter. 6 § 8. Subdivision 1 of section 239 of the vehicle and traffic law is 7 amended by adding a new paragraph f-1 to read as follows: 8 f-1. "Notice of violation" means a notice of violation as defined in 9 subdivision nine of section two hundred thirty-seven of this article, 10 but shall not be deemed to include a notice of liability issued pursuant 11 to authorization set forth in section eleven hundred ten-a of this chap- 12 ter. 13 § 9. Section 239 of the vehicle and traffic law is amended by adding a 14 new subdivision 5 to read as follows: 15 5. Applicability. The provisions of paragraph b of subdivision two and 16 subdivision three of this section shall not be applicable to determi- 17 nations of owner liability for the failure of an operator to comply with 18 subdivision (f) of section eleven hundred ten of this chapter. 19 § 10. Section 240 of the vehicle and traffic law is amended by adding 20 three new subdivisions 1-b, 1-c and 2-a to read as follows: 21 1-b. Notice of hearing. Whenever a person alleged to be liable in 22 accordance with section eleven hundred ten-a of this chapter contests 23 such allegation, the bureau shall advise such person personally by such 24 form of first class mail as the director may direct of the date on which 25 he or she must appear to answer the charge at a hearing. The form and 26 content of such notice of hearing shall be prescribed by the director, 27 and shall contain a warning to advise the person so pleading or contest- 28 ing that failure to appear on the date designated, or on any subsequent 29 adjourned date, shall be deemed an admission of liability, and that a 30 default judgment may be entered thereon. 31 1-c. Fines and penalties. Whenever a plea of not guilty has been 32 entered, or the bureau has been notified that an allegation of liability 33 in accordance with section eleven hundred ten-a of this chapter is being 34 contested, by a person in a timely fashion and a hearing on the merits 35 has been demanded, but has not yet been held, the bureau shall not issue 36 any notice of fine or penalty to that person prior to the date of the 37 hearing. 38 2-a. Conduct of hearings. a. Every hearing for an adjudication of an 39 allegation of liability in accordance with section eleven hundred ten-a 40 of this chapter shall be held before a hearing examiner in accordance 41 with rules and regulations promulgated by the bureau. 42 b. No charge may be established except upon proof by substantial 43 evidence. 44 c. The hearing examiner shall not be bound by the rules of evidence in 45 the conduct of the hearing, except rules relating to privileged communi- 46 cations. 47 d. The hearing examiner shall at the request of the person charged on 48 a showing of good cause and need therefor, or in his or her own 49 discretion, issue a subpoena to compel the appearance at a hearing of 50 the officer who served the notice of violation or of other persons to 51 give testimony, and may issue a subpoena duces tecum to compel the 52 production for examination or introduction into evidence, of any book, 53 paper or other thing relevant to the charges. 54 e. In the case of a refusal to obey a subpoena, the bureau may make 55 application to the Supreme Court pursuant to section twenty-threeA. 9861--C 7 1 hundred eight of the civil practice law and rules, for an order requir- 2 ing such appearance, testimony or production of evidence. 3 f. The hearing examiner shall not examine the prior violation record 4 of a person charged before making a determination. 5 g. A record shall be made of a hearing on a plea of not guilty or of a 6 hearing at which liability in accordance with section eleven hundred 7 ten-a of this chapter is contested. Recording devices may be used for 8 the making of the record. 9 § 11. Section 241 of the vehicle and traffic law is amended by adding 10 two new subdivisions 1-a and 2-a to read as follows: 11 1-a. The hearing examiner shall make a determination on the charges, 12 either sustaining or dismissing them. Where the hearing examiner deter- 13 mines that the charges have been sustained he or she may examine the 14 record of liabilities incurred in accordance with section eleven hundred 15 ten-a of this chapter of the person charged prior to rendering a final 16 determination. Final determinations sustaining or dismissing charges 17 shall be entered on a final determination roll maintained by the bureau 18 together with records showing payment and nonpayment of penalties. 19 2-a. Where an operator or owner fails to contest an allegation of 20 liability in accordance with section eleven hundred ten-a of this chap- 21 ter or fails to appear on a designated hearing date or subsequent 22 adjourned date or fails after a hearing to comply with the determination 23 of a hearing examiner, as prescribed by this article or by rule or regu- 24 lation of the bureau, such failure to contest, appear or comply shall be 25 deemed, for all purposes, an admission of liability and shall be grounds 26 for rendering and entering a default judgment in an amount provided by 27 the rules and regulations of the bureau. However, after the expiration 28 of the original date prescribed for contesting an allegation of liabil- 29 ity and before a default judgment may be rendered, in such case the 30 bureau shall pursuant to the applicable provisions of law notify such 31 operator or owner, by such form of first class mail as the commission 32 may direct: (1) of the liability in accordance with section eleven 33 hundred ten-a of this chapter alleged, (2) of the impending default 34 judgment, (3) that such judgment will be entered in the Civil Court of 35 the city in which the bureau has been established, or other court of 36 civil jurisdiction or any other place provided for the entry of civil 37 judgments within the state of New York, and (4) that a default may be 38 avoided by contesting an allegation of liability in accordance with 39 section eleven hundred ten-a of this chapter or making an appearance 40 within thirty days of the sending of such notice. Allegations of liabil- 41 ity contested within that period shall be in the manner prescribed in 42 the notice and not subject to additional penalty or fee. Such notice of 43 impending default judgment shall not be required prior to the rendering 44 and entry thereof in the case of operators or owners who are non-resi- 45 dents of the state of New York. In no case shall a default judgment be 46 rendered or, where required, a notice of impending default judgment be 47 sent, more than two years after the expiration of the time prescribed 48 for contesting an allegation of liability. When a person has demanded a 49 hearing, no fine or penalty shall be imposed for any reason prior to the 50 holding of the hearing. If the hearing examiner shall make a determi- 51 nation on the charges, sustaining them, he or she shall impose no great- 52 er penalty or fine than those upon which the person was originally 53 charged. 54 § 12. Subdivision 5-a of section 401 of the vehicle and traffic law is 55 amended by adding a new paragraph a-1 to read as follows:A. 9861--C 8 1 a-1. If at the time of application for a registration or renewal ther- 2 eof there is a certification from a court or administrative tribunal of 3 appropriate jurisdiction that the registrant or his or her represen- 4 tative failed to appear on the return date or any subsequent adjourned 5 date or failed to comply with the rules and regulations of an adminis- 6 trative tribunal following entry of a final decision in response to a 7 total of three or more summonses or other process in the aggregate, 8 issued within an eighteen-month period, charging that the registrant was 9 liable in accordance with section eleven hundred ten-a of this chapter 10 for a violation of subdivision (f) of section eleven hundred ten of this 11 chapter, the commissioner or his or her agent shall deny the registra- 12 tion or renewal application until the applicant provides proof from the 13 court or administrative tribunal wherein the charges are pending that an 14 appearance or answer has been made or in the case of an administrative 15 tribunal that he or she has complied with the rules and regulations of 16 said tribunal following entry of a final decision. Where an application 17 is denied pursuant to this section, the commissioner may, in his or her 18 discretion, deny a registration or renewal application to any other 19 person for the same vehicle and may deny a registration or renewal 20 application for any other motor vehicle registered in the name of the 21 applicant where the commissioner has determined that such registrant's 22 intent has been to evade the purposes of this subdivision and where the 23 commissioner has reasonable grounds to believe that such registration or 24 renewal will have the effect of defeating the purposes of this subdivi- 25 sion. Such denial shall only remain in effect as long as the summonses 26 remain unanswered, or in the case of an administrative tribunal, the 27 registrant fails to comply with the rules and regulations following 28 entry of a final decision. 29 § 13. Section 1110 of the vehicle and traffic law is amended by adding 30 a new subdivision (f) to read as follows: 31 (f) Every person shall obey the instructions of any official traffic- 32 control device placed to delineate high-occupancy vehicle lane 33 restrictions under the temporary HOV program established pursuant to 34 section eleven hundred ten-a of this chapter, unless otherwise directed 35 by a traffic or police officer, subject to the exceptions granted the 36 driver of an authorized emergency vehicle in this title. 37 § 14. The vehicle and traffic law is amended by adding a new section 38 1110-a to read as follows: 39 § 1110-a. Owner liability for failure of operator to comply with 40 temporary high-occupancy vehicle program restrictions. (a) 1. Notwith- 41 standing any other provision of law, the city of New York in consulta- 42 tion with the metropolitan transportation authority is hereby authorized 43 and empowered to establish a temporary high-occupancy vehicle (HOV) 44 program on the Williamsburg bridge imposing monetary liability on the 45 owner of a vehicle for failure of an operator thereof to comply with HOV 46 restrictions on such bridge in such city in accordance with the 47 provisions of this section. The New York city department of transporta- 48 tion, for purposes of the implementation of such program, shall operate 49 HOV photo devices only within designated HOV areas on the Williamsburg 50 bridge in such city. Such HOV photo devices may be stationary or mobile 51 and shall be activated at locations determined by such department of 52 transportation. 53 2. Any image or images captured or produced by an HOV photo device 54 shall not be used for any purpose other than as specified in this 55 section in the absence of a court order requiring such image to be 56 produced.A. 9861--C 9 1 3. The city of New York shall adopt and enforce measures to protect 2 the privacy of drivers, passengers, pedestrians and cyclists whose iden- 3 tity and identifying information may be captured by an HOV photo device, 4 provided, however, that no notice of liability issued pursuant to this 5 section shall be dismissed solely because an image produced by an HOV 6 photo device allows for the identification of the driver, the passen- 7 gers, or the contents of a vehicle, provided that the city has made a 8 reasonable effort to comply with the provisions of this paragraph. Such 9 protective measures shall include: 10 (i) the utilization of necessary technologies to ensure that images 11 produced by such HOV photo devices shall not include images that identi- 12 fy the driver, the passengers, or the contents of the vehicle; 13 (ii) a prohibition on the use or dissemination of vehicles' license 14 plate information and other information and images captured by HOV photo 15 devices except: (A) as required to establish liability under this 16 section or collect payment of penalties; (B) as required by court order; 17 (C) as required pursuant to a search warrant issued in accordance with 18 the criminal procedure law or a subpoena; or (D) as otherwise required 19 by law; 20 (iii) the installation of signage in advance of entry points to desig- 21 nated HOV areas stating that HOV photo devices are used to enforce HOV 22 restrictions; and 23 (iv) oversight procedures to ensure compliance with the aforementioned 24 privacy protection measures. 25 4. Within the city of New York, such HOV photo devices used in accord- 26 ance with the temporary HOV program shall only be operated within desig- 27 nated HOV areas on the Williamsburg bridge during periods to be deter- 28 mined by the New York city department of transportation in consultation 29 with the metropolitan transportation authority in order to facilitate 30 traffic management. Determination of such periods shall be made based on 31 factors that include, but are not limited to, empirical traffic analyses 32 conducted by such department, input from the public, and guidance from 33 appropriate government entities regarding mitigation strategies. 34 (b) If the city of New York has established a temporary HOV program 35 pursuant to subdivision (a) of this section, the owner of a vehicle 36 shall be liable for a penalty imposed pursuant to this section if such 37 vehicle was used or operated with the permission of the owner, express 38 or implied, in violation of any HOV restrictions that apply, and such 39 violation is evidenced by information obtained from an HOV photo device; 40 provided, however that no owner of a vehicle shall be liable for a 41 penalty imposed pursuant to this section where the operator of such 42 vehicle has been convicted of the underlying violation of any HOV 43 restrictions. 44 (c) For purposes of this section, the following terms shall have the 45 following meanings: 46 1. "Owner" shall have the meaning provided in article two-B of this 47 chapter. 48 2. "High-occupancy vehicle" or "HOV" shall mean vehicles with a high 49 number of occupants as determined in rules promulgated by the New York 50 city department of transportation. 51 3. "HOV photo device" shall mean a device that is capable of operating 52 independently of an enforcement officer and produces one or more images 53 of each vehicle at the time it is in violation of HOV restrictions. 54 4. "HOV restrictions" shall mean restrictions, within the temporary 55 HOV program, on the use of designated areas of the Williamsburg bridge, 56 during time periods to be defined by the New York city department ofA. 9861--C 10 1 transportation, by a vehicle other than: (i) an HOV; (ii) a vehicle 2 registered as a commercial vehicle pursuant to part one hundred six of 3 title fifteen of the New York codes, rules and regulations; (iii) an 4 authorized emergency vehicle; (iv) an access-a-ride vehicle as defined 5 in chapter five of title thirty-four of the rules of the city of New 6 York; or (v) a bus. 7 5. "Temporary HOV program" shall mean a temporary program that oper- 8 ates exclusively within designated HOV areas on the Williamsburg bridge 9 during periods of high-traffic volume to be determined by the New York 10 city department of transportation. Determination of such periods shall 11 be made based on factors that include, but are not limited to, empirical 12 traffic analyses conducted by such department, input from the public, 13 and guidance from appropriate government entities regarding mitigation 14 strategies. 15 (d) A certificate, sworn to or affirmed by a technician employed by 16 the city of New York, or a facsimile thereof, based upon inspection of 17 photographs, microphotographs, videotape or other recorded images 18 produced by an HOV photo device, shall be prima facie evidence of the 19 facts contained therein. Any photographs, microphotographs, videotape or 20 other recorded images evidencing such a violation shall be available for 21 inspection in any proceeding to adjudicate the liability for such 22 violation pursuant to this section. 23 (e) An owner liable for a violation of subdivision (f) of section 24 eleven hundred ten of this article shall be liable for monetary penal- 25 ties in accordance with a schedule of fines and penalties promulgated by 26 the parking violations bureau of the city of New York. The liability of 27 the owner pursuant to this section shall not exceed thirty-five dollars; 28 provided, further, that an owner shall be liable for an additional 29 penalty not to exceed twenty-five dollars for each violation for the 30 failure to respond to a notice of liability within the prescribed time 31 period. 32 (f) An imposition of liability pursuant to this section shall not be 33 deemed a conviction of an operator and shall not be made part of the 34 operating record of the person upon whom such liability is imposed, nor 35 shall it be used for insurance purposes in the provision of motor vehi- 36 cle insurance coverage. 37 (g) 1. A notice of liability shall be sent by first class mail to each 38 person alleged to be liable as an owner for a violation of subdivision 39 (f) of section eleven hundred ten of this article pursuant to this 40 section. Personal delivery to the owner shall not be required. A manual 41 or automatic record of mailing prepared in the ordinary course of busi- 42 ness shall be prima facie evidence of the facts contained therein. 43 2. A notice of liability shall contain the name and address of the 44 person alleged to be liable as an owner for a violation of subdivision 45 (f) of section eleven hundred ten of this article pursuant to this 46 section, the registration number of the vehicle involved in such 47 violation, the location where such violation took place, one or more 48 images identifying the violation, the date and time of such violation 49 and the identification number of the HOV photo device which recorded the 50 violation or other document locator number. 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 warning to advise the person charged that failure to contest 55 in the manner and time provided shall be deemed an admission of liabil- 56 ity and that a default judgment may be entered thereon.A. 9861--C 11 1 4. The notice of liability shall be prepared and mailed by the agency 2 or agencies designated by the city of New York, or any other entity 3 authorized by such city to prepare and mail such notification of 4 violation. 5 5. Adjudication of the liability imposed upon owners by this section 6 shall be by the New York city parking violations bureau. 7 (h) If an owner of a vehicle receives a notice of liability pursuant 8 to this section for any time period during which such vehicle was 9 reported to the police department as having been stolen, it shall be a 10 valid defense to an allegation of liability for a violation of subdivi- 11 sion (f) of section eleven hundred ten of this article pursuant to this 12 section that the vehicle had been reported to the police as stolen prior 13 to the time the violation occurred and had not been recovered by such 14 time. For purposes of asserting the defense provided by this subdivision 15 it shall be sufficient that a certified copy of the police report on the 16 stolen vehicle be sent by first class mail to the parking violations 17 bureau of such city. 18 (i) 1. An owner who is a lessor of a vehicle to which a notice of 19 liability was issued pursuant to subdivision (g) of this section shall 20 not be liable for the violation of subdivision (f) of section eleven 21 hundred ten of this article, provided that: 22 (i) prior to the violation, the lessor has filed with such parking 23 violations bureau in accordance with the provisions of section two 24 hundred thirty-nine of this chapter; and 25 (ii) within thirty-seven days after receiving notice from such bureau 26 of the date and time of a liability, together with the other information 27 contained in the original notice of liability, the lessor submits to 28 such bureau the correct name and address of the lessee of the vehicle 29 identified in the notice of liability at the time of such violation, 30 together with such other additional information contained in the rental, 31 lease or other contract document, as may be reasonably required by such 32 bureau pursuant to regulations that may be promulgated for such purpose. 33 2. Failure to comply with subparagraph (ii) of paragraph one of this 34 subdivision shall render the lessor liable for the penalty prescribed in 35 this section. 36 3. Where the lessor complies with the provisions of paragraph one of 37 this subdivision, the lessee of such vehicle on the date of such 38 violation shall be deemed to be the owner of such vehicle for purposes 39 of this section, shall be subject to liability for such violation pursu- 40 ant to this section, and shall be sent a notice of liability pursuant to 41 subdivision (g) of this section. 42 (j) If the owner liable for a violation of subdivision (f) of section 43 eleven hundred ten of this article was not the operator of the vehicle 44 at the time of the violation, the owner may maintain an action for 45 indemnification against the operator. 46 (k) Nothing in this section shall be construed to limit the liability 47 of an operator of a vehicle for any violation of subdivision (f) of 48 section eleven hundred ten of this article. 49 § 15. The opening paragraph and paragraph (c) of subdivision 1 of 50 section 1809 of the vehicle and traffic law, as amended by section 10 of 51 chapter 222 of the laws of 2015, are amended to read as follows: 52 Whenever proceedings in an administrative tribunal or a court of this 53 state result in a conviction for an offense under this chapter or a 54 traffic infraction under this chapter, or a local law, ordinance, rule 55 or regulation adopted pursuant to this chapter, other than a traffic 56 infraction involving standing, stopping, or parking or violations byA. 9861--C 12 1 pedestrians or bicyclists, or other than an adjudication of liability of 2 an owner for a violation of subdivision (d) of section eleven hundred 3 eleven of this chapter in accordance with section eleven hundred 4 eleven-a of this chapter, or other than an adjudication of liability of 5 an owner for a violation of subdivision (d) of section eleven hundred 6 eleven of this chapter in accordance with section eleven hundred 7 eleven-b of this chapter, or other than an adjudication in accordance 8 with section eleven hundred eleven-c of this chapter for a violation of 9 a bus lane restriction as defined in such section, or other than an 10 adjudication of liability of an owner for a violation of subdivision (d) 11 of section eleven hundred eleven of this chapter in accordance with 12 section eleven hundred eleven-d of this chapter, or other than an adju- 13 dication of liability of an owner for a violation of subdivision (b), 14 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in 15 accordance with section eleven hundred eighty-b of this chapter, or 16 other than an adjudication of liability of an owner for a violation of 17 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty 18 of this chapter in accordance with section eleven hundred eighty-c of 19 this chapter, or other than an adjudication of liability of an owner for 20 a violation of subdivision (d) of section eleven hundred eleven of this 21 chapter in accordance with section eleven hundred eleven-e of this chap- 22 ter, or other than an adjudication of liability of an owner for a 23 violation of subdivision (f) of section eleven hundred ten of this chap- 24 ter in accordance with section eleven hundred ten-a of this chapter, 25 there shall be levied a crime victim assistance fee and a mandatory 26 surcharge, in addition to any sentence required or permitted by law, in 27 accordance with the following schedule: 28 (c) Whenever proceedings in an administrative tribunal or a court of 29 this state result in a conviction for an offense under this chapter 30 other than a crime pursuant to section eleven hundred ninety-two of this 31 chapter, or a traffic infraction under this chapter, or a local law, 32 ordinance, rule or regulation adopted pursuant to this chapter, other 33 than a traffic infraction involving standing, stopping, or parking or 34 violations by pedestrians or bicyclists, or other than an adjudication 35 of liability of an owner for a violation of subdivision (d) of section 36 eleven hundred eleven of this chapter in accordance with section eleven 37 hundred eleven-a of this chapter, or other than an adjudication of 38 liability of an owner for a violation of subdivision (d) of section 39 eleven hundred eleven of this chapter in accordance with section eleven 40 hundred eleven-b of this chapter, or other than an adjudication of 41 liability of an owner for a violation of subdivision (d) of section 42 eleven hundred eleven of this chapter in accordance with section eleven 43 hundred eleven-d of this chapter, or other than an infraction pursuant 44 to article nine of this chapter or other than 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 or other than 49 an adjudication in accordance with section eleven hundred eleven-c of 50 this chapter for a violation of a bus lane restriction as defined in 51 such section, or other than an adjudication of liability of an owner for 52 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven 53 hundred eighty of this chapter in accordance with section eleven hundred 54 eighty-b of this chapter, or other than an adjudication of liability of 55 an owner for a violation of subdivision (b), (c), (d), (f) or (g) of 56 section eleven hundred eighty of this chapter in accordance with sectionA. 9861--C 13 1 eleven hundred eighty-c of this chapter, or other than an adjudication 2 of liability of an owner for a violation of subdivision (d) of section 3 eleven hundred eleven of this chapter in accordance with section eleven 4 hundred eleven-e of this chapter, or other than an adjudication of 5 liability of an owner for a violation of subdivision (f) of section 6 eleven hundred ten of this chapter in accordance with section eleven 7 hundred ten-a of this chapter, there shall be levied a crime victim 8 assistance fee in the amount of five dollars and a mandatory surcharge, 9 in addition to any sentence required or permitted by law, in the amount 10 of fifty-five dollars. 11 § 15-a. Subdivision 1 of section 1809 of the vehicle and traffic law, 12 as amended by section 10-a of chapter 222 of the laws of 2015, is 13 amended to read as follows: 14 1. Whenever proceedings in an administrative tribunal or a court of 15 this state result in a conviction for a crime under this chapter or a 16 traffic infraction under this chapter, or a local law, ordinance, rule 17 or regulation adopted pursuant to this chapter, other than a traffic 18 infraction involving standing, stopping, parking or motor vehicle equip- 19 ment or violations by pedestrians or bicyclists, or other than an adju- 20 dication of liability of an owner for a violation of subdivision (d) of 21 section eleven hundred eleven of this chapter in accordance with section 22 eleven hundred eleven-a of this chapter, or other than an adjudication 23 of liability of an owner for a violation of subdivision (d) of section 24 eleven hundred eleven of this chapter in accordance with section eleven 25 hundred eleven-b of this chapter, or other than an adjudication in 26 accordance with section eleven hundred eleven-c of this chapter for a 27 violation of a bus lane restriction as defined in such section, or other 28 than an adjudication of liability of an owner for a violation of subdi- 29 vision (d) of section eleven hundred eleven of this chapter in accord- 30 ance with section eleven hundred eleven-d of this chapter, or other than 31 an adjudication of liability of an owner for a violation of subdivision 32 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 33 ter in accordance with section eleven hundred eighty-b of this chapter, 34 or other than an adjudication of liability of an owner for a violation 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-c of this chapter, or other than an adjudication of liability of an 38 owner for a violation of subdivision (d) of section eleven hundred elev- 39 en of this chapter in accordance with section eleven hundred eleven-e of 40 this chapter, or other than an adjudication of liability of an owner for 41 a violation of subdivision (f) of section eleven hundred ten of this 42 chapter in accordance with section eleven hundred ten-a of this chapter, 43 there shall be levied a mandatory surcharge, in addition to any sentence 44 required or permitted by law, in the amount of twenty-five dollars. 45 § 15-b. Subdivision 1 of section 1809 of the vehicle and traffic law, 46 as amended by section 10-b of chapter 222 of the laws of 2015, is 47 amended to read as follows: 48 1. Whenever proceedings in an administrative tribunal or a court of 49 this state result in a conviction for a crime under this chapter or a 50 traffic infraction under this chapter other than a traffic infraction 51 involving standing, stopping, parking or motor vehicle equipment or 52 violations by pedestrians or bicyclists, or other than an adjudication 53 in accordance with section eleven hundred eleven-c of this chapter for a 54 violation of a bus lane restriction as defined in such section, or other 55 than an adjudication of liability of an owner for a violation of subdi- 56 vision (d) of section eleven hundred eleven of this chapter in accord-A. 9861--C 14 1 ance with section eleven hundred eleven-d of this chapter, or other than 2 an adjudication of liability of an owner for a violation of subdivision 3 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 4 ter in accordance with section eleven hundred eighty-b of this chapter, 5 or other than an adjudication of liability of an owner for a violation 6 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 7 eighty of this chapter in accordance with section eleven hundred eight- 8 y-c of this chapter, or other than an adjudication of liability of an 9 owner for a violation of subdivision (d) of section eleven hundred elev- 10 en of this chapter in accordance with section eleven hundred eleven-e of 11 this chapter, or other than an adjudication of liability of an owner for 12 a violation of subdivision (f) of section eleven hundred ten of this 13 chapter in accordance with section eleven hundred ten-a of this chapter, 14 there shall be levied a mandatory surcharge, in addition to any sentence 15 required or permitted by law, in the amount of seventeen dollars. 16 § 15-c. Subdivision 1 of section 1809 of the vehicle and traffic law, 17 as amended by section 10-c of chapter 222 of the laws of 2015, is 18 amended to read as follows: 19 1. Whenever proceedings in an administrative tribunal or a court of 20 this state result in a conviction for a crime under this chapter or a 21 traffic infraction under this chapter other than a traffic infraction 22 involving standing, stopping, parking or motor vehicle equipment or 23 violations by pedestrians or bicyclists, or other than an adjudication 24 of liability of an owner for a violation of subdivision (b), (c), (d), 25 (f) or (g) of section eleven hundred eighty of this chapter in accord- 26 ance with section eleven hundred eighty-b of this chapter, or other than 27 an 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-c of this chapter, 30 or other than an adjudication of liability of an owner for a violation 31 of subdivision (d) of section eleven hundred eleven of this chapter in 32 accordance with section eleven hundred eleven-d of this chapter, or 33 other than an adjudication of liability of an owner for a violation of 34 subdivision (d) of section eleven hundred eleven of this chapter in 35 accordance with section eleven hundred eleven-e of this chapter, or 36 other than an adjudication of liability of an owner for a violation of 37 subdivision (f) of section eleven hundred ten of this chapter in accord- 38 ance with section eleven hundred ten-a of this chapter, there shall be 39 levied a mandatory surcharge, in addition to any sentence required or 40 permitted by law, in the amount of seventeen dollars. 41 § 15-d. Subdivision 1 of section 1809 of the vehicle and traffic law, 42 as amended by section 10-d of chapter 222 of the laws of 2015, is 43 amended to read as follows: 44 1. Whenever proceedings in an administrative tribunal or a court of 45 this state result in a conviction for a crime under this chapter or a 46 traffic infraction under this chapter other than a traffic infraction 47 involving standing, stopping, parking or motor vehicle equipment or 48 violations by pedestrians or bicyclists, or other than an adjudication 49 of liability of an owner for a violation of subdivision (b), (c), (d), 50 (f) or (g) of section eleven hundred eighty of this chapter in accord- 51 ance with section eleven hundred eighty-c of this chapter, or other than 52 an adjudication of liability of an owner for a violation of subdivision 53 (d) of section eleven hundred eleven of this chapter in accordance with 54 section eleven hundred eleven-d of this chapter, or other than an adju- 55 dication of liability of an owner for a violation of subdivision (d) of 56 section eleven hundred eleven of this chapter in accordance with sectionA. 9861--C 15 1 eleven hundred eleven-e of this chapter, or other than an adjudication 2 of liability of an owner for a violation of subdivision (f) of section 3 eleven hundred ten of this chapter in accordance with section eleven 4 hundred ten-a of this chapter, there shall be levied a mandatory 5 surcharge, in addition to any sentence required or permitted by law, in 6 the amount of seventeen dollars. 7 § 15-e. Subdivision 1 of section 1809 of the vehicle and traffic law, 8 as amended by section 10-e of chapter 222 of the laws of 2015, is 9 amended to read as follows: 10 1. Whenever proceedings in an administrative tribunal or a court of 11 this state result in a conviction for a crime under this chapter or a 12 traffic infraction under this chapter other than a traffic infraction 13 involving standing, stopping, parking or motor vehicle equipment or 14 violations by pedestrians or bicyclists, or other than an adjudication 15 of liability of an owner for a violation of subdivision (d) of section 16 eleven hundred eleven of this chapter in accordance with section eleven 17 hundred eleven-d of this chapter, or other than an adjudication of 18 liability of an owner for a violation of subdivision (d) of section 19 eleven hundred eleven of this chapter in accordance with section eleven 20 hundred eleven-e of this chapter, or other than an adjudication of 21 liability of an owner for a violation of subdivision (f) of section 22 eleven hundred ten of this chapter in accordance with section eleven 23 hundred ten-a of this chapter, there shall be levied a mandatory 24 surcharge, in addition to any sentence required or permitted by law, in 25 the amount of seventeen dollars. 26 § 15-f. Subdivision 1 of section 1809 of the vehicle and traffic law, 27 as amended by section 10-f of chapter 222 of the laws of 2015, is 28 amended to read as follows: 29 1. Whenever proceedings in an administrative tribunal or a court of 30 this state result in a conviction for a crime under this chapter or a 31 traffic infraction under this chapter other than a traffic infraction 32 involving standing, stopping, parking or motor vehicle equipment or 33 violations by pedestrians or bicyclists, or other than an adjudication 34 of liability of an owner for a violation of subdivision (d) of section 35 eleven hundred eleven of this chapter in accordance with section eleven 36 hundred eleven-e of this chapter, or other than an adjudication of 37 liability of an owner for a violation of subdivision (f) of section 38 eleven hundred ten of this chapter in accordance with section eleven 39 hundred ten-a of this chapter, there shall be levied a mandatory 40 surcharge, in addition to any sentence required or permitted by law, in 41 the amount of seventeen dollars. 42 § 15-g. Subdivision 1 of section 1809 of the vehicle and traffic law, 43 as separately amended by chapter 16 of the laws of 1983 and chapter 62 44 of the laws of 1989, is amended to read as follows: 45 1. Whenever proceedings in an administrative tribunal or a court of 46 this state result in a conviction for a crime under this chapter or a 47 traffic infraction under this chapter other than a traffic infraction 48 involving standing, stopping, parking or motor vehicle equipment or 49 violations by pedestrians or bicyclists, or other than an adjudication 50 of liability of an owner for a violation of subdivision (f) of section 51 eleven hundred ten of this chapter in accordance with section eleven 52 hundred ten-a of this chapter, there shall be levied a mandatory 53 surcharge, in addition to any sentence required or permitted by law, in 54 the amount of seventeen dollars.A. 9861--C 16 1 § 16. Paragraph a of subdivision 1 of section 1809-e of the vehicle 2 and traffic law, as amended by section 11 of chapter 222 of the laws of 3 2015, is amended to read as follows: 4 a. Notwithstanding any other provision of law, whenever proceedings in 5 a court or an administrative tribunal of this state result in a 6 conviction for an offense under this chapter, except a conviction pursu- 7 ant to section eleven hundred ninety-two of this chapter, or for a traf- 8 fic infraction under this chapter, or a local law, ordinance, rule or 9 regulation adopted pursuant to this chapter, except a traffic infraction 10 involving standing, stopping, or parking or violations by pedestrians or 11 bicyclists, and except an adjudication of liability of an owner for a 12 violation of subdivision (d) of section eleven hundred eleven of this 13 chapter in accordance with section eleven hundred eleven-a of this chap- 14 ter or in accordance with section eleven hundred eleven-d of this chap- 15 ter, or in accordance with section eleven hundred eleven-e of this chap- 16 ter, and except an adjudication of liability of an owner for a violation 17 of subdivision (d) of section eleven hundred eleven of this chapter in 18 accordance with section eleven hundred eleven-b of this chapter, and 19 except an adjudication in accordance with section eleven hundred 20 eleven-c of this chapter of a violation of a bus lane restriction as 21 defined in such section, and except an adjudication of liability of an 22 owner for a violation of subdivision (b), (c), (d), (f) or (g) of 23 section eleven hundred eighty of this chapter in accordance with section 24 eleven hundred eighty-b of this chapter, and except an adjudication of 25 liability of an owner for a violation of subdivision (b), (c), (d), (f) 26 or (g) of section eleven hundred eighty of this chapter in accordance 27 with section eleven hundred eighty-c of this chapter, and except an 28 adjudication of liability of an owner for a violation of toll collection 29 regulations pursuant to section two thousand nine hundred eighty-five of 30 the public authorities law or sections sixteen-a, sixteen-b and 31 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen 32 hundred fifty, and except an adjudication of liability of an owner for a 33 violation of subdivision (f) of section eleven hundred ten of this chap- 34 ter in accordance with section eleven hundred ten-a of this chapter, 35 there shall be levied in addition to any sentence, penalty or other 36 surcharge required or permitted by law, an additional surcharge of twen- 37 ty-eight dollars. 38 § 16-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle 39 and traffic law, as amended by section 11-a of chapter 222 of the laws 40 of 2015, is amended to read as follows: 41 a. Notwithstanding any other provision of law, whenever proceedings in 42 a court or an administrative tribunal of this state result in a 43 conviction for an offense under this chapter, except a conviction pursu- 44 ant to section eleven hundred ninety-two of this chapter, or for a traf- 45 fic infraction under this chapter, or a local law, ordinance, rule or 46 regulation adopted pursuant to this chapter, except a traffic infraction 47 involving standing, stopping, or parking or violations by pedestrians or 48 bicyclists, and except an adjudication of liability of an owner for a 49 violation of subdivision (d) of section eleven hundred eleven of this 50 chapter in accordance with section eleven hundred eleven-a of this chap- 51 ter or in accordance with section eleven hundred eleven-d of this chap- 52 ter or in accordance with section eleven hundred eleven-e of this chap- 53 ter, and except an adjudication in accordance with section eleven 54 hundred eleven-c of this chapter of a violation of a bus lane 55 restriction as defined in such section, and except an adjudication of 56 liability of an owner for a violation of subdivision (b), (c), (d), (f)A. 9861--C 17 1 or (g) of section eleven hundred eighty of this chapter in accordance 2 with section eleven hundred eighty-b of this chapter, and except an 3 adjudication of liability of an owner for a violation of subdivision 4 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap- 5 ter in accordance with section eleven hundred eighty-c of this chapter, 6 and except an adjudication of liability of an owner for a violation of 7 toll collection regulations pursuant to section two thousand nine 8 hundred eighty-five of the public authorities law or sections sixteen-a, 9 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 10 laws of nineteen hundred fifty, and except an adjudication of liability 11 of an owner for a violation of subdivision (f) of section eleven hundred 12 ten of this chapter in accordance with section eleven hundred ten-a of 13 this chapter, there shall be levied in addition to any sentence, penalty 14 or other surcharge required or permitted by law, an additional surcharge 15 of twenty-eight dollars. 16 § 16-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle 17 and traffic law, as amended by section 11-b of chapter 222 of the laws 18 of 2015, is amended to read as follows: 19 a. Notwithstanding any other provision of law, whenever proceedings in 20 a court or an administrative tribunal of this state result in a 21 conviction for an offense under this chapter, except a conviction pursu- 22 ant to section eleven hundred ninety-two of this chapter, or for a traf- 23 fic infraction under this chapter, or a local law, ordinance, rule or 24 regulation adopted pursuant to this chapter, except a traffic infraction 25 involving standing, stopping, or parking or violations by pedestrians or 26 bicyclists, and except an adjudication of liability of an owner for a 27 violation of subdivision (d) of section eleven hundred eleven of this 28 chapter in accordance with section eleven hundred eleven-a of this chap- 29 ter or in accordance with section eleven hundred eleven-d of this chap- 30 ter or in accordance with section eleven hundred eleven-e of this chap- 31 ter, and except an adjudication of liability of an owner for a violation 32 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 33 eighty of this chapter in accordance with section eleven hundred eight- 34 y-b of this chapter, and except an adjudication of liability of an owner 35 for a violation of subdivision (b), (c), (d), (f) or (g) of section 36 eleven hundred eighty of this chapter in accordance with section eleven 37 hundred eighty-c of this chapter, and except an adjudication of liabil- 38 ity of an owner for a violation of toll collection regulations pursuant 39 to section two thousand nine hundred eighty-five of the public authori- 40 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven 41 hundred seventy-four of the laws of nineteen hundred fifty, and except 42 an adjudication of liability of an owner for a violation of subdivision 43 (f) of section eleven hundred ten of this chapter in accordance with 44 section eleven hundred ten-a of this chapter, there shall be levied in 45 addition to any sentence, penalty or other surcharge required or permit- 46 ted by law, an additional surcharge of twenty-eight dollars. 47 § 16-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle 48 and traffic law, as amended by section 11-c of chapter 222 of the laws 49 of 2015, is amended to read as follows: 50 a. Notwithstanding any other provision of law, whenever proceedings in 51 a court or an administrative tribunal of this state result in a 52 conviction for an offense under this chapter, except a conviction pursu- 53 ant to section eleven hundred ninety-two of this chapter, or for a traf- 54 fic infraction under this chapter, or a local law, ordinance, rule or 55 regulation adopted pursuant to this chapter, except a traffic infraction 56 involving standing, stopping, or parking or violations by pedestrians orA. 9861--C 18 1 bicyclists, and except an adjudication of liability of an owner for a 2 violation of subdivision (d) of section eleven hundred eleven of this 3 chapter in accordance with section eleven hundred eleven-a of this chap- 4 ter or in accordance with section eleven hundred eleven-d of this chap- 5 ter or in accordance with section eleven hundred eleven-e of this chap- 6 ter, and except an adjudication of liability of an owner for a violation 7 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred 8 eighty of this chapter in accordance with section eleven hundred eight- 9 y-c of this chapter, and except an adjudication of liability of an owner 10 for a violation of toll collection regulations pursuant to section two 11 thousand nine hundred eighty-five of the public authorities law or 12 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred 13 seventy-four of the laws of nineteen hundred fifty, and except an adju- 14 dication of liability of an owner for a violation of subdivision (f) of 15 section eleven hundred ten of this chapter in accordance with section 16 eleven hundred ten-a of this chapter, there shall be levied in addition 17 to any sentence, penalty or other surcharge required or permitted by 18 law, an additional surcharge of twenty-eight dollars. 19 § 16-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle 20 and traffic law, as amended by section 11-d of chapter 222 of the laws 21 of 2015, is amended to read as follows: 22 a. Notwithstanding any other provision of law, whenever proceedings in 23 a court or an administrative tribunal of this state result in a 24 conviction for an offense under this chapter, except a conviction pursu- 25 ant to section eleven hundred ninety-two of this chapter, or for a traf- 26 fic infraction under this chapter, or a local law, ordinance, rule or 27 regulation adopted pursuant to this chapter, except a traffic infraction 28 involving standing, stopping, or parking or violations by pedestrians or 29 bicyclists, and except an adjudication of liability of an owner for a 30 violation of subdivision (d) of section eleven hundred eleven of this 31 chapter in accordance with section eleven hundred eleven-a of this chap- 32 ter or in accordance with section eleven hundred eleven-d of this chap- 33 ter or in accordance with section eleven hundred eleven-e of this chap- 34 ter, and except an adjudication of liability of an owner for a violation 35 of toll collection regulations pursuant to section two thousand nine 36 hundred eighty-five of the public authorities law or sections sixteen-a, 37 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 38 laws of nineteen hundred fifty, and except an adjudication of liability 39 of an owner for a violation of subdivision (f) of section eleven hundred 40 ten of this chapter in accordance with section eleven hundred ten-a of 41 this chapter, there shall be levied in addition to any sentence, penalty 42 or other surcharge required or permitted by law, an additional surcharge 43 of twenty-eight dollars. 44 § 16-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle 45 and traffic law, as amended by section 11-e of chapter 222 of the laws 46 of 2015, is amended to read 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. 9861--C 19 1 ter or in accordance with section eleven hundred-e of this chapter, and 2 except an adjudication of liability of an owner for a violation of toll 3 collection regulations pursuant to section two thousand nine hundred 4 eighty-five of the public authorities law or sections sixteen-a, 5 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 6 laws of nineteen hundred fifty, and except an adjudication of liability 7 of an owner for a violation of subdivision (f) of section eleven hundred 8 ten of this chapter in accordance with section eleven hundred ten-a of 9 this chapter, there shall be levied in addition to any sentence, penalty 10 or other surcharge required or permitted by law, an additional surcharge 11 of twenty-eight dollars. 12 § 16-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle 13 and traffic law, as amended by section 5 of part C of chapter 55 of the 14 laws of 2013, is amended to read as follows: 15 a. Notwithstanding any other provision of law, whenever proceedings in 16 a court or an administrative tribunal of this state result in a 17 conviction for an offense under this chapter, except a conviction pursu- 18 ant to section eleven hundred ninety-two of this chapter, or for a traf- 19 fic infraction under this chapter, or a local law, ordinance, rule or 20 regulation adopted pursuant to this chapter, except a traffic infraction 21 involving standing, stopping, or parking or violations by pedestrians or 22 bicyclists, and except an adjudication of liability of an owner for a 23 violation of subdivision (d) of section eleven hundred eleven of this 24 chapter in accordance with section eleven hundred eleven-a of this chap- 25 ter, and except an adjudication of liability of an owner for a violation 26 of toll collection regulations pursuant to section two thousand nine 27 hundred eighty-five of the public authorities law or sections sixteen-a, 28 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the 29 laws of nineteen hundred fifty, and except an adjudication of liability 30 of an owner for a violation of subdivision (f) of section eleven hundred 31 ten of this chapter in accordance with section eleven hundred ten-a of 32 this chapter, there shall be levied in addition to any sentence, penalty 33 or other surcharge required or permitted by law, an additional surcharge 34 of twenty-eight dollars. 35 § 17. Subdivision 2 of section 87 of the public officers law is 36 amended by adding a new paragraph (p) to read as follows: 37 (p) are photographs, microphotographs, videotape or other recorded 38 images prepared under authority of section eleven hundred ten-a of the 39 vehicle and traffic law. 40 § 18. The New York city department of transportation shall: (i) prior 41 to implementing a temporary high-occupancy vehicle (HOV) program on the 42 Williamsburg bridge as authorized by section 1110-a of the vehicle and 43 traffic law, as added by section fourteen of this act, and in consulta- 44 tion with the metropolitan transportation authority, in accordance with 45 subdivision 4 of section 1268 of the public authorities law, as added by 46 section four of this act, communicate to the public, including the 47 affected communities in New York and Kings counties, the plan for HOV 48 restrictions so as to maximize awareness of such temporary HOV program; 49 (ii) for at least 40 days prior to implementing such temporary HOV 50 program, send by first class mail notice of such upcoming implementation 51 to the owner of any vehicle that is not a bus, a commercial vehicle, an 52 authorized emergency vehicle, or an access-a-ride vehicle, identified as 53 having been driven on the Williamsburg bridge with fewer than three 54 occupants during time periods defined by the New York city department of 55 transportation in accordance with the provisions of section 1110-a of 56 the vehicle and traffic law, as added by section fourteen of this act;A. 9861--C 20 1 and (iii) take such measures as are necessary to implement such tempo- 2 rary HOV program prior to its implementation, including promulgating any 3 rules and regulations necessary for the implementation of this act. 4 Failure to comply with the provisions of this section shall not affect 5 the validity or implementation of the temporary HOV program authorized 6 by section 1110-a of the vehicle and traffic law, as added by section 7 fourteen of this act. 8 § 19. The purchase or lease of equipment for a program established 9 pursuant to section 1110-a of the vehicle and traffic law shall be 10 subject to the provisions of section 103 of the general municipal law. 11 § 20. (a) This act shall take effect immediately provided, however, 12 that sections one through three of this act shall expire and be deemed 13 repealed September 1, 2020; provided, however, that the amendments to 14 paragraph 5 of subdivision (c) of section 1111-c of the vehicle and 15 traffic law, made by section three of this act, shall not affect the 16 repeal of such section and shall be deemed repealed therewith provided, 17 further, that sections four through seventeen and section nineteen of 18 this act shall take effect April 1, 2019, and sections four through 19 nineteen of this act shall expire and be deemed repealed July 1, 2020, 20 except that if the metropolitan transportation authority completes 21 repairs on the Canarsie tunnel prior to July 1, 2020, sections four 22 through nineteen of this act shall expire and be deemed repealed on such 23 prior date; provided that the metropolitan transportation authority 24 shall notify the legislative bill drafting commission upon the occur- 25 rence of such completion of the Canarsie tunnel occurring prior to July 26 1, 2020 in order that the commission may maintain an accurate and timely 27 effective database of the official text of the laws of the state of New 28 York in furtherance of effectuating the provisions of section 44 of the 29 legislative law and section 70-b of the public officers law; 30 (b) notwithstanding the expiration and repeal of certain provisions of 31 this act, any violations issued prior to July 1, 2020 or the prior date 32 upon which sections four through nineteen of this act expires and is 33 deemed repealed pursuant to subdivision (a) of this section, whichever 34 occurs first, may be adjudicated after such date; 35 (c) the amendments to subdivision 1 of section 1809 of the vehicle and 36 traffic law made by section fifteen of this act shall not affect the 37 expiration of such subdivision and shall be deemed to expire therewith, 38 when upon such date the provisions of section fifteen-a of this act 39 shall take effect; 40 (d) the amendments to subdivision 1 of section 1809 of the vehicle and 41 traffic law made by section fifteen-a of this act shall not affect the 42 expiration of such subdivision and shall be deemed to expire therewith, 43 when upon such date the provisions of section fifteen-b of this act 44 shall take effect; 45 (e) the amendments to subdivision 1 of section 1809 of the vehicle and 46 traffic law made by section fifteen-b of this act shall not affect the 47 expiration of such subdivision and shall be deemed to expire therewith, 48 when upon such date the provisions of section fifteen-c of this act 49 shall take effect; 50 (f) the amendments to subdivision 1 of section 1809 of the vehicle and 51 traffic law made by section fifteen-c of this act shall not affect the 52 expiration of such subdivision and shall be deemed to expire therewith, 53 when upon such date the provisions of section fifteen-d of this act 54 shall take effect; 55 (g) the amendments to subdivision 1 of section 1809 of the vehicle and 56 traffic law made by section fifteen-d of this act shall not affect theA. 9861--C 21 1 expiration of such subdivision and shall be deemed to expire therewith, 2 when upon such date the provisions of section fifteen-e of this act 3 shall take effect; 4 (h) the amendments to subdivision 1 of section 1809 of the vehicle and 5 traffic law made by section fifteen-e of this act shall not affect the 6 expiration of such subdivision and shall be deemed to expire therewith, 7 when upon such date the provisions of section fifteen-f of this act 8 shall take effect; 9 (i) the amendments to subdivision 1 of section 1809 of the vehicle and 10 traffic law made by section fifteen-f of this act shall not affect the 11 expiration of such subdivision and shall be deemed to expire therewith, 12 when upon such date the provisions of section fifteen-g of this act 13 shall take effect; 14 (j) the amendments to paragraph a of subdivision 1 of section 1809-e 15 of the vehicle and traffic law made by section sixteen of this act shall 16 not affect the expiration of such paragraph and shall be deemed to 17 expire therewith, when upon such date the provisions of section 18 sixteen-a of this act shall take effect; 19 (k) the amendments to paragraph a of subdivision 1 of section 1809-e 20 of the vehicle and traffic law made by section sixteen-a of this act 21 shall not affect the expiration of such paragraph and shall be deemed to 22 expire therewith, when upon such date the provisions of section 23 sixteen-b of this act shall take effect; 24 (l) the amendments to paragraph a of subdivision 1 of section 1809-e 25 of the vehicle and traffic law made by section sixteen-b of this act 26 shall not affect the expiration of such paragraph and shall be deemed to 27 expire therewith, when upon such date the provisions of section 28 sixteen-c of this act shall take effect; 29 (m) the amendments to paragraph a of subdivision 1 of section 1809-e 30 of the vehicle and traffic law made by section sixteen-c of this act 31 shall not affect the expiration of such paragraph and shall be deemed to 32 expire therewith, when upon such date the provisions of section 33 sixteen-d of this act shall take effect; 34 (n) the amendments to paragraph a of subdivision 1 of section 1809-e 35 of the vehicle and traffic law made by section sixteen-d of this act 36 shall not affect the expiration of such paragraph and shall be deemed to 37 expire therewith, when upon such date the provisions of section 38 sixteen-e of this act shall take effect; and 39 (o) the amendments to paragraph a of subdivision 1 of section 1809-e 40 of the vehicle and traffic law made by section sixteen-e of this act 41 shall not affect the expiration of such paragraph and shall be deemed to 42 expire therewith, when upon such date the provisions of section 43 sixteen-f of this act shall take effect.