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S00415 Summary:

S00415 Actions:

S00415 Committee Votes:

S00415 Floor Votes:

S00415 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         415--A
            Cal. No. 1520
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged  and  said bill committed to the Committee on Rules --
          ordered to a third reading, amended and ordered  reprinted,  retaining
          its place in the order of third reading
 
        AN  ACT  to amend the vehicle and traffic law, the general municipal law
          and the public officers law, in relation to  certain  traffic  infrac-
          tions  and notices of liability; to amend the vehicle and traffic law,
          in relation to adjudications and owner liability for  a  violation  of
          traffic-control  signal indications in the village of Pelham Manor; to
          repeal certain provisions of the  vehicle  and  traffic  law  relating
          thereto; and providing for the repeal of certain provisions upon expi-
          ration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 235 of the vehicle and traffic law is REPEALED  and
     2  a new section 235 is added to read as follows:
     3    §  235. Jurisdiction. 1. Notwithstanding any inconsistent provision of
     4  any general, special or local law or administrative code to the  contra-
     5  ry, in any city which heretofore or hereafter is authorized to establish
     6  an  administrative  tribunal:  (a)  to  hear and determine complaints of
     7  traffic  infractions  constituting   parking,   standing   or   stopping
     8  violations,  or (b) to adjudicate the liability of owners for violations
     9  of subdivision (d) of section eleven  hundred  eleven  of  this  chapter
    10  imposed pursuant to a local law or ordinance imposing monetary liability
    11  on  the  owner of a vehicle for failure of an operator thereof to comply
    12  with traffic-control indications through the installation and  operation
    13  of traffic-control signal photo violation-monitoring systems, in accord-
    14  ance  with article twenty-four of this chapter, or (c) to adjudicate the
    15  liability of owners for violations of subdivision (b), (c), (d), (f)  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02079-09-1
        S. 415--A                           2
 
     1  (g) of section eleven hundred eighty of this chapter imposed pursuant to
     2  a  demonstration  program  imposing monetary liability on the owner of a
     3  vehicle for failure of an operator thereof to comply  with  such  posted
     4  maximum  speed  limits  through  the installation and operation of photo
     5  speed violation monitoring systems, in accordance with article thirty of
     6  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
     7  violations of bus lane restrictions as defined by article twenty-four of
     8  this  chapter  imposed  pursuant to a bus rapid transit program imposing
     9  monetary liability on the owner of a vehicle for failure of an  operator
    10  thereof  to comply with such bus lane restrictions through the installa-
    11  tion and operation of bus lane photo devices, in accordance with article
    12  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    13  owners  for violations of toll collection regulations imposed by certain
    14  public authorities pursuant to the law authorizing such public  authori-
    15  ties  to impose monetary liability on the owner of a vehicle for failure
    16  of an  operator thereof to comply with toll  collection  regulations  of
    17  such  public  authorities  through  the  installation  and  operation of
    18  photo-monitoring systems, in accordance with the provisions  of  section
    19  two  thousand nine hundred eighty-five of the public authorities law and
    20  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    21  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    22  the  liability of owners for violations of section eleven hundred seven-
    23  ty-four of this chapter when meeting a school bus marked and equipped as
    24  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    25  hundred  seventy-five of this chapter imposed pursuant to a local law or
    26  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    27  failure  of  an  operator  thereof  to comply with school bus red visual
    28  signals through the installation  and  operation  of  school  bus  photo
    29  violation  monitoring systems, in accordance with article twenty-nine of
    30  this chapter, such tribunal and the  rules  and  regulations  pertaining
    31  thereto shall be constituted in substantial conformance with the follow-
    32  ing sections.
    33    2.  Notwithstanding any inconsistent provision of any general, special
    34  or local law or administrative code to the contrary,  any  city  with  a
    35  population  in  excess  of one hundred thousand persons according to the
    36  nineteen hundred eighty United States census hereinafter referred to  as
    37  a  city shall provide notice of parking violations and of the imposition
    38  of additional penalties whenever the person who is liable therefor fails
    39  to respond to the parking ticket in the manner designated thereon.  Such
    40  notice  shall  be  in  substantial  conformance   with   the   following
    41  provisions:
    42    a.  Notice.  (1)  Whenever  a  city issues a notice of violation for a
    43  parking violation, it shall be served in the manner prescribed by subdi-
    44  vision two of section two hundred thirty-eight of this article.
    45    (2) Whenever a person has been issued a  notice  of  violation  for  a
    46  parking  violation  and has not responded in the manner described in the
    47  notice, a city shall give the owner a second notice of the violation  by
    48  regular first class mail: (i) within forty days of issuance of the first
    49  notice of violation for a parking violation where the vehicle is a vehi-
    50  cle  registered  in this state; or (ii) within forty days of the receipt
    51  by such city of the name and address of the owner of the  vehicle  where
    52  the  vehicle  is  a  vehicle registered in any other state.  Such second
    53  notice shall include, but not be limited to, the following information:
    54    (A) that the owner has a period of twenty days from  issuance  of  the
    55  second notice in which to respond to the notice of violation for a park-
    56  ing violation;
        S. 415--A                           3
 
     1    (B)  that  failure to respond to the notice of violation for a parking
     2  violation may result in the suspension and non-renewal  of  the  owner's
     3  registration;
     4    (C)  that  failure to respond to the notice of violation for a parking
     5  violation may subject the owner to additional penalties as  provided  in
     6  paragraph b of this subdivision;
     7    (D)  that  failure to respond to the notice of violation for a parking
     8  violation shall subject the owner to a default judgment as  provided  in
     9  paragraph  c  of  this  subdivision and the additional penalties imposed
    10  upon parking violations pursuant to paragraph b of this subdivision; and
    11    (E) that submission of a plea of guilty to the parking violation makes
    12  the owner liable for payment of the stated fine and additional penalties
    13  imposed pursuant to paragraph b of this subdivision  and  the  mandatory
    14  surcharge of fifteen dollars imposed upon parking violations pursuant to
    15  section eighteen hundred nine-a of this chapter.
    16    b.  Additional penalties. (1) For the purposes of this paragraph, each
    17  locality shall determine an initial response date of not less than eight
    18  days nor more than thirty days,  after  which  time  a  penalty  may  be
    19  imposed.  The  liability  for such initial penalty shall commence on the
    20  date following the initial response date.
    21    (2) Failure to  respond  to  a  notice  of  violation  for  a  parking
    22  violation by the initial response date may result in the liability for a
    23  penalty  in  an  amount of the fine indicated on the notice of violation
    24  for a parking violation; where a city has given a second notice pursuant
    25  to paragraph a of this subdivision, the following schedule of additional
    26  penalties may apply:
    27    (A) failure to  respond  to  a  notice  of  violation  for  a  parking
    28  violation  by  the initial response date may result in the liability for
    29  an additional penalty not to exceed ten dollars or, if the first penalty
    30  assessed by a city does not exceed five dollars, such city may assess an
    31  additional penalty within thirty-one to seventy-five days not to  exceed
    32  ten dollars; and
    33    (B)  where a city has given a second notice pursuant to paragraph a of
    34  this subdivision failure to respond to a notice of violation for a park-
    35  ing violation within seventy-five days  may  result  in  the  liability,
    36  commencing  on  the  seventy-sixth day, for an additional penalty not to
    37  exceed twenty dollars.
    38    (3) Where the additional penalty schedule set  forth  in  subparagraph
    39  two  of  this  paragraph, as interpreted in 9 New York Code of Rules and
    40  Regulations Part 6180, has not been implemented by a city and is not  in
    41  effect  in  such city on or before January first, nineteen hundred nine-
    42  ty-three, the provisions of this paragraph  shall  not  apply.  For  the
    43  purposes of this subdivision, the provisions of this paragraph shall not
    44  be  considered to have been implemented and in effect unless the penalty
    45  schedule contained herein shall have been applied to parking  violations
    46  issued  in  such city on or before January first, nineteen hundred nine-
    47  ty-three.
    48    b-1. Alternate additional penalty schedule. In any city in  which  the
    49  schedule  of  penalties  contained in subparagraph two of paragraph b of
    50  this subdivision, as interpreted in 9 New York Code of Rules  and  Regu-
    51  lations  Part 6180, has not been implemented and was not in effect on or
    52  before January first, nineteen hundred ninety-three, the  provisions  of
    53  this paragraph shall only apply upon enactment of a local law containing
    54  the penalty schedule provided in this paragraph prior to March 28, 1993.
    55  Following  the  enactment  of  such  a local law, such city may elect to
    56  impose the additional penalties set forth in subparagraphs one  and  two
        S. 415--A                           4
 
     1  of  this paragraph for failure to respond to a notice of violation for a
     2  parking violation in accordance with this paragraph. In the  event  that
     3  no  such  local  law  was enacted prior to March 28, 1993, the alternate
     4  additional  penalty schedule set forth in paragraph b-2 of this subdivi-
     5  sion shall apply.
     6    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
     7  violation  within  thirty  days shall result in liability, commencing on
     8  the thirty-first day, for an additional penalty  in  an  amount  not  to
     9  exceed  ten  dollars, indicated on the notice of violation for a parking
    10  violation; where a city has given a second notice pursuant to  paragraph
    11  a  of this subdivision failure to respond to a notice of violation for a
    12  parking violation  within  forty-five  days  may  result  in  liability,
    13  commencing  on the forty-sixth day, for the penalty prescribed above for
    14  failure to respond within thirty days and an additional penalty  not  to
    15  exceed twenty dollars; and where a city has given a second notice pursu-
    16  ant to paragraph a of this subdivision failure to respond to a notice of
    17  violation for a parking violation within seventy-five days may result in
    18  liability,  commencing  on  the  seventy-sixth  day,  for  the penalties
    19  prescribed above for failure to respond within thirty days and for fail-
    20  ure to respond within forty-five days and an additional penalty  not  to
    21  exceed thirty dollars.
    22    (2)  Notwithstanding  the foregoing schedule of alternative additional
    23  penalties, if an owner makes a plea or appears within twenty days  after
    24  issuance  of a second notice of violation in accordance with paragraph a
    25  of this subdivision, or prior to such mailing, such  additional  penalty
    26  shall not exceed ten dollars.
    27    b-2.  Alternate  additional penalty schedule. In any city in which the
    28  schedule of penalties contained in paragraph b of this  subdivision,  as
    29  interpreted  in  9 New York Code of Rules and Regulations Part 6180, has
    30  not been implemented and was not in effect on or before  January  first,
    31  nineteen  hundred  ninety-three  and  which  has not enacted a local law
    32  pursuant to paragraph b-1 of this subdivision prior to March  28,  1993,
    33  the following alternate additional penalty schedule shall apply:
    34    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
    35  violation within eight days may result in the liability,  commencing  on
    36  the ninth day, for an additional penalty in an amount not to exceed five
    37  dollars;
    38    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
    39  violation within thirty days may result in the liability, commencing  on
    40  the  thirty-first  day,  for the penalty prescribed above for failure to
    41  respond within eight days and an additional penalty not  to  exceed  ten
    42  dollars  or,  if  the first penalty assessed by the city does not exceed
    43  five dollars, such city may assess an additional penalty within  thirty-
    44  one to seventy-five days not to exceed ten dollars;
    45    (3)  Where a city has given a second notice pursuant to paragraph a of
    46  this subdivision failure to respond to a notice of violation for a park-
    47  ing violation within seventy-five days  may  result  in  the  liability,
    48  commencing  on the seventy-sixth day, for the penalties prescribed above
    49  for failure to respond within eight days  and  for  failure  to  respond
    50  within  thirty  days  and  an  additional  penalty  not to exceed twenty
    51  dollars; and
    52    (4) Notwithstanding the foregoing schedule of alternate penalties,  if
    53  an  owner makes a plea or appears within twenty days after issuance of a
    54  second notice of violation in accordance with paragraph a of this subdi-
    55  vision, or prior to such mailing,  such  additional  penalty  shall  not
    56  exceed five dollars.
        S. 415--A                           5
 
     1    c.  Default  judgment. Where a city has given notice pursuant to para-
     2  graph a of this subdivision, failure to respond to a notice of violation
     3  for a parking violation within ninety days shall be deemed an  admission
     4  of  liability  and  shall  subject the owner to a default judgment being
     5  entered thereon in an amount not greater than the amount of the original
     6  fine and accrued penalties plus any applicable surcharges.  Such default
     7  shall  be  reported  to  the  department  which department shall cause a
     8  suspension and non-renewal of the owner's registration pursuant  to  the
     9  provisions  of  subdivision  four-c  of section five hundred ten of this
    10  chapter.
    11    3. Nothing set forth in this article shall be construed  to  authorize
    12  the imposition of monetary liability on the owner of a vehicle for fail-
    13  ure  of an operator thereof to comply with any provision of law, rule or
    14  regulation through the installation and operation of a photo enforcement
    15  device or system, except as otherwise explicitly authorized  by  article
    16  twenty-four, twenty-nine or thirty of this chapter, by section two thou-
    17  sand  nine  hundred  eighty-five  of  the  public authorities law, or by
    18  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    19  seventy-four  of the laws of nineteen hundred fifty, nor be construed to
    20  grant any municipality the authority to establish by  local  law,  ordi-
    21  nance, order, rule, regulation, resolution or any other means, an admin-
    22  istrative  tribunal  to hear and determine complaints of traffic infrac-
    23  tions  or  jurisdiction  to  adjudicate  any  liability  set  forth   in
    24  subdivision one of this section.
    25    §  2.  Subdivision  1 of section 236 of the vehicle and traffic law is
    26  REPEALED and a new subdivision 1 is added to read as follows:
    27    1. Creation. In any city as hereinbefore or hereafter authorized  such
    28  tribunal  when  created  shall be known as the parking violations bureau
    29  and shall have jurisdiction of traffic infractions  which  constitute  a
    30  parking violation and, where authorized: (a) to adjudicate the liability
    31  of  owners  for  violations of subdivision (d) of section eleven hundred
    32  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    33  imposing  monetary liability on the owner of a vehicle for failure of an
    34  operator thereof to comply with traffic-control indications through  the
    35  installation  and  operation  of traffic-control signal photo violation-
    36  monitoring systems, in accordance with article twenty-four of this chap-
    37  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    38  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    39  of this chapter imposed pursuant to  a  demonstration  program  imposing
    40  monetary  liability on the owner of a vehicle for failure of an operator
    41  thereof to comply with such posted  maximum  speed  limits  through  the
    42  installation  and operation of photo speed violation monitoring systems,
    43  in accordance with article thirty of this chapter, or (c) to  adjudicate
    44  the  liability  of  owners  for  violations  of bus lane restrictions as
    45  defined by article twenty-four of this chapter imposed pursuant to a bus
    46  rapid transit program imposing monetary liability  on  the  owner  of  a
    47  vehicle  for failure of an operator thereof to comply with such bus lane
    48  restrictions through the installation and operation of  bus  lane  photo
    49  devices,  in accordance with article twenty-four of this chapter, or (d)
    50  to adjudicate the liability of owners for violations of toll  collection
    51  regulations  imposed  by  certain public authorities pursuant to the law
    52  authorizing such public authorities to impose monetary liability on  the
    53  owner  of  a  vehicle  for failure of an operator thereof to comply with
    54  toll collection regulations  of  such  public  authorities  through  the
    55  installation  and  operation  of photo-monitoring systems, in accordance
    56  with the provisions of section two thousand nine hundred eighty-five  of
        S. 415--A                           6
 
     1  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     2  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     3  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for
     4  violations  of  section eleven hundred seventy-four of this chapter when
     5  meeting a school bus marked and equipped  as  provided  in  subdivisions
     6  twenty  and  twenty-one-c  of section three hundred seventy-five of this
     7  chapter imposed pursuant to a local law or ordinance imposing   monetary
     8  liability  on  the owner of a vehicle for failure of an operator thereof
     9  to comply with school bus red visual signals  through  the  installation
    10  and  operation  of  school  bus  photo  violation monitoring systems, in
    11  accordance with article twenty-nine of this  chapter.    Such  tribunal,
    12  except  in  a  city with a population of one million or more, shall also
    13  have jurisdiction of abandoned vehicle violations. For the  purposes  of
    14  this  article,  a parking violation is the violation of any law, rule or
    15  regulation providing for or regulating the parking, stopping or standing
    16  of a vehicle. In addition for purposes of this  article,  "commissioner"
    17  shall  mean  and  include  the commissioner of traffic of the city or an
    18  official possessing authority as such a commissioner.
    19    § 3. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    20  traffic  law  is  REPEALED  and  a  new  paragraph f is added to read as
    21  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,
    24  but shall not be deemed to include a notice of liability issued pursuant
    25  to authorization set forth  in  articles  twenty-four,  twenty-nine  and
    26  thirty of this chapter, section two thousand nine hundred eighty-five of
    27  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    28  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    29  hundred fifty to impose monetary liability on the owner of a vehicle for
    30  failure  of  an  operator  thereof: to comply with traffic-control indi-
    31  cations in violation of subdivision (d) of section eleven hundred eleven
    32  of this chapter through the installation and operation  of  traffic-con-
    33  trol signal photo violation-monitoring systems, in accordance with arti-
    34  cle  twenty-four of this chapter; or to comply with certain posted maxi-
    35  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    36  of  section  eleven hundred eighty of this chapter through the installa-
    37  tion and operation of  photo  speed  violation  monitoring  systems,  in
    38  accordance  with  article  thirty of this chapter; or to comply with bus
    39  lane restrictions as defined by  article  twenty-four  of  this  chapter
    40  through  the  installation  and  operation of bus lane photo devices, in
    41  accordance with article twenty-four of this chapter; or to  comply  with
    42  toll  collection  regulations  of certain public authorities through the
    43  installation and operation of photo-monitoring  systems,  in  accordance
    44  with  the provisions of section two thousand nine hundred eighty-five of
    45  the public authorities  law  and    sections  sixteen-a,  sixteen-b  and
    46  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    47  hundred fifty; or to stop for a  school  bus  displaying  a  red  visual
    48  signal in violation of section eleven hundred seventy-four of this chap-
    49  ter through the installation and operation of school bus photo violation
    50  monitoring systems, in accordance with article twenty-nine of this chap-
    51  ter.
    52    §  4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    53  law are REPEALED and two new subdivisions 1 and 1-a are added to read as
    54  follows:
    55    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    56  violation  enters a plea of not guilty; or a person alleged to be liable
        S. 415--A                           7
 
     1  in accordance with any provisions of law  specifically  authorizing  the
     2  imposition  of  monetary liability on the owner of a vehicle for failure
     3  of an operator thereof: to comply with  traffic-control  indications  in
     4  violation  of  subdivision  (d) of section eleven hundred eleven of this
     5  chapter through the installation and operation of traffic-control signal
     6  photo violation-monitoring systems, in accordance with  article  twenty-
     7  four  of  this  chapter;  or to comply with certain posted maximum speed
     8  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
     9  eleven hundred eighty of this chapter through the installation and oper-
    10  ation  of  photo  speed violation monitoring systems, in accordance with
    11  article thirty of this chapter; or to comply with bus lane  restrictions
    12  as  defined by article twenty-four of this chapter through the installa-
    13  tion and operation of bus lane photo devices, in accordance with article
    14  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    15  lations of certain public authorities through the installation and oper-
    16  ation  of photo-monitoring systems, in accordance with the provisions of
    17  section two thousand nine hundred eighty-five of the public  authorities
    18  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    19  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    20  for  a school bus displaying a red visual signal in violation of section
    21  eleven hundred seventy-four of this chapter through the installation and
    22  operation of school bus photo violation monitoring systems,  in  accord-
    23  ance with article twenty-nine of this chapter, contests such allegation,
    24  the  bureau  shall  advise  such person personally by such form of first
    25  class mail as the director may direct of the date on  which  he  or  she
    26  must  appear  to answer the charge at a hearing. The form and content of
    27  such notice of hearing shall be prescribed by the  director,  and  shall
    28  contain  a  warning  to advise the person so pleading or contesting that
    29  failure to appear on the date designated, or on any subsequent adjourned
    30  date, shall be deemed an admission of  liability,  and  that  a  default
    31  judgment may be entered thereon.
    32    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
    33  entered, or the bureau has been notified that an allegation of liability
    34  in accordance with provisions of law specifically authorizing the  impo-
    35  sition of monetary liability on the owner of a vehicle for failure of an
    36  operator   thereof:   to  comply  with  traffic-control  indications  in
    37  violation of subdivision (d) of section eleven hundred  eleven  of  this
    38  chapter through the installation and operation of traffic-control signal
    39  photo  violation-monitoring  systems, in accordance with article twenty-
    40  four of this chapter; or to comply with  certain  posted  maximum  speed
    41  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
    42  eleven   hundred eighty of this chapter  through  the  installation  and
    43  operation  of  photo  speed  violation monitoring systems, in accordance
    44  with article thirty  of  this  chapter;  or  to  comply  with  bus  lane
    45  restrictions  as  defined by article twenty-four of this chapter through
    46  the installation and operation of bus lane photo devices, in  accordance
    47  with  article  twenty-four  of  this  chapter;  or  to  comply with toll
    48  collection regulations of certain public authorities through the instal-
    49  lation and operation of photo-monitoring systems, in accordance with the
    50  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    51  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    52  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    53  fifty;  or  to  stop  for a school bus displaying a red visual signal in
    54  violation of section eleven hundred seventy-four of this chapter through
    55  the installation and operation of school bus photo violation  monitoring
    56  systems,  in  accordance  with  article  twenty-nine of this chapter, is
        S. 415--A                           8
 
     1  being contested, by a person in a timely fashion and a hearing upon  the
     2  merits  has  been  demanded, but has not yet been held, the bureau shall
     3  not issue any notice of fine or penalty to that person prior to the date
     4  of the hearing.
     5    § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
     6  and traffic law are REPEALED and two new paragraphs a and g are added to
     7  read as follows:
     8    a. Every hearing for the adjudication of a charge of parking violation
     9  or an allegation of liability of an owner for a violation of subdivision
    10  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    11  a  local  law or ordinance imposing monetary liability on the owner of a
    12  vehicle for failure of an operator thereof to comply  with  traffic-con-
    13  trol  indications through the installation and operation of traffic-con-
    14  trol signal photo violation-monitoring systems, in accordance with arti-
    15  cle twenty-four of this chapter, or an allegation  of  liability  of  an
    16  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    17  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    18  demonstration  program  imposing  monetary  liability  on the owner of a
    19  vehicle for failure of an operator thereof to comply with certain posted
    20  maximum speed limits through the installation  and  operation  of  photo
    21  speed violation monitoring systems, in accordance with article thirty of
    22  this  chapter, or an allegation of liability of an owner for a violation
    23  of bus lane restrictions as defined by article twenty-four of this chap-
    24  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    25  liability  on  the owner of a vehicle for failure of an operator thereof
    26  to comply with such bus lane restrictions through the  installation  and
    27  operation  of bus lane photo devices, in accordance with article twenty-
    28  four of this chapter, or an allegation of liability of an  owner  for  a
    29  violation  of  toll  collection  regulations  imposed  by certain public
    30  authorities pursuant to the law authorizing such public  authorities  to
    31  impose  monetary  liability  on the owner of a vehicle for failure of an
    32  operator thereof to comply with  toll  collection  regulations  of  such
    33  public authorities through the installation and operation of photo-moni-
    34  toring  systems,  in accordance with the provisions of section two thou-
    35  sand 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 an allegation of liability  of
    38  an  owner for a violation of section eleven hundred seventy-four of this
    39  chapter when meeting a school bus marked and  equipped  as  provided  in
    40  subdivisions  twenty  and twenty-one-c of section three hundred seventy-
    41  five of this chapter imposed pursuant to a local law or ordinance impos-
    42  ing monetary liability on the owner of a vehicle for failure of an oper-
    43  ator thereof to comply with school bus red visual  signals  through  the
    44  installation  and  operation  of  school  bus photo violation monitoring
    45  systems, in accordance with article twenty-nine of this  chapter,  shall
    46  be  held  before  a  hearing examiner in accordance with rules and regu-
    47  lations promulgated by 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  any  provisions  of  law
    50  specifically  authorizing  the  imposition  of monetary liability on the
    51  owner of a vehicle for failure of an operator thereof:  to  comply  with
    52  traffic-control  indications  in violation of subdivision (d) of section
    53  eleven hundred eleven of this chapter through the installation and oper-
    54  ation of traffic-control signal photo violation-monitoring  systems,  in
    55  accordance  with  article  twenty-four  of  this chapter; to comply with
    56  certain posted maximum speed limits in  violation  of  subdivision  (b),
        S. 415--A                           9
 
     1  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
     2  through the installation and operation of photo speed violation monitor-
     3  ing systems, in accordance with  article  thirty  of  this  chapter;  to
     4  comply  with  bus lane restrictions as defined by article twenty-four of
     5  this chapter through the installation and operation of  bus  lane  photo
     6  devices,  in  accordance  with  article  twenty-four of this chapter; to
     7  comply with toll collection regulations of  certain  public  authorities
     8  through  the  installation and operation of photo-monitoring systems, in
     9  accordance with the provisions of  section  two  thousand  nine  hundred
    10  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
    11  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    12  laws of nineteen hundred fifty; or to stop for a school bus displaying a
    13  red visual signal in violation of section eleven hundred seventy-four of
    14  this  chapter through the installation and operation of school bus photo
    15  violation monitoring systems, in accordance with article twenty-nine  of
    16  this  chapter,  is  contested.    Recording  devices may be used for the
    17  making of the record.
    18    § 6. Subdivisions 1 and 2 of section 241 of the  vehicle  and  traffic
    19  law  are  REPEALED and two new subdivisions 1 and 2 are added to read as
    20  follows:
    21    1. The hearing examiner shall make a  determination  on  the  charges,
    22  either  sustaining or dismissing them. Where the hearing examiner deter-
    23  mines that the charges have been sustained he or she may examine  either
    24  the  prior  parking  violations  record  or  the  record  of liabilities
    25  incurred in accordance with any provisions of law specifically authoriz-
    26  ing the imposition of monetary liability on the owner of a  vehicle  for
    27  failure  of  an  operator  thereof: to comply with traffic-control indi-
    28  cations in violation of subdivision (d) of section eleven hundred eleven
    29  of this chapter through the installation and operation  of  traffic-con-
    30  trol signal photo violation-monitoring systems, in accordance with arti-
    31  cle  twenty-four  of this chapter; to comply with certain posted maximum
    32  speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)  of
    33  section  eleven  hundred eighty of this chapter through the installation
    34  and operation of photo speed violation monitoring systems, in accordance
    35  with  article  thirty  of  this  chapter;  to  comply  with   bus   lane
    36  restrictions  as  defined by article twenty-four of this chapter through
    37  the installation and operation of bus lane photo devices, in  accordance
    38  with article twenty-four of this chapter; to comply with toll collection
    39  regulations  of  certain public authorities through the installation and
    40  operation of photo-monitoring systems, in accordance with the provisions
    41  of section two thousand nine hundred eighty-five of the public  authori-
    42  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    43  seven hundred seventy-four of the laws of nineteen hundred fifty; or  to
    44  stop  for  a  school  bus displaying a red visual signal in violation of
    45  section eleven hundred seventy-four of this chapter through the  instal-
    46  lation  and  operation of school bus photo violation monitoring systems,
    47  in accordance with article twenty-nine of this chapter,  of  the  person
    48  charged,  as  applicable prior to rendering a final determination. Final
    49  determinations sustaining or dismissing charges shall be  entered  on  a
    50  final  determination roll maintained by the bureau together with records
    51  showing payment and nonpayment of penalties.
    52    2. Where an operator or owner fails to enter a plea to a charge  of  a
    53  parking  violation  or  contest an allegation of liability in accordance
    54  with any provisions of law specifically authorizing  the  imposition  of
    55  monetary  liability on the owner of a vehicle for failure of an operator
    56  thereof: to comply with  traffic-control  indications  in  violation  of
        S. 415--A                          10
 
     1  subdivision (d) of section eleven hundred eleven of this chapter through
     2  the  installation  and  operation of traffic-control signal photo viola-
     3  tion-monitoring systems, in accordance with article twenty-four of  this
     4  chapter; to comply with certain posted maximum speed limits in violation
     5  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
     6  eighty of this chapter through the installation and operation  of  photo
     7  speed violation monitoring systems, in accordance with article thirty of
     8  this chapter; to comply with bus lane restrictions as defined by article
     9  twenty-four  of  this  chapter through the installation and operation of
    10  bus lane photo devices, in accordance with article twenty-four  of  this
    11  chapter;  to  comply  with toll collection regulations of certain public
    12  authorities through the installation and operation  of  photo-monitoring
    13  systems,  in accordance with the provisions of section two thousand nine
    14  hundred  eighty-five  of  the  public  authorities  law   and   sections
    15  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    16  of  the  laws  of  nineteen  hundred  fifty; or to stop for a school bus
    17  displaying a red visual signal in violation of  section  eleven  hundred
    18  seventy-four  of  this chapter through the installation and operation of
    19  school bus photo violation monitoring systems, in accordance with  arti-
    20  cle  twenty-nine  of  this  chapter,  or fails to appear on a designated
    21  hearing date or subsequent adjourned date or fails after  a  hearing  to
    22  comply  with  the  determination of a hearing examiner, as prescribed by
    23  this article or by rule or regulation of the  bureau,  such  failure  to
    24  plead or contest, appear or comply shall be deemed, for all purposes, an
    25  admission of liability and shall be grounds for rendering and entering a
    26  default  judgment  in an amount provided by the rules and regulations of
    27  the  bureau.  However,  after  the  expiration  of  the  original   date
    28  prescribed  for  entering  a  plea  and before a default judgment may be
    29  rendered, in such case the  bureau  shall  pursuant  to  the  applicable
    30  provisions  of  law notify such operator or owner, by such form of first
    31  class mail as the commission may direct; (1) of the  violation  charged,
    32  or  liability  alleged  in accordance with any provisions of law specif-
    33  ically authorizing the imposition of monetary liability on the owner  of
    34  a  vehicle  for  failure of an operator thereof: to comply with traffic-
    35  control indications in violation of subdivision (d)  of  section  eleven
    36  hundred eleven of this chapter through the installation and operation of
    37  traffic-control signal photo violation-monitoring systems, in accordance
    38  with  article twenty-four of this chapter; to comply with certain posted
    39  maximum speed limits in violation of subdivisions (b), (c), (d), (f)  or
    40  (g) of section eleven hundred eighty of this chapter through the instal-
    41  lation  and  operation  of  photo speed violation monitoring systems, in
    42  accordance with article thirty of this chapter; to comply with bus  lane
    43  restrictions  as  defined by article twenty-four of this chapter through
    44  the installation and operation of bus lane photo devices, in  accordance
    45  with article twenty-four of this chapter; to comply with toll collection
    46  regulations  of  certain public authorities through the installation and
    47  operation of photo-monitoring systems, in accordance with the provisions
    48  of section two thousand nine hundred eighty-five of the public  authori-
    49  ties  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    50  seven hundred seventy-four of the laws of nineteen hundred fifty; or  to
    51  stop  for  a  school  bus displaying a red visual signal in violation of
    52  section eleven hundred seventy-four of this chapter through the  instal-
    53  lation  and  operation of school bus photo violation monitoring systems,
    54  in accordance with article twenty-nine  of  this  chapter,  (2)  of  the
    55  impending  default  judgment,  (3) that such judgment will be entered in
    56  the Civil Court of the city in which the bureau has been established, or
        S. 415--A                          11

     1  other court of civil jurisdiction or any other place  provided  for  the
     2  entry  of  civil  judgments within the state of New York, and (4) that a
     3  default may be avoided by entering a plea or contesting an allegation of
     4  liability  in accordance with any provisions of law specifically author-
     5  izing the imposition of monetary liability on the owner of a vehicle for
     6  failure of an operator thereof: to  comply  with  traffic-control  indi-
     7  cations in violation of subdivision (d) of section eleven hundred eleven
     8  of  this  chapter through the installation and operation of traffic-con-
     9  trol signal photo violation-monitoring systems, in accordance with arti-
    10  cle twenty-four of this chapter; to comply with certain  posted  maximum
    11  speed  limits  in violation of subdivisions (b), (c), (d), (f) or (g) of
    12  section eleven hundred eighty of this chapter through  the  installation
    13  and operation of photo speed violation monitoring systems, in accordance
    14  with   article   thirty  of  this  chapter;  to  comply  with  bus  lane
    15  restrictions as defined by article twenty-four of this  chapter  through
    16  the  installation and operation of bus lane photo devices, in accordance
    17  with article twenty-four of this chapter; to comply with toll collection
    18  regulations of certain public authorities through the  installation  and
    19  operation of photo-monitoring systems, in accordance with the provisions
    20  of  section two thousand nine hundred eighty-five of the public authori-
    21  ties law and sections sixteen-a,  sixteen-b  and  sixteen-c  of  chapter
    22  seven  hundred seventy-four of the laws of nineteen hundred fifty; or to
    23  stop for a school bus displaying a red visual  signal  in  violation  of
    24  section  eleven hundred seventy-four of this chapter through the instal-
    25  lation and operation of school bus photo violation  monitoring  systems,
    26  in  accordance  with  article  twenty-nine of this chapter, or making an
    27  appearance within thirty days of the sending  of  such  notice.    Pleas
    28  entered  and  allegations  contested  within that period shall be in the
    29  manner prescribed in the notice and not subject to additional penalty or
    30  fee. Such notice of impending default judgment  shall  not  be  required
    31  prior  to  the  rendering  and entry thereof in the case of operators or
    32  owners who are non-residents of the state of New York. In no case  shall
    33  a default judgment be rendered or, where required, a notice of impending
    34  default  judgment  be  sent, more than two years after the expiration of
    35  the time prescribed for entering a plea  or  contesting  an  allegation.
    36  When  a  person  has  demanded  a  hearing,  no fine or penalty shall be
    37  imposed for any reason, prior to the holding  of  the  hearing.  If  the
    38  hearing  examiner  shall make a determination on the charges, sustaining
    39  them, he or she shall impose no greater penalty or fine than those  upon
    40  which the person was originally charged.
    41    §  7. Paragraph a of subdivision 5-a of section 401 of the vehicle and
    42  traffic law is REPEALED and a new  paragraph  a  is  added  to  read  as
    43  follows:
    44    a.  (i)  If  at  the time of application for a registration or renewal
    45  thereof there is  a  certification  from  a  court,  parking  violations
    46  bureau, traffic and parking violations agency or administrative tribunal
    47  of  appropriate jurisdiction that the registrant or his or her represen-
    48  tative failed to appear on the return date or any  subsequent  adjourned
    49  date  or  failed to comply with the rules and regulations of an adminis-
    50  trative tribunal following entry of a final decision in  response  to  a
    51  total  of  three  or  more  summonses or other process in the aggregate,
    52  issued within an eighteen month period, charging either that:  (i)  such
    53  motor  vehicle was parked, stopped or standing, or that such motor vehi-
    54  cle was operated for hire by the registrant or his or her agent  without
    55  being  licensed  as  a  motor  vehicle for hire by the appropriate local
    56  authority, in violation of any of the provisions of this chapter  or  of
        S. 415--A                          12
 
     1  any  law,  ordinance,  rule  or regulation made by a local authority; or
     2  (ii) the registrant was liable for a violation  of  subdivision  (d)  of
     3  section  eleven  hundred  eleven  of  this chapter imposed pursuant to a
     4  local  law  or  ordinance  imposing monetary liability on the owner of a
     5  vehicle for failure of an operator thereof to comply  with  traffic-con-
     6  trol  indications through the installation and operation of traffic-con-
     7  trol signal photo violation-monitoring systems, in accordance with arti-
     8  cle twenty-four of this chapter; or (iii) the registrant was liable  for
     9  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    10  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    11  program  imposing monetary liability on the owner of a vehicle for fail-
    12  ure of an operator thereof to comply  with  such  posted  maximum  speed
    13  limits  through  the installation and operation of photo speed violation
    14  monitoring systems, in accordance with article thirty of  this  chapter;
    15  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    16  restrictions as defined by article twenty-four of this  chapter  imposed
    17  pursuant  to  a bus rapid transit program imposing monetary liability on
    18  the owner of a vehicle for failure of an operator thereof to comply with
    19  such bus lane restrictions through the installation and operation of bus
    20  lane photo devices, in accordance with article twenty-four of this chap-
    21  ter; or (v) the registrant was liable for a violation of section  eleven
    22  hundred  seventy-four  of  this chapter when meeting a school bus marked
    23  and equipped as provided in  subdivisions  twenty  and  twenty-one-c  of
    24  section three hundred seventy-five of this chapter imposed pursuant to a
    25  local  law  or  ordinance  imposing monetary liability on the owner of a
    26  vehicle for failure of an operator thereof to comply with school bus red
    27  visual signals through the installation  and  operation  of  school  bus
    28  photo  violation  monitoring systems, in accordance with article twenty-
    29  nine of this chapter, the commissioner or his or her  agent  shall  deny
    30  the  registration  or  renewal  application until the applicant provides
    31  proof from the court, traffic and parking violations agency or  adminis-
    32  trative  tribunal  wherein the charges are pending that an appearance or
    33  answer has been made or in the case of an administrative  tribunal  that
    34  he  or  she has complied with the rules and regulations of said tribunal
    35  following entry of a final decision.  Where  an  application  is  denied
    36  pursuant   to  this  section,  the  commissioner  may,  in  his  or  her
    37  discretion, deny a registration or  renewal  application  to  any  other
    38  person  for  the  same  vehicle  and  may deny a registration or renewal
    39  application for any other motor vehicle registered in the  name  of  the
    40  applicant  where  the commissioner has determined that such registrant's
    41  intent has been to evade the purposes of this subdivision and where  the
    42  commissioner has reasonable grounds to believe that such registration or
    43  renewal  will have the effect of defeating the purposes of this subdivi-
    44  sion.  Such denial shall only remain in effect as long as the  summonses
    45  remain  unanswered,  or  in  the case of an administrative tribunal, the
    46  registrant fails to comply with  the  rules  and  regulations  following
    47  entry of a final decision.
    48    (ii)  For purposes of this paragraph, the term "motor vehicle operated
    49  for hire" shall mean and include a taxicab, livery, coach, limousine  or
    50  tow truck.
    51    §  8.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    52  section 1809 of the vehicle and traffic law, as  separately  amended  by
    53  section  10  of  chapter 145 and section 9 of chapter 148 of the laws of
    54  2019, are amended to read as follows:
    55    Whenever proceedings in an administrative tribunal or a court of  this
    56  state  result  in  a  conviction  for an offense under this chapter or a
        S. 415--A                          13
 
     1  traffic infraction under this chapter, or a local law,  ordinance,  rule
     2  or  regulation  adopted  pursuant  to this chapter, other than a traffic
     3  infraction involving standing, stopping, or  parking  or  violations  by
     4  pedestrians  or  bicyclists[, or other than an adjudication of liability
     5  of 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-a  of this chapter, or other than an adjudication of liability of
     8  an owner for a violation of subdivision (d) of  section  eleven  hundred
     9  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    10  eleven-b of this chapter, or other than an  adjudication  in  accordance
    11  with  section eleven hundred eleven-c of this chapter for a violation of
    12  a bus lane restriction as defined in such  section,  or  other  than  an
    13  adjudication of liability of an owner for a violation of subdivision (d)
    14  of  section  eleven  hundred  eleven  of this chapter in accordance with
    15  section eleven hundred eleven-d of this chapter, or other than an  adju-
    16  dication  of  liability  of an owner for a violation of subdivision (b),
    17  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    18  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    19  other  than  an adjudication of liability of an owner for a violation of
    20  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    21  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    22  other than an adjudication of liability of an owner for a  violation  of
    23  section  eleven  hundred seventy-four of this chapter in accordance with
    24  section eleven hundred seventy-four-a of this chapter, or other than  an
    25  adjudication  of  liability  of  an owner for a violation of subdivision
    26  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    27  ter in accordance with section eleven hundred eighty-d of this chapter,]
    28  and except as otherwise provided by subdivision one-a of  this  section,
    29  there  shall  be  levied  a  crime victim assistance fee and a mandatory
    30  surcharge, in addition to any sentence required or permitted by law,  in
    31  accordance with the following schedule:
    32    (c)  Whenever  proceedings in an administrative tribunal or a court of
    33  this state result in a conviction for  an  offense  under  this  chapter
    34  other than a crime pursuant to section eleven hundred ninety-two of this
    35  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    36  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    37  than  a  traffic  infraction involving standing, stopping, or parking or
    38  violations by pedestrians or bicyclists[, or other than an  adjudication
    39  of  liability  of an owner for a violation of subdivision (d) of section
    40  eleven hundred eleven of this chapter in accordance with section  eleven
    41  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
    42  liability of an owner for a violation  of  subdivision  (d)  of  section
    43  eleven  hundred eleven of this chapter in accordance with section eleven
    44  hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
    45  liability  of  an  owner  for  a violation of subdivision (d) of section
    46  eleven hundred eleven of this chapter in accordance with section  eleven
    47  hundred  eleven-d  of this chapter, or other than an infraction pursuant
    48  to article nine of this chapter or other than an adjudication of liabil-
    49  ity of an owner for a violation of toll collection regulations  pursuant
    50  to  section two thousand nine hundred eighty-five of the public authori-
    51  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    52  hundred seventy-four of the laws of nineteen hundred fifty or other than
    53  an adjudication in accordance with section eleven  hundred  eleven-c  of
    54  this  chapter  for  a  violation of a bus lane restriction as defined in
    55  such section, or other than an adjudication of liability of an owner for
    56  a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
        S. 415--A                          14

     1  hundred eighty of this chapter in accordance with section eleven hundred
     2  eighty-b  of this chapter, or other than an adjudication of liability of
     3  an owner for a violation of subdivision (d) of  section  eleven  hundred
     4  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
     5  eleven-e of this chapter, or other than an adjudication of liability  of
     6  an  owner for a violation of section eleven hundred seventy-four of this
     7  chapter in accordance with section eleven hundred seventy-four-a of this
     8  chapter, or other than an adjudication of liability of an  owner  for  a
     9  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    10  hundred eighty of this chapter in accordance with section eleven hundred
    11  eighty-d of this chapter,] and except as otherwise provided by  subdivi-
    12  sion one-a of this section, there shall be levied a crime victim assist-
    13  ance  fee  in  the  amount of five dollars and a mandatory surcharge, in
    14  addition to any sentence required or permitted by law, in the amount  of
    15  fifty-five dollars.
    16    §  8-a.  The  opening  paragraph and paragraph (c) of subdivision 1 of
    17  section 1809 of the vehicle and traffic law, as amended by section 10 of
    18  chapter 145 of the laws of 2019, are amended to read as follows:
    19    Whenever proceedings in an administrative tribunal or a court of  this
    20  state  result  in  a  conviction  for an offense under this chapter or a
    21  traffic infraction under this chapter, or a local law,  ordinance,  rule
    22  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    23  infraction involving standing, stopping, or  parking  or  violations  by
    24  pedestrians  or  bicyclists[, or other than an adjudication of liability
    25  of an owner for a violation of subdivision (d) of section eleven hundred
    26  eleven of  this  chapter  in  accordance  with  section  eleven  hundred
    27  eleven-a  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-b of this chapter, or other than an  adjudication  in  accordance
    31  with  section eleven hundred eleven-c of this chapter for a violation of
    32  a bus lane restriction as defined in such  section,  or  other  than  an
    33  adjudication of liability of an owner for a violation of subdivision (d)
    34  of  section  eleven  hundred  eleven  of this chapter in accordance with
    35  section eleven hundred eleven-d of this chapter, or other than an  adju-
    36  dication  of  liability  of an owner for a violation of subdivision (b),
    37  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    38  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    39  other  than  an adjudication of liability of an owner for a violation of
    40  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    41  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    42  other than an adjudication of liability of an owner for a  violation  of
    43  section  eleven  hundred seventy-four of this chapter in accordance with
    44  section eleven hundred seventy-four-a of this chapter,]  and  except  as
    45  otherwise  provided by subdivision one-a of this section, there shall be
    46  levied a crime victim assistance fee and a mandatory surcharge, in addi-
    47  tion to any sentence required or permitted by law,  in  accordance  with
    48  the following schedule:
    49    (c)  Whenever  proceedings in an administrative tribunal or a court of
    50  this state result in a conviction for  an  offense  under  this  chapter
    51  other than a crime pursuant to section eleven hundred ninety-two of this
    52  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    53  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    54  than  a  traffic  infraction involving standing, stopping, or parking or
    55  violations by pedestrians or bicyclists[, or other than an  adjudication
    56  of  liability  of an owner for a violation of subdivision (d) of section
        S. 415--A                          15

     1  eleven hundred eleven of this chapter in accordance with section  eleven
     2  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of
     3  liability of an owner for a violation  of  subdivision  (d)  of  section
     4  eleven  hundred eleven of this chapter in accordance with section eleven
     5  hundred eleven-b of this chapter,  or  other  than  an  adjudication  of
     6  liability  of  an  owner  for  a violation of subdivision (d) of section
     7  eleven hundred eleven of this chapter in accordance with section  eleven
     8  hundred  eleven-d  of this chapter, or other than an infraction pursuant
     9  to article nine of this chapter or other than an adjudication of liabil-
    10  ity of an owner for a violation of toll collection regulations  pursuant
    11  to  section two thousand nine hundred eighty-five of the public authori-
    12  ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
    13  hundred seventy-four of the laws of nineteen hundred fifty or other than
    14  an adjudication in accordance with section eleven  hundred  eleven-c  of
    15  this  chapter  for  a  violation of a bus lane restriction as defined in
    16  such section, or other than an adjudication of liability of an owner for
    17  a violation of subdivision (b), (c), (d), (f) or (g) of  section  eleven
    18  hundred eighty of this chapter in accordance with section eleven hundred
    19  eighty-b  of this chapter, or other than an adjudication of liability of
    20  an owner for a violation of subdivision (d) of  section  eleven  hundred
    21  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    22  eleven-e of this chapter, or other than an adjudication of liability  of
    23  an  owner for a violation of section eleven hundred seventy-four of this
    24  chapter in accordance with section eleven hundred seventy-four-a of this
    25  chapter,] and except as otherwise provided by subdivision one-a of  this
    26  section,  there  shall  be  levied  a crime victim assistance fee in the
    27  amount of five dollars and a mandatory surcharge,  in  addition  to  any
    28  sentence  required  or  permitted  by  law,  in the amount of fifty-five
    29  dollars.
    30    § 8-b. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    31  as  separately amended by section 10-a of chapter 145 and section 9-a of
    32  chapter 148 of the laws of 2019, is amended to read as follows:
    33    1. Whenever proceedings in an administrative tribunal or  a  court  of
    34  this  state  result  in a conviction for a crime under this chapter or a
    35  traffic infraction under this chapter, or a local law,  ordinance,  rule
    36  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    37  infraction involving standing, stopping, parking or motor vehicle equip-
    38  ment or violations by pedestrians or bicyclists[, or other than an adju-
    39  dication of liability of an owner for a violation of subdivision (d)  of
    40  section eleven hundred eleven of this chapter in accordance with section
    41  eleven  hundred  eleven-a of this chapter, or other than an adjudication
    42  of liability of an owner for a violation of subdivision (d)  of  section
    43  eleven  hundred eleven of this chapter in accordance with section eleven
    44  hundred eleven-b of this chapter,  or  other  than  an  adjudication  in
    45  accordance  with  section  eleven hundred eleven-c of this chapter for a
    46  violation of a bus lane restriction as defined in such section, or other
    47  than an adjudication of liability of an owner for a violation of  subdi-
    48  vision  (d)  of section eleven hundred eleven of this chapter in accord-
    49  ance with section eleven hundred eleven-d of this chapter, or other than
    50  an adjudication of liability of an owner for a violation of  subdivision
    51  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    52  ter  in accordance with section eleven hundred eighty-b of this chapter,
    53  or other than an adjudication of liability of an owner for  a  violation
    54  of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
    55  eighty of this chapter in accordance with section eleven hundred  eight-
    56  y-d  of  this  chapter, or other than an adjudication of liability of an
        S. 415--A                          16

     1  owner for a violation of subdivision (d) of section eleven hundred elev-
     2  en of this chapter in accordance with section eleven hundred eleven-e of
     3  this chapter, or other than an adjudication of liability of an owner for
     4  a  violation  of  section eleven hundred seventy-four of this chapter in
     5  accordance with section eleven hundred seventy-four-a of this  chapter,]
     6  and  except  as otherwise provided by subdivision one-a of this section,
     7  there shall be levied a mandatory surcharge, in addition to any sentence
     8  required or permitted by law, in the amount of twenty-five dollars.
     9    § 8-c. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    10  as  separately amended by section 10-b of chapter 145 and section 9-b of
    11  chapter 148 of the laws of 2019, is amended to read as follows:
    12    1. Whenever proceedings in an administrative tribunal or  a  court  of
    13  this  state  result  in a conviction for a crime under this chapter or a
    14  traffic infraction under this chapter other than  a  traffic  infraction
    15  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    16  violations by pedestrians or bicyclists[, or other than an  adjudication
    17  in accordance with section eleven hundred eleven-c of this chapter for a
    18  violation of a bus lane restriction as defined in such section, or other
    19  than  an adjudication of liability of an owner for a violation of subdi-
    20  vision (d) of section eleven hundred eleven of this chapter  in  accord-
    21  ance with section eleven hundred eleven-d of this chapter, or other than
    22  an  adjudication of liability of an owner for a violation of subdivision
    23  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    24  ter in accordance with section eleven hundred eighty-d of this  chapter,
    25  or  other  than an adjudication of liability of an owner for a violation
    26  of subdivision (d) of section eleven hundred eleven of this  chapter  in
    27  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    28  other than an adjudication of liability of an owner for a  violation  of
    29  section  eleven  hundred seventy-four of this chapter in accordance with
    30  section eleven hundred seventy-four-a of this chapter,]  and  except  as
    31  otherwise  provided by subdivision one-a of this section, there shall be
    32  levied a mandatory surcharge, in addition to any  sentence  required  or
    33  permitted by law, in the amount of seventeen dollars.
    34    §  8-d.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    35  as separately amended by section 10-c of chapter 145 and section 9-c  of
    36  chapter 148 of the laws of 2019, is amended to read as follows:
    37    1.  Whenever  proceedings  in an administrative tribunal or a court of
    38  this state result in a conviction for a crime under this  chapter  or  a
    39  traffic  infraction  under  this chapter other than a traffic infraction
    40  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    41  violations  by pedestrians or bicyclists[, or other than an adjudication
    42  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    43  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    44  ance with section eleven hundred eighty-b of this chapter, or other than
    45  an adjudication of liability of an owner for a violation of  subdivision
    46  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    47  ter  in accordance with section eleven hundred eighty-d of this chapter,
    48  or other than an adjudication of liability of an owner for  a  violation
    49  of  subdivision  (d) of section eleven hundred eleven of this chapter in
    50  accordance with section eleven hundred  eleven-d  of  this  chapter,  or
    51  other  than  an adjudication of liability of an owner for a violation of
    52  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    53  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    54  other than an adjudication of liability of an owner for a  violation  of
    55  section  eleven  hundred seventy-four of this chapter in accordance with
    56  section eleven hundred seventy-four-a of this chapter,]  and  except  as
        S. 415--A                          17
 
     1  otherwise  provided by subdivision one-a of this section, there shall be
     2  levied a mandatory surcharge, in addition to any  sentence  required  or
     3  permitted by law, in the amount of seventeen dollars.
     4    §  8-e.  Subdivision 1 of section 1809 of the vehicle and traffic law,
     5  as separately amended by section 10-d of chapter 145 and section 9-d  of
     6  chapter 148 of the laws of 2019, is amended to read as follows:
     7    1.  Whenever  proceedings  in an administrative tribunal or a court of
     8  this state result in a conviction for a crime under this  chapter  or  a
     9  traffic  infraction  under  this chapter other than a traffic infraction
    10  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    11  violations  by pedestrians or bicyclists[, or other than an adjudication
    12  of liability of an owner for a violation of subdivision (b),  (c),  (d),
    13  (f)  or  (g) of section eleven hundred eighty of this chapter in accord-
    14  ance with section eleven hundred eighty-d of this chapter, or other than
    15  an adjudication of liability of an owner for a violation of  subdivision
    16  (d)  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 (d) of
    19  section eleven hundred eleven of this chapter in accordance with section
    20  eleven hundred eleven-e of this chapter, or other than  an  adjudication
    21  of  liability  of  an  owner  for  a violation of section eleven hundred
    22  seventy-four of this chapter in accordance with section  eleven  hundred
    23  seventy-four-a  of  this  chapter,]  and except as otherwise provided by
    24  subdivision one-a of this section, there shall  be  levied  a  mandatory
    25  surcharge,  in addition to any sentence required or permitted by law, in
    26  the amount of seventeen dollars.
    27    § 8-f. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    28  as  separately amended by section 10-f of chapter 145 and section 9-f of
    29  chapter 148 of the laws of 2019, is amended to read as follows:
    30    1. Whenever proceedings in an administrative tribunal or  a  court  of
    31  this  state  result  in a conviction for a crime under this chapter or a
    32  traffic infraction under this chapter other than  a  traffic  infraction
    33  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    34  violations by pedestrians or bicyclists[, or other than an  adjudication
    35  of  liability  of an owner for a violation of subdivision (b), (c), (d),
    36  (f) or (g) of section eleven hundred eighty of this chapter  in  accord-
    37  ance with section eleven hundred eighty-d of this chapter, or other than
    38  an  adjudication of liability of an owner for a violation of subdivision
    39  (d) of section eleven hundred eleven of this chapter in accordance  with
    40  section  eleven hundred eleven-e of this chapter, or other than an adju-
    41  dication of liability of an owner for  a  violation  of  section  eleven
    42  hundred  seventy-four  of this chapter in accordance with section eleven
    43  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
    44  provided  by  subdivision one-a of this section, there shall be levied a
    45  mandatory surcharge, in addition to any sentence required  or  permitted
    46  by law, in the amount of seventeen dollars.
    47    §  8-g.  Subdivision 1 of section 1809 of the vehicle and traffic law,
    48  as separately amended by section 10-g of chapter 145 and section 9-g  of
    49  chapter 148 of the laws of 2019, is amended to read as follows:
    50    1.  Whenever  proceedings  in an administrative tribunal or a court of
    51  this state result in a conviction for a crime under this  chapter  or  a
    52  traffic  infraction  under  this chapter other than a traffic infraction
    53  involving standing, stopping, parking  or  motor  vehicle  equipment  or
    54  violations  by pedestrians or bicyclists[, or other than an adjudication
    55  of liability of an owner for a violation of subdivision (b), (d), (f) or
    56  (g) of section eleven hundred eighty of this chapter in accordance  with
        S. 415--A                          18

     1  section  eleven hundred eighty-d of this chapter, or other than an adju-
     2  dication of liability of an owner for  a  violation  of  section  eleven
     3  hundred  seventy-four  of this chapter in accordance with section eleven
     4  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
     5  provided by subdivision one-a of this section, there shall be  levied  a
     6  mandatory  surcharge,  in addition to any sentence required or permitted
     7  by law, in the amount of seventeen dollars.
     8    § 8-h. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
     9  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    10  of the laws of 1989, is amended to read as follows:
    11    1. Whenever proceedings in an administrative tribunal or  a  court  of
    12  this  state  result  in a conviction for a crime under this chapter or a
    13  traffic infraction under this chapter other than  a  traffic  infraction
    14  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    15  violations by pedestrians or bicyclists and except as otherwise provided
    16  by subdivision one-a of this section, there shall be levied a  mandatory
    17  surcharge,  in addition to any sentence required or permitted by law, in
    18  the amount of seventeen dollars.
    19    § 9. Section 1809 of the vehicle and traffic law is amended by  adding
    20  a new subdivision 1-a to read as follows:
    21    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    22  section, the provisions of subdivision one of  this  section  shall  not
    23  apply  to  an adjudication of liability of owners: (a) for violations of
    24  subdivision (d) of section eleven hundred eleven of this chapter imposed
    25  pursuant to a local law or ordinance imposing monetary liability on  the
    26  owner  of  a  vehicle  for failure of an operator thereof to comply with
    27  traffic-control indications through the installation  and  operation  of
    28  traffic-control signal photo violation-monitoring systems, in accordance
    29  with  article  twenty-four  of  this  chapter;  or (b) for violations of
    30  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    31  of  this  chapter  imposed  pursuant to a demonstration program imposing
    32  monetary liability on the owner of a vehicle for failure of an  operator
    33  thereof  to  comply  with  such  posted maximum speed limits through the
    34  installation and operation of photo speed violation monitoring  systems,
    35  in accordance with article thirty of this chapter; or (c) for violations
    36  of bus lane restrictions as defined by article twenty-four of this chap-
    37  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    38  liability on the owner of a vehicle for failure of an  operator  thereof
    39  to  comply  with such bus lane restrictions through the installation and
    40  operation of bus lane photo devices, in accordance with article  twenty-
    41  four  of  this  chapter;  or (d) for violations of toll collection regu-
    42  lations imposed by  certain  public  authorities  pursuant  to  the  law
    43  authorizing  such public authorities to impose monetary liability on the
    44  owner of a vehicle for failure of an operator  thereof  to  comply  with
    45  toll  collection  regulations  of  such  public  authorities through the
    46  installation and operation of photo-monitoring  systems,  in  accordance
    47  with  the provisions of section two thousand nine hundred eighty-five of
    48  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    49  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
    50  hundred fifty; or (e) for violations of section eleven hundred  seventy-
    51  four  of  this  chapter when meeting a school bus marked and equipped as
    52  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    53  hundred  seventy-five of this chapter imposed pursuant to a local law or
    54  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    55  failure  of  an  operator  thereof  to comply with school bus red visual
    56  signals through the installation  and  operation  of  school  bus  photo
        S. 415--A                          19
 
     1  violation  monitoring systems, in accordance with article twenty-nine of
     2  this chapter.
     3    §  9-a.  Paragraph a of subdivision 1 of section 1809-e of the vehicle
     4  and traffic law is REPEALED and a new paragraph a is added  to  read  as
     5  follows:
     6    a. Notwithstanding any other provision of law, whenever proceedings in
     7  a  court  or  an  administrative  tribunal  of  this  state  result in a
     8  conviction for an offense under this chapter, except a conviction pursu-
     9  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    10  fic infraction under this chapter, or a local law,  ordinance,  rule  or
    11  regulation  adopted  pursuant  to  this  chapter,  except: (i) a traffic
    12  infraction involving standing, stopping, or  parking  or  violations  by
    13  pedestrians  or  bicyclists; and (ii) an adjudication of liability of an
    14  owner for a violation of subdivision (d) of section eleven hundred elev-
    15  en of this chapter imposed pursuant to a local law or ordinance imposing
    16  monetary liability on the owner of a vehicle for failure of an  operator
    17  thereof to comply with traffic-control indications through the installa-
    18  tion  and operation of traffic-control signal photo violation-monitoring
    19  systems, in accordance with article twenty-four  of  this  chapter;  and
    20  (iii) an adjudication of liability of an owner for a violation of subdi-
    21  vision  (b),  (c),  (d),  (f) or (g) of section eleven hundred eighty of
    22  this chapter imposed pursuant to a demonstration program imposing  mone-
    23  tary  liability  on  the  owner  of a vehicle for failure of an operator
    24  thereof to comply with such posted  maximum  speed  limits  through  the
    25  installation  and operation of photo speed violation monitoring systems,
    26  in accordance with article thirty of this chapter; and (iv)  an  adjudi-
    27  cation of liability of an owner for a violation of bus lane restrictions
    28  as  defined by article twenty-four of this chapter imposed pursuant to a
    29  bus rapid transit program imposing monetary liability on the owner of  a
    30  vehicle  for failure of an operator thereof to comply with such bus lane
    31  restrictions through the installation and operation of  bus  lane  photo
    32  devices, in accordance with article twenty-four of this chapter; and (v)
    33  an  adjudication  of  liability  of  an  owner  for  a violation of toll
    34  collection regulations imposed by certain public authorities pursuant to
    35  the law authorizing such public authorities to impose monetary liability
    36  on the owner of a vehicle for failure of an operator thereof  to  comply
    37  with  toll collection regulations of such public authorities through the
    38  installation and operation of photo-monitoring  systems,  in  accordance
    39  with section two thousand nine hundred eighty-five of the public author-
    40  ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
    41  seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
    42  (vi) an adjudication of liability of an owner for a violation of section
    43  eleven  hundred  seventy-four  of this chapter when meeting a school bus
    44  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    45  of  section  three hundred seventy-five of this chapter imposed pursuant
    46  to a local law or ordinance imposing monetary liability on the owner  of
    47  a  vehicle  for failure of an operator thereof to comply with school bus
    48  red visual signals through the installation and operation of school  bus
    49  photo  violation  monitoring systems, in accordance with article twenty-
    50  nine of this chapter, there shall be levied in addition to any sentence,
    51  penalty or other surcharge required or permitted by law,  an  additional
    52  surcharge of twenty-eight dollars.
    53    §  10.  The  general  municipal law is amended by adding a new section
    54  371-a to read as follows:
    55    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    56  cation  of  certain  notices  of  liability. A traffic violations bureau
        S. 415--A                          20
 
     1  established pursuant to  subdivision  one  and  a  traffic  and  parking
     2  violations  agency  established  pursuant  to subdivision two of section
     3  three hundred seventy-one of this article may be authorized  to  adjudi-
     4  cate,  in  accordance with the provisions of this article, the liability
     5  of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
     6  hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
     7  local law or ordinance imposing monetary liability on  the  owner  of  a
     8  vehicle  for  failure of an operator thereof to comply with traffic-con-
     9  trol indications through the installation and operation of  traffic-con-
    10  trol signal photo violation-monitoring systems, in accordance with arti-
    11  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    12  section  eleven hundred seventy-four of the vehicle and traffic law when
    13  meeting a school bus marked and equipped  as  provided  in  subdivisions
    14  twenty  and  twenty-one-c  of  section three hundred seventy-five of the
    15  vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
    16  imposing  monetary liability on the owner of a vehicle for failure of an
    17  operator thereof to comply with school bus red  visual  signals  through
    18  the  installation and operation of school bus photo violation monitoring
    19  systems, in accordance with article twenty-nine of the vehicle and traf-
    20  fic law.
    21    § 11. The vehicle and traffic law is amended by adding a  new  section
    22  1111-f to read as follows:
    23    §  1111-f.  Owner  liability  for  failure  of operator to comply with
    24  traffic-control indications. (a) 1. Notwithstanding any other  provision
    25  of  law,  the village of Pelham Manor is hereby authorized and empowered
    26  to adopt and amend a local law or ordinance establishing a demonstration
    27  program imposing monetary liability on the owner of a vehicle for  fail-
    28  ure of an operator thereof to comply with traffic-control indications in
    29  such  village  in  accordance  with the provisions of this section. Such
    30  demonstration program shall empower such village to install and  operate
    31  traffic-control  signal  photo  violation-monitoring  devices at no more
    32  than one intersection within and under the jurisdiction of such  village
    33  at any one time.
    34    2.  Such demonstration program shall utilize necessary technologies to
    35  ensure, to the extent practicable, that  photographs  produced  by  such
    36  traffic-control  signal  photo  violation-monitoring  systems  shall not
    37  include images that identify the driver, the passengers, or the contents
    38  of the vehicle. Provided, however, that no notice  of  liability  issued
    39  pursuant  to this section shall be dismissed solely because a photograph
    40  or photographs allow for the identification of the contents of  a  vehi-
    41  cle,  provided  that such village has made a reasonable effort to comply
    42  with the provisions of this paragraph.
    43    (b) In any such village which has adopted a  local  law  or  ordinance
    44  pursuant  to  subdivision  (a)  of  this section, the owner of a vehicle
    45  shall be liable for a penalty imposed pursuant to this section  if  such
    46  vehicle  was  used or operated with the permission of the owner, express
    47  or implied, in violation of subdivision (d) of  section  eleven  hundred
    48  eleven  of  this article, and such violation is evidenced by information
    49  obtained  from  a  traffic-control  signal  photo   violation-monitoring
    50  system;  provided however that no owner of a vehicle shall be liable for
    51  a penalty imposed pursuant to this section where the  operator  of  such
    52  vehicle  has  been  convicted of the underlying violation of subdivision
    53  (d) of section eleven hundred eleven of this article.
    54    (c) For purposes of this  section,  "owner"  shall  have  the  meaning
    55  provided in article two-B of this chapter. For purposes of this section,
    56  "traffic-control  signal photo violation-monitoring system" shall mean a
        S. 415--A                          21
 
     1  vehicle sensor installed to work in conjunction with  a  traffic-control
     2  signal which automatically produces two or more photographs, two or more
     3  microphotographs,  a  videotape or other recorded images of each vehicle
     4  at  the  time  it is used or operated in violation of subdivision (d) of
     5  section eleven hundred eleven of this article.
     6    (d) A certificate, sworn to or affirmed by a  technician  employed  by
     7  the  village of Pelham Manor in which the charged violation occurred, or
     8  a facsimile thereof, based upon inspection of  photographs,  microphoto-
     9  graphs, videotape or other recorded images produced by a traffic-control
    10  signal  photo violation-monitoring system, shall be prima facie evidence
    11  of the facts contained  therein.    Any  photographs,  microphotographs,
    12  videotape  or other recorded images evidencing such a violation shall be
    13  available for inspection in any proceeding to adjudicate  the  liability
    14  for such violation pursuant to a local law or ordinance adopted pursuant
    15  to this section.
    16    (e)  An  owner  liable  for  a violation of subdivision (d) of section
    17  eleven hundred eleven of this article pursuant to a local law  or  ordi-
    18  nance  adopted  pursuant  to  this  section shall be liable for monetary
    19  penalties in accordance with a schedule of fines and penalties to be set
    20  forth in such local law or ordinance.  The liability of the owner pursu-
    21  ant to this section shall not exceed fifty dollars for  each  violation;
    22  provided,  however,  that such local law or ordinance may provide for an
    23  additional penalty  not  in  excess  of  twenty-five  dollars  for  each
    24  violation for the failure to respond to a notice of liability within the
    25  prescribed time period.
    26    (f)  An imposition of liability under a local law or ordinance adopted
    27  pursuant to this section shall not be deemed a conviction as an operator
    28  and shall not be made part of the operating record of  the  person  upon
    29  whom  such  liability  is  imposed  nor  shall  it be used for insurance
    30  purposes in the provision of motor vehicle insurance coverage.
    31    (g) 1. A notice of liability shall be sent by first class mail to each
    32  person alleged to be liable as an owner for a violation  of  subdivision
    33  (d)  of  section  eleven hundred eleven of this article pursuant to this
    34  section. Personal delivery on the owner shall not be required. A  manual
    35  or  automatic record of mailing prepared in the ordinary course of busi-
    36  ness shall be prima facie evidence of the facts contained therein.
    37    2. A notice of liability shall contain the name  and  address  of  the
    38  person  alleged  to be liable as an owner for a violation of subdivision
    39  (d) of section eleven hundred eleven of this article  pursuant  to  this
    40  section,  the  registration  number  of  the  vehicle  involved  in such
    41  violation, the location where such violation took place,  the  date  and
    42  time of such violation and the identification number of the camera which
    43  recorded the violation or other document locator number.
    44    3.  The  notice  of  liability  shall contain information advising the
    45  person charged of the manner and the time in which he or she may contest
    46  the liability alleged in the notice. Such notice of liability shall also
    47  contain a warning to advise the persons charged that failure to  contest
    48  in  the manner and time provided shall be deemed an admission of liabil-
    49  ity and that a default judgment may be entered thereon.
    50    4. The notice of liability shall be prepared and mailed by the village
    51  of Pelham Manor or by any other entity authorized  by  such  village  to
    52  prepare and mail such notification of violation.
    53    (h)  Adjudication of the liability imposed upon owners by this section
    54  shall be by a traffic violations bureau established pursuant to  section
    55  three hundred seventy of the general municipal law or, if there be none,
    56  by the court having jurisdiction over traffic infractions.
        S. 415--A                          22
 
     1    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
     2  section for any time period during which the vehicle was reported to the
     3  police department as having been stolen, it shall be a valid defense  to
     4  an allegation of liability for a violation of subdivision (d) of section
     5  eleven  hundred eleven of this article pursuant to this section that the
     6  vehicle had been reported to the police as stolen prior to the time  the
     7  violation occurred and had not been recovered by such time. For purposes
     8  of asserting the defense provided by this subdivision it shall be suffi-
     9  cient  that  a certified copy of the police report on the stolen vehicle
    10  be sent by first class mail to the traffic violations  bureau  or  court
    11  having jurisdiction.
    12    (j) An owner who is a lessor of a vehicle to which a notice of liabil-
    13  ity  was issued pursuant to subdivision (g) of this section shall not be
    14  liable for the violation of subdivision (d) of  section  eleven  hundred
    15  eleven  of  this  article,  provided that he or she sends to the traffic
    16  violations bureau or court having jurisdiction a  copy  of  the  rental,
    17  lease  or other such contract document covering such vehicle on the date
    18  of the violation, with the name and address of the lessee clearly  legi-
    19  ble,  within thirty-seven days after receiving notice from the bureau or
    20  court of the date and time of such violation, together  with  the  other
    21  information  contained  in the original notice of liability.  Failure to
    22  send such information within such thirty-seven  day  time  period  shall
    23  render  the  owner  liable  for  the penalty prescribed by this section.
    24  Where the lessor complies with the provisions of this  subdivision,  the
    25  lessee  of such vehicle on the date of such violation shall be deemed to
    26  be the owner of such vehicle for purposes  of  this  section,  shall  be
    27  subject  to  liability  for  the violation of subdivision (d) of section
    28  eleven hundred eleven of this article pursuant to this section and shall
    29  be sent a notice of  liability  pursuant  to  subdivision  (g)  of  this
    30  section.
    31    (k)  1.  If  the  owner  liable  for a violation of subdivision (d) of
    32  section eleven hundred eleven of this article pursuant to  this  section
    33  was  not  the  operator of the vehicle at the time of the violation, the
    34  owner may maintain an action for indemnification against the operator.
    35    2. Notwithstanding any other provision of this section, no owner of  a
    36  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    37  section if the operator of such vehicle was operating such vehicle with-
    38  out the consent of the owner at the time such operator failed to obey  a
    39  traffic-control indication. For purposes of this subdivision there shall
    40  be  a  presumption  that the operator of such vehicle was operating such
    41  vehicle with the consent of the owner at the time such  operator  failed
    42  to obey a traffic-control indication.
    43    (l)  Nothing in this section shall be construed to limit the liability
    44  of an operator of a vehicle for any  violation  of  subdivision  (d)  of
    45  section eleven hundred eleven of this article.
    46    (m) Any village that adopts a demonstration program pursuant to subdi-
    47  vision  (a)  of this section shall submit an annual report detailing the
    48  results of the use of such traffic-control signal photo  violation-moni-
    49  toring system to the governor, the temporary president of the senate and
    50  the  speaker  of  the  assembly  on or before the first day of June next
    51  succeeding the effective date of this section and on the  same  date  in
    52  each  succeeding  year  in  which the demonstration program is operable.
    53  Such report shall include, but not be limited to:
    54    1. a description of the locations where traffic-control  signal  photo
    55  violation-monitoring systems were used;
        S. 415--A                          23
 
     1    2.  the  aggregate  number, type and severity of accidents reported at
     2  intersections where a traffic-control signal photo  violation-monitoring
     3  system  is  used  for the three years preceding the installation of such
     4  system, to the extent the information is maintained by the department of
     5  motor vehicles of this state;
     6    3.  the  aggregate  number, type and severity of accidents reported at
     7  intersections where a traffic-control signal photo  violation-monitoring
     8  system is used for the reporting year, as well as for each year that the
     9  traffic-control signal photo violation-monitoring system has been opera-
    10  tional, to the extent the information is maintained by the department of
    11  motor vehicles of this state;
    12    4.  the  number  of  events  and number of violations recorded at each
    13  intersection where a traffic-control signal  photo  violation-monitoring
    14  system  is  used  and  in  the  aggregate on a daily, weekly and monthly
    15  basis;
    16    5. the number of notices of liability issued for  violations  recorded
    17  by such system at each intersection where a traffic-control signal photo
    18  violation-monitoring system is used;
    19    6.  the  number  of fines imposed and total amount of fines paid after
    20  first notice of liability;
    21    7. the number and percentage of violations adjudicated and results  of
    22  such   adjudications  including  breakdowns  of  dispositions  made  for
    23  violations recorded by such systems which shall  be  provided  at  least
    24  annually to such village by the respective courts and bureaus conducting
    25  such adjudications;
    26    8.  the  total  amount  of  revenue realized by such village from such
    27  adjudications including a breakdown of revenue realized by such  village
    28  for  each  year  since  deployment  of  its traffic-control signal photo
    29  violation-monitoring system;
    30    9. expenses incurred by such village in connection with  the  program;
    31  and
    32    10. quality of the adjudication process and its results which shall be
    33  provided  at least annually to such village by the respective courts and
    34  bureaus conducting such adjudications.
    35    (n) It shall be a defense to any prosecution for a violation of subdi-
    36  vision (d) of section eleven hundred eleven of this article pursuant  to
    37  a  local  law  or  ordinance  adopted pursuant to this section that such
    38  traffic-control indications were  malfunctioning  at  the  time  of  the
    39  alleged violation.
    40    §  12.  Subdivision  2  of  section  87  of the public officers law is
    41  amended by adding a new paragraph (r) to read as follows:
    42    (r) are photographs, microphotographs,  videotape  or  other  recorded
    43  images  prepared  under  authority of section eleven hundred eleven-f of
    44  the vehicle and traffic law.
    45    § 13. The purchase or lease of equipment for a  demonstration  program
    46  established  pursuant  to  section 1111-f of the vehicle and traffic law
    47  shall be subject to the provisions of section 103 of the general munici-
    48  pal law.
    49    § 14. This act shall take effect immediately; provided,  however  that
    50  sections  eleven,  twelve  and thirteen of this act shall take effect on
    51  the thirtieth day after such sections shall have become a law and  shall
    52  expire  on  December 1, 2026, when upon such date the provisions of such
    53  sections shall be deemed repealed;  provided,  further,  that  any  such
    54  local law as may be enacted pursuant to section eleven of this act shall
    55  remain  in  full force and effect only until December 1, 2026; provided,
    56  further, that effective  immediately,  the  addition,  amendment  and/or
        S. 415--A                          24
 
     1  repeal  of  any  rule  or regulation necessary for the implementation of
     2  this act on its effective date are authorized to be made  and  completed
     3  on or before such effective date; and provided further, that:
     4    (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
     5  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
     6  section  eight  of  this  act  shall  not  affect the expiration of such
     7  section and shall be deemed to expire therewith, when upon such date the
     8  provisions of section eight-a of this act shall take effect;
     9    (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    10  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    11  section eight-a of this act shall not  affect  the  expiration  of  such
    12  section and shall be deemed to expire therewith, when upon such date the
    13  provisions of section eight-b of this act shall take effect;
    14    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    15  traffic  law  made  by  section eight-b of this act shall not affect the
    16  expiration of such section and shall be deemed to expire therewith, when
    17  upon such date the provisions of section eight-c of this act shall  take
    18  effect;
    19    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    20  traffic  law  made  by  section eight-c of this act shall not affect the
    21  expiration of such section and shall be deemed to expire therewith, when
    22  upon such date the provisions of section eight-d of this act shall  take
    23  effect;
    24    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
    25  traffic  law  made  by  section eight-d of this act shall not affect the
    26  expiration of such section and shall be deemed to expire therewith, when
    27  upon such date the provisions of section eight-e of this act shall  take
    28  effect;
    29    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
    30  traffic  law  made  by  section eight-e of this act shall not affect the
    31  expiration of such section and shall be deemed to expire therewith, when
    32  upon such date the provisions of section eight-f of this act shall  take
    33  effect;
    34    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    35  traffic  law  made  by  section eight-f of this act shall not affect the
    36  expiration of such section and shall be deemed to expire therewith, when
    37  upon such date the provisions of section eight-g of this act shall  take
    38  effect; and
    39    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    40  traffic  law  made  by  section eight-g of this act shall not affect the
    41  expiration of such section and shall be deemed to expire therewith, when
    42  upon such date the provisions of section eight-h of this act shall  take
    43  effect.