Amd SS235, 236, 237, 239, 240, 241, 401 & 1809, add S1180-b, V & T L; amd S87, Pub Off L
Authorizes the city of New York to establish a demonstration program imposing liability on owners of motor vehicles found to be in violation of the maximum speed limit or the maximum school speed limit of the city through the use of a speed limit photo device which combines speed sensing technology which determines the speed of a vehicle and captures/records that date by photographic, micro-graphic, video tape or other recording system and produces an image of a motor vehicle at the moment that it exceeds the speed limit; provides for the expiration of this demonstration program five years after the effective date.
STATE OF NEW YORK
________________________________________________________________________
4393--B
2009-2010 Regular Sessions
IN SENATE
April 22, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- recom-
mitted to the Committee on Transportation in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing in each city with a population of one
million or more a demonstration program to enforce maximum speed
limits by means of speed limit photo devices; and providing for the
repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as separately amended by sections 1 of chapters 20, 21, 22 and 383
3 of the laws of 2009, is amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with section eleven hundred eleven-b of this chap-
14 ter as added by section sixteen of [the chapter] chapters twenty, twen-
15 ty-one, twenty-two and three hundred eighty-three of the laws of two
16 thousand nine [which amended this subdivision], or to adjudicate the
17 liability of owners for violations of toll collection regulations as
18 defined in and in accordance with the provisions of section two thousand
19 nine hundred eighty-five of the public authorities law and sections
20 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04540-07-0
S. 4393--B 2
1 of the laws of nineteen hundred fifty, or to adjudicate liability of
2 owners for violations of subdivisions (c) and (d) of section eleven
3 hundred eighty of this chapter in accordance with section eleven hundred
4 eighty-b of this chapter, such tribunal and the rules and regulations
5 pertaining thereto shall be constituted in substantial conformance with
6 the following sections.
7 § 1-a. Section 235 of the vehicle and traffic law, as separately
8 amended by sections 2 of chapters 20, 21, 22 and 383 of the laws of
9 2009, is amended to read as follows:
10 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
11 general, special or local law or administrative code to the contrary, in
12 any city which heretofore or hereafter is authorized to establish an
13 administrative tribunal to hear and determine complaints of traffic
14 infractions constituting parking, standing or stopping violations, or to
15 adjudicate the liability of owners for violations of subdivision (d) of
16 section eleven hundred eleven of this chapter in accordance with section
17 eleven hundred eleven-a of this chapter, or to adjudicate the liability
18 of owners for violations of subdivision (d) of section eleven hundred
19 eleven of this chapter in accordance with section eleven hundred
20 eleven-b of this chapter as added by [section] sections sixteen of [the
21 chapter] chapters twenty, twenty-one, twenty-two and three hundred
22 eighty-three of the laws of two thousand nine [which amended this
23 section], or to adjudicate the liability of owners for violations of
24 toll collection regulations as defined in and in accordance with the
25 provisions of section two thousand nine hundred eighty-five of the
26 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
27 of chapter seven hundred seventy-four of the laws of nineteen hundred
28 fifty, or to adjudicate liability of owners for violations of subdivi-
29 sions (c) and (d) of section eleven hundred eighty of this chapter in
30 accordance with section eleven hundred eighty-b of this chapter, such
31 tribunal and the rules and regulations pertaining thereto shall be
32 constituted in substantial conformance with the following sections.
33 § 1-b. Section 235 of the vehicle and traffic law, as separately
34 amended by sections 3 of chapters 20, 21, 22 and 383 of the laws of
35 2009, is amended to read as follows:
36 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
37 general, special or local law or administrative code to the contrary, in
38 any city which heretofore or hereafter is authorized to establish an
39 administrative tribunal to hear and determine complaints of traffic
40 infractions constituting parking, standing or stopping violations, or to
41 adjudicate the liability of owners for violations of subdivision (d) of
42 section eleven hundred eleven of this chapter in accordance with section
43 eleven hundred eleven-b of this chapter as added by [section] sections
44 sixteen of [the chapter] chapters twenty, twenty-one, twenty-two and
45 three hundred eighty-three of the laws of two thousand nine [which
46 amended this section], or to adjudicate the liability of owners for
47 violations of toll collection regulations as defined in and in accord-
48 ance with the provisions of section two thousand nine hundred eighty-
49 five of the public authorities law and sections sixteen-a, sixteen-b and
50 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
51 hundred fifty, or to adjudicate liability of owners for violations of
52 subdivisions (c) and (d) of section eleven hundred eighty of this chap-
53 ter in accordance with section eleven hundred eighty-b of this chapter,
54 such tribunal and the rules and regulations pertaining thereto shall be
55 constituted in substantial conformance with the following sections.
S. 4393--B 3
1 § 1-c. Section 235 of the vehicle and traffic law, as separately
2 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
3 of 1992, is amended to read as follows:
4 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
5 general, special or local law or administrative code to the contrary, in
6 any city which heretofore or hereafter is authorized to establish an
7 administrative tribunal to hear and determine complaints of traffic
8 infractions constituting parking, standing or stopping violations, or to
9 adjudicate the liability of owners for violations of toll collection
10 regulations as defined in and in accordance with the provisions of
11 section two thousand nine hundred eighty-five of the public authorities
12 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
13 hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
14 dicate liability of owners for violations of subdivisions (c) and (d) of
15 section eleven hundred eighty of this chapter in accordance with section
16 eleven hundred eighty-b of this chapter, such tribunal and the rules and
17 regulations pertaining thereto shall be constituted in substantial
18 conformance with the following sections.
19 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
20 separately amended by sections 4 of chapters 20, 21, 22 and 383 of the
21 laws of 2009, is amended to read as follows:
22 1. Creation. In any city as hereinbefore or hereafter authorized such
23 tribunal when created shall be known as the parking violations bureau
24 and shall have jurisdiction of traffic infractions which constitute a
25 parking violation and, where authorized by local law adopted pursuant to
26 subdivision (a) of section eleven hundred eleven-a of this chapter or
27 subdivision (a) of section eleven hundred eleven-b of this chapter as
28 added by [section] sections sixteen of [the chapter] chapters twenty,
29 twenty-one, twenty-two and three hundred eighty-three of the laws of two
30 thousand nine [which amended this subdivision], shall adjudicate the
31 liability of owners for violations of subdivision (d) of section eleven
32 hundred eleven of this chapter in accordance with such section eleven
33 hundred eleven-a or such section eleven hundred eleven-b as added by
34 [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
35 twenty-two and three hundred eighty-three of the laws of two thousand
36 nine [which amended this subdivision] and shall adjudicate the liability
37 of owners for violations of toll collection regulations as defined in
38 and in accordance with the provisions of section two thousand nine
39 hundred eighty-five of the public authorities law and sections
40 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
41 of the laws of nineteen hundred fifty, and shall adjudicate liability of
42 owners for violations of subdivisions (c) and (d) of section eleven
43 hundred eighty of this chapter in accordance with section eleven hundred
44 eighty-b of this chapter. Such tribunal, except in a city with a popu-
45 lation of one million or more, shall also have jurisdiction of abandoned
46 vehicle violations. For the purposes of this article, a parking
47 violation is the violation of any law, rule or regulation providing for
48 or regulating the parking, stopping or standing of a vehicle. In addi-
49 tion for purposes of this article, "commissioner" shall mean and include
50 the commissioner of traffic of the city or an official possessing
51 authority as such a commissioner.
52 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
53 separately amended by sections 5 of chapters 20, 21, 22 and 383 of the
54 laws of 2009, is amended to read as follows:
55 1. Creation. In any city as hereinbefore or hereafter authorized such
56 tribunal when created shall be known as the parking violations bureau
S. 4393--B 4
1 and shall have jurisdiction of traffic infractions which constitute a
2 parking violation and, where authorized by local law adopted pursuant to
3 subdivision (a) of section eleven hundred eleven-b of this chapter as
4 added by [section] sections sixteen of [the chapter] chapters twenty,
5 twenty-one, twenty-two and three hundred eighty-three of the laws of two
6 thousand nine [which amended this subdivision], shall adjudicate the
7 liability of owners for violations of subdivision (d) of section eleven
8 hundred eleven of this chapter in accordance with such section eleven
9 hundred eleven-b as added by [section] sections sixteen of [the chapter]
10 chapters twenty, twenty-one, twenty-two and three hundred eighty-three
11 of the laws of two thousand nine which amended this subdivision, and
12 shall adjudicate liability of owners for violations of subdivisions (c)
13 and (d) of section eleven hundred eighty of this chapter in accordance
14 with section eleven hundred eighty-b of this chapter. For the purposes
15 of this article, a parking violation is the violation of any law, rule
16 or regulation providing for or regulating the parking, stopping or
17 standing of a vehicle. In addition for purposes of this article,
18 "commissioner" shall mean and include the commissioner of traffic of the
19 city or an official possessing authority as such a commissioner.
20 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
21 added by chapter 715 of the laws of 1972, is amended to read as follows:
22 1. Creation. In any city as hereinbefore or hereafter authorized such
23 tribunal when created shall be known as the parking violations bureau
24 and shall have jurisdiction of traffic infractions which constitute a
25 parking violation, and shall adjudicate liability of owners for
26 violations of subdivisions (c) and (d) of section eleven hundred eighty
27 of this chapter in accordance with section eleven hundred eighty-b of
28 this chapter. For the purposes of this article, a parking violation is
29 the violation of any law, rule or regulation providing for or regulating
30 the parking, stopping or standing of a vehicle. In addition for purposes
31 of this article, "commissioner" shall mean and include the commissioner
32 of traffic of the city or an official possessing authority as such a
33 commissioner.
34 § 3. Subdivision 11 of section 237 of the vehicle and traffic law, as
35 added by chapter 379 of the laws of 1992, is amended to read as follows:
36 11. To adjudicate the liability of owners for violations of toll
37 collection regulations as defined in and in accordance with the
38 provisions of section two thousand nine hundred eighty-five of the
39 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
40 of chapter seven hundred seventy-four of the laws of nineteen hundred
41 fifty[.];
42 § 4. Section 237 of the vehicle and traffic law is amended by adding a
43 new subdivision 12 to read as follows:
44 12. To adjudicate the liability of owners for violations of subdivi-
45 sions (c) and (d) of section eleven hundred eighty of this chapter in
46 accordance with section eleven hundred eighty-b of this chapter.
47 § 5. Paragraph f of subdivision 1 of section 239 of the vehicle and
48 traffic law, as separately amended by sections 8 of chapters 20, 21, 22
49 and 383 of the laws of 2009, is amended to read as follows:
50 f. "Notice of violation" means a notice of violation as defined in
51 subdivision nine of section two hundred thirty-seven of this article,
52 but shall not be deemed to include a notice of liability issued pursuant
53 to authorization set forth in section eleven hundred eleven-a of this
54 chapter or section eleven hundred eleven-b of this chapter as added by
55 [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
56 twenty-two and three hundred eighty-three of the laws of two thousand
S. 4393--B 5
1 nine [which amended this paragraph], and shall not be deemed to include
2 a notice of liability issued pursuant to section two thousand nine
3 hundred eighty-five of the public authorities law and sections
4 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
5 of the laws of nineteen hundred fifty and shall not be deemed to include
6 a notice of liability pursuant to section eleven hundred eighty-b of
7 this chapter.
8 § 5-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
9 traffic law, as separately amended by sections 9 of chapters 20, 21, 22
10 and 383 of the laws of 2009, is amended to read as follows:
11 f. "Notice of violation" means a notice of violation as defined in
12 subdivision nine of section two hundred thirty-seven of this article but
13 shall not be deemed to include a notice of liability issued pursuant to
14 authorization set forth in section eleven hundred eleven-b of this chap-
15 ter as added by [section] sections sixteen of [the chapter] chapters
16 twenty, twenty-one, twenty-two and three hundred eighty-three of the
17 laws of two thousand nine [which amended this paragraph] and shall not
18 be deemed to include a notice of liability pursuant to section eleven
19 hundred eighty-b of this chapter.
20 § 5-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
21 traffic law, as added by chapter 180 of the laws of 1980, is amended to
22 read as follows:
23 f. "Notice of violation" means a notice of violation as defined in
24 subdivision nine of section two hundred thirty-seven of this article and
25 shall not be deemed to include a notice of liability pursuant to section
26 eleven hundred eighty-b of this chapter.
27 § 6. Subdivision 4 of section 239 of the vehicle and traffic law, as
28 amended by chapter 379 of the laws of 1992, is amended to read as
29 follows:
30 4. Applicability. The provisions of paragraph b of subdivision two and
31 subdivision three of this section shall not be applicable to determi-
32 nations of owner liability for the failure of an operator to comply with
33 subdivision (d) of section eleven hundred eleven of this chapter and
34 shall not be applicable to determinations of owner liability imposed
35 pursuant to section two thousand nine hundred eighty-five of the public
36 authorities law and sections sixteen-a, sixteen-b and sixteen-c of chap-
37 ter seven hundred seventy-four of the laws of nineteen hundred fifty and
38 shall not be applicable to determinations of owner liability for
39 violations of subdivisions (c) and (d) of section eleven hundred eighty
40 of this chapter.
41 § 6-a. Section 239 of the vehicle and traffic law is amended by adding
42 a new subdivision 4 to read as follows:
43 4. Applicability. The provisions of paragraph b of subdivision two and
44 subdivision three of this section shall not be applicable to determi-
45 nations of owner liability for violations of subdivisions (c) and (d) of
46 section eleven hundred eighty of this chapter.
47 § 7. Subdivision 1 of section 240 of the vehicle and traffic law, as
48 separately amended by sections 10 of chapters 20, 21, 22 and 383 of the
49 laws of 2009, is amended to read as follows:
50 1. Notice of hearing. Whenever a person charged with a parking
51 violation enters a plea of not guilty or a person alleged to be liable
52 in accordance with section eleven hundred eleven-a of this chapter or
53 section eleven hundred eleven-b of this chapter as added by [section]
54 sections sixteen of [the chapter] chapters twenty, twenty-one, twenty-
55 two and three hundred eighty-three of the laws of two thousand nine
56 [which amended this paragraph subdivision], for a violation of subdivi-
S. 4393--B 6
1 sion (d) of section eleven hundred eleven of this chapter contests such
2 allegation, or a person alleged to be liable in accordance with the
3 provisions of section two thousand nine hundred eighty-five of the
4 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
5 chapter seven hundred seventy-four of the laws of nineteen hundred
6 fifty, or a person alleged to be liable in accordance with the
7 provisions of section eleven hundred eighty-b of this chapter for a
8 violation of subdivision (c) or (d) of section eleven hundred eighty of
9 this chapter contests such allegation, the bureau shall advise such
10 person personally by such form of first class mail as the director may
11 direct of the date on which he or she must appear to answer the charge
12 at a hearing. The form and content of such notice of hearing shall be
13 prescribed by the director, and shall contain a warning to advise the
14 person so pleading or contesting that failure to appear on the date
15 designated, or on any subsequent adjourned date, shall be deemed an
16 admission of liability, and that a default judgment may be entered ther-
17 eon.
18 § 7-a. Subdivision 1 of section 240 of the vehicle and traffic law, as
19 separately amended by sections 11 of chapters 20, 21, 22 and 383 of the
20 laws of 2009, is amended to read as follows:
21 1. Notice of hearing. Whenever a person charged with a parking
22 violation enters a plea of not guilty or a person alleged to be liable
23 in accordance with section eleven hundred eleven-b of this chapter as
24 added by [section] sections sixteen of [the chapter] chapters twenty,
25 twenty-one, twenty-two and three hundred eighty-three of the laws of two
26 thousand nine [which amended this subdivision] for a violation of subdi-
27 vision (d) of section eleven hundred eleven of this chapter contests
28 such allegation, or a person alleged to be liable in accordance with the
29 provisions of section eleven hundred eighty-b of this chapter for a
30 violation of subdivision (c) or (d) of section eleven hundred eighty of
31 this chapter contests such allegation, the bureau shall advise such
32 person personally by such form of first class mail as the director may
33 direct of the date on which he or she must appear to answer the charge
34 at a hearing. The form and content of such notice of hearing shall be
35 prescribed by the director, and shall contain a warning to advise the
36 person so pleading or contesting that failure to appear on the date
37 designated, or on any subsequent adjourned date, shall be deemed an
38 admission of liability, and that a default judgment may be entered ther-
39 eon.
40 § 7-b. Subdivision 1 of section 240 of the vehicle and traffic law, as
41 added by chapter 715 of the laws of 1972, is amended to read as follows:
42 1. Notice of hearing. Whenever a person charged with a parking
43 violation enters a plea of not guilty, or a person alleged to be liable
44 in accordance with the provisions of section eleven hundred eighty-b of
45 this chapter for a violation of subdivision (c) or (d) of section eleven
46 hundred eighty of this chapter contests such allegation, the bureau
47 shall advise such person personally by such form of first class mail as
48 the director may direct of the date on which he must appear to answer
49 the charge at a hearing. The form and content of such notice of hearing
50 shall be prescribed by the director, and shall contain a warning to
51 advise the person so pleading that failure to appear on the date desig-
52 nated, or on any subsequent adjourned date, shall be deemed an admission
53 of liability, and that a default judgment may be entered thereon.
54 § 8. Subdivision 1-a of section 240 of the vehicle and traffic law, as
55 separately amended by sections 10 of chapters 20, 21, 22 and 383 of the
56 laws of 2009, is amended to read as follows:
S. 4393--B 7
1 1-a. Fines and penalties. Whenever a plea of not guilty has been
2 entered, or the bureau has been notified that an allegation of liability
3 in accordance with section eleven hundred eleven-a of this chapter or
4 section eleven hundred eleven-b of this chapter as added by [section]
5 sections sixteen of [the chapter] chapters twenty, twenty-one, twenty-
6 two and three hundred eighty-three of the laws of two thousand nine
7 [which amended this subdivision] or an allegation of liability in
8 accordance with section two thousand nine hundred eighty-five of the
9 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
10 chapter seven hundred seventy-four of the laws of nineteen hundred fifty
11 or an allegation of liability in accordance with section eleven hundred
12 eighty-b of this chapter, is being contested, by a person in a timely
13 fashion and a hearing upon the merits has been demanded, but has not yet
14 been held, the bureau shall not issue any notice of fine or penalty to
15 that person prior to the date of the hearing.
16 § 8-a. Subdivision 1-a of section 240 of the vehicle and traffic law,
17 as separately amended by sections 11 of chapters 20, 21, 22 and 383 of
18 the laws of 2009, is amended to read as follows:
19 1-a. Fines and penalties. Whenever a plea of not guilty has been
20 entered, or the bureau has been notified that an allegation of liability
21 in accordance with section eleven hundred eleven-b of this chapter, as
22 added by [section] sections sixteen of [the chapter] chapters twenty,
23 twenty-one, twenty-two and three hundred eighty-three of the laws of two
24 thousand nine which amended this subdivision, is being contested, or an
25 allegation of liability in accordance with section eleven hundred eight-
26 y-b of this chapter, by a person in a timely fashion and a hearing upon
27 the merits has been demanded, but has not yet been held, the bureau
28 shall not issue any notice of fine or penalty to that person prior to
29 the date of the hearing.
30 § 8-b. Subdivision 1-a of section 240 of the vehicle and traffic law,
31 as added by chapter 365 of the laws of 1978, is amended to read as
32 follows:
33 1-a. Fines and penalties. Whenever a plea of not guilty has been
34 entered, or the bureau has been notified that an allegation of liability
35 in accordance with section eleven hundred eighty-b of this chapter, is
36 being contested, by a person in a timely fashion and a hearing upon the
37 merits has been demanded, but has not yet been held, the bureau shall
38 not issue any notice of fine or penalty to that person prior to the date
39 of the hearing.
40 § 9. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
41 and traffic law, as separately amended by sections 10 of chapters 20,
42 21, 22 and 383 of the laws of 2009, are amended to read as follows:
43 a. Every hearing for the adjudication of a charge of parking violation
44 or an allegation of liability in accordance with section eleven hundred
45 eleven-a of this chapter or in accordance with section eleven hundred
46 eleven-b of this chapter as added by [section] sections sixteen of [the
47 chapter] chapters twenty, twenty-one, twenty-two and three hundred
48 eighty-three of the laws of two thousand nine [which amended this para-
49 graph] or an allegation of liability in accordance with section two
50 thousand nine hundred eighty-five of the public authorities law or
51 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
52 seventy-four of the laws of nineteen hundred fifty or an allegation of
53 liability in accordance with section eleven hundred eighty-b of this
54 chapter shall be held before a hearing examiner in accordance with rules
55 and regulations promulgated by the bureau.
S. 4393--B 8
1 g. A record shall be made of a hearing on a plea of not guilty or of a
2 hearing at which liability in accordance with section eleven hundred
3 eleven-a of this chapter or in accordance with section eleven hundred
4 eleven-b of this chapter as added by [section] sections sixteen of [the
5 chapter] chapters twenty, twenty-one, twenty-two and three hundred
6 eighty-three of the laws of two thousand nine [which amended this para-
7 graph] is contested or of a hearing at which liability in accordance
8 with section two thousand nine hundred eighty-five of the public author-
9 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
10 seven hundred seventy-four of the laws of nineteen hundred fifty or a
11 hearing at which liability in accordance with section eleven hundred
12 eighty-b of this chapter is contested. Recording devices may be used for
13 the making of the record.
14 § 9-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
15 cle and traffic law, as separately amended by sections 11 of chapters
16 20, 21, 22 and 383 of the laws of 2009, are amended to read as follows:
17 a. Every hearing for the adjudication of a charge of parking violation
18 or an allegation of liability in accordance with section eleven hundred
19 eleven-b of this chapter, as added by [section] sections sixteen of [the
20 chapter] chapters twenty, twenty-one, twenty-two and three hundred
21 eighty-three of the laws of two thousand nine [which amended this para-
22 graph] or an allegation of liability in accordance with section eleven
23 hundred eighty-b of this chapter shall be held before a hearing examiner
24 in accordance with rules and regulations promulgated by the bureau.
25 g. A record shall be made of a hearing on a plea of not guilty or of a
26 hearing at which liability in accordance with section eleven hundred
27 eleven-b of this chapter, as added by [section] sections sixteen of [the
28 chapter] chapters twenty, twenty-one, twenty-two and three hundred
29 eighty-three of the laws of two thousand nine [which amended this para-
30 graph] or a hearing at which liability in accordance with section eleven
31 hundred eighty-b of this chapter is contested. Recording devices may be
32 used for the making of the record.
33 § 9-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
34 cle and traffic law, as added by chapter 715 of the laws of 1972, are
35 amended to read as follows:
36 a. Every hearing for the adjudication of a charge of parking violation
37 or an allegation of liability in accordance with section eleven hundred
38 eighty-b of this chapter shall be held before a hearing examiner in
39 accordance with rules and regulations promulgated by the bureau.
40 g. A record shall be made of a hearing on a plea of not guilty or a
41 hearing at which liability in accordance with section eleven hundred
42 eighty-b of this chapter is contested. Recording devices may be used
43 for the making of the record.
44 § 10. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
45 law, as separately amended by sections 12 of chapters 20, 21, 22 and 383
46 of the laws of 2009, are amended to read as follows:
47 1. The hearing examiner shall make a determination on the charges,
48 either sustaining or dismissing them. Where the hearing examiner deter-
49 mines that the charges have been sustained he or she may examine either
50 the prior parking violations record or the record of liabilities
51 incurred in accordance with section eleven hundred eleven-a of this
52 chapter or in accordance with section eleven hundred eleven-b of this
53 chapter as added by [section] sections sixteen of [the chapter] chapters
54 twenty, twenty-one, twenty-two and three hundred eighty-three of the
55 laws of two thousand nine [which amended this subdivision] or the record
56 of liabilities incurred in accordance with section two thousand nine
S. 4393--B 9
1 hundred eighty-five of the public authorities law or sections sixteen-a,
2 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
3 laws of nineteen hundred fifty of the person charged or the record of
4 liabilities incurred in accordance with section eleven hundred eighty-b
5 of this chapter, as applicable prior to rendering a final determination.
6 Final determinations sustaining or dismissing charges shall be entered
7 on a final determination roll maintained by the bureau together with
8 records showing payment and nonpayment of penalties.
9 2. Where an operator or owner fails to enter a plea to a charge of a
10 parking violation or contest an allegation of liability in accordance
11 with section eleven hundred eleven-a of this chapter or in accordance
12 with section eleven hundred eleven-b of this chapter as added by
13 [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
14 twenty-two and three hundred eighty-three of the laws of two thousand
15 nine [which amended this subdivision] or fails to contest an allegation
16 of liability in accordance with section two thousand nine hundred eight-
17 y-five of the public authorities law or sections sixteen-a, sixteen-b
18 and sixteen-c of chapter seven hundred seventy-four of the laws of nine-
19 teen hundred fifty or fails to contest an allegation of liability in
20 accordance with section eleven hundred eighty-b of this chapter, or
21 fails to appear on a designated hearing date or subsequent adjourned
22 date or fails after a hearing to comply with the determination of a
23 hearing examiner, as prescribed by this article or by rule or regulation
24 of the bureau, such failure to plead or contest, appear or comply shall
25 be deemed, for all purposes, an admission of liability and shall be
26 grounds for rendering and entering a default judgment in an amount
27 provided by the rules and regulations of the bureau. However, after the
28 expiration of the original date prescribed for entering a plea and
29 before a default judgment may be rendered, in such case the bureau shall
30 pursuant to the applicable provisions of law notify such operator or
31 owner, by such form of first class mail as the commission may direct;
32 (1) of the violation charged, or liability in accordance with section
33 eleven hundred eleven-a of this chapter or in accordance with section
34 eleven hundred eleven-b of this chapter as added by [section] sections
35 sixteen of [the chapter] chapters twenty, twenty-one, twenty-two and
36 three hundred eighty-three of the laws of two thousand nine [which
37 amended this subdivision] alleged or liability in accordance with
38 section two thousand nine hundred eighty-five of the public authorities
39 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
40 hundred seventy-four of the laws of nineteen hundred fifty alleged or
41 liability in accordance with section eleven hundred eighty-b of this
42 chapter alleged, (2) of the impending default judgment, (3) that such
43 judgment will be entered in the Civil Court of the city in which the
44 bureau has been established, or other court of civil jurisdiction or any
45 other place provided for the entry of civil judgments within the state
46 of New York, and (4) that a default may be avoided by entering a plea or
47 contesting an allegation of liability in accordance with section eleven
48 hundred eleven-a of this chapter or in accordance with section eleven
49 hundred eleven-b of this chapter as added by [section] sections sixteen
50 of [the chapter] chapters twenty, twenty-one, twenty-two and three
51 hundred eighty-three of the laws of two thousand nine [which amended
52 this subdivision] or contesting an allegation of liability in accordance
53 with section two thousand nine hundred eighty-five of the public author-
54 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
55 seven hundred seventy-four of the laws of nineteen hundred fifty or
56 contesting an allegation of liability in accordance with section eleven
S. 4393--B 10
1 hundred eighty-b of this chapter, as appropriate, or making an appear-
2 ance within thirty days of the sending of such notice. Pleas entered and
3 allegations contested within that period shall be in the manner
4 prescribed in the notice and not subject to additional penalty or fee.
5 Such notice of impending default judgment shall not be required prior to
6 the rendering and entry thereof in the case of operators or owners who
7 are non-residents of the state of New York. In no case shall a default
8 judgment be rendered or, where required, a notice of impending default
9 judgment be sent, more than two years after the expiration of the time
10 prescribed for entering a plea or contesting an allegation. When a
11 person has demanded a hearing, no fine or penalty shall be imposed for
12 any reason, prior to the holding of the hearing. If the hearing examiner
13 shall make a determination on the charges, sustaining them, he or she
14 shall impose no greater penalty or fine than those upon which the person
15 was originally charged.
16 § 10-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
17 law, as separately amended by sections 13 of chapters 20, 21, 22 and 383
18 of the laws of 2009, are amended to read as follows:
19 1. The hearing examiner shall make a determination on the charges,
20 either sustaining or dismissing them. Where the hearing examiner deter-
21 mines that the charges have been sustained he or she may examine either
22 the prior parking violations record or the record of liabilities
23 incurred in accordance with section eleven hundred eleven-b of this
24 chapter as added by [section] sections sixteen of [the chapter] chapters
25 twenty, twenty-one, twenty-two and three hundred eighty-three of the
26 laws of two thousand nine [which amended this subdivision] of the person
27 charged, or the record of liabilities incurred in accordance with
28 section eleven hundred eighty-b of this chapter, as applicable prior to
29 rendering a final determination. Final determinations sustaining or
30 dismissing charges shall be entered on a final determination roll main-
31 tained by the bureau together with records showing payment and nonpay-
32 ment of penalties.
33 2. Where an operator or owner fails to enter a plea to a charge of a
34 parking violation or contest an allegation of liability in accordance
35 with section eleven hundred eleven-b of this chapter as added by
36 [section] sections sixteen of [the chapter] chapters twenty, twenty-one,
37 twenty-two and three hundred eighty-three of the laws of two thousand
38 nine [which amended this subdivision], or fails to contest an allegation
39 of liability in accordance with section eleven hundred eighty-b of this
40 chapter, or fails to appear on a designated hearing date or subsequent
41 adjourned date or fails after a hearing to comply with the determination
42 of a hearing examiner, as prescribed by this article or by rule or regu-
43 lation of the bureau, such failure to plead, contest, appear or comply
44 shall be deemed, for all purposes, an admission of liability and shall
45 be grounds for rendering and entering a default judgment in an amount
46 provided by the rules and regulations of the bureau. However, after the
47 expiration of the original date prescribed for entering a plea and
48 before a default judgment may be rendered, in such case the bureau shall
49 pursuant to the applicable provisions of law notify such operator or
50 owner, by such form of first class mail as the commission may direct;
51 (1) of the violation charged, or liability in accordance with section
52 eleven hundred eleven-b of this chapter, as added by [section] sections
53 sixteen of [the chapter] chapters twenty, twenty-one, twenty-two and
54 three hundred eighty-three of the laws of two thousand nine [which
55 amended this subdivision], alleged, or liability in accordance with
56 section eleven hundred eighty-b of this chapter alleged, (2) of the
S. 4393--B 11
1 impending default judgment, (3) that such judgment will be entered in
2 the Civil Court of the city in which the bureau has been established, or
3 other court of civil jurisdiction or any other place provided for the
4 entry of civil judgments within the state of New York, and (4) that a
5 default may be avoided by entering a plea or contesting an allegation of
6 liability in accordance with section eleven hundred eleven-b of this
7 chapter as added by [section] sections sixteen of [the chapter] chapters
8 twenty, twenty-one, twenty-two and three hundred eighty-three of the
9 laws of two thousand nine [which amended this subdivision] or contesting
10 an allegation of liability in accordance with section eleven hundred
11 eighty-b of this chapter, as appropriate, or making an appearance within
12 thirty days of the sending of such notice. Pleas entered and allegations
13 contested within that period shall be in the manner prescribed in the
14 notice and not subject to additional penalty or fee. Such notice of
15 impending default judgment shall not be required prior to the rendering
16 and entry thereof in the case of operators or owners who are non-resi-
17 dents of the state of New York. In no case shall a default judgment be
18 rendered or, where required, a notice of impending default judgment be
19 sent, more than two years after the expiration of the time prescribed
20 for entering a plea or contesting an allegation. When a person has
21 demanded a hearing, no fine or penalty shall be imposed for any reason,
22 prior to the holding of the hearing. If the hearing examiner shall make
23 a determination on the charges, sustaining them, he or she shall impose
24 no greater penalty or fine than those upon which the person was
25 originally charged.
26 § 10-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
27 law, subdivision 1 as added by chapter 715 of the laws of 1972 and
28 subdivision 2 as amended by chapter 365 of the laws of 1978, are amended
29 to read as follows:
30 1. The hearing examiner shall make a determination on the charges,
31 either sustaining or dismissing them. Where the hearing examiner deter-
32 mines that the charges have been sustained he or she may examine either
33 the prior parking violations record of the person charged, or the record
34 of liabilities incurred in accordance with section eleven hundred eight-
35 y-b of this chapter, as applicable, prior to rendering a final determi-
36 nation. Final determinations sustaining or dismissing charges shall be
37 entered on a final determination roll maintained by the bureau together
38 with records showing payment and nonpayment of penalties.
39 2. Where an operator or owner fails to enter a plea to a charge of a
40 parking violation or fails to contest an allegation of liability in
41 accordance with section eleven hundred eighty-b of this chapter, or
42 fails to appear on a designated hearing date or subsequent adjourned
43 date or fails after a hearing to comply with the determination of a
44 hearing examiner, as prescribed by this article or by rule or regulation
45 of the bureau, such failure to plead, appear or comply shall be deemed,
46 for all purposes, an admission of liability and shall be grounds for
47 rendering and entering a default judgment in an amount provided by the
48 rules and regulations of the bureau. However, after the expiration of
49 the original date prescribed for entering a plea and before a default
50 judgment may be rendered, in such case the bureau shall pursuant to the
51 applicable provisions of law notify such operator or owner, by such form
52 of first class mail as the commission may direct; (1) of the violation
53 charged or liability in accordance with section eleven hundred eighty-b
54 of this chapter alleged, (2) of the impending default judgment, (3) that
55 such judgment will be entered in the Civil Court of the city in which
56 the bureau has been established, or other court of civil jurisdiction or
S. 4393--B 12
1 any other place provided for the entry of civil judgments within the
2 state of New York, and (4) that a default may be avoided by entering a
3 plea, or contesting an allegation of liability in accordance with
4 section eleven hundred eighty-b of this chapter, or making an appearance
5 within thirty days of the sending of such notice. Pleas entered within
6 that period shall be in the manner prescribed in the notice and not
7 subject to additional penalty or fee. Such notice of impending default
8 judgment shall not be required prior to the rendering and entry thereof
9 in the case of operators or owners who are non-residents of the state of
10 New York. In no case shall a default judgment be rendered or, where
11 required, a notice of impending default judgment be sent, more than two
12 years after the expiration of the time prescribed for entering a plea.
13 When a person has demanded a hearing, no fine or penalty shall be
14 imposed for any reason, prior to the holding of the hearing. If the
15 hearing examiner shall make a determination on the charges, sustaining
16 them, he or she shall impose no greater penalty or fine than those upon
17 which the person was originally charged.
18 § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
19 401 of the vehicle and traffic law, as separately amended by sections 1
20 of chapters 19 and 23 and sections 14 of chapters 20, 21, 22 and 383 of
21 the laws of 2009, is amended to read as follows:
22 (i) If at the time of application for a registration or renewal there-
23 of there is a certification from a court, parking violations bureau,
24 traffic and parking violations agency or administrative tribunal of
25 appropriate jurisdiction or administrative tribunal of appropriate
26 jurisdiction that the registrant or his or her representative failed to
27 appear on the return date or any subsequent adjourned date or failed to
28 comply with the rules and regulations of an administrative tribunal
29 following entry of a final decision in response to a total of three or
30 more summonses or other process in the aggregate, issued within an eigh-
31 teen month period, charging either that (i) such motor vehicle was
32 parked, stopped or standing, or that such motor vehicle was operated for
33 hire by the registrant or his or her agent without being licensed as a
34 motor vehicle for hire by the appropriate local authority, in violation
35 of any of the provisions of this chapter or of any law, ordinance, rule
36 or regulation made by a local authority or (ii) the registrant was
37 liable in accordance with section eleven hundred eleven-a of this chap-
38 ter or section eleven hundred eleven-b of this chapter for a violation
39 of subdivision (d) of section eleven hundred eleven of this chapter or
40 (iii) the registrant was liable in accordance with section eleven
41 hundred eighty-b of this chapter for a violation of subdivision (c) or
42 (d) of section eleven hundred eighty of this chapter, the commissioner
43 or his or her agent shall deny the registration or renewal application
44 until the applicant provides proof from the court, traffic and parking
45 violations agency or administrative tribunal wherein the charges are
46 pending that an appearance or answer has been made or in the case of an
47 administrative tribunal that he or she has complied with the rules and
48 regulations of said tribunal following entry of a final decision. Where
49 an application is denied pursuant to this section, the commissioner may,
50 in his or her discretion, deny a registration or renewal application to
51 any other person for the same vehicle and may deny a registration or
52 renewal application for any other motor vehicle registered in the name
53 of the applicant where the commissioner has determined that such regis-
54 trant's intent has been to evade the purposes of this subdivision and
55 where the commissioner has reasonable grounds to believe that such
56 registration or renewal will have the effect of defeating the purposes
S. 4393--B 13
1 of this subdivision. Such denial shall only remain in effect as long as
2 the summonses remain unanswered, or in the case of an administrative
3 tribunal, the registrant fails to comply with the rules and regulations
4 following entry of a final decision.
5 § 11-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
6 and traffic law, as separately amended by sections 2 of chapters 19 and
7 23 and sections 15 of chapters 20, 21, 22 and 383 of the laws of 2009,
8 is amended to read as follows:
9 a. If at the time of application for a registration or renewal thereof
10 there is a certification from a court or administrative tribunal of
11 appropriate jurisdiction that the registrant or his or her represen-
12 tative failed to appear on the return date or any subsequent adjourned
13 date or failed to comply with the rules and regulations of an adminis-
14 trative tribunal following entry of a final decision in response to a
15 total of three or more summonses or other process in the aggregate,
16 issued within an eighteen month period, charging either that (i) such
17 motor vehicle was parked, stopped or standing, or that such motor vehi-
18 cle was operated for hire by the registrant or his or her agent without
19 being licensed as a motor vehicle for hire by the appropriate local
20 authority, in violation of any of the provisions of this chapter or of
21 any law, ordinance, rule or regulation made by a local authority or (ii)
22 the registrant was liable in accordance with section eleven hundred
23 eleven-b of this chapter for a violation of subdivision (d) of section
24 eleven hundred eleven of this chapter or (iii) the registrant was liable
25 in accordance with section eleven hundred eighty-b of this chapter for a
26 violation of subdivision (c) or (d) of section eleven hundred eighty of
27 this chapter, the commissioner or his or her agent shall deny the regis-
28 tration or renewal application until the applicant provides proof from
29 the court or administrative tribunal wherein the charges are pending
30 that an appearance or answer has been made or in the case of an adminis-
31 trative tribunal that he or she has complied with the rules and regu-
32 lations of said tribunal following entry of a final decision. Where an
33 application is denied pursuant to this section, the commissioner may, in
34 his or her discretion, deny a registration or renewal application to any
35 other person for the same vehicle and may deny a registration or renewal
36 application for any other motor vehicle registered in the name of the
37 applicant where the commissioner has determined that such registrant's
38 intent has been to evade the purposes of this subdivision and where the
39 commissioner has reasonable grounds to believe that such registration or
40 renewal will have the effect of defeating the purposes of this subdivi-
41 sion. Such denial shall only remain in effect as long as the summonses
42 remain unanswered, or in the case of an administrative tribunal, the
43 registrant fails to comply with the rules and regulations following
44 entry of a final decision.
45 § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
46 and traffic law, as separately amended by chapters 339 and 592 of the
47 laws of 1987, is amended to read as follows:
48 a. If at the time of application for a registration or renewal thereof
49 there is a certification from a court or administrative tribunal of
50 appropriate jurisdiction that the registrant or his representative
51 failed to appear on the return date or any subsequent adjourned date or
52 failed to comply with the rules and regulations of an administrative
53 tribunal following entry of a final decision in response to three or
54 more summonses or other process, issued within an eighteen month period,
55 charging that: (A) such motor vehicle was parked, stopped or standing,
56 or that such motor vehicle was operated for hire by the registrant or
S. 4393--B 14
1 his or her agent without being licensed as a motor vehicle for hire by
2 the appropriate local authority, in violation of any of the provisions
3 of this chapter or of any law, ordinance, rule or regulation made by a
4 local authority, or (B) the registrant was liable in accordance with
5 section eleven hundred eighty-b of this chapter for a violation of
6 subdivision (c) or (d) of section eleven hundred eighty of this chapter,
7 the commissioner or his or her agent shall deny the registration or
8 renewal application until the applicant provides proof from the court or
9 administrative tribunal wherein the charges are pending that an appear-
10 ance or answer has been made or in the case of an administrative tribu-
11 nal that he has complied with the rules and regulations of said tribunal
12 following entry of a final decision. Where an application is denied
13 pursuant to this section, the commissioner may, in his discretion, deny
14 a registration or renewal application to any other person for the same
15 vehicle and may deny a registration or renewal application for any other
16 motor vehicle registered in the name of the applicant where the commis-
17 sioner has determined that such registrant's intent has been to evade
18 the purposes of this subdivision and where the commissioner has reason-
19 able grounds to believe that such registration or renewal will have the
20 effect of defeating the purposes of this subdivision. Such denial shall
21 only remain in effect as long as the summonses remain unanswered, or in
22 the case of an administrative tribunal, the registrant fails to comply
23 with the rules and regulations following entry of a final decision.
24 § 12. The vehicle and traffic law is amended by adding a new section
25 1180-b to read as follows:
26 § 1180-b. Owner liability for failure of operator to comply with
27 applicable maximum speed limit. 1. Notwithstanding any other provision
28 of law, each city with a population of one million or more is hereby
29 authorized and empowered to establish a demonstration program imposing
30 monetary liability on the owner of a vehicle for failure of an operator
31 thereof to comply with the applicable maximum speed limit in such city
32 in accordance with the provisions of this section. Such city, for
33 purposes of the implementation of such program, shall operate speed
34 limit photo devices within such city at no more than forty and no fewer
35 than twenty locations at any one time during any year of such program.
36 Such speed limit photo devices may be stationary or mobile and shall be
37 activated at locations selected by such city.
38 2. In any city that has established a demonstration program pursuant
39 to subdivision one of this section, the owner of a vehicle shall be
40 liable for a penalty imposed pursuant to this section if such vehicle
41 was used or operated with the permission of the owner, express or
42 implied, in violation of subdivision (c) or (d) of section eleven
43 hundred eighty of this article, and such violation is evidenced by
44 information obtained from a speed limit photo device; provided however
45 that no owner of a vehicle shall be liable for a penalty imposed pursu-
46 ant to this section where the operator of such vehicle has been
47 convicted of the underlying violation of subdivision (c) or (d) of
48 section eleven hundred eighty of this article.
49 3. Such demonstration program shall utilize necessary technologies to
50 ensure, to the extent practicable, that photographs produced by such
51 speed limit photo devices shall not include images that identify the
52 driver, the passengers or the contents of the vehicle, provided, howev-
53 er, that no notice of liability issued pursuant to this section shall be
54 dismissed solely because a photograph or photographs allow for the iden-
55 tification of the driver, the passengers or other contents of a vehicle,
S. 4393--B 15
1 provided that such city has made a reasonable effort to comply with the
2 provisions of this subdivision.
3 4. Such demonstration program shall include a prohibition on the use
4 or dissemination of vehicles' license plate information and other infor-
5 mation and images captured by speed cameras except as required to estab-
6 lish liability under this section or collect payment of penalties;
7 except as required to respond to a request by law enforcement officials
8 pertaining to a specific accident or specific incident of alleged crimi-
9 nal conduct; or except as otherwise required by law.
10 5. For purposes of this section, "owner" shall have the meaning
11 provided in section two hundred thirty-nine of this chapter. For
12 purposes of this section, "speed limit photo device" shall mean equip-
13 ment that takes a film or digital camera-based photograph, microphoto-
14 graph, video, or other recorded image which is linked with a violation
15 detection system that synchronizes the taking of such image of a vehicle
16 at the time the vehicle is used or operated in violation of subdivision
17 (c) or (d) of section eleven hundred eighty of this article.
18 6. A certificate, sworn to or affirmed by a technician employed by the
19 city in which the charged violation occurred or its vendor or contrac-
20 tor, or a facsimile thereof, based upon inspection of photographs,
21 microphotographs, videotape or other recorded images produced by a speed
22 limit photo device, shall be prima facie evidence of the facts contained
23 therein. Any photographs, microphotographs, videotape or other recorded
24 images evidencing such a violation shall be available for inspection in
25 any proceeding to adjudicate the liability for such violation pursuant
26 to this section.
27 7. An owner liable for a violation of subdivision (c) or (d) of
28 section eleven hundred eighty of this article shall be liable for mone-
29 tary penalties in accordance with a schedule of fines and penalties
30 promulgated by the parking violations bureau of such city; provided,
31 however, that the monetary penalty for diving at a speed in excess of
32 the maximum speed limit by not more than ten miles per hour shall not
33 exceed fifty dollars, the monetary penalty for driving at a speed in
34 excess of the maximum speed limit by more than ten and less than thirty
35 miles per hour shall not exceed seventy-five dollars, and the monetary
36 penalty for driving in excess of the maximum speed limit by more than
37 thirty miles per hour shall not exceed one hundred fifty dollars;
38 provided, further, that an owner shall be liable for an additional
39 penalty not to exceed twenty-five dollars for each violation for the
40 failure to respond to a notice of liability within the prescribed time
41 period.
42 8. An imposition of liability pursuant to this section shall not be
43 deemed a conviction as an operator and shall not be made part of the
44 operating record of the person upon whom such liability is imposed nor
45 shall it be used for insurance purposes in the provision of motor vehi-
46 cle insurance coverage.
47 9. (a) A notice of liability shall be sent by first class mail in
48 accordance with this section to each person alleged to be liable as an
49 owner for a violation of subdivision (c) or (d) of section eleven
50 hundred eighty of this article. Personal delivery on the owner shall not
51 be required. A manual or automatic record of mailing prepared in the
52 ordinary course of business shall be prima facie evidence of the facts
53 contained therein.
54 (b) A notice of liability shall contain the name and address of the
55 person alleged to be liable as an owner for a violation of subdivision
56 (c) or (d) of section eleven hundred eighty of this article, the regis-
S. 4393--B 16
1 tration number of the vehicle involved in such violation, the location
2 where such violation took place, the date and time of such violation and
3 the identification number of the speed limit photo device which recorded
4 the violation or other document locator number.
5 (c) The notice of liability shall contain information advising the
6 person charged of the manner and the time in which he or she may contest
7 the liability alleged in the notice. Such notice of liability shall also
8 contain a warning to advise the persons charged that failure to contest
9 in the manner and time provided shall be deemed an admission of liabil-
10 ity and that a default judgement may be entered thereon.
11 (d) The notice of liability shall be prepared and mailed by the agency
12 or agencies designated by such city.
13 10. If an owner of a vehicle receives a notice of liability pursuant
14 to this section for any time period during which such vehicle was
15 reported to the police department as having been stolen, it shall be a
16 valid defense to an allegation of liability for a violation of subdivi-
17 sion (c) or (d) of section eleven hundred eighty of this article that
18 the vehicle had been reported to the police as stolen prior to the time
19 the violation occurred and had not been recovered by such time. For
20 purposes of asserting the defense provided by this subdivision it shall
21 be sufficient that an original incident form issued by the police on the
22 stolen vehicle be sent by first class mail to the parking violations
23 bureau of such city.
24 11. (a) An owner who is a lessor of a vehicle to which a notice of
25 liability was issued pursuant to subdivision seven of this section shall
26 not be liable for the violation of subdivision (c) or (d) of section
27 eleven hundred eighty of this article, provided that:
28 (i) prior to the violation, the lessor has filed with such parking
29 violations bureau in accordance with the provisions of section two
30 hundred thirty-nine of this chapter; and
31 (ii) within thirty-seven days after receiving notice from such bureau
32 of the date and time of a liability, together with the other information
33 contained in the original notice of liability, the lessor submits to
34 such bureau the correct name and address of the lessee of the vehicle
35 identified in the notice of liability at the time of such violation,
36 together with such other additional information contained in the rental,
37 lease or other contract document, as may be reasonably required by such
38 bureau pursuant to regulations that may be promulgated for such purpose.
39 (b) Failure to comply with subparagraph (ii) of paragraph (a) of this
40 subdivision shall render the owner liable for the penalty prescribed in
41 this section.
42 (c) Where the lessor complies with the provisions of paragraph (a) of
43 this subdivision, the lessee of such vehicle on the date of such
44 violation shall be deemed to be the owner of such vehicle for purposes
45 of this section, shall be subject to liability for such violation pursu-
46 ant to this section and shall be sent a notice of liability pursuant to
47 subdivision seven of this section.
48 12. If the owner liable for a violation of subdivision (c) or (d) of
49 section eleven hundred eighty of this article pursuant to this section
50 was not the operator of the vehicle at the time of the violation, the
51 owner may maintain an action for indemnification against the operator.
52 13. Nothing in this section shall be construed to limit the liability
53 of an operator of a vehicle for any violation of subdivision (c) or (d)
54 of section eleven hundred eighty of this article.
55 14. Any city that adopts a demonstration program pursuant to subdivi-
56 sion one of this section shall submit a report on the results of the use
S. 4393--B 17
1 of speed limit photo devices to the governor, the temporary president of
2 the senate and the speaker of the assembly by April first, two thousand
3 fourteen. Such report shall include, but not be limited to:
4 (a) a description of the locations where speed limit photo devices
5 were used;
6 (b) the number of violations recorded at each such location and in the
7 aggregate on a daily, weekly and monthly basis;
8 (c) the total number of notices of liability issued;
9 (d) the number of fines and total amount of fines paid after first
10 notice of liability;
11 (e) the number of violations adjudicated and results of such adjudi-
12 cations including breakdowns of dispositions made;
13 (f) the total amount of revenue realized by such city; and
14 (g) quality of the adjudication process and its results.
15 § 13. The opening paragraph and paragraph (c) of subdivision 1 of
16 section 1809 of the vehicle and traffic law, as separately amended by
17 sections 4 of chapters 19 and 23 and sections 17 of chapters 20, 21, 22
18 and 383 of the laws of 2009, 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 of
25 an owner for a violation of subdivision (d) of section eleven hundred
26 eleven of this chapter in accordance with section eleven hundred
27 eleven-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 of liability of
31 an owner for a violation of subdivision (c) or (d) of section eleven
32 hundred eighty of this chapter in accordance with section eleven hundred
33 eighty-b of this chapter, there shall be levied a crime victim assist-
34 ance fee and a mandatory surcharge, in addition to any sentence required
35 or permitted by law, in accordance with the following schedule:
36 (c) Whenever proceedings in an administrative tribunal or a court of
37 this state result in a conviction for an offense under this chapter
38 other than a crime pursuant to section eleven hundred ninety-two of this
39 chapter, or a traffic infraction under this chapter, or a local law,
40 ordinance, rule or regulation adopted pursuant to this chapter, other
41 than a traffic infraction involving standing, stopping, or parking or
42 violations by pedestrians or bicyclists, or other than an adjudication
43 of liability of an owner for a violation of subdivision (d) of section
44 eleven hundred eleven of this chapter in accordance with section eleven
45 hundred eleven-a of this chapter, or other than an adjudication of
46 liability of an owner for a violation of subdivision (d) of section
47 eleven hundred eleven of this chapter in accordance with section eleven
48 hundred eleven-b of this chapter, or other than an infraction pursuant
49 to article nine of this chapter or other than an adjudication of liabil-
50 ity of an owner for a violation of toll collection regulations pursuant
51 to section two thousand nine hundred eighty-five of the public authori-
52 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
53 hundred seventy-four of the laws of nineteen hundred fifty, or other
54 than an adjudication of liability of an owner for a violation of subdi-
55 vision (c) or (d) of section eleven hundred eighty of this chapter in
56 accordance with section eleven hundred eighty-b of this chapter, there
S. 4393--B 18
1 shall be levied a crime victim assistance fee in the amount of five
2 dollars and a mandatory surcharge, in addition to any sentence required
3 or permitted by law, in the amount of fifty-five dollars.
4 § 13-a. Subdivision 1 of section 1809 of the vehicle and traffic law,
5 as separately amended by sections 5 of chapters 19 and 23 and sections
6 18 of chapters 20, 21, 22 and 383 of the laws of 2009, is amended to
7 read as follows:
8 1. Whenever proceedings in an administrative tribunal or a court of
9 this state result in a conviction for a crime under this chapter or a
10 traffic infraction under this chapter, or a local law, ordinance, rule
11 or regulation adopted pursuant to this chapter, other than a traffic
12 infraction involving standing, stopping, parking or motor vehicle equip-
13 ment or violations by pedestrians or bicyclists, or other than an adju-
14 dication of liability of an owner for a violation of subdivision (d) of
15 section eleven hundred eleven of this chapter in accordance with section
16 eleven hundred eleven-a of this chapter, or other than an adjudication
17 of liability of an owner for a violation of subdivision (d) of section
18 eleven hundred eleven of this chapter in accordance with section eleven
19 hundred eleven-b of this chapter, or other than an adjudication of
20 liability of an owner for a violation of subdivision (c) or (d) of
21 section eleven hundred eighty of this chapter in accordance with section
22 eleven hundred eighty-b of this chapter, there shall be levied a manda-
23 tory surcharge, in addition to any sentence required or permitted by
24 law, in the amount of twenty-five dollars.
25 § 13-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
26 as separately amended by chapter 16 of the laws of 1983 and chapter 62
27 of the laws of 1989, is amended to read as follows:
28 1. Whenever proceedings in an administrative tribunal or a court of
29 this state result in a conviction for a crime under this chapter or a
30 traffic infraction under this chapter other than a traffic infraction
31 involving standing, stopping, parking or motor vehicle equipment or
32 violations by pedestrians or bicyclists, or other than an adjudication
33 of liability of an owner for a violation of subdivision (c) or (d) of
34 section eleven hundred eighty of this chapter in accordance with section
35 eleven hundred eighty-b of this chapter, there shall be levied a manda-
36 tory surcharge, in addition to any sentence required or permitted by
37 law, in the amount of seventeen dollars.
38 § 14. Subdivision 2 of section 87 of the public officers law is
39 amended by adding a new paragraph (1) to read as follows:
40 (1) are photographs, microphotographs, videotape or other recorded
41 images produced by a speed limit photo device prepared under authority
42 of section eleven hundred eighty-b of the vehicle and traffic law.
43 § 15. This act shall take effect on the thirtieth day after it shall
44 have become a law and shall expire 5 years after such effective date
45 when upon such date the provisions of this act shall be deemed repealed;
46 and provided further that any rules necessary for the implementation of
47 this act on its effective date shall be promulgated on or before such
48 date;
49 (a) provided, however, that the amendments to subdivision 1 of section
50 235 of the vehicle and traffic law made by section one of this act shall
51 be subject to the expiration and reversion of such section pursuant to
52 subdivision (p) of section 406 of chapter 166 of the laws of 1991, as
53 amended, when upon such date the provisions of section one-a of this act
54 shall take effect;
55 (b) provided, further that the amendments to section 235 of the vehi-
56 cle and traffic law made by section one-a of this act shall be subject
S. 4393--B 19
1 to the expiration and reversion of such section pursuant to section 17
2 of chapter 746 of the laws of 1988, as amended, when upon such date the
3 provisions of section one-b of this act shall take effect;
4 (c) provided, further, that the amendments to section 235 of the vehi-
5 cle and traffic law made by section one-b of this act shall be subject
6 to the expiration and reversion of such section pursuant to section 18
7 of chapter 379 of the laws of 1992, as amended, when upon such date the
8 provisions of section one-c of this act shall take effect;
9 (d) the amendments made to subdivision 1 of section 236 of the vehicle
10 and traffic law made by section two of this act shall be subject to the
11 expiration and reversion of such subdivision pursuant to section 17 of
12 chapter 746 of the laws of 1988, as amended, when upon such date the
13 provisions of section two-a of this act shall take effect;
14 (e) provided, further, that the amendments to section 236 of the vehi-
15 cle and traffic law made by section two-a of this act shall not affect
16 the expiration and reversion of such section pursuant to chapters 20,
17 21, 22 and 383 of the laws of 2009, as amended, when upon such date the
18 provisions of section two-b of this act shall take effect;
19 (f) provided, further, that the amendments made to paragraph f of
20 subdivision 1 of section 239 of the vehicle and traffic law made by
21 section five of this act shall be subject to the expiration and rever-
22 sion of such paragraph pursuant to section 17 of chapter 746 of the laws
23 of 1988, as amended, when upon such date the provisions of section
24 five-a of this act shall take effect;
25 (g) provided, further, the the amendments to paragraph f of subdivi-
26 sion 1 of section 239 of the vehicle and traffic law made by section
27 five-a of this act shall be subject to the expiration and reversion of
28 such paragraph pursuant to chapters 20, 21, 22 and 383 of the laws of
29 2009, as amended, when upon such date the provisions of section five-b
30 of this act shall take effect;
31 (h) provided, further, that the amendments to subdivision 4 of section
32 239 of the vehicle and traffic law made by section six of this act shall
33 not affect the repeal of such subdivision and shall be deemed repealed
34 therewith, when upon such date the provisions of section six-a of this
35 act shall take effect;
36 (i) provided, further, that the amendments to subdivision 1 of section
37 240 of the vehicle and traffic law made by section seven of this act
38 shall be subject to the expiration and reversion of such subdivision
39 pursuant to section 17 of chapter 746 of the laws of 1988, as amended,
40 when upon such date the provisions of section seven-a of this act shall
41 take effect;
42 (j) provided, further, that the amendments to subdivision 1 of section
43 240 of the vehicle and traffic law made by section seven-a of this act
44 shall be subject to the expiration and reversion of such subdivision
45 pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as amended,
46 when upon such date the provisions of section seven-b shall take effect;
47 (k) provided, further, that the amendments to subdivision 1-a of
48 section 240 of the vehicle and traffic law made by section eight of this
49 act shall be subject to the expiration and reversion of such subdivision
50 pursuant to section 17 of chapter 746 of the laws of 1988, as amended,
51 when upon such date the provisions of section eight-a of this act shall
52 take effect;
53 (l) provided, further, that the amendments to subdivision 1-a of
54 section 240 of the vehicle and traffic law made by section eight-a of
55 this act shall be subject to the expiration and reversion of such subdi-
56 vision pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as
S. 4393--B 20
1 amended, when upon such date the provisions of section eight-b of this
2 act shall take effect;
3 (m) provided, further, that the amendments to paragraphs a and g of
4 subdivision 2 of section 240 of the vehicle and traffic law made by
5 section nine of this act shall be subject to the expiration and rever-
6 sion of such paragraph pursuant to section 17 of chapter 746 of the laws
7 of 1988, as amended, when upon such date the provisions of section
8 nine-a of this act shall take effect;
9 (n) provided, further, that the amendments to paragraphs a and g of
10 subdivision 2 of section 240 of the vehicle and traffic law made by
11 section nine-a of this act shall be subject to the expiration and rever-
12 sion of such paragraphs pursuant to chapters 20, 21, 22 and 383 of the
13 laws of 2009, as amended, when upon such date the provisions of section
14 nine-b of this act shall take effect;
15 (o) provided, further, that the amendments to subdivisions 1 and 2 of
16 section 241 of the vehicle and traffic law made by section ten of this
17 act shall be subject to the expiration and reversion of such subdivi-
18 sions pursuant to section 17 of chapter 746 of the laws of 1988, as
19 amended, when upon such date the provisions of section ten-a of this act
20 shall take effect;
21 (p) provided, further, that the amendments to subdivisions 1 and 2 of
22 section 241 of the vehicle and traffic law made by section ten-a of this
23 act shall be subject to the expiration and reversion of such subdivi-
24 sions pursuant to chapters 20, 21, 22 and 383 of the laws of 2009, as
25 amended, when upon such date the provisions of section ten-b of this act
26 shall take effect;
27 (q) provided, further, that the amendments to subparagraph (i) of
28 paragraph a of subdivision 5-a of section 401 of the vehicle and traffic
29 law made by section eleven of this act shall be subject to the expira-
30 tion and reversion of such paragraph pursuant to section 17 of chapter
31 746 of the laws of 1988, as amended, when upon such date the provisions
32 of section eleven-a of this act shall take effect;
33 (r) provided, further, that the amendments to paragraph a of subdivi-
34 sion 5-a of section 401 of the vehicle and traffic law made by section
35 eleven-a of this act shall be subject to the expiration and reversion of
36 such paragraph pursuant to chapters 19, 20, 21, 22, 23 and 383 of the
37 laws of 2009, as amended, when upon such date the provisions of section
38 eleven-b of this act shall take effect;
39 (r-1) provided, further, that the amendments to subdivision 1 of
40 section 1809 of the vehicle and traffic law made by sections thirteen,
41 thirteen-a and thirteen-b of this act shall not affect the expiration of
42 such subdivision and shall be deemed repealed therewith;
43 (s) provided, further, that the amendments to the opening paragraph
44 and paragraph (c) of subdivision 1 of section 1809 of the vehicle and
45 traffic law made by section thirteen of this act shall be subject to the
46 expiration and reversion of such paragraphs pursuant to section 10 of
47 chapter 19, sections 24 of chapters 20 and 383, sections 22 of chapters
48 21 and 22 and section 9 of chapter 23 of the laws of 2009, as amended,
49 when upon such date the provisions of section thirteen-a of this act
50 shall take effect;
51 (t) provided, further, that the amendments to subdivision 1 of section
52 1809 of the vehicle and traffic law made by section thirteen-a of this
53 act shall be subject to the expiration and reversion of such subdivi-
54 sions pursuant to section 17 of chapter 746 of the laws of 1988, as
55 amended, when upon such date the provisions of section thirteen-b of
56 this act shall take effect.
