S04682 Summary:

BILL NOS04682B
 
SAME ASSAME AS A00485-B
 
SPONSORKENNEDY
 
COSPNSRBAILEY, BRESLIN, COMRIE, GAUGHRAN, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MYRIE, PERSAUD, RAMOS, REICHLIN-MELNICK, SALAZAR, SAVINO, SKOUFIS
 
MLTSPNSR
 
Amd V & T L, generally; add §371-a, Gen Muni L; amd §87, Pub Off L
 
Establishes a demonstration program implementing speed violation monitoring systems in work zones by means of photo devices; relates to notices of liability and the adjudication of certain traffic infractions involving the use of photo monitoring devices.
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S04682 Actions:

BILL NOS04682B
 
02/08/2021REFERRED TO TRANSPORTATION
04/21/2021AMEND AND RECOMMIT TO TRANSPORTATION
04/21/2021PRINT NUMBER 4682A
04/26/20211ST REPORT CAL.765
04/27/20212ND REPORT CAL.
04/28/2021ADVANCED TO THIRD READING
06/01/2021AMENDED ON THIRD READING (T) 4682B
06/07/2021PASSED SENATE
06/07/2021DELIVERED TO ASSEMBLY
06/07/2021referred to ways and means
06/07/2021substituted for a485b
06/07/2021ordered to third reading rules cal.408
06/09/2021passed assembly
06/09/2021returned to senate
09/03/2021DELIVERED TO GOVERNOR
09/06/2021SIGNED CHAP.421
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S04682 Committee Votes:

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S04682 Floor Votes:

DATE:06/09/2021Assembly Vote  YEA/NAY: 122/26
AbbateYClarkYFrontusYLalorNOPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerYPerryYSimpsonY
AngelinoNOCookYGallahanNOLemondesNOPheffer AmatoYSmithY
AshbyNOCruzYGandolfoYLunsfordYPichardoYSmullenY
AubryYCusickNOGiglio JAYLupardoYPretlowYSolagesY
BarclayNOCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaYSternY
BarrettYDavilaYGonzalez-RojasYManktelowNORajkumarYStirpeY
BarronYDe La RosaYGoodellNOMcDonaldYRamosYTagueNO
BenedettoYDeStefanoNOGottfriedYMcDonoughNOReillyNOTannousisNO
BichotteYDickensYGriffinYMcMahonYReyesYTaylorY
BlankenbushNODilanNOGuntherYMeeksYRichardsonYThieleY
BrabenecYDinowitzYHawleyNOMikulinYRivera J YVanelY
BraunsteinYDiPietroNOHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoYHunterYMiller MLYRodriguezYWalkerY
BrownYEichensteinNOHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoNORosenthal L YWalshY
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaNOWeprinY
ButtenschonYFallYJensenYNolanERSantabarbaraYWilliamsY
ByrneYFernandezYJonesYNorrisYSayeghYWoernerY
ByrnesNOFitzpatrickNOJoynerYO'DonnellYSchmittYZebrowskiY
CahillNOForrestERKellesYOtisYSeawrightYZinermanY
CarrollYFriendNOKimYPalmesanoNOSeptimoYMr. SpeakerY

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S04682 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4682--B
            Cal. No. 765
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 8, 2021
                                       ___________
 
        Introduced  by  Sens. KENNEDY, BAILEY, BRESLIN, COMRIE, GAUGHRAN, HARCK-
          HAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, LIU, MYRIE, PERSAUD,  RAMOS,
          REICHLIN-MELNICK,  SALAZAR,  SAVINO, SKOUFIS -- read twice and ordered
          printed, and when printed to be committed to the Committee  on  Trans-
          portation  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported  favorably  from
          said committee, ordered to first and second report, 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 and  the  general  municipal
          law,  in  relation  to certain notices of liability; to repeal certain
          provisions of the vehicle and traffic law relating thereto;  to  amend
          the  vehicle  and traffic law and the public officers law, in relation
          to establishing a demonstration program implementing  speed  violation
          monitoring  systems  in  work  zones  by  means  of photo devices; and
          providing for the repeal of such provisions upon expiration 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-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02181-08-1

        S. 4682--B                          2
 
     1  ance with article twenty-four of this chapter, or (c) to adjudicate  the
     2  liability  of owners for violations of subdivision (b), (c), (d), (f) or
     3  (g) of section eleven hundred eighty of this chapter imposed pursuant to
     4  a  demonstration  program  imposing monetary liability on the owner of a
     5  vehicle for failure of an operator thereof to comply  with  such  posted
     6  maximum  speed  limits  through  the installation and operation of photo
     7  speed violation monitoring systems, in accordance with article thirty of
     8  this  chapter,  or  (d)  to  adjudicate  the  liability  of  owners  for
     9  violations of bus lane restrictions as defined by article twenty-four of
    10  this  chapter  imposed  pursuant to a bus rapid transit program imposing
    11  monetary liability on the owner of a vehicle for failure of an  operator
    12  thereof  to comply with such bus lane restrictions through the installa-
    13  tion and operation of bus lane photo devices, in accordance with article
    14  twenty-four of this chapter, or  (e)  to  adjudicate  the  liability  of
    15  owners  for violations of toll collection regulations imposed by certain
    16  public authorities pursuant to the law authorizing such public  authori-
    17  ties  to impose monetary liability on the owner of a vehicle for failure
    18  of an operator thereof to comply with  toll  collection  regulations  of
    19  such  public  authorities  through  the  installation  and  operation of
    20  photo-monitoring systems, in accordance with the provisions  of  section
    21  two  thousand nine hundred eighty-five of the public authorities law and
    22  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    23  seventy-four of the laws of nineteen hundred fifty, or (f) to adjudicate
    24  the  liability of owners for violations of section eleven hundred seven-
    25  ty-four of this chapter when meeting a school bus marked and equipped as
    26  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    27  hundred  seventy-five of this chapter imposed pursuant to a local law or
    28  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    29  failure  of  an  operator  thereof  to comply with school bus red visual
    30  signals through the installation  and  operation  of  school  bus  photo
    31  violation  monitoring systems, in accordance with article twenty-nine of
    32  this  chapter,  or  (g)  to  adjudicate  the  liability  of  owners  for
    33  violations of subdivision (b), (d), (f) or (g) of section eleven hundred
    34  eighty  of  this  chapter  imposed  pursuant  to a demonstration program
    35  imposing monetary liability on the owner of a vehicle for failure of  an
    36  operator  thereof to comply with such posted maximum speed limits within
    37  a highway construction or maintenance work area through the installation
    38  and operation of photo speed violation monitoring systems, in accordance
    39  with article thirty of this chapter, such tribunal  and  the  rules  and
    40  regulations  pertaining  thereto  shall  be  constituted  in substantial
    41  conformance with the following sections.
    42    2. Notwithstanding any inconsistent provision of any general,  special
    43  or  local  law  or  administrative code to the contrary, any city with a
    44  population in excess of one hundred thousand persons  according  to  the
    45  nineteen  hundred eighty United States census hereinafter referred to as
    46  a city shall provide notice of parking violations and of the  imposition
    47  of additional penalties whenever the person who is liable therefor fails
    48  to respond to the parking ticket in the manner designated thereon.  Such
    49  notice   shall   be   in  substantial  conformance  with  the  following
    50  provisions:
    51    a. Notice. (1) Whenever a city issues a  notice  of  violation  for  a
    52  parking violation, it shall be served in the manner prescribed by subdi-
    53  vision two of section two hundred thirty-eight of this article.
    54    (2)  Whenever  a  person  has  been issued a notice of violation for a
    55  parking violation and has not responded in the manner described  in  the
    56  notice,  a city shall give the owner a second notice of the violation by

        S. 4682--B                          3
 
     1  regular first class mail: (i) within forty days of issuance of the first
     2  notice of violation for a parking violation where the vehicle is a vehi-
     3  cle registered in this state; or (ii) within forty days of  the  receipt
     4  by  such  city of the name and address of the owner of the vehicle where
     5  the vehicle is a vehicle registered in any other  state.    Such  second
     6  notice shall include, but not be limited to, the following information:
     7    (A)  that  the  owner has a period of twenty days from issuance of the
     8  second notice in which to respond to the notice of violation for a park-
     9  ing violation;
    10    (B) that failure to respond to the notice of violation for  a  parking
    11  violation  may  result  in the suspension and non-renewal of the owner's
    12  registration;
    13    (C) that failure to respond to the notice of violation for  a  parking
    14  violation  may  subject the owner to additional penalties as provided in
    15  paragraph b of this subdivision;
    16    (D) that failure to respond to the notice of violation for  a  parking
    17  violation  shall  subject the owner to a default judgment as provided in
    18  paragraph c of this subdivision and  the  additional  penalties  imposed
    19  upon parking violations pursuant to paragraph b of this subdivision; and
    20    (E) that submission of a plea of guilty to the parking violation makes
    21  the owner liable for payment of the stated fine and additional penalties
    22  imposed  pursuant  to  paragraph b of this subdivision and the mandatory
    23  surcharge of fifteen dollars imposed upon parking violations pursuant to
    24  section eighteen hundred nine-a of this chapter.
    25    b. Additional penalties. (1) For the purposes of this paragraph,  each
    26  locality shall determine an initial response date of not less than eight
    27  days  nor  more  than  thirty  days,  after  which time a penalty may be
    28  imposed. The liability for such initial penalty shall  commence  on  the
    29  date following the initial response date.
    30    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
    31  violation by the initial response date may result in the liability for a
    32  penalty in an amount of the fine indicated on the  notice  of  violation
    33  for a parking violation; where a city has given a second notice pursuant
    34  to paragraph a of this subdivision, the following schedule of additional
    35  penalties may apply:
    36    (A)  failure  to  respond  to  a  notice  of  violation  for a parking
    37  violation by the initial response date may result in the  liability  for
    38  an additional penalty not to exceed ten dollars or, if the first penalty
    39  assessed by a city does not exceed five dollars, such city may assess an
    40  additional  penalty within thirty-one to seventy-five days not to exceed
    41  ten dollars; and
    42    (B) where a city has given a second notice pursuant to paragraph a  of
    43  this subdivision failure to respond to a notice of violation for a park-
    44  ing  violation  within  seventy-five  days  may result in the liability,
    45  commencing on the seventy-sixth day, for an additional  penalty  not  to
    46  exceed twenty dollars.
    47    (3)  Where  the  additional penalty schedule set forth in subparagraph
    48  two of this paragraph, as interpreted in 9 New York Code  of  Rules  and
    49  Regulations  Part 6180, has not been implemented by a city and is not in
    50  effect in such city on or before January first, nineteen  hundred  nine-
    51  ty-three,  the  provisions  of  this  paragraph shall not apply. For the
    52  purposes of this subdivision, the provisions of this paragraph shall not
    53  be considered to have been implemented and in effect unless the  penalty
    54  schedule  contained herein shall have been applied to parking violations
    55  issued in such city on or before January first, nineteen  hundred  nine-
    56  ty-three.

        S. 4682--B                          4
 
     1    b-1.  Alternate  additional penalty schedule. In any city in which the
     2  schedule of penalties contained in subparagraph two of  paragraph  b  of
     3  this  subdivision,  as interpreted in 9 New York Code of Rules and Regu-
     4  lations Part 6180, has not been implemented and was not in effect on  or
     5  before  January  first, nineteen hundred ninety-three, the provisions of
     6  this paragraph shall only apply upon enactment of a local law containing
     7  the penalty schedule provided in this paragraph prior to March 28, 1993.
     8  Following the enactment of such a local law,  such  city  may  elect  to
     9  impose  the  additional penalties set forth in subparagraphs one and two
    10  of this paragraph for failure to respond to a notice of violation for  a
    11  parking  violation  in accordance with this paragraph. In the event that
    12  no such local law was enacted prior to March  28,  1993,  the  alternate
    13  additional  penalty schedule set forth in paragraph b-2 of this subdivi-
    14  sion shall apply.
    15    (1) Failure to  respond  to  a  notice  of  violation  for  a  parking
    16  violation  within  thirty  days shall result in liability, commencing on
    17  the thirty-first day, for an additional penalty  in  an  amount  not  to
    18  exceed  ten  dollars, indicated on the notice of violation for a parking
    19  violation; where a city has given a second notice pursuant to  paragraph
    20  a  of this subdivision failure to respond to a notice of violation for a
    21  parking violation  within  forty-five  days  may  result  in  liability,
    22  commencing  on the forty-sixth day, for the penalty prescribed above for
    23  failure to respond within thirty days and an additional penalty  not  to
    24  exceed twenty dollars; and where a city has given a second notice pursu-
    25  ant to paragraph a of this subdivision failure to respond to a notice of
    26  violation for a parking violation within seventy-five days may result in
    27  liability,  commencing  on  the  seventy-sixth  day,  for  the penalties
    28  prescribed above for failure to respond within thirty days and for fail-
    29  ure to respond within forty-five days and an additional penalty  not  to
    30  exceed thirty dollars.
    31    (2)  Notwithstanding  the foregoing schedule of alternative additional
    32  penalties, if an owner makes a plea or appears within twenty days  after
    33  issuance  of a second notice of violation in accordance with paragraph a
    34  of this subdivision, or prior to such mailing, such  additional  penalty
    35  shall not exceed ten dollars.
    36    b-2.  Alternate  additional penalty schedule. In any city in which the
    37  schedule of penalties contained in paragraph b of this  subdivision,  as
    38  interpreted  in  9 New York Code of Rules and Regulations Part 6180, has
    39  not been implemented and was not in effect on or before  January  first,
    40  nineteen  hundred  ninety-three  and  which  has not enacted a local law
    41  pursuant to paragraph b-1 of this subdivision prior to March  28,  1993,
    42  the following alternate additional penalty schedule shall apply:
    43    (1)  Failure  to  respond  to  a  notice  of  violation  for a parking
    44  violation within eight days may result in the liability,  commencing  on
    45  the ninth day, for an additional penalty in an amount not to exceed five
    46  dollars;
    47    (2)  Failure  to  respond  to  a  notice  of  violation  for a parking
    48  violation within thirty days may result in the liability, commencing  on
    49  the  thirty-first  day,  for the penalty prescribed above for failure to
    50  respond within eight days and an additional penalty not  to  exceed  ten
    51  dollars  or,  if  the first penalty assessed by the city does not exceed
    52  five dollars, such city may assess an additional penalty within  thirty-
    53  one to seventy-five days not to exceed ten dollars;
    54    (3)  Where a city has given a second notice pursuant to paragraph a of
    55  this subdivision failure to respond to a notice of violation for a park-
    56  ing violation within seventy-five days  may  result  in  the  liability,

        S. 4682--B                          5
 
     1  commencing  on the seventy-sixth day, for the penalties prescribed above
     2  for failure to respond within eight days  and  for  failure  to  respond
     3  within  thirty  days  and  an  additional  penalty  not to exceed twenty
     4  dollars; and
     5    (4)  Notwithstanding the foregoing schedule of alternate penalties, if
     6  an owner makes a plea or appears within twenty days after issuance of  a
     7  second notice of violation in accordance with paragraph a of this subdi-
     8  vision,  or  prior  to  such  mailing, such additional penalty shall not
     9  exceed five dollars.
    10    c. Default judgment. Where a city has given notice pursuant  to  para-
    11  graph a of this subdivision, failure to respond to a notice of violation
    12  for  a parking violation within ninety days shall be deemed an admission
    13  of liability and shall subject the owner to  a  default  judgment  being
    14  entered thereon in an amount not greater than the amount of the original
    15  fine and accrued penalties plus any applicable surcharges.  Such default
    16  shall  be  reported  to  the  department  which department shall cause a
    17  suspension and non-renewal of the owner's registration pursuant  to  the
    18  provisions  of  subdivision  four-c  of section five hundred ten of this
    19  chapter.
    20    3. Nothing set forth in this article shall be construed  to  authorize
    21  the imposition of monetary liability on the owner of a vehicle for fail-
    22  ure  of an operator thereof to comply with any provision of law, rule or
    23  regulation through the installation and operation of a photo enforcement
    24  device or system, except as otherwise explicitly authorized  by  article
    25  twenty-four, twenty-nine or thirty of this chapter, by section two thou-
    26  sand  nine  hundred  eighty-five  of  the  public authorities law, or by
    27  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
    28  seventy-four  of the laws of nineteen hundred fifty, nor be construed to
    29  grant any municipality the authority to establish by  local  law,  ordi-
    30  nance, order, rule, regulation, resolution or any other means, an admin-
    31  istrative  tribunal  to hear and determine complaints of traffic infrac-
    32  tions  or  jurisdiction  to  adjudicate  any  liability  set  forth   in
    33  subdivision one of this section.
    34    §  2.  Subdivision  1 of section 236 of the vehicle and traffic law is
    35  REPEALED and a new subdivision 1 is added to read as follows:
    36    1. Creation. In any city as hereinbefore or hereafter authorized  such
    37  tribunal  when  created  shall be known as the parking violations bureau
    38  and shall have jurisdiction of traffic infractions  which  constitute  a
    39  parking violation and, where authorized: (a) to adjudicate the liability
    40  of  owners  for  violations of subdivision (d) of section eleven hundred
    41  eleven of this chapter imposed pursuant to  a  local  law  or  ordinance
    42  imposing  monetary liability on the owner of a vehicle for failure of an
    43  operator thereof to comply with traffic-control indications through  the
    44  installation  and  operation  of traffic-control signal photo violation-
    45  monitoring systems, in accordance with article twenty-four of this chap-
    46  ter, or (b) to adjudicate the liability  of  owners  for  violations  of
    47  subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
    48  of this chapter imposed pursuant to  a  demonstration  program  imposing
    49  monetary  liability on the owner of a vehicle for failure of an operator
    50  thereof to comply with such posted  maximum  speed  limits  through  the
    51  installation  and operation of photo speed violation monitoring systems,
    52  in accordance with article thirty of this chapter, or (c) to  adjudicate
    53  the  liability  of  owners  for  violations  of bus lane restrictions as
    54  defined by article twenty-four of this chapter imposed pursuant to a bus
    55  rapid transit program imposing monetary liability  on  the  owner  of  a
    56  vehicle  for failure of an operator thereof to comply with such bus lane

        S. 4682--B                          6
 
     1  restrictions through the installation and operation of  bus  lane  photo
     2  devices,  in accordance with article twenty-four of this chapter, or (d)
     3  to adjudicate the liability of owners for violations of toll  collection
     4  regulations  imposed  by  certain public authorities pursuant to the law
     5  authorizing such public authorities to impose monetary liability on  the
     6  owner  of  a  vehicle  for failure of an operator thereof to comply with
     7  toll collection regulations  of  such  public  authorities  through  the
     8  installation  and  operation  of photo-monitoring systems, in accordance
     9  with the provisions of section two thousand nine hundred eighty-five  of
    10  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    11  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    12  hundred  fifty,  or  (e)  to  adjudicate  the  liability  of  owners for
    13  violations of section eleven hundred seventy-four of this  chapter  when
    14  meeting  a  school  bus  marked and equipped as provided in subdivisions
    15  twenty and twenty-one-c of section three hundred  seventy-five  of  this
    16  chapter  imposed  pursuant to a local law or ordinance imposing monetary
    17  liability on the owner of a vehicle for failure of an  operator  thereof
    18  to  comply  with  school bus red visual signals through the installation
    19  and operation of school  bus  photo  violation  monitoring  systems,  in
    20  accordance  with  article twenty-nine of this chapter, or (f) to adjudi-
    21  cate the liability of owners for violations of subdivision (b), (d), (f)
    22  or (g) of section eleven hundred eighty of this chapter imposed pursuant
    23  to a demonstration program imposing monetary liability on the owner of a
    24  vehicle for failure of an operator thereof to comply  with  such  posted
    25  maximum  speed  limits within a highway construction or maintenance work
    26  area through the installation and operation  of  photo  speed  violation
    27  monitoring  systems,  in accordance with article thirty of this chapter.
    28  Such tribunal, except in a city with a  population  of  one  million  or
    29  more,  shall also have jurisdiction of abandoned vehicle violations. For
    30  the purposes of this article, a parking violation is  the  violation  of
    31  any  law,  rule  or  regulation providing for or regulating the parking,
    32  stopping or standing of a vehicle. In  addition  for  purposes  of  this
    33  article, "commissioner" shall mean and include the commissioner of traf-
    34  fic  of  the  city or an official possessing authority as such a commis-
    35  sioner.
    36    § 3. Paragraph f of subdivision 1 of section 239 of  the  vehicle  and
    37  traffic  law  is  REPEALED  and  a  new  paragraph f is added to read as
    38  follows:
    39    f. "Notice of violation" means a notice of  violation  as  defined  in
    40  subdivision  nine  of  section two hundred thirty-seven of this article,
    41  but shall not be deemed to include a notice of liability issued pursuant
    42  to authorization set forth  in  articles  twenty-four,  twenty-nine  and
    43  thirty of this chapter, section two thousand nine hundred eighty-five of
    44  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
    45  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
    46  hundred fifty to impose monetary liability on the owner of a vehicle for
    47  failure  of  an  operator  thereof: to comply with traffic-control indi-
    48  cations in violation of subdivision (d) of section eleven hundred eleven
    49  of this chapter through the installation and operation  of  traffic-con-
    50  trol signal photo violation-monitoring systems, in accordance with arti-
    51  cle  twenty-four of this chapter; or to comply with certain posted maxi-
    52  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    53  of  section  eleven hundred eighty of this chapter through the installa-
    54  tion and operation of  photo  speed  violation  monitoring  systems,  in
    55  accordance  with  article  thirty of this chapter; or to comply with bus
    56  lane restrictions as defined by  article  twenty-four  of  this  chapter

        S. 4682--B                          7
 
     1  through  the  installation  and  operation of bus lane photo devices, in
     2  accordance with article twenty-four of this chapter; or to  comply  with
     3  toll  collection  regulations  of certain public authorities through the
     4  installation  and  operation  of photo-monitoring systems, in accordance
     5  with the provisions of section two thousand nine hundred eighty-five  of
     6  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     7  sixteen-c of chapter seven hundred seventy-four of the laws of  nineteen
     8  hundred  fifty;  or  to  stop  for  a school bus displaying a red visual
     9  signal in violation of section eleven hundred seventy-four of this chap-
    10  ter through the installation and operation of school bus photo violation
    11  monitoring systems, in accordance with article twenty-nine of this chap-
    12  ter, or to comply with certain posted maximum speed limits in  violation
    13  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
    14  this chapter within a highway  construction  or  maintenance  work  area
    15  through the installation and operation of photo speed violation monitor-
    16  ing systems, in accordance with article thirty of this chapter.
    17    §  4. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
    18  law are REPEALED and two new subdivisions 1 and 1-a are added to read as
    19  follows:
    20    1. Notice of  hearing.  Whenever  a  person  charged  with  a  parking
    21  violation  enters a plea of not guilty; or a person alleged to be liable
    22  in accordance with any provisions of law  specifically  authorizing  the
    23  imposition  of  monetary liability on the owner of a vehicle for failure
    24  of an operator thereof: to comply with  traffic-control  indications  in
    25  violation  of  subdivision  (d) of section eleven hundred eleven of this
    26  chapter through the installation and operation of traffic-control signal
    27  photo violation-monitoring systems, in accordance with  article  twenty-
    28  four  of  this  chapter;  or to comply with certain posted maximum speed
    29  limits in violation of subdivision (b), (c), (d), (f) or (g) of  section
    30  eleven hundred eighty of this chapter through the installation and oper-
    31  ation  of  photo  speed violation monitoring systems, in accordance with
    32  article thirty of this chapter; or to comply with bus lane  restrictions
    33  as  defined by article twenty-four of this chapter through the installa-
    34  tion and operation of bus lane photo devices, in accordance with article
    35  twenty-four of this chapter; or to comply  with  toll  collection  regu-
    36  lations of certain public authorities through the installation and oper-
    37  ation  of photo-monitoring systems, in accordance with the provisions of
    38  section two thousand nine hundred eighty-five of the public  authorities
    39  law  and  sections  sixteen-a,  sixteen-b and sixteen-c of chapter seven
    40  hundred seventy-four of the laws of nineteen hundred fifty; or  to  stop
    41  for  a school bus displaying a red visual signal in violation of section
    42  eleven hundred seventy-four of this chapter through the installation and
    43  operation of school bus photo violation monitoring systems,  in  accord-
    44  ance with article twenty-nine of this chapter, or to comply with certain
    45  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    46  (g)  of  section  eleven hundred eighty of this chapter within a highway
    47  construction or maintenance work area through the installation and oper-
    48  ation of photo speed violation monitoring systems,  in  accordance  with
    49  article  thirty  of  this  chapter, contests such allegation, the bureau
    50  shall advise such person personally by such form of first class mail  as
    51  the  director  may  direct of the date on which he or she must appear to
    52  answer the charge at a hearing. The form and content of such  notice  of
    53  hearing shall be prescribed by the director, and shall contain a warning
    54  to advise the person so pleading or contesting that failure to appear on
    55  the  date  designated,  or  on  any  subsequent adjourned date, shall be

        S. 4682--B                          8
 
     1  deemed an admission of liability, and that a  default  judgment  may  be
     2  entered thereon.
     3    1-a.  Fines  and  penalties.  Whenever  a  plea of not guilty has been
     4  entered, or the bureau has been notified that an allegation of liability
     5  in accordance with provisions of law specifically authorizing the  impo-
     6  sition of monetary liability on the owner of a vehicle for failure of an
     7  operator   thereof:   to  comply  with  traffic-control  indications  in
     8  violation of subdivision (d) of section eleven hundred  eleven  of  this
     9  chapter through the installation and operation of traffic-control signal
    10  photo  violation-monitoring  systems, in accordance with article twenty-
    11  four of this chapter; or to comply with  certain  posted  maximum  speed
    12  limits  in violation of subdivision (b), (c), (d), (f) or (g) of section
    13  eleven hundred eighty of this chapter through the installation and oper-
    14  ation of photo speed violation monitoring systems,  in  accordance  with
    15  article  thirty of this chapter; or to comply with bus lane restrictions
    16  as defined by article twenty-four of this chapter through the  installa-
    17  tion and operation of bus lane photo devices, in accordance with article
    18  twenty-four  of  this  chapter;  or to comply with toll collection regu-
    19  lations of certain public authorities through the installation and oper-
    20  ation of photo-monitoring systems, in accordance with the provisions  of
    21  section  two thousand nine hundred eighty-five of the public authorities
    22  law and sections sixteen-a, sixteen-b and  sixteen-c  of  chapter  seven
    23  hundred  seventy-four  of the laws of nineteen hundred fifty; or to stop
    24  for a school bus displaying a red visual signal in violation of  section
    25  eleven hundred seventy-four of this chapter through the installation and
    26  operation  of  school bus photo violation monitoring systems, in accord-
    27  ance with article twenty-nine of this chapter, or to comply with certain
    28  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    29  (g) of section eleven hundred eighty of this chapter  within  a  highway
    30  construction or maintenance work area through the installation and oper-
    31  ation  of  photo  speed violation monitoring systems, in accordance with
    32  article thirty of this chapter, is being contested, by  a  person  in  a
    33  timely  fashion and a hearing upon the merits has been demanded, but has
    34  not yet been held, the bureau shall not issue  any  notice  of  fine  or
    35  penalty to that person prior to the date of the hearing.
    36    § 5. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
    37  and traffic law are REPEALED and two new paragraphs a and g are added to
    38  read as follows:
    39    a. Every hearing for the adjudication of a charge of parking violation
    40  or an allegation of liability of an owner for a violation of subdivision
    41  (d) of section eleven hundred eleven of this chapter imposed pursuant to
    42  a  local  law or ordinance imposing monetary liability on the owner of a
    43  vehicle for failure of an operator thereof to comply  with  traffic-con-
    44  trol  indications through the installation and operation of traffic-con-
    45  trol signal photo violation-monitoring systems, in accordance with arti-
    46  cle twenty-four of this chapter, or an allegation  of  liability  of  an
    47  owner  for  a  violation  of  subdivision  (b),  (c), (d), (f) or (g) of
    48  section eleven hundred eighty of this  chapter  imposed  pursuant  to  a
    49  demonstration  program  imposing  monetary  liability  on the owner of a
    50  vehicle for failure of an operator thereof to comply with certain posted
    51  maximum speed limits through the installation  and  operation  of  photo
    52  speed violation monitoring systems, in accordance with article thirty of
    53  this  chapter, or an allegation of liability of an owner for a violation
    54  of bus lane restrictions as defined by article twenty-four of this chap-
    55  ter imposed pursuant to a bus rapid transit  program  imposing  monetary
    56  liability  on  the owner of a vehicle for failure of an operator thereof

        S. 4682--B                          9
 
     1  to comply with such bus lane restrictions through the  installation  and
     2  operation  of bus lane photo devices, in accordance with article twenty-
     3  four of this chapter, or an allegation of liability of an  owner  for  a
     4  violation  of  toll  collection  regulations  imposed  by certain public
     5  authorities pursuant to the law authorizing such public  authorities  to
     6  impose  monetary  liability  on the owner of a vehicle for failure of an
     7  operator thereof to comply with  toll  collection  regulations  of  such
     8  public authorities through the installation and operation of photo-moni-
     9  toring  systems,  in accordance with the provisions of section two thou-
    10  sand nine hundred eighty-five of the public authorities law and sections
    11  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
    12  of the laws of nineteen hundred fifty, or an allegation of liability  of
    13  an  owner for a violation of section eleven hundred seventy-four of this
    14  chapter when meeting a school bus marked and  equipped  as  provided  in
    15  subdivisions  twenty  and twenty-one-c of section three hundred seventy-
    16  five of this chapter imposed pursuant to a local law or ordinance impos-
    17  ing monetary liability on the owner of a vehicle for failure of an oper-
    18  ator thereof to comply with school bus red visual  signals  through  the
    19  installation  and  operation  of  school  bus photo violation monitoring
    20  systems, in accordance with article twenty-nine of this chapter,  or  an
    21  allegation  of liability of an owner for a violation of subdivision (b),
    22  (d), (f) or (g) of section eleven hundred eighty of this chapter imposed
    23  pursuant to a demonstration program imposing monetary liability  on  the
    24  owner  of  a  vehicle  for failure of an operator thereof to comply with
    25  certain posted maximum speed limits within  a  highway  construction  or
    26  maintenance  work  area  through the installation and operation of photo
    27  speed violation monitoring systems, in accordance with article thirty of
    28  this chapter, shall be held before a hearing examiner in accordance with
    29  rules and regulations promulgated by the bureau.
    30    g. A record shall be made of a hearing on a plea of not guilty or of a
    31  hearing at which liability in accordance  with  any  provisions  of  law
    32  specifically  authorizing  the  imposition  of monetary liability on the
    33  owner of a vehicle for failure of an operator thereof:  to  comply  with
    34  traffic-control  indications  in violation of subdivision (d) of section
    35  eleven hundred eleven of this chapter through the installation and oper-
    36  ation of traffic-control signal photo violation-monitoring  systems,  in
    37  accordance  with  article  twenty-four  of  this chapter; to comply with
    38  certain posted maximum speed limits in  violation  of  subdivision  (b),
    39  (c),  (d),  (f)  or (g) of section eleven hundred eighty of this chapter
    40  through the installation and operation of photo speed violation monitor-
    41  ing systems, in accordance with  article  thirty  of  this  chapter;  to
    42  comply  with  bus lane restrictions as defined by article twenty-four of
    43  this chapter through the installation and operation of  bus  lane  photo
    44  devices,  in  accordance  with  article  twenty-four of this chapter; to
    45  comply with toll collection regulations of  certain  public  authorities
    46  through  the  installation and operation of photo-monitoring systems, in
    47  accordance with the provisions of  section  two  thousand  nine  hundred
    48  eighty-five  of  the  public  authorities  law  and  sections sixteen-a,
    49  sixteen-b and sixteen-c of chapter seven  hundred  seventy-four  of  the
    50  laws of nineteen hundred fifty; or to stop for a school bus displaying a
    51  red visual signal in violation of section eleven hundred seventy-four of
    52  this  chapter through the installation and operation of school bus photo
    53  violation monitoring systems, in accordance with article twenty-nine  of
    54  this  chapter,  or to comply with certain posted maximum speed limits in
    55  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    56  eighty of this chapter within a highway construction or maintenance work

        S. 4682--B                         10
 
     1  area  through  the  installation  and operation of photo speed violation
     2  monitoring systems, in accordance with article thirty of  this  chapter,
     3  is  contested.  Recording  devices  may  be  used  for the making of the
     4  record.
     5    §  6.  Subdivisions  1 and 2 of section 241 of the vehicle and traffic
     6  law are REPEALED and two new subdivisions 1 and 2 are added to  read  as
     7  follows:
     8    1.  The  hearing  examiner  shall make a determination on the charges,
     9  either sustaining or dismissing them. Where the hearing examiner  deter-
    10  mines  that the charges have been sustained he or she may examine either
    11  the  prior  parking  violations  record  or  the  record  of liabilities
    12  incurred in accordance with any provisions of law specifically authoriz-
    13  ing the imposition of monetary liability on the owner of a  vehicle  for
    14  failure  of  an  operator  thereof: to comply with traffic-control indi-
    15  cations in violation of subdivision (d) of section eleven hundred eleven
    16  of this chapter through the installation and operation  of  traffic-con-
    17  trol  signal  photo  violation-monitoring  systems,  in  accordance with
    18  article twenty-four of this chapter; to comply with certain posted maxi-
    19  mum speed limits in violation of subdivision (b), (c), (d), (f)  or  (g)
    20  of section eleven  hundred  eighty  of  this chapter through the instal-
    21  lation  and  operation  of  photo speed violation monitoring systems, in
    22  accordance with article thirty of this chapter; to comply with bus  lane
    23  restrictions  as  defined by article twenty-four of this chapter through
    24  the installation and operation of bus lane photo devices, in  accordance
    25  with  article  twenty-four  of  this  chapter;  to  comply  with    toll
    26  collection regulations of certain public authorities through the instal-
    27  lation and operation of photo-monitoring systems, in accordance with the
    28  provisions of section two  thousand  nine  hundred  eighty-five  of  the
    29  public  authorities  law and sections sixteen-a, sixteen-b and sixteen-c
    30  of chapter seven hundred seventy-four of the laws  of  nineteen  hundred
    31  fifty;  or  to  stop  for a school bus displaying a red visual signal in
    32  violation of section eleven hundred seventy-four of this chapter through
    33  the installation and operation of school bus photo violation  monitoring
    34  systems,  in  accordance with article twenty-nine of this chapter, or to
    35  comply with certain posted maximum speed limits in violation of subdivi-
    36  sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
    37  ter within a highway construction or maintenance work area  through  the
    38  installation  and operation of photo speed violation monitoring systems,
    39  in accordance with  article  thirty  of  this  chapter,  of  the  person
    40  charged,  as  applicable prior to rendering a final determination. Final
    41  determinations  sustaining or dismissing charges shall be entered  on  a
    42  final  determination  roll  maintained by   the   bureau   together with
    43  records showing payment and nonpayment of penalties.
    44    2. Where an operator or owner fails to enter a plea to a charge  of  a
    45  parking  violation or contest an allegation of  liability  in accordance
    46  with  any  provisions  of law specifically authorizing the imposition of
    47  monetary liability on the owner of a vehicle for failure of an  operator
    48  thereof:  to  comply  with  traffic-control  indications in violation of
    49  subdivision (d) of section eleven hundred eleven of this chapter through
    50  the installation and operation of traffic-control  signal  photo  viola-
    51  tion-monitoring  systems, in accordance with article twenty-four of this
    52  chapter; to comply with  certain  posted  maximum    speed    limits  in
    53  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    54  hundred eighty of this chapter through the installation and operation of
    55  photo  speed violation monitoring systems, in  accordance  with  article
    56  thirty  of this chapter; to comply with bus lane restrictions as defined

        S. 4682--B                         11

     1  by article twenty-four of this  chapter  through  the  installation  and
     2  operation  of bus lane photo devices, in accordance with article twenty-
     3  four of this chapter; to comply  with  toll  collection  regulations  of
     4  certain  public  authorities  through  the installation and operation of
     5  photo-monitoring systems, in accordance with the provisions  of  section
     6  two  thousand nine hundred eighty-five of the public authorities law and
     7  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
     8  seventy-four of the laws of nineteen hundred fifty; to stop for a school
     9  bus  displaying  a  red  visual  signal  in  violation of section eleven
    10  hundred seventy-four of this chapter through the installation and opera-
    11  tion of school bus photo violation  monitoring  systems,  in  accordance
    12  with  article  twenty-nine  of  this  chapter, or to comply with certain
    13  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    14  (g) of section eleven hundred eighty of this chapter  within  a  highway
    15  construction or maintenance work area through the installation and oper-
    16  ation  of  photo  speed violation monitoring systems, in accordance with
    17  article thirty of this chapter, or fails to appear on a designated hear-
    18  ing date  or  subsequent  adjourned  date or fails after  a  hearing  to
    19  comply  with  the  determination of a hearing  examiner,  as  prescribed
    20  by this article or by rule or regulation of the bureau, such failure  to
    21  plead  or contest,  appear  or comply shall be deemed, for all purposes,
    22  an admission of liability and shall be grounds   for    rendering    and
    23  entering  a  default   judgment   in an amount provided by the rules and
    24  regulations of the  bureau.  However,  after  the  expiration   of   the
    25  original  date prescribed   for  entering  a  plea  and before a default
    26  judgment may be rendered, in such case the  bureau  shall  pursuant   to
    27  the  applicable  provisions   of   law notify such operator or owner, by
    28  such form of first class mail as the commission may direct; (1)  of  the
    29  violation  charged,  or liability   alleged in   accordance   with   any
    30  provisions of law specifically authorizing the  imposition  of  monetary
    31  liability  on the owner of a vehicle for failure of an operator thereof:
    32  to comply  with traffic-control indications in violation of  subdivision
    33  (d)  of  section  eleven  hundred  eleven  of this chapter through   the
    34  installation and operation of traffic-control  signal  photo  violation-
    35  monitoring  systems,  in  accordance  with  article  twenty-four of this
    36  chapter;   to  comply  with  certain  posted  maximum  speed  limits  in
    37  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    38  hundred eighty of this chapter through the installation and operation of
    39  photo speed violation monitoring systems,  in  accordance  with  article
    40  thirty  of this chapter; to comply with bus lane restrictions as defined
    41  by article twenty-four of this  chapter  through  the  installation  and
    42  operation  of bus lane photo devices, in accordance with article twenty-
    43  four of this chapter; to comply with toll collection   regulations    of
    44  certain  public  authorities  through  the installation and operation of
    45  photo-monitoring systems, in accordance with the provisions  of  section
    46  two  thousand nine hundred eighty-five of the public authorities law and
    47  sections sixteen-a, sixteen-b  and sixteen-c of  chapter  seven  hundred
    48  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    49  bus  displaying  a  red  visual  signal  in  violation of section eleven
    50  hundred seventy-four of this chapter through the installation and opera-
    51  tion of school bus photo violation  monitoring  systems,  in  accordance
    52  with  article  twenty-nine  of  this  chapter, or to comply with certain
    53  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    54  (g) of section eleven hundred eighty of this chapter  within  a  highway
    55  construction or maintenance work area through the installation and oper-
    56  ation  of  photo  speed violation monitoring systems, in accordance with

        S. 4682--B                         12
 
     1  article thirty of this chapter, (2) of the impending  default  judgment,
     2  (3) that such judgment will be entered in the Civil Court of the city in
     3  which the bureau has been established, or other court of civil jurisdic-
     4  tion or any other place provided for the entry of civil judgments within
     5  the state of New York, and (4) that a default may be avoided by entering
     6  a  plea or contesting an allegation of liability  in accordance with any
     7  provisions of law specifically authorizing the  imposition  of  monetary
     8  liability  on the owner of a vehicle for failure of an operator thereof:
     9  to  comply  with  traffic-control indications  in violation of  subdivi-
    10  sion  (d)  of  section eleven hundred eleven of this chapter through the
    11  installation and operation of traffic-control  signal  photo  violation-
    12  monitoring  systems,  in  accordance with   article twenty-four of  this
    13  chapter;   to comply   with  certain  posted  maximum  speed  limits  in
    14  violation  of  subdivision  (b),  (c), (d), (f) or (g) of section eleven
    15  hundred eighty of this chapter through the   installation and  operation
    16  of   photo  speed violation monitoring systems, in accordance with arti-
    17  cle thirty of this chapter; to comply  with  bus  lane  restrictions  as
    18  defined  by article twenty-four of this chapter through the installation
    19  and operation of bus lane photo  devices,  in  accordance  with  article
    20  twenty-four  of this chapter; to comply with toll collection regulations
    21  of certain public authorities through the installation and operation  of
    22  photo-monitoring  systems,  in accordance with the provisions of section
    23  two thousand nine hundred eighty-five of the public authorities law  and
    24  sections  sixteen-a,  sixteen-b   and sixteen-c of chapter seven hundred
    25  seventy-four of the laws of nineteen hundred fifty; to stop for a school
    26  bus displaying a red  visual  signal  in  violation  of  section  eleven
    27  hundred seventy-four of this chapter through the installation and opera-
    28  tion  of  school  bus  photo violation monitoring systems, in accordance
    29  with article twenty-nine of this chapter,  or  to  comply  with  certain
    30  posted maximum speed limits in violation of subdivision (b), (d), (f) or
    31  (g)  of  section  eleven hundred eighty of this chapter within a highway
    32  construction or maintenance work area through the installation and oper-
    33  ation of photo speed violation monitoring systems,  in  accordance  with
    34  article  thirty  of  this chapter, or making an appearance within thirty
    35  days of the sending  of  such  notice.  Pleas  entered  and  allegations
    36  contested  within  that  period shall be in the manner prescribed in the
    37  notice and not subject to additional penalty  or  fee.  Such  notice  of
    38  impending default  judgment shall not be required prior to the rendering
    39  and  entry  thereof in the case of operators or owners who are non-resi-
    40  dents of the state of New York. In no case shall a default  judgment  be
    41  rendered  or,  where required, a notice of impending default judgment be
    42  sent, more than two years after the expiration of  the  time  prescribed
    43  for  entering  a  plea  or  contesting  an allegation. When a person has
    44  demanded a hearing, no fine or penalty shall be imposed for any  reason,
    45  prior  to the holding of the hearing. If the hearing examiner shall make
    46  a determination on the charges, sustaining   them,    he  or  she  shall
    47  impose  no  greater penalty or fine than those upon which the person was
    48  originally charged.
    49    § 7. Paragraph a of subdivision 5-a of section 401 of the vehicle  and
    50  traffic  law  is  REPEALED  and  a  new  paragraph a is added to read as
    51  follows:
    52    a. (i) If at the time of application for  a  registration  or  renewal
    53  thereof  there  is  a  certification  from  a  court, parking violations
    54  bureau, traffic and parking violations agency or administrative tribunal
    55  of appropriate jurisdiction that the registrant or his or her  represen-
    56  tative  failed  to appear on the return date or any subsequent adjourned

        S. 4682--B                         13
 
     1  date or failed to comply with the rules and regulations of  an  adminis-
     2  trative  tribunal  following  entry of a final decision in response to a
     3  total of three or more summonses or  other  process  in  the  aggregate,
     4  issued  within  an eighteen month period, charging either that: (i) such
     5  motor vehicle was parked, stopped or standing, or that such motor  vehi-
     6  cle  was operated for hire by the registrant or his or her agent without
     7  being licensed as a motor vehicle for  hire  by  the  appropriate  local
     8  authority,  in  violation of any of the provisions of this chapter or of
     9  any law, ordinance, rule or regulation made by  a  local  authority;  or
    10  (ii)  the  registrant  was  liable for a violation of subdivision (d) of
    11  section eleven hundred eleven of this  chapter  imposed  pursuant  to  a
    12  local  law  or  ordinance  imposing monetary liability on the owner of a
    13  vehicle for failure of an operator thereof to comply  with  traffic-con-
    14  trol  indications through the installation and operation of traffic-con-
    15  trol signal photo violation-monitoring systems, in accordance with arti-
    16  cle twenty-four of this chapter; or (iii) the registrant was liable  for
    17  a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
    18  hundred eighty of this  chapter  imposed  pursuant  to  a  demonstration
    19  program  imposing monetary liability on the owner of a vehicle for fail-
    20  ure of an operator thereof to comply  with  such  posted  maximum  speed
    21  limits  through  the installation and operation of photo speed violation
    22  monitoring systems, in accordance with article thirty of  this  chapter;
    23  or  (iv)  the  registrant  was  liable  for  a  violation  of  bus  lane
    24  restrictions as defined by article twenty-four of this  chapter  imposed
    25  pursuant  to  a bus rapid transit program imposing monetary liability on
    26  the owner of a vehicle for failure of an operator thereof to comply with
    27  such bus lane restrictions through the installation and operation of bus
    28  lane photo devices, in accordance with article twenty-four of this chap-
    29  ter; or (v) the registrant was liable for a violation of section  eleven
    30  hundred  seventy-four  of  this chapter when meeting a school bus marked
    31  and equipped as provided in  subdivisions  twenty  and  twenty-one-c  of
    32  section three hundred seventy-five of this chapter imposed pursuant to a
    33  local  law  or  ordinance  imposing monetary liability on the owner of a
    34  vehicle for failure of an operator thereof to comply with school bus red
    35  visual signals through the installation  and  operation  of  school  bus
    36  photo  violation  monitoring systems, in accordance with article twenty-
    37  nine of this chapter; or (vi) the registrant was liable for a  violation
    38  of  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
    39  this chapter imposed pursuant to a demonstration program imposing  mone-
    40  tary  liability  on  the  owner  of a vehicle for failure of an operator
    41  thereof to comply with such posted maximum speed limits within a highway
    42  construction or maintenance work area through the installation and oper-
    43  ation of photo speed violation monitoring systems,  in  accordance  with
    44  article  thirty  of  this  chapter, the commissioner or his or her agent
    45  shall deny the registration or renewal application until  the  applicant
    46  provides  proof from the court, traffic and parking violations agency or
    47  administrative tribunal wherein the charges are pending that an  appear-
    48  ance  or answer has been made or in the case of an administrative tribu-
    49  nal that he or she has complied with the rules and regulations  of  said
    50  tribunal  following  entry  of a final decision. Where an application is
    51  denied pursuant to this section, the commissioner may,  in  his  or  her
    52  discretion,  deny  a  registration  or  renewal application to any other
    53  person for the same vehicle and  may  deny  a  registration  or  renewal
    54  application  for  any  other motor vehicle registered in the name of the
    55  applicant where the commissioner has determined that  such  registrant's
    56  intent  has been to evade the purposes of this subdivision and where the

        S. 4682--B                         14
 
     1  commissioner has reasonable grounds to believe that such registration or
     2  renewal will have the effect of defeating the purposes of this  subdivi-
     3  sion.   Such denial shall only remain in effect as long as the summonses
     4  remain  unanswered,  or  in  the case of an administrative tribunal, the
     5  registrant fails to comply with  the  rules  and  regulations  following
     6  entry of a final decision.
     7    (ii)  For purposes of this paragraph, the term "motor vehicle operated
     8  for hire" shall mean and include a taxicab, livery, coach, limousine  or
     9  tow truck.
    10    §  8.  The  opening  paragraph  and  paragraph (c) of subdivision 1 of
    11  section 1809 of the vehicle and traffic law, as  separately  amended  by
    12  section  10  of  chapter 145 and section 9 of chapter 148 of the laws of
    13  2019, are amended to read as follows:
    14    Whenever proceedings in an administrative tribunal or a court of  this
    15  state  result  in  a  conviction  for an offense under this chapter or a
    16  traffic infraction under this chapter, or a local law,  ordinance,  rule
    17  or  regulation  adopted  pursuant  to this chapter, other than a traffic
    18  infraction involving standing, stopping, or  parking  or  violations  by
    19  pedestrians  or  bicyclists[, or other than an adjudication of liability
    20  of 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-a  of this chapter, or other than an adjudication of liability of
    23  an owner for a violation of subdivision (d) of  section  eleven  hundred
    24  eleven  of  this  chapter  in  accordance  with  section  eleven hundred
    25  eleven-b of this chapter, or other than an  adjudication  in  accordance
    26  with  section eleven hundred eleven-c of this chapter for a violation of
    27  a bus lane restriction as defined in such  section,  or  other  than  an
    28  adjudication of liability of an owner for a violation of subdivision (d)
    29  of  section  eleven  hundred  eleven  of this chapter in accordance with
    30  section eleven hundred eleven-d of this chapter, or other than an  adju-
    31  dication  of  liability  of an owner for a violation of subdivision (b),
    32  (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
    33  accordance with section eleven hundred  eighty-b  of  this  chapter,  or
    34  other  than  an adjudication of liability of an owner for a violation of
    35  subdivision (d) of section eleven hundred  eleven  of  this  chapter  in
    36  accordance  with  section  eleven  hundred  eleven-e of this chapter, or
    37  other than an adjudication of liability of an owner for a  violation  of
    38  section  eleven  hundred seventy-four of this chapter in accordance with
    39  section eleven hundred seventy-four-a of this chapter, or other than  an
    40  adjudication  of  liability  of  an owner for a violation of subdivision
    41  (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
    42  ter in accordance with section eleven hundred eighty-d of this chapter,]
    43  and except as otherwise provided by subdivision one-a of  this  section,
    44  there  shall  be  levied  a  crime victim assistance fee and a mandatory
    45  surcharge, in addition to any sentence required or permitted by law,  in
    46  accordance with the following schedule:
    47    (c)  Whenever  proceedings in an administrative tribunal or a court of
    48  this state result in a conviction for  an  offense  under  this  chapter
    49  other than a crime pursuant to section eleven hundred ninety-two of this
    50  chapter,  or  a  traffic  infraction under this chapter, or a local law,
    51  ordinance, rule or regulation adopted pursuant to  this  chapter,  other
    52  than  a  traffic  infraction involving standing, stopping, or parking or
    53  violations by pedestrians or bicyclists[, or other than an  adjudication
    54  of  liability  of an owner for a violation of subdivision (d) of section
    55  eleven hundred eleven of this chapter in accordance with section  eleven
    56  hundred  eleven-a  of  this  chapter,  or  other than an adjudication of

        S. 4682--B                         15

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

        S. 4682--B                         16

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

        S. 4682--B                         17

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

        S. 4682--B                         18

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

        S. 4682--B                         19

     1  hundred seventy-four of this chapter in accordance with  section  eleven
     2  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
     3  provided by subdivision one-a of this section, there shall be  levied  a
     4  mandatory  surcharge,  in addition to any sentence required or permitted
     5  by law, in the amount of seventeen dollars.
     6    § 8-g. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
     7  as  separately amended by section 10-g of chapter 145 and section 9-g of
     8  chapter 148 of the laws of 2019, is amended to read as follows:
     9    1. Whenever proceedings in an administrative tribunal or  a  court  of
    10  this  state  result  in a conviction for a crime under this chapter or a
    11  traffic infraction under this chapter other than  a  traffic  infraction
    12  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    13  violations by pedestrians or bicyclists[, or other than an  adjudication
    14  of liability of an owner for a violation of subdivision (b), (d), (f) or
    15  (g)  of section eleven hundred eighty of this chapter in accordance with
    16  section eleven hundred eighty-d of this chapter, or other than an  adju-
    17  dication  of  liability  of  an  owner for a violation of section eleven
    18  hundred seventy-four of this chapter in accordance with  section  eleven
    19  hundred  seventy-four-a  of  this  chapter,]  and  except  as  otherwise
    20  provided by subdivision one-a of this section, there shall be  levied  a
    21  mandatory  surcharge,  in addition to any sentence required or permitted
    22  by law, in the amount of seventeen dollars.
    23    § 8-h. Subdivision 1 of section 1809 of the vehicle and  traffic  law,
    24  as  separately  amended by chapter 16 of the laws of 1983 and chapter 62
    25  of the laws of 1989, is amended to read as follows:
    26    1. Whenever proceedings in an administrative tribunal or  a  court  of
    27  this  state  result  in a conviction for a crime under this chapter or a
    28  traffic infraction under this chapter other than  a  traffic  infraction
    29  involving  standing,  stopping,  parking  or  motor vehicle equipment or
    30  violations by pedestrians or bicyclists and except as otherwise provided
    31  by subdivision one-a of this section, there shall be levied a  mandatory
    32  surcharge,  in addition to any sentence required or permitted by law, in
    33  the amount of seventeen dollars.
    34    § 9. Section 1809 of the vehicle and traffic law is amended by  adding
    35  a new subdivision 1-a to read as follows:
    36    1-a.  Notwithstanding  the  provisions  of  subdivision  one  of  this
    37  section, the provisions of subdivision one of  this  section  shall  not
    38  apply  to  an adjudication of liability of owners: (a) for violations of
    39  subdivision (d) of section eleven hundred eleven of this chapter imposed
    40  pursuant to a local law or ordinance imposing monetary liability on  the
    41  owner  of  a  vehicle  for failure of an operator thereof to comply with
    42  traffic-control indications through the installation  and  operation  of
    43  traffic-control signal photo violation-monitoring systems, in accordance
    44  with  article  twenty-four  of  this  chapter;  or (b) for violations of
    45  subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
    46  of  this  chapter  imposed  pursuant to a demonstration program imposing
    47  monetary liability on the owner of a vehicle for failure of an  operator
    48  thereof  to  comply  with  such  posted maximum speed limits through the
    49  installation and operation of photo speed violation monitoring  systems,
    50  in accordance with article thirty of this chapter; or (c) for violations
    51  of bus lane restrictions as defined by article twenty-four of this chap-
    52  ter  imposed  pursuant  to a bus rapid transit program imposing monetary
    53  liability on the owner of a vehicle for failure of an  operator  thereof
    54  to  comply  with such bus lane restrictions through the installation and
    55  operation of bus lane photo devices, in accordance with article  twenty-
    56  four  of  this  chapter;  or (d) for violations of toll collection regu-

        S. 4682--B                         20
 
     1  lations imposed by  certain  public  authorities  pursuant  to  the  law
     2  authorizing  such public authorities to impose monetary liability on the
     3  owner of a vehicle for failure of an operator  thereof  to  comply  with
     4  toll  collection  regulations  of  such  public  authorities through the
     5  installation and operation of photo-monitoring  systems,  in  accordance
     6  with  the provisions of section two thousand nine hundred eighty-five of
     7  the  public  authorities  law  and  sections  sixteen-a,  sixteen-b  and
     8  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
     9  hundred fifty; or (e) for violations of section eleven hundred  seventy-
    10  four  of  this  chapter when meeting a school bus marked and equipped as
    11  provided in  subdivisions  twenty  and  twenty-one-c  of  section  three
    12  hundred  seventy-five of this chapter imposed pursuant to a local law or
    13  ordinance imposing monetary liability on the  owner  of  a  vehicle  for
    14  failure  of  an  operator  thereof  to comply with school bus red visual
    15  signals through the installation  and  operation  of  school  bus  photo
    16  violation  monitoring systems, in accordance with article twenty-nine of
    17  this chapter; or (f) for violations of subdivision (b), (d), (f) or  (g)
    18  of  section  eleven hundred eighty of this chapter imposed pursuant to a
    19  demonstration program imposing monetary liability  on  the  owner  of  a
    20  vehicle  for  failure  of an operator thereof to comply with such posted
    21  maximum speed limits within a highway construction or  maintenance  work
    22  area  through  the  installation  and operation of photo speed violation
    23  monitoring systems, in accordance with article thirty of this chapter.
    24    § 10. Paragraph a of subdivision 1 of section 1809-e  of  the  vehicle
    25  and  traffic  law  is REPEALED and a new paragraph a is added to read as
    26  follows:
    27    a. Notwithstanding any other provision of law, whenever proceedings in
    28  a court or  an  administrative  tribunal  of  this  state  result  in  a
    29  conviction for an offense under this chapter, except a conviction pursu-
    30  ant to section eleven hundred ninety-two of this chapter, or for a traf-
    31  fic  infraction  under  this chapter, or a local law, ordinance, rule or
    32  regulation adopted pursuant to  this  chapter,  except:  (i)  a  traffic
    33  infraction  involving  standing,  stopping,  or parking or violations by
    34  pedestrians or bicyclists; and (ii) an adjudication of liability  of  an
    35  owner for a violation of subdivision (d) of section eleven hundred elev-
    36  en of this chapter imposed pursuant to a local law or ordinance imposing
    37  monetary  liability on the owner of a vehicle for failure of an operator
    38  thereof to comply with traffic-control indications through the installa-
    39  tion and operation of traffic-control signal photo  violation-monitoring
    40  systems,  in  accordance  with  article twenty-four of this chapter; and
    41  (iii) an adjudication of liability of an owner for a violation of subdi-
    42  vision (b), (c), (d), (f) or (g) of section  eleven  hundred  eighty  of
    43  this  chapter imposed pursuant to a demonstration program imposing mone-
    44  tary liability on the owner of a vehicle  for  failure  of  an  operator
    45  thereof  to  comply  with  such  posted maximum speed limits through the
    46  installation and operation of photo speed violation monitoring  systems,
    47  in  accordance  with article thirty of this chapter; and (iv) an adjudi-
    48  cation of liability of an owner for a violation of bus lane restrictions
    49  as defined by article twenty-four of this chapter imposed pursuant to  a
    50  bus  rapid transit program imposing monetary liability on the owner of a
    51  vehicle for failure of an operator thereof to comply with such bus  lane
    52  restrictions  through  the  installation and operation of bus lane photo
    53  devices, in accordance with article twenty-four of this chapter; and (v)
    54  an adjudication of liability  of  an  owner  for  a  violation  of  toll
    55  collection regulations imposed by certain public authorities pursuant to
    56  the law authorizing such public authorities to impose monetary liability

        S. 4682--B                         21
 
     1  on  the  owner of a vehicle for failure of an operator thereof to comply
     2  with toll collection regulations of such public authorities through  the
     3  installation  and  operation  of photo-monitoring systems, in accordance
     4  with section two thousand nine hundred eighty-five of the public author-
     5  ities  law  or  sections  sixteen-a,  sixteen-b and sixteen-c of chapter
     6  seven hundred seventy-four of the laws of nineteen  hundred  fifty;  and
     7  (vi) an adjudication of liability of an owner for a violation of section
     8  eleven  hundred  seventy-four  of this chapter when meeting a school bus
     9  marked and equipped as provided in subdivisions twenty and  twenty-one-c
    10  of  section  three hundred seventy-five of this chapter imposed pursuant
    11  to a local law or ordinance imposing monetary liability on the owner  of
    12  a  vehicle  for failure of an operator thereof to comply with school bus
    13  red visual signals through the installation and operation of school  bus
    14  photo  violation  monitoring systems, in accordance with article twenty-
    15  nine of this chapter; and (vii) an adjudication of liability of an owner
    16  for a violation of subdivision (b), (d), (f) or (g)  of  section  eleven
    17  hundred  eighty  of  this  chapter  imposed  pursuant to a demonstration
    18  program imposing monetary liability on the owner of a vehicle for  fail-
    19  ure  of  an  operator  thereof  to comply with such posted maximum speed
    20  limits within a highway construction or maintenance  work  area  through
    21  the  installation  and  operation  of  photo  speed violation monitoring
    22  systems, in accordance with article thirty of this chapter, there  shall
    23  be  levied  in  addition  to  any  sentence,  penalty or other surcharge
    24  required or permitted by law, an additional  surcharge  of  twenty-eight
    25  dollars.
    26    §  11.  The  general  municipal law is amended by adding a new section
    27  371-a to read as follows:
    28    § 371-a. Additional jurisdiction and procedure related to the  adjudi-
    29  cation  of  certain  notices  of  liability. A traffic violations bureau
    30  established pursuant to  subdivision  one  and  a  traffic  and  parking
    31  violations  agency  established  pursuant  to subdivision two of section
    32  three hundred seventy-one of this article may be authorized  to  adjudi-
    33  cate,  in  accordance with the provisions of this article, the liability
    34  of owners: (a) for violations  of  subdivision  (d)  of  section  eleven
    35  hundred  eleven  of  the  vehicle  and traffic law imposed pursuant to a
    36  local law or ordinance imposing monetary liability on  the  owner  of  a
    37  vehicle  for  failure of an operator thereof to comply with traffic-con-
    38  trol indications through the installation and operation of  traffic-con-
    39  trol signal photo violation-monitoring systems, in accordance with arti-
    40  cle twenty-four of the vehicle and traffic law; or (b) for violations of
    41  section  eleven hundred seventy-four of the vehicle and traffic law when
    42  meeting a school bus marked and equipped  as  provided  in  subdivisions
    43  twenty  and  twenty-one-c  of  section three hundred seventy-five of the
    44  vehicle and traffic law imposed pursuant to a  local  law  or  ordinance
    45  imposing  monetary liability on the owner of a vehicle for failure of an
    46  operator thereof to comply with school bus red  visual  signals  through
    47  the  installation and operation of school bus photo violation monitoring
    48  systems, in accordance with article twenty-nine of the vehicle and traf-
    49  fic law; or (c) for violations of subdivision (b), (d), (f)  or  (g)  of
    50  section  eleven  hundred  eighty  of the vehicle and traffic law imposed
    51  pursuant to a demonstration program imposing monetary liability  on  the
    52  owner  of  a  vehicle  for failure of an operator thereof to comply with
    53  such posted maximum speed limits within a highway construction or  main-
    54  tenance  work area through the installation and operation of photo speed
    55  violation monitoring systems, in accordance with article thirty of  this
    56  chapter.

        S. 4682--B                         22
 
     1    §  12.  The vehicle and traffic law is amended by adding a new section
     2  1180-e to read as follows:
     3    §  1180-e.  Owner  liability  for  failure  of operator to comply with
     4  certain posted maximum speed limits. (a) 1.  Notwithstanding  any  other
     5  provision  of  law, the commissioner of transportation is hereby author-
     6  ized to establish a demonstration program imposing monetary liability on
     7  the owner of a vehicle for failure of an operator thereof to comply with
     8  posted maximum speed limits in a  highway  construction  or  maintenance
     9  work  area  located  on  a  controlled-access  highway  (i) when highway
    10  construction or maintenance work is occurring  and  a  work  area  speed
    11  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    12  subdivision (f) of section eleven hundred eighty of this article or (ii)
    13  when highway construction or maintenance work  is  occurring  and  other
    14  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    15  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    16  this  article. Such demonstration program shall empower the commissioner
    17  to install photo speed violation monitoring systems within no more  than
    18  twenty  highway  construction or maintenance work areas located on cont-
    19  rolled-access highways and to operate  such  systems  within  such  work
    20  areas  (iii)  when highway construction or maintenance work is occurring
    21  and a work area speed limit is in effect as provided in paragraph two of
    22  subdivision (d) or subdivision (f) of section eleven hundred  eighty  of
    23  this  article  or  (iv) when highway construction or maintenance work is
    24  occurring and other speed limits are in effect as provided  in  subdivi-
    25  sion  (b)  or  (g) or paragraph one of subdivision (d) of section eleven
    26  hundred eighty of this article.  The commissioner, in consultation  with
    27  the  superintendent of the division of state police, shall determine the
    28  location of the highway construction or maintenance work  areas  located
    29  on  a  controlled-access  highway  in which to install and operate photo
    30  speed violation monitoring systems. In selecting a highway  construction
    31  or  maintenance  work area in which to install and operate a photo speed
    32  violation monitoring system, the commissioner  shall  consider  criteria
    33  including,  but not limited to, the speed data, crash history, and road-
    34  way geometry applicable to such highway construction or maintenance work
    35  area.  A photo speed violation monitoring system shall not be  installed
    36  or operated on a controlled-access highway exit ramp.
    37    2.  Notwithstanding any other provision of law, after holding a public
    38  hearing in accordance  with  the  public  officers  law  and  subsequent
    39  approval  of  the establishment of a demonstration program in accordance
    40  with this section by a majority of the members of the  entire  board  of
    41  the  thruway  authority,  the  chair  of the thruway authority is hereby
    42  authorized  to  establish  a  demonstration  program  imposing  monetary
    43  liability  on  the owner of a vehicle for failure of an operator thereof
    44  to comply with posted maximum speed limits in a highway construction  or
    45  maintenance   work   area  located  on  the  thruway  (i)  when  highway
    46  construction or maintenance work is occurring  and  a  work  area  speed
    47  limit  is  in  effect as provided in paragraph two of subdivision (d) or
    48  subdivision (f) of section eleven hundred eighty of this article or (ii)
    49  when highway construction or maintenance work  is  occurring  and  other
    50  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
    51  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
    52  this  article.  Such  demonstration  program  shall empower the chair to
    53  install photo speed violation monitoring systems within no more than ten
    54  highway construction or maintenance work areas located  on  the  thruway
    55  and  to  operate  such systems within such work areas (iii) when highway
    56  construction or maintenance work is occurring  and  a  work  area  speed

        S. 4682--B                         23
 
     1  limit  is  in  effect as provided in paragraph two of subdivision (d) or
     2  subdivision (f) of section eleven hundred eighty of this article or (iv)
     3  when highway construction or maintenance work  is  occurring  and  other
     4  speed  limits  are  in  effect  as provided in subdivision (b) or (g) or
     5  paragraph one of subdivision (d) of section  eleven  hundred  eighty  of
     6  this  article. The chair, in consultation with the superintendent of the
     7  division of state police, shall determine the location  of  the  highway
     8  construction  or  maintenance work areas located on the thruway in which
     9  to install and operate photo  speed  violation  monitoring  systems.  In
    10  selecting  a  highway  construction or maintenance work area in which to
    11  install and operate a photo speed violation monitoring system, the chair
    12  shall consider criteria including, but not limited to, the  speed  data,
    13  crash   history,   and  roadway  geometry  applicable  to  such  highway
    14  construction or maintenance work area.  A photo speed violation monitor-
    15  ing system shall not be installed or operated on a thruway exit ramp.
    16    3. No photo speed violation monitoring system shall be used in a high-
    17  way construction or maintenance work area unless (i) on the day it is to
    18  be used it has successfully passed a self-test  of  its  functions;  and
    19  (ii)  it has undergone an annual calibration check performed pursuant to
    20  paragraph five of this subdivision. The commissioner or chair, as appli-
    21  cable, shall install signs giving notice that a  photo  speed  violation
    22  monitoring  system  is in use, in conformance with standards established
    23  in the MUTCD.
    24    4. Operators of photo speed violation monitoring  systems  shall  have
    25  completed  training in the procedures for setting up, testing, and oper-
    26  ating such systems. Each such operator shall complete and sign  a  daily
    27  set-up  log for each such system that he or she operates that (i) states
    28  the date and time when, and the location where, the system  was  set  up
    29  that day, and (ii) states that such operator successfully performed, and
    30  the  system  passed,  the  self-tests  of such system before producing a
    31  recorded image that day. The commissioner or the chair,  as  applicable,
    32  shall  retain  each  such daily log until the later of the date on which
    33  the photo speed violation monitoring system to which it applies has been
    34  permanently removed from use  or  the  final  resolution  of  all  cases
    35  involving  notices of liability issued based on photographs, microphoto-
    36  graphs, video or other recorded images produced by such system.
    37    5. Each photo speed violation monitoring system shall undergo an annu-
    38  al calibration check performed by an independent calibration  laboratory
    39  which  shall issue a signed certificate of calibration. The commissioner
    40  or the chair, as applicable, shall keep each such annual certificate  of
    41  calibration  on file until the final resolution of all cases involving a
    42  notice of liability issued during such year which were based  on  photo-
    43  graphs, microphotographs, videotape or other recorded images produced by
    44  such photo speed violation monitoring system.
    45    6. (i) Such demonstration program shall utilize necessary technologies
    46  to  ensure,  to  the  extent  practicable, that photographs, microphoto-
    47  graphs, videotape or other recorded images produced by such photo  speed
    48  violation  monitoring systems shall not include images that identify the
    49  driver, the passengers, or the contents of the vehicle. Provided, howev-
    50  er, that no notice of liability issued pursuant to this section shall be
    51  dismissed solely because such a photograph,  microphotograph,  videotape
    52  or other recorded image allows for the identification of the driver, the
    53  passengers,  or  the  contents of vehicles where the commissioner or the
    54  chair, as applicable, shows that they made reasonable efforts to  comply
    55  with the provisions of this paragraph in such case.

        S. 4682--B                         24

     1    (ii)  Photographs,  microphotographs,  videotape or any other recorded
     2  image from a photo speed violation monitoring system shall  be  for  the
     3  exclusive  use  of the commissioner or the chair, as applicable, for the
     4  purpose of the  adjudication  of  liability  imposed  pursuant  to  this
     5  section  and  of  the  owner receiving a notice of liability pursuant to
     6  this section, and shall be destroyed by the commissioner  or  chair,  as
     7  applicable,  upon  the  final  resolution  of the notice of liability to
     8  which such photographs, microphotographs, videotape  or  other  recorded
     9  images relate, or one year following the date of issuance of such notice
    10  of  liability, whichever is later. Notwithstanding the provisions of any
    11  other law, rule or regulation to the contrary, photographs,  microphoto-
    12  graphs,  videotape  or  any  other  recorded  image  from  a photo speed
    13  violation monitoring system shall not be open to the public, nor subject
    14  to civil or criminal process or discovery, nor  used  by  any  court  or
    15  administrative  or adjudicatory body in any action or proceeding therein
    16  except that which is necessary for  the  adjudication  of  a  notice  of
    17  liability  issued  pursuant  to  this  section,  and no public entity or
    18  employee, officer or agent  thereof  shall  disclose  such  information,
    19  except  that  such photographs, microphotographs, videotape or any other
    20  recorded images from such systems:
    21    (A) shall be available for inspection and copying and use by the motor
    22  vehicle owner and operator for so long as such photographs,  microphoto-
    23  graphs, videotape or other recorded images are required to be maintained
    24  or are maintained by such public entity, employee, officer or agent; and
    25    (B)  (1)  shall be furnished when described in a search warrant issued
    26  by a court authorized to issue such a search warrant pursuant to article
    27  six hundred ninety of the criminal procedure  law  or  a  federal  court
    28  authorized  to issue such a search warrant under federal law, where such
    29  search warrant states that there is reasonable  cause  to  believe  such
    30  information  constitutes  evidence  of,  or tends to demonstrate that, a
    31  misdemeanor or felony offense was committed in  this  state  or  another
    32  state,  or  that a particular person participated in the commission of a
    33  misdemeanor or felony offense in this state or another state,  provided,
    34  however, that if such offense was against the laws of another state, the
    35  court  shall only issue a warrant if the conduct comprising such offense
    36  would, if occurring in this state, constitute a  misdemeanor  or  felony
    37  against the laws of this state; and
    38    (2) shall be furnished in response to a subpoena duces tecum signed by
    39  a  judge  of  competent  jurisdiction and issued pursuant to article six
    40  hundred ten of the criminal procedure law or a judge or magistrate of  a
    41  federal  court  authorized  to  issue  such a subpoena duces tecum under
    42  federal law, where the judge finds and the subpoena states that there is
    43  reasonable cause to believe such information is relevant and material to
    44  the prosecution, or the defense, or the investigation by  an  authorized
    45  law  enforcement official, of the alleged commission of a misdemeanor or
    46  felony in this state or another state, provided, however, that  if  such
    47  offense  was against the laws of another state, such judge or magistrate
    48  shall only issue such subpoena if the conduct  comprising  such  offense
    49  would, if occurring in this state, constitute a misdemeanor or felony in
    50  this state; and
    51    (3)  may,  if lawfully obtained pursuant to this clause and clause (A)
    52  of this subparagraph and otherwise admissible, be used in such  criminal
    53  action or proceeding.
    54    (b)  If  the commissioner or chair establishes a demonstration program
    55  pursuant to subdivision (a) of this section,  the  owner  of  a  vehicle
    56  shall  be  liable for a penalty imposed pursuant to this section if such

        S. 4682--B                         25
 
     1  vehicle was used or operated with the permission of the  owner,  express
     2  or  implied,  within  a  highway  construction  or maintenance work area
     3  located on a controlled-access highway or on the thruway in violation of
     4  paragraph two of subdivision (d) or subdivision (f), or when other speed
     5  limits are in effect in violation of subdivision (b) or (g) or paragraph
     6  one  of  subdivision (d), of section eleven hundred eighty of this arti-
     7  cle, such vehicle was traveling at a speed of more than  ten  miles  per
     8  hour  above  the  posted  speed  limit  in  effect  within  such highway
     9  construction or maintenance work area, and such violation  is  evidenced
    10  by  information obtained from a photo speed violation monitoring system;
    11  provided however that no owner of a vehicle shall be liable for a penal-
    12  ty imposed pursuant to this section where the operator of  such  vehicle
    13  has  been convicted of the underlying violation of subdivision (b), (d),
    14  (f) or (g) of section eleven hundred eighty of this article.
    15    (c) For purposes of this section, the following terms shall  have  the
    16  following meanings:
    17    1. "chair" shall mean the chair of the New York state thruway authori-
    18  ty;
    19    2. "commissioner" shall mean the commissioner of transportation;
    20    3.  "controlled-access highway" shall mean a controlled-access highway
    21  as defined by section one hundred nine of this chapter under the commis-
    22  sioner's jurisdiction   which has been functionally  classified  by  the
    23  department of transportation as principal arterial - interstate or prin-
    24  cipal arterial - other freeway/expressway on official functional classi-
    25  fication maps approved by the federal highway administration pursuant to
    26  part  470.105 of title 23 of the code of federal regulations, as amended
    27  from time to time;
    28    4. "manual on uniform traffic control devices" or "MUTCD"  shall  mean
    29  the  manual  and  specifications for a uniform system of traffic control
    30  devices maintained by the commissioner  of  transportation  pursuant  to
    31  section sixteen hundred eighty of this chapter;
    32    5.  "owner"  shall  have the meaning provided in article two-B of this
    33  chapter;
    34    6. "photo speed violation monitoring  system"  shall  mean  a  vehicle
    35  sensor  installed  to  work in conjunction with a speed measuring device
    36  which automatically produces two or more photographs, two or more micro-
    37  photographs, a videotape or other recorded images of each vehicle at the
    38  time it is used or operated in a  highway  construction  or  maintenance
    39  work  area  located  on a controlled-access highway or on the thruway in
    40  violation of subdivision (b), (d), (f) or (g) of section eleven  hundred
    41  eighty  of  this  article  in  accordance  with  the  provisions of this
    42  section;
    43    7. "thruway authority" shall mean the New York state thruway  authori-
    44  ty,  a  body  corporate  and  politic  constituting a public corporation
    45  created and constituted pursuant to title nine of  article  two  of  the
    46  public authorities law; and
    47    8.  "thruway"  shall mean generally a divided highway under the juris-
    48  diction of the thruway authority for mixed traffic with  access  limited
    49  as  the  authority may determine and generally with grade separations at
    50  intersections.
    51    (d) A certificate, sworn to or affirmed by a  technician  employed  by
    52  the  commissioner  or chair as applicable, or a facsimile thereof, based
    53  upon inspection of photographs,  microphotographs,  videotape  or  other
    54  recorded  images  produced by a photo speed violation monitoring system,
    55  shall be prima facie evidence of the facts contained therein. Any photo-
    56  graphs, microphotographs, videotape or other recorded images  evidencing

        S. 4682--B                         26
 
     1  such a violation shall include at least two date and time stamped images
     2  of the rear of the motor vehicle that include the same stationary object
     3  near  the motor vehicle and shall be available for inspection reasonably
     4  in advance of and at any proceeding to adjudicate the liability for such
     5  violation pursuant to this section.
     6    (e)  An  owner  liable for a violation of subdivision (b), (d), (f) or
     7  (g) of section eleven hundred eighty  of  this  article  pursuant  to  a
     8  demonstration  program  established  pursuant  to  this section shall be
     9  liable for monetary penalties not to exceed fifty dollars  for  a  first
    10  violation,  seventy-five  dollars  for  a second violation both of which
    11  were committed within a period  of  eighteen  months,  and  one  hundred
    12  dollars  for a third or subsequent violation all of which were committed
    13  within a period of eighteen months; provided,  however,  that  an  addi-
    14  tional  penalty  not in excess of twenty-five dollars for each violation
    15  may be imposed for the failure to respond to a notice of liability with-
    16  in the prescribed time period.
    17    (f) An imposition of liability under the demonstration program  estab-
    18  lished  pursuant  to this section shall not be deemed a conviction as an
    19  operator and shall not be made part  of  the  operating  record  of  the
    20  person  upon  whom  such  liability  is imposed nor shall it be used for
    21  insurance purposes in the provision of motor vehicle insurance coverage.
    22    (g) 1. A notice of liability shall be sent by first class mail to each
    23  person alleged to be liable as an owner for a violation  of  subdivision
    24  (b),  (d),  (f)  or (g) of section eleven hundred eighty of this article
    25  pursuant to this section, within fourteen business days if such owner is
    26  a resident of this state and within forty-five  business  days  if  such
    27  owner  is  a  non-resident.  Personal delivery on the owner shall not be
    28  required. A manual or automatic record of mailing prepared in the  ordi-
    29  nary  course  of  business  shall  be  prima facie evidence of the facts
    30  contained therein.
    31    2. A notice of liability shall contain the name  and  address  of  the
    32  person  alleged  to be liable as an owner for a violation of subdivision
    33  (b), (d), (f) or (g) of section eleven hundred eighty  of  this  article
    34  pursuant  to  this  section,  the  registration  number  of  the vehicle
    35  involved in such violation,  the  location  where  such  violation  took
    36  place, the date and time of such violation, the identification number of
    37  the  camera  which  recorded  the  violation  or  other document locator
    38  number, at least two date and time stamped images of  the  rear  of  the
    39  motor  vehicle  that  include  the same stationary object near the motor
    40  vehicle, and the certificate charging the liability.
    41    3. The notice of liability  shall  contain  information  advising  the
    42  person charged of the manner and the time in which he or she may contest
    43  the liability alleged in the notice. Such notice of liability shall also
    44  contain a prominent warning to advise the person charged that failure to
    45  contest  in the manner and time provided shall be deemed an admission of
    46  liability and that a default judgment may be entered thereon.
    47    4. The notice of liability shall be prepared and mailed by the commis-
    48  sioner or chair as applicable, or by any other entity authorized by  the
    49  commissioner or chair to prepare and mail such notice of liability.
    50    (h)  Adjudication of the liability imposed upon owners of this section
    51  shall be by a traffic violations bureau established pursuant to  section
    52  three  hundred  seventy of the general municipal law where the violation
    53  occurred or, if there be none, by the  court  having  jurisdiction  over
    54  traffic  infractions where the violation occurred, except that if a city
    55  has  established  an  administrative  tribunal  to  hear  and  determine
    56  complaints  of  traffic  infractions  constituting  parking, standing or

        S. 4682--B                         27
 
     1  stopping violations such city may, by local law, authorize such  adjudi-
     2  cation by such tribunal.
     3    (i)  If  an  owner  receives  a  notice  of liability pursuant to this
     4  section for any time period during which the vehicle or the number plate
     5  or plates of such vehicle was  reported  to  the  police  department  as
     6  having  been  stolen,  it  shall  be a valid defense to an allegation of
     7  liability for a violation of subdivision (b), (d), (f) or (g) of section
     8  eleven hundred eighty of this article pursuant to this section that  the
     9  vehicle  or the number plate or plates of such vehicle had been reported
    10  to the police as stolen prior to the time the violation occurred and had
    11  not been recovered by such time. For purposes of asserting  the  defense
    12  provided  by  this  subdivision, it shall be sufficient that a certified
    13  copy of the police report on the  stolen  vehicle  or  number  plate  or
    14  plates  of  such  vehicle  be  sent  by  first class mail to the traffic
    15  violations bureau,  court  having  jurisdiction  or  parking  violations
    16  bureau.
    17    (j)  1. Where the adjudication of liability imposed upon owners pursu-
    18  ant to this section is by a traffic violations bureau or a court  having
    19  jurisdiction, an owner who is a lessor of a vehicle to which a notice of
    20  liability  was  issued pursuant to subdivision (g) of this section shall
    21  not be liable for the violation of subdivision (b), (d), (f) or  (g)  of
    22  section  eleven hundred eighty of this article pursuant to this section,
    23  provided that he or she sends to the traffic violations bureau or  court
    24  having  jurisdiction  a copy of the rental, lease or other such contract
    25  document covering such vehicle on the date of the  violation,  with  the
    26  name and address of the lessee clearly legible, within thirty-seven days
    27  after  receiving notice from the bureau or court of the date and time of
    28  such violation, together with the other  information  contained  in  the
    29  original  notice  of  liability. Failure to send such information within
    30  such thirty-seven day time period shall render the owner liable for  the
    31  penalty  prescribed by this section.  Where the lessor complies with the
    32  provisions of this paragraph, the lessee of such vehicle on the date  of
    33  such  violation  shall  be  deemed  to  be the owner of such vehicle for
    34  purposes of  this  section,  shall  be  subject  to  liability  for  the
    35  violation  of subdivision (b), (d), (f) or (g) of section eleven hundred
    36  eighty of this article pursuant to this section  and  shall  be  sent  a
    37  notice of liability pursuant to subdivision (g) of this section.
    38    2.  (i) In a city which, by local law, has authorized the adjudication
    39  of liability imposed upon owners by this section by a parking violations
    40  bureau, an owner who is a lessor of a  vehicle  to  which  a  notice  of
    41  liability  was  issued pursuant to subdivision (g) of this section shall
    42  not be liable for the violation of subdivision (b), (d), (f) or  (g)  of
    43  section eleven hundred eighty of this article, provided that:
    44    (A)  prior  to  the violation, the lessor has filed with the bureau in
    45  accordance with the provisions of section  two  hundred  thirty-nine  of
    46  this chapter; and
    47    (B) within thirty-seven days after receiving notice from the bureau of
    48  the  date  and  time of a liability, together with the other information
    49  contained in the original notice of liability, the lessor submits to the
    50  bureau the correct name and address of the lessee of the vehicle identi-
    51  fied in the notice of liability at the time of such violation,  together
    52  with such other additional information contained in the rental, lease or
    53  other  contract  document,  as  may be reasonably required by the bureau
    54  pursuant to regulations that may be promulgated for such purpose.

        S. 4682--B                         28
 
     1    (ii) Failure to comply with clause (B) of  subparagraph  (i)  of  this
     2  paragraph  shall  render  the owner liable for the penalty prescribed in
     3  this section.
     4    (iii) Where the lessor complies with the provisions of this paragraph,
     5  the lessee of such vehicle on the date of such violation shall be deemed
     6  to  be  the owner of such vehicle for purposes of this section, shall be
     7  subject to liability for such violation pursuant  to  this  section  and
     8  shall  be sent a notice of liability pursuant to subdivision (g) of this
     9  section.
    10    (k) 1. If the owner liable for a violation of  subdivision  (b),  (d),
    11  (f)  or (g) of section eleven hundred eighty of this article pursuant to
    12  this section was not the operator of the vehicle  at  the  time  of  the
    13  violation,  the owner may maintain an action for indemnification against
    14  the operator.
    15    2. Notwithstanding any other provision of this section, no owner of  a
    16  vehicle  shall  be  subject  to a monetary fine imposed pursuant to this
    17  section if the operator of such vehicle was operating such vehicle with-
    18  out the consent of the owner at the time  such  operator  operated  such
    19  vehicle  in  violation  of  subdivision  (b), (d), (f) or (g) of section
    20  eleven hundred eighty of this article.  For purposes of this subdivision
    21  there shall be a presumption that the operator of such vehicle was oper-
    22  ating such vehicle with the consent of the owner at the time such opera-
    23  tor operated such vehicle in violation of subdivision (b), (d),  (f)  or
    24  (g) of section eleven hundred eighty of this article.
    25    (l)  Nothing in this section shall be construed to limit the liability
    26  of an operator of a vehicle for any violation of subdivision  (b),  (d),
    27  (f) or (g) of section eleven hundred eighty of this article.
    28    (m) If the commissioner or chair adopts a demonstration program pursu-
    29  ant  to  subdivision  (a)  of this section the commissioner or chair, as
    30  applicable, shall conduct a study and submit a report on or  before  May
    31  first, two thousand twenty-four and a report on or before May first, two
    32  thousand  twenty-six  on  the results of the use of photo devices to the
    33  governor, the temporary president of the senate and the speaker  of  the
    34  assembly.  The commissioner or chair shall also make such reports avail-
    35  able  on  their  public-facing  websites, provided that they may provide
    36  aggregate data from paragraph one of this subdivision if the commission-
    37  er or chair finds that publishing specific location data would  jeopard-
    38  ize public safety.  Such report shall include:
    39    1. the locations where and dates when photo speed violation monitoring
    40  systems were used;
    41    2.  the  aggregate  number,  type and severity of crashes, fatalities,
    42  injuries and property damage reported within all highway construction or
    43  maintenance work areas on controlled-access highways or on the  thruway,
    44  to  the  extent the information is maintained by the commissioner, chair
    45  or the department of motor vehicles of this state;
    46    3. the aggregate number, type and  severity  of  crashes,  fatalities,
    47  injuries  and  property  damage  reported within highway construction or
    48  maintenance work areas where photo speed  violation  monitoring  systems
    49  were  used,  to  the extent the information is maintained by the commis-
    50  sioner, chair or the department of motor vehicles of this state;
    51    4. the number of violations recorded within all  highway  construction
    52  or  maintenance work areas on controlled-access highways or on the thru-
    53  way, in the aggregate on a daily, weekly and monthly basis to the extent
    54  the information is maintained by the commissioner, chair or the  depart-
    55  ment of motor vehicles of this state;

        S. 4682--B                         29
 
     1    5.  the number of violations recorded within each highway construction
     2  or maintenance work area where a photo speed violation monitoring system
     3  is used, in the aggregate on a daily, weekly and monthly basis;
     4    6.  to  the  extent the information is maintained by the commissioner,
     5  chair or the department of motor vehicles of this state, the  number  of
     6  violations  recorded within all highway construction or maintenance work
     7  areas on controlled-access highways or on the thruway that were:
     8    (i) more than ten but not more than twenty miles  per  hour  over  the
     9  posted speed limit;
    10    (ii) more than twenty but not more than thirty miles per hour over the
    11  posted speed limit;
    12    (iii) more than thirty but not more than forty miles per hour over the
    13  posted speed limit; and
    14    (iv) more than forty miles per hour over the posted speed limit;
    15    7.  the number of violations recorded within each highway construction
    16  or maintenance work area where a photo speed violation monitoring system
    17  is used that were:
    18    (i) more than ten but not more than twenty miles  per  hour  over  the
    19  posted speed limit;
    20    (ii) more than twenty but not more than thirty miles per hour over the
    21  posted speed limit;
    22    (iii) more than thirty but not more than forty miles per hour over the
    23  posted speed limit; and
    24    (iv) more than forty miles per hour over the posted speed limit;
    25    8.  the  total  number  of  notices of liability issued for violations
    26  recorded by such systems;
    27    9. the number of fines and total amount of fines paid after the  first
    28  notice  of  liability issued for violations recorded by such systems, to
    29  the extent the information is maintained by the commissioner,  chair  or
    30  the department of motor vehicles of this state;
    31    10. the number of violations adjudicated and the results of such adju-
    32  dications  including  breakdowns  of  dispositions  made  for violations
    33  recorded by such systems, to the extent the information is maintained by
    34  the commissioner, chair or the department  of  motor  vehicles  of  this
    35  state;
    36    11.  the  total  amount  of  revenue  realized by the state or thruway
    37  authority in connection with the program;
    38    12. the expenses incurred by the state or  the  thruway  authority  in
    39  connection with the program;
    40    13. an itemized list of expenditures made by the state and the thruway
    41  authority  on  work  zone  safety projects undertaken in accordance with
    42  subdivisions eleven and twelve of section eighteen hundred three of this
    43  chapter; and
    44    14. the quality of the adjudication process and its  results,  to  the
    45  extent  the  information is maintained by the commissioner, chair or the
    46  department of motor vehicles of this state.
    47    (n) It shall be a defense to any prosecution for a violation of subdi-
    48  vision (b), (d), (f) or (g) of section eleven  hundred  eighty  of  this
    49  article  pursuant  to this section that such photo speed violation moni-
    50  toring system was malfunctioning at the time of the alleged violation.
    51    § 13. Section 1803 of the vehicle and traffic law is amended by adding
    52  two new subdivisions 11 and 12 to read as follows:
    53    11. Except as otherwise provided in paragraph e of subdivision one  of
    54  this section, where the commissioner of transportation has established a
    55  demonstration  program  imposing  monetary  liability  on the owner of a
    56  vehicle for failure of an operator thereof to  comply  with  subdivision

        S. 4682--B                         30
 
     1  (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
     2  accordance  with  section  eleven  hundred eighty-e of this chapter, any
     3  fine or penalty collected by a court, judge, magistrate or other officer
     4  for  an  imposition  of  liability which occurs pursuant to such program
     5  shall be paid to the state comptroller within the first ten days of  the
     6  month following collection. Every such payment shall be accompanied by a
     7  statement  in such form and detail as the comptroller shall provide. The
     8  comptroller shall pay eighty percent of any such fine or penalty imposed
     9  for such liability to the general fund, and twenty percent of  any  such
    10  fine  or  penalty  to  the  city, town or village in which the violation
    11  giving rise to the liability occurred.  With respect to  the  percentage
    12  of  fines  or  penalties  paid  to  the general fund, no less than sixty
    13  percent shall be dedicated to department  of  transportation  work  zone
    14  safety  projects  after  deducting  the expenses necessary to administer
    15  such demonstration program, provided, however, that such funds  provided
    16  pursuant  to  this subdivision shall be payable on the audit and warrant
    17  of the comptroller and shall only be used to supplement and not supplant
    18  current expenditures of state funds on work zone  safety  projects.  For
    19  the  purposes  of  this  subdivision,  "work zone safety projects" shall
    20  apply to work zones under the jurisdiction of the department  of  trans-
    21  portation  and  shall  include,  but  not  be limited to, inspection and
    22  implementation of work zone design, maintenance, traffic plans and mark-
    23  ings, worker safety training, contractor outreach, enforcement  efforts,
    24  radar speed display signs at major active work zones and police presence
    25  at  major  active  work  zones, as provided in section twenty-two of the
    26  transportation law.   All fines, penalties and  forfeitures  paid  to  a
    27  city,  town  or  village  pursuant to the provisions of this subdivision
    28  shall be credited to the general fund of such  city,  town  or  village,
    29  unless  a  different  disposition is prescribed by charter, special law,
    30  local law or ordinance.
    31    12. Except as otherwise provided in paragraph e of subdivision one  of
    32  this  section,  where  the chair of the New York state thruway authority
    33  has established a demonstration program imposing monetary  liability  on
    34  the owner of a vehicle for failure of an operator thereof to comply with
    35  subdivision  (b),  (d),  (f)  or (g) of section eleven hundred eighty of
    36  this chapter in accordance with section eleven hundred eighty-e of  this
    37  chapter,  any fine or penalty collected by a court, judge, magistrate or
    38  other officer for an imposition of liability which  occurs  pursuant  to
    39  such program shall be paid to the state comptroller within the first ten
    40  days  of  the  month  following  collection. Every such payment shall be
    41  accompanied by a statement in such form and detail  as  the  comptroller
    42  shall provide. The comptroller shall pay eighty percent of any such fine
    43  or  penalty  imposed  for  such  liability to the thruway authority, and
    44  twenty percent of any such fine or penalty to the city, town or  village
    45  in  which  the  violation  giving  rise to the liability occurred.  With
    46  respect to the percentage of fines or  penalties  paid  to  the  thruway
    47  authority,  no  less  than  sixty  percent shall be dedicated to thruway
    48  authority work zone safety projects after deducting the expenses  neces-
    49  sary  to  administer such demonstration program, provided, however, that
    50  such funds provided pursuant to this subdivision shall be payable on the
    51  audit and warrant of the comptroller and shall only be used  to  supple-
    52  ment  and  not supplant current expenditures of state funds on work zone
    53  safety projects. For the purposes of this subdivision, "work zone safety
    54  projects" shall apply to work zones under the jurisdiction of the  thru-
    55  way  authority  and shall include, but not be limited to, inspection and
    56  implementation of work zone design, maintenance, traffic plans and mark-

        S. 4682--B                         31
 
     1  ings, worker safety training, contractor outreach, enforcement  efforts,
     2  radar speed display signs at major active work zones and police presence
     3  at  major  active  work  zones, as provided in section twenty-two of the
     4  transportation  law.    For  the  purposes of this subdivision, the term
     5  "thruway authority" shall mean the New York state thruway  authority,  a
     6  body corporate and politic constituting a public corporation created and
     7  constituted pursuant to title nine of article two of the public authori-
     8  ties  law.  All fines, penalties and forfeitures paid to a city, town or
     9  village pursuant to the provisions of this subdivision shall be credited
    10  to the general fund of such city, town or village,  unless  a  different
    11  disposition  is  prescribed by  charter, special law, local law or ordi-
    12  nance.
    13    § 14. Subdivision 2 of section  87  of  the  public  officers  law  is
    14  amended by adding a new paragraph (r) to read as follows:
    15    (r)  are  photographs,  microphotographs,  videotape or other recorded
    16  images prepared under the authority of section eleven  hundred  eighty-e
    17  of the vehicle and traffic law.
    18    § 15. For the purpose of informing and educating owners of motor vehi-
    19  cles  in  this state, an agency or authority authorized to issue notices
    20  of liability pursuant to the provisions of this act  shall,  during  the
    21  first  thirty-day period in which the photo violation monitoring systems
    22  are in operation pursuant to the provisions of this act, issue a written
    23  warning in lieu of a notice of liability to all owners of motor vehicles
    24  who would be held liable for failure of operators thereof to comply with
    25  subdivision (b), (d), (f) or (g) of section eleven hundred eighty of the
    26  vehicle and traffic law in accordance with section eleven hundred eight-
    27  y-e of the vehicle and traffic law.
    28    § 16. This act shall take effect on the thirtieth day after  it  shall
    29  have  become  a  law; provided, however, that sections twelve, thirteen,
    30  fourteen and fifteen of this act shall expire and be deemed  repealed  5
    31  years  after such effective date when upon such date the  provisions  of
    32  such sections shall be deemed repealed; provided  that  effective  imme-
    33  diately, the addition, amendment and/or repeal of any rule or regulation
    34  necessary  for  the implementation of this act on its effective date are
    35  authorized to be made and completed on or before  such  effective  date;
    36  and provided further, that:
    37    (a)  the  amendments  to  the  opening  paragraph and paragraph (c) of
    38  subdivision 1 of section 1809 of the vehicle and  traffic  law  made  by
    39  section  eight  of  this  act  shall  not  affect the expiration of such
    40  section and shall be deemed to expire therewith, when upon such date the
    41  provisions of section eight-a of this act shall take effect;
    42    (b) the amendments to the  opening  paragraph  and  paragraph  (c)  of
    43  subdivision  1  of  section  1809 of the vehicle and traffic law made by
    44  section eight-a of this act shall not  affect  the  expiration  of  such
    45  section and shall be deemed to expire therewith, when upon such date the
    46  provisions of section eight-b of this act shall take effect;
    47    (c) the amendments to subdivision 1 of section 1809 of the vehicle and
    48  traffic  law  made  by  section eight-b of this act shall not affect the
    49  expiration of such section and shall be deemed to expire therewith, when
    50  upon such date the provisions of section eight-c of this act shall  take
    51  effect;
    52    (d) the amendments to subdivision 1 of section 1809 of the vehicle and
    53  traffic  law  made  by  section eight-c of this act shall not affect the
    54  expiration of such section and shall be deemed to expire therewith, when
    55  upon such date the provisions of section eight-d of this act shall  take
    56  effect;

        S. 4682--B                         32
 
     1    (e) the amendments to subdivision 1 of section 1809 of the vehicle and
     2  traffic  law  made  by  section eight-d of this act shall not affect the
     3  expiration of such section and shall be deemed to expire therewith, when
     4  upon such date the provisions of section eight-e of this act shall  take
     5  effect;
     6    (f) the amendments to subdivision 1 of section 1809 of the vehicle and
     7  traffic  law  made  by  section eight-e of this act shall not affect the
     8  expiration of such section and shall be deemed to expire therewith, when
     9  upon such date the provisions of section eight-f of this act shall  take
    10  effect;
    11    (g) the amendments to subdivision 1 of section 1809 of the vehicle and
    12  traffic  law  made  by  section eight-f of this act shall not affect the
    13  expiration of such section and shall be deemed to expire therewith, when
    14  upon such date the provisions of section eight-g of this act shall  take
    15  effect; and
    16    (h) the amendments to subdivision 1 of section 1809 of the vehicle and
    17  traffic  law  made  by  section eight-g of this act shall not affect the
    18  expiration of such section and shall be deemed to expire therewith, when
    19  upon such date the provisions of section eight-h of this act shall  take
    20  effect.
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