STATE OF NEW YORK
________________________________________________________________________
5223--B
2019-2020 Regular Sessions
IN SENATE
April 16, 2019
___________
Introduced by Sens. KENNEDY, BAILEY, BRESLIN, COMRIE, GAUGHRAN,
GOUNARDES, HARCKHAM, JACKSON, KAPLAN, LIU, MYRIE, PERSAUD, SAVINO,
SKOUFIS -- read twice and ordered printed, and when printed to be
committed to the Committee on Transportation -- recommitted to the
Committee on Transportation in accordance with Senate Rule 6, sec. 8
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the vehicle and traffic law and the public officers law,
in relation to establishing a demonstration program implementing speed
violation monitoring systems in work zones by means of photo devices;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235 of the vehicle and traffic
2 law, as separately amended by sections 1 of chapters 145 and 148 of the
3 laws of 2019, is amended to read as follows:
4 1. Notwithstanding any inconsistent provision of any general, special
5 or local law or administrative code to the contrary, in any city which
6 heretofore or hereafter is authorized to establish an administrative
7 tribunal to hear and determine complaints of traffic infractions consti-
8 tuting parking, standing or stopping violations, or to adjudicate the
9 liability of owners for violations of subdivision (d) of section eleven
10 hundred eleven of this chapter in accordance with section eleven hundred
11 eleven-a of this chapter, or to adjudicate the liability of owners for
12 violations of subdivision (d) of section eleven hundred eleven of this
13 chapter in accordance with sections eleven hundred eleven-b of this
14 chapter [as added by sections sixteen of chapters twenty, and twenty-two
15 of the laws of two thousand nine,] or to adjudicate the liability of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09902-08-0
S. 5223--B 2
1 owners for violations of subdivision (d) of section eleven hundred elev-
2 en of this chapter in accordance with section eleven hundred eleven-d of
3 this chapter, or to adjudicate the liability of owners for violations of
4 section eleven hundred seventy-four of this chapter in accordance with
5 section eleven hundred seventy-four-a of this chapter, or to adjudicate
6 the liability of owners for violations of subdivision (d) of section
7 eleven hundred eleven of this chapter in accordance with section eleven
8 hundred eleven-e of this chapter, or to adjudicate the liability of
9 owners for violations of toll collection regulations as defined in and
10 in accordance with the provisions of section two thousand nine hundred
11 eighty-five of the public authorities law and sections sixteen-a,
12 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
13 laws of nineteen hundred fifty, or to adjudicate liability of owners in
14 accordance with section eleven hundred eleven-c of this chapter for
15 violations of bus lane restrictions as defined in subdivision (b), (c),
16 (d), (f) or (g) of such section, or to adjudicate the liability of
17 owners for violations of section eleven hundred eighty of this chapter
18 in accordance with section eleven hundred eighty-b of this chapter, or
19 to adjudicate the liability of owners for violations of section eleven
20 hundred eighty of this chapter in accordance with section eleven hundred
21 eighty-d of this chapter, or to adjudicate the liability of owners for
22 violations of section eleven hundred eighty of this chapter in accord-
23 ance with section eleven hundred eighty-e of this chapter, such tribunal
24 and the rules and regulations pertaining thereto shall be constituted in
25 substantial conformance with the following sections.
26 § 1-a. Subdivision 1 of section 235 of the vehicle and traffic law, as
27 amended by section 1 of chapter 145 of the laws of 2019, is amended to
28 read as follows:
29 1. Notwithstanding any inconsistent provision of any general, special
30 or local law or administrative code to the contrary, in any city which
31 heretofore or hereafter is authorized to establish an administrative
32 tribunal to hear and determine complaints of traffic infractions consti-
33 tuting parking, standing or stopping violations, or to adjudicate the
34 liability of owners for violations of subdivision (d) of section eleven
35 hundred eleven of this chapter in accordance with section eleven hundred
36 eleven-a of this chapter, or to adjudicate the liability of owners for
37 violations of subdivision (d) of section eleven hundred eleven of this
38 chapter in accordance with sections eleven hundred eleven-b of this
39 chapter as added by sections sixteen of chapters twenty, and twenty-two
40 of the laws of two thousand nine, or to adjudicate the liability of
41 owners for violations of subdivision (d) of section eleven hundred elev-
42 en of this chapter in accordance with section eleven hundred eleven-d of
43 this chapter, or to adjudicate the liability of owners for violations of
44 section eleven hundred seventy-four of this chapter in accordance with
45 section eleven hundred seventy-four-a of this chapter, or to adjudicate
46 the liability of owners for violations of subdivision (d) of section
47 eleven hundred eleven of this chapter in accordance with section eleven
48 hundred eleven-e of this chapter, or to adjudicate the liability of
49 owners for violations of toll collection regulations as defined in and
50 in accordance with the provisions of section two thousand nine hundred
51 eighty-five of the public authorities law and sections sixteen-a,
52 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
53 laws of nineteen hundred fifty, or to adjudicate liability of owners in
54 accordance with section eleven hundred eleven-c of this chapter for
55 violations of bus lane restrictions as defined in subdivision (b), (c),
56 (d), (f) or (g) of such section, or to adjudicate the liability of
S. 5223--B 3
1 owners for violations of section eleven hundred eighty of this chapter
2 in accordance with section eleven hundred eighty-b of this chapter, or
3 to adjudicate the liability of owners for violations of section eleven
4 hundred eighty of this chapter in accordance with section eleven hundred
5 eighty-e of this chapter, such tribunal and the rules and regulations
6 pertaining thereto shall be constituted in substantial conformance with
7 the following sections.
8 § 1-b. Section 235 of the vehicle and traffic law, as separately
9 amended by sections 1-a of chapters 145 and 148 of the laws of 2019, is
10 amended to read as follows:
11 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
12 general, special or local law or administrative code to the contrary, in
13 any city which heretofore or hereafter is authorized to establish an
14 administrative tribunal to hear and determine complaints of traffic
15 infractions constituting parking, standing or stopping violations, or to
16 adjudicate the liability of owners for violations of subdivision (d) of
17 section eleven hundred eleven of this chapter in accordance with section
18 eleven hundred eleven-a of this chapter, or to adjudicate the liability
19 of owners for violations of subdivision (d) of section eleven hundred
20 eleven of this chapter in accordance with sections eleven hundred
21 eleven-b of this chapter as added by sections sixteen of chapters twen-
22 ty, and twenty-two of the laws of two thousand nine, or to adjudicate
23 the liability of owners for violations of subdivision (d) of section
24 eleven hundred eleven of this chapter in accordance with section eleven
25 hundred eleven-d of this chapter, or to adjudicate the liability of
26 owners for violations of subdivision (d) of section eleven hundred elev-
27 en of this chapter in accordance with section eleven hundred eleven-e of
28 this chapter, or to adjudicate the liability of owners for violations of
29 section eleven hundred seventy-four of this chapter in accordance with
30 section eleven hundred seventy-four-a of this chapter, or to adjudicate
31 the liability of owners for violations of toll collection regulations as
32 defined in and in accordance with the provisions of section two thousand
33 nine hundred eighty-five of the public authorities law and sections
34 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
35 of the laws of nineteen hundred fifty, or to adjudicate liability of
36 owners in accordance with section eleven hundred eleven-c of this chap-
37 ter for violations of bus lane restrictions as defined in such section,
38 or to adjudicate the liability of owners for violations of subdivision
39 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
40 ter in accordance with section eleven hundred eighty-b of this chapter,
41 or to adjudicate the liability of owners for violations of subdivision
42 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
43 ter in accordance with section eleven hundred eighty-d of this chapter,
44 or to adjudicate the liability of owners for violations of subdivision
45 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
46 accordance with section eleven hundred eighty-e of this chapter, such
47 tribunal and the rules and regulations pertaining thereto shall be
48 constituted in substantial conformance with the following sections.
49 § 1-c. Section 235 of the vehicle and traffic law, as separately
50 amended by sections 1-b of chapters 145 and 148 of the laws of 2019, is
51 amended to read as follows:
52 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
53 general, special or local law or administrative code to the contrary, in
54 any city which heretofore or hereafter is authorized to establish an
55 administrative tribunal to hear and determine complaints of traffic
56 infractions constituting parking, standing or stopping violations, or to
S. 5223--B 4
1 adjudicate the liability of owners for violations of subdivision (d) of
2 section eleven hundred eleven of this chapter in accordance with
3 sections eleven hundred eleven-b of this chapter as added by sections
4 sixteen of chapters twenty, and twenty-two of the laws of two thousand
5 nine, or to adjudicate the liability of owners for violations of subdi-
6 vision (d) of section eleven hundred eleven of this chapter in accord-
7 ance with section eleven hundred eleven-d of this chapter, or to adjudi-
8 cate the liability of owners for violations of subdivision (d) of
9 section eleven hundred eleven of this chapter in accordance with section
10 eleven hundred eleven-e of this chapter, or to adjudicate the liability
11 of owners for violations of section eleven hundred seventy-four of this
12 chapter in accordance with section eleven hundred seventy-four-a of this
13 chapter, or to adjudicate the liability of owners for violations of toll
14 collection regulations as defined in and in accordance with the
15 provisions of section two thousand nine hundred eighty-five of the
16 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
17 of chapter seven hundred seventy-four of the laws of nineteen hundred
18 fifty, or to adjudicate liability of owners in accordance with section
19 eleven hundred eleven-c of this chapter for violations of bus lane
20 restrictions as defined in such section, or to adjudicate the liability
21 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
22 section eleven hundred eighty of this chapter in accordance with section
23 eleven hundred eighty-b of this chapter, or to adjudicate the liability
24 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
25 section eleven hundred eighty of this chapter in accordance with section
26 eleven hundred eighty-d of this chapter, or to adjudicate the liability
27 of owners for violations of subdivision (b), (d), (f) or (g) of section
28 eleven hundred eighty of this chapter in accordance with section eleven
29 hundred eighty-e of this chapter, such tribunal and the rules and regu-
30 lations pertaining thereto shall be constituted in substantial conform-
31 ance with the following sections.
32 § 1-d. Section 235 of the vehicle and traffic law, as separately
33 amended by sections 1-c of chapters 145 and 148 of the laws of 2019, is
34 amended to read as follows:
35 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
36 general, special or local law or administrative code to the contrary, in
37 any city which heretofore or hereafter is authorized to establish an
38 administrative tribunal to hear and determine complaints of traffic
39 infractions constituting parking, standing or stopping violations, or to
40 adjudicate the liability of owners for violations of subdivision (d) of
41 section eleven hundred eleven of this chapter in accordance with section
42 eleven hundred eleven-d of this chapter, or to adjudicate the liability
43 of owners for violations of subdivision (d) of section eleven hundred
44 eleven of this chapter in accordance with section eleven hundred
45 eleven-e of this chapter, or to adjudicate the liability of owners for
46 violations of section eleven hundred seventy-four of this chapter in
47 accordance with section eleven hundred seventy-four-a of this chapter,
48 or to adjudicate the liability of owners for violations of toll
49 collection regulations as defined in and in accordance with the
50 provisions of section two thousand nine hundred eighty-five of the
51 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
52 of chapter seven hundred seventy-four of the laws of nineteen hundred
53 fifty, or to adjudicate liability of owners in accordance with section
54 eleven hundred eleven-c of this chapter for violations of bus lane
55 restrictions as defined in such section, or to adjudicate the liability
56 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
S. 5223--B 5
1 section eleven hundred eighty of this chapter in accordance with section
2 eleven hundred eighty-b of this chapter, or to adjudicate the liability
3 of owners for violations of subdivision (b), (c), (d), (f) or (g) of
4 section eleven hundred eighty of this chapter in accordance with section
5 eleven hundred eighty-d of this chapter, or to adjudicate the liability
6 of owners for violations of subdivision (b), (d), (f) or (g) of section
7 eleven hundred eighty of this chapter in accordance with section eleven
8 hundred eighty-e of this chapter, such tribunal and the rules and regu-
9 lations pertaining thereto shall be constituted in substantial conform-
10 ance with the following sections.
11 § 1-e. Section 235 of the vehicle and traffic law, as separately
12 amended by sections 1-d of chapters 145 and 148 of the laws of 2019, is
13 amended to read as follows:
14 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
15 general, special or local law or administrative code to the contrary, in
16 any city which heretofore or hereafter is authorized to establish an
17 administrative tribunal to hear and determine complaints of traffic
18 infractions constituting parking, standing or stopping violations, or to
19 adjudicate the liability of owners for violations of subdivision (d) of
20 section eleven hundred eleven of this chapter in accordance with section
21 eleven hundred eleven-d of this chapter, or to adjudicate the liability
22 of owners for violations of subdivision (d) of section eleven hundred
23 eleven of this chapter in accordance with section eleven hundred
24 eleven-e of this chapter, or to adjudicate the liability of owners for
25 violations of section eleven hundred seventy-four of this chapter in
26 accordance with section eleven hundred seventy-four-a of this chapter,
27 or to adjudicate the liability of owners for violations of toll
28 collection regulations as defined in and in accordance with the
29 provisions of section two thousand nine hundred eighty-five of the
30 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
31 of chapter seven hundred seventy-four of the laws of nineteen hundred
32 fifty, or to adjudicate liability of owners for violations of subdivi-
33 sions (c) and (d) of section eleven hundred eighty of this chapter in
34 accordance with section eleven hundred eighty-b of this chapter, or to
35 adjudicate the liability of owners for violations of subdivision (b),
36 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
37 accordance with section eleven hundred eighty-d of this chapter, or to
38 adjudicate the liability of owners for violations of subdivision (b),
39 (d), (f) or (g) of section eleven hundred eighty of this chapter in
40 accordance with section eleven hundred eighty-e of this chapter, such
41 tribunal and the rules and regulations pertaining thereto shall be
42 constituted in substantial conformance with the following sections.
43 § 1-f. Section 235 of the vehicle and traffic law, as separately
44 amended by sections 1-e of chapters 145 and 148 of the laws of 2019, is
45 amended to read as follows:
46 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
47 general, special or local law or administrative code to the contrary, in
48 any city which heretofore or hereafter is authorized to establish an
49 administrative tribunal to hear and determine complaints of traffic
50 infractions constituting parking, standing or stopping violations, or to
51 adjudicate the liability of owners for violations of subdivision (d) of
52 section eleven hundred eleven of this chapter in accordance with section
53 eleven hundred eleven-d of this chapter, or to adjudicate the liability
54 of owners for violations of subdivision (d) of section eleven hundred
55 eleven of this chapter in accordance with section eleven hundred
56 eleven-e of this chapter, or to adjudicate the liability of owners for
S. 5223--B 6
1 violations of section eleven hundred seventy-four of this chapter in
2 accordance with section eleven hundred seventy-four-a of this chapter,
3 or to adjudicate the liability of owners for violations of toll
4 collection regulations as defined in and in accordance with the
5 provisions of section two thousand nine hundred eighty-five of the
6 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
7 of chapter seven hundred seventy-four of the laws of nineteen hundred
8 fifty, or to adjudicate the liability of owners for violations of subdi-
9 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
10 this chapter in accordance with section eleven hundred eighty-d of this
11 chapter, or to adjudicate the liability of owners for violations of
12 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
13 this chapter in accordance with section eleven hundred eighty-e of this
14 chapter, such tribunal and the rules and regulations pertaining thereto
15 shall be constituted in substantial conformance with the following
16 sections.
17 § 1-g. Section 235 of the vehicle and traffic law, as separately
18 amended by sections 1-f of chapters 145 and 148 of the laws of 2019, is
19 amended to read as follows:
20 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
21 general, special or local law or administrative code to the contrary, in
22 any city which heretofore or hereafter is authorized to establish an
23 administrative tribunal to hear and determine complaints of traffic
24 infractions constituting parking, standing or stopping violations, or to
25 adjudicate the liability of owners for violations of subdivision (d) of
26 section eleven hundred eleven of this chapter in accordance with section
27 eleven hundred eleven-e of this chapter, or to adjudicate the liability
28 of owners for violations of section eleven hundred seventy-four of this
29 chapter in accordance with section eleven hundred seventy-four-a of this
30 chapter, or to adjudicate the liability of owners for violations of toll
31 collection regulations as defined in and in accordance with the
32 provisions of section two thousand nine hundred eighty-five of the
33 public authorities law and sections sixteen-a, sixteen-b and sixteen-c
34 of chapter seven hundred seventy-four of the laws of nineteen hundred
35 fifty, or to adjudicate the liability of owners for violations of subdi-
36 vision (b), (c), (d), (f) or (g) of section eleven hundred eighty of
37 this chapter in accordance with section eleven hundred eighty-d of this
38 chapter, or to adjudicate the liability of owners for violations of
39 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
40 this chapter in accordance with section eleven hundred eighty-e of this
41 chapter, such tribunal and the rules and regulations pertaining thereto
42 shall be constituted in substantial conformance with the following
43 sections.
44 § 1-h. Section 235 of the vehicle and traffic law, as separately
45 amended by sections 1-g of chapters 145 and 148 of the laws of 2019, is
46 amended to read as follows:
47 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
48 general, special or local law or administrative code to the contrary, in
49 any city which heretofore or hereafter is authorized to establish an
50 administrative tribunal to hear and determine complaints of traffic
51 infractions constituting parking, standing or stopping violations, or to
52 adjudicate the liability of owners for violations of section eleven
53 hundred seventy-four of this chapter in accordance with section eleven
54 hundred seventy-four-a of this chapter, or to adjudicate the liability
55 of owners for violations of toll collection regulations as defined in
56 and in accordance with the provisions of section two thousand nine
S. 5223--B 7
1 hundred eighty-five of the public authorities law and sections
2 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
3 of the laws of nineteen hundred fifty, or to adjudicate the liability of
4 owners for violations of subdivision (b), (c), (d), (f) or (g) of
5 section eleven hundred eighty of this chapter in accordance with section
6 eleven hundred eighty-d of this chapter, or to adjudicate the liability
7 of owners for violations of subdivision (b), (d), (f) or (g) of section
8 eleven hundred eighty of this chapter in accordance with section eleven
9 hundred eighty-e of this chapter, such tribunal and the rules and regu-
10 lations pertaining thereto shall be constituted in substantial conform-
11 ance with the following sections.
12 § 1-i. Section 235 of the vehicle and traffic law, as separately
13 amended by chapter 715 of the laws of 1972 and chapter 379 of the laws
14 of 1992, is amended to read as follows:
15 § 235. Jurisdiction. Notwithstanding any inconsistent provision of any
16 general, special or local law or administrative code to the contrary, in
17 any city which heretofore or hereafter is authorized to establish an
18 administrative tribunal to hear and determine complaints of traffic
19 infractions constituting parking, standing or stopping violations, or to
20 adjudicate the liability of owners for violations of toll collection
21 regulations as defined in and in accordance with the provisions of
22 section two thousand nine hundred eighty-five of the public authorities
23 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
24 hundred seventy-four of the laws of nineteen hundred fifty, or to adju-
25 dicate the liability of owners for violations of subdivision (b), (d),
26 (f) or (g) of section eleven hundred eighty of this chapter in accord-
27 ance with section eleven hundred eighty-e of this chapter, such tribunal
28 and the rules and regulations pertaining thereto shall be constituted in
29 substantial conformance with the following sections.
30 § 2. Subdivision 1 of section 236 of the vehicle and traffic law, as
31 separately amended by sections 2 of chapters 145 and 148 of the laws of
32 2019, is amended to read as follows:
33 1. Creation. In any city as hereinbefore or hereafter authorized such
34 tribunal when created shall be known as the parking violations bureau
35 and shall have jurisdiction of traffic infractions which constitute a
36 parking violation and, where authorized by local law adopted pursuant to
37 subdivision (a) of section eleven hundred eleven-a of this chapter or
38 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
39 added by sections sixteen of chapters twenty, and twenty-two of the laws
40 of two thousand nine, or subdivision (a) of section eleven hundred
41 eleven-d of this chapter, or subdivision (a) of section eleven hundred
42 eleven-e of this chapter, or subdivision (a) of section eleven hundred
43 seventy-four-a of this chapter, shall adjudicate the liability of owners
44 for violations of subdivision (d) of section eleven hundred eleven of
45 this chapter in accordance with such section eleven hundred eleven-a,
46 sections eleven hundred eleven-b as added by sections sixteen of chap-
47 ters twenty, and twenty-two of the laws of two thousand nine, or section
48 eleven hundred eleven-d or section eleven hundred eleven-e and shall
49 adjudicate the liability of owners for violations of toll collection
50 regulations as defined in and in accordance with the provisions of
51 section two thousand nine hundred eighty-five of the public authorities
52 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
53 hundred seventy-four of the laws of nineteen hundred fifty and shall
54 adjudicate liability of owners in accordance with section eleven hundred
55 eleven-c of this chapter for violations of bus lane restrictions as
56 defined in such section and shall adjudicate liability of owners in
S. 5223--B 8
1 accordance with section eleven hundred seventy-four-a of this chapter
2 for violations of section eleven hundred seventy-four of this chapter
3 and shall adjudicate the liability of owners for violations of subdivi-
4 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
5 chapter in accordance with section eleven hundred eighty-b of this chap-
6 ter and shall adjudicate the liability of owners for violations of
7 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
8 of this chapter in accordance with section eleven hundred eighty-d of
9 this chapter, and shall adjudicate the liability of owners for
10 violations of subdivision (b), (d), (f) or (g) of section eleven hundred
11 eighty of this chapter in accordance with section eleven hundred eight-
12 y-e of this chapter. Such tribunal, except in a city with a population
13 of one million or more, shall also have jurisdiction of abandoned vehi-
14 cle violations. For the purposes of this article, a parking violation is
15 the violation of any law, rule or regulation providing for or regulating
16 the parking, stopping or standing of a vehicle. In addition for purposes
17 of this article, "commissioner" shall mean and include the commissioner
18 of traffic of the city or an official possessing authority as such a
19 commissioner.
20 § 2-a. Subdivision 1 of section 236 of the vehicle and traffic law, as
21 amended by section 2 of chapter 145 of the laws of 2019, is amended to
22 read as follows:
23 1. Creation. In any city as hereinbefore or hereafter authorized such
24 tribunal when created shall be known as the parking violations bureau
25 and shall have jurisdiction of traffic infractions which constitute a
26 parking violation and, where authorized by local law adopted pursuant to
27 subdivision (a) of section eleven hundred eleven-a of this chapter or
28 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
29 added by sections sixteen of chapters twenty, and twenty-two of the laws
30 of two thousand nine, or subdivision (a) of section eleven hundred
31 eleven-d of this chapter, or subdivision (a) of section eleven hundred
32 eleven-e of this chapter, or subdivision (a) of section eleven hundred
33 seventy-four-a of this chapter, shall adjudicate the liability of owners
34 for violations of subdivision (d) of section eleven hundred eleven of
35 this chapter in accordance with such section eleven hundred eleven-a,
36 sections eleven hundred eleven-b as added by sections sixteen of chap-
37 ters twenty, and twenty-two of the laws of two thousand nine, or section
38 eleven hundred eleven-d or section eleven hundred eleven-e and shall
39 adjudicate the liability of owners for violations of toll collection
40 regulations as defined in and in accordance with the provisions of
41 section two thousand nine hundred eighty-five of the public authorities
42 law and sections sixteen-a, sixteen-b and sixteen-c of chapter seven
43 hundred seventy-four of the laws of nineteen hundred fifty and shall
44 adjudicate liability of owners in accordance with section eleven hundred
45 eleven-c of this chapter for violations of bus lane restrictions as
46 defined in such section and shall adjudicate liability of owners in
47 accordance with section eleven hundred seventy-four-a of this chapter
48 for violations of section eleven hundred seventy-four of this chapter
49 and shall adjudicate the liability of owners for violations of subdivi-
50 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
51 chapter in accordance with section eleven hundred eighty-b of this chap-
52 ter, and shall adjudicate the liability of owners for violations of
53 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
54 this chapter in accordance with section eleven hundred eighty-e of this
55 chapter. Such tribunal, except in a city with a population of one
56 million or more, shall also have jurisdiction of abandoned vehicle
S. 5223--B 9
1 violations. For the purposes of this article, a parking violation is the
2 violation of any law, rule or regulation providing for or regulating the
3 parking, stopping or standing of a vehicle. In addition for purposes of
4 this article, "commissioner" shall mean and include the commissioner of
5 traffic of the city or an official possessing authority as such a
6 commissioner.
7 § 2-b. Subdivision 1 of section 236 of the vehicle and traffic law, as
8 separately amended by sections 2-a of chapters 145 and 148 of the laws
9 of 2019, is amended to read as follows:
10 1. Creation. In any city as hereinbefore or hereafter authorized such
11 tribunal when created shall be known as the parking violations bureau
12 and shall have jurisdiction of traffic infractions which constitute a
13 parking violation and, where authorized by local law adopted pursuant to
14 subdivisions (a) of sections eleven hundred eleven-b of this chapter as
15 added by sections sixteen of chapters twenty, and twenty-two of the laws
16 of two thousand nine, or subdivision (a) of section eleven hundred
17 eleven-d of this chapter, or subdivision (a) of section eleven hundred
18 eleven-e of this chapter, or subdivision (a) of section eleven hundred
19 seventy-four-a of this chapter, shall adjudicate the liability of owners
20 for violations of subdivision (d) of section eleven hundred eleven of
21 this chapter in accordance with such sections eleven hundred eleven-b as
22 added by sections sixteen of chapters twenty, and twenty-two of the laws
23 of two thousand nine or section eleven hundred eleven-d or section elev-
24 en hundred eleven-e; and shall adjudicate liability of owners in accord-
25 ance with section eleven hundred eleven-c of this chapter for violations
26 of bus lane restrictions as defined in such section and shall adjudicate
27 liability of owners in accordance with section eleven hundred seventy-
28 four-a of this chapter for violations of section eleven hundred seven-
29 ty-four of this chapter and shall adjudicate liability of owners for
30 violations of subdivisions (c) and (d) of section eleven hundred eighty
31 of this chapter in accordance with section eleven hundred eighty-b of
32 this chapter and shall adjudicate the liability of owners for violations
33 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
34 eighty of this chapter in accordance with section eleven hundred eight-
35 y-d of this chapter, shall adjudicate the liability of owners for
36 violations of subdivision (b), (d), (f) or (g) of section eleven hundred
37 eighty of this chapter in accordance with section eleven hundred eight-
38 y-e of this chapter. For the purposes of this article, a parking
39 violation is the violation of any law, rule or regulation providing for
40 or regulating the parking, stopping or standing of a vehicle. In addi-
41 tion for purposes of this article, "commissioner" shall mean and include
42 the commissioner of traffic of the city or an official possessing
43 authority as such a commissioner.
44 § 2-c. Subdivision 1 of section 236 of the vehicle and traffic law, as
45 separately amended by sections 2-b of chapters 145 and 148 of the laws
46 of 2019, is amended to read as follows:
47 1. Creation. In any city as hereinbefore or hereafter authorized such
48 tribunal when created shall be known as the parking violations bureau
49 and shall have jurisdiction of traffic infractions which constitute a
50 parking violation and, where authorized by local law adopted pursuant to
51 subdivision (a) of section eleven hundred eleven-d or subdivision (a) of
52 section eleven hundred eleven-e of this chapter, or subdivision (a) of
53 section eleven hundred seventy-four-a of this chapter, shall adjudicate
54 liability of owners in accordance with section eleven hundred eleven-c
55 of this chapter for violations of bus lane restrictions as defined in
56 such section; and shall adjudicate the liability of owners for
S. 5223--B 10
1 violations of subdivision (b), (c), (d), (f) or (g) of section eleven
2 hundred eighty of this chapter in accordance with section eleven hundred
3 eighty-b of this chapter; and shall adjudicate the liability of owners
4 for violations of subdivision (b), (d), (f) or (g) of section eleven
5 hundred eighty of this chapter in accordance with section eleven hundred
6 eighty-d of this chapter, and shall adjudicate the liability of owners
7 for violations of subdivision (b), (d), (f) or (g) of section eleven
8 hundred eighty of this chapter in accordance with section eleven hundred
9 eighty-e of this chapter. For the purposes of this article, a parking
10 violation is the violation of any law, rule or regulation providing for
11 or regulating the parking, stopping or standing of a vehicle. In addi-
12 tion for purposes of this article, "commissioner" shall mean and include
13 the commissioner of traffic of the city or an official possessing
14 authority as such a commissioner.
15 § 2-d. Subdivision 1 of section 236 of the vehicle and traffic law, as
16 separately amended by sections 2-c of chapters 145 and 148 of the laws
17 of 2019, is amended to read as follows:
18 1. Creation. In any city as hereinbefore or hereafter authorized such
19 tribunal when created shall be known as the parking violations bureau
20 and, where authorized by local law adopted pursuant to subdivision (a)
21 of section eleven hundred eleven-d of this chapter or subdivision (a) of
22 section eleven hundred eleven-e of this chapter, or subdivision (a) of
23 section eleven hundred seventy-four-a of this chapter, shall have juris-
24 diction of traffic infractions which constitute a parking violation and
25 shall adjudicate the liability of owners for violations of subdivision
26 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
27 ter in accordance with section eleven hundred eighty-b of this chapter
28 and shall adjudicate the liability of owners for violations of subdivi-
29 sion (b), (c), (d), (f) or (g) of section eleven hundred eighty of this
30 chapter in accordance with section eleven hundred eighty-d of this chap-
31 ter, and shall adjudicate the liability of owners for violations of
32 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
33 this chapter in accordance with section eleven hundred eighty-e of this
34 chapter. For the purposes of this article, a parking violation is the
35 violation of any law, rule or regulation providing for or regulating the
36 parking, stopping or standing of a vehicle. In addition for purposes of
37 this article, "commissioner" shall mean and include the commissioner of
38 traffic of the city or an official possessing authority as such a
39 commissioner.
40 § 2-e. Subdivision 1 of section 236 of the vehicle and traffic law, as
41 separately amended by sections 2-d of chapters 145 and 148 of the laws
42 of 2019, is amended to read as follows:
43 1. Creation. In any city as hereinbefore or hereafter authorized such
44 tribunal when created shall be known as the parking violations bureau
45 and, where authorized by local law adopted pursuant to subdivision (a)
46 of section eleven hundred eleven-d of this chapter or subdivision (a) of
47 section eleven hundred eleven-e of this chapter, or subdivision (a) of
48 section eleven hundred seventy-four-a of this chapter, shall have juris-
49 diction of traffic infractions which constitute a parking violation and
50 shall adjudicate the liability of owners for violations of subdivision
51 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
52 ter in accordance with section eleven hundred eighty-d of this chapter,
53 and shall adjudicate the liability of owners for violations of subdivi-
54 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
55 ter in accordance with section eleven hundred eighty-e of this chapter.
56 For the purposes of this article, a parking violation is the violation
S. 5223--B 11
1 of any law, rule or regulation providing for or regulating the parking,
2 stopping or standing of a vehicle. In addition for purposes of this
3 article, "commissioner" shall mean and include the commissioner of traf-
4 fic of the city or an official possessing authority as such a commis-
5 sioner.
6 § 2-f. Subdivision 1 of section 236 of the vehicle and traffic law, as
7 separately amended by sections 2-e of chapters 145 and 148 of the laws
8 of 2019, is amended to read as follows:
9 1. Creation. In any city as hereinbefore or hereafter authorized such
10 tribunal when created shall be known as the parking violations bureau
11 and where authorized by local law adopted pursuant to subdivision (a) of
12 section eleven hundred eleven-e or subdivision (a) of section eleven
13 hundred seventy-four-a of this chapter, shall have jurisdiction of traf-
14 fic infractions which constitute a parking violation and shall adjudi-
15 cate the liability of owners for violations of subdivision (b), (c),
16 (d), (f) or (g) of section eleven hundred eighty of this chapter in
17 accordance with section eleven hundred eighty-d of this chapter, and
18 shall adjudicate the liability of owners for violations of subdivision
19 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
20 accordance with section eleven hundred eighty-e of this chapter. For
21 the purposes of this article, a parking violation is the violation of
22 any law, rule or regulation providing for or regulating the parking,
23 stopping or standing of a vehicle. In addition for purposes of this
24 article, "commissioner" shall mean and include the commissioner of traf-
25 fic of the city or an official possessing authority as such a commis-
26 sioner.
27 § 2-g. Subdivision 1 of section 236 of the vehicle and traffic law, as
28 separately amended by sections 2-f of chapters 145 and 148 of the laws
29 of 2019, is amended to read as follows:
30 1. Creation. In any city as hereinbefore or hereafter authorized such
31 tribunal when created shall be known as the parking violations bureau
32 and where authorized by local law adopted pursuant to subdivision (a) of
33 section eleven hundred seventy-four-a of this chapter, shall have juris-
34 diction of traffic infractions which constitute a parking violation and
35 shall adjudicate the liability of owners for violations of subdivision
36 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
37 ter in accordance with section eleven hundred eighty-d of this chapter,
38 and shall adjudicate the liability of owners for violations of subdivi-
39 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
40 ter in accordance with section eleven hundred eighty-e of this chapter.
41 For the purposes of this article, a parking violation is the violation
42 of any law, rule or regulation providing for or regulating the parking,
43 stopping or standing of a vehicle. In addition for purposes of this
44 article, "commissioner" shall mean and include the commissioner of traf-
45 fic of the city or an official possessing authority as such a commis-
46 sioner.
47 § 2-h. Subdivision 1 of section 236 of the vehicle and traffic law, as
48 added by chapter 715 of the laws of 1972, is amended to read as follows:
49 1. Creation. In any city as hereinbefore or hereafter authorized such
50 tribunal when created shall be known as the parking violations bureau
51 and shall have jurisdiction of traffic infractions which constitute a
52 parking violation and, where authorized by local law adopted pursuant to
53 section eleven hundred eighty-e of this chapter, shall adjudicate the
54 liability of owners for violations of subdivision (b), (d), (f) or (g)
55 of section eleven hundred eighty of this chapter in accordance with
56 section eleven hundred eighty-e of this chapter. For the purposes of
S. 5223--B 12
1 this article, a parking violation is the violation of any law, rule or
2 regulation providing for or regulating the parking, stopping or standing
3 of a vehicle. In addition for purposes of this article, "commissioner"
4 shall mean and include the commissioner of traffic of the city or an
5 official possessing authority as such a commissioner.
6 § 3. Section 237 of the vehicle and traffic law is amended by adding a
7 new subdivision 17 to read as follows:
8 17. To adjudicate the liability of owners for violations of subdivi-
9 sion (b), (d), (f) or (g) of section eleven hundred eighty of this chap-
10 ter in accordance with section eleven hundred eighty-e of this chapter.
11 § 4. Paragraph f of subdivision 1 of section 239 of the vehicle and
12 traffic law, as separately amended by sections 4 of chapters 145 and 148
13 of the laws of 2019, is amended to read as follows:
14 f. "Notice of violation" means a notice of violation as defined in
15 subdivision nine of section two hundred thirty-seven of this article,
16 but shall not be deemed to include a notice of liability issued pursuant
17 to authorization set forth in section eleven hundred eleven-a of this
18 chapter, or sections eleven hundred eleven-b of this chapter as added by
19 sections sixteen of chapters twenty, and twenty-two of the laws of two
20 thousand nine, or section eleven hundred eleven-d of this chapter, or
21 section eleven hundred eleven-e of this chapter, or section eleven
22 hundred seventy-four-a of this chapter, and shall not be deemed to
23 include a notice of liability issued pursuant to section two thousand
24 nine hundred eighty-five of the public authorities law and sections
25 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
26 of the laws of nineteen hundred fifty and shall not be deemed to include
27 a notice of liability issued pursuant to section eleven hundred eleven-c
28 of this chapter and shall not be deemed to include a notice of liability
29 issued pursuant to section eleven hundred eighty-b of this chapter and
30 shall not be deemed to include a notice of liability issued pursuant to
31 section eleven hundred eighty-d of this chapter and shall not be deemed
32 to include a notice of liability issued pursuant to section eleven
33 hundred eighty-e of this chapter.
34 § 4-a. Paragraph f of subdivision 1 of section 239 of the vehicle and
35 traffic law, as amended by section 4 of chapter 145 of the laws of 2019,
36 is amended to read as follows:
37 f. "Notice of violation" means a notice of violation as defined in
38 subdivision nine of section two hundred thirty-seven of this article,
39 but shall not be deemed to include a notice of liability issued pursuant
40 to authorization set forth in section eleven hundred eleven-a of this
41 chapter, or sections eleven hundred eleven-b of this chapter as added by
42 sections sixteen of chapters twenty, and twenty-two of the laws of two
43 thousand nine, or section eleven hundred eleven-d of this chapter, or
44 section eleven hundred eleven-e of this chapter, or section eleven
45 hundred seventy-four-a of this chapter, and shall not be deemed to
46 include a notice of liability issued pursuant to section two thousand
47 nine hundred eighty-five of the public authorities law and sections
48 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
49 of the laws of nineteen hundred fifty and shall not be deemed to include
50 a notice of liability issued pursuant to section eleven hundred eleven-c
51 of this chapter and shall not be deemed to include a notice of liability
52 issued pursuant to section eleven hundred eighty-b of this chapter, and
53 shall not be deemed to include a notice of liability issued pursuant to
54 section eleven hundred eighty-e of this chapter.
S. 5223--B 13
1 § 4-b. Paragraph f of subdivision 1 of section 239 of the vehicle and
2 traffic law, as separately amended by sections 4-a of chapters 145 and
3 148 of the laws of 2019, is amended to read as follows:
4 f. "Notice of violation" means a notice of violation as defined in
5 subdivision nine of section two hundred thirty-seven of this article but
6 shall not be deemed to include a notice of liability issued pursuant to
7 authorization set forth in sections eleven hundred eleven-b of this
8 chapter as added by sections sixteen of chapters twenty, and twenty-two
9 of the laws of two thousand nine, or section eleven hundred eleven-d of
10 this chapter, or section eleven hundred eleven-e of this chapter or
11 section eleven hundred seventy-four-a of this chapter and shall not be
12 deemed to include a notice of liability issued pursuant to section elev-
13 en hundred eleven-c of this chapter and shall not be deemed to include a
14 notice of liability issued pursuant to section eleven hundred eighty-b
15 of this chapter and shall not be deemed to include a notice of liability
16 issued pursuant to section eleven hundred eighty-d of this chapter, and
17 shall not be deemed to include a notice of liability issued pursuant to
18 section eleven hundred eighty-e of this chapter.
19 § 4-c. Paragraph f of subdivision 1 of section 239 of the vehicle and
20 traffic law, as separately amended by sections 4-b of chapters 145 and
21 148 of the laws of 2019, is amended to read as follows:
22 f. "Notice of violation" means a notice of violation as defined in
23 subdivision nine of section two hundred thirty-seven of this article and
24 shall not be deemed to include a notice of liability issued pursuant to
25 authorization set forth in section eleven hundred eleven-d of this chap-
26 ter or to a notice of liability issued pursuant to authorization set
27 forth in section eleven hundred eleven-e of this chapter or to a notice
28 of liability issued pursuant to authorization set forth in section elev-
29 en hundred seventy-four-a of this chapter and shall not be deemed to
30 include a notice of liability issued pursuant to section eleven hundred
31 eleven-c of this chapter and shall not be deemed to include a notice of
32 liability issued pursuant to section eleven hundred eighty-b of this
33 chapter and shall not be deemed to include a notice of liability issued
34 pursuant to section eleven hundred eighty-d of this chapter, and shall
35 not be deemed to include a notice of liability issued pursuant to
36 section eleven hundred eighty-e of this chapter.
37 § 4-d. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as separately amended by sections 4-c of chapters 145 and
39 148 of the laws of 2019, is amended to read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article and
42 shall not be deemed to include a notice of liability issued pursuant to
43 authorization set forth in section eleven hundred eleven-d of this chap-
44 ter or to a notice of liability issued pursuant to authorization set
45 forth in section eleven hundred eleven-e of this chapter or to a notice
46 of liability issued pursuant to authorization set forth in section elev-
47 en hundred seventy-four-a of this chapter and shall not be deemed to
48 include a notice of liability issued pursuant to section eleven hundred
49 eighty-b of this chapter and shall not be deemed to include a notice of
50 liability issued pursuant to section eleven hundred eighty-d of this
51 chapter, and shall not be deemed to include a notice of liability issued
52 pursuant to section eleven hundred eighty-e of this chapter.
53 § 4-e. Paragraph f of subdivision 1 of section 239 of the vehicle and
54 traffic law, as separately amended by sections 4-d of chapters 145 and
55 148 of the laws of 2019, is amended to read as follows:
S. 5223--B 14
1 f. "Notice of violation" means a notice of violation as defined in
2 subdivision nine of section two hundred thirty-seven of this article and
3 shall not be deemed to include a notice of liability issued pursuant to
4 authorization set forth in section eleven hundred eleven-d of this chap-
5 ter or to a notice of liability issued pursuant to authorization set
6 forth in section eleven hundred eleven-e of this chapter or to a notice
7 of liability issued pursuant to authorization set forth in section elev-
8 en hundred seventy-four-a of this chapter and shall not be deemed to
9 include a notice of liability issued pursuant to section eleven hundred
10 eighty-d of this chapter, and shall not be deemed to include a notice of
11 liability issued pursuant to section eleven hundred eighty-e of this
12 chapter.
13 § 4-f. Paragraph f of subdivision 1 of section 239 of the vehicle and
14 traffic law, as separately amended by sections 4-e of chapters 145 and
15 148 of the laws of 2019, is amended to read as follows:
16 f. "Notice of violation" means a notice of violation as defined in
17 subdivision nine of section two hundred thirty-seven of this article and
18 shall not be deemed to include a notice of liability issued pursuant to
19 authorization set forth in section eleven hundred eleven-e of this chap-
20 ter or to a notice of liability issued pursuant to authorization set
21 forth in section eleven hundred seventy-four-a of this chapter and shall
22 not be deemed to include a notice of liability issued pursuant to
23 section eleven hundred eighty-d of this chapter, and shall not be deemed
24 to include a notice of liability issued pursuant to section eleven
25 hundred eighty-e of this chapter.
26 § 4-g. Paragraph f of subdivision 1 of section 239 of the vehicle and
27 traffic law, as separately amended by sections 4-f of chapters 145 and
28 148 of the laws of 2019, is amended to read as follows:
29 f. "Notice of violation" means a notice of violation as defined in
30 subdivision nine of section two hundred thirty-seven of this article and
31 shall not be deemed to include a notice of liability issued pursuant to
32 authorization set forth in section eleven hundred seventy-four-a of this
33 chapter and shall not be deemed to include a notice of liability issued
34 pursuant to section eleven hundred eighty-d of this chapter, and shall
35 not be deemed to include a notice of liability issued pursuant to
36 section eleven hundred eighty-e of this chapter.
37 § 4-h. Paragraph f of subdivision 1 of section 239 of the vehicle and
38 traffic law, as added by chapter 180 of the laws of 1980, is amended to
39 read as follows:
40 f. "Notice of violation" means a notice of violation as defined in
41 subdivision nine of section two hundred thirty-seven of this article,
42 but shall not be deemed to include a notice of liability issued pursuant
43 to authorization set forth in section eleven hundred eighty-e of this
44 chapter.
45 § 5. Subdivisions 1 and 1-a of section 240 of the vehicle and traffic
46 law, as separately amended by sections 5 of chapters 145 and 148 of the
47 laws of 2019, are amended to read as follows:
48 1. Notice of hearing. Whenever a person charged with a parking
49 violation enters a plea of not guilty or a person alleged to be liable
50 in accordance with section eleven hundred eleven-a of this chapter or
51 sections eleven hundred eleven-b of this chapter as added by sections
52 sixteen of chapters twenty, and twenty-two of the laws of two thousand
53 nine or section eleven hundred eleven-d of this chapter, or section
54 eleven hundred eleven-e of this chapter, or section eleven hundred
55 seventy-four-a of this chapter, for a violation of subdivision (d) of
56 section eleven hundred eleven of this chapter contests such allegation,
S. 5223--B 15
1 or a person alleged to be liable in accordance with the provisions of
2 section two thousand nine hundred eighty-five of the public authorities
3 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
4 hundred seventy-four of the laws of nineteen hundred fifty, or a person
5 alleged to be liable in accordance with the provisions of section eleven
6 hundred eleven-c of this chapter for a violation of a bus lane
7 restriction as defined in such section contests such allegation, or a
8 person alleged to be liable in accordance with the provisions of section
9 eleven hundred eighty-b of this chapter for a violation of subdivision
10 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
11 ter contests such allegation, or a person alleged to be liable in
12 accordance with the provisions of section eleven hundred eighty-d of
13 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
14 section eleven hundred eighty of this chapter contests such allegation,
15 or a person alleged to be liable in accordance with the provisions of
16 section eleven hundred eighty-e of this chapter for a violation of
17 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
18 this chapter contests such allegation the bureau shall advise such
19 person personally by such form of first class mail as the director may
20 direct of the date on which he or she must appear to answer the charge
21 at a hearing. The form and content of such notice of hearing shall be
22 prescribed by the director, and shall contain a warning to advise the
23 person so pleading or contesting that failure to appear on the date
24 designated, or on any subsequent adjourned date, shall be deemed an
25 admission of liability, and that a default judgment may be entered ther-
26 eon.
27 1-a. Fines and penalties. Whenever a plea of not guilty has been
28 entered, or the bureau has been notified that an allegation of liability
29 in accordance with section eleven hundred eleven-a of this chapter or
30 sections eleven hundred eleven-b of this chapter [as added by sections
31 sixteen of chapters twenty, and twenty-two of the laws of two thousand
32 nine] or section eleven hundred eleven-d of this chapter or section
33 eleven hundred eleven-e of this chapter or section eleven hundred seven-
34 ty-four-a of this chapter or an allegation of liability in accordance
35 with section two thousand nine hundred eighty-five of the public author-
36 ities law or sections sixteen-a, sixteen-b and sixteen-c of chapter
37 seven hundred seventy-four of the laws of nineteen hundred fifty or an
38 allegation of liability in accordance with section eleven hundred
39 eleven-c of this chapter or an allegation of liability in accordance
40 with section eleven hundred eighty-b of this chapter or an allegation of
41 liability in accordance with section eleven hundred eighty-d of this
42 chapter, or an allegation of liability in accordance with section eleven
43 hundred eighty-e of this chapter is being contested, by a person in a
44 timely fashion and a hearing upon the merits has been demanded, but has
45 not yet been held, the bureau shall not issue any notice of fine or
46 penalty to that person prior to the date of the hearing.
47 § 5-a. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
48 fic law, as amended by section 5 of chapter 145 of the laws of 2019, are
49 amended to read as follows:
50 1. Notice of hearing. Whenever a person charged with a parking
51 violation enters a plea of not guilty or a person alleged to be liable
52 in accordance with section eleven hundred eleven-a of this chapter or
53 sections eleven hundred eleven-b of this chapter as added by sections
54 sixteen of chapters twenty, and twenty-two of the laws of two thousand
55 nine or section eleven hundred eleven-d of this chapter, or section
56 eleven hundred eleven-e of this chapter, or section eleven hundred
S. 5223--B 16
1 seventy-four-a of this chapter, for a violation of subdivision (d) of
2 section eleven hundred eleven of this chapter contests such allegation,
3 or a person alleged to be liable in accordance with the provisions of
4 section two thousand nine hundred eighty-five of the public authorities
5 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
6 hundred seventy-four of the laws of nineteen hundred fifty, or a person
7 alleged to be liable in accordance with the provisions of section eleven
8 hundred eleven-c of this chapter for a violation of a bus lane
9 restriction as defined in such section contests such allegation, or a
10 person alleged to be liable in accordance with the provisions of section
11 eleven hundred eighty-b of this chapter for a violation of subdivision
12 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
13 ter contests such allegation, or a person alleged to be liable in
14 accordance with the provisions of section eleven hundred eighty-e of
15 this chapter for a violation of subdivision (b), (d), (f) or (g) of
16 section eleven hundred eighty of this chapter contests such allegation,
17 the bureau shall advise such person personally by such form of first
18 class mail as the director may direct of the date on which he or she
19 must appear to answer the charge at a hearing. The form and content of
20 such notice of hearing shall be prescribed by the director, and shall
21 contain a warning to advise the person so pleading or contesting that
22 failure to appear on the date designated, or on any subsequent adjourned
23 date, shall be deemed an admission of liability, and that a default
24 judgment may be entered thereon.
25 1-a. Fines and penalties. Whenever a plea of not guilty has been
26 entered, or the bureau has been notified that an allegation of liability
27 in accordance with section eleven hundred eleven-a of this chapter or
28 sections eleven hundred eleven-b of this chapter as added by sections
29 sixteen of chapters twenty, and twenty-two of the laws of two thousand
30 nine or section eleven hundred eleven-d of this chapter or section elev-
31 en hundred eleven-e of this chapter or section eleven hundred seventy-
32 four-a of this chapter or an allegation of liability in accordance with
33 section two thousand nine hundred eighty-five of the public authorities
34 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
35 hundred seventy-four of the laws of nineteen hundred fifty or an allega-
36 tion of liability in accordance with section eleven hundred eleven-c of
37 this chapter or an allegation of liability in accordance with section
38 eleven hundred eighty-b of this chapter, or an allegation of liability
39 in accordance with section eleven hundred eighty-e of this chapter is
40 being contested, by a person in a timely fashion and a hearing upon the
41 merits has been demanded, but has not yet been held, the bureau shall
42 not issue any notice of fine or penalty to that person prior to the date
43 of the hearing.
44 § 5-b. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
45 fic law, as separately amended by sections 5-a of chapters 145 and 148
46 of the laws of 2019, are amended to read as follows:
47 1. Notice of hearing. Whenever a person charged with a parking
48 violation enters a plea of not guilty or a person alleged to be liable
49 in accordance with sections eleven hundred eleven-b of this chapter as
50 added by sections sixteen of chapters twenty, and twenty-two of the laws
51 of two thousand nine or section eleven hundred eleven-d of this chapter
52 or section eleven hundred eleven-e of this chapter or section eleven
53 hundred seventy-four-a of this chapter for a violation of subdivision
54 (d) of section eleven hundred eleven of this chapter, or a person
55 alleged to be liable in accordance with the provisions of section eleven
56 hundred eleven-c of this chapter for a violation of a bus lane
S. 5223--B 17
1 restriction as defined in such section contests such allegation, or a
2 person alleged to be liable in accordance with the provisions of section
3 eleven hundred eighty-b of this chapter for violations of subdivision
4 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
5 ter contests such allegation, or a person alleged to be liable in
6 accordance with the provisions of section eleven hundred eighty-d of
7 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
8 section eleven hundred eighty of this chapter contests such allegation,
9 or a person alleged to be liable in accordance with the provisions of
10 section eleven hundred eighty-e of this chapter for a violation of
11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter contests such allegation, the bureau shall advise such
13 person personally by such form of first class mail as the director may
14 direct of the date on which he or she must appear to answer the charge
15 at a hearing. The form and content of such notice of hearing shall be
16 prescribed by the director, and shall contain a warning to advise the
17 person so pleading or contesting that failure to appear on the date
18 designated, or on any subsequent adjourned date, shall be deemed an
19 admission of liability, and that a default judgment may be entered ther-
20 eon.
21 1-a. Fines and penalties. Whenever a plea of not guilty has been
22 entered, or the bureau has been notified that an allegation of liability
23 in accordance with sections eleven hundred eleven-b of this chapter, as
24 added by sections sixteen of chapters twenty, and twenty-two of the laws
25 of two thousand nine or in accordance with section eleven hundred
26 eleven-d of this chapter, or in accordance with section eleven hundred
27 eleven-e of this chapter or section eleven hundred seventy-four-a of
28 this chapter or an allegation of liability in accordance with section
29 eleven hundred eleven-c of this chapter or an allegation of liability in
30 accordance with section eleven hundred eighty-b of this chapter or an
31 allegation of liability in accordance with section eleven hundred eight-
32 y-d of this chapter, or an allegation of liability in accordance with
33 section eleven hundred eighty-e of this chapter is being contested, by a
34 person in a timely fashion and a hearing upon the merits has been
35 demanded, but has not yet been held, the bureau shall not issue any
36 notice of fine or penalty to that person prior to the date of the hear-
37 ing.
38 § 5-c. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
39 fic law, as separately amended by sections 5-b of chapters 145 and 148
40 of the laws of 2019, are amended to read as follows:
41 1. Notice of hearing. Whenever a person charged with a parking
42 violation enters a plea of not guilty or a person alleged to be liable
43 in accordance with section eleven hundred eleven-d of this chapter or in
44 accordance with section eleven hundred eleven-e of this chapter or
45 section eleven hundred seventy-four-a of this chapter or in accordance
46 with the provisions of section eleven hundred eleven-c of this chapter
47 for a violation of a bus lane restriction as defined in such section,
48 contests such allegation, or a person alleged to be liable in accordance
49 with the provisions of section eleven hundred eighty-b of this chapter
50 for violations of subdivision (b), (c), (d), (f) or (g) of section elev-
51 en hundred eighty of this chapter contests such allegation, or a person
52 alleged to be liable in accordance with the provisions of section eleven
53 hundred eighty-d of this chapter for a violation of subdivision (b),
54 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter
55 contests such allegation, or a person alleged to be liable in accordance
56 with the provisions of section eleven hundred eighty-e of this chapter
S. 5223--B 18
1 for a violation of subdivision (b), (d), (f) or (g) of section eleven
2 hundred eighty of this chapter contests such allegation, the bureau
3 shall advise such person personally by such form of first class mail as
4 the director may direct of the date on which he or she must appear to
5 answer the charge at a hearing. The form and content of such notice of
6 hearing shall be prescribed by the director, and shall contain a warning
7 to advise the person so pleading that failure to appear on the date
8 designated, or on any subsequent adjourned date, shall be deemed an
9 admission of liability, and that a default judgment may be entered ther-
10 eon.
11 1-a. Fines and penalties. Whenever a plea of not guilty has been
12 entered, or the bureau has been notified that an allegation of liability
13 in accordance with section eleven hundred eleven-d of this chapter or in
14 accordance with section eleven hundred eleven-e of this chapter or
15 section eleven hundred seventy-four-a of this chapter or in accordance
16 with section eleven hundred eleven-c of this chapter or an allegation of
17 liability in accordance with section eleven hundred eighty-b of this
18 chapter or an allegation of liability in accordance with section eleven
19 hundred eighty-d of this chapter, or an allegation of liability in
20 accordance with section eleven hundred eighty-e of this chapter, is
21 being contested, by a person in a timely fashion and a hearing upon the
22 merits has been demanded, but has not yet been held, the bureau shall
23 not issue any notice of fine or penalty to that person prior to the date
24 of the hearing.
25 § 5-d. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
26 fic law, as separately amended by sections 5-c of chapters 145 and 148
27 of the laws of 2019, are amended to read as follows:
28 1. Notice of hearing. Whenever a person charged with a parking
29 violation enters a plea of not guilty, or a person alleged to be liable
30 in accordance with section eleven hundred eleven-d of this chapter, or a
31 person alleged to be liable in accordance with section eleven hundred
32 eleven-e of this chapter, or a person alleged to be liable in accordance
33 with section eleven hundred seventy-four-a of this chapter, or a person
34 alleged to be liable in accordance with the provisions of section eleven
35 hundred eighty-b of this chapter for violations of subdivision (b), (c),
36 (d), (f) or (g) of section eleven hundred eighty of this chapter
37 contests such allegation, or a person alleged to be liable in accordance
38 with the provisions of section eleven hundred eighty-d of this chapter
39 for a violation of subdivision (b), (c), (d), (f) or (g) of section
40 eleven hundred eighty of this chapter contests such allegation, or a
41 person alleged to be liable in accordance with the provisions of section
42 eleven hundred eighty-e of this chapter for a violation of subdivision
43 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter
44 contests such allegation, the bureau shall advise such person personally
45 by such form of first class mail as the director may direct of the date
46 on which he or she must appear to answer the charge at a hearing. The
47 form and content of such notice of hearing shall be prescribed by the
48 director, and shall contain a warning to advise the person so pleading
49 that failure to appear on the date designated, or on any subsequent
50 adjourned date, shall be deemed an admission of liability, and that a
51 default judgment may be entered thereon.
52 1-a. Fines and penalties. Whenever a plea of not guilty has been
53 entered, or the bureau has been notified that an allegation of liability
54 in accordance with section eleven hundred eleven-d of this chapter, or
55 the bureau has been notified that an allegation of liability in accord-
56 ance with section eleven hundred eleven-e of this chapter, or the bureau
S. 5223--B 19
1 has been notified that an allegation of liability in accordance with
2 section eleven hundred seventy-four-a of this chapter, or the bureau has
3 been notified that an allegation of liability in accordance with section
4 eleven hundred eighty-b of this chapter, or an allegation of liability
5 in accordance with section eleven hundred eighty-d of this chapter, or
6 an allegation of liability in accordance with section eleven hundred
7 eighty-e of this chapter is being contested, by a person in a timely
8 fashion and a hearing upon the merits has been demanded, but has not yet
9 been held, the bureau shall not issue any notice of fine or penalty to
10 that person prior to the date of the hearing.
11 § 5-e. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
12 fic law, as separately amended by sections 5-d of chapters 145 and 148
13 of the laws of 2019, are amended to read as follows:
14 1. Notice of hearing. Whenever a person charged with a parking
15 violation enters a plea of not guilty, or a person alleged to be liable
16 in accordance with section eleven hundred eleven-d of this chapter
17 contests such allegation, or a person alleged to be liable in accordance
18 with section eleven hundred eleven-e of this chapter contests such alle-
19 gation, or a person alleged to be liable in accordance with the
20 provisions of section eleven hundred eighty-d of this chapter for a
21 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
22 hundred eighty of this chapter contests such allegation, or a person
23 alleged to be liable in accordance with the provisions of section eleven
24 hundred eighty-e of this chapter for a violation of subdivision (b),
25 (d), (f) or (g) of section eleven hundred eighty of this chapter
26 contests such allegation, or a person alleged to be liable in accordance
27 with section eleven hundred seventy-four-a of this chapter contests such
28 allegation, the bureau shall advise such person personally by such form
29 of first class mail as the director may direct of the date on which he
30 or she must appear to answer the charge at a hearing. The form and
31 content of such notice of hearing shall be prescribed by the director,
32 and shall contain a warning to advise the person so pleading that fail-
33 ure to appear on the date designated, or on any subsequent adjourned
34 date, shall be deemed an admission of liability, and that a default
35 judgment may be entered thereon.
36 1-a. Fines and penalties. Whenever a plea of not guilty has been
37 entered, or the bureau has been notified that an allegation of liability
38 in accordance with section eleven hundred eleven-d of this chapter, is
39 being contested, or the bureau has been notified that an allegation of
40 liability in accordance with section eleven hundred eleven-e of this
41 chapter, or an allegation of liability in accordance with section eleven
42 hundred eighty-d of this chapter, is being contested, or the bureau has
43 been notified that an allegation of liability in accordance with section
44 eleven hundred eighty-e of this chapter is being contested, or the
45 bureau has been notified that an allegation of liability in accordance
46 with section eleven hundred seventy-four-a of this chapter, is being
47 contested, by a person in a timely fashion and a hearing upon the merits
48 has been demanded, but has not yet been held, the bureau shall not issue
49 any notice of fine or penalty to that person prior to the date of the
50 hearing.
51 § 5-f. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
52 fic law, as separately amended by sections 5-e of chapters 145 and 148
53 of the laws of 2019, are amended to read as follows:
54 1. Notice of hearing. Whenever a person charged with a parking
55 violation enters a plea of not guilty, or a person alleged to be liable
56 in accordance with section eleven hundred eleven-e of this chapter
S. 5223--B 20
1 contests such allegation, or a person alleged to be liable in accordance
2 with the provisions of section eleven hundred eighty-d of this chapter
3 for a violation of subdivision (b), (c), (d), (f) or (g) of section
4 eleven hundred eighty of this chapter contests such allegation, or a
5 person alleged to be liable in accordance with the provisions of section
6 eleven hundred eighty-e of this chapter for a violation of subdivision
7 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter
8 contests such allegation, or a person alleged to be liable in accordance
9 with section eleven hundred seventy-four-a of this chapter contests such
10 allegation, the bureau shall advise such person personally by such form
11 of first class mail as the director may direct of the date on which he
12 or she must appear to answer the charge at a hearing. The form and
13 content of such notice of hearing shall be prescribed by the director,
14 and shall contain a warning to advise the person so pleading that fail-
15 ure to appear on the date designated, or on any subsequent adjourned
16 date, shall be deemed an admission of liability, and that a default
17 judgment may be entered thereon.
18 1-a. Fines and penalties. Whenever a plea of not guilty has been
19 entered, or the bureau has been notified that an allegation of liability
20 in accordance with section eleven hundred eleven-e of this chapter, or
21 an allegation of liability in accordance with section eleven hundred
22 eighty-d of this chapter, is being contested, or the bureau has been
23 notified that an allegation of liability in accordance with section
24 eleven hundred eighty-e of this chapter is being contested, or the
25 bureau has been notified that an allegation of liability in accordance
26 with section eleven hundred seventy-four-a of this chapter, is being
27 contested, by a person in a timely fashion and a hearing upon the merits
28 has been demanded, but has not yet been held, the bureau shall not issue
29 any notice of fine or penalty to that person prior to the date of the
30 hearing.
31 § 5-g. Subdivisions 1 and 1-a of section 240 of the vehicle and traf-
32 fic law, as separately amended by sections 5-f of chapters 145 and 148
33 of the laws of 2019, are amended to read as follows:
34 1. Notice of hearing. Whenever a person charged with a parking
35 violation enters a plea of not guilty, or a person alleged to be liable
36 in accordance with the provisions of section eleven hundred eighty-d of
37 this chapter for a violation of subdivision (b), (c), (d), (f) or (g) of
38 section eleven hundred eighty of this chapter contests such allegation,
39 or a person alleged to be liable in accordance with the provisions of
40 section eleven hundred eighty-e of this chapter for a violation of
41 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
42 this chapter contests such allegation, or a person alleged to be liable
43 in accordance with section eleven hundred seventy-four-a of this chapter
44 contests such allegation, the bureau shall advise such person personally
45 by such form of first class mail as the director may direct of the date
46 on which he or she must appear to answer the charge at a hearing. The
47 form and content of such notice of hearing shall be prescribed by the
48 director, and shall contain a warning to advise the person so pleading
49 that failure to appear on the date designated, or on any subsequent
50 adjourned date, shall be deemed an admission of liability, and that a
51 default judgment may be entered thereon.
52 1-a. Fines and penalties. Whenever a plea of not guilty has been
53 entered, or the bureau has been notified that an allegation of liability
54 in accordance with section eleven hundred seventy-four-a of this chap-
55 ter, is being contested, or the bureau has been notified that an allega-
56 tion of liability in accordance with section eleven hundred eighty-d of
S. 5223--B 21
1 this chapter is being contested, or the bureau has been notified that an
2 allegation of liability in accordance with section eleven hundred eight-
3 y-e of this chapter is being contested, by a person in a timely fashion
4 and a hearing upon the merits has been demanded, but has not yet been
5 held, the bureau shall not issue any notice of fine or penalty to that
6 person prior to the date of the hearing.
7 § 5-h. Subdivision 1 of section 240 of the vehicle and traffic law, as
8 added by chapter 715 of the laws of 1972, is amended to read as follows:
9 1. Notice of hearing. Whenever a person charged with a parking
10 violation enters a plea of not guilty, or a person alleged to be liable
11 in accordance with the provisions of section eleven hundred eighty-e of
12 this chapter for a violation of subdivision (b), (d), (f) or (g) of
13 section eleven hundred eighty of this chapter contests such allegation,
14 the bureau shall advise such person personally by such form of first
15 class mail as the director may direct of the date on which he must
16 appear to answer the charge at a hearing. The form and content of such
17 notice of hearing shall be prescribed by the director, and shall contain
18 a warning to advise the person so pleading that failure to appear on the
19 date designated, or on any subsequent adjourned date, shall be deemed an
20 admission of liability, and that a default judgment may be entered ther-
21 eon.
22 § 5-i. Subdivision 1-a of section 240 of the vehicle and traffic law,
23 as added by chapter 365 of the laws of 1978, is amended to read as
24 follows:
25 1-a. Fines and penalties. Whenever a plea of not guilty has been
26 entered, or the bureau has been notified that an allegation of liability
27 in accordance with section eleven hundred eighty-e of this chapter is
28 being contested by a person in a timely fashion and a hearing upon the
29 merits has been demanded, but has not yet been held, the bureau shall
30 not issue any notice of fine or penalty to that person prior to the date
31 of the hearing.
32 § 6. Paragraphs a and g of subdivision 2 of section 240 of the vehicle
33 and traffic law, as separately amended by sections 6 of chapters 145 and
34 148 of the laws of 2019, are amended to read as follows:
35 a. Every hearing for the adjudication of a charge of parking violation
36 or an allegation of liability in accordance with section eleven hundred
37 eleven-a of this chapter or in accordance with sections eleven hundred
38 eleven-b of this chapter as added by sections sixteen of chapters twen-
39 ty, and twenty-two of the laws of two thousand nine or in accordance
40 with section eleven hundred eleven-d of this chapter or in accordance
41 with section eleven hundred eleven-e of this chapter or in accordance
42 with section eleven hundred seventy-four-a of this chapter or an allega-
43 tion of liability in accordance with section two thousand nine hundred
44 eighty-five of the public authorities law or sections sixteen-a,
45 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
46 laws of nineteen hundred fifty or an allegation of liability in accord-
47 ance with section eleven hundred eleven-c of this chapter or an allega-
48 tion of liability in accordance with section eleven hundred eighty-b of
49 this chapter, or an allegation of liability in accordance with section
50 eleven hundred eighty-d of this chapter, or an allegation of liability
51 in accordance with section eleven hundred eighty-e of this chapter,
52 shall be held before a hearing examiner in accordance with rules and
53 regulations promulgated by the bureau.
54 g. A record shall be made of a hearing on a plea of not guilty or of a
55 hearing at which liability in accordance with section eleven hundred
56 eleven-a of this chapter or in accordance with sections eleven hundred
S. 5223--B 22
1 eleven-b of this chapter as added by sections sixteen of chapters twen-
2 ty, and twenty-two of the laws of two thousand nine or in accordance
3 with section eleven hundred eleven-d of this chapter is contested or in
4 accordance with section eleven hundred eleven-e of this chapter is
5 contested or in accordance with section eleven hundred seventy-four-a of
6 this chapter is contested or of a hearing at which liability in accord-
7 ance with section two thousand nine hundred eighty-five of the public
8 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
9 ter seven hundred seventy-four of the laws of nineteen hundred fifty is
10 contested or of a hearing at which liability in accordance with section
11 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
12 ity in accordance with section eleven hundred eighty-b of this chapter
13 or of a hearing at which liability in accordance with section eleven
14 hundred eighty-d of this chapter or of a hearing at which liability in
15 accordance with section eleven hundred eighty-e of this chapter is
16 contested. Recording devices may be used for the making of the record.
17 § 6-a. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
18 cle and traffic law, as amended by section 6 of chapter 145 of the laws
19 of 2019, are amended to read as follows:
20 a. Every hearing for the adjudication of a charge of parking violation
21 or an allegation of liability in accordance with section eleven hundred
22 eleven-a of this chapter or in accordance with sections eleven hundred
23 eleven-b of this chapter as added by sections sixteen of chapters twen-
24 ty, and twenty-two of the laws of two thousand nine or in accordance
25 with section eleven hundred eleven-d of this chapter or in accordance
26 with section eleven hundred eleven-e of this chapter or in accordance
27 with section eleven hundred seventy-four-a of this chapter or an allega-
28 tion of liability in accordance with section two thousand nine hundred
29 eighty-five of the public authorities law or sections sixteen-a,
30 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
31 laws of nineteen hundred fifty or an allegation of liability in accord-
32 ance with section eleven hundred eleven-c of this chapter or an allega-
33 tion of liability in accordance with section eleven hundred eighty-b of
34 this chapter or an allegation of liability in accordance with section
35 eleven hundred eighty-e of this chapter, shall be held before a hearing
36 examiner in accordance with rules and regulations promulgated by the
37 bureau.
38 g. A record shall be made of a hearing on a plea of not guilty or of a
39 hearing at which liability in accordance with section eleven hundred
40 eleven-a of this chapter or in accordance with sections eleven hundred
41 eleven-b of this chapter as added by sections sixteen of chapters twen-
42 ty, and twenty-two of the laws of two thousand nine or in accordance
43 with section eleven hundred eleven-d of this chapter is contested or in
44 accordance with section eleven hundred eleven-e of this chapter is
45 contested or in accordance with section eleven hundred seventy-four-a of
46 this chapter is contested or of a hearing at which liability in accord-
47 ance with section two thousand nine hundred eighty-five of the public
48 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
49 ter seven hundred seventy-four of the laws of nineteen hundred fifty is
50 contested or of a hearing at which liability in accordance with section
51 eleven hundred eleven-c of this chapter or of a hearing at which liabil-
52 ity in accordance with section eleven hundred eighty-b of this chapter
53 or of a hearing at which liability in accordance with section eleven
54 hundred eighty-e of this chapter is contested. Recording devices may be
55 used for the making of the record.
S. 5223--B 23
1 § 6-b. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
2 cle and traffic law, as separately amended by sections 6-a of chapters
3 145 and 148 of the laws of 2019, are amended to read as follows:
4 a. Every hearing for the adjudication of a charge of parking violation
5 or an allegation of liability in accordance with sections eleven hundred
6 eleven-b of this chapter, as added by sections sixteen of chapters twen-
7 ty, and twenty-two of the laws of two thousand nine or in accordance
8 with section eleven hundred eleven-d of this chapter or in accordance
9 with section eleven hundred eleven-e of this chapter or in accordance
10 with section eleven hundred seventy-four-a of this chapter or an allega-
11 tion of liability in accordance with section eleven hundred eleven-c of
12 this chapter or an allegation of liability in accordance with section
13 eleven hundred eighty-b of this chapter or an allegation of liability in
14 accordance with section eleven hundred eighty-d of this chapter or an
15 allegation of liability in accordance with section eleven hundred eight-
16 y-e of this chapter, shall be held before a hearing examiner in accord-
17 ance with rules and regulations promulgated by the bureau.
18 g. A record shall be made of a hearing on a plea of not guilty or of a
19 hearing at which liability in accordance with sections eleven hundred
20 eleven-b of this chapter, as added by sections sixteen of chapters twen-
21 ty, and twenty-two of the laws of two thousand nine or in accordance
22 with section eleven hundred eleven-d of this chapter or in accordance
23 with section eleven hundred eleven-e of this chapter or in accordance
24 with section eleven hundred seventy-four-a of this chapter or of a hear-
25 ing at which liability in accordance with section eleven hundred
26 eleven-c of this chapter or of a hearing at which liability in accord-
27 ance with section eleven hundred eighty-b of this chapter or of a hear-
28 ing at which liability in accordance with section eleven hundred eight-
29 y-d of this chapter or of a hearing at which liability in accordance
30 with section eleven hundred eighty-e of this chapter is contested.
31 Recording devices may be used for the making of the record.
32 § 6-c. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
33 cle and traffic law, as separately amended by sections 6-b of chapters
34 145 and 148 of the laws of 2019, are amended to read as follows:
35 a. Every hearing for the adjudication of a charge of parking violation
36 or an allegation of liability in accordance with section eleven hundred
37 seventy-four-a of this chapter or an allegation of liability in accord-
38 ance with section eleven hundred eleven-e of this chapter or an allega-
39 tion of liability in accordance with section eleven hundred eleven-d of
40 this chapter or an allegation of liability in accordance with section
41 eleven hundred eleven-c of this chapter or an allegation of liability in
42 accordance with section eleven hundred eighty-b of this chapter or an
43 allegation of liability in accordance with section eleven hundred eight-
44 y-d of this chapter or an allegation of liability in accordance with
45 section eleven hundred eighty-e of this chapter shall be held before a
46 hearing examiner in accordance with rules and regulations promulgated by
47 the bureau.
48 g. A record shall be made of a hearing on a plea of not guilty or of a
49 hearing at which liability in accordance with section eleven hundred
50 seventy-four-a of this chapter or of a hearing at which liability in
51 accordance with section eleven hundred eleven-e of this chapter or of a
52 hearing at which liability in accordance with section eleven hundred
53 eleven-d of this chapter or of a hearing at which liability in accord-
54 ance with section eleven hundred eleven-c of this chapter or of a hear-
55 ing at which liability in accordance with section eleven hundred eight-
56 y-b of this chapter or of a hearing at which liability in accordance
S. 5223--B 24
1 with section eleven hundred eighty-d of this chapter or of a hearing at
2 which liability in accordance with section eleven hundred eighty-e of
3 this chapter is contested. Recording devices may be used for the making
4 of the record.
5 § 6-d. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
6 cle and traffic law, as separately amended by sections 6-c of chapters
7 145 and 148 of the laws of 2019, are amended to read as follows:
8 a. Every hearing for the adjudication of a charge of parking violation
9 or an allegation of liability in accordance with section eleven hundred
10 seventy-four-a of this chapter or an allegation of liability in accord-
11 ance with section eleven hundred eleven-e of this chapter or an allega-
12 tion of liability in accordance with section eleven hundred eleven-d of
13 this chapter or an allegation of liability in accordance with section
14 eleven hundred eighty-b of this chapter or an allegation of liability in
15 accordance with section eleven hundred eighty-d of this chapter or an
16 allegation of liability in accordance with section eleven hundred eight-
17 y-e of this chapter shall be held before a hearing examiner in accord-
18 ance with rules and regulations promulgated by the bureau.
19 g. A record shall be made of a hearing on a plea of not guilty or of a
20 hearing at which liability in accordance with section eleven hundred
21 seventy-four-a of this chapter or of a hearing at which liability in
22 accordance with section eleven hundred eleven-e of this chapter or of a
23 hearing at which liability in accordance with section eleven hundred
24 eleven-d of this chapter or of a hearing at which liability in accord-
25 ance with section eleven hundred eighty-b of this chapter or of a hear-
26 ing at which liability in accordance with section eleven hundred eight-
27 y-d of this chapter or of a hearing at which liability in accordance
28 with section eleven hundred eighty-e of this chapter is contested.
29 Recording devices may be used for the making of the record.
30 § 6-e. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
31 cle and traffic law, as separately amended by section 6-d of chapters
32 145 and 148 of the laws of 2019, are amended to read as follows:
33 a. Every hearing for the adjudication of a charge of parking violation
34 or an allegation of liability in accordance with section eleven hundred
35 seventy-four-a of this chapter or an allegation of liability in accord-
36 ance with section eleven hundred eleven-e of this chapter or an allega-
37 tion of liability in accordance with section eleven hundred eleven-d of
38 this chapter or an allegation of liability in accordance with section
39 eleven hundred eighty-d of this chapter or an allegation of liability in
40 accordance with section eleven hundred eighty-e of this chapter shall be
41 held before a hearing examiner in accordance with rules and regulations
42 promulgated by the bureau.
43 g. A record shall be made of a hearing on a plea of not guilty or a
44 hearing at which liability in accordance with section eleven hundred
45 eleven-d of this chapter is contested or of a hearing at which liability
46 in accordance with section eleven hundred seventy-four-a of this chapter
47 or a hearing at which liability in accordance with section eleven
48 hundred eleven-e of this chapter or a hearing at which liability in
49 accordance with section eleven hundred eighty-d of this chapter or of a
50 hearing at which liability in accordance with section eleven hundred
51 eighty-e of this chapter is contested. Recording devices may be used for
52 the making of the record.
53 § 6-f. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
54 cle and traffic law, as separately amended by section 6-e of chapters
55 145 and 148 of the laws of 2019, are amended to read as follows:
S. 5223--B 25
1 a. Every hearing for the adjudication of a charge of parking violation
2 or an allegation of liability in accordance with section eleven hundred
3 eleven-e of this chapter or an allegation of liability in accordance
4 with section eleven hundred seventy-four-a of this chapter or an allega-
5 tion of liability in accordance with section eleven hundred eighty-d of
6 this chapter or an allegation of liability in accordance with section
7 eleven hundred eighty-e of this chapter shall be held before a hearing
8 examiner in accordance with rules and regulations promulgated by the
9 bureau.
10 g. A record shall be made of a hearing on a plea of not guilty or a
11 hearing at which liability in accordance with section eleven hundred
12 eleven-e of this chapter or a hearing at which liability in accordance
13 with section eleven hundred eighty-d of this chapter or a hearing at
14 which liability in accordance with section eleven hundred eighty-e of
15 this chapter is contested or a hearing at which liability in accordance
16 with section eleven hundred seventy-four-a of this chapter is contested.
17 Recording devices may be used for the making of the record.
18 § 6-g. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
19 cle and traffic law, as separately amended by sections 6-f of chapters
20 145 and 148 of the laws of 2019, are amended to read as follows:
21 a. Every hearing for the adjudication of a charge of parking violation
22 or an allegation of liability in accordance with section eleven hundred
23 seventy-four-a of this chapter or an allegation of liability in accord-
24 ance with section eleven hundred eighty-d of this chapter or an allega-
25 tion of liability in accordance with section eleven hundred eighty-e of
26 this chapter shall be held before a hearing examiner in accordance with
27 rules and regulations promulgated by the bureau.
28 g. A record shall be made of a hearing on a plea of not guilty or a
29 hearing at which liability in accordance with section eleven hundred
30 seventy-four-a of this chapter is contested or a hearing at which
31 liability in accordance with section eleven hundred eighty-d of this
32 chapter is contested or a hearing at which liability in accordance with
33 section eleven hundred eighty-e of this chapter is contested. Recording
34 devices may be used for the making of the record.
35 § 6-h. Paragraphs a and g of subdivision 2 of section 240 of the vehi-
36 cle and traffic law, as added by chapter 715 of the laws of 1972, are
37 amended to read as follows:
38 a. Every hearing for the adjudication of a charge of parking violation
39 or an allegation of liability in accordance with section eleven hundred
40 eighty-e of this chapter shall be held before a hearing examiner in
41 accordance with rules and regulations promulgated by the bureau.
42 g. A record shall be made of a hearing on a plea of not guilty or of a
43 hearing at which liability in accordance with section eleven hundred
44 eighty-e of this chapter is contested. Recording devices may be used
45 for the making of the record.
46 § 7. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
47 law, as separately amended by sections 7 of chapters 145 and 148 of the
48 laws of 2019, are amended to read as follows:
49 1. The hearing examiner shall make a determination on the charges,
50 either sustaining or dismissing them. Where the hearing examiner deter-
51 mines that the charges have been sustained he or she may examine either
52 the prior parking violations record or the record of liabilities
53 incurred in accordance with section eleven hundred eleven-a of this
54 chapter or in accordance with sections eleven hundred eleven-b of this
55 chapter [as added by sections sixteen of chapters twenty, and twenty-two
56 of the laws of two thousand nine] or in accordance with section eleven
S. 5223--B 26
1 hundred eleven-d of this chapter or in accordance with section eleven
2 hundred eleven-e of this chapter or in accordance with section eleven
3 hundred seventy-four-a of this chapter or the record of liabilities
4 incurred in accordance with section two thousand nine hundred eighty-
5 five of the public authorities law or sections sixteen-a, sixteen-b and
6 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
7 hundred fifty of the person charged, or the record of liabilities
8 incurred in accordance with section eleven hundred eleven-c of this
9 chapter, or the record of liabilities incurred in accordance with
10 section eleven hundred eighty-b of this chapter, or in the record of
11 liabilities incurred in accordance with section eleven hundred eighty-d
12 of this chapter of the person charged, or in the record of liabilities
13 incurred in accordance with section eleven hundred eighty-e of this
14 chapter of the person charged, as applicable prior to rendering a final
15 determination. Final determinations sustaining or dismissing charges
16 shall be entered on a final determination roll maintained by the bureau
17 together with records showing payment and nonpayment of penalties.
18 2. Where an operator or owner fails to enter a plea to a charge of a
19 parking violation or contest an allegation of liability in accordance
20 with section eleven hundred eleven-a of this chapter or in accordance
21 with sections eleven hundred eleven-b of this chapter [as added by
22 sections sixteen of chapters twenty, and twenty-two of the laws of two
23 thousand nine] or in accordance with section eleven hundred eleven-d of
24 this chapter or in accordance with section eleven hundred eleven-e of
25 this chapter or in accordance with section eleven hundred seventy-four-a
26 of this chapter or fails to contest an allegation of liability in
27 accordance with section two thousand nine hundred eighty-five of the
28 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
29 chapter seven hundred seventy-four of the laws of nineteen hundred
30 fifty, or fails to contest an allegation of liability in accordance with
31 section eleven hundred eleven-c of this chapter or fails to contest an
32 allegation of liability in accordance with section eleven hundred eight-
33 y-b of this chapter or fails to contest an allegation of liability in
34 accordance with section eleven hundred eighty-d of this chapter or fails
35 to contest an allegation of liability in accordance with section eleven
36 hundred eighty-e of this chapter or fails to appear on a designated
37 hearing date or subsequent adjourned date or fails after a hearing to
38 comply with the determination of a hearing examiner, as prescribed by
39 this article or by rule or regulation of the bureau, such failure to
40 plead or contest, appear or comply shall be deemed, for all purposes, an
41 admission of liability and shall be grounds for rendering and entering a
42 default judgment in an amount provided by the rules and regulations of
43 the bureau. However, after the expiration of the original date
44 prescribed for entering a plea and before a default judgment may be
45 rendered, in such case the bureau shall pursuant to the applicable
46 provisions of law notify such operator or owner, by such form of first
47 class mail as the commission may direct; (1) of the violation charged,
48 or liability in accordance with section eleven hundred eleven-a of this
49 chapter or in accordance with sections eleven hundred eleven-b of this
50 chapter [as added by sections sixteen of chapters twenty, and twenty-two
51 of the laws of two thousand nine] or in accordance with section eleven
52 hundred eleven-d of this chapter or in accordance with section eleven
53 hundred eleven-e of this chapter or in accordance with section eleven
54 hundred seventy-four-a of this chapter alleged or liability in accord-
55 ance with section two thousand nine hundred eighty-five of the public
56 authorities law or sections sixteen-a, sixteen-b and sixteen-c of chap-
S. 5223--B 27
1 ter seven hundred seventy-four of the laws of nineteen hundred fifty
2 alleged or liability in accordance with section eleven hundred eleven-c
3 of this chapter or liability in accordance with section eleven hundred
4 eighty-b of this chapter alleged, or liability in accordance with
5 section eleven hundred eighty-d of this chapter alleged, or liability in
6 accordance with section eleven hundred eighty-e of this chapter alleged,
7 (2) of the impending default judgment, (3) that such judgment will be
8 entered in the Civil Court of the city in which the bureau has been
9 established, or other court of civil jurisdiction or any other place
10 provided for the entry of civil judgments within the state of New York,
11 and (4) that a default may be avoided by entering a plea or contesting
12 an allegation of liability in accordance with section eleven hundred
13 eleven-a of this chapter or in accordance with sections eleven hundred
14 eleven-b of this chapter as added by sections sixteen of chapters twen-
15 ty, and twenty-two of the laws of two thousand nine or in accordance
16 with section eleven hundred eleven-d of this chapter or in accordance
17 with section eleven hundred eleven-e of this chapter or in accordance
18 with section eleven hundred seventy-four-a of this chapter or contesting
19 an allegation of liability in accordance with section two thousand nine
20 hundred eighty-five of the public authorities law or sections sixteen-a,
21 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
22 laws of nineteen hundred fifty or contesting an allegation of liability
23 in accordance with section eleven hundred eleven-c of this chapter or
24 contesting an allegation of liability in accordance with section eleven
25 hundred eighty-b of this chapter or contesting an allegation of liabil-
26 ity in accordance with section eleven hundred eighty-d of this chapter,
27 or contesting an allegation of liability in accordance with section
28 eleven hundred eighty-e of this chapter, as appropriate, or making an
29 appearance within thirty days of the sending of such notice. Pleas
30 entered and allegations contested within that period shall be in the
31 manner prescribed in the notice and not subject to additional penalty or
32 fee. Such notice of impending default judgment shall not be required
33 prior to the rendering and entry thereof in the case of operators or
34 owners who are non-residents of the state of New York. In no case shall
35 a default judgment be rendered or, where required, a notice of impending
36 default judgment be sent, more than two years after the expiration of
37 the time prescribed for entering a plea or contesting an allegation.
38 When a person has demanded a hearing, no fine or penalty shall be
39 imposed for any reason, prior to the holding of the hearing. If the
40 hearing examiner shall make a determination on the charges, sustaining
41 them, he or she shall impose no greater penalty or fine than those upon
42 which the person was originally charged.
43 § 7-a. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
44 law, as amended by section 7 of chapter 145 of the laws of 2019, are
45 amended to read as follows:
46 1. The hearing examiner shall make a determination on the charges,
47 either sustaining or dismissing them. Where the hearing examiner deter-
48 mines that the charges have been sustained he or she may examine either
49 the prior parking violations record or the record of liabilities
50 incurred in accordance with section eleven hundred eleven-a of this
51 chapter or in accordance with sections eleven hundred eleven-b of this
52 chapter [as added by sections sixteen of chapters twenty, and twenty-two
53 of the laws of two thousand nine] or in accordance with section eleven
54 hundred eleven-d of this chapter or in accordance with section eleven
55 hundred eleven-e of this chapter or in accordance with section eleven
56 hundred seventy-four-a of this chapter or the record of liabilities
S. 5223--B 28
1 incurred in accordance with section two thousand nine hundred eighty-
2 five of the public authorities law or sections sixteen-a, sixteen-b and
3 sixteen-c of chapter seven hundred seventy-four of the laws of nineteen
4 hundred fifty of the person charged, or the record of liabilities
5 incurred in accordance with section eleven hundred eleven-c of this
6 chapter, or the record of liabilities incurred in accordance with
7 section eleven hundred eighty-b of this chapter, or the record of
8 liabilities incurred in accordance with section eleven hundred eighty-e
9 of this chapter of the person charged, as applicable prior to rendering
10 a final determination. Final determinations sustaining or dismissing
11 charges shall be entered on a final determination roll maintained by the
12 bureau together with records showing payment and nonpayment of penal-
13 ties.
14 2. Where an operator or owner fails to enter a plea to a charge of a
15 parking violation or contest an allegation of liability in accordance
16 with section eleven hundred eleven-a of this chapter or in accordance
17 with sections eleven hundred eleven-b of this chapter [as added by
18 sections sixteen of chapters twenty, and twenty-two of the laws of two
19 thousand nine] or in accordance with section eleven hundred eleven-d of
20 this chapter or in accordance with section eleven hundred eleven-e of
21 this chapter or in accordance with section eleven hundred seventy-four-a
22 of this chapter or fails to contest an allegation of liability in
23 accordance with section two thousand nine hundred eighty-five of the
24 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
25 chapter seven hundred seventy-four of the laws of nineteen hundred
26 fifty, or fails to contest an allegation of liability in accordance with
27 section eleven hundred eleven-c of this chapter or fails to contest an
28 allegation of liability in accordance with section eleven hundred eight-
29 y-b of this chapter, or fails to contest an allegation of liability
30 incurred in accordance with section eleven hundred eighty-e of this
31 chapter, or fails to appear on a designated hearing date or subsequent
32 adjourned date or fails after a hearing to comply with the determination
33 of a hearing examiner, as prescribed by this article or by rule or regu-
34 lation of the bureau, such failure to plead [or], contest, appear or
35 comply shall be deemed, for all purposes, an admission of liability and
36 shall be grounds for rendering and entering a default judgment in an
37 amount provided by the rules and regulations of the bureau. However,
38 after the expiration of the original date prescribed for entering a plea
39 and before a default judgment may be rendered, in such case the bureau
40 shall pursuant to the applicable provisions of law notify such operator
41 or owner, by such form of first class mail as the commission may direct;
42 (1) of the violation charged, or liability in accordance with section
43 eleven hundred eleven-a of this chapter or in accordance with sections
44 eleven hundred eleven-b of this chapter [as added by sections sixteen of
45 chapters twenty, and twenty-two of the laws of two thousand nine] or in
46 accordance with section eleven hundred eleven-d of this chapter or in
47 accordance with section eleven hundred eleven-e of this chapter or in
48 accordance with section eleven hundred seventy-four-a of this chapter
49 alleged or liability in accordance with section two thousand nine
50 hundred eighty-five of the public authorities law or sections sixteen-a,
51 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
52 laws of nineteen hundred fifty alleged or liability in accordance with
53 section eleven hundred eleven-c of this chapter or liability in accord-
54 ance with section eleven hundred eighty-b of this chapter alleged, or
55 liability in accordance with section eleven hundred eighty-e of this
56 chapter alleged, (2) of the impending default judgment, (3) that such
S. 5223--B 29
1 judgment will be entered in the Civil Court of the city in which the
2 bureau has been established, or other court of civil jurisdiction or any
3 other place provided for the entry of civil judgments within the state
4 of New York, and (4) that a default may be avoided by entering a plea or
5 contesting an allegation of liability in accordance with section eleven
6 hundred eleven-a of this chapter or in accordance with sections eleven
7 hundred eleven-b of this chapter [as added by sections sixteen of chap-
8 ters twenty, and twenty-two of the laws of two thousand nine] or in
9 accordance with section eleven hundred eleven-d of this chapter or in
10 accordance with section eleven hundred eleven-e of this chapter or in
11 accordance with section eleven hundred seventy-four-a of this chapter or
12 contesting an allegation of liability in accordance with section two
13 thousand nine hundred eighty-five of the public authorities law or
14 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
15 seventy-four of the laws of nineteen hundred fifty or contesting an
16 allegation of liability in accordance with section eleven hundred
17 eleven-c of this chapter or contesting an allegation of liability in
18 accordance with section eleven hundred eighty-b of this chapter, or
19 contesting an allegation of liability in accordance with section eleven
20 hundred eighty-e of this chapter, as appropriate, or making an appear-
21 ance within thirty days of the sending of such notice. Pleas entered and
22 allegations contested within that period shall be in the manner
23 prescribed in the notice and not subject to additional penalty or fee.
24 Such notice of impending default judgment shall not be required prior to
25 the rendering and entry thereof in the case of operators or owners who
26 are non-residents of the state of New York. In no case shall a default
27 judgment be rendered or, where required, a notice of impending default
28 judgment be sent, more than two years after the expiration of the time
29 prescribed for entering a plea or contesting an allegation. When a
30 person has demanded a hearing, no fine or penalty shall be imposed for
31 any reason, prior to the holding of the hearing. If the hearing examiner
32 shall make a determination on the charges, sustaining them, he or she
33 shall impose no greater penalty or fine than those upon which the person
34 was originally charged.
35 § 7-b. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
36 law, as separately amended by sections 7-a of chapters 145 and 148 of
37 the laws of 2019, are amended to read as follows:
38 1. The hearing examiner shall make a determination on the charges,
39 either sustaining or dismissing them. Where the hearing examiner deter-
40 mines that the charges have been sustained he or she may examine either
41 the prior parking violations record or the record of liabilities
42 incurred in accordance with sections eleven hundred eleven-b of this
43 chapter [as added by sections sixteen of chapters twenty, and twenty-two
44 of the laws of two thousand nine] or in accordance with section eleven
45 hundred eleven-d of this chapter or in accordance with section eleven
46 hundred eleven-e of this chapter or in accordance with section eleven
47 hundred seventy-four-a of this chapter of the person charged, or the
48 record of liabilities incurred in accordance with section eleven hundred
49 eleven-c of this chapter, or the record of liabilities incurred in
50 accordance with section eleven hundred eighty-b of this chapter, or the
51 record of liabilities incurred in accordance with section eleven hundred
52 eighty-d of this chapter of the person charged, or the record of liabil-
53 ities incurred in accordance with section eleven hundred eighty-e of
54 this chapter of the person charged, as applicable prior to rendering a
55 final determination. Final determinations sustaining or dismissing
56 charges shall be entered on a final determination roll maintained by the
S. 5223--B 30
1 bureau together with records showing payment and nonpayment of penal-
2 ties.
3 2. Where an operator or owner fails to enter a plea to a charge of a
4 parking violation or contest an allegation of liability in accordance
5 with sections eleven hundred eleven-b of this chapter [as added by
6 sections sixteen of chapters twenty, and twenty-two of the laws of two
7 thousand nine] or in accordance with section eleven hundred eleven-d of
8 this chapter, or in accordance with section eleven hundred eleven-e of
9 this chapter, or in accordance with section eleven hundred
10 seventy-four-a of this chapter, or fails to contest an allegation of
11 liability in accordance with section eleven hundred eleven-c of this
12 chapter, or fails to contest an allegation of liability incurred in
13 accordance with section eleven hundred eighty-b of this chapter, or
14 fails to contest an allegation of liability incurred in accordance with
15 section eleven hundred eighty-d of this chapter, or fails to contest an
16 allegation of liability incurred in accordance with section eleven
17 hundred eighty-e of this chapter, or fails to appear on a designated
18 hearing date or subsequent adjourned date or fails after a hearing to
19 comply with the determination of a hearing examiner, as prescribed by
20 this article or by rule or regulation of the bureau, such failure to
21 plead, contest, appear or comply shall be deemed, for all purposes, an
22 admission of liability and shall be grounds for rendering and entering a
23 default judgment in an amount provided by the rules and regulations of
24 the bureau. However, after the expiration of the original date
25 prescribed for entering a plea and before a default judgment may be
26 rendered, in such case the bureau shall pursuant to the applicable
27 provisions of law notify such operator or owner, by such form of first
28 class mail as the commission may direct; (1) of the violation charged,
29 or liability in accordance with sections eleven hundred eleven-b of this
30 chapter, [as added by sections sixteen of chapters twenty, and twenty-
31 two of the laws of two thousand nine] or in accordance with section
32 eleven hundred eleven-d of this chapter, or in accordance with section
33 eleven hundred eleven-e of this chapter, or in accordance with section
34 eleven hundred seventy-four-a of this chapter, or liability in accord-
35 ance with section eleven hundred eleven-c of this chapter or liability
36 in accordance with section eleven hundred eighty-b of this chapter
37 alleged, or liability in accordance with section eleven hundred eighty-d
38 of this chapter alleged, or alleged liability in accordance with section
39 eleven hundred eighty-e of this chapter, (2) of the impending default
40 judgment, (3) that such judgment will be entered in the Civil Court of
41 the city in which the bureau has been established, or other court of
42 civil jurisdiction or any other place provided for the entry of civil
43 judgments within the state of New York, and (4) that a default may be
44 avoided by entering a plea or contesting an allegation of liability in
45 accordance with sections eleven hundred eleven-b of this chapter [as
46 added by sections sixteen of chapters twenty, and twenty-two of the laws
47 of two thousand nine] or in accordance with section eleven hundred
48 eleven-d of this chapter or in accordance with section eleven hundred
49 eleven-e of this chapter, or in accordance with section eleven hundred
50 seventy-four-a of this chapter, or contesting an allegation of liability
51 in accordance with section eleven hundred eleven-c of this chapter or
52 contesting an allegation of liability in accordance with section eleven
53 hundred eighty-b of this chapter or contesting an allegation of liabil-
54 ity in accordance with section eleven hundred eighty-d of this chapter,
55 or contesting an allegation of liability in accordance with section
56 eleven hundred eighty-e of this chapter, as appropriate, or making an
S. 5223--B 31
1 appearance within thirty days of the sending of such notice. Pleas
2 entered and allegations contested within that period shall be in the
3 manner prescribed in the notice and not subject to additional penalty or
4 fee. Such notice of impending default judgment shall not be required
5 prior to the rendering and entry thereof in the case of operators or
6 owners who are non-residents of the state of New York. In no case shall
7 a default judgment be rendered or, where required, a notice of impending
8 default judgment be sent, more than two years after the expiration of
9 the time prescribed for entering a plea or contesting an allegation.
10 When a person has demanded a hearing, no fine or penalty shall be
11 imposed for any reason, prior to the holding of the hearing. If the
12 hearing examiner shall make a determination on the charges, sustaining
13 them, he or she shall impose no greater penalty or fine than those upon
14 which the person was originally charged.
15 § 7-c. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
16 law, as separately amended by sections 7-b of chapters 145 and 148 of
17 the laws of 2019, are amended to read as follows:
18 1. The hearing examiner shall make a determination on the charges,
19 either sustaining or dismissing them. Where the hearing examiner deter-
20 mines that the charges have been sustained he or she may examine the
21 prior parking violations record or the record of liabilities incurred in
22 accordance with section eleven hundred eleven-e of this chapter of the
23 person charged, or the record of liabilities incurred in accordance with
24 section eleven hundred seventy-four-a of this chapter of the person
25 charged, or the record of liabilities incurred in accordance with
26 section eleven hundred eleven-d of this chapter of the person charged,
27 or the record of liabilities incurred in accordance with section eleven
28 hundred eleven-c of this chapter, or the record of liabilities incurred
29 in accordance with section eleven hundred eighty-b of this chapter, or
30 the record of liabilities incurred in accordance with section eleven
31 hundred eighty-d of this chapter of the person charged, or the record of
32 liabilities incurred in accordance with section eleven hundred eighty-e
33 of this chapter of the person charged, as applicable, prior to rendering
34 a final determination. Final determinations sustaining or dismissing
35 charges shall be entered on a final determination roll maintained by the
36 bureau together with records showing payment and nonpayment of penal-
37 ties.
38 2. Where an operator or owner fails to enter a plea to a charge of a
39 parking violation or contest an allegation of liability in accordance
40 with section eleven hundred seventy-four-a of this chapter, or contest
41 an allegation of liability in accordance with section eleven hundred
42 eleven-e of this chapter, or contest an allegation of liability in
43 accordance with section eleven hundred eleven-d of this chapter, or
44 fails to contest an allegation of liability in accordance with section
45 eleven hundred eleven-c of this chapter, or fails to contest an allega-
46 tion of liability incurred in accordance with section eleven hundred
47 eighty-b of this chapter, or fails to contest an allegation of liability
48 incurred in accordance with section eleven hundred eighty-d of this
49 chapter, or fails to contest an allegation of liability incurred in
50 accordance with section eleven hundred eighty-e of this chapter, or
51 fails to appear on a designated hearing date or subsequent adjourned
52 date or fails after a hearing to comply with the determination of a
53 hearing examiner, as prescribed by this article or by rule or regulation
54 of the bureau, such failure to plead, appear or comply shall be deemed,
55 for all purposes, an admission of liability and shall be grounds for
56 rendering and entering a default judgment in an amount provided by the
S. 5223--B 32
1 rules and regulations of the bureau. However, after the expiration of
2 the original date prescribed for entering a plea and before a default
3 judgment may be rendered, in such case the bureau shall pursuant to the
4 applicable provisions of law notify such operator or owner, by such form
5 of first class mail as the commission may direct; (1) of the violation
6 charged, or liability in accordance with section eleven hundred seven-
7 ty-four-a of this chapter, or liability in accordance with section elev-
8 en hundred eleven-e of this chapter, or liability in accordance with
9 section eleven hundred eleven-d of this chapter, or alleged liability in
10 accordance with section eleven hundred eleven-c of this chapter or
11 alleged liability in accordance with section eleven hundred eighty-b of
12 this chapter, or alleged liability in accordance with section eleven
13 hundred eighty-d of this chapter, or liability in accordance with
14 section eleven hundred eighty-e of this chapter alleged, (2) of the
15 impending default judgment, (3) that such judgment will be entered in
16 the Civil Court of the city in which the bureau has been established, or
17 other court of civil jurisdiction or any other place provided for the
18 entry of civil judgments within the state of New York, and (4) that a
19 default may be avoided by entering a plea or contesting an allegation of
20 liability in accordance with section eleven hundred seventy-four-a of
21 this chapter or contesting an allegation of liability in accordance with
22 section eleven hundred eleven-e of this chapter or contesting an allega-
23 tion of liability in accordance with section eleven hundred eleven-d of
24 this chapter or contesting an allegation of liability in accordance with
25 section eleven hundred eleven-c of this chapter or contesting an allega-
26 tion of liability in accordance with section eleven hundred eighty-b of
27 this chapter or contesting an allegation of liability in accordance with
28 section eleven hundred eighty-d of this chapter or contesting an allega-
29 tion of liability in accordance with section eleven hundred eighty-e of
30 this chapter or making an appearance within thirty days of the sending
31 of such notice. Pleas entered and allegations contested within that
32 period shall be in the manner prescribed in the notice and not subject
33 to additional penalty or fee. Such notice of impending default judgment
34 shall not be required prior to the rendering and entry thereof in the
35 case of operators or owners who are non-residents of the state of New
36 York. In no case shall a default judgment be rendered or, where
37 required, a notice of impending default judgment be sent, more than two
38 years after the expiration of the time prescribed for entering a plea or
39 contesting an allegation. When a person has demanded a hearing, no fine
40 or penalty shall be imposed for any reason, prior to the holding of the
41 hearing. If the hearing examiner shall make a determination on the
42 charges, sustaining them, he or she shall impose no greater penalty or
43 fine than those upon which the person was originally charged.
44 § 7-d. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
45 law, as separately amended by sections 7-c of chapters 145 and 148 of
46 the laws of 2019, are amended to read as follows:
47 1. The hearing examiner shall make a determination on the charges,
48 either sustaining or dismissing them. Where the hearing examiner deter-
49 mines that the charges have been sustained he or she may examine either
50 the prior parking violations record or the record of liabilities
51 incurred in accordance with section eleven hundred eleven-d of this
52 chapter of the person charged, or the record of liabilities incurred in
53 accordance with section eleven hundred seventy-four-a of this chapter of
54 the person charged, or the record of liabilities incurred in accordance
55 with section eleven hundred eleven-e of this chapter of the person
56 charged or the record of liabilities incurred in accordance with section
S. 5223--B 33
1 eleven hundred eighty-b of this chapter, or the record of liabilities
2 incurred in accordance with section eleven hundred eighty-d of this
3 chapter of the person charged, or the record of liabilities incurred in
4 accordance with section eleven hundred eighty-e of this chapter of the
5 person charged, as applicable, prior to rendering a final determination.
6 Final determinations sustaining or dismissing charges shall be entered
7 on a final determination roll maintained by the bureau together with
8 records showing payment and nonpayment of penalties.
9 2. Where an operator or owner fails to enter a plea to a charge of a
10 parking violation or contest an allegation of liability in accordance
11 with section eleven hundred seventy-four-a of this chapter, or contest
12 an allegation of liability in accordance with section eleven hundred
13 eleven-e of this chapter or contest an allegation of liability in
14 accordance with section eleven hundred eleven-d of this chapter or fails
15 to contest an allegation of liability incurred in accordance with
16 section eleven hundred eighty-b of this chapter or fails to contest an
17 allegation of liability incurred in accordance with section eleven
18 hundred eighty-d of this chapter or fails to contest an allegation of
19 liability incurred in accordance with section eleven hundred eighty-e of
20 this chapter or fails to appear on a designated hearing date or subse-
21 quent adjourned date or fails after a hearing to comply with the deter-
22 mination of a hearing examiner, as prescribed by this article or by rule
23 or regulation of the bureau, such failure to plead, contest, appear or
24 comply shall be deemed, for all purposes, an admission of liability and
25 shall be grounds for rendering and entering a default judgment in an
26 amount provided by the rules and regulations of the bureau. However,
27 after the expiration of the original date prescribed for entering a plea
28 and before a default judgment may be rendered, in such case the bureau
29 shall pursuant to the applicable provisions of law notify such operator
30 or owner, by such form of first class mail as the commission may direct;
31 (1) of the violation charged or liability in accordance with section
32 eleven hundred seventy-four-a of this chapter or liability in accordance
33 with section eleven hundred eleven-e of this chapter or liability in
34 accordance with section eleven hundred eleven-d of this chapter or
35 liability in accordance with section eleven hundred eighty-b of this
36 chapter alleged, or liability in accordance with section eleven hundred
37 eighty-d of this chapter alleged, or liability in accordance with
38 section eleven hundred eighty-e of this chapter alleged, (2) of the
39 impending default judgment, (3) that such judgment will be entered in
40 the Civil Court of the city in which the bureau has been established, or
41 other court of civil jurisdiction or any other place provided for the
42 entry of civil judgments within the state of New York, and (4) that a
43 default may be avoided by entering a plea or contesting an allegation of
44 liability in accordance with section eleven hundred seventy-four-a of
45 this chapter or contesting an allegation of liability in accordance with
46 section eleven hundred eleven-e of this chapter or contesting an allega-
47 tion of liability in accordance with section eleven hundred eleven-d of
48 this chapter or contesting an allegation of liability in accordance with
49 section eleven hundred eighty-b of this chapter or contesting an allega-
50 tion of liability in accordance with section eleven hundred eighty-d of
51 this chapter or contesting an allegation of liability in accordance with
52 section eleven hundred eighty-e of this chapter or making an appearance
53 within thirty days of the sending of such notice. Pleas entered and
54 allegations contested within that period shall be in the manner
55 prescribed in the notice and not subject to additional penalty or fee.
56 Such notice of impending default judgment shall not be required prior to
S. 5223--B 34
1 the rendering and entry thereof in the case of operators or owners who
2 are non-residents of the state of New York. In no case shall a default
3 judgment be rendered or, where required, a notice of impending default
4 judgment be sent, more than two years after the expiration of the time
5 prescribed for entering a plea or contesting an allegation. When a
6 person has demanded a hearing, no fine or penalty shall be imposed for
7 any reason, prior to the holding of the hearing. If the hearing examiner
8 shall make a determination on the charges, sustaining them, he or she
9 shall impose no greater penalty or fine than those upon which the person
10 was originally charged.
11 § 7-e. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
12 law, as separately amended by sections 7-d of chapters 145 and 148 of
13 the laws of 2019, are amended to read as follows:
14 1. The hearing examiner shall make a determination on the charges,
15 either sustaining or dismissing them. Where the hearing examiner deter-
16 mines that the charges have been sustained he or she may examine either
17 the prior parking violations record or the record of liabilities
18 incurred in accordance with section eleven hundred seventy-four-a of
19 this chapter of the person charged or the record of liabilities incurred
20 in accordance with section eleven hundred eleven-e of this chapter of
21 the person charged or the record of liabilities incurred in accordance
22 with section eleven hundred eleven-d of this chapter of the person
23 charged or the record of liabilities incurred in accordance with section
24 eleven hundred eighty-d of this chapter of the person charged, or the
25 record of liabilities incurred in accordance with section eleven hundred
26 eighty-e of this chapter of the person charged, as applicable, prior to
27 rendering a final determination. Final determinations sustaining or
28 dismissing charges shall be entered on a final determination roll main-
29 tained by the bureau together with records showing payment and nonpay-
30 ment of penalties.
31 2. Where an operator or owner fails to enter a plea to a charge of a
32 parking violation or contest an allegation of liability in accordance
33 with section eleven hundred seventy-four-a of this chapter, or contest
34 an allegation of liability in accordance with section eleven hundred
35 eleven-e of this chapter or contest an allegation of liability in
36 accordance with section eleven hundred eleven-d of this chapter or
37 contest an allegation of liability incurred in accordance with section
38 eleven hundred eighty-d of this chapter or contest an allegation of
39 liability incurred in accordance with section eleven hundred eighty-e of
40 this chapter or fails to appear on a designated hearing date or subse-
41 quent adjourned date or fails after a hearing to comply with the deter-
42 mination of a hearing examiner, as prescribed by this article or by rule
43 or regulation of the bureau, such failure to plead, contest, appear or
44 comply shall be deemed, for all purposes, an admission of liability and
45 shall be grounds for rendering and entering a default judgment in an
46 amount provided by the rules and regulations of the bureau. However,
47 after the expiration of the original date prescribed for entering a plea
48 and before a default judgment may be rendered, in such case the bureau
49 shall pursuant to the applicable provisions of law notify such operator
50 or owner, by such form of first class mail as the commission may direct;
51 (1) of the violation charged or liability in accordance with section
52 eleven hundred seventy-four-a of this chapter or liability in accordance
53 with section eleven hundred eleven-e of this chapter alleged or liabil-
54 ity in accordance with section eleven hundred eleven-d of this chapter
55 alleged or liability in accordance with section eleven hundred eighty-d
56 of this chapter alleged or liability in accordance with section eleven
S. 5223--B 35
1 hundred eighty-e of this chapter alleged, (2) of the impending default
2 judgment, (3) that such judgment will be entered in the Civil Court of
3 the city in which the bureau has been established, or other court of
4 civil jurisdiction or any other place provided for the entry of civil
5 judgments within the state of New York, and (4) that a default may be
6 avoided by entering a plea or contesting an allegation of liability in
7 accordance with section eleven hundred seventy-four-a of this chapter or
8 contesting an allegation of liability in accordance with section eleven
9 hundred eleven-e of this chapter or contesting an allegation of liabil-
10 ity in accordance with section eleven hundred eleven-d of this chapter
11 or contesting an allegation of liability in accordance with section
12 eleven hundred eighty-d of this chapter or contesting an allegation of
13 liability in accordance with section eleven hundred eighty-e of this
14 chapter or making an appearance within thirty days of the sending of
15 such notice. Pleas entered and allegations contested within that period
16 shall be in the manner prescribed in the notice and not subject to addi-
17 tional penalty or fee. Such notice of impending default judgment shall
18 not be required prior to the rendering and entry thereof in the case of
19 operators or owners who are non-residents of the state of New York. In
20 no case shall a default judgment be rendered or, where required, a
21 notice of impending default judgment be sent, more than two years after
22 the expiration of the time prescribed for entering a plea or contesting
23 an allegation. When a person has demanded a hearing, no fine or penalty
24 shall be imposed for any reason, prior to the holding of the hearing. If
25 the hearing examiner shall make a determination on the charges, sustain-
26 ing them, he or she shall impose no greater penalty or fine than those
27 upon which the person was originally charged.
28 § 7-f. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
29 law, as separately amended by sections 7-e of chapters 145 and 148 of
30 the laws of 2019, are amended to read as follows:
31 1. The hearing examiner shall make a determination on the charges,
32 either sustaining or dismissing them. Where the hearing examiner deter-
33 mines that the charges have been sustained he or she may examine the
34 prior parking violations record or the record of liabilities incurred in
35 accordance with section eleven hundred eleven-e of this chapter of the
36 person charged or the record of liabilities incurred in accordance with
37 section eleven hundred eighty-d of this chapter or the record of liabil-
38 ities incurred in accordance with section eleven hundred eighty-e of
39 this chapter of the person charged, as applicable, prior to rendering a
40 final determination or the record of liabilities incurred in accordance
41 with section eleven hundred seventy-four-a of this chapter of the person
42 charged, as applicable, prior to rendering a final determination. Final
43 determinations sustaining or dismissing charges shall be entered on a
44 final determination roll maintained by the bureau together with records
45 showing payment and nonpayment of penalties.
46 2. Where an operator or owner fails to enter a plea to a charge of a
47 parking violation or contest an allegation of liability in accordance
48 with section eleven hundred seventy-four-a of this chapter, or contest
49 an allegation of liability in accordance with section eleven hundred
50 eleven-e of this chapter or contest an allegation of liability incurred
51 in accordance with section eleven hundred eighty-d of this chapter or
52 contest an allegation of liability incurred in accordance with section
53 eleven hundred eighty-e of this chapter or fails to appear on a desig-
54 nated hearing date or subsequent adjourned date or fails after a hearing
55 to comply with the determination of a hearing examiner, as prescribed by
56 this article or by rule or regulation of the bureau, such failure to
S. 5223--B 36
1 plead, contest, appear or comply shall be deemed, for all purposes, an
2 admission of liability and shall be grounds for rendering and entering a
3 default judgment in an amount provided by the rules and regulations of
4 the bureau. However, after the expiration of the original date
5 prescribed for entering a plea and before a default judgment may be
6 rendered, in such case the bureau shall pursuant to the applicable
7 provisions of law notify such operator or owner, by such form of first
8 class mail as the commission may direct; (1) of the violation charged or
9 liability in accordance with section eleven hundred eleven-e of this
10 chapter alleged or liability in accordance with section eleven hundred
11 seventy-four-a of this chapter or liability in accordance with section
12 eleven hundred eighty-d of this chapter alleged or liability in accord-
13 ance with section eleven hundred eighty-e of this chapter alleged, (2)
14 of the impending default judgment, (3) that such judgment will be
15 entered in the Civil Court of the city in which the bureau has been
16 established, or other court of civil jurisdiction or any other place
17 provided for the entry of civil judgments within the state of New York,
18 and (4) that a default may be avoided by entering a plea or contesting
19 an allegation of liability in accordance with section eleven hundred
20 eleven-e of this chapter or contesting an allegation of liability in
21 accordance with section eleven hundred seventy-four-a of this chapter or
22 contesting an allegation of liability in accordance with section eleven
23 hundred eighty-d of this chapter or contesting an allegation of liabil-
24 ity in accordance with section eleven hundred eighty-e of this chapter
25 or making an appearance within thirty days of the sending of such
26 notice. Pleas entered and allegations contested within that period
27 shall be in the manner prescribed in the notice and not subject to addi-
28 tional penalty or fee. Such notice of impending default judgment shall
29 not be required prior to the rendering and entry thereof in the case of
30 operators or owners who are non-residents of the state of New York. In
31 no case shall a default judgment be rendered or, where required, a
32 notice of impending default judgment be sent, more than two years after
33 the expiration of the time prescribed for entering a plea or contesting
34 an allegation. When a person has demanded a hearing, no fine or penalty
35 shall be imposed for any reason, prior to the holding of the hearing. If
36 the hearing examiner shall make a determination on the charges, sustain-
37 ing them, he or she shall impose no greater penalty or fine than those
38 upon which the person was originally charged.
39 § 7-g. Subdivisions 1 and 2 of section 241 of the vehicle and traffic
40 law, as separately amended by sections 7-f of chapters 145 and 148 of
41 the laws of 2019, are amended to read as follows:
42 1. The hearing examiner shall make a determination on the charges,
43 either sustaining or dismissing them. Where the hearing examiner deter-
44 mines that the charges have been sustained he or she may examine the
45 prior parking violations record or the record of liabilities incurred in
46 accordance with section eleven hundred seventy-four-a of this chapter or
47 the record of liabilities incurred in accordance with section eleven
48 hundred eighty-d of this chapter or the record of liabilities incurred
49 in accordance with section eleven hundred eighty-e of this chapter of
50 the person charged, as applicable, prior to rendering a final determi-
51 nation. Final determinations sustaining or dismissing charges shall be
52 entered on a final determination roll maintained by the bureau together
53 with records showing payment and nonpayment of penalties.
54 2. Where an operator or owner fails to enter a plea to a charge of a
55 parking violation or contest an allegation of liability in accordance
56 with section eleven hundred seventy-four-a of this chapter, or contest
S. 5223--B 37
1 an allegation of liability incurred in accordance with section eleven
2 hundred eighty-d of this chapter or contest an allegation of liability
3 incurred in accordance with section eleven hundred eighty-e of this
4 chapter or fails to appear on a designated hearing date or subsequent
5 adjourned date or fails after a hearing to comply with the determination
6 of a hearing examiner, as prescribed by this article or by rule or regu-
7 lation of the bureau, such failure to plead, contest, appear or comply
8 shall be deemed, for all purposes, an admission of liability and shall
9 be grounds for rendering and entering a default judgment in an amount
10 provided by the rules and regulations of the bureau. However, after the
11 expiration of the original date prescribed for entering a plea and
12 before a default judgment may be rendered, in such case the bureau shall
13 pursuant to the applicable provisions of law notify such operator or
14 owner, by such form of first class mail as the commission may direct;
15 (1) of the violation charged or liability in accordance with section
16 eleven hundred eighty-d of this chapter alleged or liability in accord-
17 ance with section eleven hundred eighty-e of this chapter alleged, (2)
18 of the impending default judgment, (3) that such judgment will be
19 entered in the Civil Court of the city in which the bureau has been
20 established, or other court of civil jurisdiction or any other place
21 provided for the entry of civil judgments within the state of New York,
22 and (4) that a default may be avoided by entering a plea or contesting
23 an allegation of liability in accordance with section eleven hundred
24 eighty-d of this chapter or contesting an allegation of liability in
25 accordance with section eleven hundred eighty-e of this chapter or
26 making an appearance within thirty days of the sending of such notice.
27 Pleas entered and allegations contested within that period shall be in
28 the manner prescribed in the notice and not subject to additional penal-
29 ty or fee. Such notice of impending default judgment shall not be
30 required prior to the rendering and entry thereof in the case of opera-
31 tors or owners who are non-residents of the state of New York. In no
32 case shall a default judgment be rendered or, where required, a notice
33 of impending default judgment be sent, more than two years after the
34 expiration of the time prescribed for entering a plea or contesting an
35 allegation. When a person has demanded a hearing, no fine or penalty
36 shall be imposed for any reason, prior to the holding of the hearing. If
37 the hearing examiner shall make a determination on the charges, sustain-
38 ing them, he or she shall impose no greater penalty or fine than those
39 upon which the person was originally charged.
40 § 7-h. Subdivision 1 of section 241 of the vehicle and traffic law, as
41 added by chapter 715 of the laws of 1972, is amended to read as follows:
42 1. The hearing examiner shall make a determination on the charges,
43 either sustaining or dismissing them. Where the hearing examiner deter-
44 mines that the charges have been sustained he or she may examine either
45 the prior parking violations record or the record of liabilities
46 incurred in accordance with section eleven hundred eighty-e of this
47 chapter of the person charged, as applicable, prior to rendering a final
48 determination. Final determinations sustaining or dismissing charges
49 shall be entered on a final determination roll maintained by the bureau
50 together with records showing payment and nonpayment of penalties.
51 § 7-i. Subdivision 2 of section 241 of the vehicle and traffic law, as
52 amended by chapter 365 of the laws of 1978, is amended to read as
53 follows:
54 2. Where an operator or owner fails to enter a plea to a charge of a
55 parking violation or contest an allegation of liability incurred in
56 accordance with section eleven hundred eighty-e of this chapter or fails
S. 5223--B 38
1 to appear on a designated hearing date or subsequent adjourned date or
2 fails after a hearing to comply with the determination of a hearing
3 examiner, as prescribed by this article or by rule or regulation of the
4 bureau, such failure to plead, contest, appear or comply shall be
5 deemed, for all purposes, an admission of liability and shall be grounds
6 for rendering and entering a default judgment in an amount provided by
7 the rules and regulations of the bureau. However, after the expiration
8 of the original date prescribed for entering a plea or contesting an
9 allegation and before a default judgment may be rendered, in such case
10 the bureau shall pursuant to the applicable provisions of law notify
11 such operator or owner, by such form of first class mail as the commis-
12 sion may direct; (1) of the violation charged, or liability in accord-
13 ance with section eleven hundred eighty-e of this chapter alleged, (2)
14 of the impending default judgment, (3) that such judgment will be
15 entered in the Civil Court of the city in which the bureau has been
16 established, or other court of civil jurisdiction or any other place
17 provided for the entry of civil judgments within the state of New York,
18 and (4) that a default may be avoided by entering a plea or contesting
19 an allegation of liability in accordance with section eleven hundred
20 eighty-e of this chapter or making an appearance within thirty days of
21 the sending of such notice. Pleas entered and allegations contested
22 within that period shall be in the manner prescribed in the notice and
23 not subject to additional penalty or fee. Such notice of impending
24 default judgment shall not be required prior to the rendering and entry
25 thereof in the case of operators or owners who are non-residents of the
26 state of New York. In no case shall a default judgment be rendered or,
27 where required, a notice of impending default judgment be sent, more
28 than two years after the expiration of the time prescribed for entering
29 a plea or contesting an allegation. When a person has demanded a hear-
30 ing, no fine or penalty shall be imposed for any reason, prior to the
31 holding of the hearing. If the hearing examiner shall make a determi-
32 nation on the charges, sustaining them, he or she shall impose no great-
33 er penalty or fine than those upon which the person was originally
34 charged.
35 § 8. The vehicle and traffic law is amended by adding a new section
36 1180-e to read as follows:
37 § 1180-e. Owner liability for failure of operator to comply with
38 certain posted maximum speed limits. (a) 1. Notwithstanding any other
39 provision of law, the commissioner of transportation is hereby author-
40 ized to establish a demonstration program imposing monetary liability on
41 the owner of a vehicle for failure of an operator thereof to comply with
42 posted maximum speed limits in a highway construction or maintenance
43 work area when highway construction or maintenance work is occurring and
44 located on an interstate or auxiliary interstate highway under the
45 commissioner's jurisdiction (i) when a work area speed limit is in
46 effect as provided in paragraph two of subdivision (d) or subdivision
47 (f) of section eleven hundred eighty of this article or (ii) when other
48 speed limits are in effect as provided in subdivision (b) or (g) or
49 paragraph one of subdivision (d) of section eleven hundred eighty of
50 this article. Such demonstration program shall empower the commissioner
51 to install photo speed violation monitoring systems within no more than
52 fifteen highway construction or maintenance work areas located on inter-
53 state or auxiliary interstate highways under the commissioner's juris-
54 diction and to operate such systems when highway construction or mainte-
55 nance work is occurring and within such work areas (iii) when a work
56 area speed limit is in effect as provided in paragraph two of subdivi-
S. 5223--B 39
1 sion (d) or subdivision (f) of section eleven hundred eighty of this
2 article or (iv) when other speed limits are in effect as provided in
3 subdivision (b) or (g) or paragraph one of subdivision (d) of section
4 eleven hundred eighty of this article. The commissioner, in consulta-
5 tion with the superintendent of the division of state police, shall
6 determine the location of the highway construction or maintenance work
7 areas located on an interstate or auxiliary interstate highway under the
8 jurisdiction of the commissioner in which to install and operate photo
9 speed violation monitoring systems. In selecting a highway construction
10 or maintenance work area in which to install and operate a photo speed
11 violation monitoring system, the commissioner shall consider criteria
12 including, but not limited to, the speed data, crash history, and road-
13 way geometry applicable to such highway construction or maintenance work
14 area. A photo speed violation monitoring system shall not be installed
15 or operated on an interstate or auxiliary interstate highway exit ramp.
16 2. Notwithstanding any other provision of law, after holding a public
17 hearing in accordance with the public officers law and subsequent
18 approval by a majority of the members of the entire board the chair of
19 the thruway authority is hereby authorized to establish a demonstration
20 program imposing monetary liability on the owner of a vehicle for fail-
21 ure of an operator thereof to comply with posted maximum speed limits in
22 a highway construction or maintenance work area when highway
23 construction or maintenance work is occurring and located on the thruway
24 (i) when a work area speed limit is in effect as provided in paragraph
25 two of subdivision (d) or subdivision (f) of section eleven hundred
26 eighty of this article or (ii) when other speed limits are in effect as
27 provided in subdivision (b) or (g) or paragraph one of subdivision (d)
28 of section eleven hundred eighty of this article. Such demonstration
29 program shall empower the chair to install photo speed violation moni-
30 toring systems within no more than five highway construction or mainte-
31 nance work areas located on the thruway and to operate such systems when
32 highway construction or maintenance work is occurring and within such
33 work areas (iii) when a work area speed limit is in effect as provided
34 in paragraph two of subdivision (d) or subdivision (f) of section eleven
35 hundred eighty of this article or (iv) when other speed limits are in
36 effect as provided in subdivision (b) or (g) or paragraph one of subdi-
37 vision (d) of section eleven hundred eighty of this article. The chair,
38 in consultation with the superintendent of the division of state police,
39 shall determine the location of the highway construction or maintenance
40 work areas located on the thruway in which to install and operate photo
41 speed violation monitoring systems. In selecting a highway construction
42 or maintenance work area in which to install and operate a photo speed
43 violation monitoring system, the chair shall consider criteria includ-
44 ing, but not limited to, the speed data, crash history, and roadway
45 geometry applicable to such highway construction or maintenance work
46 area. A photo speed violation monitoring system shall not be installed
47 or operated on a thruway exit ramp.
48 3. No photo speed violation monitoring system shall be used in a high-
49 way construction or maintenance work area unless (i) on the day it is to
50 be used it has successfully passed a self-test of its functions; and
51 (ii) it has undergone an annual calibration check performed pursuant to
52 paragraph five of this subdivision. The commissioner or chair, as appli-
53 cable, shall install signs giving notice that a photo speed violation
54 monitoring system is in use, in conformance with standards established
55 in the MUTCD.
S. 5223--B 40
1 4. Operators of photo speed violation monitoring systems shall have
2 completed training in the procedures for setting up, testing, and oper-
3 ating such systems. Each such operator shall complete and sign a daily
4 set-up log for each such system that he or she operates that (i) states
5 the date and time when, and the location where, the system was set up
6 that day, and (ii) states that such operator successfully performed, and
7 the system passed, the self-tests of such system before producing a
8 recorded image that day. The commissioner or the chair, as applicable,
9 shall retain each such daily log until the later of the date on which
10 the photo speed violation monitoring system to which it applies has been
11 permanently removed from use or the final resolution of all cases
12 involving notices of liability issued based on photographs, microphoto-
13 graphs, video or other recorded images produced by such system.
14 5. Each photo speed violation monitoring system shall undergo an annu-
15 al calibration check performed by an independent calibration laboratory
16 which shall issue a signed certificate of calibration. The commissioner
17 or the chair, as applicable, shall keep each such annual certificate of
18 calibration on file until the final resolution of all cases involving a
19 notice of liability issued during such year which were based on photo-
20 graphs, microphotographs, videotape or other recorded images produced by
21 such photo speed violation monitoring system.
22 6. (i) Such demonstration program shall utilize necessary technologies
23 to ensure, to the extent practicable, that photographs, microphoto-
24 graphs, videotape or other recorded images produced by such photo speed
25 violation monitoring systems shall not include images that identify the
26 driver, the passengers, or the contents of the vehicle. Provided, howev-
27 er, that no notice of liability issued pursuant to this section shall be
28 dismissed solely because such a photograph, microphotograph, videotape
29 or other recorded image allows for the identification of the driver, the
30 passengers, or the contents of vehicles where the commissioner or the
31 chair, as applicable, shows that they made reasonable efforts to comply
32 with the provisions of this paragraph in such case.
33 (ii) Photographs, microphotographs, videotape or any other recorded
34 image from a photo speed violation monitoring system shall be for the
35 exclusive use of the commissioner or the chair, as applicable, for the
36 purpose of the adjudication of liability imposed pursuant to this
37 section and of the owner receiving a notice of liability pursuant to
38 this section, and shall be destroyed by the commissioner or chair, as
39 applicable, upon the final resolution of the notice of liability to
40 which such photographs, microphotographs, videotape or other recorded
41 images relate, or one year following the date of issuance of such notice
42 of liability, whichever is later. Notwithstanding the provisions of any
43 other law, rule or regulation to the contrary, photographs, microphoto-
44 graphs, videotape or any other recorded image from a photo speed
45 violation monitoring system shall not be open to the public, nor subject
46 to civil or criminal process or discovery, nor used by any court or
47 administrative or adjudicatory body in any action or proceeding therein
48 except that which is necessary for the adjudication of a notice of
49 liability issued pursuant to this section, and no public entity or
50 employee, officer or agent thereof shall disclose such information,
51 except that such photographs, microphotographs, videotape or any other
52 recorded images from such systems:
53 (A) shall be available for inspection and copying and use by the motor
54 vehicle owner and operator for so long as such photographs, microphoto-
55 graphs, videotape or other recorded images are required to be maintained
56 or are maintained by such public entity, employee, officer or agent; and
S. 5223--B 41
1 (B) (1) shall be furnished when described in a search warrant issued
2 by a court authorized to issue such a search warrant pursuant to article
3 six hundred ninety of the criminal procedure law or a federal court
4 authorized to issue such a search warrant under federal law, where such
5 search warrant states that there is reasonable cause to believe such
6 information constitutes evidence of, or tends to demonstrate that, a
7 misdemeanor or felony offense was committed in this state or another
8 state, or that a particular person participated in the commission of a
9 misdemeanor or felony offense in this state or another state, provided,
10 however, that if such offense was against the laws of another state, the
11 court shall only issue a warrant if the conduct comprising such offense
12 would, if occurring in this state, constitute a misdemeanor or felony
13 against the laws of this state; and
14 (2) shall be furnished in response to a subpoena duces tecum signed by
15 a judge of competent jurisdiction and issued pursuant to article six
16 hundred ten of the criminal procedure law or a judge or magistrate of a
17 federal court authorized to issue such a subpoena duces tecum under
18 federal law, where the judge finds and the subpoena states that there is
19 reasonable cause to believe such information is relevant and material to
20 the prosecution, or the defense, or the investigation by an authorized
21 law enforcement official, of the alleged commission of a misdemeanor or
22 felony in this state or another state, provided, however, that if such
23 offense was against the laws of another state, such judge or magistrate
24 shall only issue such subpoena if the conduct comprising such offense
25 would, if occurring in this state, constitute a misdemeanor or felony in
26 this state; and
27 (3) may, if lawfully obtained pursuant to this clause and clause (A)
28 of this subparagraph and otherwise admissible, be used in such criminal
29 action or proceeding.
30 (b) If the commissioner or chair establishes a demonstration program
31 pursuant to subdivision (a) of this section, the owner of a vehicle
32 shall be liable for a penalty imposed pursuant to this section if such
33 vehicle was used or operated with the permission of the owner, express
34 or implied, within a highway construction or maintenance work area
35 located on a controlled-access highway under the jurisdiction of the
36 commissioner or on the thruway in violation of paragraph two of subdivi-
37 sion (d) or subdivision (f), or when other speed limits are in effect in
38 violation of subdivision (b) or (g) or paragraph one of subdivision (d),
39 of section eleven hundred eighty of this article, such vehicle was trav-
40 eling at a speed of more than ten miles per hour above the posted speed
41 limit in effect within such highway construction or maintenance work
42 area, and such violation is evidenced by information obtained from a
43 photo speed violation monitoring system; provided however that no owner
44 of a vehicle shall be liable for a penalty imposed pursuant to this
45 section where the operator of such vehicle has been convicted of the
46 underlying violation of subdivision (b), (d), (f) or (g) of section
47 eleven hundred eighty of this article.
48 (c) For purposes of this section, the following terms shall have the
49 following meanings:
50 1. "chair" shall mean the chair of the New York state thruway authori-
51 ty;
52 2. "commissioner" shall mean the commissioner of transportation;
53 3. "manual on uniform traffic control devices" or "MUTCD" shall mean
54 the manual and specifications for a uniform system of traffic control
55 devices maintained by the commissioner of transportation pursuant to
56 section sixteen hundred eighty of this chapter;
S. 5223--B 42
1 4. "owner" shall have the meaning provided in article two-B of this
2 chapter;
3 5. "photo speed violation monitoring system" shall mean a vehicle
4 sensor installed to work in conjunction with a speed measuring device
5 which automatically produces two or more photographs, two or more micro-
6 photographs, a videotape or other recorded images of each vehicle at the
7 time it is used or operated in a highway construction or maintenance
8 work area located on a controlled-access highway under the jurisdiction
9 of the commissioner or on the thruway in violation of subdivision (b),
10 (d), (f) or (g) of section eleven hundred eighty of this article in
11 accordance with the provisions of this section;
12 6. "thruway authority" shall mean the New York state thruway authori-
13 ty, a body corporate and politic constituting a public corporation
14 created and constituted pursuant to title nine of article two of the
15 public authorities law; and
16 7. "thruway" shall mean generally a divided highway under the juris-
17 diction of the thruway authority for mixed traffic with access limited
18 as the authority may determine and generally with grade separations at
19 intersections.
20 (d) A certificate, sworn to or affirmed by a technician employed by
21 the commissioner or chair as applicable, or a facsimile thereof, based
22 upon inspection of photographs, microphotographs, videotape or other
23 recorded images produced by a photo speed violation monitoring system,
24 shall be prima facie evidence of the facts contained therein. Any photo-
25 graphs, microphotographs, videotape or other recorded images evidencing
26 such a violation shall include at least two date and time stamped images
27 of the rear of the motor vehicle that include the same stationary object
28 near the motor vehicle and shall be available for inspection reasonably
29 in advance of and at any proceeding to adjudicate the liability for such
30 violation pursuant to this section.
31 (e) An owner liable for a violation of subdivision (b), (d), (f) or
32 (g) of section eleven hundred eighty of this article pursuant to a
33 demonstration program established pursuant to this section shall be
34 liable for monetary penalties not to exceed fifty dollars for a first
35 violation, seventy-five dollars for a second violation committed within
36 a period of eighteen months, and one hundred dollars for a third or
37 subsequent violation committed within eighteen months of the previous
38 violations; provided, however, that an additional penalty not in excess
39 of twenty-five dollars for each violation may be imposed for the failure
40 to respond to a notice of liability within the prescribed time period.
41 (f) An imposition of liability under the demonstration program estab-
42 lished pursuant to this section shall not be deemed a conviction as an
43 operator and shall not be made part of the operating record of the
44 person upon whom such liability is imposed nor shall it be used for
45 insurance purposes in the provision of motor vehicle insurance coverage.
46 (g) 1. A notice of liability shall be sent by first class mail to each
47 person alleged to be liable as an owner for a violation of subdivision
48 (b), (d), (f) or (g) of section eleven hundred eighty of this article
49 pursuant to this section, within fourteen business days if such owner is
50 a resident of this state and within forty-five business days if such
51 owner is a non-resident. Personal delivery on the owner shall not be
52 required. A manual or automatic record of mailing prepared in the ordi-
53 nary course of business shall be prima facie evidence of the facts
54 contained therein.
55 2. A notice of liability shall contain the name and address of the
56 person alleged to be liable as an owner for a violation of subdivision
S. 5223--B 43
1 (b), (d), (f) or (g) of section eleven hundred eighty of this article
2 pursuant to this section, the registration number of the vehicle
3 involved in such violation, the location where such violation took
4 place, the date and time of such violation, the identification number of
5 the camera which recorded the violation or other document locator
6 number, at least two date and time stamped images of the rear of the
7 motor vehicle that include the same stationary object near the motor
8 vehicle, and the certificate charging the liability.
9 3. The notice of liability shall contain information advising the
10 person charged of the manner and the time in which he or she may contest
11 the liability alleged in the notice. Such notice of liability shall also
12 contain a prominent warning to advise the person charged that failure to
13 contest in the manner and time provided shall be deemed an admission of
14 liability and that a default judgment may be entered thereon.
15 4. The notice of liability shall be prepared and mailed by the commis-
16 sioner or chair as applicable, or by any other entity authorized by the
17 commissioner or chair to prepare and mail such notice of liability.
18 (h) Adjudication of the liability imposed upon owners of this section
19 shall be by a traffic violations bureau established pursuant to section
20 three hundred seventy of the general municipal law where the violation
21 occurred or, if there be none, by the court having jurisdiction over
22 traffic infractions where the violation occurred, except that if a city
23 has established an administrative tribunal to hear and determine
24 complaints of traffic infractions constituting parking, standing or
25 stopping violations such city may, by local law, authorize such adjudi-
26 cation by such tribunal.
27 (i) If an owner receives a notice of liability pursuant to this
28 section for any time period during which the vehicle or the number plate
29 or plates of such vehicle was reported to the police department as
30 having been stolen, it shall be a valid defense to an allegation of
31 liability for a violation of subdivision (b), (d), (f) or (g) of section
32 eleven hundred eighty of this article pursuant to this section that the
33 vehicle or the number plate or plates of such vehicle had been reported
34 to the police as stolen prior to the time the violation occurred and had
35 not been recovered by such time. For purposes of asserting the defense
36 provided by this subdivision, it shall be sufficient that a certified
37 copy of the police report on the stolen vehicle or number plate or
38 plates of such vehicle be sent by first class mail to the traffic
39 violations bureau, court having jurisdiction or parking violations
40 bureau.
41 (j) 1. Where the adjudication of liability imposed upon owners pursu-
42 ant to this section is by a traffic violations bureau or a court having
43 jurisdiction, an owner who is a lessor of a vehicle to which a notice of
44 liability was issued pursuant to subdivision (g) of this section shall
45 not be liable for the violation of subdivision (b), (d), (f) or (g) of
46 section eleven hundred eighty of this article pursuant to this section,
47 provided that he or she sends to the traffic violations bureau or court
48 having jurisdiction a copy of the rental, lease or other such contract
49 document covering such vehicle on the date of the violation, with the
50 name and address of the lessee clearly legible, within thirty-seven days
51 after receiving notice from the bureau or court of the date and time of
52 such violation, together with the other information contained in the
53 original notice of liability. Failure to send such information within
54 such thirty-seven day time period shall render the owner liable for the
55 penalty prescribed by this section. Where the lessor complies with the
56 provisions of this paragraph, the lessee of such vehicle on the date of
S. 5223--B 44
1 such violation shall be deemed to be the owner of such vehicle for
2 purposes of this section, shall be subject to liability for the
3 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
4 eighty of this article pursuant to this section and shall be sent a
5 notice of liability pursuant to subdivision (g) of this section.
6 2. (i) In a city which, by local law, has authorized the adjudication
7 of liability imposed upon owners by this section by a parking violations
8 bureau, an owner who is a lessor of a vehicle to which a notice of
9 liability was issued pursuant to subdivision (g) of this section shall
10 not be liable for the violation of subdivision (b), (d), (f) or (g) of
11 section eleven hundred eighty of this article, provided that:
12 (A) prior to the violation, the lessor has filed with the bureau in
13 accordance with the provisions of section two hundred thirty-nine of
14 this chapter; and
15 (B) within thirty-seven days after receiving notice from the bureau of
16 the date and time of a liability, together with the other information
17 contained in the original notice of liability, the lessor submits to the
18 bureau the correct name and address of the lessee of the vehicle identi-
19 fied in the notice of liability at the time of such violation, together
20 with such other additional information contained in the rental, lease or
21 other contract document, as may be reasonably required by the bureau
22 pursuant to regulations that may be promulgated for such purpose.
23 (ii) Failure to comply with clause (B) of subparagraph (i) of this
24 paragraph shall render the owner liable for the penalty prescribed in
25 this section.
26 (iii) Where the lessor complies with the provisions of this paragraph,
27 the lessee of such vehicle on the date of such violation shall be deemed
28 to be the owner of such vehicle for purposes of this section, shall be
29 subject to liability for such violation pursuant to this section and
30 shall be sent a notice of liability pursuant to subdivision (g) of this
31 section.
32 (k) 1. If the owner liable for a violation of subdivision (b), (d),
33 (f) or (g) of section eleven hundred eighty of this article pursuant to
34 this section was not the operator of the vehicle at the time of the
35 violation, the owner may maintain an action for indemnification against
36 the operator.
37 2. Notwithstanding any other provision of this section, no owner of a
38 vehicle shall be subject to a monetary fine imposed pursuant to this
39 section if the operator of such vehicle was operating such vehicle with-
40 out the consent of the owner at the time such operator operated such
41 vehicle in violation of subdivision (b), (d), (f) or (g) of section
42 eleven hundred eighty of this article. For purposes of this subdivision
43 there shall be a presumption that the operator of such vehicle was oper-
44 ating such vehicle with the consent of the owner at the time such opera-
45 tor operated such vehicle in violation of subdivision (b), (d), (f) or
46 (g) of section eleven hundred eighty of this article.
47 (l) Nothing in this section shall be construed to limit the liability
48 of an operator of a vehicle for any violation of subdivision (b), (d),
49 (f) or (g) of section eleven hundred eighty of this article.
50 (m) If the commissioner or chair adopts a demonstration program pursu-
51 ant to subdivision (a) of this section the commissioner or chair, as
52 applicable, shall conduct a study and submit a report on the results of
53 the use of photo devices to the governor, the temporary president of the
54 senate and the speaker of the assembly on or before June first, two
55 thousand twenty-one and on the same date in each succeeding year in
56 which the demonstration program is operable. Such report shall include:
S. 5223--B 45
1 1. the locations where and dates when photo speed violation monitoring
2 systems were used;
3 2. the aggregate number, type and severity of crashes, fatalities,
4 injuries and property damage reported within all highway construction or
5 maintenance work areas on controlled-access highways under the jurisdic-
6 tion of the commissioner or on the thruway, to the extent the informa-
7 tion is maintained by the commissioner, chair or the department of motor
8 vehicles of this state;
9 3. the aggregate number, type and severity of crashes, fatalities,
10 injuries and property damage reported within highway construction or
11 maintenance work areas where photo speed violation monitoring systems
12 were used, to the extent the information is maintained by the commis-
13 sioner, chair or the department of motor vehicles of this state;
14 4. the number of violations recorded within all highway construction
15 or maintenance work areas on controlled-access highways under the juris-
16 diction of the commissioner or on the thruway, in the aggregate on a
17 daily, weekly and monthly basis to the extent the information is main-
18 tained by the commissioner, chair or the department of motor vehicles of
19 this state;
20 5. the number of violations recorded within each highway construction
21 or maintenance work area where a photo speed violation monitoring system
22 is used, in the aggregate on a daily, weekly and monthly basis;
23 6. to the extent the information is maintained by the commissioner,
24 chair or the department of motor vehicles of this state, the number of
25 violations recorded within all highway construction or maintenance work
26 areas on controlled-access highways under the jurisdiction of the
27 commissioner or on the thruway that were:
28 (i) more than ten but not more than twenty miles per hour over the
29 posted speed limit;
30 (ii) more than twenty but not more than thirty miles per hour over the
31 posted speed limit;
32 (iii) more than thirty but not more than forty miles per hour over the
33 posted speed limit; and
34 (iv) more than forty miles per hour over the posted speed limit;
35 7. the number of violations recorded within each highway construction
36 or maintenance work area where a photo speed violation monitoring system
37 is used that were:
38 (i) more than ten but not more than twenty miles per hour over the
39 posted speed limit;
40 (ii) more than twenty but not more than thirty miles per hour over the
41 posted speed limit;
42 (iii) more than thirty but not more than forty miles per hour over the
43 posted speed limit; and
44 (iv) more than forty miles per hour over the posted speed limit;
45 8. the total number of notices of liability issued for violations
46 recorded by such systems;
47 9. the number of fines and total amount of fines paid after the first
48 notice of liability issued for violations recorded by such systems, to
49 the extent the information is maintained by the commissioner, chair or
50 the department of motor vehicles of this state;
51 10. the number of violations adjudicated and the results of such adju-
52 dications including breakdowns of dispositions made for violations
53 recorded by such systems, to the extent the information is maintained by
54 the commissioner, chair or the department of motor vehicles of this
55 state;
S. 5223--B 46
1 11. the total amount of revenue realized by the state or thruway
2 authority in connection with the program;
3 12. the expenses incurred by the state or the thruway authority in
4 connection with the program; and
5 13. the quality of the adjudication process and its results, to the
6 extent the information is maintained by the commissioner, chair or the
7 department of motor vehicles of this state.
8 (n) It shall be a defense to any prosecution for a violation of subdi-
9 vision (b), (d), (f) or (g) of section eleven hundred eighty of this
10 article pursuant to this section that such photo speed violation moni-
11 toring system was malfunctioning at the time of the alleged violation.
12 § 9. The opening paragraph and paragraph (c) of subdivision 1 of
13 section 1809 of the vehicle and traffic law, as separately amended by
14 section 10 of chapter 145 and section 9 of chapter 148 of the laws of
15 2019, are amended to read as follows:
16 Whenever proceedings in an administrative tribunal or a court of this
17 state result in a conviction for an offense under this chapter or a
18 traffic infraction under this chapter, or a local law, ordinance, rule
19 or regulation adopted pursuant to this chapter, other than a traffic
20 infraction involving standing, stopping, or parking or violations by
21 pedestrians or bicyclists, or other than an adjudication of liability of
22 an owner for a violation of subdivision (d) of section eleven hundred
23 eleven of this chapter in accordance with section eleven hundred
24 eleven-a of this chapter, or other than an adjudication of liability of
25 an owner for a violation of subdivision (d) of section eleven hundred
26 eleven of this chapter in accordance with section eleven hundred
27 eleven-b of this chapter, or other than an adjudication in accordance
28 with section eleven hundred eleven-c of this chapter for a violation of
29 a bus lane restriction as defined in such section, or other than an
30 adjudication of liability of an owner for a violation of subdivision (d)
31 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 (b),
34 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
35 accordance with section eleven hundred eighty-b of this chapter, or
36 other than an adjudication of liability of an owner for a violation of
37 subdivision (d) of section eleven hundred eleven of this chapter in
38 accordance with section eleven hundred eleven-e of this chapter, or
39 other than an adjudication of liability of an owner for a violation of
40 section eleven hundred seventy-four of this chapter in accordance with
41 section eleven hundred seventy-four-a of this chapter, or other than an
42 adjudication of liability of an owner for a violation of subdivision
43 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
44 ter in accordance with section eleven hundred eighty-d of this chapter,
45 or other than an adjudication of liability of an owner for a violation
46 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
47 this chapter in accordance with section eleven hundred eighty-e of this
48 chapter, there shall be levied a crime victim assistance fee and a
49 mandatory surcharge, in addition to any sentence required or permitted
50 by law, in accordance with the following schedule:
51 (c) Whenever proceedings in an administrative tribunal or a court of
52 this state result in a conviction for an offense under this chapter
53 other than a crime pursuant to section eleven hundred ninety-two of this
54 chapter, or a traffic infraction under this chapter, or a local law,
55 ordinance, rule or regulation adopted pursuant to this chapter, other
56 than a traffic infraction involving standing, stopping, or parking or
S. 5223--B 47
1 violations by pedestrians or bicyclists, or other than an adjudication
2 of liability of an owner for a violation of subdivision (d) of section
3 eleven hundred eleven of this chapter in accordance with section eleven
4 hundred eleven-a of this chapter, or other than an adjudication of
5 liability of an owner for a violation of subdivision (d) of section
6 eleven hundred eleven of this chapter in accordance with section eleven
7 hundred eleven-b of this chapter, or other than an adjudication of
8 liability of an owner for a violation of subdivision (d) of section
9 eleven hundred eleven of this chapter in accordance with section eleven
10 hundred eleven-d of this chapter, or other than an infraction pursuant
11 to article nine of this chapter or other than an adjudication of liabil-
12 ity of an owner for a violation of toll collection regulations pursuant
13 to section two thousand nine hundred eighty-five of the public authori-
14 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
15 hundred seventy-four of the laws of nineteen hundred fifty or other than
16 an adjudication in accordance with section eleven hundred eleven-c of
17 this chapter for a violation of a bus lane restriction as defined in
18 such section, or other than an adjudication of liability of an owner for
19 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
20 hundred eighty of this chapter in accordance with section eleven hundred
21 eighty-b of this chapter, or other than an adjudication of liability of
22 an owner for a violation of subdivision (d) of section eleven hundred
23 eleven of this chapter in accordance with section eleven hundred
24 eleven-e of this chapter, or other than an adjudication of liability of
25 an owner for a violation of section eleven hundred seventy-four of this
26 chapter in accordance with section eleven hundred seventy-four-a of this
27 chapter, or other than an adjudication of liability of an owner for a
28 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
29 hundred eighty of this chapter in accordance with section eleven hundred
30 eighty-d of this chapter, or other than an adjudication of liability of
31 an owner for a violation of subdivision (b), (d), (f) or (g) of section
32 eleven hundred eighty of this chapter in accordance with section eleven
33 hundred eighty-e of this chapter, there shall be levied a crime victim
34 assistance fee in the amount of five dollars and a mandatory surcharge,
35 in addition to any sentence required or permitted by law, in the amount
36 of fifty-five dollars.
37 § 9-a. The opening paragraph and paragraph (c) of subdivision 1 of
38 section 1809 of the vehicle and traffic law, as amended by section 10 of
39 chapter 145 of the laws of 2019, are amended to read as follows:
40 Whenever proceedings in an administrative tribunal or a court of this
41 state result in a conviction for an offense under this chapter or a
42 traffic infraction under this chapter, or a local law, ordinance, rule
43 or regulation adopted pursuant to this chapter, other than a traffic
44 infraction involving standing, stopping, or parking or violations by
45 pedestrians or bicyclists, or other than an adjudication of liability of
46 an owner for a violation of subdivision (d) of section eleven hundred
47 eleven of this chapter in accordance with section eleven hundred
48 eleven-a of this chapter, or other than an adjudication of liability of
49 an owner for a violation of subdivision (d) of section eleven hundred
50 eleven of this chapter in accordance with section eleven hundred
51 eleven-b of this chapter, or other than an adjudication in accordance
52 with section eleven hundred eleven-c of this chapter for a violation of
53 a bus lane restriction as defined in such section, or other than an
54 adjudication of liability of an owner for a violation of subdivision (d)
55 of section eleven hundred eleven of this chapter in accordance with
56 section eleven hundred eleven-d of this chapter, or other than an adju-
S. 5223--B 48
1 dication of liability of an owner for a violation of subdivision (b),
2 (c), (d), (f) or (g) of section eleven hundred eighty of this chapter in
3 accordance with section eleven hundred eighty-b of this chapter, or
4 other than an adjudication of liability of an owner for a violation of
5 subdivision (d) of section eleven hundred eleven of this chapter in
6 accordance with section eleven hundred eleven-e of this chapter, or
7 other than an adjudication of liability of an owner for a violation of
8 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
9 this chapter in accordance with section eleven hundred eighty-e of this
10 chapter, or other than an adjudication of liability of an owner for a
11 violation of section eleven hundred seventy-four of this chapter in
12 accordance with section eleven hundred seventy-four-a of this chapter,
13 there shall be levied a crime victim assistance fee and a mandatory
14 surcharge, in addition to any sentence required or permitted by law, in
15 accordance with the following schedule:
16 (c) Whenever proceedings in an administrative tribunal or a court of
17 this state result in a conviction for an offense under this chapter
18 other than a crime pursuant to section eleven hundred ninety-two of this
19 chapter, or a traffic infraction under this chapter, or a local law,
20 ordinance, rule or regulation adopted pursuant to this chapter, other
21 than a traffic infraction involving standing, stopping, or parking or
22 violations by pedestrians or bicyclists, or other than an adjudication
23 of liability of an owner for a violation of subdivision (d) of section
24 eleven hundred eleven of this chapter in accordance with section eleven
25 hundred eleven-a of this chapter, or other than an adjudication of
26 liability of an owner for a violation of subdivision (d) of section
27 eleven hundred eleven of this chapter in accordance with section eleven
28 hundred eleven-b of this chapter, or other than an adjudication of
29 liability of an owner for a violation of subdivision (d) of section
30 eleven hundred eleven of this chapter in accordance with section eleven
31 hundred eleven-d of this chapter, or other than an infraction pursuant
32 to article nine of this chapter or other than an adjudication of liabil-
33 ity of an owner for a violation of toll collection regulations pursuant
34 to section two thousand nine hundred eighty-five of the public authori-
35 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
36 hundred seventy-four of the laws of nineteen hundred fifty or other than
37 an adjudication in accordance with section eleven hundred eleven-c of
38 this chapter for a violation of a bus lane restriction as defined in
39 such section, or other than an adjudication of liability of an owner for
40 a violation of subdivision (b), (c), (d), (f) or (g) of section eleven
41 hundred eighty of this chapter in accordance with section eleven hundred
42 eighty-b 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-e of this chapter, or other than an adjudication of liability of
46 an owner for a violation of subdivision (b), (d), (f) or (g) of section
47 eleven hundred eighty of this chapter in accordance with section eleven
48 hundred eighty-e of this chapter, or other than an adjudication of
49 liability of an owner for a violation of section eleven hundred seven-
50 ty-four of this chapter in accordance with section eleven hundred seven-
51 ty-four-a of this chapter, there shall be levied a crime victim assist-
52 ance fee in the amount of five dollars and a mandatory surcharge, in
53 addition to any sentence required or permitted by law, in the amount of
54 fifty-five dollars.
S. 5223--B 49
1 § 9-b. Subdivision 1 of section 1809 of the vehicle and traffic law,
2 as separately amended by section 10-a of chapter 145 and section 9-a of
3 chapter 148 of the laws of 2019, is amended to read as follows:
4 1. Whenever proceedings in an administrative tribunal or a court of
5 this state result in a conviction for a crime under this chapter or a
6 traffic infraction under this chapter, or a local law, ordinance, rule
7 or regulation adopted pursuant to this chapter, other than a traffic
8 infraction involving standing, stopping, parking or motor vehicle equip-
9 ment or violations by pedestrians or bicyclists, or other than an adju-
10 dication of liability of an owner for a violation of subdivision (d) of
11 section eleven hundred eleven of this chapter in accordance with section
12 eleven hundred eleven-a of this chapter, or other than an adjudication
13 of liability of an owner for a violation of subdivision (d) of section
14 eleven hundred eleven of this chapter in accordance with section eleven
15 hundred eleven-b of this chapter, or other than an adjudication in
16 accordance with section eleven hundred eleven-c of this chapter for a
17 violation of a bus lane restriction as defined in such section, or other
18 than an adjudication of liability of an owner for a violation of subdi-
19 vision (d) of section eleven hundred eleven of this chapter in accord-
20 ance with section eleven hundred eleven-d of this chapter, or other than
21 an adjudication of liability of an owner for a violation of subdivision
22 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
23 ter in accordance with section eleven hundred eighty-b of this chapter,
24 or other than an adjudication of liability of an owner for a violation
25 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
26 eighty of this chapter in accordance with section eleven hundred eight-
27 y-d of this chapter, or other than an adjudication of liability of an
28 owner for a violation of subdivision (b), (d), (f) or (g) of section
29 eleven hundred eighty of this chapter in accordance with section eleven
30 hundred eighty-e of this chapter, or other than an adjudication of
31 liability of an owner for a violation of subdivision (d) of section
32 eleven hundred eleven of this chapter in accordance with section eleven
33 hundred eleven-e of this chapter, or other than an adjudication of
34 liability of an owner for a violation of section eleven hundred seven-
35 ty-four of this chapter in accordance with section eleven hundred seven-
36 ty-four-a of this chapter, there shall be levied a mandatory surcharge,
37 in addition to any sentence required or permitted by law, in the amount
38 of twenty-five dollars.
39 § 9-c. Subdivision 1 of section 1809 of the vehicle and traffic law,
40 as separately amended by section 10-b of chapter 145 and section 9-b of
41 chapter 148 of the laws of 2019, is amended to read as follows:
42 1. Whenever proceedings in an administrative tribunal or a court of
43 this state result in a conviction for a crime under this chapter or a
44 traffic infraction under this chapter other than a traffic infraction
45 involving standing, stopping, parking or motor vehicle equipment or
46 violations by pedestrians or bicyclists, or other than an adjudication
47 in accordance with section eleven hundred eleven-c of this chapter for a
48 violation of a bus lane restriction as defined in such section, or other
49 than an adjudication of liability of an owner for a violation of subdi-
50 vision (d) of section eleven hundred eleven of this chapter in accord-
51 ance with section eleven hundred eleven-d of this chapter, or other than
52 an adjudication of liability of an owner for a violation of subdivision
53 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
54 ter in accordance with section eleven hundred eighty-d of this chapter,
55 or other than an adjudication of liability of an owner for a violation
56 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
S. 5223--B 50
1 this chapter in accordance with section eleven hundred eighty-e of this
2 chapter, or other than an adjudication of liability of an owner for a
3 violation of subdivision (d) of section eleven hundred eleven of this
4 chapter in accordance with section eleven hundred eleven-e of this chap-
5 ter, or other than an adjudication of liability of an owner for a
6 violation of section eleven hundred seventy-four of this chapter in
7 accordance with section eleven hundred seventy-four-a of this chapter,
8 there shall be levied a mandatory surcharge, in addition to any sentence
9 required or permitted by law, in the amount of seventeen dollars.
10 § 9-d. Subdivision 1 of section 1809 of the vehicle and traffic law,
11 as separately amended by section 10-c of chapter 145 and section 9-c of
12 chapter 148 of the laws of 2019, is amended to read as follows:
13 1. Whenever proceedings in an administrative tribunal or a court of
14 this state result in a conviction for a crime under this chapter or a
15 traffic infraction under this chapter other than a traffic infraction
16 involving standing, stopping, parking or motor vehicle equipment or
17 violations by pedestrians or bicyclists, or other than an adjudication
18 of liability of an owner for a violation of subdivision (b), (c), (d),
19 (f) or (g) of section eleven hundred eighty of this chapter in accord-
20 ance with section eleven hundred eighty-b of this chapter, or other than
21 an adjudication of liability of an owner for a violation of subdivision
22 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
23 ter in accordance with section eleven hundred eighty-d of this chapter,
24 or other than an adjudication of liability of an owner for a violation
25 of subdivision (d) of section eleven hundred eleven of this chapter in
26 accordance with section eleven hundred eleven-d of this chapter, or
27 other than an adjudication of liability of an owner for a violation of
28 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
29 this chapter in accordance with section eleven hundred eighty-e of this
30 chapter, or other than an adjudication of liability of an owner for a
31 violation of subdivision (d) of section eleven hundred eleven of this
32 chapter in accordance with section eleven hundred eleven-e of this chap-
33 ter, or other than an adjudication of liability of an owner for a
34 violation of section eleven hundred seventy-four of this chapter in
35 accordance with section eleven hundred seventy-four-a of this chapter,
36 there shall be levied a mandatory surcharge, in addition to any sentence
37 required or permitted by law, in the amount of seventeen dollars.
38 § 9-e. Subdivision 1 of section 1809 of the vehicle and traffic law,
39 as separately amended by section 10-d of chapter 145 and section 9-d of
40 chapter 148 of the laws of 2019, is amended to read as follows:
41 1. Whenever proceedings in an administrative tribunal or a court of
42 this state result in a conviction for a crime under this chapter or a
43 traffic infraction under this chapter other than a traffic infraction
44 involving standing, stopping, parking or motor vehicle equipment or
45 violations by pedestrians or bicyclists, or other than an adjudication
46 of liability of an owner for a violation of subdivision (b), (c), (d),
47 (f) or (g) of section eleven hundred eighty of this chapter in accord-
48 ance with section eleven hundred eighty-d of this chapter, or other than
49 an adjudication of liability of an owner for a violation of subdivision
50 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
51 accordance with section eleven hundred eighty-e of this chapter, or
52 other than an adjudication of liability of an owner for a violation of
53 subdivision (d) of section eleven hundred eleven of this chapter in
54 accordance with section eleven hundred eleven-d of this chapter, or
55 other than an adjudication of liability of an owner for a violation of
56 subdivision (d) of section eleven hundred eleven of this chapter in
S. 5223--B 51
1 accordance with section eleven hundred eleven-e of this chapter, or
2 other than an adjudication of liability of an owner for a violation of
3 section eleven hundred seventy-four of this chapter in accordance with
4 section eleven hundred seventy-four-a of this chapter, there shall be
5 levied a mandatory surcharge, in addition to any sentence required or
6 permitted by law, in the amount of seventeen dollars.
7 § 9-f. Subdivision 1 of section 1809 of the vehicle and traffic law,
8 as separately amended by section 10-f of chapter 145 and section 9-f of
9 chapter 148 of the laws of 2019, is amended to read as follows:
10 1. Whenever proceedings in an administrative tribunal or a court of
11 this state result in a conviction for a crime under this chapter or a
12 traffic infraction under this chapter other than a traffic infraction
13 involving standing, stopping, parking or motor vehicle equipment or
14 violations by pedestrians or bicyclists, or other than an adjudication
15 of liability of an owner for a violation of subdivision (b), (c), (d),
16 (f) or (g) of section eleven hundred eighty of this chapter in accord-
17 ance with section eleven hundred eighty-d of this chapter, or other than
18 an adjudication of liability of an owner for a violation of subdivision
19 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
20 accordance with section eleven hundred eighty-e of this chapter, or
21 other than an adjudication of liability of an owner for a violation of
22 subdivision (d) of section eleven hundred eleven of this chapter in
23 accordance with section eleven hundred eleven-e of this chapter, or
24 other than an adjudication of liability of an owner for a violation of
25 section eleven hundred seventy-four of this chapter in accordance with
26 section eleven hundred seventy-four-a of this chapter, there shall be
27 levied a mandatory surcharge, in addition to any sentence required or
28 permitted by law, in the amount of seventeen dollars.
29 § 9-g. Subdivision 1 of section 1809 of the vehicle and traffic law,
30 as separately amended by section 10-g of chapter 145 and section 9-g of
31 chapter 148 of the laws of 2019, is amended to read as follows:
32 1. Whenever proceedings in an administrative tribunal or a court of
33 this state result in a conviction for a crime under this chapter or a
34 traffic infraction under this chapter other than a traffic infraction
35 involving standing, stopping, parking or motor vehicle equipment or
36 violations by pedestrians or bicyclists, or other than an adjudication
37 of liability of an owner for a violation of subdivision (b), (d), (f) or
38 (g) of section eleven hundred eighty of this chapter in accordance with
39 section eleven hundred eighty-d of this chapter, or other than an adju-
40 dication of liability of an owner for a violation of subdivision (b),
41 (d), (f) or (g) of section eleven hundred eighty of this chapter in
42 accordance with section eleven hundred eighty-e of this chapter, 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, there shall be
46 levied a mandatory surcharge, in addition to any sentence required or
47 permitted by law, in the amount of seventeen dollars.
48 § 9-h. Subdivision 1 of section 1809 of the vehicle and traffic law,
49 as separately amended by chapter 16 of the laws of 1983 and chapter 62
50 of the laws of 1989, is amended to read as follows:
51 1. Whenever proceedings in an administrative tribunal or a court of
52 this state result in a conviction for a crime under this chapter or a
53 traffic infraction under this chapter other than a traffic infraction
54 involving standing, stopping, parking or motor vehicle equipment or
55 violations by pedestrians or bicyclists, or other than an adjudication
56 of liability of an owner for a violation of subdivision (b), (d), (f) or
S. 5223--B 52
1 (g) of section eleven hundred eighty of this chapter in accordance with
2 section eleven hundred eighty-e of this chapter, there shall be levied a
3 mandatory surcharge, in addition to any sentence required or permitted
4 by law, in the amount of seventeen dollars.
5 § 10. Paragraph a of subdivision 1 of section 1809-e of the vehicle
6 and traffic law, as separately amended by section 11 of chapter 145 and
7 section 10 of chapter 148 of the laws of 2019, is amended to read as
8 follows:
9 a. Notwithstanding any other provision of law, whenever proceedings in
10 a court or an administrative tribunal of this state result in a
11 conviction for an offense under this chapter, except a conviction pursu-
12 ant to section eleven hundred ninety-two of this chapter, or for a traf-
13 fic infraction under this chapter, or a local law, ordinance, rule or
14 regulation adopted pursuant to this chapter, except a traffic infraction
15 involving standing, stopping, or parking or violations by pedestrians or
16 bicyclists, and except an adjudication of liability of an owner for a
17 violation of subdivision (d) of section eleven hundred eleven of this
18 chapter in accordance with section eleven hundred eleven-a of this chap-
19 ter or in accordance with section eleven hundred eleven-d of this chap-
20 ter, or in accordance with section eleven hundred eleven-e of this chap-
21 ter, or in accordance with section eleven hundred seventy-four-a of this
22 chapter, and except an adjudication of liability of an owner for a
23 violation of subdivision (d) of section eleven hundred eleven of this
24 chapter in accordance with section eleven hundred eleven-b of this chap-
25 ter, and except an adjudication in accordance with section eleven
26 hundred eleven-c of this chapter of a violation of a bus lane
27 restriction as defined in such section, and [expect] except an adjudi-
28 cation of liability of an owner for a violation of subdivision (b), (c),
29 (d), (f) or (g) of section eleven hundred eighty of this chapter in
30 accordance with section eleven hundred eighty-b of this chapter, and
31 except an adjudication of liability of an owner for a violation of toll
32 collection regulations pursuant to section two thousand nine hundred
33 eighty-five of the public authorities law or sections sixteen-a,
34 sixteen-b and sixteen-c of chapter seven hundred seventy-four of the
35 laws of nineteen hundred fifty, or other than an adjudication of liabil-
36 ity of an owner for a violation of subdivision (b), (c), (d), (f) or (g)
37 of section eleven hundred eighty of this chapter in accordance with
38 section eleven hundred eighty-d of this chapter, and except an adjudi-
39 cation of liability of an owner for a violation of subdivision (b), (d),
40 (f) or (g) of section eleven hundred eighty of this chapter in accord-
41 ance with section eleven hundred eighty-e of this chapter, there shall
42 be levied in addition to any sentence, penalty or other surcharge
43 required or permitted by law, an additional surcharge of twenty-eight
44 dollars.
45 § 10-a. Paragraph a of subdivision 1 of section 1809-e of the vehicle
46 and traffic law, as amended by section 11 of chapter 145 of the laws of
47 2019, is amended to read as follows:
48 a. Notwithstanding any other provision of law, whenever proceedings in
49 a court or an administrative tribunal of this state result in a
50 conviction for an offense under this chapter, except a conviction pursu-
51 ant to section eleven hundred ninety-two of this chapter, or for a traf-
52 fic infraction under this chapter, or a local law, ordinance, rule or
53 regulation adopted pursuant to this chapter, except a traffic infraction
54 involving standing, stopping, or parking or violations by pedestrians or
55 bicyclists, and except an adjudication of liability of an owner for a
56 violation of subdivision (d) of section eleven hundred eleven of this
S. 5223--B 53
1 chapter in accordance with section eleven hundred eleven-a of this chap-
2 ter or in accordance with section eleven hundred eleven-d of this chap-
3 ter, or in accordance with section eleven hundred eleven-e of this chap-
4 ter, or in accordance with section eleven hundred seventy-four-a of this
5 chapter, and except an adjudication of liability of an owner for a
6 violation of subdivision (d) of section eleven hundred eleven of this
7 chapter in accordance with section eleven hundred eleven-b of this chap-
8 ter, and except an adjudication in accordance with section eleven
9 hundred eleven-c of this chapter of a violation of a bus lane
10 restriction as defined in such section, and [expect] except an adjudi-
11 cation of liability of an owner for a violation of subdivision (b), (c),
12 (d), (f) or (g) of section eleven hundred eighty of this chapter in
13 accordance with section eleven hundred eighty-b of this chapter, and
14 except an adjudication of liability of an owner for a violation of
15 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
16 this chapter in accordance with section eleven hundred eighty-e of this
17 chapter, and except an adjudication of liability of an owner for a
18 violation of toll collection regulations pursuant to section two thou-
19 sand nine hundred eighty-five of the public authorities law or sections
20 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
21 of the laws of nineteen hundred fifty, there shall be levied in addition
22 to any sentence, penalty or other surcharge required or permitted by
23 law, an additional surcharge of twenty-eight dollars.
24 § 10-b. Paragraph a of subdivision 1 of section 1809-e of the vehicle
25 and traffic law, as separately amended by section 11-a of chapter 145
26 and section 10-a of chapter 148 of the laws of 2019, is amended to read
27 as follows:
28 a. Notwithstanding any other provision of law, whenever proceedings in
29 a court or an administrative tribunal of this state result in a
30 conviction for an offense under this chapter, except a conviction pursu-
31 ant to section eleven hundred ninety-two of this chapter, or for a traf-
32 fic infraction under this chapter, or a local law, ordinance, rule or
33 regulation adopted pursuant to this chapter, except a traffic infraction
34 involving standing, stopping, or parking or violations by pedestrians or
35 bicyclists, and except an adjudication of liability of an owner for a
36 violation of subdivision (d) of section eleven hundred eleven of this
37 chapter in accordance with section eleven hundred eleven-a of this chap-
38 ter or in accordance with section eleven hundred eleven-d of this chap-
39 ter or in accordance with section eleven hundred eleven-e of this chap-
40 ter, or in accordance with section eleven hundred seventy-four-a of this
41 chapter, and except an adjudication in accordance with section eleven
42 hundred eleven-c of this chapter of a violation of a bus lane
43 restriction as defined in such section, and except an adjudication of
44 liability of an owner for a violation of subdivision (b), (c), (d), (f)
45 or (g) of section eleven hundred eighty of this chapter in accordance
46 with section eleven hundred eighty-b of this chapter, and except an
47 adjudication of liability of an owner for a violation of subdivision
48 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
49 ter in accordance with section eleven hundred eighty-d of this chapter,
50 and except an adjudication of liability of an owner for a violation of
51 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
52 this chapter in accordance with section eleven hundred eighty-e of this
53 chapter, and except an adjudication of liability of an owner for a
54 violation of toll collection regulations pursuant to section two thou-
55 sand nine hundred eighty-five of the public authorities law or sections
56 sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
S. 5223--B 54
1 of the laws of nineteen hundred fifty, there shall be levied in addition
2 to any sentence, penalty or other surcharge required or permitted by
3 law, an additional surcharge of twenty-eight dollars.
4 § 10-c. Paragraph a of subdivision 1 of section 1809-e of the vehicle
5 and traffic law, as separately amended by section 11-b of chapter 145
6 and section 10-b of chapter 148 of the laws of 2019, is amended to read
7 as follows:
8 a. Notwithstanding any other provision of law, whenever proceedings in
9 a court or an administrative tribunal of this state result in a
10 conviction for an offense under this chapter, except a conviction pursu-
11 ant to section eleven hundred ninety-two of this chapter, or for a traf-
12 fic infraction under this chapter, or a local law, ordinance, rule or
13 regulation adopted pursuant to this chapter, except a traffic infraction
14 involving standing, stopping, or parking or violations by pedestrians or
15 bicyclists, and except an adjudication of liability of an owner for a
16 violation of subdivision (d) of section eleven hundred eleven of this
17 chapter in accordance with section eleven hundred eleven-a of this chap-
18 ter or in accordance with section eleven hundred eleven-d of this chap-
19 ter or in accordance with section eleven hundred eleven-e of this chap-
20 ter, or in accordance with section eleven hundred seventy-four-a of this
21 chapter, and except an adjudication of liability of an owner for a
22 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
23 hundred eighty of this chapter in accordance with section eleven hundred
24 eighty-b of this chapter, and except an adjudication of liability of an
25 owner for a violation of subdivision (b), (c), (d), (f) or (g) of
26 section eleven hundred eighty of this chapter in accordance with section
27 eleven hundred eighty-d of this chapter, and except an adjudication of
28 liability of an owner for a violation of subdivision (b), (d), (f) or
29 (g) of section eleven hundred eighty of this chapter in accordance with
30 section eleven hundred eighty-e of this chapter, and except an adjudi-
31 cation of liability of an owner for a violation of toll collection regu-
32 lations pursuant to section two thousand nine hundred eighty-five of the
33 public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
34 chapter seven hundred seventy-four of the laws of nineteen hundred
35 fifty, there shall be levied in addition to any sentence, penalty or
36 other surcharge required or permitted by law, an additional surcharge of
37 twenty-eight dollars.
38 § 10-d. Paragraph a of subdivision 1 of section 1809-e of the vehicle
39 and traffic law, as separately amended by section 11-c of chapter 145
40 and section 10-c of chapter 148 of the laws of 2019, is amended to read
41 as follows:
42 a. Notwithstanding any other provision of law, whenever proceedings in
43 a court or an administrative tribunal of this state result in a
44 conviction for an offense under this chapter, except a conviction pursu-
45 ant to section eleven hundred ninety-two of this chapter, or for a traf-
46 fic infraction under this chapter, or a local law, ordinance, rule or
47 regulation adopted pursuant to this chapter, except a traffic infraction
48 involving standing, stopping, or parking or violations by pedestrians or
49 bicyclists, and except an adjudication of liability of an owner for a
50 violation of subdivision (d) of section eleven hundred eleven of this
51 chapter in accordance with section eleven hundred eleven-a of this chap-
52 ter or in accordance with section eleven hundred eleven-d of this chap-
53 ter or in accordance with section eleven hundred eleven-e of this chap-
54 ter, or in accordance with section eleven hundred seventy-four-a of this
55 chapter, and except an adjudication of liability of an owner for a
56 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
S. 5223--B 55
1 hundred eighty of this chapter in accordance with section eleven hundred
2 eighty-d of this chapter, and except an adjudication of liability of an
3 owner for a violation of subdivision (b), (d), (f) or (g) of section
4 eleven hundred eighty of this chapter in accordance with section eleven
5 hundred eighty-e of this chapter, and except an adjudication of liabil-
6 ity of an owner for a violation of toll collection regulations pursuant
7 to section two thousand nine hundred eighty-five of the public authori-
8 ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
9 hundred seventy-four of the laws of nineteen hundred fifty, there shall
10 be levied in addition to any sentence, penalty or other surcharge
11 required or permitted by law, an additional surcharge of twenty-eight
12 dollars.
13 § 10-e. Paragraph a of subdivision 1 of section 1809-e of the vehicle
14 and traffic law, as separately amended by section 11-e of chapter 145
15 and section 10-e of chapter 148 of the laws of 2019, is amended to read
16 as follows:
17 a. Notwithstanding any other provision of law, whenever proceedings in
18 a court or an administrative tribunal of this state result in a
19 conviction for an offense under this chapter, except a conviction pursu-
20 ant to section eleven hundred ninety-two of this chapter, or for a traf-
21 fic infraction under this chapter, or a local law, ordinance, rule or
22 regulation adopted pursuant to this chapter, except a traffic infraction
23 involving standing, stopping, or parking or violations by pedestrians or
24 bicyclists, and except an adjudication of liability of an owner for a
25 violation of subdivision (d) of section eleven hundred eleven of this
26 chapter in accordance with section eleven hundred eleven-a of this chap-
27 ter or in accordance with section eleven hundred eleven-e of this chap-
28 ter, and except an adjudication of liability of an owner for a violation
29 of subdivision (b), (c), (d), (f) or (g) of section eleven hundred
30 eighty of this chapter in accordance with section eleven hundred eight-
31 y-d of this chapter, and except an adjudication of liability of an owner
32 for a violation of subdivision (b), (d), (f) or (g) of section eleven
33 hundred eighty of this chapter in accordance with section eleven hundred
34 eighty-e of this chapter, or in accordance with section eleven hundred
35 seventy-four-a of this chapter, and except an adjudication of liability
36 of an owner for a violation of toll collection regulations pursuant to
37 section two thousand nine hundred eighty-five of the public authorities
38 law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
39 hundred seventy-four of the laws of nineteen hundred fifty, there shall
40 be levied in addition to any sentence, penalty or other surcharge
41 required or permitted by law, an additional surcharge of twenty-eight
42 dollars.
43 § 10-f. Paragraph a of subdivision 1 of section 1809-e of the vehicle
44 and traffic law, as separately amended by section 11-f of chapter 145
45 and section 10-f of chapter 148 of the laws of 2019, is amended to read
46 as follows:
47 a. Notwithstanding any other provision of law, whenever proceedings in
48 a court or an administrative tribunal of this state result in a
49 conviction for an offense under this chapter, except a conviction pursu-
50 ant to section eleven hundred ninety-two of this chapter, or for a traf-
51 fic infraction under this chapter, or a local law, ordinance, rule or
52 regulation adopted pursuant to this chapter, except a traffic infraction
53 involving standing, stopping, or parking or violations by pedestrians or
54 bicyclists, and except an adjudication of liability of an owner for a
55 violation of subdivision (d) of section eleven hundred eleven of this
56 chapter in accordance with section eleven hundred eleven-a of this chap-
S. 5223--B 56
1 ter and except an adjudication of liability of an owner for a violation
2 of subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
3 this chapter in accordance with section eleven hundred eighty-e of this
4 chapter, or in accordance with section eleven hundred seventy-four-a of
5 this chapter, and except an adjudication of liability of an owner for a
6 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
7 hundred eighty of this chapter in accordance with section eleven hundred
8 eighty-d of this chapter, and except an adjudication of liability of an
9 owner for a violation of toll collection regulations pursuant to section
10 two thousand nine hundred eighty-five of the public authorities law or
11 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
12 seventy-four of the laws of nineteen hundred fifty, there shall be
13 levied in addition to any sentence, penalty or other surcharge required
14 or permitted by law, an additional surcharge of twenty-eight dollars.
15 § 10-g. Paragraph a of subdivision 1 of section 1809-e of the vehicle
16 and traffic law, as amended by section 5 of part C of chapter 55 of the
17 laws of 2013, is amended to read as follows:
18 a. Notwithstanding any other provision of law, whenever proceedings in
19 a court or an administrative tribunal of this state result in a
20 conviction for an offense under this chapter, except a conviction pursu-
21 ant to section eleven hundred ninety-two of this chapter, or for a traf-
22 fic infraction under this chapter, or a local law, ordinance, rule or
23 regulation adopted pursuant to this chapter, except a traffic infraction
24 involving standing, stopping, or parking or violations by pedestrians or
25 bicyclists, and except an adjudication of liability of an owner for a
26 violation of subdivision (d) of section eleven hundred eleven of this
27 chapter in accordance with section eleven hundred eleven-a of this chap-
28 ter, and except as an adjudication of liability of an owner for a
29 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
30 eighty of this chapter in accordance with section eleven hundred eight-
31 y-e of this chapter, and except an adjudication of liability of an owner
32 for a violation of toll collection regulations pursuant to section two
33 thousand nine hundred eighty-five of the public authorities law or
34 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
35 seventy-four of the laws of nineteen hundred fifty, there shall be
36 levied in addition to any sentence, penalty or other surcharge required
37 or permitted by law, an additional surcharge of twenty-eight dollars.
38 § 11. Subparagraph (i) of paragraph a of subdivision 5-a of section
39 401 of the vehicle and traffic law, as separately amended by section 8
40 of chapter 145 and section 11 of chapter 148 of the laws of 2019, is
41 amended to read as follows:
42 (i) If at the time of application for a registration or renewal there-
43 of there is a certification from a court, parking violations bureau,
44 traffic and parking violations agency or administrative tribunal of
45 appropriate jurisdiction or administrative tribunal of appropriate
46 jurisdiction that the registrant or his or her representative failed to
47 appear on the return date or any subsequent adjourned date or failed to
48 comply with the rules and regulations of an administrative tribunal
49 following entry of a final decision in response to a total of three or
50 more summonses or other process in the aggregate, issued within an eigh-
51 teen month period, charging either that: (i) such motor vehicle was
52 parked, stopped or standing, or that such motor vehicle was operated for
53 hire by the registrant or his or her agent without being licensed as a
54 motor vehicle for hire by the appropriate local authority, in violation
55 of any of the provisions of this chapter or of any law, ordinance, rule
56 or regulation made by a local authority; or (ii) the registrant was
S. 5223--B 57
1 liable in accordance with section eleven hundred eleven-a, section elev-
2 en hundred eleven-b or section eleven hundred eleven-d of this chapter
3 for a violation of subdivision (d) of section eleven hundred eleven of
4 this chapter; or (iii) the registrant was liable in accordance with
5 section eleven hundred eleven-c of this chapter for a violation of a bus
6 lane restriction as defined in such section, or (iv) the registrant was
7 liable in accordance with section eleven hundred eighty-b of this chap-
8 ter for a violation of subdivision (c) or (d) of section eleven hundred
9 eighty of this chapter, or (vi) the registrant was liable in accordance
10 with section eleven hundred eleven-e of this chapter for a violation of
11 subdivision (d) of section eleven hundred eleven of this chapter; or
12 (vii) the registrant was liable in accordance with section eleven
13 hundred seventy-four-a of this chapter for a violation of section eleven
14 hundred seventy-four of this chapter, or (vii) the registrant was liable
15 in accordance with section eleven hundred eighty-d of this chapter for a
16 violation of subdivision (c) or (d) of section eleven hundred eighty of
17 this chapter, or (viii) the registrant was liable in accordance with
18 section eleven hundred eighty-e of this chapter for a violation of
19 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
20 this chapter, the commissioner or his or her agent shall deny the regis-
21 tration or renewal application until the applicant provides proof from
22 the court, traffic and parking violations agency or administrative
23 tribunal wherein the charges are pending that an appearance or answer
24 has been made or in the case of an administrative tribunal that he or
25 she has complied with the rules and regulations of said tribunal follow-
26 ing entry of a final decision. Where an application is denied pursuant
27 to this section, the commissioner may, in his or her discretion, deny a
28 registration or renewal application to any other person for the same
29 vehicle and may deny a registration or renewal application for any other
30 motor vehicle registered in the name of the applicant where the commis-
31 sioner has determined that such registrant's intent has been to evade
32 the purposes of this subdivision and where the commissioner has reason-
33 able grounds to believe that such registration or renewal will have the
34 effect of defeating the purposes of this subdivision. Such denial shall
35 only remain in effect as long as the summonses remain unanswered, or in
36 the case of an administrative tribunal, the registrant fails to comply
37 with the rules and regulations following entry of a final decision.
38 § 11-a. Subparagraph (i) of paragraph a of subdivision 5-a of section
39 401 of the vehicle and traffic law, as amended by section 8 of chapter
40 145 of the laws of 2019, is amended to read as follows:
41 (i) If at the time of application for a registration or renewal there-
42 of there is a certification from a court, parking violations bureau,
43 traffic and parking violations agency or administrative tribunal of
44 appropriate jurisdiction or [adminstrative] administrative tribunal of
45 appropriate jurisdiction that the registrant or his or her represen-
46 tative failed to appear on the return date or any subsequent adjourned
47 date or failed to comply with the rules and regulations of an adminis-
48 trative tribunal following entry of a final decision in response to a
49 total of three or more summonses or other process in the aggregate,
50 issued within an eighteen month period, charging either that: (i) such
51 motor vehicle was parked, stopped or standing, or that such motor vehi-
52 cle was operated for hire by the registrant or his or her agent without
53 being licensed as a motor vehicle for hire by the appropriate local
54 authority, in violation of any of the provisions of this chapter or of
55 any law, ordinance, rule or regulation made by a local authority; or
56 (ii) the registrant was liable in accordance with section eleven hundred
S. 5223--B 58
1 eleven-a, section eleven hundred eleven-b or section eleven hundred
2 eleven-d of this chapter for a violation of subdivision (d) of section
3 eleven hundred eleven of this chapter; or (iii) the registrant was
4 liable in accordance with section eleven hundred eleven-c of this chap-
5 ter for a violation of a bus lane restriction as defined in such
6 section, or (iv) the registrant was liable in accordance with section
7 eleven hundred eighty-b of this chapter for a violation of subdivision
8 (c) or (d) of section eleven hundred eighty of this chapter, or (vi) the
9 registrant was liable in accordance with section eleven hundred eleven-e
10 of this chapter for a violation of subdivision (d) of section eleven
11 hundred eleven of this chapter; or (vii) the registrant was liable in
12 accordance with section eleven hundred seventy-four-a of this chapter
13 for a violation of section eleven hundred seventy-four of this chapter,
14 or (viii) the registrant was liable in accordance with section eleven
15 hundred eighty-e of this chapter for a violation of subdivision (b),
16 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
17 commissioner or his or her agent shall deny the registration or renewal
18 application until the applicant provides proof from the court, traffic
19 and parking violations agency or administrative tribunal wherein the
20 charges are pending that an appearance or answer has been made or in the
21 case of an administrative tribunal that he or she has complied with the
22 rules and regulations of said tribunal following entry of a final deci-
23 sion. Where an application is denied pursuant to this section, the
24 commissioner may, in his or her discretion, deny a registration or
25 renewal application to any other person for the same vehicle and may
26 deny a registration or renewal application for any other motor vehicle
27 registered in the name of the applicant where the commissioner has
28 determined that such registrant's intent has been to evade the purposes
29 of this subdivision and where the commissioner has reasonable grounds to
30 believe that such registration or renewal will have the effect of
31 defeating the purposes of this subdivision. Such denial shall only
32 remain in effect as long as the summonses remain unanswered, or in the
33 case of an administrative tribunal, the registrant fails to comply with
34 the rules and regulations following entry of a final decision.
35 § 11-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
36 and traffic law, as separately amended by section 8-a of chapter 145 of
37 the laws of 2019 and section 11-a of chapter 148 of the laws of 2019. is
38 amended to read as follows:
39 a. If at the time of application for a registration or renewal thereof
40 there is a certification from a court or administrative tribunal of
41 appropriate jurisdiction that the registrant or his or her represen-
42 tative failed to appear on the return date or any subsequent adjourned
43 date or failed to comply with the rules and regulations of an adminis-
44 trative tribunal following entry of a final decision in response to a
45 total of three or more summonses or other process in the aggregate,
46 issued within an eighteen month period, charging either that: (i) such
47 motor vehicle was parked, stopped or standing, or that such motor vehi-
48 cle was operated for hire by the registrant or his or her agent without
49 being licensed as a motor vehicle for hire by the appropriate local
50 authority, in violation of any of the provisions of this chapter or of
51 any law, ordinance, rule or regulation made by a local authority; or
52 (ii) the registrant was liable in accordance with section eleven hundred
53 eleven-b of this chapter for a violation of subdivision (d) of section
54 eleven hundred eleven of this chapter; or (iii) the registrant was
55 liable in accordance with section eleven hundred eleven-c of this chap-
56 ter for a violation of a bus lane restriction as defined in such
S. 5223--B 59
1 section; or (iv) the registrant was liable in accordance with section
2 eleven hundred eleven-d of this chapter for a violation of subdivision
3 (d) of section eleven hundred eleven of this chapter; or (v) the regis-
4 trant was liable in accordance with section eleven hundred eighty-b of
5 this chapter for a violation of subdivision (b), (d), (f) or (g) of
6 section eleven hundred eighty of this chapter ; or (vi) the registrant
7 was liable in accordance with section eleven hundred eleven-e of this
8 chapter for a violation of subdivision (d) of section eleven hundred
9 eleven of this chapter; or (vii) the registrant was liable in accordance
10 with section eleven hundred seventy-four-a of this chapter for a
11 violation of section eleven hundred seventy-four of this chapter; or
12 [(vii)] (viii) the registrant was liable in accordance with section
13 eleven hundred eighty-d of this chapter for a violation of subdivision
14 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
15 ter; or (ix) the registrant was liable in accordance with section eleven
16 hundred eighty-e of this chapter for a violation of subdivision (b),
17 (d), (f) or (g) of section eleven hundred eighty of this chapter, the
18 commissioner or his or her agent shall deny the registration or renewal
19 application until the applicant provides proof from the court or admin-
20 istrative tribunal wherein the charges are pending that an appearance or
21 answer has been made or in the case of an administrative tribunal that
22 he or she has complied with the rules and regulations of said tribunal
23 following entry of a final decision. Where an application is denied
24 pursuant to this section, the commissioner may, in his or her
25 discretion, deny a registration or renewal application to any other
26 person for the same vehicle and may deny a registration or renewal
27 application for any other motor vehicle registered in the name of the
28 applicant where the commissioner has determined that such registrant's
29 intent has been to evade the purposes of this subdivision and where the
30 commissioner has reasonable grounds to believe that such registration or
31 renewal will have the effect of defeating the purposes of this subdivi-
32 sion. Such denial shall only remain in effect as long as the summonses
33 remain unanswered, or in the case of an administrative tribunal, the
34 registrant fails to comply with the rules and regulations following
35 entry of a final decision.
36 § 11-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
37 and traffic law, as separately amended by section 8-b of chapter 145 and
38 section 11-b of chapter 148 of the laws of 2019, is amended to read as
39 follows:
40 a. If at the time of application for a registration or renewal thereof
41 there is a certification from a court or administrative tribunal of
42 appropriate jurisdiction that the registrant or his or her represen-
43 tative failed to appear on the return date or any subsequent adjourned
44 date or failed to comply with the rules and regulations of an adminis-
45 trative tribunal following entry of a final decision in response to
46 three or more summonses or other process, issued within an eighteen
47 month period, charging that: (i) such motor vehicle was parked, stopped
48 or standing, or that such motor vehicle was operated for hire by the
49 registrant or his or her agent without being licensed as a motor vehicle
50 for hire by the appropriate local authority, in violation of any of the
51 provisions of this chapter or of any law, ordinance, rule or regulation
52 made by a local authority; or (ii) the registrant was liable in accord-
53 ance with section eleven hundred eleven-c of this chapter for a
54 violation of a bus lane restriction as defined in such section; or (iii)
55 the registrant was liable in accordance with section eleven hundred
56 eleven-d of this chapter for a violation of subdivision (d) of section
S. 5223--B 60
1 eleven hundred eleven of this chapter; or (iv) the registrant was liable
2 in accordance with section eleven hundred eighty-b of this chapter for a
3 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
4 hundred eighty of this chapter,[,] or the registrant was liable in
5 accordance with section eleven hundred eighty-d of this chapter for a
6 violation of subdivision (b), (c), (d), (f) or (g) of section eleven
7 hundred eighty of this chapter; or (v) the registrant was liable in
8 accordance with section eleven hundred eleven-e of this chapter for a
9 violation of subdivision (d) of section eleven hundred eleven of this
10 chapter; or (vi) the registrant was liable in accordance with section
11 eleven hundred eighty-e of this chapter for a violation of subdivision
12 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter;
13 or (vii) the registrant was liable in accordance with section eleven
14 hundred seventy-four-a of this chapter for a violation of section eleven
15 hundred seventy-four of this chapter, the commissioner or his or her
16 agent shall deny the registration or renewal application until the
17 applicant provides proof from the court or administrative tribunal wher-
18 ein the charges are pending that an appearance or answer has been made
19 or in the case of an administrative tribunal that he or she has complied
20 with the rules and regulations of said tribunal following entry of a
21 final decision. Where an application is denied pursuant to this section,
22 the commissioner may, in his or her discretion, deny a registration or
23 renewal application to any other person for the same vehicle and may
24 deny a registration or renewal application for any other motor vehicle
25 registered in the name of the applicant where the commissioner has
26 determined that such registrant's intent has been to evade the purposes
27 of this subdivision and where the commissioner has reasonable grounds to
28 believe that such registration or renewal will have the effect of
29 defeating the purposes of this subdivision. Such denial shall only
30 remain in effect as long as the summonses remain unanswered, or in the
31 case of an administrative tribunal, the registrant fails to comply with
32 the rules and regulations following entry of a final decision.
33 § 11-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
34 and traffic law, as separately amended by section 8-c of chapter 145 and
35 section 11-c of chapter 148 of the laws of 2019, is amended to read as
36 follows:
37 a. If at the time of application for a registration or renewal thereof
38 there is a certification from a court or administrative tribunal of
39 appropriate jurisdiction that the registrant or his or her represen-
40 tative failed to appear on the return date or any subsequent adjourned
41 date or failed to comply with the rules and regulations of an adminis-
42 trative tribunal following entry of a final decision in response to
43 three or more summonses or other process, issued within an eighteen
44 month period, charging that: (i) such motor vehicle was parked, stopped
45 or standing, or that such motor vehicle was operated for hire by the
46 registrant or his or her agent without being licensed as a motor vehicle
47 for hire by the appropriate local authority, in violation of any of the
48 provisions of this chapter or of any law, ordinance, rule or regulation
49 made by a local authority; or (ii) the registrant was liable in accord-
50 ance with section eleven hundred eleven-d of this chapter for a
51 violation of subdivision (d) of section eleven hundred eleven of this
52 chapter; or (iii) the registrant was liable in accordance with section
53 eleven hundred eighty-b of this chapter for violations of subdivision
54 (b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
55 ter,[,] or the registrant was liable in accordance with section eleven
56 hundred eighty-d of this chapter for violations of subdivision (b), (c),
S. 5223--B 61
1 (d), (f) or (g) of section eleven hundred eighty of this chapter; or
2 (iv) the registrant was liable in accordance with section eleven hundred
3 eleven-e of this chapter for a violation of subdivision (d) of section
4 eleven hundred eleven of this chapter; or (v) the registrant was liable
5 in accordance with section eleven hundred eighty-e of this chapter for a
6 violation of subdivision (b), (d), (f) or (g) of section eleven hundred
7 eighty of this chapter; or (vi) the registrant was liable in accordance
8 with section eleven hundred seventy-four-a of this chapter for a
9 violation of section eleven hundred seventy-four of this chapter, the
10 commissioner or his or her agent shall deny the registration or renewal
11 application until the applicant provides proof from the court or admin-
12 istrative tribunal wherein the charges are pending that an appearance or
13 answer has been made or in the case of an administrative tribunal that
14 he or she has complied with the rules and regulations of said tribunal
15 following entry of a final decision. Where an application is denied
16 pursuant to this section, the commissioner may, in his or her
17 discretion, deny a registration or renewal application to any other
18 person for the same vehicle and may deny a registration or renewal
19 application for any other motor vehicle registered in the name of the
20 applicant where the commissioner has determined that such registrant's
21 intent has been to evade the purposes of this subdivision and where the
22 commissioner has reasonable grounds to believe that such registration or
23 renewal will have the effect of defeating the purposes of this subdivi-
24 sion. Such denial shall only remain in effect as long as the summonses
25 remain unanswered, or in the case of an administrative tribunal, the
26 registrant fails to comply with the rules and regulations following
27 entry of a final decision.
28 § 11-e. Paragraph a of subdivision 5-a of section 401 of the vehicle
29 and traffic law, as separately amended by section 8-d of chapter 145 and
30 section 11-d of chapter 148 of the laws of 2019, is amended to read as
31 follows:
32 a. If at the time of application for a registration or renewal thereof
33 there is a certification from a court or administrative tribunal of
34 appropriate jurisdiction that the registrant or his or her represen-
35 tative failed to appear on the return date or any subsequent adjourned
36 date or failed to comply with the rules and regulations of an adminis-
37 trative tribunal following entry of a final decision in response to
38 three or more summonses or other process, issued within an eighteen
39 month period, charging that such motor vehicle was parked, stopped or
40 standing, or that such motor vehicle was operated for hire by the regis-
41 trant or his or her agent without being licensed as a motor vehicle for
42 hire by the appropriate local authority, in violation of any of the
43 provisions of this chapter or of any law, ordinance, rule or regulation
44 made by a local authority, or the registrant was liable in accordance
45 with section eleven hundred eighty-d of this chapter for violations of
46 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
47 of this chapter, or the registrant was liable in accordance with section
48 eleven hundred eleven-d of this chapter for a violation of subdivision
49 (d) of section eleven hundred eleven of this chapter, or the registrant
50 was liable in accordance with section eleven hundred eleven-e of this
51 chapter for a violation of subdivision (d) of section eleven hundred
52 eleven of this chapter, or the registrant was liable in accordance with
53 section eleven hundred eighty-e of this chapter for a violation of
54 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
55 this chapter, or the registrant was liable in accordance with section
56 eleven hundred seventy-four-a of this chapter for a violation of section
S. 5223--B 62
1 eleven hundred seventy-four of this chapter, the commissioner or his or
2 her agent shall deny the registration or renewal application until the
3 applicant provides proof from the court or administrative tribunal wher-
4 ein the charges are pending that an appearance or answer has been made
5 or in the case of an administrative tribunal that he or she has complied
6 with the rules and regulations of said tribunal following entry of a
7 final decision. Where an application is denied pursuant to this section,
8 the commissioner may, in his or her discretion, deny a registration or
9 renewal application to any other person for the same vehicle and may
10 deny a registration or renewal application for any other motor vehicle
11 registered in the name of the applicant where the commissioner has
12 determined that such registrant's intent has been to evade the purposes
13 of this subdivision and where the commissioner has reasonable grounds to
14 believe that such registration or renewal will have the effect of
15 defeating the purposes of this subdivision. Such denial shall only
16 remain in effect as long as the summonses remain unanswered, or in the
17 case of an administrative tribunal, the registrant fails to comply with
18 the rules and regulations following entry of a final decision.
19 § 11-f. Paragraph a of subdivision 5-a of section 401 of the vehicle
20 and traffic law, as separately amended by section 8-f of chapter 145 and
21 section 11-f of chapter 148 of the laws of 2019, is amended to read as
22 follows:
23 a. If at the time of application for a registration or renewal thereof
24 there is a certification from a court or administrative tribunal of
25 appropriate jurisdiction that the registrant or his or her represen-
26 tative failed to appear on the return date or any subsequent adjourned
27 date or failed to comply with the rules and regulations of an adminis-
28 trative tribunal following entry of a final decision in response to
29 three or more summonses or other process, issued within an eighteen
30 month period, charging that such motor vehicle was parked, stopped or
31 standing, or that such motor vehicle was operated for hire by the regis-
32 trant or his or her agent without being licensed as a motor vehicle for
33 hire by the appropriate local authority, in violation of any of the
34 provisions of this chapter or of any law, ordinance, rule or regulation
35 made by a local authority, or the registrant was liable in accordance
36 with section eleven hundred eighty-d of this chapter for violations of
37 subdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty
38 of this chapter, or the registrant was liable in accordance with section
39 eleven hundred eleven-e of this chapter for a violation of subdivision
40 (d) of section eleven hundred eleven of this chapter, or the registrant
41 was liable in accordance with section eleven hundred eighty-e of this
42 chapter for a violation of subdivision (b), (d), (f) or (g) of section
43 eleven hundred eighty of this chapter, or the registrant was liable in
44 accordance with section eleven hundred seventy-four-a of this chapter
45 for a violation of section eleven hundred seventy-four of this chapter,
46 the commissioner or his or her agent shall deny the registration or
47 renewal application until the applicant provides proof from the court or
48 administrative tribunal wherein the charges are pending that an appear-
49 ance or answer has been made or in the case of an administrative tribu-
50 nal that he has complied with the rules and regulations of said tribunal
51 following entry of a final decision. Where an application is denied
52 pursuant to this section, the commissioner may, in his or her
53 discretion, deny a registration or renewal application to any other
54 person for the same vehicle and may deny a registration or renewal
55 application for any other motor vehicle registered in the name of the
56 applicant where the commissioner has determined that such registrant's
S. 5223--B 63
1 intent has been to evade the purposes of this subdivision and where the
2 commissioner has reasonable grounds to believe that such registration or
3 renewal will have the effect of defeating the purposes of this subdivi-
4 sion. Such denial shall only remain in effect as long as the summonses
5 remain unanswered, or in the case of an administrative tribunal, the
6 registrant fails to comply with the rules and regulations following
7 entry of a final decision.
8 § 11-g. Paragraph a of subdivision 5-a of section 401 of the vehicle
9 and traffic law, as separately amended by section 8-g of chapter 145 and
10 section 11-g of chapter 148 of the laws of 2019, is amended to read as
11 follows:
12 a. If at the time of application for a registration or renewal thereof
13 there is a certification from a court or administrative tribunal of
14 appropriate jurisdiction that the registrant or his or her represen-
15 tative failed to appear on the return date or any subsequent adjourned
16 date or failed to comply with the rules and regulations of an adminis-
17 trative tribunal following entry of a final decision in response to
18 three or more summonses or other process, issued within an eighteen
19 month period, charging that such motor vehicle was parked, stopped or
20 standing, or that such motor vehicle was operated for hire by the regis-
21 trant or his or her agent without being licensed as a motor vehicle for
22 hire by the appropriate local authority, in violation of any of the
23 provisions of this chapter or of any law, ordinance, rule or regulation
24 made by a local authority, or the registrant was liable in accordance
25 with section eleven hundred seventy-four-a of this chapter for a
26 violation of section eleven hundred seventy-four of this chapter, or the
27 registrant was liable in accordance with section eleven hundred eighty-d
28 of this chapter for violations of subdivision (b), (c), (d), (f) or (g)
29 of section eleven hundred eighty of this chapter, or the registrant was
30 liable in accordance with section eleven hundred eighty-e of this chap-
31 ter for a violation of subdivision (b), (d), (f) or (g) of section elev-
32 en hundred eighty of this chapter, the commissioner or his or her agent
33 shall deny the registration or renewal application until the applicant
34 provides proof from the court or administrative tribunal wherein the
35 charges are pending that an appearance or answer has been made or in the
36 case of an administrative tribunal that he or she has complied with the
37 rules and regulations of said tribunal following entry of a final deci-
38 sion. Where an application is denied pursuant to this section, the
39 commissioner may, in his or her discretion, deny a registration or
40 renewal application to any other person for the same vehicle and may
41 deny a registration or renewal application for any other motor vehicle
42 registered in the name of the applicant where the commissioner has
43 determined that such registrant's intent has been to evade the purposes
44 of this subdivision and where the commissioner has reasonable grounds to
45 believe that such registration or renewal will have the effect of
46 defeating the purposes of this subdivision. Such denial shall only
47 remain in effect as long as the summonses remain unanswered, or in the
48 case of an administrative tribunal, the registrant fails to comply with
49 the rules and regulations following entry of a final decision.
50 § 11-h. Paragraph a of subdivision 5-a of section 401 of the vehicle
51 and traffic law, as separately amended by chapters 339 and 592 of the
52 laws of 1987, is amended to read as follows:
53 a. If at the time of application for a registration or renewal thereof
54 there is a certification from a court or administrative tribunal of
55 appropriate jurisdiction that the registrant or his or her represen-
56 tative failed to appear on the return date or any subsequent adjourned
S. 5223--B 64
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
3 three or more summonses or other process, issued within an eighteen
4 month period, charging that such motor vehicle was parked, stopped or
5 standing, or that such motor vehicle was operated for hire by the regis-
6 trant or his or her agent without being licensed as a motor vehicle for
7 hire by the appropriate local authority, in violation of any of the
8 provisions of this chapter or of any law, ordinance, rule or regulation
9 made by a local authority, or the registrant was liable in accordance
10 with section eleven hundred eighty-e of this chapter for a violation of
11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter, the commissioner or his or her agent shall deny the regis-
13 tration or renewal application until the applicant provides proof from
14 the court or administrative tribunal wherein the charges are pending
15 that an appearance or answer has been made or in the case of an adminis-
16 trative tribunal that he or she has complied with the rules and regu-
17 lations of said tribunal following entry of a final decision. Where an
18 application is denied pursuant to this section, the commissioner may, in
19 his or her discretion, deny a registration or renewal application to any
20 other person for the same vehicle and may deny a registration or renewal
21 application for any other motor vehicle registered in the name of the
22 applicant where the commissioner has determined that such registrant's
23 intent has been to evade the purposes of this subdivision and where the
24 commissioner has reasonable grounds to believe that such registration or
25 renewal will have the effect of defeating the purposes of this subdivi-
26 sion. Such denial shall only remain in effect as long as the summonses
27 remain unanswered, or in the case of an administrative tribunal, the
28 registrant fails to comply with the rules and regulations following
29 entry of a final decision.
30 § 12. The general municipal law is amended by adding a new section
31 371-a to read as follows:
32 § 371-a. Additional jurisdiction and procedure related to the adjudi-
33 cation of certain notices of liability. A traffic violations bureau
34 established pursuant to subdivision one and a traffic and parking
35 violations agency established pursuant to subdivision two of section
36 three hundred seventy-one of this article may be authorized to adjudi-
37 cate the liability of owners for violations of subdivision (b), (d), (f)
38 or (g) of section eleven hundred eighty of the vehicle and traffic law
39 pursuant to a demonstration program established pursuant to section
40 eleven hundred eighty-e of the vehicle and traffic law, in accordance
41 with the provisions of this article.
42 § 13. Section 1803 of the vehicle and traffic law is amended by adding
43 two new subdivisions 11 and 12 to read as follows:
44 11. Except as otherwise provided in paragraph e of subdivision one of
45 this section, where the commissioner of transportation has established a
46 demonstration program imposing monetary liability on the owner of a
47 vehicle for failure of an operator thereof to comply with subdivision
48 (b), (d), (f) or (g) of section eleven hundred eighty of this chapter in
49 accordance with section eleven hundred eighty-e of this chapter, any
50 fine or penalty collected by a court, judge, magistrate or other officer
51 for an imposition of liability which occurs pursuant to such program
52 shall be paid to the state comptroller within the first ten days of the
53 month following collection. Every such payment shall be accompanied by a
54 statement in such form and detail as the comptroller shall provide. The
55 comptroller shall pay eighty percent of any such fine or penalty imposed
56 for such liability to the general fund, and twenty percent of any such
S. 5223--B 65
1 fine or penalty to the city, town or village in which the violation
2 giving rise to the liability occurred. All fines, penalties and forfei-
3 tures paid to a city, town or village pursuant to the provisions of this
4 subdivision shall be credited to the general fund of such city, town or
5 village, unless a different disposition is prescribed by charter,
6 special law, local law or ordinance.
7 12. Except as otherwise provided in paragraph e of subdivision one of
8 this section, where the chair of the New York state thruway authority
9 has established a demonstration program imposing monetary liability on
10 the owner of a vehicle for failure of an operator thereof to comply with
11 subdivision (b), (d), (f) or (g) of section eleven hundred eighty of
12 this chapter in accordance with section eleven hundred eighty-e of this
13 chapter, any fine or penalty collected by a court, judge, magistrate or
14 other officer for an imposition of liability which occurs pursuant to
15 such program shall be paid to the state comptroller within the first ten
16 days of the month following collection. Every such payment shall be
17 accompanied by a statement in such form and detail as the comptroller
18 shall provide. The comptroller shall pay eighty percent of any such fine
19 or penalty imposed for such liability to the thruway authority, and
20 twenty percent of any such fine or penalty to the city, town or village
21 in which the violation giving rise to the liability occurred. For the
22 purposes of this subdivision, the term "thruway authority" shall mean
23 the New York state thruway authority, a body corporate and politic
24 constituting a public corporation created and constituted pursuant to
25 title nine of article two of the public authorities law. All fines,
26 penalties and forfeitures paid to a city, town or village pursuant to
27 the provisions of this subdivision shall be credited to the general fund
28 of such city, town or village, unless a different disposition is
29 prescribed by charter, special law, local law or ordinance.
30 § 14. Subdivision 2 of section 87 of the public officers law is
31 amended by adding a new paragraph (r) to read as follows:
32 (r) are photographs, microphotographs, videotape or other recorded
33 images prepared under the authority of section eleven hundred eighty-e
34 of the vehicle and traffic law.
35 § 15. The purchase or lease of equipment for a demonstration program
36 pursuant to section 1180-e of the vehicle and traffic law shall be
37 subject to the provisions of section 103 of the general municipal law.
38 § 16. This act shall take effect on the thirtieth day after it shall
39 have become a law and shall expire 5 years after such effective date
40 when upon such date the provisions of this act shall be deemed repealed;
41 and provided further that any rules necessary for the implementation of
42 this act on its effective date shall be promulgated on or before such
43 effective date, provided that:
44 (a) the amendments to subdivision 1 of section 235 of the vehicle and
45 traffic law made by section one of this act shall not affect the expira-
46 tion of such section and shall be deemed to expire therewith, when upon
47 such date the provisions of section one-a of this act shall take effect;
48 (a-1) the amendments to section 235 of the vehicle and traffic law
49 made by section one-a of this act shall not affect the expiration of
50 such section and shall be deemed to expire therewith, when upon such
51 date the provisions of section one-b of this act shall take effect;
52 (a-2) the amendments to section 235 of the vehicle and traffic law
53 made by section one-b of this act shall not affect the expiration of
54 such section and shall be deemed to expire therewith, when upon such
55 date the provisions of section one-c of this act shall take effect;
S. 5223--B 66
1 (a-3) the amendments to section 235 of the vehicle and traffic law
2 made by section one-c of this act shall not affect the expiration of
3 such section and shall be deemed to expire therewith, when upon such
4 date the provisions of section one-d of this act shall take effect;
5 (a-4) the amendments to section 235 of the vehicle and traffic law
6 made by section one-d of this act shall not affect the expiration of
7 such section and shall be deemed to expire therewith, when upon such
8 date the provisions of section one-e of this act shall take effect;
9 (a-5) the amendments to section 235 of the vehicle and traffic law
10 made by section one-e of this act shall not affect the expiration of
11 such section and shall be deemed to expire therewith, when upon such
12 date the provisions of section one-f of this act shall take effect;
13 (a-6) the amendments to section 235 of the vehicle and traffic law
14 made by section one-f of this act shall not affect the expiration of
15 such section and shall be deemed to expire therewith, when upon such
16 date the provisions of section one-g of this act shall take effect;
17 (a-7) the amendments to section 235 of the vehicle and traffic law
18 made by section one-g of this act shall not affect the expiration of
19 such section and shall be deemed to expire therewith, when upon such
20 date the provisions of section one-h of this act shall take effect;
21 (a-8) the amendments to section 235 of the vehicle and traffic law
22 made by section one-h of this act shall not affect the expiration of
23 such section and shall be deemed to expire therewith, when upon such
24 date the provisions of section one-i of this act shall take effect;
25 (b) the amendments to subdivision 1 of section 236 of the vehicle and
26 traffic law made by section two of this act shall not affect the expira-
27 tion of such subdivision and shall be deemed to expire therewith, when
28 upon such date the provisions of section two-a of this act shall take
29 effect;
30 (b-1) the amendments to subdivision 1 of section 236 of the vehicle
31 and traffic law made by section two-a of this act shall not affect the
32 expiration of such subdivision and shall be deemed to expire therewith,
33 when upon such date the provisions of section two-b of this act shall
34 take effect;
35 (b-2) the amendments to subdivision 1 of section 236 of the vehicle
36 and traffic law made by section two-b of this act shall not affect the
37 expiration of such subdivision and shall be deemed to expire therewith,
38 when upon such date the provisions of section two-c of this act shall
39 take effect;
40 (b-3) the amendments to subdivision 1 of section 236 of the vehicle
41 and traffic law made by section two-c of this act shall not affect the
42 expiration of such subdivision and shall be deemed to expire therewith,
43 when upon such date the provisions of section two-d of this act shall
44 take effect;
45 (b-4) the amendments to subdivision 1 of section 236 of the vehicle
46 and traffic law made by section two-d of this act shall not affect the
47 expiration of such subdivision and shall be deemed to expire therewith,
48 when upon such date the provisions of section two-e of this act shall
49 take effect;
50 (b-5) the amendments to subdivision 1 of section 236 of the vehicle
51 and traffic law made by section two-e of this act shall not affect the
52 expiration of such subdivision and shall be deemed to expire therewith,
53 when upon such date the provisions of section two-f of this act shall
54 take effect;
55 (b-6) the amendments to subdivision 1 of section 236 of the vehicle
56 and traffic law made by section two-f of this act shall not affect the
S. 5223--B 67
1 expiration of such subdivision and shall be deemed to expire therewith,
2 when upon such date the provisions of section two-g of this act shall
3 take effect;
4 (b-7) the amendments to subdivision 1 of section 236 of the vehicle
5 and traffic law made by section two-g of this act shall not affect the
6 expiration of such subdivision and shall be deemed to expire therewith,
7 when upon such date the provisions of section two-h of this act shall
8 take effect;
9 (c) the amendments to subdivision 10 of section 237 of the vehicle and
10 traffic law made by section three of this act shall not affect the expi-
11 ration of such subdivision and shall be deemed to expire therewith, when
12 upon such date the provisions of section three-a of this act shall take
13 effect;
14 (c-1) the amendments to paragraph f of subdivision 1 of section 239 of
15 the vehicle and traffic law made by section four of this act shall not
16 affect the expiration of such paragraph and shall be deemed to expire
17 therewith, when upon such date the provisions of section four-a of this
18 act shall take effect;
19 (c-2) the amendments to paragraph f of subdivision 1 of section 239 of
20 the vehicle and traffic law made by section four-a of this act shall not
21 affect the expiration of such paragraph and shall be deemed to expire
22 therewith, when upon such date the provisions of section four-b of this
23 act shall take effect;
24 (c-3) the amendments to paragraph f of subdivision 1 of section 239 of
25 the vehicle and traffic law made by section four-b of this act shall not
26 affect the expiration of such paragraph and shall be deemed to expire
27 therewith, when upon such date the provisions of section four-c of this
28 act shall take effect;
29 (c-4) the amendments to paragraph f of subdivision 1 of section 239 of
30 the vehicle and traffic law made by section four-c of this act shall not
31 affect the expiration of such paragraph and shall be deemed to expire
32 therewith, when upon such date the provisions of section four-d of this
33 act shall take effect;
34 (c-5) the amendments to paragraph f of subdivision 1 of section 239 of
35 the vehicle and traffic law made by section four-d of this act shall not
36 affect the expiration of such paragraph and shall be deemed to expire
37 therewith, when upon such date the provisions of section four-e of this
38 act shall take effect;
39 (c-6) the amendments to paragraph f of subdivision 1 of section 239 of
40 the vehicle and traffic law made by section four-e of this act shall not
41 affect the expiration of such paragraph and shall be deemed to expire
42 therewith, when upon such date the provisions of section four-f of this
43 act shall take effect;
44 (c-7) the amendments to paragraph f of subdivision 1 of section 239 of
45 the vehicle and traffic law made by section four-f of this act shall not
46 affect the expiration of such paragraph and shall be deemed to expire
47 therewith, when upon such date the provisions of section four-g of this
48 act shall take effect;
49 (c-8) the amendments to paragraph f of subdivision 1 of section 239 of
50 the vehicle and traffic law made by section four-g of this act shall not
51 affect the expiration of such paragraph and shall be deemed to expire
52 therewith, when upon such date the provisions of section four-h of this
53 act shall take effect;
54 (d) the amendments to subdivisions 1 and 1-a of section 240 of the
55 vehicle and traffic law made by section five of this act shall not
56 affect the expiration of such subdivisions and shall be deemed to expire
S. 5223--B 68
1 therewith, when upon such date the provisions of section five-a of this
2 act shall take effect;
3 (d-1) the amendments to subdivisions 1 and 1-a of section 240 of the
4 vehicle and traffic law made by section five-a of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section five-b of this
7 act shall take effect;
8 (d-2) the amendments to subdivisions 1 and 1-a of section 240 of the
9 vehicle and traffic law made by section five-b of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of section five-c of this
12 act shall take effect;
13 (d-3) the amendments to subdivisions 1 and 1-a of section 240 of the
14 vehicle and traffic law made by section five-c of this act shall not
15 affect the expiration of such subdivisions and shall be deemed to expire
16 therewith, when upon such date the provisions of section five-d of this
17 act shall take effect;
18 (d-4) the amendments to subdivisions 1 and 1-a of section 240 of the
19 vehicle and traffic law made by section five-d of this act shall not
20 affect the expiration of such subdivisions and shall be deemed to expire
21 therewith, when upon such date the provisions of section five-e of this
22 act shall take effect;
23 (d-5) the amendments to subdivisions 1 and 1-a of section 240 of the
24 vehicle and traffic law made by section five-e of this act shall not
25 affect the expiration of such subdivisions and shall be deemed to expire
26 therewith, when upon such date the provisions of section five-f of this
27 act shall take effect;
28 (d-6) the amendments to subdivisions 1 and 1-a of section 240 of the
29 vehicle and traffic law made by section five-f of this act shall not
30 affect the expiration of such subdivisions and shall be deemed to expire
31 therewith, when upon such date the provisions of section five-g of this
32 act shall take effect;
33 (d-7) the amendments to subdivision 1 of section 240 of the vehicle
34 and traffic law made by section five-g of this act shall not affect the
35 expiration of such subdivision and shall be deemed to expire therewith,
36 when upon such date the provisions of section five-h of this act shall
37 take effect;
38 (d-8) the amendments to subdivision 1-a of section 240 of the vehicle
39 and traffic law made by section five-h of this act shall not affect the
40 expiration of such subdivision and shall be deemed to expire therewith,
41 when upon such date the provisions of section five-i of this act shall
42 take effect;
43 (e) the amendments to paragraphs a and g of subdivision 2 of section
44 240 of the vehicle and traffic law made by section six of this act shall
45 not affect the expiration of such paragraphs and shall be deemed to
46 expire therewith, when upon such date the provisions of section six-a of
47 this act shall take effect;
48 (e-1) the amendments to paragraphs a and g of subdivision 2 of section
49 240 of the vehicle and traffic law made by section six-a of this act
50 shall not affect the expiration of such paragraphs and shall be deemed
51 to expire therewith, when upon such date the provisions of section six-b
52 of this act shall take effect;
53 (e-2) the amendments to paragraphs a and g of subdivision 2 of section
54 240 of the vehicle and traffic law made by section six-b of this act
55 shall not affect the expiration of such paragraphs and shall be deemed
S. 5223--B 69
1 to expire therewith, when upon such date the provisions of section six-c
2 of this act shall take effect;
3 (e-3) the amendments to paragraphs a and g of subdivision 2 of section
4 240 of the vehicle and traffic law made by section six-c of this act
5 shall not affect the expiration of such paragraphs and shall be deemed
6 to expire therewith, when upon such date the provisions of section six-d
7 of this act shall take effect;
8 (e-4) the amendments to paragraphs a and g of subdivision 2 of section
9 240 of the vehicle and traffic law made by section six-d of this act
10 shall not affect the expiration of such paragraphs and shall be deemed
11 to expire therewith, when upon such date the provisions of section six-e
12 of this act shall take effect;
13 (e-5) the amendments to paragraphs a and g of subdivision 2 of section
14 240 of the vehicle and traffic law made by section six-e of this act
15 shall not affect the expiration of such paragraphs and shall be deemed
16 to expire therewith, when upon such date the provisions of section six-f
17 of this act shall take effect;
18 (e-6) the amendments to paragraphs a and g of subdivision 2 of section
19 240 of the vehicle and traffic law made by section six-f of this act
20 shall not affect the expiration of such paragraphs and shall be deemed
21 to expire therewith, when upon such date the provisions of section six-g
22 of this act shall take effect;
23 (e-7) the amendments to paragraphs a and g of subdivision 2 of section
24 240 of the vehicle and traffic law made by section six-g of this act
25 shall not affect the expiration of such paragraphs and shall be deemed
26 to expire therewith, when upon such date the provisions of section six-h
27 of this act shall take effect;
28 (f) the amendments to subdivisions 1 and 2 of section 241 of the vehi-
29 cle and traffic law made by section seven of this act shall not affect
30 the expiration of such subdivisions and shall be deemed to expire there-
31 with, when upon such date the provisions of section seven-a of this act
32 shall take effect;
33 (f-1) the amendments to subdivisions 1 and 2 of section 241 of the
34 vehicle and traffic law made by section seven-a of this act shall not
35 affect the expiration of such subdivisions and shall be deemed to expire
36 therewith, when upon such date the provisions of section seven-b of this
37 act shall take effect;
38 (f-2) the amendments to subdivisions 1 and 2 of section 241 of the
39 vehicle and traffic law made by section seven-b of this act shall not
40 affect the expiration of such subdivisions and shall be deemed to expire
41 therewith, when upon such date the provisions of section seven-c of this
42 act shall take effect;
43 (f-3) the amendments to subdivisions 1 and 2 of section 241 of the
44 vehicle and traffic law made by section seven-c of this act shall not
45 affect the expiration of such subdivisions and shall be deemed to expire
46 therewith, when upon such date the provisions of section seven-d of this
47 act shall take effect;
48 (f-4) the amendments to subdivisions 1 and 2 of section 241 of the
49 vehicle and traffic law made by section seven-d of this act shall not
50 affect the expiration of such subdivisions and shall be deemed to expire
51 therewith, when upon such date the provisions of section seven-e of this
52 act shall take effect;
53 (f-5) the amendments to subdivisions 1 and 2 of section 241 of the
54 vehicle and traffic law made by section seven-e of this act shall not
55 affect the expiration of such subdivisions and shall be deemed to expire
S. 5223--B 70
1 therewith, when upon such date the provisions of section seven-f of this
2 act shall take effect;
3 (f-6) the amendments to subdivisions 1 and 2 of section 241 of the
4 vehicle and traffic law made by section seven-f of this act shall not
5 affect the expiration of such subdivisions and shall be deemed to expire
6 therewith, when upon such date the provisions of section seven-g of this
7 act shall take effect;
8 (f-7) the amendments to subdivisions 1 and 2 of section 241 of the
9 vehicle and traffic law made by section seven-g of this act shall not
10 affect the expiration of such subdivisions and shall be deemed to expire
11 therewith, when upon such date the provisions of sections seven-h and
12 seven-i of this act shall take effect;
13 (g) the amendments to the opening paragraph and paragraph (c) of
14 subdivision 1 of section 1809 of the vehicle and traffic law made by
15 section nine of this act shall not affect the expiration of such section
16 and shall be deemed to expire therewith, when upon such date the
17 provisions of section nine-a of this act shall take effect;
18 (g-1) the amendments to the opening paragraph and paragraph (c) of
19 subdivision 1 of section 1809 of the vehicle and traffic law made by
20 section nine-a of this act shall not affect the expiration of such
21 section and shall be deemed to expire therewith, when upon such date the
22 provisions of section nine-b of this act shall take effect;
23 (g-2) the amendments to subdivision 1 of section 1809 of the vehicle
24 and traffic law made by section nine-b of this act shall not affect the
25 expiration of such section and shall be deemed to expire therewith, when
26 upon such date the provisions of section nine-c of this act shall take
27 effect;
28 (g-3) the amendments to subdivision 1 of section 1809 of the vehicle
29 and traffic law made by section nine-c of this act shall not affect the
30 expiration of such section and shall be deemed to expire therewith, when
31 upon such date the provisions of section nine-d of this act shall take
32 effect;
33 (g-4) the amendments to subdivision 1 of section 1809 of the vehicle
34 and traffic law made by section nine-d of this act shall not affect the
35 expiration of such section and shall be deemed to expire therewith, when
36 upon such date the provisions of section nine-e of this act shall take
37 effect;
38 (g-5) the amendments to subdivision 1 of section 1809 of the vehicle
39 and traffic law made by section nine-e of this act shall not affect the
40 expiration of such section and shall be deemed to expire therewith, when
41 upon such date the provisions of section nine-f of this act shall take
42 effect;
43 (g-6) the amendments to subdivision 1 of section 1809 of the vehicle
44 and traffic law made by section nine-f of this act shall not affect the
45 expiration of such section and shall be deemed to expire therewith, when
46 upon such date the provisions of section nine-g of this act shall take
47 effect;
48 (g-7) the amendments to subdivision 1 of section 1809 of the vehicle
49 and traffic law made by section nine-g of this act shall not affect the
50 expiration of such section and shall be deemed to expire therewith, when
51 upon such date the provisions of section nine-h of this act shall take
52 effect;
53 (h) the amendments to paragraph a of subdivision 1 of section 1809-e
54 of the vehicle and traffic law made by section ten of this act shall not
55 affect the expiration of such section and shall be deemed to expire
S. 5223--B 71
1 therewith, when upon such date the provisions of section ten-a of this
2 act shall take effect;
3 (h-1) the amendments to section 1809-e of the vehicle and traffic law
4 made by section ten-a of this act shall not affect the expiration of
5 such section and shall be deemed to expire therewith, when upon such
6 date the provisions of section ten-b of this act shall take effect;
7 (h-2) the amendments to section 1809-e of the vehicle and traffic law
8 made by section ten-b of this act shall not affect the expiration of
9 such section and shall be deemed to expire therewith, when upon such
10 date the provisions of section ten-c of this act shall take effect;
11 (h-3) the amendments to section 1809-e of the vehicle and traffic law
12 made by section ten-c of this act shall not affect the expiration of
13 such section and shall be deemed to expire therewith, when upon such
14 date the provisions of section ten-d of this act shall take effect;
15 (h-4) the amendments to section 1809-e of the vehicle and traffic law
16 made by section ten-d of this act shall not affect the expiration of
17 such section and shall be deemed to expire therewith, when upon such
18 date the provisions of section ten-e of this act shall take effect;
19 (h-5) the amendments to section 1809-e of the vehicle and traffic law
20 made by section ten-e of this act shall not affect the expiration of
21 such section and shall be deemed to expire therewith, when upon such
22 date the provisions of section ten-f of this act shall take effect;
23 (h-6) the amendments to section 1809-e of the vehicle and traffic law
24 made by section ten-f of this act shall not affect the expiration of
25 such section and shall be deemed to expire therewith, when upon such
26 date the provisions of section ten-g of this act shall take effect;
27 (i) the amendments to subparagraph (i) of paragraph a of subdivision
28 5-a of of section 401 of the vehicle and traffic law made by section
29 eleven of this act shall not affect the expiration of such section and
30 shall be deemed to expire therewith, when upon such date the provisions
31 of section eleven-a of this act shall take effect;
32 (i-1) the amendments to subparagraph (i) of paragraph a of subdivision
33 5-a of section 401 of the vehicle and traffic law made by section
34 eleven-a of this act shall not affect the expiration of such section and
35 shall be deemed to expire therewith, when upon such date the provisions
36 of section eleven-b of this act shall take effect;
37 (i-2) the amendments to section 401 of the vehicle and traffic law
38 made by section eleven-b of this act shall not affect the expiration of
39 such section and shall be deemed to expire therewith, when upon such
40 date the provisions of section eleven-c of this act shall take effect;
41 (i-3) the amendments to section 401 of the vehicle and traffic law
42 made by section eleven-c of this act shall not affect the expiration of
43 such section and shall be deemed to expire therewith, when upon such
44 date the provisions of section eleven-d of this act shall take effect;
45 (i-4) the amendments to section 401 of the vehicle and traffic law
46 made by section eleven-d of this act shall not affect the expiration of
47 such section and shall be deemed to expire therewith, when upon such
48 date the provisions of section eleven-e of this act shall take effect;
49 (i-5) the amendments to section 401 of the vehicle and traffic law
50 made by section eleven-e of this act shall not affect the expiration of
51 such section and shall be deemed to expire therewith, when upon such
52 date the provisions of section eleven-f of this act shall take effect;
53 (i-6) the amendments to section 401 of the vehicle and traffic law
54 made by section eleven-f of this act shall not affect the expiration of
55 such section and shall be deemed to expire therewith, when upon such
S. 5223--B 72
1 date the provisions of section eleven-g of this act shall take effect;
2 and
3 (i-7) the amendments to section 401 of the vehicle and traffic law
4 made by section eleven-g of this act shall not affect the expiration of
5 such section and shall be deemed to expire therewith, when upon such
6 date the provisions of section eleven-h of this act shall take effect.